Appeals

Appeals are the right of every defendant and plaintiff who receives an adverse judgment from the Magisterial District Court. Most often this is the tenant appealing a judgment against them in a Landlord Tenant Complaint.  The tenant has 10 days from the judgment to file for an appeal with the Allegheny Housing Court. The filing is either done by the tenant or their legal representative (e.g. Neighborhood Legal).  The manager will receive notice of this by mail but can also check to see if one is filed by checking the PA Case Search website or contacting the Magistrate's office.

Here are the steps once you have received notice of an appeal being filed:

1. A formal response to appeal will need to be filed either by the owner or an attorney.

2. A hearing will be scheduled typically within two months where either the owner attends and/or an attorney represents them there with the property manager in attendance.

3. The hearing can either be with a single judge or, more commonly, a panel of arbitrators. This is a new hearing on the basis of the initial case, not a review of the hearing at the magistrate so be ready to present the case fresh again. 

4. A verdict is reached.  If that verdict is favorable, the same 10-day window applies for the tenant to appeal it to the next court.  

5. The attorney or owner will get a written Non-Jury Verdict.  You will need a copy of this ASAP.

6. Depending on the judgment, the next step may be possession which is explained separately.

What are some ways that an appeal is terminated?

• The tenant and manager come to an agreement to meet the judgment called a consent order. This is then filed by the attorney with the court and ends the appeal.

• The tenant fails to pay rent to the court monthly as required. The attorney can then file to terminate the appeal and move immediately to execute the original judgment and typically results in a physical eviction.

Notes for attending an appeal hearing:

• It is held at the City County Building downtown. Parking is challenging so give lots of time to park and walk to the building.

• Dress professionally. This doesn't mean super formal but a professional appearance makes an impression with the arbitrators.

• Plan for a long day. The appeals are all scheduled for 9am and then are called in whatever order the court chooses. This can be as late as 1pm so take something to do while you wait.

• Bring at least 3 copies of anything you want to present at the hearing so that you have a copy, the tenant can have a copy and at least one copy for the arbitrators. Usually there are 3 arbitrators so if you have 6 copies, 3 for the arbitrators and a spare for the attorney, that is a good plan.

Additional Information:

• Allegheny County Housing Court Website includes all the details on the process including a good FAQ: https://www.alleghenycourts.us/civil/about/housing-court/.

• Department of Court Records search page to get updates on the hearing and a copy of the judgment quicker: https://dcr.alleghenycounty.us/Civil/LoginSearch.aspx.