Apartment Assoc. of Metropolitan Pittsburgh, Inc., v. The City of Pittsburgh
Apartment Assoc. of Metropolitan Pittsburgh, Inc., v. The City of Pittsburgh (Supreme Court of Pennsylvania, Western District, Oct. 21, 2021): The Supreme Court of Pennsylvania struck down a Pittsburgh ordinance that attempted to add source-of-income discrimination to an existing city law that prohibits housing discrimination based on race, familial status, or disability. Pittsburgh is a home rule jurisdiction with broad public health authority, but that authority is limited as to regulation of businesses. Specifically, a state law referred to as the “Business Exclusion” prohibits local governments from imposing duties, responsibilities, or requirements on businesses unless there is a state statute that provides express or implied authority to the local government. Landlord organizations challenged the source-of-income ordinance claiming that the City was imposing a restriction on businesses without a basis of authority in state law. The Pennsylvania Supreme Court agreed, finding that no state statute supported the City’s authority to impose source-of-income restrictions on landlords. Read the full decision here.
View all cases in the Judicial Trends in Public Health – November 15, 2021.
View all cases under “Source & Scope of Public Health Legal Powers.”