City of Philadelphia Task Force on Eviction Prevention and ... 8 Materials.pdf · The Housing...

City of Philadelphia Task Force on Eviction Prevention and Response

May 15, 2018

I. Presentation: Additions to report and recommendations

II. Summary of Public Feedback Session

III. Discussion: Integrating feedback into the report

IV. Discussion: Implementation Strategies

V. Next Steps

5/14/2018

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MAYOR’S TASKFORCE ON EVICTION PREVENTION AND RESPONSE

Meeting 8

May 15, 2018

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ADDITIONS TO THE REPORT

Why eviction prevention matters for landlords

Procedure for illegal evictions

PHA’s eviction process

L&I current inspection process

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5/14/2018

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ADDITIONS/CHANGES TO RECOMMENDATIONS

Work to confront lack of affordable housing

Illegal eviction

Voluntary trusteeship

Eviction records

Preventing default judgements

L&I-related recommendations

Sheriff’s Sale

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AFFORDABLE HOUSING RECOMMENDATION/SUBSIDIES

Add a recommendation suggesting the convening of a conversation about confronting the affordable housing crisis.

Expand access to subsidies at the Municipal Courts

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ILLEGAL EVICTIONWork with the District Attorney’s Office and leadership at the Philadelphia Police Department (PPD) to increase the enforcement of current laws, including the issuance of citations and submission of Incident Reports.

Public education campaign: Revise the “Tenant’s Referral Notice,” a palm card given by police officers to tenants on the scene of illegal evictions, to ensure information is complete and current

Explore creative strategies for tracking data on illegal evictions in partnership with City Departments and nonprofits.

Police are called only in a fraction of illegal eviction cases. The City should explore alternate data sources such as 311, the Fair Housing Commission, and legal service organizations, to supplement PPD data and produce an aggregated estimate of illegal evictions. Additionally, HHS should work with the Police Department to explore strategies to consistently document suspected cases of illegal eviction across districts.

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VOLUNTARY TRUSTEESHIP AND MASTER LEASES

Goal: to help individuals remain in their homes by providing assistance to manage their funds

Participants grant the trustee authority to manage their income

Through partnership with trustee, tenants ensure their rent is paid on time

Useful for tenants with fixed income

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EVICTION RECORDS

After how many years should eviction records be expunged?

Increase the suggested period from 3 years to 5 years.

Should filings without judgments be expunged more quickly than

judgments against tenants?

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PREVENTING DEFAULT JUDGMENTS

Municipal Court should be required to docket all mailings it sends out to tenants related to the Service of the Complaint

Municipal Court Rules should be amended to require that attempts at personal service be made in landlord-tenant proceedings

Municipal Court Rules should be amended to require that the Writ of Possession be served by personal service, or if that is not possible, by posting on the leased premises

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CHANGES TO HOUSING STANDARDS & ENFORCEMENT RECOMMENDATIONS

Expand recommendations to advise specific enforcement action

Focus on increasing enforcement

Expand inspections with the goal of increased enforcement

Expand identification of unlicensed landlords with the goal of increased enforcement

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SHERIFF’S SALE

Funding to assist tenants displaced by a Sheriff’s Sale should be included as a part of the sale, not funded by the City.

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5/14/2018

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PUBLIC FEEDBACK SESSION

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SMALL GROUP DISCUSSION

Did you hear anything new in the feedback session that should be incorporated into the recommendations?

Discuss additions to the report. Should these additions be made? What adjustments should be made to them?

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IMPLEMENTATION

The Housing Security Working Group is part of the Shared Prosperity collective impact initiative convened by CEO. Many members of the working group were invited to form the core membership of the Eviction Task Force.

The draft report proposes that a reconfigured HSWG act as the primary oversight body for implementing the recommendations.

What should we prioritize in the first year of implementation?

Assuming no new money or changes in law, how can you contribute to the implementation of the recommendations?

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REPORT RELEASE

The final report will be completed by June 15

Our final meeting will be after the report is finalized, on June 19.

Continue to discuss implementation

Report release event the week of June 21st or 28th

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Eviction Task Force

Report Additions and Edits

May 15, 2018

Below are selected sections from the Eviction Task Force report that have had major additions or

changes since the release of the draft.

Why Eviction Prevention Matters for Landlords As heard in focus groups with landlords and property managers, eviction is a last resort that should be

avoided whenever possible. However, eviction remains the sole means of repossessing a property if a

tenant ceases payment of rent or causes substantial damage to the property. Landlords emphasized that

the costs incurred through court filing fees and moving /storage fees, as well as the loss of revenue

during the consequent vacancy can push some property owners to the brink of bankruptcy – especially

the smaller “mom and pop” landlords who operate at extremely slim profit margins. Property owners

also warned that new regulations that impose excessive costs or restrictions on their ability to evict

problem tenants may lead to unintended consequences, such as a net loss of affordable housing units as

landlords make the choice to withdraw from the rental market. They advocated for a balanced approach

to eviction prevention that takes into account the concerns and needs of landlords as well as tenants,

and provides support for small landlords in the form of training, technical assistance and access to low

interest loans.

Illegal Eviction Procedures The Philadelphia Police Department advises any tenant facing an illegal eviction to call 911. At the scene,

the officer will first establish the identities of the parties involved to confirm the landlord/tenant

relationship. The officer may ask to see a lease from the tenant. If no written lease exists, the tenant can

provide a rent receipt or other proof of payment to demonstrate tenancy. If the landlord is present, the

officer will ask for a copy of the Alias Writ of Possession to verify that the legal process of eviction has

been followed. Alternatively, a phone call to Philadelphia Municipal Court Judgment and Petition Unit

(during business hours) can verify the lawfulness of the eviction. If the landlord is not present, the

officer will attempt to contact them.i

If the landlord is unable to produce proof of the Alias Writ of Possession, the officer will inform the

tenant that they are entitled to immediate repossession of the dwelling, and inform the landlord that

they are obligated to restore access or habitability of the dwelling or face a summary citation for

violation of the Philadelphia Code 9-1600.ii Per the procedures outlined in the Philadelphia Police

Department Directive 3.17, the officer will provide “stand-by assistance” to the tenant while they regain

immediate entry, but will not physically assist them.iii While on the scene, the responding officer should

provide the “Tenant’s Referral Notice” to concerned parties, a palm-card containing contact information

for supportive services. Following the incident, the Directive instructs the responding officer to prepare

a report documenting all pertinent information and action taken by the police.iv

The scale of illegal evictions is difficult to define. Incidents involving illegal evictions are cited as a

“Disturbance,” making it difficult to parse illegal evictions from other similarly cited incidents. In

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addition, not all tenants facing illegal eviction take the step of calling 911 or requesting police

involvement.

