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UPDATE – PENNSYLVANIA ISSUES EXECUTIVE ORDER FURTHER RESTRICTING THE COMMENCEMENT OF CERTAIN ACTIONS RELATED TO THE DISPOSSESSION OF PROPERTY, INCLUDING FORECLOSURES
By May 26, 2020 Posted in Firm News Share
On May 7, 2020, the Commonwealth of Pennsylvania issued an Executive Order that further stayed actions concerning the dispossession of certain real property in light of the COVID-19 pandemic. The moratorium on foreclosures and evictions proceedings that would have been lifted on May 11, 2020, has now been extended to July 10, 2020.
Specifically, Section 1 of the Commonwealth’s Executive Order states:
Commencing on May 11, 2020, the notice requirements mandated by Act 6 and Act 91 are stayed for 60 days, thereby tolling the ability to commence the timelines and necessary Act 6 and Act 91 compliance that must be satisfied prior to the initiation of foreclosure actions. All foreclosures requiring compliance with Act 6 and Act 91 cannot commence for 60 days until July 10, 2020. All foreclosure timelines must be computed with a start date of July 10, 2020, at which point any previously delivered Act 6 and Act 91 notices will be deemed delivered and any foreclosure process may commence. The foreclosure actions requiring Act 6 and 91 compliance may proceed from that point forward in the normal course of action.
Further, Section 2 of the Executive Order States:
Commencing on May 11, 2020, the notice requirements mandated by the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act are stayed for 60 days, thereby tolling the ability to commence the timelines necessary for the initiation of eviction proceedings. All eviction proceedings requiring compliance with the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act cannot commence for 60 days until July 10, 2020. All eviction timelines must be computed with a start date of July 10, 2020, at which point any previously delivered Landlord and Tenant Act of 1951 and Manufactured Home Community Rights Act notices will be deemed delivered and any eviction proceedings may commence. The eviction proceedings requiring compliance with the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act may proceed from that point forward in the normal course of action.
The language of the Executive Order essentially restricts all foreclosures and evictions to a commencement date of July 10, 2020, regardless of when the prior required notices were delivered. The Executive Order will remain in effect until July 10, 2020, at which point the Commonwealth will then determine if a further extension on the restriction is appropriate. Until then, our office will continue to prepare foreclosure and eviction complaints in accordance with the Executive Order and will be ready to move forward once the restriction is lifted.
While the Commonwealth’s Court system’s operation is limited by the COVID-19 pandemic, we are hopeful this further moratorium on foreclosures and evictions will not be extended beyond July 10, 2020. Until then, should you have any questions please contact our office.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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