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Pottstown rental ordinance legal challenge continues in Commonwealth Court

Published Friday, March 14, 2025

A lawsuit challenging Pottstown’s rental inspection ordinance, which allows officials to enter and search rental units without a warrant, was recently brought before Pennsylvania’s Commonwealth Court. The long running saga began in 2017, when the Institute for Justice filed the suit on behalf of four Pottstown tenants and their landlord. In January 2024, the Court of Common Pleas of Montgomery County ruled that Pottstown must give notice to renters before they enter, but would still allow them to enter. While it was seen as a victory, attorneys said authorities can still use probable cause to enter without warrants, a violation of basic privacy rights. The decision led to the case being brought before the Commonwealth Court on March 5. Similar ordinances have been struck down in Illinois, Iowa and Minnesota.
Source: Pottstown Patch; 3/5/2025