January 6, 2020

Pottstown Renters Score Major Win In Challenge To Unconstitutional Rental Inspections

The home of Dottie and Omar Rivera, who challenged Pottstown, Pennsylvania's unconstitutional rental inspection program.
The home of Dottie and Omar Rivera, who challenged Pottstown, Pennsylvania's unconstitutional rental inspection program.

Pottstown, Penn.—This morning, the Commonwealth Court of Pennsylvania issued an opinion vacating and remanding a lower court’s ruling in favor of Pottstown in a lawsuit challenging the borough’s rental inspection ordinance. This law allows the borough to enter residents’ homes without cause and without the residents’ consent. The Court also reversed the trial court’s orders denying discovery to the Pottstown residents who challenged the law. This makes sure that as the lawsuit now proceeds on remand, the residents will have a full record of how these inspections are actually conducted—and what inspectors actually do once they are inside peoples’ homes.

The Court also rejected the borough’s argument that, in order for the tenants to challenge the law, residents would have to first submit to the borough’s invasive rental inspections. After Pottstown tenants Dottie and Omar Rivera and their longtime landlord, Steve Camburn, refused to allow inspectors inside their home, Pottstown obtained administrative warrants to search inside—but with no suspicion that anything was wrong. The Borough also attempted to search the non-rental family home of Pottstown residents Thomas, Kathleen, and Rosemarie O’Connor without their consent and with no search warrant whatsoever. These brave citizens sued Pottstown with the help of the Institute for Justice (IJ).

“To require Tenants to endure the inspections before challenging the inspection requirement would render Tenants’ Article I, Section 8 privacy rights illusory,” the Court declared.

“We are thrilled that the Commonwealth Court has recognized the Pennsylvania Constitution’s strong protections of property rights,” IJ Attorney Rob Peccola said. “Pottstown’s rental inspections regime is a way to get around constitutional protections for privacy rights, and we look forward to litigating this case based on the facts on the ground.”

After the Pottstown residents compile a full record, there will be a decision on the merits at the Montgomery County Court of Common Pleas. This ruling could ensure that every Pennsylvanian who resists a search of their home can only have the government enter with a warrant supported by probable cause that something is wrong inside.

Share

More News

Dog sniffing a cardboard box in a warehouse stacked high with wrapped packages

Civil Forfeiture

Court Says Marion County Must Clearly State What Crime Was Committed Before Taking Money Seized at FedEx Hub

Andrew Wimer · October 20, 2026

Two men stand behind a convenience store counter near a cigarette display case

Glendale Small Business Files Federal Lawsuit Challenging Seizure of Money by Federal Agents During Raid

Dan King · October 20, 2026

Carlos Pena points to a hole in a door at his North Hollywood printing shop, which was destroyed by an LAPD SWAT team in August 2022. The city refused to compensate Carlos.

Private Property

Supreme Court Declines to Hear Los Angeles Business Owner’s Case Seeking Compensation After SWAT Team Destroyed Shop

Andrew Wimer · October 19, 2026