Author Archives: zach

  1. My landlord pays the water bill, but I got a shut off notice. What are my rights?

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    What should the notice say? 

    The notice you receive must have the following information:

    • The date on or after which the utility proposes to terminate service, which cannot be earlier than 30 days after the date of the notice
    • The amount of the most recent bill for service for the 30-day period before the notice
    • Instructions on how you can pay the 30-day bill and assurance that you are not responsible for your landlord’s back bill
    • An explanation of your legal rights under state law, which include:
      • The right to deduct your payments for utility service from rent, and
      • The right to be protected from retaliation by your landlord for exercising your right to pay to continue utility service

    What should I do if I did not receive the notice described above?

    • You should contact the utility provider immediately if you did not receive the notice of your utility rights as a tenant
    • Inform the utility provider that you are a tenant and that your landlord is responsible for the utility service
    • Demand a notice stating your state law rights under the following statutes:
      • For Philadelphia Water – “Utility Service Tenants Rights Act”
      • For PECO and PGW – “Discontinuance of Service to Leased Premises Act”
    • If the utility does not agree to give you the legally-required notice, you should file a dispute:
      • For Philadelphia Water – Contact the Water Revenue Bureau directly at 215-685-6300 and demand an informal hearing request form
      • For PECO and PGW – Contact the Public Utility Commission and file an Informal Complaint at 1-800-692-7380
    • If you did not receive the legally-required notice and your service was shut off, or if you have questions about your rights, you should seek legal help.

    Do I have to provide a copy of my lease to the utility?

    The utility provider is required by law to give the tenant notice to each home or apartment “reasonably likely” to be occupied by a tenant who would be affected by a utility shut off.  You have no legal obligation to provide your lease or information to the utility to be entitled to receive notice.  Failure to deliver a notice to a home or apartment reasonably likely to be occupied by a tenant is a violation of state law.

    Once you receive a notice, you may need to provide identifying information and show that you are a tenant in order to continue service.

    Can I become a customer of the utility instead of my landlord?

    Under state law, any tenant who may be affected by a shut off of service in the landlord’s name has the right to agree to have future utility service provided in the tenant’s name if the utility can provide that service (typically, if the tenant’s dwelling is individually metered).  Inquire directly with the utility for information on how to apply for service in your name.

    Can my landlord call the utility and have the service shut off?

    No.  The same rules that apply to the utility when the landlord doesn’t pay apply if the landlord wants to have the service turned off.  The utility must still provide the 30 day notice and information about the tenant’s rights to continue service.

  2. The judge ruled against me. How do I appeal?

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    Can I appeal my judgment?

    • You can only appeal a Municipal Court judgment if you went to your court hearing, had a trial before a judge and the judge ruled against you.
    • If you went to your Municipal Court hearing and signed a Judgment by Agreement, then you have to follow the agreement.
    • If you missed your Municipal Court hearing, file a Petition to Open instead.

    How do I file an appeal?

    1. File on time.
      • You have 10 calendar days to appeal a judgment for possession (eviction).
      • You have 30 calendar days to appeal a judgment for money only.
    2. File the appeal.
      • In person
      • Online
      • Phone
        • Call 215-686-6652 or 215-686-6653 to get assistance filing online or to schedule an appointment to file the Appeal and IFP in person at City Hall Room 296.
    3. If you are low-income, ask to file In Forma Pauperis (IFP) to file your appeal for free.
    4. Escrow your rent.
      • If you want to stop an eviction during the appeal, you must pay your rent each month to the court. If you are low-income, you may pay 1/3 of your rent at the time you file the appeal and then pay the remaining 2/3 within 20 days.
      • If you are not low-income, you must pay 3 months of rent to the court when you file the appeal or the amount of the Municipal Court judgment for rent.
      • Initial rent payments can be made online when filing the appeal. Ongoing rent payments should be made at City Hall Room 296.
    5. Serve the court papers.
      • You must serve your landlord by personal service.
        • Private Server Have someone over 21 who is not a family member deliver the stamped court papers to the landlord and then fill out an Affidavit of Service. The court can give you the Affidavit. File the completed Affidavit in City Hall Room 296 or online.
        • Sheriff Server If you filed an IFP and it was granted, you can take the stamped court papers to the Sheriff at 100 S Broad St, 5th Fl for service free of charge.
      • If your landlord is out-of-state, you may serve the landlord by certified mail.
        • Send the stamped court papers and IFP to the landlord by certified mail, return receipt requested (approximately $8).

    What should I expect after I file an appeal?