Philadelphia Housing Authority Eviction Process

The Philadelphia Housing Authority (PHA) has over 14,000 unites and houses nearly 80,000 people. PHA

handles approximately 340 cases in landlord-tenant court each month, and completes an average of 268

evictions per year, which is approximately 1.8% of its total inventory of public housing units.

PHA’s eviction procedures include additional notifications and opportunities for dispute resolution. If a

tenant has breached a condition of the lease, PHA notifies the tenant that they have 30 days to fix the

issue before a Complaint will be filed in Municipal Court. During that 30-day time frame, the tenant is

encouraged to work with the property manager to develop a repayment plan or a timeframe for curing

the violation.

PHA provides tenants with three pre-trial resolution opportunities before a Complaint is filed in

Municipal Court:

Pre-trial repayment agreements for arrearages of less than two months

Grievance hearings, held before an impartial hearing officer, for lease terminations due to

issues disputed by the tenant

Conflict resolution meetings between tenants in dispute with one another.

If the tenant does not respond within 30 days and a Complaint is filed in Municipal Court, the tenant

may still resolve the issue at any point before trial by entering into a repayment agreement or fixing the

lease violation.

If the tenant does not respond before the date of trial, PHA may offer to enter into Judgment by

Agreement (JBA) with the tenant so that the tenant can fix the lease violation over a time frame that

works for both the landlord and the tenant.

If the tenant fails to come to the court hearing or does not prevail at trial, PHA may still allow the tenant

to fix the lease violation or pay the judgment amount at any point before the day of eviction. When all

of the safeguards fail, eviction occurs as a last resort.

Federal and State Laws and Rules Related to Eviction The Landlord-Tenant Act of 1951 is the primary state statute governing residential leases. The Act sets out the rights and responsibilities of tenants and landlords in residential leases and detailed the current eviction process in Pennsylvania. It specifies the circumstances under which a landlord may evict a tenant: termination of term, breach of lease condition, failure to pay rent. It also details the eviction procedure, mandating that landlords first send a notice to quit, then file and serve the eviction complaint on tenants, and then, if successful in landlord-tenant court, obtaining a writ of possession for the property. The Act also provides tenants the right to appeal a judgment against them to their county Court of Common Pleas. While the Landlord-Tenant Act is largely silent on landlords’ responsibility to maintain their properties, Pennsylvania courts, like those in 49 of the 50 states, have found that an implied warranty of habitability exists in every residential lease. The court noted that the modern tenant was not simply leasing land or shelter with “merely walls and ceilings,” but a package of services which included “adequate heat, light

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and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance.”v The federal Fair Housing Act (FHA) and state Pennsylvania Human Relations Act (PHRA) prohibit certain forms of landlord discrimination and retaliation in residential leases. Both the FHA and PHRA prohibit landlords from refusing to rent to someone or discriminate in the terms or conditions of a lease based on that person’s race, color, religion, sex, disability, familial status, or national origin. This includes discrimination in the pricing of rent, and the decision to evict a tenant. Discrimination under these laws also includes sexual harassment against tenants from property managers or landlords.

Legal Requirements

Landlord Obligations Prior to renting a property, a landlord must meet certain requirements under the Philadelphia Code. Specifically, a landlord must: 1) obtain a rental license, 2) obtain a certificate of rental suitability, which demonstrates there are no active violations of the Philadelphia Code at the premises immediately prior to rental, 3) obtain a lead safe or lead free certification if the property was constructed prior to 1978 and there are children 6 or under presentvi, and 4) comply with the lead and smoking disclosure laws. Landlords are required to maintain their properties in habitable conditions. This includes heat, a working kitchen, a working bathroom, running water and hot water. A detailed list of what is required to maintain habitability is available in the Appendix III. In Philadelphia, it is illegal for landlords to discriminate against tenants or potential tenants because of their race, sex, sexual orientation, gender identity, religion, national origin, disability, marital status, age, source of income, family composition, or domestic or sexual violence victim status. Landlords cannot legally refuse to rent housing, set different terms in the lease, or otherwise discriminate on the basis of these factors. Individuals with a significant physical or mental impairment are entitled to reasonable accommodations, such as changing the date rent is due to coincide with a disability payment. Tenants with disabilities also have the right to make reasonable modifications, such as installing ramps and handrails, to their property at their own expense (or at the expense of the landlord if the housing is publicly subsidized).vii Under the Fair Credit Reporting Act (FCRA) landlords are required to follow certain rules and procedures when accessing a tenant or prospective tenant’s credit information. Landlords may obtain a “consumer report,” such as a credit report or a report from a tenant screening service only for a permissible purpose, including obtaining reports for tenants that apply for rental housing or want to renew their leases. If a landlord takes denies the application or requires a co-signer based on that consumer report, the landlord must provide the tenant with notice and contact information for the consumer reporting agency that created the report. FCRA also requires tenant screening agencies to accurately report tenant credit information. These agencies must follow reasonable procedures to ensure accuracy, get certification from clients stating that this report is being used for a permissible purpose, and provide a copy of their screening report to a consumer tenant upon request. Habitability and Repairs If the landlord fails to do this, a tenant can legally withhold a portion of rent from the landlord after providing written notice of the repairs needed. If the property has been cited with violations by L&I, a tenant may withhold rent in a withholding account for up to six months. If the landlord fails to make

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repairs within six months, the tenant gets to reclaim the money in the withholding account and may begin the process again. Tenants are also legally allowed to make repairs to the property if it is an issue of habitability, and deduct the cost from their rent payment. If the landlord will not make repairs after the tenant has made a request in writing, the tenant can make the repair, keep the receipts, and deduct the cost from the next rent payment. The tenant can deduct only as much money as is owed under the terms of the lease. Tenants living in properties with outstanding code violations and other habitability issues can bring a suit against their landlords for the failure to provide safe, code compliant housing. For example, the implied warranty of habitability found in every residential lease can be used as the basis of an affirmative suit brought by a tenant against a landlord for breach of contract. Code violations can be used as evidence of a full or partial breach of the implied warranty of habitability. If the amount at issue is less than $12,000, a tenant should visit Philadelphia Municipal Court at 1339 Chestnut Street, 10th Floor, and state that they want to file a suit for breach of contract against their landlord. They should have all documentation available at that time. Low-income tenants can file for free if they meet certain income requirements. Once the small claims lawsuit is filed, the tenant will get a hearing date where they will present their case in front of a judge. If the amount at issue in the case is more than $12,000, the tenant may file for an injunction in the Court of Common Pleas, though it is very difficult for an unrepresented tenant to do so. A judge in the Court of Common Pleas can issue an injunction requiring the landlord to reach code compliance. Tenants are legally protected when the landlord does not fulfill their obligations under the lease agreement to pay the utilities. Prior to terminating utilities at a rental property, the utility company must provide the tenant with at least 30 days’ notice and the opportunity to pay the outstanding utilities, keep the service on, and deduct the cost of that utility service from the rent. Property Foreclosure Properties with outstanding tax debts may go to Sheriff’s Sale, or through the process of sequestration. When a property has outstanding tax debts and the City is aware that it is a rental property, the City may request that the court appoint a Sequestrator for the property. The Sequestrator collects rent directly from tenants, using the collected amounts to pay off tax balances and maintain building operations. Once the debt is repaid, the management of the property reverts to the owner. If the sequestration process is not successful, the property goes to Sheriff’s Sale.viii The City has been pursuing sequestration as a mechanism to collect taxes since late 2013. In five year period, it has sent nearly 13,400 letters to tax delinquent landlords (the program send out approximately 100 letters per week to initiate the process), filed 4,300 petitions with the Court of Common Pleas to compel property owners to pay back taxes, entered into 4,300 payment agreements, received payment in full from roughly 3,700 owners, set up a court-appointed Sequestrator for roughly 1,000 rental properties, and transferred 3,570 to Sheriff’s Sale. Roughly 75% of all properties identified are diverted from Sheriff’s Sale through this process.

