Berwick Area Landlord Ass'n v. Borough of Berwick
2012 Pa. Commw. LEXIS 187
| Pa. Commw. Ct. | 2012Background
- Berwick's 2007-01 Landlord Registration Ordinance licenses, regulates, and inspects residential rental units and creates owner/occupant duties and enforcement mechanisms.
- Appellants (Berwick Area Landlord Association and Pennsylvania Residential Owners Association) seek declaratory judgment invalidating the Ordinance as preempted, ultra vires, or unconstitutional.
- Trial court granted partial summary judgment, upholding preemption defenses and authorizing enforcement while striking two provisions.
- The court concluded the Ordinance does not impose landlord liability for tenant conduct and that penalties target occupants, with disciplinary actions available against landlords.
- On appeal, the Borough's strike provisions were left out of review; the order denying invalidation was affirmed.
- The opinion explains the Ordinance operates under the Borough Code and police power, not as a direct imposition of tenant liability on landlords.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Ordinance is facially valid or an as-applied challenge | Berwick Area contends facial invalidity | Berwick contends statute permits local regulation | Facial challenge; no as-applied record proof or standing |
| Whether the Ordinance is preempted by the Landlord Tenant Act | Preemption by state act (conflict/field/express) | No irreconcilable conflict; Borough may regulate with police power | Not preempted; no irreconcilable conflict under conflict preemption |
| Whether the Ordinance violates substantive due process | Ordinance burdens landlords’ property rights | Police power permits regulation for public welfare | Rational basis review; no due process violation |
| Whether the Borough Code authorizes non-monetary penalties against landlords | Discipline violates limits on penalties | Code authorizes licensing penalties and enforcement | Authorized; revocation and other penalties permissible under Borough Code |
Key Cases Cited
- Holt’s Cigar Co., Inc. v. City of Philadelphia, 608 Pa. 146, 10 A.3d 902 (2011) (preemption analysis: express, field, conflict concepts clarified)
- Warren v. City of Philadelphia, 382 Pa. 380, 115 A.2d 218 (1955) (local regulation permissible if not conflicting with state act)
- McSwain v. Commonwealth, 103 Pa.Cmwlth. 326, 520 A.2d 527 (1987) (police power; rational basis review for health/safety regulations)
- National Wood Preservers, Inc. v. Department of Environmental Resources, 489 Pa. 221, 414 A.2d 37 (1980) (police power breadth and standard of review)
- Commonwealth v. Creighton, 168 Pa. Cmwlth. 68, 639 A.2d 1296 (1994) (borough authority to enact regulations with penalties under enabling statute)