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Penn State Fraternity Sues Landlord After Being Locked Out of House

State College - centre county courthouse 7-25-24

The Centre County Courthouse in Bellefonte. File photo by Geoff Rushton | StateCollege.com

Geoff Rushton

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A lawsuit filed on Thursday says members of a Penn State fraternity were left scrambling for a place to live just before the start of the fall semester after they were locked out of their State College house on move-in day.

The Chi Chapter of Alpha Phi Delta alleges property manager Greek Housing Services and owner 329 Prospect Ave. Corp. illegally barred the fraternity from the residence because of a lease dispute.

The fraternity also filed for an emergency preliminary injunction to be allowed access to the house at 329 E. Prospect Ave.

According to the complaint filed in the Centre County Court of Common Pleas, Alpha Phi Delta signed a seven-year master lease for the house in 2021, with terms that required the chapter to secure an increasing number of individual housing contracts for chapter members each year. For 2026, the fraternity was required to have 55 housing contracts, but did not reach that number.

The lease, however, had no provision for what would happen if the required number of housing contracts was not met, attorney Carolyn Fenton wrote, and the fraternity’s executive group attempted to negotiate a resolution with Mark Maloney, who the complaint identifies as leader of the property management and ownership companies.

Maloney suggested increasing the number of housing contracts to 57 and using $40,000 of a $100,000 security deposit to cover “crash pad” leases to offset the shortage, a proposal the fraternity repeatedly declined, according to the filing.

A March 5 email from Maloney and the chapter president said the fraternity was in a “developing crisis” for housing for the 2026-27 academic year with only 27 housing contracts signed at the time.

Members and their families arrived on Tuesday to find the house locked, with Maloney telling them they were in default and would not be granted access. The lockout, Fenton wrote, is an illegal “self-help eviction” without court authorization.

One member, Fenton wrote, has type 1 diabetes and needed to refrigerate his insulin. Rather than allowing him inside, Maloney had workers place a refrigerator on the porch, according to the complaint.

The fraternity also claims Greek Housing Services owes the chapter a $5,000 penalty payment for failing to complete a bathroom renovation by Aug. 18.

The lawsuit alleges breach of contract, intentional infliction of emotional distress and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

A hearing on the fraternity’s request for a preliminary injunction is scheduled for Aug. 25.

Maloney could not be reached for comment.