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In 2017, there were 170 properties sold at Sheriff’s Sale that had a current or recent rental license, but this number was as high as nearly 1,100 properties during the height of the foreclosure crisis. There may also be more properties that were foreclosed upon that were operating a rental property without a license.

Tenants found in possession of properties that are foreclosed upon must be served notice of the foreclosure complaint. Once served, they are supposed to be named as additional defendants in the foreclosure action. Practically speaking, the tenants may receive letters in the mail, often addressed to the property owner, stating that a bank or other creditor has started foreclosure proceedings on a property, but they may not understand what this means for their lease agreement. Tenants will also receive notice when the property is up for sheriff’s sale, because notice of the sale will be posted on the door of the property. The foreclosure and sheriff’s sale process takes months from start to finish, even if the property owner merely defaults. Even after a foreclosure and sheriff’s sale, however, a property owner cannot engage in a self-help eviction. Instead, tenants living in foreclosed homes can only be removed through the process of ejectment, which is similar to, but more time consuming than, the eviction process. To eject a tenant, the new owner must file an ejectment complaint in the Court of Common Pleas and serve this complaint on the tenant. If the ejectment is uncontested by the tenant, the tenant will typically have 90 days to relocate.

i Philadelphia Police Department, Directive 3.17-3(A). ii Non-Traffic Summary Citation (03-8), procedures outlined in Directive 12.10: “Summary Offenses”, for violation of

Philadelphia Code 9-1605: “Self-Help Eviction Practices”. Penalty is a fine between $100 & $300 dollars, or imprisonment not exceeding 90 days. iii Philadelphia Police Department, Directive 3.17-3(A).4b. iv Philadelphia Police Department, Directive 3.17-3(A).5. Complaint/Incident Report (75-48) to be forwarded to the Special

Advisor to the Police Commissioner. v Commonwealth v. Monumental Properties, Inc., 329 A.2d 812, 820-21 (Pa. 1974) vi Philadelphia Code, Chapter 6-800.

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City of Philadelphia Department of Public Health. A Landlord's Guide to the Philadelphia Lead Disclosure and Certification Law. 2012. http://www.phila.gov/health/pdfs/LandlordGuidance_12_19_12.pdf vii “HUD.gov / U.S. Department of Housing and Urban Development (HUD),” accessed April 11, 2018, https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/inhousing. viii Frank Breslin, “FY17 Strategic Tax Collection Plan.” Presentation, May 2016. http://phlcouncil.com/wp-content/uploads/2016/05/Revenue-Collection-Strategy-May-2016.pdf

http://www.phila.gov/health/pdfs/LandlordGuidance_12_19_12.pdf

http://phlcouncil.com/wp-content/uploads/2016/05/Revenue-Collection-Strategy-May-2016.pdf

http://phlcouncil.com/wp-content/uploads/2016/05/Revenue-Collection-Strategy-May-2016.pdf

Licensing & Enforcement Process There are an estimated 273,000 rental units in Philadelphia. Roughly 80% of these are properly licensed -- 208,000 of these properties are licensed, and roughly 13,000 are managed by the Philadelphia Housing Authority, which are not required to be licensed. Rental licenses are not required if the owner occupies one unit in a building with four or fewer units. Licensing Process -- A Rental License must be renewed annually at the cost of $55 per unit. All units in one building are on the same license, unless owned by different people. Landlords cannot obtain a rental license if there are code violations at the property or they are not up to date on their business or property taxes for the property at issue. Inspection Process – Currently, Licenses & Inspections inspects rental units based on complaints about the property. Complaints are received through 311, the City of Philadelphia’s customer service hotline. Most complaints for rental properties related to interior issues come from tenants. L&I also receives complaints from neighbors, typically for exterior issues. For most complaints, L&I will send an inspector to look at the property within 20 days. More serious complaints can be reviewed within 48 hours. In preparation for visiting a property, an inspector will attempt to schedule an appointment with the tenant if contact information is provided in the complaint. If a tenant is not home or does not provide access to the inspector, the inspector will leave contact information. The inspector will make two attempts to enter the property. If no access is provided after two visits, the complaint will be closed. Violation Process – If an inspector finds code violations, a Notice of Violation (NOV) is issued to the owner at addresses provided on the license and in City records. For most violations, a reinspection is scheduled in 35 days. If violations remain upon reinspection, a final NOV is issued to the owner. After XX days, there is a second reinspection. The average compliance rate after two inspections is 70%. If there is no compliance upon a second reinspection, the inspector forward the case to the court processing unit and the case is reviewed for court eligibility. Cases are brought before the court based on the number and severity of the violations. If the only violation is failure to have a rental license, most likely the case will not be brought before the court. It can also be difficult at times to find a property owner in order to serve them the court filing, because they operate businesses entities (such as LLCs) that shield information about their actual location. Enforcement Process – Once a case is brought to Court, it is managed by the City of Philadelphia Law Department. The Court process can be several months, depending on the volume of cases and available court time. Most violations are sent to Municipal Court. This is for fines up to $12,000. Serious violations (over cases where fines exceed $12,000) are sent to Equity Court. Serious violations include fire alarm systems, plumbing, and heating systems. Unpaid fines are sent to a collections agency to pursue. All fines and orders are made at the discretion of the presiding judge. The City of Philadelphia has dramatically increased the number of cases being brought to Court (from X in 2012 to Y in 2017), but judges regularly reduce or eliminate fines held against properties and property owners. This is often done with the feedback that the money is better spent investing in the property itself or they are not in line with the nature of the violation. More detailed information about the fines are available in Appendix X.

Cease Operations – In some cases, the nature of a code violation poses a significant threat to health and safety, such as no running water, serious fire hazards, an imminently dangerous structural condition, or no operating heating system in the winter when there are elderly individuals or young children occupying the property. In those cases, it may be necessary for L&I to issue a Cease Operations order. Since it will result in a vacant property and homeless families or individuals, these are considered an absolute last resort in residential properties. They must be approved by a judge, and require a high degree of proof. It also involves extensive coordination with the Police Department and social service agencies to relocate the effected tenants.