    1. Review the Case Management Order
      • When you file your appeal, the court will give you a case management order.
      • Put the dates of your Settlement Conference and Trial in your calendar.
    2. Complaint.
      • After getting served, your landlord has 20 calendar days to file a Complaint.
    3. Answer to Complaint.
      • After your landlord serves you with the Complaint, you have 20 calendar days to file an Answer in City Hall Room 296. Your Answer should respond to each of your landlord’s claims against you. You must also mail the Answer to the landlord or landlord’s attorney.
    4. Settlement Conference.
      • You will have the opportunity to negotiate a Settlement Agreement with the landlord.
      • Settlement agreements are final and cannot be changed. If you do not agree with the terms of agreement, do not sign anything!
    5. Trial.
      • If you do not reach an agreement during the settlement conference, you will have a Trial in front of a judge. Bring all your documents and witnesses.

  3. Can I request a grievance hearing with PHA?

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    When can I request a grievance hearing?

    All PHA and PAPMC public housing tenants can ask for a Grievance Hearing to dispute a lease termination notice or raise an issue with PHA.

    What is the grievance hearing process?

    1. Fill out Grievance Hearing Request form and give to the manager.
    2. Informal Meeting with manager should be scheduled within 10 days.
    3. Summary & Decision should be sent within 5 days of the meeting.
    4. Accept or Reject Summary & Decision. If you do not like PHA’s decision, sign it and return it to the manager within 10 days.
    5. Grievance Hearing should be scheduled within 20 days. For questions, call the PHA Grievance Coordinator at 215-684-5909.

    How do I prepare for a grievance hearing?

    Start gathering evidence right away to prove your case. Proof may include:

    • Photos
    • Rent receipts
    • Letters from PHA
    • Repair receipts
    • Proof of income
    • Police reports
    • L&I inspection reports
    • Doctor’s notes
    • Utility bills
    • Witnesses
    • PHA rent ledger (AR history)

    What happens at the grievance hearing?

    Grievance hearings are usually held at 2013 Ridge Avenue (near Ridge and Master Streets).

    • At the hearing, you can present evidence, call witnesses and explain the details of your case to the hearing officer.
    • PHA will also have a turn to present evidence, call witnesses and explain their case to the hearing officer.
    • The hearing officer should send you a written decision within 15 days of the hearing.
    • If you are not satisfied with the decision, you can appeal the decision in the Court of Common Pleas in City Hall, Room 296, within 30 days.

  4. How do I apply for subsidized housing?

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    What are the main types of subsidized housing?

    1. HUD Project-Based Housing (rent based on your income)
    2. Low Income Housing Tax Credit Housing (rent based on Philadelphia median income)
    3. Public Housing (rent based on your income)
    4. Section 8 Housing Choice Voucher Program (rent based on your income)

    How can I apply for HUD Project-Based or Low Income Housing Tax Credit Housing?

    • For a list of housing developments, go to PAHousingSearch and select county and preferred bedroom size. You can also search for project-based or LIHTC developments on the HUD Resource Locator Map.
    • Call each housing development or go in person to find out if the development is accepting applications.
    • Submit an application and follow up at least once per year to update your application and confirm that you are still on the waitlist.

    How can I apply for Public Housing?

    • The waitlist for conventional Philadelphia Housing Authority (PHA) public housing is closed.
    • The waitlist for PHA public housing for seniors and people with disabilities is open.
    • The waitlists for non-PHA public housing are open.

    You can apply:

    • By Phone: Call PHA at 215-684-4000
    • In Person: Go to PHA Admissions at 2013 Ridge Ave (near Ridge and Master Streets)
    • Online: Review the online application.

    How can I apply for a Section 8 Housing Choice Voucher?

    Visit Philadelphia Housing Authority (PHA) Admissions to see if the waiting list is open.

    If the waiting list is open, it will ask for:

    • your phone number
    • the address where you live (if you have one)
    • a mailing address
    • the combined annual income for the household
    • your Head of Household’s full name, date of birth, and Social Security number or Alien Registration number (if you have one)

  5. Can my landlord increase my rent?

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    Can my landlord increase my rent?

    There are no rent control or stabilization laws in Pennsylvania, so your landlord is permitted to increase your rent.

    When can my landlord increase my rent?

    Generally, the landlord can only increase your rent at the end of a lease term unless your lease says otherwise.  Most lease terms are 2 year, 1 year, or month to month.

    Philadelphia Code § 9-804 (11) requires that the landlord give at least 60 day notice of rent increase for leases with a term of 1 year or more and at least 30 day notice of rent increase for leases with a term of less than one year.  Your lease may require even more advance notice.

    If your landlord is not giving proper notice or is improperly raising rent in the middle of your lease term, you can send your landlord a letter stating why the rent increase violates your lease and you will not pay the new amount. Keep a copy of the letter.

    Can I negotiate a rent increase?

    You always have the right to negotiate with your landlord. You can ask the landlord to keep the rent at the same rate or ask for a smaller increase. Landlords generally do not want to have to find new tenants. However, if you cannot come to an agreement with your landlord, your options are to pay the increase or move.

