Pennsylvania Supreme Court affirms Bucks County "Court Action to Prevent Evictions," giving more time for renters to connect with existing funding for BERA program

"Pennsylvania's highest court on Monday (Aug. 2) 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."

~ Bucks County Courier Times article

DOYLESTOWN - At an Aug. 10 press conference outside the Bucks County Administration Building (old courthouse), Joshua Goldblum, LASP Bristol Managing Attorney, discussed the Pennsylvania Supreme Court ruling of Aug. 2 and the Bucks Emergency Rental Assistance (BERA) program in Bucks County. The PA Supreme Court affirmed Bucks County Courts' administrative order, the "Court Action to Reduce Evictions Program," to pause evictions to give renters extra time to connect to existing funding through the Bucks Emergency Rental Assistance (BERA) program.

"There was a disconnect between the processing of the funds appropriated for the benefit of tenants and landlords and the speed that the Landlord-Tenant Act can be used to evict tenants for nonpayment of rent," Goldblum said. "Legal Aid recognized that disconnect. As advocates for tenants, it was our responsibility to bring this disconnect to the attention of the court. Here in Bucks County, we have a culture that facilitated the collaboration of the county, the courts and the advocates for those most directly affected by the pandemic." (See below for the full text of his remarks.)

Other speakers who discussed implementation of BERA, as well as poverty in Bucks County, were:

Secretary Snead noted, "What you all have done in Bucks County with the BERA program in partnership with the courts is really innovative and is exactly what we want to see from other counties around the Commonwealth."

Snead discussed the impact of an eviction filing on a renter. "When an eviction is filed against somebody, that is on their record forever. In Pennsylvania, it's not just the lockout that results in that eviction filing being on somebody's record, but the actual filing itself. So we really encourage landlords and tenants to come together and collaborate on those applications, so we don't risk ruining the future rental history for people across the state."

Bucks County has around an 85% approval rate for BERA applications, Fields said. "The most common reasons people would not be accepted is that they're applying for the wrong area," he said. For example, a Philadelphia resident applying for BERA, rather than the ERAP (Emergency Rental Assistance) program available in the city, would be rejected in Bucks County and would need to apply in the city.

As of Aug. 10, Bucks County had processed more than 1,000 BERA applications and disbursed the funds for those successful applications, with another 400 applications being processed. The goal is to process applications in 30 days or less, but if a tax return or other required document cannot be found, then applications can take longer than 30 days. "Those extended timelines are why the additional 30-day continuance the court order allows for is so important, because someone literally has to be waiting to get the check sent to the landlord, but the eviction will happen prior to that," Fields said.

Lukoss explained that very simple issues can spiral into homelessness. "Once a family or individual is homeless, it is 10 times harder to secure a new place to live in. ... People fall behind for really simple reasons. A car repair bill, childcare costs. ... Missed time from work is something we heard a lot about this past year. ... We have always worked closely with tenants and landlords to resolve the crisis and help people stay housed. But each situation is unique. And our approach is to work creatively with each household and landlord to positively resolve the housing issue. We want people to stay in their homes when possible, and we want the property owners to be paid."

State Sen. Maria Collett addressed the issue of hidden poverty in Bucks County. "There's a misconception that everyone who lives around here is financially well off," she said. "But even before COVID struck our region, 30% of Bucks County residents were earning less than the basic cost of living in the county. Even more didn't have enough money saved to survive a month without a paycheck. When COVID struck, that exacerbated the hardships for those families that were already struggling to get by, and it created hardships for others who were finding themselves in tough times, often for the first time in their lives."

On Aug. 26, the U.S. Supreme Court ended the Centers for Disease Control (CDC) limited eviction moratorium that was scheduled to be in effect from Aug. 3-Oct. 3. LASP attorneys had been seeing an increased number of eviction cases even before Aug. 26.

Though the eviction moratorium has ended, the Bucks County's administrative order, as affirmed by the PA Supreme Court, remains in effect.

LASP encourages renters to apply AS SOON AS POSSIBLE for rent and utility assistance in their respective counties. Programs with funding CURRENTLY available to help renters in Bucks, Chester, Delaware and Montgomery counties, and throughout Pennsylvania, are on our website news page: bit.ly/rent-utility-help, or scroll down.

Legal Services Corp., a major funder of LASP and other legal services programs across the country, published a press release, "LSC Applauds Attorney General Merrick Garland’s Call for Members of the Legal Community to Address Looming Housing and Evictions Crisis." (Aug. 30): bit.ly/38qczOT.

Bucks Emergency Rental Assistance (BERA) has funding to prevent eviction and pay landlords. Apply at buckscounty.org/renthelp.