Task Force on Eviction Prevention and Response Draft Report: Public Feedback Session

May 8, 2018 – 5:30-7:30pm

Feedback Discussion Notes

Outreach and Education

General Comments

Tenant education could be greatly improved with basic information

o E.g., what a tenant can and can’t do

o Easily digestible list of services

o “10 commandments of eviction” – 1-2 pages

o Centralized resource guides – the DHCD guide can be a starting point

o Turn it into an app

o See Project Home’s resource guide

o Person at Free Library would see 5 people a week that needed eviction help, started

developing a resource guide to assist them, stressed importance of libraries in outreach

Need targeted outreach

o Outreach to neighborhoods with high eviction rates

o Go to libraries and schools! And NACs and block captain network

o Use trusted community organizations to disperse rather than relying on City

Greater education at lease signing

o Revise Partners for Good Housing handbook

Use model lease, similar to how CFPB has a model mortgage agreement

Recommendations

1. Create a single portal for access to eviction prevention services.

Concern about housing counseling capacity to absorb expanded role – will require additional

financial resources, training, education

Need to make clear the distinction between when a tenant needs financial counseling versus

legal assistance

2. Conduct a public education campaign about eviction and safe, habitable housing.

Public ad campaign on buses and billboards – this was successful and cost-effective for UESF

Public ad campaign via utility bill inserts

3. Expand direct outreach to tenants with an eviction filing.

Municipal Court should revise their resource pamphlet to tenants to have accurate information

(as it is outdated) and to be more issue-focused rather than just a cluttered list of service

providers

Need changes to Municipal Court process of notifying tenants

o 55% of all alias writs of possession in the last 5 years resulted from a default judgment

(CLS)

o CLS has statistics on how outcomes improve when tenants know about their

filing/hearing date and are able to show up

o Municipal Court is legally required by the State to conform to various procedures with

respect to notifying tenants – but they often do not follow this in 3 major ways:

dockets do not confirm whether the notice was mailed to the tenant

alias writs of possession are not personally served and instead stuck in door

jambs

eviction complaints are mailed or posted rather than personally serving them

o The recommendations around this could be:

Municipal Court should require that dockets indicate if mailings were sent to

tenants

Municipal Court rules should be amended to require that attempts at personal

service be made in landlord-tenant proceedings so that tenants receive

adequate notice of their hearings

Municipal Court rules should be amended to require that the writ of possession

be served by personal service

o Municipal Court should ensure their notice processes meet the minimum requirements

set out in the state regulations – change the wording of recommendation #3 to:

“Ensure that tenants receive the notice that is required under Pennsylvania

law and expand direct outreach to tenants with an eviction filling”

Municipal Court should attempt to prevent judgments where it is clear the tenant cannot

reasonably pay the agreements – begin to address this by having a simple budget calculator in

the mediation and hearing

Resources and Supports

General Comments

Market values for homes are high. Taxes go up, which means rents have to go up

Recommendations

4. Enable small landlords to make repairs to existing rental housing.

This recommendation can help small landlords meet the gap

Is there a certain term for the loan?

It has to be a streamlined and clear process to motivate landlords to do it and be able to make

timely repairs

There have been past programs, which we should look at to learn from

What counts as a small landlord?

Where is the money coming from?

This will be very helpful, as there are a lot of low-income landlords

There should be mandatory training for the landlord along with the loan

Small Fair Market Rent initiative will reduce the availability of affordable housing, and hurt low-income neighborhoods. We should advocate against this.

5. Replicate HomeBase, New York’s targeted homelessness prevention program.

A lot of moms, for example, find that OHS is the best opportunity to link up to housing

Resources are scarce and we have to choose how to allocate them.

The problem occurs when funding doesn’t come until an emergency happens. Programs have to

be more pre-emptive and consistent. For hundreds of people, $200 would be transformative

Case management, financial counseling needs to be available

Have to keep in mind that NYC has a lot more money than Philly

Need a clearer description of what the program actually does. Make it clear what HomeBase

provides, that it is community based.

6. Set up a pre-complaint resolution process.

These recommendations are letting PHA off the hook. PHA clients come to OHS for assistance

too often. PHA files for eviction way too often. There needs to be a pre-complaint process that

applies to PHA as well.

Everyone (landlords and tenants) would want to see more of this

This is the biggest recommendation. Is there overlap between this and #13? What is the

distinction? Maybe they should be combined. Are they different paths, or part of the same

process?

7. Develop a database to look up landlords.

There is a private sector landlord rating website

This may come up against resistance from landlords

It can be tricky to identify landlords under multiple names, with LLCs. The landlord may be

different from the deed holder.

Database for landlord look up needs to be user friendly and more accessible

Housing Standards and Enforcement

General Comments

Utilities o Confusion over who is responsible for utilities creates problems for both landlords and

tenants o Due process is needed before a shut off to determine if it is the fault of the landlord or

the tenant – opportunity for a hearing before shut off o Tenants often do not receive utility bills from landlord until they are past due o Solutions related to water shut off could be modeled off of a similar program at PGW

that differentiates between tenant actions and owner actions Shut offs can result in burst pipes in the winter

o The TAP program also help people enter into payment plans based on what they can afford

Landlord gets a copy of the bill to measure usage and spot repairs needed o There is a lack of adequate metering; although there have been new efforts that have

resulted in the addition of new meters

Enforcement and inspections of properties need to be increase. The recommendations need to be stronger.

L&I violations need to differentiate between tenants and landlords, similar to PHA

Gentrification is creating an incentive to leave properties in disrepair and then sell to Penn or Drexel

Should spell out the meaning of violation code numbers

This will be good for landlords that play by the rules

Recommendations 8. Expand the use of data analysis to identify properties being rented without licenses.

L&I should have massive enforcement of non-licensed properties

9. Explore changes to the Philadelphia Code to strengthen enforcement of code violations.

Is the recommendation around requiring changes in occupancy redundant given the changes to disclosure of contact information and licensing – does it create more paperwork without adding value?

Is there discretion on what the Law Department can ask for in terms of fines? What are the incentives that actually work?

How can there still be uniformity for people paying the same amount for similar issues?

This should be expanded and focus on the most vulnerable areas or the areas with the most complaints

Are owner-occupied properties being held to the same standards? Too timid. Need to expand the pilot program asap.

Require an unsworn affidavit around contact information for a landlord, so that they are guilty

of perjury if that is not correct

Legal Processes and Policies

Recommendations

11. Pass a law to limit evictions of tenants to good causes.

Why would the City not support it? (Good Cause legislation)

The concern is that landlords should have the right to not renew the lease; it’s an infringement

on their freedom, their hands will be tied and they will have to let the tenants live with them

forever.

