Monday, July 30, 2012

Borough residential landlord-tenant ordinance upheld

Berwick Area Landlord Association v. Borough of Berwick - Cmwlth. Court - June 27, 2012


http://www.pacourts.us/OpPosting/Cwealth/out/766CD11_6-27-12.pdf

Borough LT ordinance upheld against various challenges. Law regulates residential rentals and requires them to be licensed, maintained and registered and sets out various duties of owners and occupants.

The court relied on, inter alia, Berwick Area Landlord Association v. Borough of Berwick, No. 07-316, 2007 WL 2065247 (M.D. Pa. July 16, 2007) (rejecting federal substantive due process claim by same plaintiffs regarding same ordinance); Bloomsburg Landlords Association, Inc. v. Town of Bloomsburg, 912 F. Supp. 790, 804-05 (M.D. Pa. 1995), aff’d, 96 F.3d 1431 (3d Cir. 1996) (rejecting federal substantive due process claim regarding similar ordinance) and McSwain v. Commonwealth, 520 A.2d 527, 529 (Pa. Cmwlth. 1987) (en banc).

>