Pa Supreme Court greenlights Bucks County eviction stay program

Pennsylvania's highest court on Monday gave its approval for Bucks County to reinstate a court order delaying evictions for people unable to pay rent because they lost income during the COVID-19 pandemic so they can seek federal rental aid.

The July 22 administrative order was put on hold Thursday, two days before the federal eviction moratorium expired, opening the door for hundreds of potential eviction proceedings to move forward in Bucks County.

Bucks County is at least the second in Pennsylvania to receive state Supreme Court approval to continue halts on evictions for tenants who owe rent as a result of job changes or loss related to the ongoing pandemic. The temporary stay can continue through Oct. 31. 

The Philadelphia Municipal Court's Landlord Tenant Diversion Program received high court approval on July 2. 

Nearly 2,000 Bucks Countians have been unable to keep up with rent payments potentially as a result of the pandemic and they were at risk for eviction starting Monday. Renters who have a judgment of possession against them can be locked out of their homes within 10 days once an order is obtained.

More on the eviction moratorium end:Struggling renters have one more month to stave off eviction. Will help arrive in time?

At least 36 landlord-tenant cases were scheduled to be heard on Monday, though it’s unknown how many involved COVID-19 nonpayment evictions.

Bensalem District Judge Michael Gallagher had 20 landlord-tenant hearings scheduled on Monday, but only a couple were seeking judgments of possession, and in those cases the renters had already moved out.

About half of the renters were no shows, resulting in automatic judgments for the landlord. Most awards were for $12,000, the maximum allowed in magisterial court.

"Most of them owe more than that," Gallagher said. 

The Bucks County Emergency Rental Assistance (BERA) program sent a representative to the court to talk to those with hearings scheduled about the available relief and helped some without computers with applications, Gallagher said.

His court has been sending BERA applications with hearing notices it sends out to tenants. Most landlords who appeared before him Monday agreed to 30-day stays if the applicant was seeing rental assistance, Gallagher said.

"We are doing everything we can to help people," he added. "Most landlords just want the money. They aren't looking to kick people out." 

The court rescinded its original order last week after one of the county's 18 district judges objected to the temporary reprieve program during a July 26 meeting between the district judges — who oversee landlord-tenant matters — and court administration.  Court officials have not identified the district judge who objected.   

The meeting was held to explain the July 22 administrative order signed by President Judge Wallace Bateman Jr., which would allow tenants to avoid eviction for up to 60 days if they had applied for pandemic-related rental assistance and were waiting on those applications to be processed and approved.

The program only applies to tenants who show they are behind in rent as a direct result of job losses or changes involving the COVID-19 pandemic. Tenants must sign an affidavit that their inability to pay rent is pandemic-related. Participating landlords must agree, as a condition of payment, not to evict a tenant.

Since the pandemic began in March 2020, there have been 1,906 landlord-tenant judgements issued in favor of plaintiffs in Bucks County, according to Robert Pollock, minority court administrator. It is unknown how many are judgments of possession, the second-to-the-last step before an eviction can be executed, or how many involve unpaid rent as a result of COVID-19. 

More about the Bucks eviction order:Bucks County extends eviction protection for some tenants who owe rent. Here's what to know

Under the Bucks County order, either a tenant or the landlord could submit a request to stay eviction proceedings to the local magisterial court judge.

The request for a temporary reprieve must be signed by a representative of Bucks County Housing Link, which is administering the county's Emergency Rental Assistance program. The representative must certify an application for assistance is pending. 

District judges also have discretion to stay proceedings 30 days, if satisfied a “good faith” application has been, or will be, submitted for the BERA or comparable program.

The order allowed for a 30-day eviction stay, but it could be extended another 30 days upon request. No stay was to last longer than 60 days.

The court cited the “potential negative impacts” on individuals, families and the general public as a result of evictions for individuals unable to make timely payments as a result of the COVID-19 pandemic as a reason for extending the moratorium locally. 

No tenants represented by Legal Aid of Southeastern Pennsylvania had hearings scheduled for Monday, managing attorney Joshua Goldblum said. The organization represents many affected tenants. 

At least one hearing involving a COVID-19 impacted tenant is scheduled for late this week, he added.

"We understand the court’s care in having its order approved by the Pennsylvania Supreme Court so that there can be no doubt as to the court’s legal authority to take these extraordinary steps," Goldblum said Monday ."The immediate risk of countless, unnecessary evictions demanded this extraordinary action

Bucks and Montgomery counties each are slated to receive more than $50 million in federal pandemic-related relief to prevent evictions for people who have fallen behind in the rent as a result of COVID-19. 

The eviction prevention funding, part of the two main federal pandemic relief bills, can pay up to 15 months back rent, utilities, late fees, and other housing-related expenses as far back as April 1, 2020. Individuals also may qualify to have an additional three months' advance rent covered. 

Since the program started March 1, Bucks County has received more than 1,600 completed applications for assistance. Another 714 applications have been started, but not submitted, said Jeff Fields, Bucks County Director of Housing & Community Development, which is overseeing the BERA program.  

The BERA program is working to qualify applications as quickly as possible, Fields said in an email Monday. 

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How you can get rental help in Bucks and Montgomery counties

For general information and Frequently Asked Questions for the federal COVID-19-related rental assistance program, visit the U.S. Department of Treasury website at home.treasury.gov. 

Bucks County Emergency Rental Assistance

Further information about the program, and an application, can be found at buckscounty.gov/828/Emergency-Rental-Assistance-BERA or call 888-50-BUCKS.

Applicants do not need to be in arrears with rent to apply for the program, and the program can provide up to three months advanced rent for those who qualify. 

Montgomery County Emergency Rent & Utility Coalition program

Further information about the programs can be found at yourwayhome.org/eruc or call 2-1-1 or text your ZIP code to 898-211.