Executive Order No. 151
On June 4, 2020, Governor Phil Murphy signed Executive Order No. 151. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, extended on April 7, 2020 through Executive Order No. 119, and extended further on May 6, 2020 through Executive Order No. 138. Pursuant to Section 26:13-3(b), of the Emergency Health Powers Act, public health emergencies declared by the Governor shall automatically terminate after 30 days, unless renewed for an additional 30 days through a declaration of the Governor.
June 2020: The Focus on Re-opening
Governor Murphy has been attempting to re-open the State of New Jersey. This plan appears to be a synchronization with the worldwide effort to return to some kind of normalcy. As part of his six-phase plan, we are currently in phase 1, with a close eye toward phase 2.
COMMUNITY ASSOCIATION ALERT: IMPORTANT UPDATES TO THE RADBURN ACT
Last week, the New Jersey Department of Community Affairs (“DCA”) adopted regulations and alterations to its rules regarding implementation of the Planned Real Estate Development Full Disclosure Act (“PREDFDA”) and the Radburn Amendments (N.J.A.C. § 5:26-1.1, et seq.). As a result of these updates, immediate changes regarding how community associations operate have come into effect.
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.
Urge Governor Murphy to Sign Renter Assistance Bill
The Assembly and the Senate have unanimously passed a bill that creates the “2020 New Jersey Emergency Rental Assistance Program.” The bill is entitled S-2332/A-3956. Our office previously posted a blog about the date that this was passed unanimously in the Assembly and Senate, as it was a large calendar for the Legislature filled with COVID-19 related bills. You can read our prior blog below.
NY Executive Order Extending Moratorium
As a result of the ongoing COVID-19 health pandemic, Governor Andrew M. Cuomo issued Executive Order Number 202.28 on May 7, 2020. As per the terms of the Executive Order, the state’s eviction and foreclosure moratorium was extended sixty (60) days beginning on June 20, 2020 and will expire on August 20, 2020. During this time period, no eviction or foreclosure action may be initiated or resumed for nonpayment of rental or mortgage payments, by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to COVID-19. In addition, the moratorium on evictions against those who have financial hardship because of COVID-19 will be delayed through August 20. This leaves the question open as to whether the Courts will process warrants for eviction to execute against tenants against whom a landlord had a judgment prior to the pandemic after the original June 20 moratorium deadline. Furthermore, from March 20, 2020 through August 20, 2020, no landlord can demand or be entitled to a late fee payment for a tenant’s late payment of his/her rent. Despite mounting pressure to do so, Governor Cuomo did not go as far as to cancel rent outright.
IMPORTANT UPDATE: COMMUNITY ASSOCIATIONS’ ABILITY TO COLLECT IS UNDER THREAT
On April 12, 2020, and April 14, 2020, our office warned of a new bill working its way through the New Jersey Legislature: S2330 / A3908, entitled “COVID‑19 Financial Security for Consumers Act.” When the bill was last before the Legislature, it was tabled for further consideration and editing.
NEW JERSEY EXECUTIVE ORDER: LANDLORDS, TENANTS, & SECURITY DEPOSITS
We hope everyone is doing well and staying safe in these troubling and difficult times. On April 24, 2020, Governor Murphy signed a new executive order that will provide much-needed relief to both landlords and tenants. Many landlords have been seeking solutions to assist their tenants with lagging income streams as a result of the COVID‑19 pandemic. Some landlords have further contemplated the legal consequences of utilizing a tenant’s security deposit in lieu of rent. Executive Order No. 128 creates a fix for this ongoing problem.