[HISTORY: Adopted by the Township Council of the Township
of Upper Darby as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-18-1977 by Ord. No. 2528]
Notwithstanding any other provision of law or of any agreement,
whether oral or in writing, whenever the Department of Licenses and
Inspections or the Department of Public Health of Upper Darby Township
certifies a dwelling as unfit for human habitation, the duty of any
tenant of such dwelling to pay and the right of the landlord to collect
rent shall be suspended without affecting any other terms or conditions
of the landlord-tenant relationship, until the dwelling is certified
as fit for human habitation or until the tenancy is terminated for
any reason other than nonpayment of rent. During any period when the
duty to pay rent is suspended, and the tenant continues to occupy
the dwelling, the rent withheld shall be deposited by the tenant in
an escrow account in a bank or trust company approved by the Township
and shall be paid to the landlord when the dwelling is certified as
fit for human habitation at any time within six months from the date
on which the dwelling was certified as unfit for human habitation.
If at the end of six months after the certification of a dwelling
as unfit for human habitation such dwelling has not been certified
as fit for human habitation, any moneys deposited in escrow on account
of continued occupancy shall be payable to the depositor, except that
any funds deposited in escrow may be used for the purpose of making
such dwelling fit for human habitation and for the payment of utility
services for which the landlord is obligated but which he refuses
or is unable to pay. No tenant shall be evicted for any reason whatsoever
while rent is deposited in escrow.
