Category Archive: I’m moving

  1. 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.

  2. What can I do about lead paint?

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    What can I do to keep my family safe from lead paint?

    • Keep your children away from peeling paint, chipping paint or paint dust.
    • Get your children tested for lead. Ask your child’s doctor to test for lead.  Any elevated lead level is cause for concern and action.
    • Do a home lead test. Many hardware stores sell home lead test kits for around $10. Make sure the test is EPA-approved.
    • Ask your landlord to certify that the property is lead-safe or lead-free.

    What does my landlord have to do?

    Under Philadelphia Code 6-800 Lead Paint Disclosure and Certification, every landlord in Philadelphia must:

    • Hire a qualified contractor to complete a lead test.
    • Get a lead-safe or lead-free certificate for the rental property.
    • Give a copy to you and the Department of Public Health

    I did not receive a lead-safe or lead-free certificate.  What can I do?

    • Request a Lead Certificate.  You may send a letter requesting that your landlord give you a lead-safe or lead-free certificate.
    • Withhold rent. You may withhold rent until your landlord gives you a lead-safe or lead-free certificate.
    • Call the Department of Public Health at 215-685-2788 and ask if there is a Lead-Safe or Lead-Free Certificate on file.

    What rights do I have if my child has been lead-poisoned?

    Under Philadelphia Code 6-403 Lead Paint and Other Lead Hazards, if a child has a lead level of 3.5 micrograms per deciliter or higher, the Health Department is required to:

    • Test the property where the child is living.
    • Direct the Department of Licenses & Inspections to take away the owner’s rental license.
    • Require the owner to remediate the lead paint.

    For rental properties, the owner, landlord or agent for the owner may not:

    • Retaliate against the tenant.
    • Evict or attempt to evict.
    • Change the terms of the lease.
    • Collect rent or attempt to collect rent.
    • Rent the property to anyone else until the lead paint has been remediated.

    If a landlord takes any of actions listed above, the tenant may:

    • Sue for actual damages, not less than three times the monthly rent plus attorney fees and costs.

    I heard there could be lead in the water.  What can I do?

    Call the Philadelphia Water Department 215-685-6300 to schedule a free lead test appointment.

  3. I have a criminal record. What are my housing rights?

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    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.

  4. How do I renew my lease?

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    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:

    1. You may sign a new lease with your landlord.
    2. 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.

  5. How do I get more information about my rental property?

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    Who owns the property?

    • Visit property.phila.gov and type in your address to obtain information about property ownership.
    • The information provided may not include recent property transfers.

    Does the landlord have a rental license or code violations?

    • Visit li.phila.gov/property-history and type in your address to obtain information about licenses and violations.
    • Rental licenses will appear under “Business Licenses” as “3202 Rental.” Click on each license number to see if the license is current.
    • Code Violations will appear under “Violations.” Click on each case number to see the violations and whether they are marked complied.
    • The information provided may not include recent licenses or violations.

    Are there any other resources?

  6. How do I get a judgment off my credit?

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    Why should I pay a judgment?

    1. Improve your tenant record.
    2. Avoid having money taken from your wages or bank account.
    3. Avoid termination from the Section 8 Housing Choice Voucher Program.

    How do I pay a judgment?

    1. 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.
    2. 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.
    3. 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.
      • Ask to File a Petition to Proceed In Forma Pauperis (IFP). If the IFP is granted, you will not have to pay filing fees.

    The judgment is still showing up on my credit report. How do I get it off?

  7. I have a disability. Can I get a reasonable accommodation?

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    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.
    • For more information review the HUD/DOJ Joint Statement on Reasonable Accommodations in Housing.

    What are my options if the landlord refuses?

    • Seek assistance with your request from the Fair Housing Rights Center of Southeastern Pennsylvania
    • File a Discrimination Complaint with the Philadelphia Commission on Human Relations
    • Seek Legal Help.
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