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  31st  day  of  March  2021,  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 June 30, 2021, recognizes that rent 

assistance  through  the  Emergency  Rental  Assistance  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, which has been extended 

through  June  30,  2021.    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  Court where  the  action  is  based,  at  least  in 

 

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part, on non-payment of rent or end of lease and where the CDC Order is not 

applicable to the matter. 

1.  Initial hearing dates for residential landlord tenant actions filed at the 
Magisterial District Courts where the action is based, at least in part, 
on  non-payment  of  rent  or  end  of  lease,  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  thirty  (30)  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.  If at the initial hearing in these cases, the tenant indicates that the 
tenant  has  submitted  or  will  submit  an  application  for  rental 
assistance  under the  Emergency Rental Assistance Program or any 
other rental assistance program, the initial hearing date shall be used 
as  a  status  conference  rather  than  a  hearing.    During  the  status 
conference  the  Emergency  Rental  Assistance  Program  and  other 
rental  assistance  programs  shall  be  considered  by  the  parties.  The 
Allegheny  County  Department  of  Human  Services  shall  provide 
information and assistance regarding the application processes.  

3.  If, at the status conference, the  Court finds that  an application  for 
rental assistance has been submitted or will be made, the case shall 
be  continued  to  allow  for  sufficient  time  for  the  application  to  be 
processed.  Multiple  continuances  may  be  granted  to  allow  for 
sufficient time for the application to be processed and the rent relief 
to be provided.  A hearing shall not occur while good faith efforts are 
being made to obtain assistance that would be reasonably likely  to 
satisfy a potential judgment under Pa.R.C.P.M.D.J. 518.  

4.  If, at the status conference, it is determined that the case involves 
an end-of-lease situation in which the payment of money would not 
prevent  an  eviction  and  the  tenant  would  not  be  able  to  satisfy  a 
potential  judgment  under  Pa.R.C.P.M.D.J.  518  by  the  payment  of 
money, the case shall be continued for a period of time of between 
21  and  35  days.  The  Allegheny  County  Department  of  Human 

 

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Services  and/or  other  agencies  will  provide  information  and 
resources  to  assist  tenants  in  planning  for  alternative  housing 
arrangements  in  the  event  of  a  potential  judgment  in  favor  of  the 
landlord.  

5.  If at the initial hearing the tenant does not appear, the Magisterial 
District Judge may only proceed to a hearing per Pa.R.C.P.M.D.J. 512 
and 514(a) if the landlord signs an affidavit stating that the tenant 
has vacated the premises and the Magisterial District Judge so finds. 
If the Magisterial District Judge does not so find, the hearing shall be 
postponed  for  14  days  and  notice  resent  to  the  tenant.    If  at  the 
subsequent hearing, the tenant fails to appear the case shall proceed 
in accordance with Pa.R.C.P.M.D.J. 512 and 514(a)  

6.  Information  for  COVID-19  related  rent  assistance  through  the 
Emergency  Rental  Assistance  Program    and  Allegheny  County  DHS 
resources 
at: 
be 
https://www.alleghenycounty.us/Human-Services/Programs-
Services/Basic-Needs/Housing-and-Homeless.aspx.  

online 

found 

can 

7.  Additional information about other rental assistance programs may 

be found at the following links: 

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

  https://renthelppgh.org/ 

8.  Landlord-tenant  proceedings  may  be  conducted  by  ACT,  provided 
both  parties  are  given  the  opportunity  to  communicate  with 
Allegheny  County  Department  of  Human  Services  personnel  to 
discuss  rental  assistance  and  available  resources.    In-person 
hearings are also  permitted. 

I.  Applicable Procedures When CDC Order Does Apply 

  I

    The  procedures in  this  section apply  to residential 

landlord  tenant 

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

tenant complies with the requirements of the CDC Order.   

 

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    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 CDC  Declaration  Form required  under  the  CDC  Order  to  the 

Court,  or if the  landlord  affidavit  indicates  that  the  landlord  received  a  CDC 

Declaration Form from the tenant, or if the  Court otherwise determines that 

the tenant has provided a CDC Declaration Form to the landlord, the following 

procedures will apply: 

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 shall still be 
used  to  conduct  a  status  conference  rather  than  a  hearing  and  the 
Emergency  Rental  Assistance  Program  or  other  programs  shall  be 
considered by the parties.  Following this status conference, the matter 
shall be stayed until after the expiration of the CDC Order. 

2.  For cases in  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. 

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. 

III. 

    Other Residential Landlord Tenant Actions and Effective 
Date 

    Landlord-tenant proceedings based only upon breach of lease (other than 

breach due to end of lease) may continue to proceed as scheduled, in-person, 

provided  that  all  COVID-19  protocols,  including  occupancy  restrictions  in 

 

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courtrooms and waiting rooms, are strictly followed. Parties shall be given the 

option  to  appear  remotely.  Courts  are  directed  to  exercise  discretion  and 

consider the CDC Agency Order guidance concerning public health and safety 

when ruling upon landlord-tenant proceedings based upon breach of lease. 

Information 

regarding 

the 

CDC 

Order 

can 

be 

found 

at https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-

declaration.html.  A downloadable Declaration Form for use by a tenant can 

be 

found 

at 

http://www.pacourts.us/assets/files/setting-901/file-

9976.pdf?cb=fdaeb3.    A  Declaration  Form  may  also  be  provided  by  the 

Magisterial District Court. 

This Order shall become effective on March 31, 2021 and shall remain 

in effect until further Order of Court. 

BY THE COURT: 

Kim Berkeley Clark 
President Judge 

, P.J. 

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