Live in another county? Visit LASP's news page for rent and utility assistance programs in Pennsylvania + Bucks, Chester, Delaware and Montgomery counties: bit.ly/rent-utility-help. All have funding in place to help renters and landlords.

Full text: Josh Goldblum, Bristol Managing Attorney, presented the following remarks at Aug. 10 press conference

"Thank you, Jeff (Fields), (PA Dept. of Human Services Acting) Secretary Snead, commissioners and other distinguished guests. Good afternoon, and nice warm afternoon. I'm Josh Goldblum. I am the managing attorney of the Bristol Office of Legal Aid of Southeastern Pennsylvania. The lawyers of Legal Aid represent individual tenants, those most severely affected by the scourge of COVID, and the economic consequences of the pandemic that continue to tear through our community. Both tenants and landlords felt the brunt of these economic consequences. As the country was forced to shut down its economy to protect itself from the ravages of the pandemic, Congress responded with appropriations of unprecedented funds for emergency rental assistance to be paid directly to landlords to avoid the avalanche of evictions that was coming. The CDC eviction moratorium provided breathing room to disburse the funds.

"But the CDC eviction moratorium was terminating on July 31. With the moratorium gone, there would be a new legal obstacle under state law to stopping the evictions in time. There was a disconnect between the processing of the funds appropriated for the benefit of tenants and landlords and the speed that the Landlord-Tenant Act can be used to evict tenants for nonpayment of rent. Legal Aid recognized that disconnect. As advocates for tenants, it was our responsibility to bring this disconnect to the attention of the court. Here in Bucks County, we have a culture that facilitated the collaboration of the county, the courts and the advocates for those most directly affected by the pandemic. The county, under the direct leadership of Jeff Fields and the Dept. of Housing & Community Development, created the Bucks County Emergency Rental Assistance Program (BERA). Remarkably, Bucks County created this entire program on the fly to effectively and efficiently disburse funds to satisfy past and ongoing rent and utility obligations. I am not exaggerating. BERA has saved lives.

"However, that assistance would not have helped if tenants were evicted while waiting just a few weeks for their applications to be processed. The Landlord-Tenant Act does not provide enough time for these applications to be processed before the law compels an eviction. Legal Aid appealed to President Judge Bateman to use his legal authority to intervene in issuing an emergency order allowing just a short relaxation of the strict time limits imposed by the Landlord-Tenant Act.

"Judge Bateman answered the call. He facilitated a collaboration with the County, Court Administration, under the leadership of Steve Heckman, and Legal Aid to work together to modify the procedure for evictions, and on a temporary basis, allow additional time for tenants to apply to BERA for rental assistance.

"Yet, even that effort was not enough. The solution to fix the disconnect between the time to process rental assistance and the eviction laws may have had some technical flaws, that might have led some to question the authority of the court to fix this disconnect. So the court took the extraordinary step of submitting its proposed fix to the Pennsylvania Supreme Court for specific authorization to issue its emergency order. The Supreme Court gave its approval of the emergency order within days. Our immediate problem was solved. No tenant in Bucks County who has now applied for emergency rental assistance should now be evicted pending approval of their BERA application.

"Of course, the problem of unnecessary evictions that may proceed, while funds for emergency rental assistance are being processed, is not just a Bucks County problem. It exists across the state and across the country. Just after approval by the Pennsylvania Supreme Court of the Bucks County order, the CDC extended its eviction moratorium through Oct. 3. And we welcome that extension. However, the legal challenges to the CDC eviction moratorium remain. Its legal validity remains uncertain.

"Therefore, it is incumbent both upon other local courts to consider following the lead of Bucks County. The Bucks County Court has shown the way. Its "Court Action to Reduce Evictions Program" is temporary and limited. Yet it will stop unnecessary evictions whether or not the CDC eviction moratorium survives new court challenges. It has been authorized by the Pennsylvania Supreme Court and stands on sound legal grounds. It will give tenants and landlords the reasonable opportunity to access emergency assistance for the benefit of tenants, landlords and the entire community. It really has been a privilege to participate in this process. I thank everyone involved in it. We worked together really well. Thank you very much."

WASHINGTON – The Federal Housing Administration (FHA) on July 30, 2021 announced an extension of its moratorium on evictions for foreclosed borrowers and their occupants through Sept. 30, 2021, and noted the expiration of the foreclosure moratorium on July 31, 2021. This extension is part of President Biden’s announcement on July 29 that federal agencies will use their authority to extend their respective eviction moratoria through the end of September, which will provide continued protection for households living in federally-insured, single-family properties. FHA’s eviction moratorium extension will avoid displacement of foreclosed borrowers and other occupants who need more time to access suitable housing options after foreclosure.

