Comments Off on I have a criminal record. What are my housing rights?
Can I be denied housing because of my criminal record?
You can be denied housing because of your criminal record; however, landlords cannot have a blanket ban on prospective tenants with a criminal background.
Also, landlords cannot discriminate on the basis of race, age, color, sex, religion, disability, familial status and other protected classes. If you feel you are being discriminated against, see below.
How can I improve my chances of approval?
You might be able to expunge or seal part of your record, see below.
Gather letters of support for your housing application from past landlords, neighbors, employers, treatment programs, probation and parole, case managers, teachers and counselors to show you will be a good tenant.
Write your own letter explaining circumstances such as the length of time which has passed and your level of involvement in the crime.
What rights do I have applying to public housing?
The Philadelphia Housing Authority can only deny you for violent criminal activity, drug related criminal activity or criminal activity that affects the health and safety of your neighbors and management. You can also be denied for other criminal activity if it occurred in the last 3-10 years.
If your application is denied, you have a right to a written explanation and a right to an appeal.
On appeal, you can present witnesses and letters of support and other mitigating circumstances.
Where can I go for help?
Public Defenders for help with expungement and sealing of eligible arrests, if you were represented by them in your criminal case. Call 215-568-3190 or visit at 1441 Sansom Street.
Community Legal Services for help with expungement and housing application denials. Call the Tenant Hotline at 267-443-2500.
Philadelphia Human Relations Commission if you feel you are being discriminated against in your housing applications. Call 215-686-4670 or visit 601 Walnut Street, Suite 300 South.
Fair Housing Rights Center if you feel you are being discriminated against in your housing applications. Call 215-625-0700 or visit 444 North 3rd St #110.
I want to stay in my rental property. How do I renew my lease?
If you have a written lease, you should read it carefully to understand if your lease automatically renews after the initial lease term. If you do not have a copy of your lease, your landlord should provide you with a copy. If you have more than one lease, the one in effect is the most recent one that you and your landlord signed.
To remain in the property after your lease term is up, here are your main options:
You may sign a new lease with your landlord.
Your lease may automatically renew.
Will my lease automatically renew?
Most written leases will say if the lease automatically renews. The lease may automatically renew for the original term or a new length of time. For example, a one year lease may automatically renew on a month to month term.
If your lease does not say if lease automatically renews and your lease term has expired, the new lease term will become based on how often you pay rent. For example, if your one-year lease expired and you stay in the property and continue to pay rent every month, then your new lease term is month to month. The same terms as the original lease apply.
To stop a lease from automatically renewing, the landlord or the tenant can give notice stating that they do not want to renew the lease. The amount of notice required varies widely from lease to lease. For information on ending a lease before it renews, click here.
Is my landlord required to renew my lease?
Most private landlords are not required to renew the lease. If your landlord has decided not to renew your lease, you do not have a right to renew the lease and stay in the property. However, if you live in HUD, Low Income Housing Tax Credit or public housing, you do have a right to renew the lease.
For information about rent increases at lease renewal, click here.
Go to the Philadelphia Municipal Court docket to search for complaints filed by the owner of your property or complaints filed against the owner of your property.
Comments Off on How do I get a judgment off my credit?
Why should I pay a judgment?
Improve your tenant record.
Avoid having money taken from your wages or bank account.
Avoid termination from the Section 8 Housing Choice Voucher Program.
How do I pay a judgment?
Determine the exact amount owed. Sometimes you owe more than the judgment because the landlord paid writ fees to evict you—usually $130. Sometimes you owe less than the judgment because you made payments, the landlord deducted your security deposit or the landlord agreed to accept a reduced payment.
Get on a Payment Plan. If you cannot pay in full, contact the landlord to get on a written payment plan. The plan should state how much you owe, how much you will pay and how often.
Send money. Send money orders to the landlord at the address on the court papers. Keep your money order receipts.
What do I do after I pay a judgment?
Contact the landlord’s lawyer. Show proof that you paid the judgment and ask the lawyer to mark the judgment satisfied.
Contact the landlord. Ask the landlord to sign an Order to Mark Judgment Satisfied (download sample). Then, file it in Municipal Court at 1339 Chestnut Street, 10th Floor.
File a Petition to Satisfy if the landlord will not sign an Order to Mark Judgment Satisfied.
Go to Municipal Court at 1339 Chestnut Street, 10th floor.
Ask to File a Petition to Satisfy. You will need proof of all payments you made after the date of the judgment.
Comments Off on Can I file a Fair Housing Commission Complaint?
What is the Fair Housing Commission?
The Fair Housing Commission is a city agency empowered to enforce the Philadelphia Fair Housing Ordinance. The Commission hears complaints against landlords who engage in unfair rental practices.
What are some examples of Unfair Rental Practices?
Entering into a lease, changing a lease or terminating a lease on a property where there are open code violations.
Retaliating against a tenant for reporting code violations or exercising their legal rights.
You can file a complaint whenever the landlord has engaged in an unfair rental practice.
