AAMP WINS! Unanimous PA Supreme Court Strikes Down Pittsburgh Source of Income Ordinance!
After nearly six years of dogged determination and complex litigation, the Apartment Association of Metropolitan Pittsburgh (AAMP) has proven that the City of Pittsburgh’s “source of income” ordinance requiring landlords to accept Housing Choice (Section 8) Vouchers is illegal and unenforceable. The Pennsylvania Supreme Court issued a 7-0 decision affirming multiple lower court decisions that Pittsburgh had exceeded its authority in enacting the 2015 ordinance.
In late 2015, Pittsburgh, a Home Rule municipality, adopted an ordinance which prohibited discrimination based on “source of income,” specifically requiring landlords in the City to accept federal Housing Choice Vouchers for payment of rent. Accepting such vouchers, however, would have forced landlords to participate in the otherwise-voluntary Housing Choice Voucher program, thereby subjecting them to a litany of burdensome requirements, such as, mandating they submit their lease to the Housing Authority for approval, agree to the Housing Authority’s timeline for rent increases, and submit various forms of identification for a government-mandated background check.
In early 2016, AAMP filed a complaint in Allegheny County’s Court of Common Pleas seeking to stay the enforcement of the ordinance and asking that it be ruled invalid. The Court granted the stay and, in 2018, the court ruled in AAMP’s favor, prompting the City to appeal. In 2019, in a unanimous, en banc, decision, the Commonwealth Court affirmed the lower court’s ruling that the ordinance was invalid as the City had exceeded its statutory authority under the Home Rule and Optional Plans Law by forcing landlords to participate in the Housing Choice Voucher program.
The City appealed to the PA Supreme Court, which remanded the case back to the Commonwealth Court to consider the validity of the ordinance in light of new criteria set forth in Pittsburgh Restaurant & Lodging Association v. City of Pittsburgh, which upheld the City’s ability to require that businesses provide paid sick leave to employees. On remand in 2020, the Commonwealth Court, once again, concluded that the ordinance was invalid.
Unhappy with the decision, the City sought Supreme Court review. The Supreme Court granted the City’s petition and oral arguments were heard in April. On October 21, 2021, the Supreme Court unanimously affirmed the lower courts’ decisions, striking down the ordinance, we hope, once and for all.
Getting to this decision was a long and costly process, but one the directors and members of the AAMP felt was necessary to protect and defend the ability of landlords to operate their business without undue interference.
The 31-page majority opinion and decision issued by the court, along with a concurring opinion, is linked below. Also below are various local and national articles referencing AAMP’s successful effort on behalf of its members.
Needless to say, we are pleased by this decision and thank all our members who lent a hand in supporting this important legal action.
AAMP v. City of Pittsburgh — Majority Opinion (10/21/21)
AAMP v. City of Pittsburgh — Concurring Opinion (10/21/21)
Pa. Justices Nix Pittsburgh Law Protecting Section 8 Renters (By Matthew Santoni, Law360, 10/22/21)