Erie councilwoman pushing for new citywide ‘just cause’ eviction law to protect renters

Across the U.S. various municipalities have enacted or are exploring laws that seek to protect renters from unjust eviction and exorbitant rent increases — situations that can quickly push individuals and families into homelessness.

Erie City Councilwoman Susannah Faulkner wants Erie to follow suit.

Faulkner is working with fellow Councilwoman Jasmine Flores, as well as statewide housing lawyers and advocates, to craft the city’s first “just cause” eviction ordinance.

During Erie City Council’s Sept. 6 meeting, Faulkner mentioned that the proposed Erie ordinance is a work in progress and has yet to be drafted, but she hopes to present it for a first reading as soon as City Council’s Oct. 4 meeting.

The new law, Faulkner said, would further define the legal grounds for eviction for landlords and renters in Erie. It would also help to address affordable housing and “prevent homelessness before it happens,” Faulkner said.

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If City Council signs off on the new ordinance, Faulkner said, Pennsylvania would be the third city to enact such a law. Philadelphia and State College are the others.

“Pennsylvania law does state core reasons for eviction,” Faulkner said. “We want to make it so that there’s more clarity. I’ve talked to dozens and dozens of tenants (in Erie) who have not gotten reasons for a (30-day) eviction notice.”

During City Council’s Sept. 6 meeting, Faulkner mentioned that a recent Erie Land Bank study found that for every 100 local families seeking affordable housing, “only 30 can secure it.”

She called eviction “an incredibly challenging situation” for renters that can create instability in their lives and make it more difficult for them to find other rental units or become homeowners.

“That’s not to say that there should not be reasons to be evicted. That’s not what I’m saying,” Faulkner said. “But it does need to be controlled.”

Faulkner said affordable housing, particularly for renters, is a significant issue in Erie.

According to Zumper.com, an online, nationwide real estate platform, the average rent for a one-bedroom apartment in Erie is $725, a 4% increase compared to 2022.

According to 2021 American Community Survey data, 48% of Erie’s nearly 45,000 housing units are rentals. In Erie, more than 25% of the city's residents live below federal poverty guidelines, according to U.S. Census Bureau data.

City Council President Chuck Nelson said Faulkner's proposal is worth exploring, but councilmembers need to discuss it further. Any ordinance she submits would also need to be reviewed by City Solicitor Ed Betza, Nelson said.

How would a just cause eviction law work?

Currently, Pennsylvania’s Landlord/Tenant Act requires a landlord to give tenants written eviction notice.

According to the state law, which dates back to 1951, that notice must be a 10-day notice if the eviction is for nonpayment of rent; a 15-day notice is required if the eviction is for any breach of the lease or the end of lease term.

However, just cause or “good cause” laws seek to further specify what can lead to eviction and give tenants the right to renew their leases.

For example, some of the laws prohibit landlords from evicting tenants as retaliation for lodging housing-related complaints about their rental unit to code enforcement/building officials, or because the tenant has a criminal record and/or is a victim of domestic violence. They also protect tenants from excessive rent hikes.

New Jersey has had what’s known as a “good cause” law regarding renters/eviction since 1974.

Albany, Kingston, Newburgh, Poughkeepsie and Beacon, New York, have put such laws in place, and California, Washington state and Oregon have done so at the statewide level.

Faulkner said her ordinance could include several aspects of what other municipalities have done.

Faulkner said she has consulted with a Philadelphia-based nonprofit law firm, Regional Housing Legal Services, in relation to her proposal.

RHLS specializes in legal issues related to affordable housing.

'Working class renters'

Marty Nwachukwu, a community organizer with Erie County United, said the social justice organization supports Faulkner’s proposed ordinance.

“We want to protect working-class renters in Erie to prevent evictions, reduce homelessness, and stabilize and maintain communities and relationships between neighbors,” Nwachukwu said. “We strongly encourage and support leaders, both (in) business and elected, who stand in solidarity with working class renters.”

Garrett Shames is the chief operating officer and general counsel for Glowacki Management Company, an Erie firm that manages more than 700 rental units locally.

Some landlord and real estate groups across the U.S. have argued that just cause/good cause laws can make it more difficult for landlords to evict problem tenants.

Previous coverage: Erie rental market includes new and unique options, but not everyone can pay rising costs

Speaking in general, Shames said: “I believe that tenant affordability is definitely a concern.  We want to make sure there is enough affordable housing for everybody in the Erie area.

“That being said, the law (in Pennsylvania) is pretty tenant-friendly as it currently exists,” Shames said. “Hopefully any new legislation is balanced to take that into account and is fair to both parties.”

Asked if she expects any pushback from landlords over her proposal, Faulkner said that “if anyone does have concerns they can reach out to me. I want this to be as collaborative as possible.”

Contact Kevin Flowers at kflowers@timesnews.com. Follow him on Twitter at @ETNflowers.

This article originally appeared on Erie Times-News: Erie councilwoman wants to see citywide 'just cause' eviction ordnance