Lawsuit Challenges Pottstown's Ability To Enter Rental Homes Without Warrant

POTTSTOWN, PA — A lawsuit challenging the legality of Pottstown's rental inspection ordinance, which allows city officials to enter and search rental units without a warrant, was brought before Pennsylvania's Commonwealth Court on Wednesday.

It's the latest step in a long running drama between Pottstown, Montgomery County, and various civil rights and action groups in the region who say the law violates basic privacy rights.

"Under Pottstown’s ordinance, officials obtain so-called 'administrative warrants,' which do not require them to show any probable cause that something is wrong inside," a spokesperson for the Institute for Justice, the non-profit public interest law firm that has taken up the case. "They then use these warrants to enter rental homes in search of building violations, even if the tenants, landlords or both object. These administrative warrants allow inspectors to search people’s most intimate places, and share their findings with law enforcement. "

The hearing began at 9:30 a.m. at the Widener Building in Philadelphia.

Other states have seen similar ordinances struck down in recent years, including in Illinois, Iowa, and Minnesota. But some version of the issue in Pennsylvania has been circulating through the legal system for years.

The Institute for Justice originally filed the suit back in 2017 on behalf of four Pottstown residents, Dottie and Omar Rivera and Kathleen and Rosemarie O’Connor, along with their supportive landlord, Steve Camburn.

Then in Jan. 2024, the Court of Common Pleas of Montgomery County ruled that Pottstown must give notice to renters before they enter — but they're still allowed to enter. While it was seen as a victory, attorneys said authorities can still use probable cause to enter without warrants. The decision led to the case being brought before the higher state court.

Institute for Justice attorney Rob Peccola is leading the case.

A livestream of the ongoing hearing is available online here.