Lisa Burns, Law & Public Policy Scholar, JD Candidate May 2018
In 1893, the great American journalist Talcott Williams lauded the promise of Philadelphia, which he called “not a city of palaces for the few, but homes for the many.” Williams’s egalitarian vision of the city was based on the iconic Philadelphia row houses that allowed workers of all classes to own their own homes inside the city limits. The possibility of middle- and working-class individuals’ homeownership in one of the nation’s preeminent cities remains just as alluring over 100 years later.
Yet the reality of homeownership is still out of reach for many residents, particularly given that Philadelphia has the highest poverty rate among America’s top ten most populous cities. Currently, about a third of Philadelphia residents rent their homes. The demographics of renters reflect those of the city as a whole: increasing numbers of young people and families, as well as older residents and those living on a low or fixed income. In order to fulfill its promise to all, renewed development in Philadelphia must be accompanied by protections for the city’s most vulnerable. Just cause eviction protections are important steps towards cementing Philadelphia as the city of homes for the many. Therefore, Philadelphia City Council must pass Good Cause Bill No. 170854.
Just cause eviction laws require landlords to assert some good cause, such as a failure to pay rent or a violation of the terms of the lease, in order to evict tenants. Variations on just-cause eviction laws have been implemented across the country, in cities from Los Angeles to Chicago and in states such as New Jersey. The Good Cause Bill, which provides just cause eviction protections to Philadelphia renters, was introduced by Councilmembers Jones, Gym, and Parker on October 5th and is currently pending in committee. This Bill would require landlords to give notice and good cause to tenants they wish to evict, and allows existing tenants first option to renew the lease.
“Good cause” is defined in City Council’s Bill as the failure to comply with a material provision of the lease or other reasonable rules for use of the property set by the landlord. Under this Bill, proposed rent increases do not constitute good cause without proper notification and option for the existing tenant. Importantly, the bill requires 30-day notice of eviction to allow tenants the opportunity to challenge a landlord’s assertion of just cause before the Philadelphia Fair Housing Commission.
The Bill in its current form is an important foundational protection, but it is missing vital safeguards for certain segments of society. When considering long-term renters, it is important to acknowledge the elderly and disabled and their caretakers, as well as others who live on a low or fixed income. Therefore, just cause eviction protections should be crafted with these populations in mind.
For example, City Council should amend Bill No. 170584 to provide protections to surviving tenants. A surviving tenant in need of protection is someone who is not listed on the lease, but has lived in the property for at least a year. These surviving tenants should be given the ability to remain in the property by receiving first option to sign onto the lease if the original tenant vacates the property due to death or illness. The last thing an elderly widow needs after the death of her partner is concerns about homelessness. This amendment would provide the elderly and people living with disabilities an extra measure of security against sudden evictions.
In addition, the Bill should specify that tenants who require live-in home health aides will not have these aides treated as guests in violation of the lease as long as they notify their landlord of the aide’s presence. Without this protection, it would be possible for a landlord to claim that the just cause for an eviction is the presence of a necessary home health aide in violation of lease guest policies. Philadelphia must support the needs of all its residents, especially their right to critical healthcare. A provision explicitly protecting the rights of tenants who require home health aides is an important step in supporting the aging and disabled populations of the city.
Finally, the Bill should provide a private right of action for tenants who are evicted because the owner wants to sell the property, but does not follow through with the sale. This provision would act as an enforcement mechanism so that landlords do not evict tenants under false pretenses in order to evade the just cause law. Although landlord-owners should undoubtedly have the right to sell their properties for profit, they should not use that ability to infringe upon the basic rights of their lease-abiding tenants. Giving tenants a private right of action to enforce the law would create a measure of equilibrium in the power imbalance between landlords and tenants.
Philadelphia is at a critical moment in its history. As the city races towards revitalization, attracting more residents and new construction, the rights of renters must be at the forefront of City Council’s agenda. Runaway development at the expense of the city’s most vulnerable would be a shameful way to dishonor the legacy that Williams so perceptively catalogued over 100 years ago. Just cause eviction protections must be made law in Philadelphia.