The Supreme Court recently put an end to the moratorium imposed by the CDC. The most recent extension imposed by the CDC, however, was absent any support by the executive or judicial branch, and with the legislative branch taking a back-seat, many Landlords were left in a “gray area.” Technically, the CDC over-reached its authoritative powers in extending the moratorium absent Executive approval from the White House. While the Supreme Court made clear this extension was without the approval/authorization needed to allow it to stand on its own, the Pennsylvania Courts imposed their own protections until the highest court of Pennsylvania stepped in to settle the lingering dust. As of October 4, 2021, the moratorium was brought to a close. So the question remains, “now what?”
Latoison Law has handled Landlord-Tenant matters for many years, and has developed its practice around addressing a number of questions, including the “what now?”
A few things need to be understood when undertaking this question. The first is that the moratorium’s displacement means that Tenants may no longer claim protection using the “Protection from Eviction” applications which required little to no proof of legitimacy. Indeed, many who neither faced risk of exposure to Covid-19, or otherwise obtained an income that disqualified their participation in such a program, were given the benefit of the doubt. The Pennsylvania Courts, however, in eliminating this channel, have brought an end to the delay, but the delay, unfortunately, is likely to continue, due to the backlog caused by the hold placed on a number of these cases.
The Takeaway?
The takeaway here is simple. With the recent release of the moratorium on evictions, namely those where tenants filed the illusory protection from eviction application, Landlords can expect some delays in the Courts as they grapple to catch-up on evictions. However, this does not mean that courts will stop looking closely at the proceedings, and that Landlords will be subjected to a lesser burden. For many Landlords the fear of waiting so long only to learn that they failed to properly comply with their own obligations inclusive of amending the judgments obtained against tenants, complying with rules regarding self-help, and timely filing the necessary prosecutorial materials, could force Landlords to start from the beginning. Regardless of the avenue that must be taken, Landlords should defer to firms like Latoison Law who know well the rules governing appeals, the district courts, and whether an additional filing is required to cover additional rent monies owed during periods of eviction protection. Call a Latoison Law attorney today at 610-999-1439 to determine what avenue you need to take, and how we can make a somewhat daunting process, seamless, effortless, and as simple as possible.
