PITTSBURGH – A state court judge has discontinued litigation and all related investigations concerning alleged violations of the City of Pittsburgh’s now-expired temporary eviction moratorium ordinance, just weeks after a similar measure from the Center for Disease Control also expired.
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.
However, the case was discontinued by Allegheny County Court of Common Pleas Judge Christine A. Ward on Aug. 25.
“It is hereby ordered, adjudged, and decreed that the above-referenced case is discontinued. It is further agreed that all pending investigations and/or prosecutions against landlords based on any alleged violation of the City of Pittsburgh’s now-expired temporary eviction moratorium ordinance (Chapter 782 of the Pittsburgh City Code) are withdrawn/dismissed, and the City shall take no action to forward any such prosecution,” Ward said.
The plaintiff was represented by John P. Corcoran Jr. of Jones Cregg Creehan & Gerace, in Pittsburgh.
The defendants were 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