Writ of Certiorari Section 8 Tenant’s Supersedeas Affidavit – Pennsylvania

The Writ of Certiorari Section 8 Tenant’s Supersedeas Affidavit form is used by a Section 8 tenant to request a stay of execution on a Magisterial District Court judgment that awarded their landlord possession of the tenant’s dwelling. The affidavit asserts the tenant’s inability to pay certain amounts and verifies participation in the Section 8 program.

This form is designed to protect the rights of Section 8 tenants by allowing them to request a court review of an eviction judgment and to stay the eviction while the review is pending, provided they meet certain financial and program participation criteria.

To fill out this form accurately, follow this guide:

1. Affiant Information
   • Print Name & Address: In the designated blank space, clearly print your full name and your complete address.
2. Statement of Inability to Pay
   • Filing Praecipe: Check the appropriate box or line confirming that you have filed a Praecipe for a Writ of Certiorari to review the Magisterial District Court’s judgment.
   • Financial Ability: Indicate that you do not have the financial ability to pay the lesser of three times your monthly rent or the actual rent in arrears by completing this statement truthfully.
   • Income Limits: Confirm that your total household income does not exceed the income limits specified in the instructions for obtaining a stay pending issuance of the Writ of Certiorari.
   • In Forma Pauperis Affidavit: Confirm that you have completed an In Forma Pauperis (IFP) affidavit to verify your financial status.
3. Current Rent Payment Status
   • Rent Payment This Month: Indicate whether you have paid the rent for the current month. If you have paid, leave the “have” option; if not, cross out the “have not” option.
4. Monthly Rent Amount
   • Rent Paid to Landlord: In the blank space provided, write the total amount of monthly rent that you personally pay to your landlord.
5. Section 8 Program Participation
   • Program Participation: Certify that you are a participant in the Section 8 program.
   • Termination of Assistance: Confirm that you are not subject to a final decision by a court or government agency that terminates your right to receive Section 8 assistance based on your failure to comply with program rules.
6. Verification and Penalty Statement
   • Truthfulness of Statements: Read the verification statement confirming that the information you have provided is true and correct to the best of your knowledge, information, and belief.
   • Penalties: Acknowledge that making false statements is subject to the penalties of 18 PaC.S. § 4904, relating to unsworn falsification to authorities.
7. Signature and Date
   • Date: Write the date on which you are completing the form.
   • Signature of Tenant: Sign your name in the designated space to validate the affidavit.

Tips for Filling Out the Form

• Use Black Ink: Always use black ink to fill out the form for clarity and formality.
• Print Neatly: Ensure all information is printed clearly and legibly to avoid any misunderstandings or processing delays.
• Review Instructions: Carefully review any specific instructions provided with the form to ensure all requirements are met.
• Keep Copies: Make a copy of the completed form for your records before submitting it to the court.

Additional Resources

• Court Assistance: If you need help understanding or filling out the form, you can contact the court clerk for assistance.
• Legal Aid: Consider seeking help from a legal aid organization if you have questions or need legal advice related to your situation.

This guide is designed to help you complete the Section 8 Tenant’s Supersedeas Affidavit accurately, ensuring that your request for a stay of eviction is properly processed.