Erie, PA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing ordinance
- Ord. No. 66-2023, passed 10-18-2023
- Habitability covers
- Plumbing, electrical, heat, structure, mold/vermin
- Landlord duty
- Maintain habitability for full lease term
- Penalty
- $100-$1,000 fine per offense
- Tenant inspection right
- Can request City code inspection
Summary
Erie's Rental Housing Ordinance defines 'habitability' and makes it a landlord's legal duty. Article 354 requires working plumbing, sewage, electrical and heating systems, and a home free of structural defects, mold, lead hazards and vermin, throughout the lease, backed by fines up to $1,000 per offense.
HABITABILITY — Housing that includes functional plumbing and sewage systems that are free from leaks or clogs, reliable electrical systems that meet safety requirements, and heating systems capable of maintaining safe and adequate indoor temperatures. Housing must also be structurally sound, with intact floors, walls, roofs, and ceiling, and must remain free from hazards such as mold, lead-based hazards, and vermin infestations. ... Right to safe and sanitary housing. A. Tenants are entitled to housing that meets basic health and safety standards as defined under "habitability" per the Pennsylvania Uniform Construction Code and/or any other applicable federal, state and/or local laws. B. Landlords are required to maintain habitability throughout the duration of the lease and failure to maintain these standards may result in legal or administrative enforcement actions as outlined by this ordinance.
Full Breakdown
Erie's City of Erie Rental Housing Ordinance, adopted by Ordinance No. 66-2023 on October 18, 2023, defines habitability in § 354.04 and turns it into an enforceable landlord obligation in § 354.05(a)(1). The definition is specific: a habitable unit needs functional plumbing and sewage systems free of leaks or clogs, a reliable and safety-compliant electrical system, and heating capable of maintaining safe indoor temperatures. The structure itself must be sound, meaning intact floors, walls, roofs and ceilings, and the unit must stay free of mold, lead-based hazards and vermin infestations.
Section 354.05(a)(1) folds that definition into the Tenant Bill of Rights: tenants are entitled to housing meeting these standards as defined under 'habitability' per the Pennsylvania Uniform Construction Code and any other applicable law, and landlords are required to maintain habitability throughout the duration of the lease. A landlord who lets conditions slip faces legal or administrative enforcement action, which includes referral to the City's Code Official for a formal Notice of Violation.
Tenants also gain procedural leverage: § 354.05(a)(7) gives them the right to request a City code inspection to confirm whether a landlord's repair actually cures a habitability problem, and § 354.12 bars a landlord from terminating or rewriting a lease specifically to recover the cost of correcting a cited Code violation. Article 354's general penalty clause, § 354.99, sets the enforcement backstop: any landlord who violates any provision of the article is fined not less than $100 nor more than $1,000 for each offense, a penalty that runs independent of any separate remedy a tenant pursues in court.
Violations & Fines
A landlord who lets a unit fall below the § 354.04 habitability standard, such as broken plumbing, unsafe wiring, inadequate heat, or a mold or vermin infestation, and fails to cure it after a Notice of Violation, violates Article 354. Section 354.99 sets the fine at not less than $100 nor more than $1,000 per offense, on top of any separate tenant remedy in law or equity.
Frequently Asked Questions
What counts as 'habitable' housing under Erie's rental ordinance?
Can my landlord be fined for an uninhabitable rental in Erie?
Can I ask the City to inspect my apartment for habitability problems?
Can my landlord raise my rent to pay for required repairs?
Sources & Official References
Other rules in Erie
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