No person, firm, or corporation shall operate or rent to another,
or provide for residential occupancy with compensation,
any dwelling unit or rooming unit until successfully licensing the rental property as follows:
1.
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One- and two-family dwellings and townhouses, which are offered
for rent or lease as a living facility for a minimum of 6 months.
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2.
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Apartments and other applicable residential occupancies which
are offered for rent or lease as a living facility for one or more
consecutive days with compensation. Hotels, motels, convents, monasteries,
dormitories, fraternities, sororities, and occupancy types at assisted living facilities are excluded from the provisions
of rental housing and rental housing licensing.
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Lodging Homes/Bed and Breakfasts are required to license their
property in accordance with this section prior to occupancy
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802.1.1 Licensing Exemptions:
1. Post-settlement occupancy. When as part of a property sales
agreement, the owner of an owner-occupied single-family
residential property negotiates a post-settlement agreement to stay
in the property after the transfer of ownership to the purchaser,
for a maximum of 180 days, the property is not required to have a
rental housing license.
2. Subsidized rental unit exemption. Dwelling units that receive federal, state or county funding and receive an annual
inspection through that funding program are exempt from the rental
housing licensing and inspection program. Evidence of registration
and inspection is needed to receive this exemption.
3. Licensed facilities. Residential group home and health-care
facilities in possession of a current license issued by the Commonwealth
of Pennsylvania shall be exempt from the rental housing licensing
and inspection program.
4. Accessory dwelling units. Approval for accessory dwelling
units is to be obtained from the Planning and Zoning Department.
5. Family members. The owner of a single-family
residential property does not require a rental housing license for
adult individuals related by blood, marriage, or adoption to reside
in the owner's dwelling, or a portion thereof, regardless
of compensation.
802.1.2 Occupancy prior to licensing.
Occupancy of any rental property prior to licensure
is a violation of this code.
Within 120 days after the effective date of this Ordinance,
the property owner or responsible local agent shall apply for Rental Housing License for each regulated rental
unit or group thereof.
Applications for licenses shall be made to the Manheim Township
Department of Code Compliance on forms furnished by said office. Applications
for rental housing licensing and applications for the renewal of rental
housing licenses shall be filled out completely and accurately including
addresses and telephone numbers for both the owner(s), and responsible local agent. The rental housing
license shall not be issued or renewed if an application does not
contain all required information.
The code official shall approve a Rental Housing
License Application upon proof that all the following requirements
have been satisfied:
1. Zoning
use has been verified and approved as part of application;
2. The
applicant has signed and dated the application acknowledging their
responsibility to provide a fit and habitable rental unit complete
with functional life safety systems;
3. A proper
rental housing licensure fee has been submitted;
4. No
open/outstanding code enforcement cases or open/expired permits exist
for said property.
Rental housing licenses shall be renewed annually, on or before
the license expiration date of each year. Rental housing licenses
shall become null and void upon permittee's failure to submit the
required or proper annual rental housing licensure fee. No reduction
shall be made for fractional yearly licenses.
Once a license has expired a rental housing license must be
obtained prior to renting or offering the unit or structure for rent
in accordance with this code. This unit or structure must comply with
all provisions of this code in accordance with a first-time rental
license application.
Housing licenses shall be transferable upon change of ownership,
providing the permitted use has not changed. The new owner or responsible local agent is required to notify
the Department of Code Compliance upon change of ownership within
15 calendar days of said transfer.
The housing license shall be made available by the owner/operator within 24 hours upon a request by any party or may be displayed.
The issuance of a housing license to an owner/operator shall constitute consent for an inspection. The rental housing license
is and shall remain the property of Manheim Township.
The rental housing registration fee shall be established by
fee resolution. The rental housing registration fee may be amended,
as needed.
A late fee shall be imposed for rental housing license renewals
received after April 1. Rental housing license late fees shall be
established by fee resolution.
If a license renewal is not received by July 1st the license
shall be revoked.
A license or rental unit inspection by itself shall not warrant
that a rental unit is lawful, safe, habitable or in compliance with
all Township Codes and Ordinances.