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.

Outline of Rental Permit Requirements

  • All rental properties including fraternities must have a person-in-charge.
  • Person-in-charge must live within 25 air miles of State College and other than the property owner, must be at least 25 years old.
  • The Code Office shall be notified of any changes to the person-in-charge and ownership.
  • Person-in-charge is responsible for notifying property owner of violations, complying with applicable occupancy limits, notifying tenants of local ordinances and the appropriate Borough agency to contact if there are unresolved problems.
  • To protect the quality of life in Borough neighborhoods the Borough has adopted a Nuisance Property Ordinance, Violations of Borough laws and ordinances are assigned points based on severity of the nuisance based on quality of life indicators.

Nuisance Property Ordinance Point System

Rental Permit Suspension Process

  • When 5 or more points accumulate, a notice of violation is sent to the property owner.
    • A correction plan is requested in the notice.
    • The property owner also has the option to request an informal meeting with the Director of the Planning Department.
  • When 10 or more points accumulate, a permit suspension notice is sent and the permit suspension process is initiated.
  • Violations resulting from property owner/manager/tenant requests for assistance will NOT count against the property. Property owners are encouraged to self-report violations of Borough laws and ordinances perpetrated by their tenants.
  • First suspension - 6 months.
  • Second and subsequent suspensions - 1 year.
  • Permit suspension commences on 1st day following expiration of current lease(s) provided lease isn't longer than 1 year.
  • If lease is longer than 1 year or 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 up to an additional year.

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

New in 2010

  • 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 of the offense and that any subsequent offenses within a 4 year period will result in suspension of the rental housing permit

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