Maintaining Your Rental Property Part 1

An Overview of the Local Laws that Apply to Rental Properties

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Welcome

• Centre Region Council of Governments

– Exits – Rest Rooms

• Introduction of Staff

Today’s Presentation

• COG Regional Refuse and Recycling Program

• Fair Housing Laws

• Zoning – State College Borough

• State College Department of Ordinance Enforcement and Public Health

• COG Code Administration

Centre Region Code Administration

• About

• History of Rental Inspections

• COG

Codes in the Centre Region

• What are Codes and Standards

• How Codes are adopted? – PA Uniform Construction Code – Centre Region Building Safety and Property

Maintenance Code

2009 Int’l Property Maintenance Code

• Locally amended and adopted as the “Centre Region Building Safety and Property

Maintenance Code, 2010 edition”

• Document is available on-line or for purchase • Updated as necessary based on local needs

This code applies to:

• All existing residential structures

• All existing nonresidential structures

• All new structures that will be utilized as

rental properties

Establishes Minimum Standards

• Light • Ventilation • Heating • Space • Sanitation • Safety from fire and other hazards

Owner-occupied homes are exempt from most sections…

…Except

• Unsafe structures and equipment • Exterior structure and property areas • Outdoor swimming pools, hot tubs, and spas • Fire code provisions • Wells and boreholes

Repairs, maintenance work, alterations or installations must be…

…executed and installed in a workmanlike manner

Repairs, maintenance work, alterations or installations shall be…

…executed and installed in a workmanlike manner

Repairs, maintenance work, alterations or installations shall be…

installed in accordance with the manufacturer’s installation instructions

Housing Permits Required

• No person, firm or corporation shall operate or rent to another, or provide for residential occupancy for ___ or more days, with or without compensation, any dwelling unit or rooming unit until a housing permit has been issued by the code official.

• Where do you begin?

Housing Permit Application Process

• The procedure is the same for a new rental permit or changing information on an existing permit

• When buying an existing rental property you want to determine if there is a Rental Permit before you buy. – Occupancy of a rental property without a

Rental Permit is prohibited.

Scheduling of Inspections

• New Rental Inspections will be scheduled by phone or e-mail when possible, after the application is approved by zoning

• Change of Ownership will generate an inspection if the last inspection was 2 or more years since the last inspection, and these notices will be sent by mail

• All inspections are scheduled with the Owner or the PIC.

After the Inspection • After the final inspection and all corrections

have been completed, the permit can be issued

– An invoice will be mailed to the Billing or Property Manager indicated on the application.

– The permit will only be issued after payment is received in full.

– The permit is valid for one year

Accelerated Inspections

• An optional inspection process when the property needs inspected prior to closing or as part of a contingency agreement – For new or existing rentals

• Only conducted with written permission of the owner

• This is only the rental inspection, and the rental application process must be followed

Accelerated Inspections

• The fee for the inspection is $150 and includes: – Inspection – One reinspection – First years COG rental fee

• Inspection is conducted within five days of

receipt of the application and inspection fee.

Accelerated Inspections

• Results of the inspection are only valid for 90 days unless a Rental Application is received prior to this time

• Tenants may not occupy the dwelling until the Rental Permit is issued

Transfer of Ownership

• It is unlawful for the owner to sell, transfer, mortgage, lease or otherwise dispose of such property with outstanding violations

• What options do you have?

Housing Permits

• Must be renewed annually

• Become null and void upon the failure to submit the required annual rental housing fee

• Permits are transferable upon the change of ownership

Inspection Frequency

• All rental properties are inspected every three years, except for the following: – Complaint based – The property becomes a nuisance under the

provisions of Section 805 or 806 of this code – Fraternity or sorority houses are inspected

semi-annually – Annual inspections may be required if the property

fails to receive a satisfactory tri-annual inspection

Inspection Frequency

• Annual inspections are required when… …a property receives 3 or more life safety violations per inspection

Or,

…a property receives 6 or more property maintenance violations per inspection

No-Show and Reinspection Fees

• $75 may be issued for missing a scheduled inspection

• $45 may be issued for the first missed reinspection or failure to complete the required corrections

• $75 fee may be issued for all further reinspections

Unsafe Condition Violations

• Blocked or obstructed egress • Tampering with life safety equipment • Unsanitary conditions • Fire protection systems not maintained or

inspected as required

• Fines range from $150 to $1,000

Unsafe Condition Violations

Assigning Responsibility

• Violations occurring within a bedroom will be assigned to the occupant(s) of that room

• Violations that occur within shared spaces of the dwelling unit will be assigned to all tenants

• If the owner cannot provide the code official with tenant information, then the owner will be issued the violation and the fine

Assigning Responsibility

• Violations occurring within individual dwelling units in a multi-family building shall be assigned to the tenants of that specific unit

• Violations occurring in common areas of multi-family buildings shall be assigned to the owner of the property

Questions?

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