ARTICLES

Attorney Spotlight: Erin M. Tyreman

Melvin & Melvin, PLLC is celebrating its 100-year anniversary! In celebration, we want to share the talented and hardworking individuals that make Melvin & Melvin one of Syracuse’s most trusted law firms. Erin M. Tyreman is one of Melvin’s civil litigation associates specializing in employment/labor law and real property disputes. Erin says that the most challenging part of her job, but also the most exciting, is that the law and legal practice are continually evolving and changing. To be a competent and successful attorney, it is critical to keep up with and stay ahead of changes, particularly in a practice…

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FEMA Funeral Assistance for COVID-Related Deaths

The Federal Disaster Management Agency (FEMA) has announced that it will provide up to $7,000 in funeral assistance for those whose loved ones have died due to COVID.  Currently, this program is available for those who died from COVID if their funerals took place between January 20, 2020 and December 31, 2020.  It is anticipated that this program will eventually be expanded to include 2021. Eligible expenses are any uninsured expenses related to: Cost of a casket Mortuary services Transportation of the deceased and/or up to two family members into the area to identity the decedent (if required by state/local…

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COVID-19 PAID SICK LEAVE FOR EMPLOYEES

 In March 2020, Congress signed into the law the Families First Coronavirus Response Act which had provided paid sick leave under the Emergency Family and Medical Leave Expansion Act as well as the Emergency Paid Sick Leave Act. In exchange for having to provide the paid sick leave, employers were eligible for a payroll tax credit. However, Congress did not renew or extend the paid leave laws and they expired as of December 31, 2020. Employers are still eligible for the payroll tax credit through March 31, 2021.   Employees must therefore rely upon state law. Below is a brief…

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ADDITIONAL PROTECTION FOR TENANTS UNDER NEW LAW

On December 28, 2020, Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“EEFPA”). How does this law affect the rights of tenants and landlords in the midst of a global pandemic? Hardship Declaration Notice The EEFPA has introduced and defined a “Hardship Declaration” which is a statement of notice that must be served upon the tenant in 14-point font. The Hardship Declaration notice can be found on the New York Courts website. Essentially, the notice advises the tenant that if they have lost income or had increased costs during the COVID-19 pandemic, or…

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Filing for Divorce and Bankruptcy – Which to file first

Divorce and Bankruptcy: Financial stress and marital difficulties very often tend to be related.  Divorce can be financially devastating and ultimately can lead to the need to file for bankruptcy.  Bankruptcy can also be one of the causes of a divorce.  Regardless of which option comes first, it is important for individuals to be aware of the different options when it comes to filing for both divorce and bankruptcy, and to understand the implications of the order in which the matters are handled.   Divorce and bankruptcy both concern the distribution of property.  Both divorce and bankruptcy also attempt to…

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Dealing with Lack of Childcare

Options to Employees Dealing with Lack of Childcare While New York State businesses have been re-opening in accordance with Governor Cuomo’s New York Forward Plan, employers and workers alike face many unanswered questions. Though New York State has done a remarkable job flattening the curve and significantly reducing the new number of COVID-19 cases, the pandemic continues to have a pervasive effect upon employers large and small, and particularly employees who are being asked to return to work. For close to a four-month period, many employers closed their doors, forcing them to conduct business operations from home where possible. Those…

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THE COVID RENT RELIEF ACT: RENTAL SUBSIDIES

  FOR THOSE FINANCIALLY IMPACTED BY COVID   On June 17, 2020, Governor Cuomo signed the Emergency Rent Relief Act of 2020.  The Act creates the COVID Rent Relief Program to help those impacted by COVID-19 with their rental payments.  New York has set aside $100,000,000 for this program.  The program will provide a one-time rental subsidy directly to a tenant’s landlord or housing provider.  Tenants will not be required to repay any assistance received.  The program, which is being administered by the New York State Division of Homes and Community Renewal (“HCR”), opens on July 16, and will take…

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Landlord and Tenant Law: What landlords should know

The Housing Stability & Tenant Protection Act (HSTPA) of 2019 made several important changes regarding Landlord and Tenant Law, with many of the changes directly impacting landlords and what is required before an eviction proceeding can even begin. This article will explain some of what a landlord will need as they begin to start the eviction process. The first thing to consider is the type of lease you have with your tenant and whether it is a written lease or a month to month tenancy. This is important because as a landlord the HSTPA now has specific requirements on how…

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Evictions During Covid-19: Landlord and Tenant Law

As a landlord, you need to know your rights on evictions during covid-19. On June 14, 2019, the New York State Legislature passed the Housing Stability and Tenant Protection Act of 2019, which was thereafter signed by Governor Cuomo. The legislation and its assorted provisions will only become more important in the coming weeks and months due to the COVID-19 pandemic, various Executive Orders signed by Governor Cuomo and the related moratoriums. The Housing Stability and Tenant Protection Act of 2019 had a number of significant changes to New York Landlord/Tenant Law which will be amplified by the current economic…

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NY Forward Loan Fund

Economic Relief Loans for New York Small Businesses, Nonprofits and Landlords:  The New York Forward Loan Fund   New York has established the New York Forward Loan Fund (NYFLF) to assist small businesses, nonprofits, and small landlords as they reopen after the COVID-19 outbreak and New York on PAUSE.  This is a $100 million loan program that specifically targets small businesses with 20 or less full-time equivalent (FTE) employees, which accounts for 90% of all businesses, nonprofits, and small landlords that have seen a loss of rental income. The NYFLF was created to provide working capital loans to support these…

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