Manna v. City of Erie

Opinion by

Judge Wilkinson,

This appeal arises under the “Local Agency Law,” Act of December 2, 1968, P.L. 1133, as amended, 53 P.S. §11301, and challenges the constitutionality of the City of Erie Rent Withholding Ordinance, Erie, Pa., Code §1926.01 (1968). At issue is whether due process requires that a hearing be held prior to the director of the Erie Bureau of Housing certifying a dwelling unfit for human habitation and suspending the right of the appellee-landlord to collect his rent. The lower court held that a hearing is necessary. We agree.

The City of Erie Rent Withholding Ordinance is…