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No. 21 EM 2020
Received 06/30/2021 Supreme Court Eastern District
Filed 06/30/2021 Supreme Court Eastern District
IN THE SUPREME COURT OF PENNSYLVANIA
Docket No.
In Re: First Judicial District of Pennsylvania — Philadelphia Municipal
Court's Request Pursuant to Pa.R.J.A. 1952(B)(2)(s) to
Temporarily Authorize Continuation of the Philadelphia
Municipal Court Landlord-Tenant Diversion Program
Patrick F. Dugan, President Judge of the Philadelphia Municipal Court, hereby requests
the Supreme Court to temporarily authorize the continuation of the Philadelphia
Municipal Court Landlord-Tenant Diversion Program, pursuant to Pa.R.J.A.
1952(B)(2)(s), and represents as follows:
1. In furtherance of, and consistent with, the Judicial Emergency declared by the
Pennsylvania Supreme Court and by the First Judicial District of Pennsylvania (see
Administrative Order No. 9 of 2020, attached), the undersigned issued an Order on
April 1, 2021 which required Landlords seeking possession based on non-payment
of rent to file with the City of Philadelphia for Diversion/Rental Assistance, and to
wait 45 days before filing a Statement of Claim against tenants (see Administrative
Order Amended No. 15 of 2021, attached).
a. This pre-filing diversion program has been successful and has facilitated judicial
management of landlord tenant cases.
b. The City of Philadelphia has received more than 33,000 applications for rental
assistance and approximately 25,000 applications are pending review at this
time, and $100,000,000 of federal funds for rental assistance remain available.
2. There are currently more than two thousand Alias Writs of Possession
(lockouts/evictions) issued by the Court in pending cases and more than 900 Alias
Writs of Possession (lockouts/evictions) which are imminently to be served upon
cessation of any applicable moratoria.
3. It is anticipated that the Court will be overwhelmed with filing of eviction cases based
on non-payment of rent and that the continuation of the Philadelphia Municipal Court
Diversion Program will enable the Court to manage the backlog of evictions and the
anticipated filing of claims for possession based on non-payment of rent while both
landlords and tenants seek to utilize the available funding as noted above.
Therefore, the undersigned respectfully request that this Court authorize the
Philadelphia Municipal Court to require that a landlord first file an application with the
PHL Rent Assist Program through www.phirentassist.orq and then wait 45 days before
filing a Landlord-Tenant Complaint seeking possession based on non-payment of rent.
Such authorization and extension of the Philadelphia Municipal Court Landlord-Tenant
Diversion Program shall terminate on August 31, 2021.
Date:
nor:.l-Ty'"rick F. Dugan
Preside , udge, Philadelphia Municipal Court
First , udi , ial District of Pennsylvania
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
ADMINISTRATIVE GOVERNING BOARD
OF THE FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
In re:
DECLARATION JUDICIAL EMERGENCY
No 9 of 2020
ORDER
AND NOW, this 17 day March, 2020, pursuant to the authority granted by the Supreme
Court, by Order of March 16, 2020 at No. 531 Judicial Administration Docket (attached), the
undersigned DECLARES a judicial emergency in the First Judicial District of Pennsylvania for
the following period: March 17, 2020 to April 1, 2020.
The specific actions taken pursuant to Pennsylvania Rule 1952(B)(2) shall be set forth in
subsequent Orders. Additionally, the operation of Rule of Criminal Procedure 600 shall be
suspended in the First Judicial District during the period of the local judicial emergency.
