Law Requiring Mandatory Inspections Of Rental Properties Challenged In Court
POTTSTOWN, Pa. (CBS) -- A law in Pottstown that allows inspections of rental properties – even if the tenant refuses – is being challenged in court.
The lawsuit was filed by renters Dorothy and Omar Rivera, along with their landlord Steven Camburn, challenging Pottstown's mandatory rental inspections, says attorney Rob Peccola with the Institute for Justice.
"These rental inspections can happen without any real probable cause that there's something wrong in the house."
If a tenant refuses the inspection, which is what the Riveras did, the borough can get an administrative warrant to enter the home, which Peccola says, allows the ability to then look in closets and to move beds to check electrical outlets.
"They're entering a space that is off-limits for the tenant, and it should be off-limits to the government unless they have real probable cause."
The suit is not seeking money or damages, it asks Pottstown's law be declared unconstitutional. A lawyer representing the borough declined comment at this time.