In the fall of 2025, Mrs. Smith called NPLS because she was renting a small house, was current in her rent, but had called the city code enforcement office because of the conditions in the property. The most serious complaint was a leaking roof. She reported that when it rained outside, it rained inside. And this caused damage to ceilings, flooring, and created moldy conditions. The property failed multiple city inspections, and she began withholding rent while hoping the repairs would be made.
When she withheld her rent, the landlord filed an eviction complaint, and NPLS represented her at the hearing, where we argued that the tenant should not owe rent because of the lack of habitability, but the primary goal was to ensure that the repairs were completed. The case continued to allow time for repairs, but while some repairs were completed, the roof repair still needed to be addressed. The case was resolved with the tenant turning in her keys at the final scheduled hearing. The abatement of rent allowed the tenant to use the money withheld to move to a habitable place,
Pennsylvania law has included the Implied Warranty of Habitability since 1979 (Pugh V. Holmes). This means that, even if it is not explicitly written in the lease, it is the landlord’s responsibility to provide a safe and sanitary dwelling for their tenant. The implied warranty does not address cosmetic issues or improvements, but if those items are agreed to at the start of a rental, include it as a lease condition to provide contract rights that could be enforced.
When looking to get needed repairs on your property, there are a few routes that you can take. Firstly, keeping a written correspondence with your landlord that details when you asked for repairs to be made can help demonstrate that the landlord had adequate time to cure the issue. This client not only contacted an attorney but also complained to her local code enforcement agency so they could perform an inspection. This eventually provided evidence that the landlord was not keeping a safe and habitable dwelling, which we reviewed prior to court by submitting a right to know request. She also withheld rent, saved that money in case all or part was needed, and avoided a court judgment for money owed while vacating the property for a safer housing option. More ways to get repairs on your property can be found in the NPLS Landlord/Tenant Handbook on page 23.
Still, getting repairs to your home can be a complicated, drawn-out process, made even more difficult by Northeast Pennsylvania’s ongoing habitability issues. In Pennsylvania, 69,100 units (1.1%) were deemed “severely inadequate” and 234,700 units (4.4%) were deemed “moderately inadequate” (Pennsylavnia Housing Finance Agency, March 2024). “Severely inadequate” units lack hot/cold water, a full bathroom, functioning heating, electricity, have exposed wiring, or have at least 5 maintenance problems, while “moderately inadequate” units lack a kitchen sink, a working refrigerator, cooking equipment, a consistently functioning toilet, or have 3 or 4 maintenance problems.
The unique circumstances in Northeastern Pennsylvania aggravate the region’s habitability issues. Pennsylvania has one of the oldest housing stocks in the country, with a median age of 57. This makes it the fourth-highest among the states (PHFA, 2024). Across the 20 NPLS-served counties, the median age only lowered to 54. If the NPLS-served counties were a state, it would account for the fifth-oldest housing stock in the nation (Housing Data Explorer, PHFA). This is important because the older a house is, the more prone to deficiencies and habitability issues it will be.
Rental units also tend to be older than owner-occupied units, with a larger share being built before 1940 and a smaller share being built after 2000 (PHFA, 2024). This poses a challenge for NPLS-served counties, which rank among the top counties in the state in rentership rate. Of the 20 Pennsylvania counties with the highest rentership rates, eight are NPLS-served counties (Lehigh- T4, Lackawanna- T4, Luzerne- 7, Lycoming- T10, Montour- T10, Northampton- T14, Columbia- T14, Clinton- T14) (Housing Data Explorer, PHFA).
Additionally, NPLS works with renters in four of the top 15 counties with the highest rent-burdened households (Monroe- T3, Pike T3, Lehigh- T11, Northampton- T14) (Housing Data Explorer, PHFA). Rent-burdened households are households that spend 30% or more of their income on housing costs. Generally, lower-income renters live in rent-burdened households. These units tend to be less expensive, which means they are more prone to habitability issues. And those with the lowest incomes are likely to pay 70% of their income toward rent, according to studies done by the National Low Income Housing Coalition (The GAP | National Low Income Housing Coalition).
Dealing with a habitability issue might not have a simple solution such as moving to a new unit. Lower-income renters who occupy rent-burdened households might not be able to afford a move to a safer, more sanitary dwelling. Moving becomes more of a challenge as rents skyrocket across NPLS-served counties. A study from Pew noted that the average rent increased 81% in Monroe County, 71% in Luzerne County, 57% in Lackawanna County, 54% in Northampton County and 52% in Lehigh County between January 2017 and December 2023 (Pew, 2025).
There are also not enough new building permits being issued, limiting the choices prospective renters have when moving. The same Pew study noted that from 2017-2023, “local governments issued building permits for only enough units to increase the state’s housing stock by 3.4%” (Pew, 2025). In both rural areas, there may be few alternatives on the market that are available or attainable.
Renters might also have issues finding a suitable home because a large number of vacancies in Pennsylvania are considered “off the market.” It is estimated that 27% of all vacant units are vacant “because the unit was for seasonal, recreational, or occasional use.” 41% of units are vacant because they are being “repaired, are foreclosed on or face other legal proceedings, are abandoned, or are used as storage space” (PHFA, 2024).
The cost of maintaining, improving and expanding the housing stock available is the significant challenge of this time. In February, Pennsylvania released the first Housing Action Plan to take coordinated action to increase and preserve the housing supply, address housing costs and increasing homelessness. The challenges renters face when trying to find a safe, sanitary, and habitable home make understanding legal rights and obligations as landlords and tenants more important now than ever. We invite any who are interested in hosting a community legal education event or participating with our local offices in pro bono projects to support those with housing related issues to reach out us (Visit: Overview : How To Help : North Penn Legal Services).
