Text of article published in the HAPCO Newsletter. HAPCO is an organization whose members are drawn from small housing providers across the City of Philadelphia.

Under the authority of the Philadelphia Preservation Ordinance (Section 14-2007 of the Philadelphia Code), the Philadelphia Historical Commission (PHC) is aggressively encouraging community groups to "nominate" neighborhoods for historic designation. At first glance, this seems to be an honor which property owners should seek. In fact it carries a heavy burden of bureaucratic red tape and arbitrary regulations which raise the costs of maintenance and improvement while depriving citizens of property rights and providing little in benefits.

In essence, 14-2007 and the PHC Rules and Regulations require special permits for repairs or alterations impacting the exterior of all structures within designated districts. This applies even to buildings that don't "contribute" to the ostensible historic appearance of the area. The permits are beyond those mandated to protect public safety and health under the aegis of the Dept. of Licenses and Inspections (L&I). Work that does not now need an L&I permit -- such as replacing exterior light fixtures, changing spindles on porch railings, or adding storm doors in existing frames -- would be covered and require submitting photographs of current conditions, plans, and proposed bills of materials. Jobs over which L&I would presently have authority are automatically sent to the Historical Commission for additional review.

Advocates include residents who are genuinely interested in preserving or restoring the architectural "fabric" of their neighborhoods. But many proponents favor historic designation because they see it as a tool to utilize the enforcement powers of the city to exert control over owners of property whose tastes, objectives, cultures, or budgets differ from their own.

The paperwork itself can be time-consuming and expensive. Further, the PHC can require use of products and materials that resemble "historically correct" items, and these are often far costlier than and not necessarily as effective as their modern counterparts. Examples include wood-framed rather than vinyl-clad replacement windows, and simulated or real slate or tile as opposed to asphalt shingle roofing.

Paul Asabere and his colleagues at Temple University have studied the impact of the Philadelphia Preservation Ordinance on small multifamily buildings in the City and have concluded that the encumbrances it places on owners are "confiscatory." HAPCO members are urged to be alert to efforts to have districts in which they own property nominated as "historic" under 14-2007 of the Philadelphia Code, to become fully informed as to the pros and cons of the issue, and to strongly oppose any such action if they find it contrary to their best interests.

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