Philadelphia, PA Rental Property Rules: Repairs & Habitability (2026)

" Subsection (2)(b) makes it unlawful for an owner, landlord or managing agent to threaten or engage in any act or omission that materially interferes with that right, including failing to complete repairs in a reasonably timely manner or failing to follow standards under the Property Maintenance Code, Building Construction and Occupancy Code, Fire Code or Health Code to limit exposure to mold, lead paint, asbestos and similar hazards, or otherwise breaching the implied warranty of habitability. Subsection (2)(c) sets up a rebuttable presumption of breach in court once the Department of Licenses and Inspections issues a notice of violation, the cure date has passed, no appeal is pending, and the defects remain unremedied; a notice finding the unit unfit, unsafe or imminently dangerous entitles the tenant to full rent abatement until repairs are actively underway and interim safety measures are in place.

A landlord can rebut the presumption by showing the tenant blocked access, that the violation did not actually affect habitability, that the tenant caused the defect, or that the defect was fixed and reinspected. Under subsection (4), a tenant has two years to sue and does not need to file a complaint with any agency first; a court finding a violation can order injunctive relief, compensatory damages including overpaid rent and emotional distress, or statutory damages of $1,000 per violation, treble damages for a willful or wanton violation, attorney's fees and costs, and suspension or revocation of the owner's rental license, during which rent cannot be collected or increased on any unit in the property. This section was added by Bill No. 250330-AA, approved May 7, 2026, and takes effect November 1, 2026.