If your landlord already filed an eviction complaint against you in Municipal Court, then you cannot file a complaint with the Fair Housing Commission. However, you can raise unfair rental practices as a defense in Municipal Court.
Lost or Damaged Items. If your belongings were lost or damaged due to your landlord’s action or inaction, you may sue for the cost to replace items that were lost or damaged.
Example: A pipe bursts in the apartment above you and floods your bedroom. Your mattress is ruined. You may ask that the landlord pay for the cost to replace your mattress and dresser.
Rent Abatement. If you requested repairs in writing, and your landlord did not make the repairs in a timely manner, and your property was not habitable or only partially habitable for a period of time, you may sue for an abatement (reduction) of your rent for the period of time that the property was not habitable or only partially habitable.
Example: In January you ask your landlord by email to repair your heater. In April your landlord completes the repair. You may ask that the landlord abate your rent a certain amount (perhaps $400 each month) for the 3 months you lived in the property without heat ($1200 total).
High Utility Bills. If you got high utility bills after telling your landlord in writing about repair issues related to that utility, you may sue your landlord for the difference between a normal bill and the high bill(s).
Example: In May you text your landlord requesting they repair a leaky toilet. In July, your landlord completes the repair. Your water bill for June is $250. Your water bill is usually $100. You may ask that the landlord pay $150 for the high water bill for the period of time that the reported leak was not repaired.
Emergency Repairs. If you paid for emergency repairs after telling your landlord about the emergency repair issue, you may sue your landlord for the cost of labor and materials.
Example: The sewer line cracks and sewage starts flowing into your basement. Your landlord does not respond to phone calls, emails or text messages. You call an emergency plumber and pay them $500 to repair the sewer line. You may ask the landlord to pay you for the cost of the repair.
Emergency Accommodations. If you can not physically remain in your rental property due to an emergency that you did not cause, you may sue your landlord for the cost of meals and accommodations.
Example: There is an electrical fire in the basement due to old wiring, and you must leave the property. You stay in a hotel for 5 days while the landlord makes repairs. You can demand that the landlord pay you for the cost of the hotel room and meals you ate while you were displaced from the property.
Lead Safe or Lead Free Certification. If your landlord was required to provide you with a lead safe or lead free certificate and didn’t, you may sue for all rent paid before you received a Lead Safe or Lead Free Certificate as well as $2000 exemplary damages. Visit What can I do about lead paint? for more information.
Security deposit. If your landlord kept your security deposit without good cause, you may sue for your security deposit. Visit How do I get my security deposit back? for more information.
What steps do I need to take before filing in court?
Be careful! Be sure that:
You did not cause the damage related to your claim.
You do not owe the person or business more money than the amount in your claim.
Collect evidence. This includes documents, photos, receipts and witnesses that show that the person or business owes your money.
Send a demand letter. It is best to send one copy certified mail, one copy regular mail and keep one copy for yourself.
What should I include in a demand letter?
Fill out this Small Claims Demand Letter Template to make sure that you don’t forget to include any important information. Or follow these steps to write your own demand letter:
Include your name and address.
Include the name and address of the person or business you want to sue.
State your claim. If you are making more than one claim, be sure to:
List each claim.
List the amount you believe you are owed for each claim.
Add up the amounts of all the claims.
Include a short statement of why you believe that you are entitled to money for each claim. Be sure to provide enough information so that the person or business knows why you are demanding money.
How do I file a Small Claims Complaint?
If the person or business does not comply with your demand, here is the process to file in court:
Go to Municipal Court at 1339 Chestnut Street, 10th floor.
Ask to file a Small Claims Complaint. State how much money you are claiming. Include exhibits such as the lease, your evidence and your demand letter.
Comments Off on I have a disability. Can I get a reasonable accommodation?
If your disability is impacting your housing, your landlord may be required to help. You just have to ask.
What is a reasonable accommodation?
Any change to polices, practices, procedures or services to allow accessibility and equal opportunity for a person with a disability. Examples include:
Installing ramps and hand railings to make a house wheelchair accessible.
Changing the date rent is due to coincide with the date you receive your disability check.
Allowing you to use a different entrance or park in a specific parking spot because of mobility issues.
Helping you transfer if your home is unsuitable due to your disability.
What is reasonable?
An accommodation request is reasonable if:
Your landlord does not have to spend an excessive amount of time or money.
Your landlord does not have to fundamentally change the services they provide.
The accommodation will actually address a need related to your disability.
Am I considered a person with a disability?
A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, etc.
How do I request a reasonable accommodation?
Ask for a Disability Verification letter from a doctor, medical professional, peer support group, non-medical service agency or other reliable person who is in a position to know about your disability. The letter should state your disability and how it impacts your housing. (Download sample)
Send a Reasonable Accommodation Request letter to your landlord stating your disability, how it affects your housing and what you are requesting as a reasonable accommodation. It is helpful to include a copy of the Disability Verification letter. (Download sample)
Discuss your request. The landlord or property manager MUST have a conversation with you about what accommodations they can offer.