Affidavit of CARES Act Compliance Required in Evictions

On July 16, 2020 the Pennsylvania Supreme Court issued an Order requiring that every action by a landlord against a tenant for the recovery of possession of real property on or after March 27, 2020 through August 24, 2020 be accompanied by an Affidavit of Compliance with the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, enacted March 27, 2020 (“CARES Act”).

This Order comes not long after Governor Tom Wolf signed another executive order extending the moratorium on evictions and foreclosures until August 31, 2020.

Landlords may find the Affidavit of Compliance here. A copy of the completed Affidavit of Compliance needs to be attached to the complaint and served on the tenant.

In addition to filing the Affidavit of Compliance with the complaint, landlords are to demonstrate compliance with the CARES Act by presenting testimony and evidence including, but not limited to, the Affidavit of Compliance filed by the landlord at the inception of the case at the time of the hearing for the recovery of possession of real property.

A tenant may present testimony and evidence that the landlord is not in compliance with the CARES Act.

The Order further provides landlords with federally backed multifamily mortgage loans must continue to use the Affidavit of Compliance with the CARES Act through the earlier of 60 days – after the termination of the national emergency on COVID as declared by the President or March 1, 2021.

Safa Ashrafi is an associate attorney in the Business Services group. She provides contract law guidance to clients in the real estate, municipal, banking and non-profit industries.