Here is the text we could read:
ursuant to Pa.R.J.A. No. 1952(B)(2)(m) and (s), Kim Berkeley
Clark, President Judge of the Fifth Judicial District, hereby requests
the Pennsylvania Supreme Court to temporarily authorize the
implementation of certain procedures at the Magisterial District
Courts in the Fifth Judicial District as set forth in the attached
proposed Administrative Order entitled “Fifth Judicial District
Temporary Procedures Regarding Certain Residential Landlord
Tenant Actions”. These procedures are intended to allow for
sufficient time for applications for available emergency rental
assistance funds to be processed and for those funds to be
distributed to prevent avoidable evictions in the District. In
support of this request, the following is represented:
1. The COVID-19 pandemic has caused ongoing economic losses
to tenants and landlords and is anticipated to result in an
unprecedented number of potential evictions.
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
IN RE:
FIFTH JUDICIAL DISTRICT
REQUEST TO TEMPORARILY
AUTHORIZE COURT ORDER
TO REDUCE EVICTIONS
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: No. 23 WM 2020
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2. Allegheny County and the City of Pittsburgh have been
awarded over 80 million dollars in federal Emergency Rental
Assistance Program (ERAP) funding to assist landlords and to
prevent tenants from being evicted due to inability to pay
rent. Action Housing, a nonprofit agency, contracts with the
Allegheny County Department of Human Services to
administer the Emergency Rental Assistance Program in the
District.
3. The Fifth Judicial District has worked in cooperation with the
Allegheny Department of Human Services to establish
temporary procedures to assist tenants and landlords with the
application process for obtaining this rental assistance.
Representatives of the Department of Human Services have
been present at the Magisterial District Courts to assist
tenants and landlords in applying for these funds. On
February 24, 2021, the Fifth Judicial District, by Emergency
Court Order, established procedures in the Magisterial District
Courts to allow for sufficient time for tenants and landlords to
apply for and receive this funding, thereby preventing
unnecessary evictions. This Order was reissued with minor
changes on March 31, 2021, but has since expired.
4. Since the inception of the program in March 2021, over
12,000 ERAP applications have been received and over 3,000
have been processed. Less than 100 have been denied. More
than 18 million dollars of ERAP assistance has been
distributed. There remains, however, approximately 60
million dollars of rental assistance to be distributed. The
is
average time to complete the application process
approximately 30 to 45 days.
5. While the Centers for Disease Control and Prevention (CDC)
issued a new order on August 4, 2021, temporarily halting
certain evictions in certain areas to prevent further spread of
COVID-19, the CDC Order, in and of itself, is not designed to
provide for sufficient time for landlords and tenants to obtain
the available rental assistance funds.
6. The Fifth Judicial District wishes to reinstitute procedures at
the Magisterial District Courts to allow for sufficient time for
applications for rental assistance to be processed and funds
distributed to eliminate or reduce preventable evictions. The
proposed procedures would allow for the initial hearings in
Landlord/Tenant cases to be scheduled up to 15 days beyond
the time set forth in Pa.R.C.P.M.D.J. 504 and cause the initial
hearing to be treated as a status conference for the parties to
consider application for rental assistance. The procedures
would also allow for postponements of proceedings so that
evictions would not occur while good faith efforts were being
made to obtain rental assistance that would be reasonably
likely to prevent the eviction under Pa.R.C.P.M.D.J. 518. See
the proposed Administrative Order attached hereto as Exhibit
A. This Administrative Order may conflict with Pa.R.C.P.M.D.J.
Nos 209, 504, and 515-519 to the extent that it can cause
delays inconsistent with those rules.
To the extent possible and practical under the circumstances,
notice of this request for an emergency judicial order has been or
will be:
posted on the Fifth Judicial District’s website
submitted to the Administrative Office of Pennsylvania Courts
for publication pursuant to Rule of Judicial Administration No.
1952(C)(5)
nterested parties are advised that objections to any emergency
judicial order issued by the Supreme Court should be transmitted
to the Supreme Court Prothonotary.
herefore, it is respectively requested that this Court enter an
Order pursuant to Pa.R.J.A. No. 1952(B) authorizing the
undersigned to issue the attached temporary Administrative Order
to be effective through October 31, 2021, and to temporarily
suspend the operation of Pa.R.C.P.M.D.J. Nos 209, 504, and 515-
I
W
________________________
Kim Berkeley Clark
President Judge
_______________________
ated:
D
_
519 to the extent that they are inconsistent with the Administrative
Order.
N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ADMINISTRATIVE DOCKET
)
IN RE: FIFTH JUDICIAL DISTRICT
) NO. AD- 21- PJ
TEMPORARY PROCEDURES
)
REGARDING CERTAIN RESIDENTIAL )
)
LANDLORD TENANT ACTIONS
)
ORDER OF COURT
AND NOW, this ______ day of August 2021, this Court 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 August 4, 2021, the Centers for Disease Control and
Prevention (CDC) issued a new Order temporarily halting certain evictions in
certain areas to prevent further spread of COVID-19. Therefore, pursuant to
the Pennsylvania Supreme Court Order of ____________ granting
authorization for this Administrative Order the following is hereby ORDERED,
ADJUDGED and DECREED.
The procedures below in items 1 through 7 apply to those residential
landlord tenant actions at a Magisterial District Court where the action is
based, at least in part, on non-payment of rent.
1. Initial hearing dates for residential landlord tenant actions filed at the
Magisterial District Courts to which these procedures apply shall be
scheduled at the latest available landlord tenant court date consistent
EXHIBIT A
I
with Pa.R.C.P.M.D.J. 504 and may be scheduled up to fifteen (15)
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. Any initial hearing previously scheduled on residential landlord tenant
actions to which this these procedures apply shall be treated as a
status conference in the manner described in this Order.
4. 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
prevent the eviction under Pa.R.C.P.M.D.J. 518.
5. If an existing residential landlord tenant action to which these
procedures apply has not otherwise been postponed pending
application for or receipt of rental assistance pursuant to the
procedures above, then a party may request a continuance of the
proceedings, including the execution of an Order of Possession. Such
request must assert that an application for rental assistance has been
submitted and the existence of the application must be verified with
the Allegheny County Department of Human Services. If the
Magisterial District Judge determines that such an application has
been submitted and that good faith efforts are being made to obtain
assistance that would be reasonably likely to prevent the eviction
under Pa.R.C.P.M.D.J. 518, then a continuance shall be granted, and
EXHIBIT A
a status conference scheduled. The status conference shall be used
to determine the ongoing status of the application. Multiple
continuances may be granted to allow for sufficient time for the
application to be processed and the rent relief to be provided. An
eviction shall not occur while good faith efforts are being made to
obtain assistance that would be reasonably likely to prevent the
eviction under Pa.R.C.P.M.D.J. 518.
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/
In cases to which the new CDC Order applies and the action is, at least
in part, for non-payment of rent, the case may still proceed pursuant to the
procedures set forth above in items 1 through 7.
In any event, no Order of Possession shall be issued or acted upon as
long as the CDC Order continues to apply to the case. Consistent with prior
orders of this Court, the CDC Order shall be considered to apply to end of
lease cases as well as non-payment of rent cases.
This Order shall become effective immediately and shall remain in effect
through October 31, 2021.
BY THE COURT:
, P.J.
Kim Berkeley Clark
President Judge
EXHIBIT A
