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Eviction Diversion and Landlord-Tenant Court

From the Philadelphia Civic Wiki, the free guide to how the city works
Eviction Diversion and Landlord-Tenant Court
TypeCity program plus state court process (general information, not legal advice)
CourtMunicipal Court of Philadelphia (Landlord-Tenant), First Judicial District
Diversion programMandatory pre-filing mediation and rental assistance step for landlords, required by city ordinance since January 1, 2022 (Ord. 210920)
Right to CounselFree lawyers for eligible lower-income tenants in ten designated zip codes (income threshold: confirm with the Philly Tenant hotline)
EnforcementSheriff's Office carries out court-ordered removals

Eviction diversion and landlord-tenant court describe the two-part system through which Philadelphia handles most disputes over unpaid rent or ending a tenancy: a city-created diversion step before a landlord files, and the Landlord-Tenant division of the Municipal Court, a state-created court in the First Judicial District. This article is general information; it does not assess any particular case.

1 Origins of diversion

The Eviction Diversion Program began in summer 2020 under emergency housing-relief legislation passed by City Council during the COVID-19 pandemic. It was run by the Good Shepherd Mediation Program, using volunteer mediators and housing counselors who prepared tenants.[1] Council later extended it, and a city ordinance (No. 210920) made participation mandatory from January 1, 2022.[2] The city's Municipal Court supported the approach. As of 2026, landlords are reported to be required to apply to the program before they can file most eviction cases in Philadelphia, with the program continuing to be administered with partner organizations and funded through the City; readers should confirm current rules at phila.gov.

2 How the Eviction Diversion Program works

Before filing most nonpayment cases, a landlord must send the tenant a Notice of Diversion Rights and apply to participate through the City's online portal; the program materials describe a waiting period before filing, and the exact number of days should be confirmed with the City, because it has changed since the program began.[2] A housing counselor contacts the tenant to explain the process and help gather documents, and the parties meet with a mediator to try to reach a payment plan, assistance agreement or other resolution. Outcomes may include payment of arrears from city or state rental assistance, a repayment plan, or an agreed move-out. If no agreement is reached, the landlord may then file in court. Reported participation figures have been high: early evaluations found most mediated cases ended in an agreement or ongoing negotiation, with one summary citing about 93% of participants reaching an agreement or continuing to negotiate.[2]

3 Right to Counsel

In November 2019, City Council passed legislation creating a right to legal representation in eviction and housing-risk matters for eligible tenants. The Right to Counsel (RTC) program began in a small number of zip codes and has been expanded over time; the City's Philly Tenant website currently lists ten covered zip codes: 19121, 19124, 19131, 19132, 19134, 19139, 19141, 19144, 19153 and 19154.[3] It provides a lawyer at no cost to eligible lower-income tenants in those zip codes, who can apply through the Philly Tenant hotline at (267) 443-2500; it sits alongside other legal and supportive services delivered by legal aid and nonprofit partners (see Legal Aid and Public Interest Law).

4 The Municipal Court process

The Municipal Court is a state court that handles landlord-tenant matters in Philadelphia (see Court of Common Pleas and Municipal Court). In general, a landlord must first give a written notice to quit under the Pennsylvania Landlord and Tenant Act, then file a complaint; the court schedules a hearing, serves the tenant, and a judge decides. Possible results include judgment for possession, a money judgment, a continuance, an agreement between the parties, or dismissal. A losing party may generally appeal to the Court of Common Pleas within a short deadline, and a tenant who wishes to remain during an appeal usually has to meet conditions such as paying rent into court. Only the Sheriff's Office, after a court order and a notice period, may physically remove a tenant; "self-help" evictions by landlords are not allowed. Philadelphia's Safe and Healthy Homes Act, which takes effect on November 1, 2026, adds rules on good cause for lease nonrenewal, retaliation and rental-license compliance that may bear on some cases (see Safe and Healthy Homes Act). The landlord's rental license and Certificate of Rental Suitability are relevant to the case (see Rental Licensing and Landlord-Tenant Law in Philadelphia).

5 Results and debates

Council materials in December 2021 put annual eviction filings at about 19,000 before the pandemic, and the same materials reported that more than 93 percent of mediated cases reached a successful resolution; many observers credit the diversion requirement with helping keep filings below pre-pandemic levels.[3] Tenant advocates generally support mediation and counsel as ways to prevent displacement, while some landlord groups have argued that mandatory pre-filing steps delay recovery of unpaid rent and depend on adequate rental-assistance funding (see Landlord and Property Owner Associations and Tenant and Housing Advocacy Groups). Funding for rental assistance and counsel is set in the city budget.

6 Getting help

A tenant or landlord who receives a notice or court paperwork should read deadlines carefully and seek help promptly. Resources include the City's housing counseling and Eviction Diversion Program contacts, legal aid organizations, and the Municipal Court's self-help materials. See also How to Get Help From the City.

See also: Rental Licensing and Landlord-Tenant Law in Philadelphia, Safe and Healthy Homes Act, Fair Housing Commission, Office of Homeless Services.

References

  1. Next City, "Philadelphia's Eviction Diversion Program Extended After Showing Results," 2020-2021.
  2. PhillyVoice, CBS Philadelphia and Axios Philadelphia reporting on extension of the program through 2022 and Ordinance 210920 (Bill No. 210920, introduced by Councilmember Helen Gym; Philadelphia City Council press release, December 8, 2021); City of Philadelphia, Eviction Diversion Evaluation (2023).
  3. City of Philadelphia, Philly Tenant (phillytenant.org), Right to Counsel and Eviction Diversion pages, accessed October 2026; WHYY reporting on the Right to Counsel expansion; Eviction Lab summaries.