Rental Housing Permit Suspension

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This is a summary of the Rental Housing Permit suspension procedures and is not intended to be a complete representation of the rental housing permit suspension process. Persons interested in the entire ordinance that has the permit suspension information may click here.

Person-in-Charge (PIC) Requirements

 

  • All owners of residential rental properties shall designate a Person-In-Charge for each of their residential properties.
  • The Person-In-Charge must live within 25 air miles of State College and other than the property owner, must be at least 25 years of age.
  • The Centre Region Code Administration shall be notified of any changes to the Person-In-Charge and ownership within 3 days.
  • The Person-In-Charge shall maintain the property in compliance with applicable occupancy limits.
  • The Person-In-Charge shall provide tenants with written information of local ordinances and the appropriate Borough agency to contact if there are unresolved problems.
  • A signed copy of all tenant notifications shall be maintained by the Person-In-Charge.
  • The Person-In-Charge shall notify the property owner of any and all violations. 

Rental Permit Suspension Process

 

  • Violations at a property are recorded and then tracked for a floating 12-month period
  • Each violation that occurs is assigned a point value from 1 to 3 points
  • Maximum number of points that can accumulate against a property in a 24-hour period is 3 points
  • When 5 or more points accumulate, a problem property notice is sent to the property owner and PIC
  • A corrective action plan is requested in the notice
  • The property owner shall schedule a meeting with the appropriate Borough official within 15 calendar days of the issuance of the notice and submit a draft corrective action plan within 30 calendar days of the issuance of the notice. 
  • When 10 or more points accumulate, a permit suspension notice is sent and the permit suspension process is initiated
  • Appeal of Suspension Notice
  • Submit in writing within 15 days of notice
  • First level:  Borough Manager
  • Second level:  Rental Housing Revocation Board
  • Final level:  Court of Common Pleas
  • Defense – eviction of culpable tenants
  • Violations resulting from property owner/manager/tenant requests for assistance will NOT count against the property 
  • Self-reported complaints for refuse accumulation, grass and weeds, and snow and ice obstructed sidewalks shall not be used as an expectation or opportunity to avoid nuisance property points from being assigned to a property
  • First suspension – 6 months
  • Subsequent suspensions occurring within 5 years of the first suspension – 12 months
  • Permit suspension commences on 1st day following expiration of current lease(s) provided lease isn’t longer than 1 year
  • If the lease is longer or if there is no lease, then permit suspension begins on the 1st day following the annual permit renewal date
  • If more points accumulate at a property during a suspension, the suspension may be extended for an additional 6 months


Violations assigned One Point


  • Refuse 
  • Grass and weeds not to exceed 6 inches in height
  • Failure to remove ice and snow from public sidewalks
  • Building Safety & Property Maintenance Code 
  • Dog related property violations
  • Roof Occupancy
  • Interior Furniture on the Exterior of the Property
  • Failure to Submit a Corrective Action Plan at 5 Assigned Points when Required

Violations assigned Two Points


  • Disorderly conduct including noise
  • Noise Control Ordinance
  • Alcohol (other than furnishing to a minor)
  • Drugs
  • Simple assault
  • Harassment
  • Fire Safety Requirements as listed in the Building Safety & Property Maintenance Code
  • Open lewdness
  • Indecent exposure

Violations assigned Three Points


  • Furnishing alcohol to a minor
  • Aggravated assault
  • Statutory sexual assault
  • Involuntary deviate sexual intercourse
  • Sexual assault
  • Rape
  • Aggravated indecent assault
  • Possession with intent to deliver controlled substances or look-a-like substances

Appeal Process



  • Property owners may submit an appeal of the suspension notice in writing within 15 days of notice.
    • First level of appeal: Borough Manager
      • The Borough Manager is empowered to take the following actions:
        • Overturn the suspension upon a finding that proper procedure was not followed or that the available evidence does not support suspension;
        • Enter into a consent agreement with the landlord and stay the effective dates of the suspension;
        • Stay or terminate the suspension after the landlord has provided written evidence of the initiation of eviction proceedings against culpable tenants;
        • Sustain the suspension.
    • Second level of appeal: Rental Housing Revocation Board
    • Final level of appeal: Court of Common Pleas

Zoning Requirements


  • Effective June 1, 2010, violations of the Zoning Ordinance for exceeding occupancy limits or Student Home restrictions are subject to stricter permit suspension requirements.
  • Any unauthorized student rental or over occupied rental housing shall result in a suspension whenever 2 or more offenses occur in any 4-year period.
  • Upon the first offense, a notice will be sent to the property owner notifying them of the offense, and any subsequent offenses within a 4-year period will result in the suspension of the rental housing permit.

NOTE: This is a summary of the Nuisance Property Ordinance procedures and is not intended to be a complete representation of the ordinance.  

For more information regarding the Building Safety and Property Maintenance Code, the full document is available at 
http://www.crcog.net/codes. 

Questions regarding the ordinance may be directed to the State College Borough, Neighborhood and Community Services Department by calling 814-234-7191 or by emailing healthdept@statecollegepa.us. 



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