The United States District Court for the Eastern District of Pennsylvania has held Pennsylvania's statutory distraint procedure facially unconstitutional in violation of the due process clause of the fourteenth amendment, since the procedure permitted a landlord, acting upon his unilateral claim that rent is owing, to levy on property found on a tenant's premises while only requiring the landlord to give his tenant notice within five days following the distraint.
Gross v. Fox, 349 F. Supp. 1164 (E.D. Pa. 1972).
David S. Pollock,
Constitutional Law - Landlord-Tenant Law - Due Process - Tenant's Due Process Right to Notice and an Opportunity to Be Heard Prior to Distraint of Tenant's Property,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol12/iss3/13