Legal Question in Real Estate Law in Pennsylvania

Re: Are dumb laws really able to be enforced?

It depends on what kind of law they are. For example, most municipalities have zoning laws that restrict the number of unrelated people (as opposed to immediate family) who may live in one house. The number of people living in one house might dramatically change the character of a neighborhood, by causing more traffic, noise, etc. However, if the law is discriminatory and bears no relationship to permitted factors in zoning, it may be challenged.

Other, antiquated laws may have had other activites in mind. If circumstances have changed since the enactment of those laws, often they are totally disregarded. But they may also be challenged by property owners, residents, or people who want to buy the property to develop it.

The laws must be viewed in the context of all of the conditions, both at the time of enactment, and currently, to determine if there is a reason to set them aside.

Of course, legislative bodies also have the power and authority to change laws. Sometimes, they have even been known to repeal "dumb" laws!

The danger with keeping dumb laws on the books is that, while they are ignored for the most part, they may be applied in a discriminatory manner. That's the best reason for getting rid of them.

Re: Are dumb laws really able to be enforced?

First you have to understand what type of law we are talking about. I beleive the statutue you are referring to was devised because it meant to refrain prostitution any house where more than 16 women reside can or should be considered a house of prostitution or in the early 1900's a brothel.

Now the question is is that state law or does the township where your college resides have it as local ordinance. Since I believe Penn State has sorority houses than I have a tendency to think you are a referring to local ordinance.

The best way to determine if the law is enforced is to ask the local authorities (police or mayor) if they would enforce it. There are numerous laws out there than people passed a 100 years ago that are never enforced but no one revises them because of the amount of work involved.

Even if they try to enforce it you may be able to have the court overrule the statutue on a civil liberitys grounds but be preapred to pay the cost to defend your case.