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File #: 2021-2060    Version: 1
Type: Ordinance Status: Passed Finally
File created: 10/15/2021 In control: Committee on Land Use and Economic Development
On agenda: 10/19/2021 Final action: 11/1/2021
Enactment date: 11/1/2021 Enactment #: 42
Effective date: 11/8/2021    
Title: Ordinance amending the Pittsburgh Code, Title Seven: Business Licensing, Article X: Rental of Residential Housing, Chapter 781: Residential Housing Rental Permit Program to change the fee for rental permit registration so as to reflect current practices in accordance with Chapter 170: Fees.
Indexes: PGH. CODE ORDINANCES TITLE 07 - BUSINESS LICENSING
Attachments: 1. 2021-2060 Rental Registration Ordinance Mayor Letter, 2. 2021-2060 Rental Registration Ordinance FIS

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Ordinance amending the Pittsburgh Code, Title Seven: Business Licensing, Article X: Rental of Residential Housing, Chapter 781: Residential Housing Rental Permit Program to change the fee for rental permit registration so as to reflect current practices in accordance with Chapter 170: Fees.

 

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WHEREAS, pursuant City Code Section 781.06, the City’s Rental Registration Ordinance (the “Ordinance”) “shall take effect on the one hundred eightieth (180th) calendar day following the posting of the regulations by the Department of Permits, Licenses, and Inspections; and

 

WHEREAS, pursuant to recent court order under Landlord Services Bureau, Inc., et al., vs. City of Pittsburgh, No. GD 15-023074 (Pa. Ct. Comm. Pls. July 20, 2021), the City of Pittsburgh (“City”) is currently restrained from enforcement of the Ordinance until it provides for a “fee that is fair, reasonable, and not grossly disproportionate to the cost of maintaining the program.”   and

 

WHEREAS, the City as a matter of law and procedure currently sets rates for fees pursuant to a fee book annually approved by the Council of the City of Pittsburgh, pursuant to Chapter 170 of the City Code, and

 

WHEREAS, the City has gradually phased out the placement of specific fee amounts in the City Code, electing to place such information in the City’s fee book; and

 

WHEREAS, the City wishes to remove the existing specific fee from the Chapter 781 and indicate, consistent with the Code generally, that the fee shall appear in the City’s fee book pursuant to Chapter 170, and

 

WHEREAS, subject to applicable law, any fees under Chapter 781 shall be made effective pursuant to City Code Chapter 170 and Council’s annual approval of the fee book in which such specific shall fees appear; and

 

WHEREAS, when legislation for the rental registration fee is presented for inclusion in the 2022 annual fee book, it is recognized that it must comply with the aforementioned court order.

 

 

The Council of the City of Pittsburgh hereby enacts as follows:

 

Section 1. The Pittsburgh Code Title Seven: Business Licensing, Article X: Rental of Residential Housing, Chapter 781: Residential Housing Rental Permit Program, Section 781.05 Fees is hereby amended as follows:

§ 781.05 FEES.

(a)                     In accordance with Chapter 170 of the City Code, t[T]he City Council shall establish an appropriate fee for rental permit registration and may review and increase such fees on an annual basis.

(b)                     Fee schedule:

(i)                     Annual rental registration permit fee shall be set annually in accordance with Chapter 170 of the City. [be as follows:

sixty-five dollars ($65.00) per unit for parcels that house ten (10) or fewer units; fifty-five dollars ($55.00) per unit for parcels that house between eleven (11) and one hundred (100) units; and forty-five dollars ($45.00) per unit for parcels that house more than one hundred (100) units (plus applicable charges).]

(ii)                     Three (3) years after this law is initially implemented:

1.                     Any unit that has passed its inspection shall be eligible to renew their Rental Registration Permit at half of the normally applicable fee. In addition, said units shall only be required to be inspected once every five (5) years, other sections of this law notwithstanding.

2.                     Any unit that has not passed its inspection shall be inspected at the discretion of the Department of Permits, Licenses, and Inspections until such time that it does pass an inspection.

(iii)                     Affordable Housing Properties shall be exempt from the Annual Rental Registration Permit Fee.