Councilman Jones wants to sit down with landlords to hear their concerns.

I think Good Cause will stop discrimination, retaliation. It’s hard to prove racial discrimination. I

see from the recommendations that not all of the members of the taskforce support good

cause, why is that?

It’s a big thing that Good Cause is still in the set of recommendations.

Landlords can still evict, but why can’t the narrative be that there should be moderation, that

the number of evictions should be reduced?

What limits does “good cause” introduce given that the landlords are favored in court?

Burden of proof on the tenant – landlord can file a broad statement of breach of lease

o What answer is there if the focus is to get through eviction without other requirements

or proof necessary?

What effect might this have on areas of deep poverty?

The bill received endorsement from New Kensington CDC.

What stops owners from using property neglect as a way to displace people from housing?

(PTU member hands out form in support of Good Cause)

Expand the list of exceptions to good cause to include selling the building

Tenant felt that in the second round of eviction case, judge would not even listen

Should there be disclosure of people on Task Force who are against Good Cause?

o Dissent in recommendation #11 should be a footnote rather than part of the

recommendation as it weakens the statement.

Good Cause should be better defined within the recommendation.

PHA generally supports “good cause” as it already has a form of it written into its lease

agreements.

Good Cause is concerning as landlords may be hesitant to rent or may pull out of rental market

Most important recommendations

Tenants do not have rights if a landlord can evict (esp. a month-to-month lease) without

providing any reason

Without good cause, there is no protection against potential discrimination

The process is unbalanced: it’s someone’s home, livelihood vs. another’s property, investment

When people speak like landlords (as a whole) are doing something wrong, it’s offensive

o 3 types of tenants: good risk, moderate risk, and bad risk

o Landlord must assess the moderate risk tenants the closest

o If you introduce good cause, the moderate risk group will expand

Ending a lease term is not an eviction

The end of a lease is the end of a contract. Can choose to not extend.

Renting is not out of contract law, but property law. And even so, it is not a “balanced” contract

o Tenants are afraid to complain

How would one get a drug dealer out of a unit?

This is not re-inventing the wheel: there are good cause protections in New Jersey, New York

There are also fair housing laws in existence. If the landlord does not provide a reason for

eviction, there’s no way to challenge the eviction.

But this is the same burden of proof if your employer discriminates. It must be taken by

employee to HR.

There needs to be very clear definition of what is “good cause” and what is not.

Good cause will cause landlords to not invest: Good cause, increasing property taxes, fines

o Raising rent will be very hard

12. Increase enforcement of requirements related to key rental documents.

What about the Partners for Good Housing booklet? Does the landlord have to confirm they

gave that handbook?

That handbook is part of the required documents the landlord has to give the tenant.

There should be strict liability for the landlords for lead law and whether there are children

under the age of six living in the property. The tenant shouldn’t have to prove that the landlord

knew there were children under the age of six there.

Do you think that would increase the discrimination against tenants with young children?

Right now, if there are code violations that are logged while there is an active rental license, the

license remains active. City code gives L&I the option of suspending the license, but I have never

seen this happen, even in cases where the violations are serious or remain unfixed. There are

cases where my clients are waiting for L&I to come out, and in the meantime, their previously

unlicensed landlord is successful in getting a rental license, then promptly filing an eviction

lawsuit. Mandatory suspension of rental licenses by L&I if there are serious code violations

would help tenants have more leverage and would directly reduce eviction filings, since you

cannot file an eviction lawsuit without an active rental license.

Point out that on the landlord tenant court complaint, the landlord has to self-aver that there

are no violations.

Subsidized housing tenants often have no idea of what they are signing or what they are being

given.

13. Set up a mandatory, pre-hearing mediation process.

Very similar to marriage counseling.

Landlords are supportive of this. A way to move straight to mediation brings discussion between

parties more quickly, thereby reducing time and money lost and less burden on the courts.

o HAPCO landlords to man mediation if needed: “Nothing a good landlord hates more

than a bad landlord”

14. Increase legal representation for low-income tenants.

Increasing legal representation to low-income tenants is a good idea.

NYC has a right to counsel for low-income tenants, meaning every tenant who is financially

eligible is represented by a pro bono attorney. Newark, NJ has introduced legislation that would

give low income tenants the right to counsel in housing court, and San Francisco has an

upcoming ballot initiative that would give low income tenants to the right to counsel if it is

passed. I think Philadelphia should have a right to counsel for low-income tenants, because

currently the power imbalance is so huge between represented landlords and unrepresented

tenants, and that leads to unfair outcomes.

If courts favor landlords, how would this help? Supply of lawyers may shift the scales to a more

balanced starting point.

o This is the efforts of the Eviction Prevention Project: change court landscape, add court

navigators, assist those facing hearings

o Many tenants lose on default and increasing supply of legal representation would help.

85% of landlords represented and only 8.5% of tenants: increases chance that

tenant loses on default as no one present to represent.

Include statistics in report about New York Right to Counsel

o Covered to some extent in the report, but review if ample

Highlight the revolving door between evictions, shelter, temporary housing, etc.

All are supportive of this recommendation.

Landlords would much rather deal with a tenant with representation than one without.

15. Increase support for tenants who are evicted due to a Sheriff’s Sale.

I think that with the rise of housing prices here in Philadelphia, Sherriff sales will be less

common because there will be too much equity in these properties and so they won’t get to the

point of having a Sherriff sale take place

City should provide funding to assist tenants who are displaced from their rental being sold at

Sherriff Sale. These tenants should have adequate time to find new housing.

I lived at a house where my landlord would have his mail sent to the house, and I used to see

mail from the mortgage company talking about foreclosure and it was really frighten me. The

mortgage company would even call the house directly, and I was scared I would lose the house.

Concerned about relying on city funding to help these tenants, because city funding can be hard

to obtain, and also to maintain. What about the possibility of private funding?

Educating these tenants about their rights can go a long way towards getting them more time to

relocate and even getting financial support. I have advised many tenants about their right to

stay in the property even after the Sherriff Sale, letting them know the new owner has to get the

deed into their name, file an ejectment lawsuit, and get a court order ejecting them before they

can be forced to leave. This process often takes a couple of months, and once people know their

rights, they are much less likely to be fooled by the new owner telling them or threatening them

that they must leave immediately. This also allows them time to save their rent money towards

a new place. I’ve also assisted tenants with negotiating a new lease with the new owner. I have

also negotiated financial incentives for the tenant to leave, especially in cases where the new

owner is a mortgage company, or in cases where the new owner does not want to go through

the lengthy/costly ejectment lawsuit process and would rather just pay the tenant to leave.

16. Expunge eviction records.

We should advocate for a process for expunging eviction records for cases resolved in the

tenant’s favor

I know I’m always willing to contact the court when the tenant pays off the judgment and make

sure the judgment is satisfied

There is a difference between a judgment being satisfied and a judgment being expunged. The

former is still visible as a public record, the latter is not. Many tenants report that prospective

landlords turn them down on the basis they were defendants in a landlord tenant lawsuit, no

matter what the outcome is and regardless if the money judgment has been satisfied.

