IN THE SUPREME COURT OF PENNSYLVANIA 
WESTERN DISTRICT 
 
IN RE: FIFTH JUDICIAL DISTRICT    : 
TEMPORARY PROCEDURES 
  : 
REGARDING CERTAIN RESIDENTIAL : 
LANDLORD TENANT ACTIONS  
  : 
 

 

 

 No. 23 WM 2020 

ORDER OF COURT 
 

    AND  NOW,  this  4th  day  of  September  2020,  pursuant  to  Pa.R.J.A.  No. 

1952(B)(2),  this  Court  having  declared  a  judicial  emergency  in  the  Fifth 

Judicial District of Pennsylvania through December 31, 2020, recognizes that 

rent assistance through the CARES Rent Relief Program and other programs 

is available for landlords and tenants in Allegheny County and that landlords 

and tenants may require time to apply for such assistance and additional time 

for their applications to be processed.  This Court further recognizes that on 

September  4,  2020,  the  Center  for  Disease  Control  and  Prevention  (CDC)  

issued  an  Order  temporarily  halting  certain  evictions  nationwide  to  prevent 

further spread of COVID-19.  Therefore, the following is hereby ORDERED, 

ADJUDGED and DECREED. 

    Residential landlord tenant actions will be accepted for filing within the Fifth 

Judicial District pursuant to the applicable statutes and rules governing those 

actions subject to the restrictions in this Order and the CDC Order. 

I. 

Applicable Procedures When CDC Order Does Not Apply 

    The  procedures  below  apply  to  those residential 

landlord  tenant 

actions at a Magisterial  District  Courts where  the  action  is  based  on  non-

payment of rent and where the CDC Order is not applicable to the matter. 

 

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1.  Initial hearing dates for residential landlord tenant actions filed at the 
Magisterial  District  Courts  where  the  action  is  based  solely  on  non-
payment  of  rent  shall  be  scheduled  at  the  latest  available  landlord 
tenant  court  date  consistent  with  Pa.R.C.P.M.D.J.  504  and  may  be 
scheduled up to seven (7) days beyond the time limit set forth in Rule 
504, if the Magisterial District Judge finds it necessary due to the volume 
of cases already scheduled. 

2.  On such cases, if at the initial hearing, the tenant provides an affidavit 
or  testifies  under  oath  affirming  that  the  tenant  has  submitted  or  will 
submit an application for rental assistance under the CARES Rent Relief 
Program or any of the other available rental assistance programs, the 
initial hearing date shall be used to conduct a status conference rather 
than  a  hearing.  During  this  status  conference,  the  CARES  Rent  Relief 
Program or other program shall be considered by the parties who shall 
determine if they will move forward with an application. 

3.  If both parties agree to move forward with an application through the 
CARES  Rent  Relief  Program  or  other  available  rental  assistance 
program, the hearing shall be continued to allow for sufficient time for 
the  application  to  be  processed  as  agreed  to  by  the  parties  and  the 
Magisterial  District  Judge.    Multiple  continuances  may  be  granted  so 
there is sufficient time for the application to be processed and the relief 
to be provided. A hearing shall not occur until the application has either 
been granted, denied or withdrawn. 

4.  If, during the status conference, the parties do not both agree to move 
forward with an application, the case may be postponed to a new date 
for a hearing on the matter or the Magisterial District Judge may, in his 
or her discretion, continue the hearing to allow for an application to be 
made and processed.   

5.  Application  for  COVID-19  related  rent  assistance  through  the  CARES 
at 
can 

online 

made 

Rent 
be 
https://covidrentrelief.alleghenycounty.us.  

Program 

Relief 

6.  Additional information about other rental assistance programs may be 

found at the following links: 

 

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  https://www.ura.org/pages/covid-19-resources-for-residents 

  https://www.alleghenycounty.us/human-services/index.aspx 

  https://renthelppgh.org/ 

II.  Applicable Procedures When CDC Order Does Apply 

    The  procedures in  this  section apply  to residential 

landlord  tenant 

actions at a Magisterial District Court or the Court of Common Pleas where the 

action  is  based  on  non-payment  of  rent and  the  tenant  complies  with  the 

requirements of the CDC Order. 

    Prior  to  accepting  a  new  residential  landlord  tenant  action  for  filing  the 

Court shall require a landlord to sign an affidavit stating whether or not they 

have received a Declaration Form from the tenant pursuant to the CDC Order.  

    If a tenant complies with the requirements of the CDC Order and provides 

a copy of  the Declaration Form required under  the CDC Order to the Court, 

or if the  Court  otherwise  determines  that  the  tenant  has  provided  such 

a Declaration Form to the landlord: 

1.  In cases at the Magisterial District Court, the action may be accepted 
for filing, but the case shall be stayed until after the expiration of the 
CDC Order. However, in order to give the parties an opportunity to also 
consider available rental assistance, the initial hearing date may still be 
used  to  conduct  a  status  conference  rather  than  a  hearing  and  the 
CARES Rent Relief Program or other program shall be considered by the 
parties.    Following  this  status  conference,  the  matter  shall  be  stayed 
until after the expiration of the CDC Order;  

2.  In cases at the Court of Common Pleas, the action may be accepted for 
filing, but the case shall be stayed until after the expiration of the CDC 
Order; 

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3.  A  Writ  or  Order  of  Possession  shall  not  be  issued  and  any  previously 
issued Writ or Order of Possession shall be considered stayed and shall 
not be executed until after the expiration of the CDC Order;   

    Information regarding the CDC Order and a downloadable Declaration Form 

for use by a tenant can be found at https://www.cdc.gov/coronavirus/2019-

ncov/covid-eviction-declaration.html.  For questions regarding the CDC Order, 

tenants or landlords may call the CARES Rent Relief Hotline at 412.248.0021. 

    This Order shall become effective on September 4, 2020 and shall remain 

in effect until further Order of Court. 

BY THE COURT: 

Kim Berkeley Clark 
President Judge 

,P. J. 

 

 
 
 

 

 

   

 
 

 

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