In re: Appeal of N. Patterson ~ From Decision of The City of Philadelphia Fair Housing Commission ~ Appeal of: N. Patterson
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 30, 2026
Docket513 C.D. 2024
JudgeWolf
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
In re: Appeal of Nyzinga Patterson :
:
From Decision of :
The City of Philadelphia :
Fair Housing Commission : No. 513 C.D. 2024
:
Appeal of: Nyzinga Patterson : Submitted: March 3, 2026
BEFORE: HONORABLE LORI A. DUMAS, Judge
HONORABLE MATTHEW S. WOLF, Judge
HONORABLE MARY HANNAH LEAVITT, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE WOLF FILED: October 30, 2026
Nyzinga Patterson, (Tenant) an unrepresented litigant, appeals to this Court
from an April 29, 2024 order of the Court of Common Pleas of Philadelphia County
(trial court) denying her appeal from a prior order by the Philadelphia Housing
Commission (Commission), which ordered Tenant to pay $7,200.00 in back rent to
her former Landlords, Niraj Agarwal and Pearl Mathew (Landlords).1 Tenant
contends that the trial court erred by finding that Landlords held a proper rental
suitability certificate and by disregarding Tenant’s right as a tenant to a habitable
dwelling. Because the trial court’s conclusions are supported by substantial
evidence and legally sound, we affirm.
1
Below, the trial court granted Landlords’ Praecipe to Intervene in the instant matter “given
their standing as aggrieved parties.” Trial Ct. Op. at 6.
I. Background
The following facts are not in dispute. In December 2019, Tenant signed a
lease agreement with Landlords for a rental unit at 2107 East Lehigh Avenue in
Philadelphia. Original Record (O.R.) at 10. Pursuant to the lease, Tenant made a
payment of $42,881.61, which included $39,420.00 for 18 months of rent covering
the period from January 1, 2020, to June 30, 2021; $1,271.00 in prorated rent for a
portion of December 2019; and a $2,190.00 security deposit. Id. at 11. On April 12,
2021, the parties agreed to renew their lease agreement for the period beginning on
July 1, 2021, and ending on June 30, 2022. Id. Pursuant to a second lease renewal,
signed by the parties on April 30, 2022, Tenant’s rent was increased from $2,190.00
to $2,400.00 monthly, from July 1, 2022, through June 30, 2023. Id. Landlords
received rent from Tenant through March 2023 but none for April, May, or June
2023. Id.
In March 2023, at Tenant’s request, Landlords sent her a copy of a Certificate
of Rental Suitability (CRS) pursuant to Section 9-3903(1)(a) of the Philadelphia
Code (Code).2 O.R. at 11. The effective dates of the CRS of which Tenant received
a copy were March 13, 2023, to June 11, 2023. Id. Landlords then sent Tenant a
nonrenewal notice on April 16, 2023, informing her that their lease agreement would
not be renewed beyond the June 30, 2023 end of term. Id. On May 19, 2023, Tenant
submitted a Fair Housing Complaint (Complaint) to the Commission; therein, she
alleged that Landlords declined to renew the lease agreement in retaliation for her
request that Landlords provide a rental license and banking data. Id. at 12. Tenant
2
Section 9-3903(1)(a) of the Code provides that the owner of any property rented for
residential occupancy must provide tenants with a copy of the Certificate of Rental Suitability and
of the City’s Good Housing Handbook “no more than sixty days prior to the inception of the
tenancy.” Phila. Code § 9-3903(1)(a).
2
also contended that Landlords failed to furnish a lead certificate as required by Code
Section 6-803(3).3 Id. at 11. While the matter was pending before the Commission,
Tenant voluntarily vacated the property and relinquished possession to Landlords on
June 30, 2023. Id. at 12.
The Commission held a hearing on the matter on July 25, 2023. Id. at 45. At
the hearing, Landlords, through counsel, argued that Tenant’s lease was not renewed
because she was “habitually late in payments of rent” and “engaged in a verbally
combative way with representatives of OCF [Realty],” Landlords’ property
manager. Id. at 49. Landlords further argued that Tenant’s retaliation allegation was
in any case moot, as she had already vacated the property on her own. Id. Tenant
rejoined that Landlords were uncooperative in her efforts to ensure their compliance
with the Code’s requirements of landlords. Id.
In a July 31, 2023 final order, the Commission ruled that Tenant was to pay
Landlords $7,200.00 in back rent by August 4, 2023. Id. at 13. The Commission
explained that, while Landlords would be barred from recovery of back rent during
the period when they did not hold a rental license, they came into compliance with
that requirement on March 13, 2023; thus, the entire three-month period of
nonpayment by Tenant (April, May, and June 2023) occurred at a time when
Landlords were in compliance with the law. Id. As for Landlords, the Commission
directed them to return Tenant’s $2,190.00 security deposit or a reduced amount
accompanied by an itemized account of tenant damages. Id. The Commission
further found that Landlords were not required to furnish Tenant with a lead
certificate, as the rental property was built in 2018, well after the 1978 cutoff for the
3
Section 6-803(3) of the Code requires all landlords leasing residential properties built before
1978 to obtain a certification that the property is lead safe. Phila. Code § 6-803(3).
3
requirement. Id. Finally, the Commission dismissed as moot Tenant’s retaliation
charge, given that she had already voluntarily vacated the property. Id.
Tenant appealed to the trial court, which held its own hearing on April 29,
2024. See Trial Ct. Tr. at 4. At the hearing, Tenant contended that the CRS which
Landlords supplied in March 2023 was neither signed nor executed and therefore
invalid. Id. at 11-12. Rejecting that contention, the trial court noted that a “[CRS]
that has been dated and signed in March was submitted to the [C]ommission.” Id.
at 13.
