16 Pa. Commw. 586 | Pa. Commw. Ct. | 1974
Opinion by
This is an appeal from the Court of Common Pleas of Philadelphia County affirming a decision of the Philadelphia Board of License and Inspection Review (Board) which had upheld the lifting of a certification that the premises leased by Ms. Emma Wilson, appellant, were “Unfit For Human Habitation.”
The subject premises were certified unfit for human habitation on October 14, 1971 following an inspection conducted by the Department of Licenses and Inspections (Department). Thereafter the appellant began paying her rent into an escrow account in accordance with the Rent Withholding Act.
On March 27, 1972, which was within the six-month time period provided in the Act, the Department reinspected the subject property and removed the unfit certification. Ms. Wilson then appealed .the removal of the unfit certification to the Board which held a hearing and rendered an adjudication affirming the Department’s action. Upon her subsequent appeal to the Court of Common Pleas of Philadelphia Countjy pursuant to Section 7 of the Local Agency Law, Act of December 2,1968, P. L. 1133, 53 P. S. §11307, that ¿ourt affirmed the Board’s adjudication and an appeal to this Court followed.
Where the court below took no additional evidence, as was the case here, we must affirm the adjudication of the local agency unless we find that constitutional rights have been violated, errors of law have been committed, or findings of fact necessary to support the adjudication are not supported by substantial evidence. Section 8 of the Local Agency Law, 53 P. S. §11308 (b). Elko v. Civil Service Commission, 16 Pa. Commonwealth Ct. 102, 329 A. 2d 320 (1974). The credibility and weight to be accorded the evidence is, of course, a determination solely within the discretion of the local agency. Mettee v. Civil Service Commission, 6 Pa. Commonwealth Ct. 82, 293 A. 2d 147 (1972). In this case, the Rent Withholding Act confers authority upon the Department to establish standards so that the terms “unfit for human habitation”
As we review the record we find it replete with inadequacies. First, the Board failed to apply a uniform evidentiary standard during the hearing, admitting in one instance, a self-serving hearsay letter to show that the appellant interfered with the landlord in making the necessary repairs, and excluding, in another instance, photographs of conditions of the premises taken only five
It follows, therefore, that we must reverse the court below and the Board, for it is clear that the subject property was still unfit for human habitation on March 27, 1972, the date of the Department’s reinspection. A mere reversal, however, does not fully rectify the insufficiency of the proceedings before the Board below. The Board must yet determine whether or not the appellant interfered with the making of repairs, and, if such interference was present, its duration must be established so that the time periods designated in the Rent Withholding Act may be applied properly.
Accordingly, the decision of the Board and the court below is reversed and we remand to the Board for proceedings consistent with this opinion.
. Act of January 24, 1966, P.L. (1965) 1534, as amended, 35 P.S. §1700-1 (Supp. 1974-1975).
. “ [E]xeept that any funds deposited in escrow may be used, for the purpose of making such dwelling fit for human habitation and for the payment of utility services for which the landlord is obligated but which he refuses or is unable to pay.” The Rent Withholding Act, 35 P.S. §1700-1 (Supp. 1974-1975).
. One objection to the photographs, aside from the time elapsed since the reinspection, was the absence of the photographer for authentication. Two witnesses to the photographing itself were present for authentication. This was clearly sufficient. Semet v. Andorra Nurseries, Inc., 421 Pa. 484, 219 A.2d 357 (1966).
. The only clear fiinding of fact made by the Board was “[a]t the time of the lifting of the unfit, violations totaled twenty-two (22) points. However, the violations were of a minor nature, but will have to be corrected.”