In Ricchetti v. Ellis, 2016 Phila. Ct. Com. Pl. LEXIS 348 (Sept. 7), Judge Bradley K. Moss issued a memorandum opinion providing one of the most detailed analysis I have seen regarding the obligation of a landlord in Philadelphia to provide a tenant with what is called a Certificate of Rental Suitability and the associated “Partners for Good Housing Handbook.”
In Richetti, the landlord and the tenants entered into a written lease agreement for a house located in Northern Liberties, Philadelphia. According to the opinion, the lease term began on July 16, 2012, and expired on July 31, 2013.
Soon after the tenants moved into the house, the relationship with the parties soured, the opinion said.
The landlord eventually retained the services of legal counsel to collect the rent and the cost of utilities overdue under the lease agreement entered into by the parties as well as for possession of the house, the opinion said.
The landlord then filed suit in the Philadelphia Municipal Court against the tenants.
According to the opinion, after a hearing at the Philadelphia Municipal Court-level, the landlord obtained both a judgment for money and a judgment for possession of the house against the tenants.
The tenants then voluntarily vacated from the house and filed an appeal of the money judgment only to the Philadelphia County Court of Common Pleas, the opinion said.
The landlord filed a complaint against the tenants, seeking payment of the unpaid rent and costs of utilities until the tenants vacated the house, the cost of the alleged damage caused to the house by the tenants, as well as for the legal fees and costs incurred by the landlord in connection with these alleged breaches of the lease agreement entered into by the parties.
In response, the tenants filed a counterclaim against the landlord centering on the landlord’s failure to provide the tenants with a Certificate of Rental Suitability and the associated handbook in accordance with the Philadelphia Property Maintenance Code.
In the counterclaim, the tenants asserted that not only did they not owe rent to the landlord under the lease agreement because the stated certificate and handbook were not delivered to them in a timely fashion, but they would also be entitled to reimbursement from the landlord of the rent they did pay under the lease agreement during the period of noncompliance under the law.
A jury trial administered by Judge Bradley K. Moss eventually took place.
During the trial, the jury heard conflicting testimony about when the tenants allegedly received the Certificate of Rental Suitability and the associated handbook from the landlord.
The jury ultimately found that the landlord had provided the tenants with the stated certificate and handbook based upon the landlord’s version of events, thus, allowing the landlord to collect the unpaid rent sought under the lease agreement.
At trial, the jury did not consider whether or not the tenants were entitled to reimbursement for rent they paid prior to receiving the stated certificate and brochure because Moss ruled that such reimbursement was not compensable under the law.
The tenants then appealed the jury award and some of Moss’ legal rulings to the Superior Court of Pennsylvania.
As part of these appellate proceedings, Moss issued a written opinion setting forth his rationale as to, among other things, why the tenants were not entitled to reimbursement of the rent paid under the lease agreement to the landlord prior to the tenants receiving the stated certificate and handbook.
Moss first cited to the relevant sections of the Philadelphia Property Maintenance Code.
Under Section 102.6.4, which is titled Rent Collection, “no person shall collect rent … unless … at the inception of each tenancy, an owner shall provide to the tenant a Certificate of Rental Suitability … no more than 60 days prior to the inception of the tenancy … along with … the “City of Philadelphia Partners for Good Housing Handbook” issued by the Department” of Licenses and Inspections.
Section 102.7.4, which is titled Private Right of Action provides that “any tenant … shall have the right to bring an action against the owner … to compel compliance with this code.”
Moss also relied upon a court-approved stipulation agreed to by the city government and the Homeowner’s Association of Philadelphia in the litigation that ensued when the original ordinances concerning the Certificate of Rental Suitability and associated handbook were first enacted in March of 2006...
Reprinted with permission from the October 10, 2016 edition of The Legal Intelligencer © 2016 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit www.almreprints.com.