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.”
Governor Vetoes the Emergency Rental Assistance Bill
Governor Phil Murphy has vetoed five proposed Coronavirus. The vetoed bills were designed to assist to families and small business suffering from COVID-19 related hardships. Among these vetoed bills was S-2332/A-3956. This bill was discussed in our prior blog, which can be found here.
LANDLORD TENANT COURTS IN PENNSYLVANIA SET TO REOPEN ON JULY 11TH
Per Pennsylvania Governor Tom Wolf’s Executive Order, Landlord Tenant matters will begin processing on July 11th, 2020.
On May 11th, the Governor stayed all Notice Requirements mandated by the Landlord and Tenant At of 1951 and the Manufactured Home Community Rights Act for 60 days. This action tolled the ability to commence the timelines necessary for the initiation of eviction proceedings. Per the order, all eviction timelines must be computed with a start date of July 10th, 2020, at which point any previously delivered Landlord and Tenant Act of 1951 and Manufactured Home Community Rights Act notices will be deemed delivered and any eviction proceedings may commence. The eviction proceedings requiring compliance with the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act may proceed from that point forward in the normal course of action.
CAI-NJ APPEALS NEW DCA REGULATIONS
On May 18, 2020, Regulations to the Planned Real Estate Development Full Disclosure Act (PREFDA) were adopted and published by the New Jersey Department of Community Affairs (DCA), without giving community associations an opportunity to prepare to implement them.
Executive Order No. 156 & Re-Opening of Playgrounds
On June 22, 2020 Governor Phil Murphy signed Executive Order No. 156. This executive order supersedes the capacity limitations, established by Executive Order No. 152, by increasing the amount of individuals permitted at both indoor and outdoor gatherings. Our prior blog on Executive Order 152, is here.
Executive Order No. 152 - Stay-at-Home Order Lifted
On Tuesday June 9, 2020, Governor Phil Murphy signed Executive Order No. 152. This executive order lifts the state’s stay-at-home order and relaxes the restrictions on indoor and outdoor gatherings, which were established by Executive Order No. 107, on March 21, 2020.
6.10.20 NYC Courts Re-Opening
On June 9, 2020, Chief Judge DiFiore made an announcement that New York City courthouses are opening for judges and designated staff in the City’s five boroughs returning to their courthouses beginning on Wednesday, June 10, 2020. Although the City’s courthouses remained open during the pandemic, State courts limited their operations, consolidated court facilities, and implemented some virtual court operations in light of the COVID-19 pandemic.