UPDATE – PENNSYLVANIA ISSUES EXECUTIVE ORDER FURTHER RESTRICTING THE COMMENCEMENT OF CERTAIN ACTIONS RELATED TO THE DISPOSSESSION OF PROPERTY, INCLUDING FORECLOSURES
On May 7, 2020, the Commonwealth of Pennsylvania issued an Executive Order that further stayed actions concerning the dispossession of certain real property in light of the COVID-19 pandemic. The moratorium on foreclosures and evictions proceedings that would have been lifted on May 11, 2020, has now been extended to July 10, 2020.
Executive Order 147 – Further Openings With Restrictions
Another day, another Executive Order. These newer Executive Orders being received, however, are a great step toward the re-opening of the State of New Jersey. We look forward now to further openings. Below are those businesses/activities allowed to open under the newest Executive Order, published yesterday on the Governor’s website today:
EXECUTIVE ORDER 142 – GOVERNOR BEGINS TO OPEN NEW JERSEY NON-ESSENTIAL CONSTRUCTION, NON-ESSENTIAL RETAIL STORES AND GATHERINGS BY VEHICLE
The Governor for the State of New Jersey has issued another Executive Order. We all are hoping that this pandemic will come to an end soon. This Executive Order is a step toward reopening. Executive Order 142 authorizes the reopening of some non-essential businesses or operations, with the restrictions set forth in the Order.
PAYCHECK PROTECTION, LOAN FORGIVENESS, AND TITLE I OF THE CARES ACT
The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. Title I of the CARES Act is separately titled the “Keeping American Workers Paid and Employed Act”. Within it are conditions for loan forgiveness and the Paycheck Protection Program (“PPP”). This section of the CARES Act greatly impacts the availability of Small Business Association (“SBA”) loans. The purpose of Title I of the CARES Act is to assist underfunded businesses (including nonprofits) so they can keep their employees on payroll, covered by health insurance, and off unemployment.
(UPDATE) Governor Murphy issued Executive Order 109
Governor Murphy issued Executive Order 109 (EO 109) last week, in furtherance of the previously issued executive orders and precautions taken in response to the Covid-19 emergency. The order limits use of hospitals and other medical equipment, obligates businesses in possession of unneeded PPE and equipment to submit their inventory to the State, and allows for changes in medical practice and licensing as necessary in order to preserve as much of the State’s capacity as possible to combat the Virus in New Jersey. In addition to giving the Commissioner of the Department of Health greater authority to bind New Jersians under its guidance to combat this health crisis, the order, which is enforceable under the penalties of New Jersey State Law, directs the following:
NJ Essential Businesses Update
Governor Murphy announced on March 24, 2020, through an administrative order, which permits additional retail businesses to operate during their normal business hours during the COVID-19 outbreak. In accordance with Executive Order 107, the following businesses are now considered essential: Mobile phone retail and repair shops; Bicycle shops, but only to provide service and repair; Livestock feed stores; Nurseries and garden centers; and Farming equipment stores.
Pennsylvania Courts – Covid-19 Update
In the midst of these unusual times, Petitioners, Civil Rights Defense Firm, P.C., Firearms Policy Coalition, Inc., Prince Law Offices, P.C., Trop Gun Shop Ltd., and Roger Mullins, filed a Petitioners’ Emergency Ex Parte Application for Extraordinary Relief Pursuant to the Court’s King’s Bench Jurisdiction, against Governor Tom Wolf. In that application, the Petitioners challenged the constitutionality of the Governor’s March 19, 2020 Order, which ordered all businesses that were not life-sustaining to be closed. In response, the Supreme Court of Pennsylvania Middle District held on March 22, 2020, “With respect to those Petitioners alleging that the Governor’s March 19 Order infringes on this Court’s exclusive authority to regulate the practice of law, or otherwise interferes with this Court’s orders declaring a statewide judicial emergency…, the Application is DISMISSED AS MOOT.” The Order further states, “Although the Governor’s March 19 Order provides that businesses performing “Legal Services” must cease physical operations, he subsequently added the following proviso: ‘Except as required to allow attorneys to participate in court functions deemed essential by a president judge per the Pennsylvania Supreme Court's order of March 18, 2020, or similar federal court directive, and lawyers may access their offices to effectuate such functions and directives.’”
Governor Murphy's Executive Order
Governor Murphy issued a “Stay at Home” Order, by way of Executive Order Number 107, in response to the increasing number of positive COVID-19 test results. The Executive Order is available in the link below: https://nj.gov/infobank/eo/056murphy/pdf/EO-107.pdf
New York Covid-19 Updates
In response to Covid-19, as of March 20, 2020, New York Governor Andrew Cuomo announced that he will be signing an executive order which will state that all workers in non-essential businesses must stay home. Cuomo stated that “only essential businesses can have workers commuting to the job or on the job.” All non-essential gatherings of any size are cancelled or postponed. These new rules are to go into effect on Sunday, March 22, 2020. Essential businesses include grocery stores, pharmacies, gas stations, and banks. The Governor noted today that this is a legal order and will be enforced. Businesses not in compliance are subject to civil fines and mandatory closure.