PA Court Reverses Ruling On Rental Inspections In Pottstown

POTTSTOWN, PA — Citing invasion of privacy, the Commonwealth Court of Pennsylvania reversed a ruling Monday which had previously allowed the borough of Pottstown's rental inspectors to enter residences without cause and without consent of renters.

The court also reversed a lower court's ruling which prevented residents from gaining access to details on inspections, including what inspectors actually do once they're inside residents' homes.

The case was brought forth by a handful of Pottstown residents — Dottie and Omar Rivera and their landlord, Steve Camburn, along with Thomas, Kathleen, and Rosemarie O'Connor — with the help of an advocacy litigation group, the Institute of Justice.

"We are thrilled that the Commonwealth Court has recognized the Pennsylvania Constitution’s strong protections of property rights," attorney Rob Peccola, with the Institute of Justice, said Monday. "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."

In the case of both the Riveras and the O'Connors, the borough obtained administrative warrants to search the inside of the homes for inspections, but did so with no suspicion that anything was wrong, according to the Institute.

The government must have probable cause that something is wrong inside in order to enter, the Institute and the Pottstown residents argued.

While this ruling only pertains to Pottstown, the Montgomery Count Court of Common Pleas will next examine the merits of the case, at which point the same renter's rights could be afforded to residents across the state.