Federal Judge Dismisses Pa. Landlord’s Civil Rights Claim Against Town

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Date: 20 June 2007

Federal Judge Dismisses Pa. Landlord’s Civil Rights Claim Against Town

Related Document: _Order - MOL-0706-14_

(http://www.harrismartin.com/pdfs/MOL-0706-14.pdf) (PDF format)

PHILADELPHIA — A federal magistrate judge has dismissed civil rights claims

brought by property owners against a township that refused to issue a rental

license and cited them for renting the property without a license or man

datory mold inspection. Doherty v. Haverford Township, et al., No. 06-4864

(E.D.

Pa.).

Magistrate Judge R. Strawbridge of the U.S. District Court for the

Eastern District of Pennsylvania also dismissed and Doherty’s

claim

of malicious prosecution against Haverford Township and remanded the case to

state court for further proceedings on the Dohertys’ remaining claims against

the township's insurance carriers.

The Dohertys sued Haverford in Pennsylvania Court of Common Pleas after the

township cited them for renting a single family residence without first

obtaining a rental license from the township.

The township inspector visited the residence and declined to issue the

permit. He submitted a report asking for additional repairs and noting the

absence

of an environmental report, including the mold inspection.

When the township learned that the Dohertys’ new tenants were residing in

the property, it conducted a second inspection and, while it did not ask that

the tenants be removed, issued the citation for failure to obtain a permit.

After a hearing in September 2006, the Dohertys were found guilty of failing

to register a rental unit.....

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