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Palmer v. Alleg. Cnty. Health Dept

Commonwealth Court of Pennsylvania
Sep 19, 1975
345 A.2d 317 (Pa. Cmmw. Ct. 1975)

Summary

In Palmer, we held that the six month repair time limit established by the Rent Withholding Act was properly suspended when a landlord had been officially, but erroneously, advised that the premises had been restored to a habitable condition.

Summary of this case from Recht v. Allegheny Co. Dept. of Health

Opinion

Argued May 8, 1975

September 19, 1975.

Landlord-tenant relations — Certification of dwelling as unfit for human habitation — Escrow — Act of 1966, January 24, P.L. (1965) 1534 — Legislative purpose — Suspension of repair period — Notice to landlord of certification.

1. Under the Act of 1966, January 24, P.L. (1965) 1534, rent moneys held in escrow following certification of a dwelling as unfit for human habitation shall be paid to the depositor if such dwelling is not certified as fit for human habitation within six months of the unfit certification. [247-8-9]

2. The purpose of the Act of 1966, January 24, P.L. (1965) 1534, is to restore substandard housing to habitability swiftly and to deter landlords from permitting property to become unfit for habitation. [249]

3. The repair time limits established by the Act of 1966, January 24, P.L. (1965) 1534, are properly suspended when a landlord has been officially advised that the premises had been restored to a habitable condition until the landlord is informed that the premises were not habitable. [249]

Argued May 8, 1975, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

Appeal, No. 907 C.D. 1974, from the Order of the Court of Common Pleas of Allegheny County in case of Allegheny Health Department v. Debra Palmer, a minor, by her guardian and next friend, Jocelyn Lampman, No. SA 196 of 1974.

Escrowed rental payments ordered returned to landlord by Allegheny County Health Department. Tenant appealed to the Court of Common Pleas of Allegheny County. Appeal dismissed. POPOVICH, J. Tenant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

John W. Herold, with him Alton P. Arnold, for appellant.

Wayne D. Gerhold, Special Assistant County Solicitor, with him Stephen A. Zappala, County Solicitor, for appellee.


This is an appeal from a final order and opinion of the Court of Common Pleas of Allegheny County dismissing the appeal of Debra Palmer from an adjudication of the Allegheny County Health Department (Department). The Department had suspended the running of the six-month period during which the appellant's landlord was obligated to restore her dwelling to a habitable condition.

On August 2, 1973 the appellant's premises were inspected by the Department, and on August 8, 1973 they were certified as unfit for human habitation. The appellant then began paying her rent into an escrow account in accordance with provisions of the Rent Withholding Act, 35 P. S. § 1700-1 (Supp. 1974-1975) (Act). This act provides that when a dwelling is certified as unfit for human habitation the rent shall be held in escrow and shall be paid to the landlord when the dwelling is certified as fit for human habitation at any time within six months from the date of the unfit certification. It further provides that, "[i]f, at the end of six months after the certification of a dwelling as unfit for human habitation, such dwelling has not been certified as fit for human habitation, any moneys deposited in escrow on account of continued occupancy shall be payable to the depositor. . . ." (Emphasis added.) The six-month period would have expired here on February 8, 1974. In November of 1973, however, the premises were reinspected by the Department and were erroneously certified as fit for human habitation. Although the landlord was notified at once that the premises had been certified as fit, the appellant was not so notified until January 17, 1974. At that time the appellant requested a hearing on the matter and on February 21, 1973 it was determined that the violations from the original unfit certification had not been sufficiently abated to justify recertifying the property as fit. The appellant requested return of the escrowed rental payments because her dwelling had not been properly certified as fit within the six months from the unfit certification. The Department however, rather than authorizing return of the escrowed rental payments gave the landlord an additional 79 days to correct the violations, effectively suspending the running of the six-month period from November 21, 1973 when the landlord was erroneously informed by the Department that the dwelling was fit for human habitation to February 8, 1974, the date when the six-month period would have otherwise expired. The landlord then made all of the required corrections within this 79-day extension.

Act of January 24, 1966, P. L. (1965) 1534, as amended.

The appellant appealed to the Court of Common Pleas and argued that the Rent Withholding Act mandates without exception that rent money held in escrow must be returned to the depositor when the dwelling has not been recertified as fit within six months from the date of the original unfit certification. The Court of Common Pleas, however, affirmed the decision of the Department and this appeal followed. We also affirm.

As the appellant indicates, the purpose of the Rent Withholding Act is to restore substandard housing to a reasonable level of habitability as swiftly as possible and to deter landlords from allowing their property to degenerate into a condition unfit for habitation in the first place. Depaul v. Kauffman, 441 Pa. 386, 272 A.2d 500 (1971); Klein v. Allegheny County Health Department, 441 Pa. 1, 269 A.2d 647 (1970). Neither of these purposes, however, would be adequately served by applying the rigid six-month rule as suggested here by the appellant where during part of that period the landlord had been led to believe that the uninhabitable conditions had already been abated. In Wilson v. City of Philadelphia. 16 Pa. Commw. 586, 329 A.2d 908 (1974) we held that when a tenant interferes with a landlord attempting to make repairs the running of the six-month period established by the act should be suspended for the duration of the interference. Here where the landlord was officially informed that he had restored the premises to a habitable condition, the six-month period should also be suspended until he has been similarly informed that the premises were not made habitable. To hold otherwise would be to penalize the landlord for noncompliance with the statute where his noncompliance resulted through no fault of his own. The decision of the court below is, therefore, affirmed.


Summaries of

Palmer v. Alleg. Cnty. Health Dept

Commonwealth Court of Pennsylvania
Sep 19, 1975
345 A.2d 317 (Pa. Cmmw. Ct. 1975)

In Palmer, we held that the six month repair time limit established by the Rent Withholding Act was properly suspended when a landlord had been officially, but erroneously, advised that the premises had been restored to a habitable condition.

Summary of this case from Recht v. Allegheny Co. Dept. of Health
Case details for

Palmer v. Alleg. Cnty. Health Dept

Case Details

Full title:Debra Palmer, a Minor, by her Guardian and next Friend, Jocelyn Lampman…

Court:Commonwealth Court of Pennsylvania

Date published: Sep 19, 1975

Citations

345 A.2d 317 (Pa. Cmmw. Ct. 1975)
345 A.2d 317

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