    My rent is subsidized. Can my landlord increase my rent?

    It is possible for the rent you pay to go up. For example, if your household income increases, your rent may increase after you report your new income to your subsidy provider. If you have a government rental subsidy and have questions about a rent increase, please seek legal help.

  6. How do I get my security deposit back?

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    How do I get my security deposit back?

    You can only request your full security deposit after you move out.

    • Before you move out
      • Send landlord a letter with the date that you are moving. Most leases require at least 30 day notice before leaving. For more information about moving out, visit I’m moving out. What steps should I take?
      • Leave the unit as clean as possible.
      • Take pictures of each room.
      • Do a walkthrough with the landlord, if possible.
    • After you move out
      • Return the keys to the landlord in person or by certified mail.
      • Send landlord a Security Deposit Request Letter (download sample). Keep a copy.
      • Your landlord has 30 days to respond to your request in writing.
        • If you disagree with your landlord’s response, you can sue for the amount of your security deposit.
        • If your landlord does not respond at all, you can sue for two times the amount of your security deposit.

    How do I sue for my security deposit?

    Be careful! Before you sue your landlord, be sure that you do not owe for rent or damages higher than your security deposit.  Here is the process:

    • 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 and request letter.
    • Ask to File a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees.  Download sample.

  7. I want to move out. What steps should I take?

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    How do I tell the landlord that I’m moving at the end of the lease term?

    • Most leases require that you give the landlord advance notice in writing before moving out at the end of the lease term.
      • If your lease is written, review your lease to determine the amount of notice you must give.  It is often 30 or 60 day notice.
      • If your lease is oral, the amount of notice is whatever you and your landlord have agreed upon.  It is best to give at least 30 day notice with oral leases.
      • Send the landlord a letter giving notice that you will be moving.  Be sure to sign and date and keep a copy for your records. If you cannot send a letter, send an email or text message.

    Can I move before the end of the lease term?

    • If you want to move out before the lease expires, you can try to negotiate with your landlord to end the lease early.
    • Your landlord may agree to let you:
      • End the lease without penalty.
      • End the lease, if you pay an early lease termination fee.
      • End the lease, if you find someone to sublet the property.
    • If your landlord agrees to let you move out early, try to get that agreement in writing or confirm the agreement by email.
    • If you need to move out immediately because the property is not safe or because of domestic violence or because of a disability, you may have the legal right to move out early without penalty.  However, you may want to request legal help.

    How should I move out?

    • Clean the rental property and take photos of each room. Before you return the keys, ask your landlord to inspect the property with you.
    • If you cannot return the keys in person, it is best to return them by certified mail.
    • Be sure that all your personal possessions are moved out as well. Otherwise, you risk losing these items permanently, because landlords can dispose of property left behind if they give you notice and you do not respond within ten days.

  8. Where can I get help paying rent or security deposit?

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    For Households Facing Hardship Due to the COVID-19 Pandemic

    COVID-19 Emergency Rental Assistance Program (ERAP) also known as Phase 4

    NOTE: As of January 7, 2022, Phase 4 Rental Assistance is closed for new applications.

    To check the status of an existing application, visit https://rent-assist.phila.gov/

    COVID-19 Homelessness Prevention Funds

    Congreso
    Email: congresohousing@congreso.net

    Esperanza
    Email: home@esperanza.us

    For Low-Income Households:

    • Office of Homeless Services (OHS)
      • Not accepting in-person applications at 1430 Cherry Street at this time.
      • Phone: 215-686-7177
      • Apply online
      • Assistance generally ranges from $0 – $1500
    • Philadelphia County Assistance Office
      • Not accepting applications at this time.
      • Phone: 215-560-1976
      • Address: 801 Market Street (near 8th & Market)
      • Mon-Fri 8:30am-4:30pm
      • Very low-income tenants only.
      • Assistance generally ranges from $0 – $400
    • United Way of Greater Philadelphia and Southern New Jersey
      • Referral only.
      • Phone: 211
    • Asociación Puertorriqueños en Marcha
      • Accepting applications by appointment only.
      • Phone: 215-235-6070
      • Address: 600 Diamond St
    • Catholic Social Services (CSS)
      • Accepting applications at all locations by appointment only.
      • Help Line: 267-331-2490
      • CSS Northeast Family Service Center
        • Phone: 215-624-5920
        • Address: 7340 Jackson St (near Cottman & Torresdale)
      • CSS Southwest Family Service Center
        • Phone: 215-724-8550
        • Address: 6214 Grays St (near 62nd & Elmwood)
      • CSS North, Casa del Carmen Family Service Center
        • Phone: 267-331-2490
        • Address: 4400 N Reese St (near 5th & Cayuga)
    • HACE
      • Accepting applications at all locations by appointment only.
      • Frankford Ave
        • Phone: 215-437-7867
        • Address: 4660 Frankford Ave
      • Allegheny Ave
        • Address: 167 W Allegheny Ave
        • Phone: 215-426-8025
    • New Kensington CDC
      • Accepting applications by phone.
      • Phone: 215-427-0350
    • People’s Emergency Center
    • Philadelphia Interfaith Hospitality Network (PIHN)
      • Accepting applications by phone.
      • Phone: 215-247-4663
      • Address: 7047 Germantown Ave (near Mt. Pleasant Ave)