I envisioned a certain subset of evictions being expunged, like all cases are expunged after seven

years, or the expungement automatically takes place if the tenant satisfied the judgment

I will give a recommendation to prospective landlord if they call me to inquire about a former

tenant, I have no problem doing that.

I would support expungement in all cases after three years, or one year if the tenant has

satisfied the judgment.

General support for expunging option.

If expungement is not an option, use “time out”

Both local and state laws should be explored. Might require amending state law to put in action.

Should also consider other options to expungement, flexibility depending on the outcome.

17. Increase accessibility of Landlord-Tenant Court and the mediation process.

Court paperwork has too much legalese, is confusing. Tenants walking into court are confused

about where to go, as opposed to landlords who are typically being represented by an attorney,

or who go to court frequently. Language issues can arise for ESL individuals

Eviction is a frustrating issue for everyone, because the time process can take 60-90 days. It

would be good if there was something that made the process more casual, ie a mediation room

to help resolve the problem, as opposed to going before a Judge. Everyone can just sit down and

hash things out.

I think this topic (accessibility) is about how people are treated when they get to court

I think part of accessibility is the issue of getting to court in the first place. There are a high

percentage of default judgments, meaning the tenants didn’t appear at their court hearing. It

would be helpful to have an easier process for unrepresented tenants to get a continuance, so

they can make arrangements for childcare, work, school transportation, etc. For example, call

this number if you need to reschedule your hearing.

Using plain language in court documents and materials is key

A good policy recommendation is preventative. For example, encourage people to have a friend

be an authorized representative. Or have a court mediator in every case, not just cases where

both the tenant and the landlord do not have an attorney

Landlords could be mediators, confident there would be landlords who would volunteer for this.

Agree that mediators should always be provided.

One major barrier: more than ½ filings result in default judgments.

Municipal court rules are out of line with state rules with regard to notice.

o While it is in law, there is currently no Municipal Court rule requiring notice of the writ

of possession.

o There is no internal process around proof of notice or service.

o Many CLS clients never receive Writ of Possession.

o Landlords simply putting notice in the door jam, especially problematic on multi-family

buildings where it may be unclear who the notice is for.

o Tax foreclosure cases require proof of notice (a picture of the posting). This rule came

from the judge’s chambers as there was evidence of fraudulent alterations.

Noting this in the report would be a huge step

Center City Office: 1424 Chestnut St. | Philadelphia, PA 19102-2505 | Telephone: 215-981-3700 clsphila.org

North Philadelphia Law Center: 1410 West Erie Ave. | Philadelphia, PA 19140-4136 | Telephone: 215-227-2400

Testimony of Ian Charlton

Attorney in the Housing Unit, Community Legal Services In Support of Revisions to the Report of the Eviction Task Force

May 8th, 2018

Good morning, my name is Ian Charlton and I am an attorney in the Housing Unit at Community

Legal Services of Philadelphia. Thank you for the opportunity to testify on this draft of the

Recommendations of the Eviction Task Force.

The implementation of the Eviction Task Force’s well thought out recommendations would surely

be a major step towards ensuring that all Philadelphia residents have access to safe and habitable

homes. However, there is one major area in which we would like to see some changes to the report

and the concomitant recommendations, and that area is default judgments. The current version of

the report states that default judgments make up 36% of all cases. But there is another statistic that

we think is more telling: we know from the available public record data that default judgments

account for more than half of all of the evictions in this City. That means more than half of all of

those evicted never actually have their day in Court.

We understand that default judgments may arise from any number of reasons. For example, some

tenants are unable to leave work, while others are forced to rely on sometimes unreliable means of

transportation, and still others arrive a few minutes late for their hearings. But given the

complaints we have received from many of our clients, we have taken a closer look at the extent of

the problem of tenants who do not have notice of their hearings. Addressing this problem is

especially important because the current Rules of Philadelphia Municipal Court are not providing

the protections to tenants that exist in all of the other Magisterial District Courts across the

Commonwealth, despite legal requirements that they do so under the Pennsylvania Rules of Judicial

Administration.

Given the extent of this problem, we would like to see changes to both the title and substance of the

third recommendation on page 25 of the report. For example, “Expand direct outreach to tenants

with an eviction filing” should be changed to “Ensure that tenants receive the notice that is required

under Pennsylvania law and expand direct outreach to tenants with an eviction filing.” We think

that ensuring that Philadelphia complies with laws already in place is equally important to

expanding outreach to tenants beyond what is legally required.

Therefore, we also strongly recommend that Recommendation #3 include additional action items,

to ensure that Philadelphia’s Municipal Court does what it is required to under the Pennsylvania

Center City Office: 1424 Chestnut St. | Philadelphia, PA 19102-2505 | Telephone: 215-981-3700 clsphila.org

North Philadelphia Law Center: 1410 West Erie Ave. | Philadelphia, PA 19140-4136 | Telephone: 215-227-2400

Rules of Judicial Administration and provide protections consistent with those of the Magisterial

District Courts.

1. First, Municipal Court should be required to docket the mailings it sends out to tenants pursuant to service of the Complaint; This will address the fact that an incredibly high percentage of default judgments are entered by trial commissioners that really should not be entered at all, because there is no indication that the Complaint has ever been mailed to the tenant pursuant to the Rules.

2. Second, the Municipal Court Rules should be amended to require that attempt(s) at personal service be made in landlord-tenant proceedings so that tenants receive adequate notice of their hearings. Currently, the Municipal Court Rules allow simply for posting the Complaint and mailing it. This is especially troublesome because we know that tenants who are personally served are more likely to appear for Court. For example, many tenants for whom service is effectuated by posting live in large apartment complexes and never discover that one of multiple entrances to the apartment complex has been posted with legal documents meant specifically for them.

3. Third, the Municipal Court Rules should be amended to Require that the Writ of Possession, which alerts the tenant about an impending eviction, be served by personal service, and if personal service is not available, by posting to the leased premises. We are very concerned about the fact that we simply never come across tenants who have been served with the Writ of Possession. Too many tenants have been taken by surprise and locked out of their rented unit without notice.

Like the Magisterial District Courts across the Commonwealth where these protections already

exist, we are hopeful that Philadelphia’s Municipal Court begins to comply with the legal

requirements that ensure proper notice is given to tenants about their hearings. We therefore

strongly urge that the revision of Recommendation #3 in the Report be taken into careful

consideration. We look forward to continuing to work with City Council, housing advocates,

landlords, and community members to continue to support and develop this policy.

