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Received 07/29/2021 Supreme Court Middle District
Filed 07/29/2021 Supreme Court Middle District
IN THE SUPREME COURT OF PENNSYLVANIA
In Re: Seventh Judicial District of Pennsylvania —
No. 43 MM 2020
Bucks County Court of Common Pleas' Request
Pursuant to Pa.R.J.A. No. 1952(B)(2)(m) and (s) to
Temporarily Authorize the Court Action to Reduce
Evictions Program
Pursuant to Pa.R.J.A. No. 1952(B)(2)(m) and (s), Wallace H. Bateman, Jr., President Judge of
the Bucks County Court of Common Pleas, hereby requests the Supreme Court to temporarily
authorize implementation of the Court Action to Reduce Evictions Program and in support of his
request represents as follows:
1.
Notwithstanding the expiration of the formal judicial state of emergency in the
Commonwealth and the Seventh Judicial District, the economic and societal effects of the COVID-
19 pandemic continue.
2.
In consideration of the adverse impacts of the pandemic specific to the context of residential
tenants and in an attempt to broaden the reach and effectiveness of the Bucks County Emergency
Rental Assistance Program ("BERA"), which benefits both tenants and landlords by securing
delivery of available government funds to satisfy past and ongoing rental obligations in appropriate
cases, the Court worked with County agencies to formulate the Court Action to Reduce Evictions
program ("eviction reduction program"). See Exhibit "A," proposed Administrative Order.
3.
To summarize, the eviction reduction program provides for a mandatory 30-day continuance
of all residential landlord tenant actions for non-payment of rent in which BERA certifies that an
application for assistance has been submitted and further provides for a discretionary continuance
upon request of the defendant, without BERA certification, indicating that such an application has
been or will be made. The continuance, whether entered on a mandatory or discretionary basis, may
be extended one time for an additional thirty days, and no more than one continuance may be
imposed in any case. In practice, the nature and indicated length may bring a continuance entered
pursuant to the order into conflict with Pa.R.C.P.M.D.J. Nos. 209 (as applied to hearing) and 515-
519 (as applied to orders of possession).
4.
The BERA program has been successful in mitigating the harmful effects of eviction during
the pandemic. As of July 28, 2021:
a. BERA has received $56,134.176.00 in federal funding.
b. 1,589 applications for assistance have been submitted to BERA, of which 859 have
been approved thus far, resulting in $7,789,761.18 being distributed to landlords on
behalf of tenants and thereby allowing the tenants to avoid eviction. 102
applications are in the process of payment.
c. 402 applications remain under review. The time necessary for review varies
substantially based on the completeness of the application upon submission, but
generally review is complete in not more than 60 days.
5.
It is anticipated that with the July 31, 2021 expiration of the CDC Order imposing a
moratorium on evictions, filing activity in actions for recovery of possession of residential real
estate, including both new cases and requests for orders of possession, will increase dramatically,
creating incentive for more tenants to apply for the assistance offered by BERA. The expected
influx of new filings is in addition to the 325 hindlord/tni-Lut cases filed since the onset of the
pandemic in March 2020, that await hearing, and the 1,874 judgments entered for the plaintiff in that
timeframe, many of which have not yet proceeded to possession.
6.
The continuances contemplated by the eviction reduction program will permit courts to
better manage their caseloads and allow BERA to complete the application review process prior to
any potential eviction, thereby securing funds in appropriate cases sufficient both to satisfy landlords
and to allow tenants to retain their residences.
Wherefore, given the above and the considerations cited in the preamble of the attached
proposed administrative order, the undersigned respectfully requests that the Court enter a special
order pursuant to Pa.R.J.A. No. 1952(B)(2)(s) to authorize the Bucks County Court of Common
Pleas to implement the Court Action to Reduce Evictions program pursuant to the terms of the
attached proposed administrative order through October 31, 2021 or such other time as the Court
deems appropriate, and, pursuant to Pa.R.J.A. No. 1952(B)(2)(m) insofar as the timeframes
described therein may conflict with Pa.R.C.P.M.D.J. Nos. 209 and 515-519, to temporarily suspend
the operation of said rules as applied to matters subject to the program, for the duration of the
program.
iNa-e Al •-•
Wallace H. Bateman, Jr.
President Judge
Bucks County Court of Common Pleas
IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE: ADOPTION OF COURT
ACTION TO REDUCE
EVICTIONS PROGRAM
: ADMINISTRATIVE ORDER NO.
And now, this
day of
, 2021, upon consideration of:
ORDER
1. the continuing economic effects of the ongoing COVID-19 pandemic, including with
particular relevance to this order, job losses and the attendant income reduction or
elimination for those who have lost employment, many of whom rely on residential rental
properties to provide shelter for themselves and their families;
2. the potential negative impacts upon individuals, families and public health caused by
eviction for those who due to the above economic effects of the COVID-19 pandemic
have been unable make the timely payments required to maintain their residential rental
3. the pending July 31, 2021, expiration of the CDC Order originally issued on September 1,
2020, and most recently extended on June 24, 2021, which continuances all residential
evictions for non-payment of rent upon submission of a declaration in compliance with
arrangement;
the Order;
4. the existence of available government funds to assist both tenants facing eviction and
landlords whose rental income has been reduced or eliminated due to the combination of
the economic effects of the COVID-19 pandemic and the continuance on evictions
imposed by the CDC Order; and
5. the valuable work of the Bucks County Emergency Rental Assistance (`SERA") program
and other similar organizations for the benefit of tenants and landlords in both educating
the public regarding die availability of government assistance, and securing delivery of
funds to satisfy past and ongoing rental obligations in appropriate cases;
it is ORDERED and DECREED that the Court Action to Reduce Evictions program is
adopted as follows:
1. At any time subsequent to commencement of an action for recovery of possession of
residential real property for non-payment of rent, any party to the action, or BERA upon
consent of a party to the action, may submit a request to the presiding Magisterial District
Judge for a continuance of proceedings, which request shall be signed by a representative of
BERA and certify that the defendant has applied for emergency rental assistance. Upon
receipt by the Magisterial District Judge of such a request, all proceedings, including pending
execution on any order of possession, shall be continued for 30 days.
2. If a request for continuance pursuant to this order is not submitted by or not signed by a
representative of BERA, the Magisterial District Judge, if satisfied that a good faith application
for rental assistance has been or will be submitted to BERA or another comparable assistance
agency, may continue the matter in her or his sole discretion for 30 days.
3. In the Magisterial District Judge's sole discretion, a continuance pursuant to this order may be
extended for an additional 30 days upon request or sua sponte. One such extension of the
continuance may be granted; no further extension is permitted. No continuance shall exceed
a total of 60 days, and only one continuance pursuant to this order may be imposed in any
action.
4. Should the BERA application be denied, withdrawn, or otherwise finally determined in a
manner adverse to the applicant during the continuance period, the Magisterial District judge
may in her or his discretion terminate the continuance and the action shall proceed.
5. A continuance pursuant to this order shall be imposed only in actions for recovery of
possession of residential real property for non-payment of rent in which an application for
rental assistance has been submitted to BERA or another comparable assistance agency.
Nothing herein shall be construed to require imposition of a continuance in actions brought
for reasons other than non-payment of rent or actions in which no application for rental
assistance has been submitted.
6. A continuance imposed pursuant to this order prior to expiration of the order shall survive
the expiration of the order and may be extended as permitted above. Said continuance shall
expire 30 or 60 days from imposition as directed herein.
This order shall be effective August 1, 2021, and shall expire on October 31, 2021.
BY THE COURT:
Wallace H. Bateman, Jr.
President Judge
