Coronavirus Impact Updates

Showing 5 posts from April 2021.

Landlords Accepting Partial Rent or Allowing a Tenant to Skip Rent Must Send Written Notice of Enforcement of Terms

Coronavirus

On March 1, 2021, the Georgia Court of Appeals issued a decision impacting both residential and commercial landlords/property owners. The ruling has a potentially broad impact, and is especially noteworthy for landlords in the current pandemic environment. Specifically, in The Hatchett Firm, P.C. et al. v. Atlanta ME-006 Life Financial Group, Inc., the tenant was allowed to partially pay rent for ten (10) months and then stopped paying rent for six (6) months. After over fifteen (15) months of an adjustment of rent payments, which was accepted by the landlord, the landlord provided notice to the tenant demanding rent and compliance with the lease. The Georgia Court of Appeals held that by repeatedly accepting less rent than as required by the lease or no rent at all, the door was opened to a “de facto” new agreement having been created between the parties and that the parties had mutually agreed to suspend the terms of the written lease. Further, the Georgia Court of Appeals noted that while the lease contained an anti-waiver clause, the anti-waiver clause could not be enforced due to the repeated acceptance of less rent or no rent.

Continue reading Landlords Accepting Partial Rent or Allowing a Tenant to Skip Rent Must Send Written Notice of Enforcement of Terms ›

Bureau of Consumer Financial Protections Interim Rule Supporting the CDC Eviction Moratorium for Nonpayment of Rent

Coronavirus

On April 16, 2021, the Consumer Financial Protection Bureau (CFP) issued a new pandemic-related Interim Rule applicable to those who act as “debt collectors.” The Interim Rule goes into effect on May 3, 2021. The CFP Interim Rule amends Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA), by requiring a new form of notice from the debt collector in connection with the eviction moratorium for non-payment of rent issued by the Center for Disease Control and Prevention (CDC) in response to the COVID-19 pandemic. The CDC Order is currently in effect until June 30, 2021 and the Interim Rule is effective while the CDC Order is in effect, including any extension thereof.

Continue reading Bureau of Consumer Financial Protections Interim Rule Supporting the CDC Eviction Moratorium for Nonpayment of Rent ›

Secretary of Health and Human Services Extends COVID Health National Health Emergency

Coronavirus

We want to alert clients that the Secretary of Health and Human Services (Secretary) has extended the COVID Health National Health Emergency until July 20, 2021.

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The Department of Labor Issues Model Notices and Additional Guidance Regarding the American Rescue Plan Act of 2021 100% COBRA Premium Subsidy

Coronavirus

Purpose

We want to alert clients to the availability of Model COBRA Subsidy Notices and Frequently Asked Questions (the FAQs) issued by the Department of Labor (DOL) on April 7, 2021 in connection with the 100% COBRA premium subsidy available from April 1 until September 30 for group health plan participants who  have lost their coverage due to an involuntary termination of their employment or a reduction in hours. The COBRA premium subsidy applies to any group health plan subject to the federal COBRA laws as well as to group health plans subject to state “mini-COBRA” laws. 

The FAQs provide answers to a number of key questions.

Continue reading The Department of Labor Issues Model Notices and Additional Guidance Regarding the American Rescue Plan Act of 2021 100% COBRA Premium Subsidy ›

American Rescue Plan Act of 2021 Creates a 100% COBRA Premium Subsidy

Coronavirus

Purpose

We want to alert clients to the provision in the American Rescue Plan Act of 2021 which creates a 100% COBRA premium subsidy available from April 1 until September 30 for group health plan participants who have lost their coverage due to an involuntary termination of their employment or a reduction in hours. The COBRA subsidy applies to any group health plan subject to the federal COBRA laws as well as to group health plans subject to state “mini-COBRA” laws. Thus it can apply to large as well as small employers.

Continue reading American Rescue Plan Act of 2021 Creates a 100% COBRA Premium Subsidy ›

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