In re Filing an Affidavit of Compliance With the Federal CARES Act in Landlord-Tenant Cases

Summary

This document is a Pennsylvania form affidavit and supplemental instructions for demonstrating compliance with the federal CARES Act in landlord-tenant possession actions. It addresses covered housing programs, federally backed mortgages, mortgage forbearance, required notices to vacate, and filing and hearing requirements.

Holdings

1. Every action by a landlord against a tenant for recovery of possession of real property filed in a Pennsylvania magisterial district court or the Philadelphia Municipal Court must be accompanied by an Affidavit of Compliance with the federal CARES Act.
2. At the hearing for recovery of possession, the landlord must demonstrate compliance with the CARES Act through testimony and evidence, including but not limited to the affidavit filed at the inception of the case; the tenant may present contrary testimony and evidence.

Questions Presented

1. Whether landlord actions for recovery of possession filed in Pennsylvania magisterial district courts or the Philadelphia Municipal Court must be accompanied by an affidavit demonstrating compliance with the federal CARES Act.
2. What evidentiary showing is required to establish CARES Act compliance at a hearing for recovery of possession.

Disposition

other