November 8, 2021

The Honorable Max Baer
Chief Justice, Supreme Court of Pennsylvania
c/o Office of the Prothoiiotary
468 City Halt
Pliiladclphia,PA19107

Re: Response in Support of Pennsylvania Supreme Court Order No. 21 EM 2020
Authorization for Continuation of the Philadelphia Municipal Court
Landlord-Tcnant Diversion Program

Dear Justices of the Supreme Court of Pennsylvania,

As a judge who proudly served on the bench of the First Judicial District, I write to
request your ongoing support for Philadelphia's nationally renowned use of Alternative Dispute
Resolution In eviction proceedings. I appreciate your leadership in continuing to extend
authority for Philadelphia to require landlords to apply for rental assistance and participate in
Philadelphia's pre-filing Eviction Diversion Program, most recently via youi- Order dated
October 28, 2021, No. 2] EM 2020. I request that you continue to extend this authority beyond
November 3 0,2021.

Granting this authority to other counties will iiisure that many citizens of the

Commonwealth as well can benefit from collaboration between the courts, rental assistance, and
other stabilizing measiues. A m]e that allows a local county's President Judge to issue their own
local rule creating or coordinating with Alternative Dispute Resolution (ADR) procedures in
eviction proceedings, on the individual needs of the respective counties, would be of great
benefit in stabilizing housmg throughout the state.

Judicial response to the mortgage foreclosure nieltdown in 200-2009 revealed a path to
increasing access to justice for all concerned in away that assists in docket management as well.
I speak from personal experience as one who developed and oversaw the Mortgage Foreclosure
Diversion Program in Philadelphia for years. Data from the Prograin continues to show sucli a
vested ADR program is ati important too] in case managenient while stabilizing cQmmunities
throughout the City. It has served as a model throughout the Coinmonwealth and the countiy.
Elements of the Program have been utilized in the curreul Eviction Diversion efforts. Though a
younger program, continuing to evolve, success has been shown with Evictioii Diversion, on a
multitude of fronts, and therefore the Prograni's efforts warrant continuation.

Over the past two months, multiple courts across Pennsylvania have sought penTii.ssion to
utilize alternative dispute resolution (ADR) in eviclion proceedings, including coliaboraling with
their county rental assistance providers, This includes courts in Philadelphia, Allegheny,
Montgomery, Bucks, Dauphin, Delaware and Washington counties. The Supreme Coun of
Pennsylvania has granted many of these courts' requests and in doing so has enabled counties to
distribute millions of dollars in rental assistance to landlords and tenants.

As a full-time neutral who is dedicated to altcniativc dispute rcsolutioti effbrts, ADR

has proven to be extremely beneficial fur both litigants and the courts, and it is piirticularly
wcll-suiled for landlord-tenant disputes. Mediation and other types ofADR can resolve dispules
more rapidly and less expensively than litigation. ADR is much more collaborative than
litigation, as it empowers tlie parties to reacli inutually beneficial solutions. Participating in ADR
has been shown to improve, rather tlian worsen, rdationships between disputiiig parlies, wiiicli is
a key advantage in sitiiations where the parties will continue to interact after a settlement, such as
in landlord-tenant relationships. The use ufADR has consistently resulted in considerable docket
management for the courts by preventing ongoing litigation both at the trial and appellate levels.

Now is the time for us to leverage what we know works. On June 24, 2021, the U.S.

Departmeiit of Justice sent a letter to each of the 50 state supreme court chief justices imploring
them to einploy eviction diversion strategies to give parties more tiine to obtain rental assistance
funds. Additionally, theWliitc House has repeatedly held out Philadelphia's ADR process as a
national model beciiuse of its continued success this year and last. The Urban Institute, a
Washingtoii, D.C.-based think tank, cited Philadelphia Eviction Diversion Program as one of the
top programs nationwide.

At a time whenjurisdictioiis across the nation are stiiiggling to distribute over $47 billion
in federal rental assistance, Philadelphia is tcadiiig the natioii in the distribution of funds, having
distributed more than $134 million to over 17,000 households. This success is a testament to the
leadership of the Philadelphia Municipal Court in educating laiidlords about the availability of
this federal funding. Philadelphia's successful Eviction Diversion Program, modeled after
Philadelphia's nationally renowned Mortgage Foreclosure Diversion Program, has assisted over
2,300 laiidlord-tUid-tenant pairs, with over 90% reaching mediated agreements or other
resolutions. The program has helped an additional 7,000 landlords and tenants access rental
assistance who otherwise would iiot have been able to do so, without the need for full mediation
sessions. The program matches each tenant with a HUD-certified housing counselor who helps
the tenant connect with resources and apply for rental assistance as well as supports the tenant in
mediation with a li-ained volunteer mediator. This "ecosystem" creates a platform for early
intervention in resolving landlord-tenant conflicts thereby stabilizing the housing relationship for
the benefit of landlords as well as the distressed tenants.This is assistance for tenants and
landlords "in the moment".

What has history taught us? Just as Philadelphia set the standard for the nation through its
use ofADR in the midst of the foreclosure crisis in 2008, its use ofADR in eviction cases is now
receiving national attention. Due to its success, other jurisdictions around the countiy have
readied out to Philadelphia to learn more about Philadelphia's model and to talk tliroiigli how to
constmct and implement their own diversion programs.

Although the paudemic is a unique crisis tliat has threatened housing stability and

challenged the status quo for how landlord-tenant matters are litigated, we weathered a severe
housing crisis by innovating ADR for foreclosure prevention. Now is ttie time to build on the

success ofADR in other contexts as we apply it to the landlord-teiiant context. Let us learn from
the past as we move foi-ward in tliese extraordinary times.

Should you be in need of any further infomiation , please do not hesitate to reach out

directly % JAMS, amri770(ujamsadr.com or 215-913-7049.

Respectfully,

/^.&^/>}.W^

lion. Anncttc M. R-izzo (RetY