IN THE SUPREME COURT OF PENNSYLVANIA 
WESTERN DISTRICT 
 

 

 No. 23 WM 2020 

IN RE: FIFTH JUDICIAL DISTRICT   : 
TEMPORARY PROCEDURES 
 : 
REGARDING CERTAIN RESIDENTIAL: 
LANDLORD TENANT ACTIONS  
 : 
 

 

ORDER OF COURT 
 

AND  NOW,  this  31st  day  of  August  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, and recognizing 

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, the following is hereby 

ORDERED, ADJUDGED and DECREED. 

1.  Effective September 1, 2020, all residential landlord tenant actions will 
be  accepted  for  filing  within  the  Fifth  Judicial  District  pursuant  to  the 
applicable statutes and rules governing those actions. 

2.  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. 

3.  On  such  cases,  if  on  or  before  the  initial  hearing  date,  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. 

1 

 

 

 

 

 

4.  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. 
 

5.  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.   
 

6.  The  procedures  in  paragraphs  2  through  5  above  apply  only  to 
residential  landlord  tenant  actions  at  the  Magisterial  District  Courts 
where the action is based solely on non-payment of rent. 

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

online 

made 

Relief 

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

Program 

8.  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://www.alleghenycounty.us/human-services/index.aspx 
•  https://renthelppgh.org/ 

The Fifth Judicial District Judicial Temporary Prohibition on Commencement 

of  Certain  Residential  Landlord  Tenant  Actions  expires  on  August  31,  2020.  

This Order shall become effective on September 1, 2020 and shall remain in 

effect until further Order of Court. 

BY THE COURT: 

Kim Berkeley Clark 
President Judge 

,P. J. 

2