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July 17, 2020

Affidavit of CARES Act Compliance Required in Evictions

The Pennsylvania Supreme Court has ordered that all landlords filing evictions between March 27 and August 24, 2020 must file an Affidavit of Compliance with the federal CARES Act in the form attached to the order.

IN THE SUPREME COURT OF PENNSYLVANIA

IN RE: FILING AN AFFIDAVIT OF COMPLIANCE WITH THE FEDERAL CARES ACT IN LANDLORD-TENANT CASES
No. 537
 
Judicial Administration Docket

ORDER

PER CURIAM

AND NOW, this 16th day of July, 2020, IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that every action by a landlord against a tenant for the recovery of possession of real property filed on or after March 27, 2020 through August 24, 2020 shall be accompanied by an Affidavit of Compliance with the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136 ("CARES Act") in the attached form as available on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us/forms/for-the-public (for actions in magisterial district courts and courts of common pleas) or as available on the website of the Philadelphia Municipal Court at www.courts.phila.gov/municipal/civil/, respectively. A copy of the completed affidavit shall be attached to the complaint and served upon the tenant.

Additionally, every action by a landlord who is a federally backed multifamily mortgage loan borrower, as defined by section 4023(f)(2)-(3) of the CARES Act, against a tenant for the recovery of real property shall continue to be accompanied by the Affidavit of Compliance with the CARES Act through the earlier of 60 days after the termination of the national emergency on COVID-19 as declared by the President or March 1, 2021. See Affidavit, questions 4 and 5.

Notwithstanding the provisions of Pa.R.E. 802, the affidavit is admissible at the hearing or trial for the recovery of possession of real property.

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