A.
No owner, landlord, agent or person found to be in violation of this
part may evict, or cause to be evicted, from any apartment or building,
occupants for the purpose of avoiding corrective maintenance which
may have been ordered by the City or a court of law.
B.
In the event the dwelling or dwelling unit or premises in which a
lead hazard is found is vacated by the occupant voluntarily, who occupied
it at the time of the issuance of a corrective notice, such dwelling,
dwelling unit or premises shall not be let or occupied by any other
person until corrective measures have been taken to bring it into
compliance.
C.
Temporary relocation.
(1)
When a lead risk assessor determines that pregnant women and children
six years of age and under are present and cannot safely remain in
the dwelling while the abatement or remediation efforts are being
undertaken, the property owner shall be responsible for the following:
(a)
If the tenants noted herein are required to leave the dwelling
for more than 10 hours while treatments are performed, the property
owner must pay for reasonable expenses for overnight housing and meals
for the duration of the remediation process. Payment must be made
by the property owner immediately, to include the following temporary
relocation costs:
(b)
If the temporary relocation accommodations are rental dwellings
in targeted housing, the owner must provide the tenant and City with
a valid copy of a lead-safe certificate.
(2)
Temporary relocation is not to last for more than 30 days unless
agreed to by both the landlord and the tenant.
(3)
If furnishings and personal belongings were relocated to another
address as part of the remediation efforts, it shall be the landlord's
or property owner's responsibility to pay for moving them back
into the remediated unit, unless agreed to by both the landlord and
the tenant.
(4)
The landlord or property owner shall be responsible for relocation
expenses as noted above, plus any fine amounts which accumulate through
legal action taken by the City for failure to correct an unsafe property
condition.
(5)
Tenant remedies.
(a)
For any residential rental property for which the Health Officer
has issued an order of removal in accordance with the provisions of
this chapter:
[1]
The landlord will be responsible for covering the cost of housing
the child and one parent or guardian in a dwelling that is lead-safe
until the order of removal is lifted.
[2]
The tenant shall be entitled to abate rent payment(s) until
such time that the dwelling or dwelling unit has been certified as
lead-safe as determined by this chapter. Once a dwelling or dwelling
unit has been certified as lead-safe, the tenant will be responsible
for paying the balance of the rent for the month in which the property
is found to be lead-safe, and all future rent. If the owner is otherwise
in compliance with this chapter as determined by the City of Lancaster,
and there is a delay in attaining the lead-safe certification caused
by licensed lead abatement company availability, the tenant shall
be responsible for resuming all other rent payments after the first
month that rent was abated.
[3]
The tenant shall be entitled to terminate the lease by giving
notice to the owner or its designated responsible agent within 30
days of receiving notice of a child's elevated blood level, and
the tenant shall be entitled to receive his/her security deposit refunded
at the time he/she vacates the property. The tenant must vacate the
property no later than one month following notification of the child's
elevated blood level test.
[4]
Tenants are required to cooperate with the owner, all City departments,
and all other contractors associated with the owner's actions
to obtain the lead-safe certification. An owner may seek to collect
any rent that is abated by the tenant based on the tenant noncooperation.
Noncooperation shall include failure to be present for inspections
and repairs when notified, and without good cause and failure to permit
City inspectors and health officials into a unit for inspections.
(b)
Nothing in this subsection shall preclude the tenant from exercising
any other rights he/she may have under law.
(6)
Retaliatory eviction.
(a)
The owner of an affected property covered by this chapter may
not illegally evict or take any other retaliatory action against a
tenant as a result of the tenant providing information to the owner,
or the owner's responsible agent, or the City in accordance with
this chapter; i.e., complaining about hazardous lead paint conditions
or chipping, peeling, or flaking paint in targeted housing. Prohibited
retaliatory actions include: arbitrary refusal to renew a lease; termination
of tenancy; arbitrary rent increase or decrease in service to which
a tenant is entitled; or any type of constructive eviction.
(b)
A tenant subjected to a retaliatory eviction or other prohibited
retaliatory action by a landlord is permitted relief and is entitled
to reasonable attorney's fees and costs, as allowed under Pennsylvania
law. This subsection does not affect the owner's or the tenant's
rights arising from a material breach of a lease.
