Council debates tightening rental-property rules, inspections and a —three-strike— nuisance approach

Council extensively reviewed proposed revisions to Chapter 166 (rental properties), focusing on how the borough defines —residential rental unit,— when code officials may inspect units, and how the borough should apply repeat-offense enforcement (sometimes described as a "three-strike" or nuisance approach).

Definition and scope: The draft clarifies that a "residential rental unit" includes any dwelling unit, townhouse, apartment or rooming unit occupied by persons other than the owner. The text also specifies that units under long-term lease-purchase agreements are treated as rental units and excludes hotel rooms or hospital rooms used for medical services. Council members said the change aims to close a recurring enforcement gap in which owners claim informal family occupancy to avoid rental registration and oversight.

Inspections: Council rejected open-ended language allowing —random— inspections and instructed staff to replace it with a narrower standard tied to specific triggers: complaints, police calls, code violations observed in the course of other inspections, permit-driven inspections (per the UCC) and other reasonable cause. Staff warned that owner-occupied dwellings raise additional legal thresholds; code cannot enter an owner-occupied residence without consent or a warrant. Council emphasized coordination with police: if officers observe potential violations while responding to calls, the codes office should be notified to document and follow up.

Three-strikes and nuisance enforcement: Council members discussed connecting disruptive-conduct findings and repeated code violations to rental-registration revocations or suspensions. Several council members supported a property-based approach: repeated disruptive-conduct incidents tied to a single address would count toward enforcement actions against that property and its registration. Council asked staff to consider a threshold approach (e.g., multiple disruptive-conduct incidents, repeated quick-ticket violations or other documented nuisances within a specified period) that would prompt graduated enforcement up to suspension of rental registration for the property.

Certification and inspector qualifications: The draft uses the term "code official" for inspectors but also included language about certification. Council asked staff to ensure the ordinance references the appropriate certification (for example, a certified building official where required) while not over-prescribing personnel titles in the ordinance text.

Practical matters and next steps: Council agreed to remove the word "random" from inspection language and to return a redlined draft that narrows inspection triggers, clarifies the definition of rental unit, and lays out a nuisance/enforcement process keyed to documented incidents, quick tickets and other enforcement actions. Council also directed staff to prepare outreach to landlords and property managers ahead of a planned public meeting to review the proposal.