CDC Issues Guidance, Apartment Industry Concerns Heard
The U.S. Centers for Disease Control and Prevention (CDC) has created a “Frequently Asked Questions” (FAQ) document as informal guidance to supplement its Order to temporarily halt residential evictions. The CDC Order, as drafted, contained certain ambiguities that the FAQ has now made clear.
Can Landlords Charge Late Fees in New York?
A number of executive orders have been passed by New York Governor Andrew Cuomo extending and expanding the temporary suspension of several New York state laws due to the COVID-19 crisis. Many landlords have inquired if they are permitted to charge late fees to tenants who continue to pay their rent late.
Clarification on Fitness Centers
The Governor signed Executive Order 181 on August 27, 2020. The Executive Order authorized the reopening of the indoor premises of health clubs, including gyms and fitness centers. These health clubs were allowed to open so long as those facilities adopt minimum specified health and safety requirements. You can read about this Order on our blog, here.
Federal Eviction Moratorium – CDC Order
The Department of Health and Human Services, Center for Disease Control and Prevention issued an Order to be published in the Federal Register on September 4, 2020. This Order issues a nationwide eviction moratorium, beginning on Friday, September 4, 2020, which will run through the end of the year, ending (unless extended) on December 31, 2020.
FITNESS CENTERS RE-OPENING
Governor Murphy is expected to announce today the opening of fitness centers in New Jersey, effective September 1, 2020, with restrictions.
New York COVID Rent Relief Program
New York has recently launched a COVID Rent Relief Program available to tenants who meet certain criteria. If a tenant is eligible, their landlord will receive the funds directly.
New York In-Person Evictions to Resume
The administrative judge of the New York City Civil Court announced in an email to tenant attorneys that in-person evictions would begin July 27, 2020. Other counties are expected to incrementally implement a similar procedure. An eviction that was on the calendar before March 16, 2020 will retain priority in being scheduled first. However, as of July 13, 2020, there are still inconsistencies in uniformity of procedures with respect to in-person court appearances.
Community Association Transition: Construction Defects, Implied Warranties and Consumer Fraud
For every condominium and homeowner association, "control" is eventually transferred by the developer to an owner-controlled governing board after construction. This is called "transition." A successful transition is one in which the owner-controlled board works with the developer to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens when negotiations fail?
Legislative Update - Fair Chance in Housing Act
This Thursday, July 16, 2020, the Senate Community and Urban Affairs Committee will be considering the bill with a Senate Number of S250 and an Assembly Number of A1919. This bill establishes the “Fair Chance in Housing Act.”
New York State and the Tenant Safe Harbor Act
On June 30, 2020, New York Governor signed the “Tenant Safe Harbor Act” (a.k.a. the “Hoylman Bill”) into law. This law not only extends the current eviction moratorium for New Yorkers, but it strengthens it as well. The Tenant Safe Harbor Act prevents courts from issuing warrants of eviction or judgments of possession under certain circumstances. The court cannot issue a warrant or judgment if: it would be for non-payment of rent that accrued or came due during the COVID‑19 period, and it would be against a residential tenant or lawful occupant who has suffered a financial hardship during the “COVID‑19 covered period.”