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Received 11/8/2021 7:36:39 PM Supreme Court Eastern District
Filed 11/8/2021 7:36:00 PM Supreme Court Eastern District
21 EM 2020
SUPREME COURT OF PENNSYLVANIA
21 EM 2020
IN RE: FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
—PHILADELPHIA MUNICIPAL COURT'S REQUEST
PURSUANT TO PA.R.J.A. 1952(B)(2)(S) TO AUTHORIZE
THE CONTINUATION OF THE PHILADELPHIA
MUNICIPAL COURT LANDLORD-TENANT DIVERSION
PROGRAM
RESPONSE OF THE PENNSYLVANIA OFFICE OF ATTORNEY
GENERAL IN SUPPORT OF PHILADELPHIA MUNICIPAL COURT'S
REQUEST TO CONTINUE THE LANDLORD-TENANT DIVERSION
PROGRAM
Pursuant to this Court's order of October 28, 2021, the Pennsylvania Office
of Attorney General (OAG) hereby files this Response in support of the
Philadelphia Municipal Court's Request to Extend the Philadelphia Municipal
Court Landlord-Tenant Diversion Program (filed Oct. 20, 2021, and granted in part
on Oct. 28, 2021).
For the reasons stated in the attached letter (Exhibit A), OAG respectfully
asks the Court to extend authorization for the program beyond its current expiration
on November 30, 2021. The Diversion Program has proven to be a great success,
benefiting tenants and landlords alike, and is rightly heralded as a model for other
programs across the country. Indeed, the success of Philadelphia's program has
spurred interest in creating similar programs across the Commonwealth. OAG
encourages the Court to authorize similar programs in other counties.
Dated: November 8, 2021
Respectfully submitted,
JOSH SHAPIRO
Attorney General
Commonwealth of Pennsylvania
MICHAEL J. FISCHER
Chief Counsel and Executive Deputy
Attorney General
/s/Aimee D. Thomson
AIMEE D. THOMSON (No. 326328)
Deputy Attorney General
Impact Litigation Division
Pennsylvania Office of Attorney General
1600 Arch St., Suite 300
Philadelphia, PA 19103
(267) 374-2787
athomson@attomeygeneral.gov
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EXHIBIT A
JOSH SHAPIRO
ATTORNEY GENERAL
COMMONWEALTH OF PENNSYLVANIA
O FFICE OF ATTORNEY G ENERAL
HARRISBURG, PA 17120
October 22, 2021
16TH FLOOR
STRAWBERRY SQUARE
HARRISBURG, PA 17120
(717) 787-3391
The Honorable Max Baer
Chief Justice, Supreme Court of Pennsylvania
Pennsylvania Judicial Center
601 Commonwealth Avenue
Suite 1500
Harrisburg, PA 17106
Dear Chief Justice Baer:
I am writing regarding the Philadelphia Municipal Court Landlord-Tenant
Diversion Program. I am grateful for the support you and your colleagues have shown for this
important program, and I respectfully ask the Court to grant the request submitted by President
Judge Patrick F. Dugan to extend authorization for the program beyond its current expiration on
October 31, 2021. The Diversion Program has proven to be a great success, benefiting tenants
and landlords alike, and is rightly heralded as a model for other programs across the country.
Indeed, the success of Philadelphia's program has spurred interest in creating similar programs
across the Commonwealth and I encourage the Court to authorize similar programs in other
counties.
As we are all aware, the COVID-19 pandemic has placed enormous burdens on
our communities and our public institutions, including our courts. An unprecedented number of
families in Philadelphia and throughout the Commonwealth have struggled to pay their rent
during this crisis. Meeting this emergency has required encouraging the use of mutually
beneficial, non-litigation dispute resolution programs. In that spirit, the Diversion Program has
been a resounding success: to date, more than ninety percent of mediations conducted under the
program have avoided eviction. With the support of the Diversion Program, Philadelphia has
helped more than 33,000 households access more than $200 million in rental assistance funds.
Moreover, because records of eviction cases cannot be expunged, regardless of outcome, the
Program's pre-filing requirement allows tenants who are able to reach agreement with their
landlord to avoid being permanently marked as having been the target of an eviction proceeding.
Chief Justice Baer
October 22, 2021
Page Two
Prior to the COVID-19 pandemic and the implementation of the Diversion
Program, the Philadelphia Municipal Court received around 20,000 eviction complaints every
year, impacting one in 14 Philadelphia renter households.' Historically, nearly two-thirds of
these complaints were based exclusively on non-payment of rent .2 For landlords, non-payment
can result in an inability to pay a mortgage and potential loss of the property. 3 For tenants, non-
payment can result from an inability to pay, but can also result from a lawful withholding in
response to poor housing conditions that threaten habitability.`'
Without the Diversion Program, eviction cases often suffer from a power and
knowledge imbalance between the parties that can make achieving fair outcomes difficult. Only
10% of tenants in eviction proceedings pre-pandemic reported having access to legal counsel,
compared to 82% of landlords. 5 In 74% of eviction cases pre-pandemic, only the landlord was
represented by counsel. Such an imbalance in access to representation between tenants and
landlords benefits neither the Philadelphia Municipal Court nor the interests of justice. And an
eviction for non-payment of rent benefits neither party: the tenant risks homelessness and must
quickly secure other housing and move all of their belongings, while the landlord must quickly
find a new tenant or lose money on a vacant property.
Against this backdrop, the Diversion Program encourages fair, efficient, and
mutually beneficial outcomes that reduce the burden on the Philadelphia Municipal Court. Each
tenant is assigned a City-funded housing counselor who helps tenants understand their rights and
communicate productively with the landlord. Counselors also assist tenants in assessing available
financial resources, including applying for programs such as rental assistance or unemployment
benefits. The mediation date typically occurs within a month, creating the opportunity for a
resolution in less time than an eviction would normally require. 7 Mediations are facilitated by
Community Legal Services, Breaking the Record: Dismantling the Barriers Eviction
1
Records Place on Housing Opportunities, at 7 (Nov. 2020), https:Hclsphila.org/wp-content/
uploads/2020/12/Breaking-the-Record-Report_Nov2020.pdf (hereinafter "CLS Report 2020").
2 Mayor's Taskforce on Eviction Prevention and Response, Report and
Recommendations, at 10 (June 2018), https://www.phila.gov/hhs/PDF/Mayors%20Task%20
Force%20on%20Eviction%20Prevention%20and%20Response-Report.pdf (hereinafter "City
Report 2018").
3 Id.
4 id.
CLS Report 2020, supra note 1, at 7.
5
6 City Report 2018, supra note 2, at 11.
I Id. at 15-17 (eviction process can take six to 12 weeks, assuming no backlog).
Chief Justice Baer
October 22, 2021
Page Three
trained mediators with the goal of reaching an agreement that works for
everyone—the tenant remains in the home and the landlord receives regular payments of rent.
The City has committed to fund and staff the Diversion Program through the end
of 2024, and a majority of City Councilmembers are dedicated to supporting the program beyond
that date as well. In addition, the City recently received an additional $35 million in federal rent
assistance and expects to receive further federal funding in the coming months. President Judge
Dugan and his colleagues are likewise committed to the program, having seen firsthand the
benefits it produces for tenants, landlords, and the judicial system. I respectfully ask the Court to
authorize the continued authorization of the Landlord-Tenant Diversion Program in Philadelphia
and to support the development of similar programs across the Commonwealth.
All the best,
JOSH SHAPIRO
cc:
Justices of the Supreme Court
Geoff Moulton, Court Administrator of Pennsylvania
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