PITTSBURGH – On the eve of the Center for Disease Control’s eviction moratorium order’s expiration, a landlord advocacy group is seeking an injunction to stay any formal action related to the City of Pittsburgh’s temporary eviction measure enacted during the COVID-19 pandemic – until its pending lawsuit against both the City and its City Council is resolved.
Landlord Service Bureau, Inc. of North Huntingdon first filed suit in the Allegheny County Court of Common Pleas on March 4 versus the City and its Council.
“The plaintiff is Pennsylvania landlord service organization, among other services, that provides advocacy to protect the interest and rights of landlord throughout Western Pennsylvania and in this case specifically, landlords in the City of Pittsburgh. Plaintiffs bring the within action to challenge the validity of the recent enactment of the New Chapter 782 Temporary Eviction Regulation for Disease Prevention and Control Due to COVID-19, and request this Court to strike the eviction regulation ordinance in its entirety as void and unconstitutional,” the suit stated.
“The Center for Disease Control has set forth regulations for an eviction moratorium that ends on March 31, 2021. The City of Pittsburgh is imposing regulations that well exceed the Center for Disease Control order, by forcing landlords to renew leases, preventing the termination of leases and prohibiting the filing of actions for eviction. The City is, therefore, violating the CDC moratorium order, the Landlord-Tenant Act of 1951 and the rights of due process of law guaranteed by the Pennsylvania Constitution.”
The suit said the eviction regulation ordinance was passed by the City Council on March 2, 2021 and was sent to be signed by the Mayor of Pittsburgh, Bill Peduto, on March 4. Upon signature, the ordinance would immediately take effect.
“On Sept. 4, 2020, the Center for Disease Control entered a temporary halt in residential evictions to prevent the further spread of COVID-19. This federal regulation pre-empts the purported illegal actions attempted to be taken by the City of Pittsburgh in the eviction regulation ordinance. Among other things, the eviction regulation ordinance states that ‘no landlord may take action to cause eviction of an individual or household except for good cause,” per the suit.
“The eviction regulation ordinance also stated, ‘No landlord can refuse to renew a lease or terminate a lease due to previous tenant non-payment or lease term violation. Accordingly, a landlord under this eviction regulation ordinance section is prohibited from engaging in any contractual rights to terminate a lease and is forced to renew a lease in violation of the Landlord-Tenant Act of 1951.”
UPDATE
The plaintiff filed an emergency motion for injunction on July 28, seeking to stay any action as to the ordinance from the Pennsylvania Human Relations Commission until the instant case is resolved.
“The City of Pittsburgh’s Eviction Ordinance expired on June 28, 2021. Accordingly, a hearing before this Court was cancelled on June 30, 2021. The City notified the Court and counsel on July 23, 2021 that the eviction ordinance was reinstituted. In the interim and at times when the order was in expired status, the Pittsburgh Human Relations Commission has threatened landlords with criminal sanctions for exercising their rights pursuant to the Landlord/Tenant Act,” the injunction request stated.
“The threat of criminal sanctions, when the landlord files an action violates the Landlord/Tenant Act and indicates imminent harm to the landlord community. Accordingly, it is requested the Court enter an injunction order staying all actions of the Pittsburgh Human Relations Commission until the Court has adjudicated this matter.”
According to the plaintiff, the ordinance is due to terminate on Aug. 3, 2021 when the CDC eviction moratorium order expires, however, they feel there is the risk of criminal penalties for landlords exercising their rights requiring injunctive relief.
“These requirements for good cause inhibits the right of a landlord to evict a tenant in violation of the Landlord-Tenant Act of 1951 and Pennsylvania Rules of Civil Procedure. The mandate for good cause prior to eviction violates the impairment of contracts clause with the United States and Pennsylvania Constitutions,” the motion states.
For multiple counts of requesting declaratory and injunctive relief in violation of provisions of the Home Rule Charter and the Pennsylvania Constitution, the plaintiff is seeking a declaration that Chapter 782 Temporary Eviction Regulation for Disease Prevention and Control due to COVID-19 is void and unconstitutional, permanently enjoining the defendants from enforcing or implementing same, such other relief as the Court deems just and equitable, and a trial by jury.
The plaintiff is represented by John P. Corcoran Jr. of Jones Cregg Creehan & Gerace, in Pittsburgh.
The defendants are represented by Associate City Solicitor Michael E. Kennedy of the City of Pittsburgh’s Law Department.
Allegheny County Court of Common Pleas case GD-21-001813
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com