If a rental property in Pennsylvania fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Pennsylvania?
In Pennsylvania, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Heating (in winter).
- Electricity (if provided).
- Sanitation facilities.
- Hot/cold water.
- Garbage service.
- Features that might impact health or safety on the property.
What Should Tenants Do Before Reporting a Violation in Pennsylvania?
In general, for non-emergency situations, tenants in Pennsylvania should provide notice (ideally written notice) to their landlord about any potential violations, and give the landlord a reasonable time to fix the issue.
Since many parts of Pennsylvania don’t have strong protections against landlord retaliation, tenants should also check local rules before reporting so they know about any specific limits on the landlord’s response.
How Can Tenants Report a Violation in Pennsylvania?
Tenants in Pennsylvania should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Philadelphia | Philly311 | Online Form |
| Pittsburgh | Pittsburgh 311 Response Center | Online Form |
| Allentown | Residential Property Inspections | Call (610) 437-7694 or (610) 437-7695 |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property (typically within a week of receiving a complaint) and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Philadelphia?
A tenant in Philadelphia can report a health or safety violation by calling (215) 686-8686 or using the online form provided by Philly311. Click “Use Our Online Form.” Most potential issues fall under “Maintenance complaint.” After selecting an issue, enter location and other information as directed.
How Can a Tenant Report a Health or Safety Violation in Pittsburgh?
A tenant in Pittsburgh can report a health or safety violation by calling (412) 255-2621 or using the online form provided by the Pittsburgh 311 Response Center. Click “Online Request Form,” then enter a location and click “Next” to select an issue. Most potential issues fall under “Building Maintenance.”
How Can a Tenant Report a Health or Safety Violation in Allentown?
A tenant in Allentown can report a health or safety violation by calling the Residential Property Inspections department at (610) 437-7694 or (610) 437-7695. Leave a message with detailed information about the location and issue including contact information, and an inspector will follow up.
What Could Happen to a Landlord After a Complaint Is Made in Pennsylvania?
After a tenant complains about unsafe conditions in Pennsylvania, an officer may inspect the property and cite the landlord for any code violations. The landlord must fix any cited issues, typically within 30-60 days, or be fined.
A violation lets the tenant sue the landlord for monetary damages or an injunction to fix the issue. The tenant might also have a right to move out and cancel the rental agreement.
Sources
- 1 Pennsylvania Office of Attorney General, Consumer Guide to Landlord and Tenant Rights, § IV.C. (June 2022)
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Nonbinding guidance from the Attorney General typifies the general standard:
“Examples of uninhabitable conditions include: Lack of utility services (heat in the winter, hot and cold running water, and sanitation); Rodent infestation; Leaking roof; Unsafe floors or stairs; Broken locks on doors and windows.”
Source Link - 2 City of Pittsburgh, Code Enforcement
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See, e.g., the code enforcement process for the City of Pittsburgh, presented as a flowchart image. City of Pittsburgh, Code Enforcement (image linked under “PLI Citation Process”)
Source Link - 3 Kuriger v. Cramer, 345 Pa. Super. 595, 606 (Pa. Super. Ct. 1985)
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“A breach of the implied warranty may be the basis of a complaint, as well as a defense or counterclaim to a landlord’s suit for rent or possession.”
Source Link - 4 Pugh v. Holmes, 486 Pa. 272, 290 (1979)
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Linguistic spaghetti makes a direct quote obnoxious, but the Pennsylvania Supreme Court has implicitly held that proven violation of a local housing code is per se sufficient (although not the only potential relevant standard) to establish breach of the implied warranty of habitability:
“Appellant would require that a determination of breach of the implied warranty be dependent upon proof of violations of the local housing codes. We decline to accept this argument as it would unnecessarily restrict the determination of breach … the existence of housing code violations is only one of several evidentiary considerations that enter into the materiality of the breach issue.”
Source Link - 5 McCandless v. Findley, 86 Pa. Super. 288, 292 (Pa. Super. Ct. 1925)
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“There is an implied covenant for the quiet enjoyment of the demised premises.” Kelly v. Miller, 249 Pa. 314, 316 (1915). The covenant of quiet enjoyment is basically defined as a right to the ordinary use of the property for the purpose it was rented: “The lavatory, the kitchen sink and the blinds were part of the demised premises at the date of the lease and the change resulting from their removal was a violation of the tenant’s implied covenant for quiet enjoyment of the premises.”
Source Link - 6 Kelly v. Miller, 249 Pa. 314, 316 (1915)
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“Any wrongful act of the landlord which results in an interference of the tenant’s possession, in whole or in part, is an eviction for which the landlord is liable in damages to the tenant.”
Source Link - 7 Sears, Roebuck & Co. v. 69th St. Retail Mall, L.P., 126 A.3d 959, 975 (Pa. Super. Ct. 2015)
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In the classic case addressing the subject, repeated flooding that caused business meetings to be moved elsewhere rose to a violation of quiet enjoyment on the property. “[If flooding] follows regularly upon rainstorms and is sufficiently serious in extent to amount to a substantial interference with use and enjoyment of the premises for the purpose of the lease, the test for constructive eviction has been met. Additionally in our case, the defective condition of the driveway, exterior and foundation walls which permitted the recurrent flooding was obviously permanent in the sense that it would continue and probably worsen if not remedied. There was no obligation on the tenant to remedy it.” Sears, Roebuck & Co. v. 69th St. Retail Mall, L.P., 126 A.3d 959, 975 (Pa. Super. Ct. 2015) (citing as authority Reste Realty Corporation v. Cooper, 53 N.J. 444, 458-59 (N.J. 1969))
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