U.S. Dept. of Housing & Urban Development (HUD) press release (July 30): bit.ly/3xjfxi2

"NAACP forum offers help with rental assistance programs"

Pottstown Mercury | Aug. 20 | bit.ly/3DcbMyY

Lansdale Reporter | Aug. 22 | Front page Sunday edition

Norristown Times-Herald | Aug. 22 | bit.ly/3AXSgo2

Brandt's blog post, "Digital Notebook," incudes additional information for renters: bit.ly/3B88ds1.

by Katie Meyer | WHYY News | Aug. 10, 2021 | bit.ly/2VNE7L3

Excerpt: "Bucks County officials are urging other counties to make use of a legal ruling they recently won, & pause eviction proceedings for the thousands of Pennsylvanians who are vulnerable to being thrown out of their homes."

by Katie Meyer | WITF | Aug. 11, 2021 | bit.ly/3iFQm5p

by Charlotte Keith | Spotlight PA & Philadelphia Inquirer | Aug. 11, 2021 | bit.ly/3sdbHWN

by Tom Sofield | LevittownNow.com | Aug. 11, 2021 | bit.ly/3xJe3hg

Guest Column: "Re-entry, resetting and redemption--Not just any pardon clinic"

by Stacey Mandel | Delaware County Daily Times | Aug. 7, 2021 | bit.ly/3jzhYrT

Spotlight PA | Aug. 4, 2021 | bit.ly/2TUKgnV

PennLive | Aug. 3, 2021 | bit.ly/3yrVPC0

by Charlotte Keith | Williamsport Sun-Gazette | Aug. 2, 2021 | bit.ly/3gORDpm

by Jo Ciavaglia | Bucks County Courier Times | Aug. 2, 2021 | bit.ly/3xshxos

Excerpt: Bucks County can continue an administrative order granting temporary stay on some evictions for nonpayment of rent.

by Tom Sofield | LevittownNow.com | Aug. 2, 2021 | bit.ly/3xny1y1

by Matthew Goldstein | New York Times | Aug. 9, 2021 | nyti.ms/2VFcZxZ

"Why Do We Make Things So Hard for Renters? Relief came late, then slowly, and renters have been subject to political brinkmanship. We can do better."

by Ron Lieber | New York Times | Aug. 6, 2021 | nyti.ms/2VDkx4m

Through LASP's partnership with the Veterans Multi-Service Center (VMC) starting in June 2020, advocates in the Veterans Advocacy Project have provided legal services to 112 veterans experiencing or at risk of experience homelessness. For these veterans and veteran families, LASP opened 298 cases for matters ranging from public benefits, Social Security, and unemployment compensation to landlord-tenant to VA benefits and discharge upgrades to criminal records expungements.

These numbers include VAP's expanded outreach/representation to assist VMC participants experiencing, or at risk of experiencing, homelessness in 13 counties in central and northern PA (Centre, Clinton, Dauphin, Franklin, Fulton, Juniata, Lebanon, Lycoming, Mifflin, Northumberland, Snyder, Tioga, and Union) in collaboration with North Penn Legal Services and MidPenn Legal Services. 

LASP's Veterans Advocacy Project is funded in part by VMC, who receives funding from the U.S. Dept. of Veterans Affairs. In June, the VA awarded $418 million in grants to more than 260 non-profit organizations, which enabled low-income Veteran families in Bucks, Chester, Delaware and Montgomery counties and around the nation, to access services under the Supportive Services for Veteran Families (SSVF) program. SSVF grantees are authorized to use the funds to rapidly re-house Veterans who become homeless or to prevent Veterans from becoming homeless, which includes partnering with legal service agencies to provided necessary advocacy to preserve housing.

VA funding announcement: bit.ly/3m5fiVW.

Upcoming veterans outreach: LASP's veterans advocates will attend the Veterans Expo co-hosted by the Coatesville VA Medical Center and PA Rep. Craig Williams. The expo is Friday, Sept. 17 at Upper Chichester Recreation Center.

Scroll down for details, or visit lasp.org/events/veterans-expo-9-17-2021

Michelle Dempsky joins Pottstown NAACP Town Hall: "Understanding the Housing Crisis"

LASP Staff Attorney Michelle R. Dempsky shared "know your rights" information for renters Aug. 19, as part of the Pottstown NAACP's virtual Town Hall, "Understanding the Housing Crisis." The Pottstown NAACP hosted the event on Facebook Live; the 55-minute event can be viewed here: facebook.com/watch/live/?v=362638418734039&ref=search. For news coverage of this event, scroll down to "LASP in the news."