If you have additional questions or need additional information about these recommendations, I

can be reached at:

Ian Charlton

[email protected]

(215) 981-3768

mailto:[email protected]

Based on 5 years (2011-2015) of Municipal Court data on landlord-tenant cases (from Jon Pyle),

representing 87,000 cases, approximately:

• 1 in 2 chance that an alias writ will issue following default judgment

• 1 in 4 chance that alias writ will issue if tenant shows up for hearing

• 54.3% of all alias writs followed default judgments

Dear Members of the Eviction Task Force:

Philadelphia VIP is the hub of pro bono legal services in Philadelphia. For the past thirty-seven years, we

have provided legal services for low-income residents and families facing civil legal problems that

threaten basic human needs—shelter, employment, financial stability, and family composition. Most of

VIP’s clients are referred by our two sister agencies—Community Legal Services and Philadelphia Legal

Assistance—due to conflict of interest, capacity limits, or service priorities preventing those

organizations from providing assistance. As such, VIP is the “agency of last resort” for most of the clients

referred to us, who numbered close to 1,500 last year.

On behalf of the tenants we represent, we applaud the recommendations set forth by the Task Force.

We appreciate the Task Force’s invitation for members of the public to provide comments. We offer the

following suggestions to strengthen the recommendations to increase enforcement of housing

standards, expansion of legal representation for low-income tenants, and barring the licensure of the

most problematic landlord.

Increased Enforcement of Housing Standards

Citywide, Philadelphia renters occupy approximately 22,000housing units. Far too many of the units

rented to low-income tenants lack Rental Licenses and have severe habitability issues.

Under Philadelphia law, landlords need to have a valid Rental License at the beginning of the tenancy,

and provide the tenant with a Certificate of Rental Suitability and “Philadelphia Partners for Good

Housing” Handbook within the first 60 days of the tenancy. Although Certificates of Rental Suitability

should not be issued when a property has critical habitability issues, this rule is honored in the breach.

In our experience, landlords often provide the Certificates despite open violations issues by the

Department of Licenses and Inspections (“L&I”) or conditions that warrant inspection.

We suggest that the Task Force’s recommendations include further strengthening of code enforcement

against problematic landlords up front, rather than waiting until a case ends up in Municipal Court. For

example, local law could prohibit granting Certificates of Rental Suitability and Rental Licenses to

properties with open L&I violations. Another approach could be monitoring of complaints filed in

Municipal Court that contain averments by a landlord that no open L&I violations exist on the property,

when, in fact, many do, followed by enforcement activity.

Absolute Right to Counsel for Low-Income Tenants

In court, where nearly 10% of Philadelphia tenants face involuntary displacement, only 8% of tenants

have legal representation; landlords, by contrast, have legal counsel in 81% of cases. This is a gross

imbalance of justice. Given the stakes for individuals, families, and communities in eviction cases,

Philadelphia should implement a right to counsel in eviction cases for low-income tenants.

Metropolitan areas across the United States have explored the cost-benefit analysis of providing right to

counsel to low-income persons facing eviction. New York City provided $155 million to address the

issue. This investment not only helped to ensure access to justice for tenants, research suggests it will

yield potential net savings of $52 million due to avoided shelter and emergency care costs. Next month,

voters in San Francisco will consider a ballot initiative to protect thousands of tenants in that city from

facing unfair evictions.

We urge the Task Force to recommend not just increased legal representation for low-income clients

facing eviction, but the guarantee of legal counsel.

Barring Problematic Landlords from Renting

After the gavel has fallen, many tenants have judgments entered against them. Money judgments for

non-payment of rent may destroy a tenant’s credit record. A landlord’s mere act of filing for eviction

marks the defendant tenant with a scarlet letter that potential future landlords may decide bars the

tenant from renting.

Landlords who lose in court due to their breaches of a lease or habitability issues do not face a similar

stigma. While landlords who have failed to perform Lead Safety Certification or have breach the implied

warranty of habitability may face penalties and money judgments, they continue to be granted

Commercial Activity Licenses, Rental Licenses, and Certificates of Rental Suitability.

We support a system which bars these problematic landlords from receiving any licensure if they have

excessive court judgments entered against them. This approach could help encourage landlords’

compliance with applicable habitability and licensure requirements and protect tenants from landlords

who persist in abusive or illegal practices.

We commend the Task Force for its careful examination of Philadelphia’s eviction crisis and draft

recommendations. We respectfully ask the Task Force to incorporate the additional recommendations

above, as well as those proffered by our sister legal services agencies. With the implementation of

these important and needed reforms, Philadelphia has the opportunity to respond effectively to the

eviction crisis.

Sincerely,

P Michael Jones

Lindsay Schoonmaker

Eviction Task Force Public Feedback

Comments Received by Email

1. I received an email from another Phila. department 1-2 weeks ago that there was another public

meeting on May 8th on eviction. I realized last week that there are 2 departments/ organizations

that I believe would have been beneficial and should have been included on the board of 20

members.

The Phila. Fire dept. (fire code unit) first hand sees some of the conditions of the buildings that the

tenants have to live in even after reporting to L and I. The Phila. fire dept. has seen what happens

when those violations are not resolved or ignored, incorrectly complied, or not taken to court by L

and I. The Phila. Fire dept does not financially benefit from compiling violations and releasing $1000

permits to conditions that have not been repaired, unlike the L and I dept.

The Fair Housing Rights Center should have been included in this task force. This center is in direct

contact and communication with tenants and the struggles that they face. It would be nice if one of

the heads of the task force could reach out to them for their input and see if they would be able to

contribute to remedy and attend the public Hearing May 8, 2018.

The Fair Housing Rights Center should have been including in the list of community organization on

the April 2018 draft.

Thank you.

Monique Taylor

2. Hi,

I'm a West Philly resident and landlord with a triplex. I support the Good Cause legislation. Tenants

deserve quality affordable housing. Philadelphia has too many slumlords making super profits.

Aaron Kreider

3. Pertinent and imminently required is not only the intervention of Municipal government but Federal

government as well.

Smith, T. Ms.

*PS. Below the line you will find an excerpt of a past correspondence which I personally wrote and

sent to HUD hierarchy which matter of grievance I address with detailed articulation, the same

which has gone underrated along with the others I submitted to both municipal and federal

representatives spanning almost 10 (ten) years, this also includes more recent events.

Hence the unbridled actions and behavior of both HUD and PHA warrants that I yet again confront

the manifold issues of abuse of power which leads to unjust evictions and the violation of critical

safety guidelines that my household has experienced year after year.

Defined, this circumstance amongst various other terms is abuse of power (cultural corruption

within the housing agencies), ineptitude and gross negligence on the part of both housing entities

and the role which both HUD and PHA have to each other.

4. Hello,

My name is Klyde Breitton and I am writing to provide feedback for the Mayor's Taskforce on

Eviction Prevention and Response.

I support Recommendation 11 from the Eviction Taskforce's Draft Report.

