Here is the text we could read:
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 24th day of February, 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 March 31, 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
1
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. Any hearing currently scheduled from March 1, 2021 through April 2,
2021 on residential landlord tenant actions to which this section
applies shall be treated as a status conference in the manner
described in this section.
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
satisfy a potential judgment under Pa.R.C.P.M.D.J. 518.
5. 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
2
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
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.
6. Information for COVID-19 related rent assistance through the
Emergency Rental Assistance Program and Allegheny County DHS
at:
be
resources
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.
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.
3
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
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.
4
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 1, 2021 and shall remain in
effect until further Order of Court.
BY THE COURT:
Kim Berkeley Clark
President Judge
, P.J.
5
