MANNA ET AL. v. CITY OF ERIE ET AL.

No. 214 C.D. 1976.

27 Pa.Commw. 396 (1976)

Michael Manna and Florence Manna v. City of Erie, Mayor's Office of Community Affairs, Department of Public Safety, Division of Housing and Rent Withholding; and Gertrude Henry. Michael and Florence Manna, Appellants.

Commonwealth Court of Pennsylvania.

December 8, 1976.


Attorney(s) appearing for the Case

J. Steven Xanthopoulos, for appellant.

Robert D. Hain, Assistant City Solicitor, for appellee.

Argued October 27, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, December 8, 1976:

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...

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