    For Families with Children in Philadelphia Schools

    For Survivors of Domestic Violence

    For Veterans

    For Residents of Northwest Philadelphia

    19118, 19119, 19126, 19138, 19144 & 19150

    • Germantown Avenue Crisis Ministry
      • Accepting applications by phone. Processing may be delayed.
      • Monday through Wednesday, 9AM-2PM
      • 215-843-2340
      • 35 West Chelten Avenue
      • Assistance generally ranges from $300 – $400

    For Families with Children Involved in DHS

    • DHS Prevention Assistance Fund
      • Contact your case manager or social worker.

    For Households with a Person Living with HIV

    • Direct Emergency Financial Assistance (DEFA) grant
    • AIDS Fund: All Walks of Life grant

    For Utility Assistance

    What do I need?

    • Photo ID for all household members age 18 and over.
    • Social Security cards and Birth Certificates for all household members.
    • Proof of Income
      • Pay stubs (for last thirty days)
      • Employment letter (hrs, pay date(s), wages/salary)
      • Award Letter from Social Security office
      • Any other documentation of income
    • Proof of Assets such as bank statements or inheritance award letters
    • Lease Agreement
    • Eviction Notice and/or Court Documents

    What do I need from my landlord?

    • Rental License also called a Housing Inspection License
    • Certificate of Rental Suitability
    • W-9 signed by landlord
    • Letter with current rental balance signed and dated by landlord

  9. How do I look up an eviction court case online?

    Comments Off on How do I look up an eviction court case online?
    1. Go to fjdclaims.phila.gov
      • Click “Login As Public User”
      • Enter the text in the image and click “I Accept”
    2. Click “Search”
      • For Type, select “Defendant” for Case Type
      • Select “LT Landlord/Tenant”
      • Inside the search input, type “Your Name”.  Then click “Go!”
    3. Click on the case number that includes your landlord’s name and your name.
      NOTE: If you do not find your case, try alternate spellings of your name.
    4. Enter the text in the image and click “Continue”
    5. The court docket for each LT case shows the Plaintiff (Landlord) and the Defendant (Tenant).
      Scroll down to find the most important Docket Entries including:
      • Landlord Tenant Complaint (Usually entry #1)
      • Exhibits such as the rental license or lease
      • Any Continuances or Judgments (Usually entry #10 or below)

    To better understand any eviction case, get legal help.

  10. I am a survivor of domestic violence. What housing rights do I have?

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    Can I be evicted for domestic or sexual violence?

    No. The Philadelphia Unfair Rental Practices Ordinance makes it illegal for your landlord to evict you, raise your rent or refuse to make repairs because you are a victim of domestic violence or sexual assault. However, you can still be evicted for not paying rent.

    What should I do if I am being evicted?

    Send your landlord a letter explaining that you are a victim of domestic or sexual violence and that Philadelphia law makes it illegal for them to evict you because of domestic or sexual violence. If your landlord will not listen, you can file a complaint with the Philadelphia Fair Housing Commission or get legal help.

    Can I break my lease to escape violence?

    Yes.  Within 90 days of a reported incident (such as a hospital visit, call to 911, filing for a protection order, etc.), send your landlord:

    • A letter stating that you will be moving in 30 days. (download sample)
    • Include with your letter at least one form of proof such as a police report, protection from abuse order or letter from a health care professional, guidance counselor, or victims’ services organization.

    Can just the abuser be evicted?

    Yes, under Philadelphia law, you can ask your landlord to split the lease and evict your abuser, letting you stay. You would become responsible for paying the full rent. Your landlord does not have to agree.

    Can I be evicted for calling the police?

    No, your landlord cannot evict or punish you for calling the police to protect yourself or a family member.

    What if I live in subsidized housing?

    If you live in Section 8 Voucher, HUD or public housing, you are protected by the Philadelphia Unfair Rental Practices Ordinance and the Violence Against Women Act (VAWA). You cannot be denied admission or evicted because of domestic violence, sexual assault, dating violence or stalking. You also can’t lose your voucher if you break your lease to escape violence. You may be asked to complete a Self-Certification of Domestic Violence.

    You may also be entitled to an emergency transfer if you or a household member are experiencing domestic violence, sexual assault, dating violence, or stalking.

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