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DePaul v. Kauffman

272 A.2d 500 (1971)

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DePaul v. Kauffman

Pennsylvania Supreme Court
272 A.2d 500 (1971)

DD

Facts

The Pennsylvania legislature enacted the Rent Withholding Act, which applied when a city certified a rental dwelling as unfit for human habitation. During the period that the rental dwelling was certified as unfit, the tenant deposited the rents due in an escrow account. If the rental dwelling was certified as fit within six months after the certification of unfitness, the rent funds in the escrow account were paid to the landlord. However, if the rental dwelling was not certified as fit within six months after the certification of unfitness, the rent funds in the escrow account were returned to the tenant. Peter, Eugene, and Helen DePaul (plaintiffs) were landlords of an apartment building. The City of Philadelphia certified that the building was unfit for human habitation. Pursuant to the act, the tenants deposited the rents due in an escrow account managed by Samuel Kauffman (defendant). The DePauls brought suit, contending that Kauffman was not authorized to manage the rent funds in the escrow account because the act exceeded the scope of the legislature’s power. The trial court held that the act did not exceed the scope of the legislature’s power. The DePauls appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

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