The Institute for Justice (IJ), the law firm that won a unanimous Commonwealth Court ruling in December finding Pottstown's rental inspection program unconstitutional, is now pushing back against the borough's proposed workaround. The borough's backup plan would require landlords to hire certified private inspectors — rather than borough officials — to conduct inspections when tenants refuse entry, with results reported directly to the borough. IJ attorney Rob Peccola argued in a March 9 letter that simply outsourcing the search to a private party doesn't make it constitutional, warning the proposal would likely invite further litigation and could even expose borough officials to personal liability. The firm also noted that the borough has already spent an estimated $600,000 in legal fees on the matter and suggested less confrontational alternatives, such as enacting anti-retaliation protections for tenants, as other Pennsylvania municipalities have done. The borough, meanwhile, is standing firm, insisting the inspections are a routine public safety measure and vowing it will not abandon its housing standards while it awaits the Pennsylvania Supreme Court's decision on whether to hear its appeal.
Source: IJ press release; 3/10/2026 & Pottstown Mercury; 3/12/2026