Court Ruling Shakes Rental Inspections, But Pottstown Vows Safety Stays

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POTTSTOWN, PA — Pottstown officials are weighing their next legal steps after a recent Commonwealth Court ruling reshaped how the borough may conduct routine rental inspections, a decision local leaders say does not dismantle the town’s rental oversight system or its commitment to tenant safety.

The borough said it is reviewing the implications of the court order, which affects the process for obtaining an administrative warrant when a landlord or tenant refuses consent for a routine inspection. Officials stressed that the ruling does not revoke or invalidate Pottstown’s Rental Ordinances, which continue to require landlords to obtain rental licenses, comply with all local regulations, and maintain properties in accordance with building, fire, electrical, plumbing, and property maintenance codes.

Routine rental inspections remain central to the borough’s housing enforcement strategy, particularly because tenants still have the right to consent to inspections. Borough officials said those inspections play a critical role in ensuring that rental properties meet basic health and safety standards, including working smoke detectors, safe electrical systems, and functional plumbing.

Pottstown adopted its Rental Ordinances to protect the health, welfare, and safety of residents, with a focus on tenants who may be reluctant to report unsafe conditions out of fear of retaliation or eviction. The borough said systematic inspections are designed to identify hazards before they lead to injuries, fires, or deteriorating living conditions that can affect entire neighborhoods.

While acknowledging the court’s decision, the borough said it remains concerned that limiting the ability to inspect properties when consent is refused could increase risks to tenants and the broader community. Officials said municipalities must retain tools to ensure housing safety when voluntary access is denied.

The borough is now considering all available legal and legislative responses, including the possibility of asking the Pennsylvania Supreme Court to review the case.

In the interim, Pottstown’s Department of Licenses and Inspections will continue responding to tenant complaints and concerns. Officials encouraged tenants to remember that they may consent to inspections and should not hesitate to contact the borough if they believe their homes are unsafe or out of compliance.

Borough leaders said they recognize the ruling has raised questions among tenants, landlords, and residents. Additional guidance and frequently asked questions are expected to be posted on the borough’s website in the coming weeks as officials continue to assess the full impact of the court’s decision.

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