11. City Council should pass Good Cause Eviction legislation. Good Cause evictions require landlords

to provide a just or good reason prior to evicting tenants. This legislation would seek to stop

evictions due to reasons of discrimination and retaliation.

I specifically support Philadelphia City Council Bill #170854 sponsored by Curtis Jones as introduced

which requires that no landlord, upon expiration of a lease, shall issue an eviction without good

cause.

As a resident of Philadelphia, I am concerned about gentrification and displacement of long time

residents. Mass evictions like, Penn Wynn, Dorset Court, and Admiral Court are becoming the norm.

Still, the 24,000 entered evictions and 10,000 households successfully evicted are too many. Tenants

are at a disadvantage in almost all informal or formal evictions and the Taskforce should

recommend a policy that provides tenants a fair chance in landlord-tenant disputes. For these

reasons, the Eviction Taskforce should recommend Good Cause eviction protections.

Thank you for the opportunity to comment.

Sincerely,

Klyde Breitton

5. Hello,

My name is Rachel Abbott and I am writing to provide feedback for the Mayor's Taskforce on








cause.








Sincerely,

Rachel Abbott

6. Hi there,

I'm writing to express my support for Recommendation 11 from the Eviction Taskforce's Draft

Report.






cause.

I am very disappointed that HAPCO has questioned the recommendations of a task force it sits on.

Tenants are at a disadvantage in almost all informal or formal evictions and the Taskforce should



Sincerely,

David Thompson

7. Hello, my name is Joan Vieldhouse and I am writing to provide feed back for the Mayor's Task Force

on Evictions Prevention and Response.


11. City council should pass Good Cause Legislation. Good cause evictions require landlords to

provide a just or good reason prior to evicting tenants. This legislation would seek to stop evictions

due to reasons of discrimination and retaliation.

I specifically support Philadelphia Council Bill #170854 sponsored by Curtis Jones as introduced

which requires that no landlord, upon expiration of lease, shall issue an eviction without good cause.

Why? Well, because I am one of the folk who recently went through erroneous court filing for

eviction. It did not matter that I have lived in my home for 4 years and never missed a rent

payment. As it stands now, a landlord can lie and falsify court documents to gain the eviction and

writ of possession. Myself and my pregnant daughter were forced to move and pay 3 months rent

to be able to move as well as pay the current rent. Housing is a basic human need and right. This

has caused a tremendous financial hardship on me. My daughter who was at risk of preterm

delivery, did just that.

As a resident of Philadelphia, I am concerned about gentrification and displacement of long term

residents. Mass Evictions such as Penn Wynn, Dorset Court and Admiral Court have become the

norm in this city. Still, of the 24,000 evictions and 10,000 households successfully evicted are too

many. Tenants are always at a disadvantage in most informal and formal evictions and the Task

force should recommend a policy that provides tenants a fair chance in landlord tenant disputes.

For these reasons, the Eviction Task Force should recommend Good Cause Eviction protections.

Sincerely,

Joan Vieldhouse

8. Hello. My name is Steven DeLucry. I am writing to provide feedback for the Mayor's Taskforce on



"11. City Council should pass Good Cause Eviction legislation. Good Cause evictions require landlords


evictions due to reasons of discrimination and retaliation."

I specifically support Philadelphia City Council Bill #170854, sponsored by Curtis Jones, as

introduced, which requires that no landlord, upon expiration of a lease, shall issue an eviction

without good cause.

Meeting and speaking with tenants all across the city, I've noticed common feelings of vulnerability,

frustration, fear, and insecurity. A healthy and happy life is dependent, among other things, upon a

person's access to shelter and a supportive community. The eviction crisis in Philadelphia is stripping

the most vulnerable and impoverished among us of both of these necessities. How can someone

hope to build meaningful connections with their neighbors when gentrification is actively breaking

communities apart, with some neighborhoods seeing as much as 20% of their residents evicted over

the course of a year?

Landlords should and will be held accountable for the livelihood of their tenants. The responsibility

for lives shattered by unjust evictions, for the dangers faced by the newly homeless, lies solely on

the heads of landlords. Housing is a human right.


Sincerely,

Steven DeLucry

9. Hi, I'm Madeline Moran and I'm writing to provide feedback for the Mayor's Taskforce on Eviction

Prevention and Response.







cause.

I have been a witness to gentrification and the displacement of long term residents in Philadelphia. I

have seen mass evictions where entire buildings are displaced, and repeatedly individual tenants

being kicked out of properties they have lived in simply because the landlord wants to rent to

someone with more wealth. Additionally, people are often evicted for even worse reasons -- those

evicted are disproportionately black (even accounting for income) and disproportionately mothers

of children.

Tenants rarely can fight these landlord-tenant disputes. Appearing in court and gaining access to

legal representation can be difficult, and even if this happens the answer is so commonly that it is

the landlord's right to evict whoever they want on the end of a lease. With increasing frequency of

month-to-month leases, this means people are only living with constant instability, unsure if they

will be able to remain in their homes through the next month. We absolutely need Good Cause.


Sincerely,

Madeline Moran

10. Hello,

My name is Kiera Patton and I am writing to provide feedback for the Mayor's Taskforce on Eviction

Prevention and Response.







cause.








Sincerely,

Kiera Patton

11. Hello

My name is Joseph Qualtieri and I am writing to provide feedback for the Mayor's Taskforce on








cause.








Sincerely,

Joseph Qualtieri

12. Hello

My name is Sterling Johnson and program manager for Mental Health Partnerships and I am writing

to provide feedback for the Mayor's Taskforce on Eviction Prevention and Response.







cause.







Additionally, I care deeply about the effect evictions have on homelessness and breaking apart

families in our city. Please take that into account when making these recommendations.

Thank you for the opportunity to comment and I want to thank all of the members of the Eviction

Taskforce for their service.

Sincerely,

Sterling Johnson

13. Hi

Below are some additional due process recommendations developed by Karla Cruel, an attorney in

my office who is a Court Room Navigator and sees many of these problems first hand. We realize

that these recommendations will require court action. You can reach her or myself with any

questions.

Additional Legal Process & Policies Recommendations

1. Require that any notice to vacate expire before an eviction action can be filed. 2. In a default judgement case, no money judgment should be allowed where the only service has

been posting. (Other jurisdictions do this.)

3. A “judgment by agreement” or default judgment should only be entered after a hearing before a judge in which the landlord presents a prima facie case.

4. Judgments by Agreement should only be entered after a court determines that they are consistent with public policy (e.g. no open violations on the property).

5. Eviction records should be sealed and only available to the public where an Alias Writ has been served.

6. An eviction hearing should not be scheduled for a date that is less than 14 days after service of the complaint.

Phil Lord

City of Philadelphia Task Force on Eviction Prevention and ... 8 Materials.pdf · The Housing...

Documents

Transcript of City of Philadelphia Task Force on Eviction Prevention and ... 8 Materials.pdf · The Housing...