Emanuel Wilkerson, Secretary of the Pottstown NAACP, narrated the discussion. In addition to Michelle, additional panelists were:

On Aug. 5, Michelle Dempsky presented at a Spotlight PA panel, "HOUSING PENNSYLVANIA: Everything we know about evictions and rental assistance." Charlotte Keith, of Spotlight PA, hosted the virtual event. Other panelists were Meg Snead, Acting PA Secretary of Human Services, and Kyle Webster, General Counsel for ACTION-Housing Pittsburgh. The 54-minute discussion can be viewed on YouTube. For links to news coverage, see "LASP in the news" below.

Renters who are behind on rent and utility payments need to APPLY NOW for help through the state and county programs to prevent eviction. LASP encourages renters who need help to apply for these programs.

Pennsylvania Emergency Rent [and Utility] Assistance Program (ERAP)

PA's Dept. of Human Services (DHS) website for the Emergency Rent [and Utility] Assistance Program (ERAP) is open for applications. bit.ly/38YznWs. Tenants can apply through COMPASS or their county offices (see the statewide list). The paper application is available in English, Spanish and other languages.

Bucks Emergency Rental Assistance (BERA) Program

bit.ly/BucksBERA, or call 1-888-50-BUCKS. Tenants and landlords are encouraged to apply. LASP is a partner in BERA.

Need rental assistance? Call 211 and select prompt 2.

Tarde con el pago de la renta? Enfrentando un desalojo? Llame al 211.

Delaware County Emergency Rental Assistance (ERA)

Delaware County Emergency Rental Assistance opened March 26, 2021, at delco-era.com.

Montgomery County Emergency Rent and Utility Coalition (ERUC): yourwayhome.org/eruc

Call Your Way Home by dialing 211, text your zip code to 898-211, OR contact any of the following six participating nonprofits directly:

Norristown Emergency Rental, Mortgage, and Utility Assistance - Home Improvement Program (ERMUA) https://hip.cgph.net/norristown-cares. Clients can call 484-808-2112, email NorristownCARES@gmail.com, or fill out an application online.

Delco CARES assistance is available to qualified homeowners in Delaware County who have been financially impacted by COVID-19.

Learn more about eligibility guidelines available assistance through Delco CARES at LASP's website news page: lasp.org/news/delco-cares-for-homeowners-2021, or click image at right for PDF flyer.

To apply to Delco CARES, please contact:

Residents of Upper Darby Borough, Haverford Township and Chester city should contact their municipality to determine the availability of mortgage assistance programs in their community.

"Reminder: Federal Temporary Unemployment Benefit Programs To End Sept. 4" (PA Dept. of Labor and Industry press release): bit.ly/3AuJJJ7.

"Resources for Pennsylvanians Facing Unemployment Due to COVID-19" includes PA programs that can provide assistance.

Statewide legal aid resource for UC info: UChelp.org

Philadelphia Legal Assistance (PLA) offers a new statewide resource with updates on Unemployment Compensation (UC), Pandemic Unemployment Assistance, the new state UC website, and work requirements. Pennsylvania Legal Aid Network (PLAN) is a partner with PLA on the project. Visit:

Staff Attorney Deborah Steeves hosted a LASP information table at the ninth annual Chester County Single Mothers Conference.

Join the virtual Southeast Regional Community Support Program (CSP) meeting Monday, Sept. 13, 2021, 3-5 p.m.

Topic: HOUSING, with Christina Drzal, Regional Housing Unit Supervising Attorney.

Details: lasp.org/events/southeast-regional-csp-9-13-2021

At a Veterans Expo co-hosted by the Coatesville VA Medical Center and PA Rep. Craig Williams, veterans and family members can speak to subject matter experts about Veterans benefits and services available at the federal, state and local levels. The expo is Friday, Sept. 17 from 10 a.m.-2 p.m. at the Upper Chichester Recreation Center, 8500 Furey Road, Upper Chichester, PA 19014.

More info: lasp.org/events/veterans-expo-9-17-2021

EXTON - A free legal clinic will be held monthly at PA CareerLink of Chester County on the third Tuesday of every month this fall: Sept. 21, Oct. 19, Nov. 16 and Dec. 21. Each session will be from 9 a.m.-noon at PA CareerLink, 479 Thomas Jones Way, Suite 500, Exton, PA 19380. The clinics are in partnership with LASP, the United Way of Chester County's Financial Stability Center, and PA CareerLink of Chester County.

To schedule a 30-minute appointment with a Legal Aid of Southeastern PA attorney, contact Edwina at 610-429-9400, ext. 4115 or ejohnson@uwchestercounty.org.

Click flyer at right for one-page PDF.

STAY TUNED to lasp.org/events:

If you received e-news as a forwarded email, or if you found it on social media, please subscribe at lasp.org/enews or email Marion Hoffman Fraley, Communications Director, at mfraley@lasp.org.

Past issues are at lasp.org/enews.