ARTICLES

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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Changes to the PPP Loan Certification Requirements

On April 21, 2020, Congress passed the Paycheck Protection Program and Health Care Enhancement Act which, among other things, added more funding to the Paycheck Protection Program (“PPP loans”). Then, on April 23, 2020, the Small Business Administration (“SBA”) released answers to frequently asked questions regarding the PPP loans, and in particular, released Question 31 regarding the necessity requirement of the PPP loan for businesses. Question 31 and its Answer issued by the SBA are as follows: Question: Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?…

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Small Business Reorganization Act: Restructure debt

In August, 2019, Congress enacted the Small Business Reorganization Act (“SBRA”). Congress delayed the start date of SBRA for six months, but on February 19, 2020, SBRA became effective. The purpose of SBRA is to make it easier for smaller businesses to use Chapter 11 of the Bankruptcy Code to reorganize their debts, and continue operating. This new statute was necessary because the existing bankruptcy laws did not adequately accommodate the interests of smaller corporations and limited liability companies that needed to reorganize their debt and continue operating. Under Chapter 13 of the Bankruptcy Code, an individual can restructure and…

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Virtual Legal Services

The COVID-19 pandemic has left many of us to question, how and when do we get back to normal? The answer in many situations is not when we get back to normal but rather how to create a new normal using virtual legal services. The legal community has had to close down its physical operations at offices in light of the Governor’s executive orders, but the attorneys of Melvin & Melvin, PLLC are working hard each day to provide the highest level of legal services. The attorneys of Melvin & Melvin, PLLC are accessible via the typical lines of communication…

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Executing Estate Docs During Quarantine

April 7, 2020 Executive Order impact on Executing Estate Documents A new order from Governor Andrew Cuomo now allows for the execution of Wills, Powers of Attorney, Health Care Proxies and other Estate Planning documents using audio-video technology. This allows the easy creation and execution of these documents while everyone remains in quarantine or self-isolation in order to prevent the spread of COVID-19. The relevant text of the Executive Order is as follows: “For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property…

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Non-Essential Construction Projects Ordered Closed

On March 18, 2020, Governor Andrew Cuomo issued Executive Order 202.6 reducing the in-person workforce of any non-essential businesses in the State of New York.  That Order deemed construction to be an essential function.  However, in an effort to further flatten the curve, on March 30, 2020, Governor Cuomo issued Executive Order 202.13, modifying the projections relating to construction that were contained in Executive Order 202.6.  Executive Order 202.13 states:    Executive Order 202.6 is hereby modified to clarify that construction which was an essential service not subject to the in-person work restrictions is modified to provide only certain construction is considered…

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Power of Attorney: in Quarantine

Power of Attorney: A way to have help managing your money while quarantining  As millions of Americans are being told to stay at home and while thousands of others are being quarantined due to the spread of the Coronavirus, having a fully executed Power of Attorney is one way in which you can have someone else manage your money while you are forced to isolate yourself.    A power of attorney is a useful document because of the possibility that you could be put out of commission for weeks if you fall ill and are unable to take care of your financial affairs. The power…

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