This page contains some frequently asked questions about getting a Rental License in Philadelphia. For basic information about getting a Rental License, see Get a Rental License.
General
The Rental License application asks for the “Rental License Category.” What is that?
The property owner must identify the type of rental the property will be used for. The categories are:
- Residential dwellings
- Hotels: This includes motels, hostels, and bed-and-breakfasts. This includes short-term rentals of properties that are not occupied by a primary resident. These are typically defined as “Visitor Accommodations” in the Zoning Code.
- Rooming or boarding house: These have living space shared between four or more unrelated people. Typically, these have shared facilities such as kitchens and/or bathrooms.
- Assisted living: These facilities provide living space for individuals that need assistance or supervision with getting dressed, bathing, diet, financial management, evacuation from the residence in the event of an emergency, or medication prescribed for self-administration.
- Dormitories: Living quarters typically marketed to students that usually provide shared facilities such as kitchens and/or bathrooms.
- Other
There are multiple buildings on the lot. Do I need separate Rental Licenses?
If there are multiple buildings on a lot that share an OPA account, you must obtain separate Rental Licenses for each building being rented. To submit a Rental License application for multiple buildings on the same lot, you must make an appointment with the Permit and License Center.
Ownership
The property is owned by more than one person. Who is responsible for the Rental and Commercial Activity Licenses?
If you co-own the property with a spouse
The Commercial Activity License and Rental License may be issued in both spouse’s names or one spouse’s name. The spouse who is not named on the licenses must still be identified as a spouse on the associated business tax account.
If the property is owned by more than one person and they are not married
You have two options:
- Form a business in the name of all of the partners. Name all of the owners on the associated business tax account. L&I will issue the Commercial Activity License in the name of the business. L&I will issue the Rental License in the name of the partners as listed on the deed (if this is different from the business name). L&I only issues one Rental License per property.
- One owner assumes responsibility for the property. The responsible owner must submit an affidavit stating that they are responsible for meeting all obligations of the license and responding to notices, orders, or summons relating to the rental. The Commercial Activity License, Rental License, and associated business tax account will be issued in the name of the responsible owner.
The owner is identified as a disregarded entity (an LLC that is not separate from the owner for federal income tax purposes) or “Doing Business As” (DBA) on the tax account associated with this property. Which name will be on the Rental License?
L&I will issue the Rental License to the name on the recorded deed. L&I will issue the Commercial Activity License to the name on the primary tax account. Tax compliance will be verified against the primary tax account.
If the owner is a disregarded entity or a DBA, you must record that on the associated primary business tax account.
I am a holder of a long-term ground lease. Can I apply for a Rental License as the owner of the property?
The Philadelphia Code requires the owner(s) of dwellings/structures being rented out to obtain a Rental License. If the long-term lease holder owns the improvements on the land, this constitutes ownership for the purposes of the Rental License and the lease holder may apply for the license.
Proof of legal occupancy
What is the difference between a Zoning Permit and a Certificate of Occupancy?
Zoning Permits regulate how a building can be used.
A Certificate of Occupancy (CO) shows that a building is safe to be occupied. COs are issued after the completion of some Building Permits, which are needed for new construction and alterations.
If the property already has a Zoning Permit and a Certificate of Occupancy consistent with the use, the new owner doesn’t need to update these.
I recently changed the number of dwelling units. How do I update my Rental License?
You need Zoning and Building Permits to change the number of units.
If you have the proper permits, submit a license amendment application through eCLIPSE. You can also request an amendment during a virtual or in-person appointment with the Permit and License Center.
If you are keeping the number of units the same but are temporarily not renting some units out, you need to submit an affidavit of non-rental.
I purchased a property as a multi-family dwelling. When I filed for a Rental License I was told that I must submit proof that the use was continuous or legally established. What does this mean and how do I prove it?
As the new owner, you must prove that the use is legal.
If the previous property owner did not maintain a Rental License with the correct number of units
You can find documents that may verify the use on atlas.phila.gov.
If there is no prior Rental License on file
You can find documents that may verify the use on atlas.phila.gov. If you can’t locate these documents, you may need to get Zoning or Building Permits. Make a virtual or in person appointment with the Permit and License Center to determine the next steps.
If the prior license lapsed for more than 3 years
You may need to get Zoning or Building Permits. As the new owner, you must submit a notarized affidavit of continuous use confirming that the building layout is consistent with the stated use and that the use has not been intentionally abandoned. If you aren’t able to certify this, you must make a virtual or in-person appointment with the Permit and License Center to determine the next steps.
Review the rental license proof of use and occupancy information sheet for more information.
I got a property certification with the correct number of units when I purchased a property. L&I is now telling me that the use was never legally established or was discontinued. Why am I getting conflicting information?
The property certification only identifies the last approved use in the Zoning record. It does not confirm that a use was legally established under the Building Construction and Occupancy Code or that a use has not been legally discontinued. Review the L&I Code Bulletin BU-2001 on Property Certifications for more information.
Condominiums
I own multiple condo units within a building. Can I obtain a single Rental License that lists all units?
Separate Rental Licenses are required for each condominium unit. If you have an existing Rental License that lists multiple condominium units and are receiving an error while in the process of renewing it, please make a virtual or in-person appointment at the Permit and License Center to review with an agent.
I own a unit in a condo building. There are open violations for common areas or shared retaining walls. Will this prevent me from getting or renewing my Rental License?
All violations of the Philadelphia Building Construction and Occupancy Code issued to the property may affect your ability to obtain or renew a license.
If violations are related to common areas in a condo building or shared retaining wall, make a virtual or in-person appointment at the Permit and License Center to discuss directly with a service agent. The request and associated violations will be reviewed by the Department to determine the appropriate course of action.
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