BY THE COURT:
ls/ Idee C. Fox
Idee C. Fox, President Judge
Chair, Administrative Governing Board
First Judicial District of Pennsylvania
President Judge, Court of Common Pleas,
Philadelphia County
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
PHILADELPHIA MUNICIPAL COURT
President Judge Administrative Order
Amended No. 15 of 2021
In re: Residential Eviction Moratorium and Exceptions. Service of Writs and
Alias Writs of Possession
AMENDED ORDER
AND NOW, this 1st day of April, 2021, the within Order is amended to read as follows:
upon consideration of:
(a) the continuing global pandemic affecting the gathering of people, requiring social
distancing, and preventing the listing of Landlord/Tenant cases in large numbers;
(b) the Order dated March 28, 2021 issued by Rochelle P. Walensky, Director of the Centers
for Disease Control and Prevention extending the eviction moratorium through June 30,
2021;
(c) the Eviction Diversion Program being conducted by the City of Philadelphia which has
saved the court's resources, prevented negative consequences of eviction during a
pandemic, and benefited landlords and tenants in coming to agreements in lieu of
lawsuits;
(d) the continuing declaration of Judicial Emergency in the First Judicial District, and the
emergency powers provided under Pa.R.J.A. 1952(B) to order the diversion of cases
through alternative dispute resolution programs for health and safety reasons
accomplished both by reducing the congregation of litigants in the courthouse as well as
by avoiding evictions through agreements facilitated by such eviction diversion
programs;
(e) the approximate one hundred million dollars ($100,000,000.00) in rental assistance
funds that have been made available to the City of Philadelphia which may be accessed
through the eviction diversion program; and
(e) the Landlord Tenant Act which requires cases to be heard within 21 days, but as of the
date of this order, due to the global pandemic, Landlord/Tenant trials are now being
scheduled over ninety (90) days out, then,
it is hereby ORDERED and DECREED that:
(1) As of April 1, 2021, no landlord may file a Landlord Tenant Complaint seeking
possession based on non-payment of rent owed prior to the date of filing until 45
days after they have first completed an application with the PHL Rent Assist
Program through www.phlrentassist.org. Upon completing the application, the
landlord will be automatically enrolled in the Eviction Diversion Program as well.
The PHL Rent Assist Hotline is (215) 320-7880. It will be a dispositive affirmative
defense for any tenant to show that the landlord did not pursue either rental
assistance or eviction diversion through the City of Philadelphia Program timely or
in good faith.
(2) As of the date of this order, Plaintiff Landlords may only request the Landlord
Tenant Officer to serve outstanding writs cfpossession that have not yet been served,
other than those provided in Section (5) below. Provided, however, that the Landlord
Tenant Officer shall insert "May 16, 2021" as the date the Named Defendant,
Tenants and Occupants are to vacate the premises (" You are hereby to vacate
premises ... no later than
intent of this order is to permit the service of the first of the two writs required for a
Plaintiff Landlord to seek possession, in anticipation of the resumption of lockouts
after June 30, 2021 or at some other point in the future when conditions permit.
.") on the writ of possession Cover Sheet. The
(3) No alias writs cfpossession issued by the Philadelphia Municipal Court shall be
served in any residential case (i.e., no residential evictions) until after May 16, 2021,
except upon order of court previously entered or upon good cause shown as provided
in this order.
(4) In residential cases, Plaintiff Landlords who have not already obtained an exemption
who have obtained a judgement of possession may seek leave of court to be
exempted from the eviction moratorium by filing a petition, supported by exhibit(s)
and sworn affidavits or declarations subject to the penalty of perjury, establishing
good cause to serve a writ of possession or an alias writ of possession, pursuant to
any of the following bases:
(a) Good faith belief based on first-hand knowledge that the tenant has already
vacated the unit/property.
(b) Breach of the lease terms, such as alleged criminal conduct or damage to the
property, served as the basis for the Judgement of Possession. Habitual non-
payment, late payment of rent or non-payment of utilities shall not be good cause
under this order. Plaintiff Landlords should demonstrate a material breach in
support of their petition.
(c) Landlords owning no more than five (5) rental units, either individually or
through separate entities, who are in severe financial distress, supported by filed
documentary evidence (i.e., not solely testimonial evidence) of such distress.
(d) Other compelling basis not specifically enumerated above, which shall be strictly
scrutinized to ensure that the negative effects of a residential eviction during the
pandemic are mitigated to the satisfaction of the Court.
(5) Notwithstanding the relief available as provided in Section (4) above, Plaintiff
Landlords are not entitled to request leave of court for permission to serve writs of
possession or alias writs of possession if the eviction is otherwise prohibited by law,
such as provided in the September 1, 2020 Order issued by the Centers for Disease
Control and Prevention, as extended through June 30, 2021.
(6) Calculation of the six-month period set forth in Rule 126(e) ("[a]n alias writ of
possession may not be issued after six months from the date of the judgment for
possession without leave of court") and the 180-day period for serving alias writs of
possession (the practice of the Philadelphia Municipal Court is to serve the alias writ
of possession within 180 days from the entry of a judgment for possession), shall
exclude the time from March 16, 2020 through and including May 16, 2021, from the
computation of those time periods. Landlords may file petitions to extend this 180
day period.
7) The Court will be closely monitoring the implementation and impact of the
(
provisions of this order and the conditions surrounding the pandemic to determine
the necessity of continuing, modifying or terminating any or all of the terms of this
order.
(8) This Order supersedes conflicting provisions contained in any prior Administrative
Order.
BY THE COURT:
ls/ Patrick F. Dugan
Patrick F. Dugan, President Judge
Philadelphia Municipal Court
