Landlord group sues Pittsburgh, city council over eviction moratorium

An organization representing landlords in the region is suing Pittsburgh City Council over its passing of an eviction moratorium to protect renters from eviction amid the ongoing covid-19 pandemic.

The lawsuit, filed by the North Huntingdon-based Landlord Services Bureau, claims the ordinance passed by council earlier this week goes beyond the powers granted to the city by state law.

The ordinance, which had been in the works since January, prevents landlords from evicting tenants for failure to pay because of pandemic-related loss of income or medical expenses. It also prevents landlords from refusing to renew a lease in those situations, too.

The ordinance allows for the ban to remain in place so long as the city-declared pandemic emergency is as well. The latest extension of the declaration runs through March 16.

According to the lawsuit, state law dictates that municipalities with a home rule charter – which Pittsburgh has – “shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers … except as expressly provided by” state law.

The lawsuit contends the city ordinance goes against that, placing undue responsibilities and requirements on rental owners and forces landlords to stay in or renew contracts. For landlords that want to evict tenants for public safety reasons, the city’s Commission on Human Relations will determine whether they have a case.

“In effect, rental property owners in (Pittsburgh) are forced to renew rental agreements with tenants, which is contrary to the most basic principles of contract law in that parties cannot be forced to continue contractual relationships,” the landlord group wrote in the lawsuit.

The lawsuit seeks to have state court declare the eviction moratorium illegal and unconstitutional. It also asks for an injunction barring its enforcement in the meantime.

City council, in plotting the ordinance, acknowledged that state law limits how they can legislate such issues.

A review by the city’s law department, which wasn’t publicly discussed in detail at Tuesday’s council meeting, addresses those issues. For weeks, Councilwoman Deb Gross, Mayor Bill Peduto’s Assistant Chief of Staff Lindsay Powell and others had been working to craft a temporary law that can potentially withstand a court challenge.

A spokesman for the mayor’s office declined to comment on the litigation.