Ask a Lawyer
By: Steven M. Williams
Question:
I am having trouble with my magisterial district judge (MDJ). She does not seem to know much about the law, and despite my attempts to educate her, she continues to do things her way without regard to the law or even the court rules. In most cases, the MDJ sides with my residents, even when it is clear that they are in the wrong—like in a simple nonpayment case. She has even ruled against me in cases in which the residents have admitted that they owe rent. I have tried being nice, but am at my wit’s end. At the expense of alienating her even more, I will do anything to get a “fair shake” in my MDJ’s courtroom. Any suggestions?
Answer:
Magisterial district judges “answer” to the president judge of the court of common pleas (CCP) in your county. Also, all county CCPs have a court administrator who oversees the court operations, including the magisterial district courts. Some counties have a deputy court administrator whose job is focused on the operations of the magisterial district courts in the county. I suggest that you contact the court administrator of your county CCP and voice your concerns about your MDJ. The court administrator should then reach out to your MDJ to try to correct the situation. In extreme cases, the court administrator may get the CCP president judge involved. As you might suspect, taking this step could make matters worse if your MDJ learns that you were the complainant. MDJs are bound to a set of judicial ethics rules that also include appropriate judicial conduct. So, hopefully, your MDJ would not retaliate against you. In any event, however, when all else fails, reaching out to the CCP may be the only solution.
Question:
There is a local real estate agent who continually sells homes in my community and does not tell the buyers (or the sellers) that the buyers need to apply for residency. On several occasions, I have been unable to approve the buyer’s rental application and have been stuck with “residents” who remain in the community without a lease. In most of these cases, I have either been able to evict the “residents” or work out a deal with them to leave. Is there anything I can do to prevent this real estate agent from selling homes in my community?
Answer:
Unfortunately, I have been hearing of this practice a lot lately. You can certainly tell your residents that the agent is not allowed to do business in your community, and you can even send a trespass letter to her to try to keep her out of the property. This may work. However, I have seen these tactics fail in many cases because the agent simply does her business remotely and does not enter the property, the sellers disregard your direction because they hear that the agent is good at what she does and their goal is to simply sell their home, and in many cases, the sale transaction is completed before you even know it is happening. In cases like this, I have had some success in reporting real estate agents to the Pennsylvania Real Estate Commission, or threatening to do so. Real estate agents are bound by a code of ethics. The rules generally require that agents represent their clients in accordance with the law, in their best interests, and that they advise their clients of all material information relating to the transaction. In my opinion, not advising the sellers and buyers of the need for the buyer to apply for residency prior to completing the purchase violates the agent’s code of ethics. If a complaint is filed with the Commission, she could be disciplined by the Commission, which could include the loss of her license. I have found that the mere threat of this may cure the problem.
Question:
I allowed one of my disabled residents to have a service dog in his home notwithstanding my no-pet policy. The dog was great at first and I never heard a complaint. Slowly, though, the dog has become a problem. It frequently gets out and roams the community, it barks at all hours of the day and night; it has shown aggression toward some of the other residents, almost biting two of them; and it attacked a dog in an adjacent neighborhood. I have repeatedly asked the dog’s owner to control it better, but nothing seems to work. The resident has now refused to even talk with me. The last thing he said to me was “it’s a service dog, and you cannot do anything about it.” Please tell me he is wrong. I have already lost one resident because of the dog’s behavior, and I fear that I may lose more.
Answer:
While service dogs are not pets, they are also not “untouchable.” That is, they do not “get a pass” to behave in a manner that is dangerous or disruptive to other residents. When a service dog becomes a problem, you are obligated under fair housing laws, to work with the disabled resident to find ways to solve the problem. When your attempts to resolve the problem fail, there are no ways to resolve the problem, or the disabled resident refuses to work with you to resolve the problem, you are free to take action against the resident for lease violations, including eviction. The law recognizes that service dogs enjoy an elevated status over pets, but, it also requires that service dogs comply with the basic rules of