In its April 29, 2024 order, the trial court denied Tenant’s appeal “due to lack
of merit.” Tenant’s Br., App. 1, Trial Ct. Order. In an opinion provided to this Court
pursuant to Pa.R.A.P. 1925(a), the trial court explains that Tenant’s “single claim
referencing the unsigned copy of the CRS that had been initially submitted . . . did
not comport with the Certified Record nor with [Tenant’s] sworn testimony before
the Commission.” Trial Ct. Op. at 10. The trial court notes that Tenant’s own
Complaint to the Commission raised no signature issue but only acknowledged that
Tenant was provided with copies of a rental license and a CRS in March 2023. Id.
at 11. “Since all parties confirmed in multiple ways to the Commission that the
required CRS had been provided to [Tenant] on March 13, 2023,” the trial court
concludes that “the Commission had acted well within its discretion as factfinder.”
Id. at 12. Because of Tenant’s “failure to present any convincing legal arguments or
credible evidence to contradict the Commission’s findings,” the trial court maintains
that it properly denied Tenant’s appeal. Id. at 13. This appeal followed.4
4
The standard of this Court’s review where a trial court takes evidence de novo in an appeal
from a local agency adjudication is to determine whether the trial court manifestly abused its
discretion, committed error of law, or violated constitutional rights. McLaughlin v. Centre Cnty.
Housing Auth., 616 A.2d 1073, 1074 n.3 (Pa. Cmwlth. 1992).
4
II. Discussion
Section 9-3902(1)(a) of the Code provides that no person may offer for rent a
one-family dwelling without first obtaining a housing inspection license from the
Department of Licenses and Inspections (L&I). Phila. Code § 9-3902(1)(a). Further,
Section 9-3901(1)(e) provides that no person shall collect rent with respect to any
property required to be licensed pursuant to the Code unless a valid license is issued
for each property. Id. § 9-3901(1)(e); see Philadelphia Code, PM–102.6.4.
Reviewing courts have held that, while the latter provision bars a landlord from
recovering unpaid rent while the landlord failed to comply, it “does not . . . provide
the tenant with a legal right to require the landlord to disgorge any rents that the
landlord had collected from the tenant during the period of noncompliance.”
Ricchetti v. Ellis, (C.P. Phila., No. 130502703, filed September 7, 2016), aff’d (Pa.
Super., 353 E.D.A. 2015, filed June 27, 2017).
Instantly, the trial court found that Landlords were out of compliance from the
beginning of Tenant’s tenancy until March 13, 2023, when they obtained a rental
license from L&I effective on that date. Tenant paid rent for March 2023 but failed
to do so for the last three months of her tenancy: April, May, and June 2023. Because
Landlords were in compliance with Section 9-3902(1)(a) during that period, the trial
court found that back rent was owed by Tenant to Landlord for those three months.5
Accordingly, the trial court dismissed Tenant’s appeal of the Commission’s final
order.
On appeal to this Court, Tenant raises two issues for our disposition. First,
Tenant maintains that Landlords’ signature was missing from the copy of the CRS
5
It is not clear from the record whether Landlords—whose March 13, 2023 rental license was
only effective until June 11, 2023—renewed their licensure for the last 20 days of Tenant’s term.
Tenant does not contend that Landlords were out of compliance for that period, however.
5
that she received in March 2023; alternately, Tenant suggests that a signature was
present but that it was “forged.” Tenant’s Br. at 6 (unpaginated). Tenant explains
that the trial court’s failure to address the issue “undermines the integrity of the
certification process and violates tenants’ rights to safe and habitable housing.” Id.
Because Tenant “presented credible evidence” of Landlords’ noncompliance with
Section 9-3903(1)(a), she maintains that the trial court erred by dismissing her
appeal.
We disagree, as it is not for Tenant to determine what evidence is credible;
that function in this case was performed by the trial court. See McLaughlin v. Centre
Cnty. Hous. Auth., 616 A.2d 1073, 1075 (Pa. Cmwlth. 1992) (explaining that,
following a de novo hearing, “a trial court . . . must act as a nisi prius court” by
weighing the evidence on its own). If Tenant had wished to contest the validity of
Landlords’ CRS, whether because of an allegedly absent or forged signature, the
time to do so was before the Commission. Thus, we see no reason to disturb the trial
court’s finding that the CRS was valid as of March 13, 2023.
Tenant’s second appeal argument is reproduced here in full:
The decision conflicts with established law because it disregards the
Philadelphia Code’s mandate that tenants are entitled to a habitable
dwelling. The presence of habitability issues, which the court failed to
address adequately, further undermines the validity of the landlord’s
claims.
Tenant’s Br. at 7 (unpaginated).
It is well settled that this Court will decline to address arguments that a party
has failed to develop. Goldata Comput. Servs., Inc. v. Dep’t of Banking and Sec.,
350 A.3d 278, 298 n.26 (Pa. Cmwlth. 2025) (citing Pa.R.A.P. 2119). Here, Tenant’s
brief states only the issue as recited above, but has no accompanying legal or factual
6
argument. Without more, this Court cannot engage in meaningful appellate review
of the purported issue raised. Accordingly, Tenant’s second issue on appeal is
waived.
III. Conclusion
Based on the reasons set forth above, we affirm the trial court.
_____________________________________
MATTHEW S. WOLF, Judge
7
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
In re: Appeal of Nyzinga Patterson :
:
From Decision of :
The City of Philadelphia :
Fair Housing Commission : No. 513 C.D. 2024
:
Appeal of: Nyzinga Patterson :
ORDER
AND NOW, this 30th day of October 2026, the order of the Court of
Common Pleas of Philadelphia County in the above-captioned matter, dated April
29, 2024, is hereby AFFIRMED.
_____________________________________
MATTHEW S. WOLF, Judge