County: Strengthening tenant protections, ethics reform and the continuing debate on term limits

Top Councty Council Items

• New protections available for renters against landlord retaliation
• New life for the “de facto defunct” ethics commission
• Term limits for county officials remain up for debate in government reform committee

New protections available for renters against landlord retaliation 🔗

Residential tenants in Allegheny County now have stronger protections against landlord retaliation.

County Council approved an ordinance at its March 24 meeting to supplement the Pennsylvania Landlord and Tenant Act of 1951. The act allows residential tenants the right to pursue healthy and safe housing conditions through actions such as withholding rent.

The county ordinance, which was signed by County Executive Sara Innamorato on March 27, protects tenants’ rights to organize, speak publicly about their housing conditions and report those conditions to government agencies and offices without landlord retaliation. The legislation took effect immediately when the Innamorato signed it. 

“There are just so many ways that people are abused in this system,” said Kathleen Madonna-Emmerling of Moon. According to the ordinance, there are approximately 161,000 renter-occupied households in Allegheny County.

Retaliation includes terminating, refusing to renew, or modifying a lease because a tenant participated in a protected activity. It does not include filing a civil action against a tenant with “clear and convincing evidence” that filing is not an act of retaliation.

“This ordinance just is the tip of the iceberg,” said Council Member DeWitt Walton of the Hill District. “We have to build a broader strategy on how we’re going to ensure quality housing for all residents of Allegheny County.”

Council Member Michelle Naccarati-Chapkis of Plum, who chairs the health department’s Housing Advisory Committee, said she will begin the process of amending the housing standards code to include mold. Currently, the code only covers lead and asbestos under certain conditions.

New life for the “de facto defunct” ethics commission 🔗

The county’s Code of Ethics is getting an overhaul for the first time in almost 20 years.

The code prohibits hiring by nepotism or patronage. It also does not allow employees, elected or unelected officials, or members of county agencies to use a county position for personal gain. It also requires disclosure of campaign financials and conflicts of interest. 

The overhaul primarily adds extensive detail to the existing codes and the ethics commission’s investigatory process. In one of its few removals, those covered by the code no longer must “dedicate themselves to the highest ideals of honor and integrity in all public relationships.”

One problem remained, however, after the government reform committee gave its okay on the revision.

“Our ethics commission—and some of our other watchdog commissions—have been de facto defunct for a while now,” said Council Member Alex Rose of the South Side Slopes. He proposed an amendment to allow the commissioners to act on publicly identified issues that haven’t been directly reported.

Previously, the five-person commission, a fact-finding advisory body, could only act on submitted complaints.

Not everyone agreed with Rose’s assessment. Council Member Nicholas Futules of Oakmont said, “[The commission] functions under complaints—legitimate complaints—that somebody has violated some ethics law. I’ve been there, okay? I know they function.”

Council sent the amended code to the county executive for her signature.

Term limits for county officials remain up for debate in government reform committee  🔗

The county executive might not be the only county office with limited terms after the November election.

Council approved an amendment to an ordinance introduced at its Jan. 27 meeting that would put the question of term limits on the general election ballot.

Currently, the county’s home rule charter limits the executive to three consecutive terms—totaling 12 years. It does not prohibit additional service after a break.

The amendment approved at the March 24 meeting adds the same limits to council members and the county row officers, who are the controller, district attorney, sheriff and treasurer. Currently, none of those positions carries term limits.

Council Member Nicholas Futules of Oakmont said that council did not consult row officers, nor was the amendment discussed in committee. (The ordinance was on the committee’s March 19 agenda, but minutes of the meeting have not been made public.)

Futules and Council Member John F. Palmiere of Baldwin Township said they wanted to call a public hearing ahead of council’s final vote on the ballot question.

“I find it irresponsible,” said Futules, who has been on council for 18 years. “When I’m ready to leave, I’m sure I will, or the people will vote me out. That’s a term limit.”

Council members, including Council Member Suzanne Filiaggi of Franklin Park, who were in favor of the bill pointed out the difficulty in securing funding and endorsements when someone is challenging an incumbent.

Filiaggi said, “[12 years] is the sweet spot between the institutional knowledge and then the motivation, innovation and energy that younger, newer people can provide any of these offices.”

If passed by voters, the “first term” for all elected officials besides the executive would begin in Jan. 2027, regardless of the number of terms served already.

The ordinance as amended returned to the government reform committee for further discussion.