Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
The property is a large twin, zoned RSA-3.
Two entrances:
Main entrance - large 5 bedroom 2 bathroom, living room, and kitchen space.
Rear entrance - 1 bedroom, 1 bathroom, living room, and kitchen.
In Philadelphia could an owner-occupant live in the larger space and rent out the in-law suite? Would the city allow for this and issue a rental license for the in-law suite? The utilities are not separated, however, both living spaces have their own entrances, kitchens, and bathrooms.
RSA-3 will require a variance for an in-law suite.
You can get around this by connecting the two spaces internally and then leaving a door between them locked, or by putting up a wall later (although the wall option isn't legal so I'm advising against that . . .).
But if you designed with the intent of it being an in-law suite from the beginning (internally connected via stairs, etc.), you shouldn't have an issue getting through zoning on a by-right basis. Again, the challenge will be making sure that it looks like it's one single-family dwelling with a tricked out basement, etc.
Legally speaking, it's alright to then rent out that in-law suite via the same law that protects/regulates airbnb. But I'm not a lawyer, so don't take my word for it, and the ability to design something well will depend on your specific lot and its context.
Again, not a lawyer, but the airbnb website says that you need a license for any unit that will be rented overnight, but that this requirement doesn't apply to owners renting out a portion of their primary home. Because this will be your primary home, and the in-law suite would technically be part of it, there's no requirement for you to even get a rental license, which would trigger a check of the zoning ordinance and an approved zoning/use permit for the property (which you won't have unless you get a variance).
If you're going to go full legal duplex you'll need to get the variance. It will likely mean giving a presentation at a local RCO meeting, then appealing to the ZBA.
I'm just re-reading your original post and noticed that it sounds like this is already a duplex. Is this the case? If so it shouldn't be difficult to get a use permit for an existing non-conforming building. I'd check the city's records to see if it already has a use permit as a duplex.
Feel free to reach out if you end up needing help with the process. My firm does a lot of this in the city.
Philadelphia also passed some special rules on Accessory Dwelling Units ("ADU"). Depending on the exact facts, your in-law suite may qualify as an ADU. Interestingly enough, the Code is silent on where these units are permitted. Currently, it simply says "reserved." To get to this part of the Philadelphia Code, go to the link below and do a search for "Accessory Dwelling Units" --- you'll want to click on the button that says "Results and full document." The second link should take you to the relevant section.
As @Daniel Flesher said, check to see if this property is grandfathered in. In my experience, many of these random multi-family properties in otherwise purely single-family zoning areas are often existing, non-conforming buildings. Many of them get converted down the line since SFR tend to get better prices. But some properties remain as multi-family properties. If so, you are likely fine using it as a duplex.
As for your idea of getting a variance, just note that it's not easy to get it. Even if every member of the Zoning Board adores you like their favorite child, they have to apply a very specific standard that's hard to meet. And even a single dissenter --- whether on the board or just a neighbor --- can ruin your day and drag the process all the way to the appellate courts.
But again, the first step is to see if it got grandfathered in.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.