POTTSTOWN, Pa.—On Tuesday, the Institute for Justice (IJ) sent a letter to borough officials in Pottstown, urging them to stop a proposed amendment to the borough’s rental inspection ordinance. The proposed amendment would force landlords, whose tenants refuse to consent to inspections of their homes, to retain a certified third-party inspector to conduct the inspection on the government’s behalf and report the results to the borough.
This proposed amendment comes just a few months after the Commonwealth Court of Pennsylvania ruled unanimously that the borough’s ordinance permitting officials to search rental homes without a warrant based on probable cause violates the Pennsylvania Constitution. The borough sought review of this ruling in the Pennsylvania Supreme Court, which has yet to decide whether to hear further argument. In the meantime, the Borough is crafting a back-up plan.
“This new proposal was made directly in response to the Commonwealth Court’s ruling, as an attempt to circumvent the Pennsylvania Constitution’s protections against these types of searches,” said IJ Attorney Rob Peccola. “The city cannot get around the Pennsylvania Constitution by outsourcing its unconstitutional rental inspections to private third parties. Changing the job title of the person conducting the search doesn’t suddenly make it acceptable.”
The proposal would still require these searches as a condition for obtaining or renewing a rental license, the borough would define the qualifications of the inspector, the inspection would be conducted according to borough code, and the results would be reported directly to the borough.
“Scare tactics to force tenants to give up their constitutional rights won’t work,” said Pottstown landlord Steve Camburn, who is represented by IJ in the lawsuit against the borough. “We are prepared to fight and bring statewide attention to this matter”
If the Pennsylvania Supreme Court agrees to hear the borough’s appeal, IJ will continue to represent Steve and his longtime tenants Dottie and Omar Rivera.