Showing 43 posts by Christina L. Moore.
Landlords Accepting Partial Rent or Allowing a Tenant to Skip Rent Must Send Written Notice of Enforcement of Terms
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.
Bureau of Consumer Financial Protections Interim Rule Supporting the CDC Eviction Moratorium for Nonpayment of Rent
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.
While there have been several legal challenges to the Centers for Disease Control and Prevention (CDC) nationwide moratorium on residential evictions for non-payment of rent, on March 29, 2021 the CDC extended the moratorium through June 30, 2021. As many are aware, the moratorium prohibits eviction of covered persons (see prior law alert here for more details) for non-payment of rent while the moratorium is in place. Full payment of all past due and current rent due is payable upon the expiration of the moratorium.
After being the focus of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (EAA) of the Consolidated Appropriation Act of 2021 (CAA), the Paycheck Protection Program (PPP) is only a small part of the American Rescue Plan (ARP) that the president signed on March 11. The ARP adds $7.25 billion in additional funding to PPP but does not extend the PPP's current application period or deadline of March 31, 2021.
On December 27, 2020, funding for the Shuttered Venue Operators Grant (SVOG) program (Program) was signed into law with the Consolidated Appropriations Act of 2021 (CAA). The U.S. Small Business Administration (SBA) continues to update answers to frequently asked questions regarding the Program. On February 28, 2021 and March 5, 2021, the SBA updated the frequently asked questions, which can be found here. Below are highlights of certain parts of the updated FAQs to assist potential applicants in considering the Program and preparing to file, if eligible.
On March 3, 2021, the U.S. Treasury Department in conjunction with the Small Business Administration (SBA) posted an updated set of “frequently asked questions” (FAQs) concerning the Paycheck Protection Program (PPP). These FAQs are tied to the changes and continuation of the PPP loan program enacted under the Consolidated Appropriations Act, 2021 (CAA). The updated FAQs reflect changes or clarifications made to existing FAQs mainly to assist Second Draw PPP borrowers. Below is a summary of certain FAQs. A full copy of the FAQs can be found here.
On December 27, 2020 funding for the Shuttered Venue Operators Grant (SVOG) program (Program) was signed into law with the Consolidated Appropriations Act of 2021 (CAA). You can find a summary of the Program here. The U.S. Small Business Administration (SBA) has since provided answers to frequently asked questions regarding the Program. Below are brief summaries of the FAQs to assist potential applicants in considering the Program and preparing to file, if eligible.
Please note, currently the SBA has yet to open the Program to take applications/submittals. The FAQs have been issued in anticipation of opening of the SBA portal to accept applications.
Late last year, Congress authorized funding including $15 billion in grants through the Shuttered Venue Operators (SVO) Grant Program to provide assistance to businesses or specified representatives involved in performance, entertainment and museum arts. The funding was approved as part of the Consolidated Appropriations Act of 2021 and will be administered through the Small Business Administration (SBA), which as of January 20, 2021 is not yet accepting applications for the grant Program. Applicants will be required to submit a good-faith certification that the uncertainty of current economic conditions makes the grant necessary to support their ongoing operations.
Economic Aid Act Second Draw Specific Regulations and Opening of Portal to Accept Applications for Second Draw Loans
Eligible borrowers who would like to obtain or increase their Paycheck Protection Program (PPP) funding will be able to act as early as this week, due to recent action by Congress and the U.S. Small Business Administration (SBA). On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (EAA) (included within the Consolidated Appropriations Act of 2021) became law. On January 8, 2021, the SBA announced that the portal to accept PPP loan applications, pursuant to the EAA, will re-open Monday, January 11, 2021. To promote access to capital, the SBA will initially only accept First Draw PPP Loan applications, including requests for increases on First Draw PPP Loan amounts, from community financial institutions. Second Draw PPP Loan applications will be accepted beginning January 13, 2021.
As noted in the alert, “Georgia Governor Institutes Post-Exposure Quarantine Requirements for Certain Businesses,” Governor Kemp issued a new Executive Order (covering January 1 - 15, 2021) that imposes a new Post-Exposure Quarantine Protocol (PEQP) under certain circumstances, including in relation to children’s camps. Children’s “Camp” is defined by the Order to apply to any entity offering organized sessions of supervised recreational, athletic or instructional activities held between typical school terms or during school breaks, including those commonly referred to as a “day camp” and any license-exempt day camps operating during school terms.
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