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Filed 11/5/2021 1:06:00 PM Supreme Court Eastern District
21 EM 2020
Received 11/5/2021 1:06:39 PM Supreme Court Eastern District
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
PHILADELPHIA CITY COUNCIL’S RESPONSE 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, Philadelphia City
Council 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, incorporated herein
by reference), City Council supports the continuation of the Landlord-Tenant
Diversion Program. Further, City Council respectfully requests that the Court
consider authorizing local courts throughout the state to institute ADR procedures
in eviction cases if they so choose.
Respectfully submitted,
CITY OF PHILADELPHIA LAW DEPARTMENT
DIANA P. CORTES, CITY SOLICITOR
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Dated: November 5, 2021
/s/ Jennifer MacNaughton
Jennifer MacNaughton (I.D. 88424)
Senior Attorney, Appeals
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102-1595
(215) 683-3561
jennifer.macnaughton@phila.gov
Counsel for Philadelphia City Council
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EXHIBIT A
Philadelphia City Council Letter in Support of
Philadelphia Municipal Court Landlord-Tenant Diversion Program
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U.S. Department of Justice as a national model that should be widely replicated for its
2024. The pre-filing eviction diversion program has also been heralded by the White House and
or these reasons, the City has committed significant resources and staffing to the program until
filing.
Philadelphia order requiring diversion, the court is now scheduling hearings within 30 days of
longer due to more cases being filed than could be scheduled. Within six months of the
was a 4-month delay between date of filing and a hearing date, and the delay was growing
litigation at the trial and appellate levels. For example, when the Court reopened last year there
expedited hearing timelines and resulted in significant savings for the courts by preventing
20,000 annually before the pandemic to under 5,000 last year. The major reduction in filings has
s a result of the pre-filing requirement, the Municipal Court has seen a reduction in filings from
situation without the stain of an eviction filing on a tenant’s record.
and a landlord who must apply for rent assistance prior to filing for eviction can exit from a
eviction are reached. Because of the pre-filing mandate, a tenant who goes through mediation
allow for the expungement of eviction filings from a tenant’s record even when alternatives to
n important feature of Philadelphia’s program is its pre-filing mandate. Pennsylvania does not
$200 million in rental assistance funds to over 33,000 households.
avoided eviction. To date, the diversion program has also supported the distribution of over
program has proven extremely successful. In over 90% of cases, the participating parties
he combination of housing counseling, mediation, and rental assistance provided through the
authorized by the Supreme Court on a temporary basis until October 31.
tenants who might qualify for rent assistance or seek an alternative resolution. This program is
Alternative Dispute Resolution (ADR) effort to help avoid evictions for both landlords and
Municipal Court Landlord-Tenant Diversion program, which stands as the City’s signature
during these challenging times. We write to appeal to you with regard to Philadelphia’s
action to allow flexibility to local jurisdictions seeking to maintain efficient and fair operations
n behalf of our City Council body, we thank the Supreme Court for your leadership and swift
ear Justices of the Supreme Court of Pennsylvania,
Harrisburg, PA 17120
Suite 1500
601 Commonwealth Avenue
Chief Justice, Supreme Court of Pennsylvania
he Honorable Max Baer
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Councilmember, 8th District
Cindy Bass
Councilmember At-Large
Kendra Brooks
Councilmember At-Large
Helen Gym
Council President, 5th District
Darrell Clarke
incerely,
hank you for your leadership and consideration of these important issues.
—certainly extend beyond the pandemic.
including court management as well as the avoidance of unnecessary time and cost to litigants
procedures that work best for their own counties. The significant benefits of such programs—
multiple other counties which are in the process of developing their own versions of ADR
to institute ADR procedures in eviction cases, if they so choose. Philadelphia has consulted with
e also respectfully ask the Court to institute authorization for local courts throughout the state
system.
to establish this model program, and would risk overwhelming our city’s homeless service
municipal courts. Lack of reauthorization would threaten the major investments we have made
effectively find alternatives to eviction, reduce filings, and support improved processes in our
organizations and housing counseling groups which have been working around the clock to
dditionally, ending the program could put at risk a citywide investment that supports legal aid
significantly.
counties like Philadelphia in the coming months, thus expanding the program
further funding is anticipated. Another $300 million is expected to be made available to
Philadelphia recently received an additional $35 million in federal rent assistance and
Over 60,000 Philadelphia households are currently seeking rental assistance.
meant to help struggling landlords and tenants.
highly successful program and leave on the table potentially-available rent assistance dollars
ailing to continue the program beyond October 31, 2021, would result in an abrupt end to a
program.
District to extend the authorization for Philadelphia’s Municipal Court Landlord-Tenant Diversion
assistance funding, we ask your consideration in granting the request of the First Judicial
iven the enormous success of the program and the availability of additional federal rent
crisis.
effectiveness in reducing evictions and stabilizing landlords and tenants during the current
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Councilmember, 7th District
Maria Quiñones-Sánchez
Councilmember, 1st District
Mark Squilla
Councilmember, 9th District
Cherelle L. Parker
Councilmember At-Large
Katherine Gilmore Richardson
Councilmember At-Large
David Oh
Councilmember, 10th District
Brian J. O’Neill
Councilmember, 2nd District
Kenyatta Johnson
Councilmember, 4th District
Curtis Jones
Councilmember At-Large
Derek Green
Councilmember, 6th District
Bobby Henon
Councilmember At-Large
Allan Domb
Councilmember, 3rd District
Jamie Gauthier
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Councilmember At-Large
Isaiah Thomas
