The Constitutionality of Philadelphia's Windows and Doors Ordinance
The Pennsylvania Supreme Court recently handed down an opinion of great interest to anyone who owns a vacant property or is considering purchasing one that may be characterized as blighted by the city of Philadelphia.
October 08, 2018 at 12:53 PM
8 minute read
The Pennsylvania Supreme Court recently handed down an opinion of great interest to anyone who owns a vacant property or is considering purchasing one that may be characterized as blighted by the city of Philadelphia. On Sept. 13, the court issued Rufo and TR Gertz (owners) v. Board of License and Inspection Review and Philadelphia (No. 22 EAP 2017). The Philadelphia Court of Common Pleas and the Commonwealth Court held that an ordinance referred to by the parties as “the Windows and Doors Ordinance” was an unconstitutional exercise of the city's police power to combat urban blight. Both courts found that the Ordinance concerned a matter beyond its power—regulating the aesthetic appearance of vacant buildings—as opposed to addressing safety risks posed by blight. Our Supreme Court reversed.
The owners found themselves in a precarious position due to noncompliant windows and doors. After the city cited them for violating the ordinance, they filed an appeal with the Board of License and Inspection (board), alleging the subject ordinance violates their substantive due process rights.The owners claimed the purpose of the ordinance was to compel a property owner to make a property aesthetically pleasing, rather than safe, a purpose that is beyond the valid exercise of a municipality's police power. The ordinance, in relevant part, requires the owner of any building, deemed a blighting influence, “shall secure all spaces designed as windows with windows that have frames and glazing and all entryways with doors. Sealing such property with boards or masonry or other materials … shall not constitute good repair or being locked fastened or otherwise secured pursuant to this subsection,” Section PM-901.2 (formerly PM-306-2).
A blighting influence (currently designated as a “blighting problem”) is defined as follows: A vacant building that lacks windows with frames and glazing and lacks one or more doors in entryways of the building if: the department has provided 20 days notice to the owner of the property that the commissioner of licenses and inspections has determined, in consultation with other city officials as appropriate, that the lack of windows or entry doors has a significant adverse influence on the community based on the following factors: deterioration and safety of the property; safety of the surrounding community; the value of intact, occupied properties in the surrounding vicinity of the property; marketability of the property; and community morale.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFifth Circuit Sides With Fourth Circuit and Rules That Discharge Exceptions Apply to Corporate Subchapter V Debtors
7 minute readOne Word May Make All the Difference for Lifers Convicted of Felony Murder
6 minute readState Supreme Court Clarifies Special Immigrant Juvenile Practice in Pa.
9 minute readTrending Stories
- 1'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
- 2What We Know About the Kentucky Judge Killed in His Chambers
- 3Ex-Prosecutor and Judge Fatally Shot During Attempted Arrest on Federal Corruption Charges
- 4Judge Blasts Authors' Lawyers in Key AI Suit, Says Case Doomed Without Upgraded Team
- 5Federal Judge Won't Stop Title IX Investigation Into Former GMU Law Professor
Who Got The Work
Greenberg Traurig shareholders Christina M. Carroll and A. Michael Pratt have entered appearances for the Secretary of the Pennsylvania Department of Banking and Securities, Wendy Spicher in a pending civil rights lawsuit. The case, filed Aug. 13 in Texas Northern District Court by Troutman Pepper Hamilton Sanders; Ashcroft Sutton Reyes; and Locke Lord on behalf of TMX Finance Corporate Services, seeks to challenge the secretary’s ongoing attempt to regulate commercial lending activity outside the Commonwealth of Pennsylvania. The suit furthers contends that the secretary issued an investigative subpoena to TMX for potential violations of the Pennsylvania Loan Interest and Protection Law and the Consumer Discount Company Act despite TMX's business activities not being governed by such. The case, assigned to U.S. District Judge David C. Godbey, is 3:24-cv-02054, TMX Finance Corporate Services Inc v. Spicher.
Who Got The Work
Joseph J. Mueller and Rachel Bier of Wilmer Cutler Pickering Hale and Dorr have entered appearances for Omachron Alpha, Omachron Intellectual Property and SharkNinja Operating in a pending patent infringement lawsuit. The action, filed Sept. 16 in Massachusetts District Court by Kirkland & Ellis, asserts three patents in connection with SharkNinja's sale of the 'Vertex' and 'Stratos' cordless vacuum cleaners. The case, assigned to U.S. District Judge Allison D. Burroughs, is 1:24-cv-12373, Dyson, Inc. et al v. SharkNinja, Inc. et al.
Who Got The Work
Shloime Fellig of Latham & Watkins has entered an appearance for Ardelyx the company's CEO and CFO in a pending securities class action related to Xphozah, a drug which treats kidney disease and end-stage renal disease. The complaint, filed Aug. 16 in Massachusetts District Court by Pomerantz LLP, contends that the defendants failed to disclose that the company would not be seeking the drug’s acceptance into the Transitional Drug Add-on Payment Adjustment, a bundled payment system regulated by the Medicare Improvements for Patients and Providers Act. The case, assigned to U.S. District Judge Leo T. Sorokin, is 1:24-cv-12119, Yarborough v. Ardelyx, Inc. et al.
Who Got The Work
Alexander P. Ott, Megan Corrigan and Karen Gover of McDermott Will & Emery have entered appearances for Analog Devices, a Massachusetts-based manufacturer of semiconductor processing equipment, in a pending patent infringement lawsuit. The suit, which asserts two patents, was filed July 9 in Massachusetts District Court by Arrowood LLP and the Devlin Law Firm on behalf of Ocean Semiconductors. The case, assigned to U.S. District Judge Patti B. Saris, is 1:24-cv-11759, Ocean Semiconductors LLC v. Analog Devices Inc.
Who Got The Work
Forrest M. 'Teo' Seger of Clark Hill has entered an appearance for Equifax Information Services in a pending lawsuit for claims under the Fair Debt Collection Practices Act. The case was filed Aug. 13 in Texas Western District Court by Halvorsen Klote on behalf of Quinton Humphrey. The case, assigned to U.S. District Judge Fred Biery, is 5:24-cv-00892, Humphrey v. LVNV Funding, LLC et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250