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PA Supreme Court to hear Pottstown’s appeal of rental inspection lawsuit

Published Friday, July 3, 2026

The Pennsylvania Supreme Court has decided to hear an appeal filed by Pottstown Borough of a Commonwealth Court ruling that struck down the borough's rental inspection program as unconstitutional. The decade-old case, which began in 2017 when a landlord and his tenants refused entry to a borough inspector, centers on whether municipalities need individualized probable cause to conduct rental property inspections. The Commonwealth Court ruled last December that Pottstown's use of administrative warrants without such cause was unconstitutional, and the borough appealed in March. Since then, Pottstown amended its ordinance to allow property owners to hire third-party inspectors as an alternative, but the Supreme Court's eventual ruling is expected to have broad statewide implications for municipal rental inspection programs. The borough is encouraging other municipalities and tenant organizations to file amicus briefs in support of its position, while the Virginia-based Institute for Justice, representing the landlord and tenants, argues the Pennsylvania Constitution protects homes from warrantless government searches.
Source: Daily Local News; 6/25/2026