Pennsylvania Renters’ Rights During Elevator Outages

If you’re a renter in a Pennsylvania high-rise, functioning elevators aren’t just a convenience—they’re an essential part of secure and accessible housing. When elevators break down, especially for tenants with mobility challenges, daily life can become difficult or even unsafe. Understanding your rights and what to do during elevator outages can help ensure your voice is heard and your needs are met under Pennsylvania law.

Key Legal Protections for Renters Affected by Elevator Outages

Pennsylvania requires landlords to provide tenants with a safe and habitable living environment, known as the "implied warranty of habitability." For buildings with elevators, this generally means keeping elevators in good working order. This warranty is established by Pennsylvania case law and reinforced in the Landlord and Tenant Act of 1951^[1].

What Are Your Rights When Elevators Go Out?

• Prompt Repairs: Landlords are responsible for repairing broken elevators as soon as possible.
• Reasonable Accommodation: If you have a disability, you may request reasonable accommodations under the federal Fair Housing Act and the Pennsylvania Human Relations Act. This can include alternative means of access or temporary relocation assistance.
• Withholding Rent: In serious cases where the residence becomes uninhabitable and the landlord does not make timely repairs, you may have rights to withhold rent, but it’s important to follow legal steps and seek legal guidance before doing so.

Requesting Disability Accommodations

Tenants with mobility impairments have additional legal protections. If an elevator outage impacts your ability to access your home, you can request a reasonable accommodation. This can be done verbally, but putting the request in writing is best for documentation.

• Request alternative accommodations, like a temporary unit on a lower floor or building access support.
• The landlord must respond promptly and cannot retaliate against you for making this request.

How to Report and Document Elevator Problems

Take these steps to help resolve elevator issues quickly and protect your rights:

• Document everything: Note the dates and times of outages, communication with your landlord, and how the outage affects you.
• Notify your landlord in writing: Pennsylvania law doesn’t require a specific form, but submitting a written maintenance request or letter is effective. Keep copies for your records.
• File a complaint with your local code enforcement office if repairs are not made. Many cities use forms like the Property Maintenance Complaint Form, available from municipal code enforcement departments.

For example, if you live in Philadelphia, you can use the Philadelphia Property Maintenance Issue Report Portal to submit a formal complaint.

Filing a Discrimination Complaint

If you believe your request for accommodation for a disability was ignored, you may file official complaints:

• Pennsylvania Human Relations Commission Intake Questionnaire — Used to begin a formal complaint about discrimination in housing due to disability. Access the PHRC Intake Questionnaire.
• U.S. Department of Housing and Urban Development (HUD) Housing Discrimination Complaint Form (HUD-903.1) — Used when you believe your federal Fair Housing rights were violated. Start a HUD housing discrimination complaint online.

Example: If a tenant with a wheelchair requests a temporary ground floor apartment during an elevator outage and the landlord refuses without offering a solution, the tenant can file a PHRC Intake Questionnaire with the Pennsylvania Human Relations Commission.

Tribunal Handling Rental Disputes in Pennsylvania

Pennsylvania rental disputes, including habitability and disability accommodation claims, are handled by the Magisterial District Courts in each county. This is where you may file claims related to repairs, habitability, or defense against eviction.

Relevant Pennsylvania Legislation

• Landlord and Tenant Act of 1951
• Pennsylvania Human Relations Act
• Fair Housing Act (federal)

FAQ: Pennsylvania Renters and Elevator Outages

1. Can I break my lease if the elevator is broken for a long time?
   If an elevator outage makes your apartment uninhabitable and your landlord fails to make timely repairs, you may have legal grounds to end your lease early. However, it is advisable to document all communication, provide the landlord reasonable notice, and consult legal help or your local court before moving out.
2. What if I have mobility issues and can’t access my apartment?
   You have rights to request a reasonable accommodation from your landlord and, if refused, may file a disability discrimination complaint with the Pennsylvania Human Relations Commission or HUD.
3. Is my landlord responsible for hotel or relocation costs during an outage?
   Pennsylvania law does not explicitly require landlords to pay these costs unless stated in your lease, but disability accommodation laws may require the landlord to find an accessible solution.
4. Can I withhold rent if the elevator is out?
   Withholding rent is only protected in very limited situations in Pennsylvania. You must follow all legal requirements, including giving written notice and an opportunity to repair. Seek advice from the Magisterial District Court or a tenant resource before withholding payment.
5. Where do I file a complaint if my landlord won’t fix the elevator?
   File with your local code enforcement office first. For persistent problems or disability-related issues, escalate to the Magisterial District Court or the Pennsylvania Human Relations Commission.

Key Takeaways for Renters

• Landlords must keep building elevators in safe, working condition.
• Tenants with disabilities have the right to reasonable accommodation under state and federal law.
• Report outages in writing, keep documentation, and use official complaint forms if necessary.
• Legal action is available through Magisterial District Courts and housing agencies if needed.

Stay proactive: Know your rights, document issues, and reach out to the right agencies if problems aren’t resolved promptly.

Need Help? Resources for Renters

• Pennsylvania Human Relations Commission – File a Discrimination Complaint
• Pennsylvania Magisterial District Courts – Rental Injury & Dispute Information
• Philadelphia Property Maintenance Complaint Portal
• U.S. HUD – Fair Housing Complaint Process

---

1. [1] See Landlord and Tenant Act of 1951, § 250.502-A
2. For disability accommodation, see the Pennsylvania Human Relations Act and federal Fair Housing Act
3. Property conditions may also be covered by city housing codes—see your local code enforcement resource

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations