Brad A. Molotsky – Page 4 – Project Development/Infrastructure/P3

August 28, 2020 by Brad A. Molotsky

COVID-19: FHA Extends Eviction and Foreclosure Moratorium for Homeowners through 12-31-2020

Per HUD, earlier today, on August 28, 2020, the Federal Housing Administration (FHA) announced the 3rd extension of its foreclosure and eviction moratorium through December 31, 2020, for homeowners with FHA-insured single family mortgages covered under the Coronavirus Relief and Economic Security (CARES) Act.

This extension provides an additional 4 months of housing security to homeowners. With this 3rd extension, the FHA has now provided more than 9 months of foreclosure and eviction relief to FHA-insured homeowners

The FHA’s Single Family foreclosure and eviction moratorium has been in place since March 18, 2020, and continues to apply to homeowners with FHA-insured Title II Single Family forward and Home Equity Conversion (reverse) mortgages.

The moratorium requires that mortgage servicers:

1. Halt all new foreclosure actions and suspend all foreclosure actions currently in process for FHA-insured single family properties, excluding legally vacant or abandoned properties; and

2. Cease all evictions of persons from FHA-insured single family properties, excluding actions to evict occupants of legally vacant or abandoned properties.

The HUD press release suggested that homeowners with FHA-insured mortgages should continue to make their mortgage payments during the foreclosure and eviction moratorium if they are able to do so, or seek mortgage payment forbearance pursuant to the CARES Act from their mortgage servicer, if needed.

Pursuant to the CARES Act, the FHA requires mortgage servicers to:

1. Offer borrowers with FHA-insured mortgages delayed mortgage payment forbearance when the borrower requests it, with the option to extend the forbearance for up to a year.

2. The FHA does not require a lump sum payment at the end of the forbearance period.

3. Assess borrowers who receive COVID-19 forbearance for its special COVID-19 National Emergency Stand alone Partial Claim before the end of the forbearance period. The COVID-19 National Emergency Standalone Partial Claim puts all deferred mortgage payment amounts owed into a junior lien which is only repaid when the borrower sells the home, refinances the mortgage, or the mortgage is otherwise extinguished.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

August 26, 2020August 26, 2020 by Brad A. Molotsky

COVID-19: NJ announces reopening of Gyms and Indoor Amusement Facilities – 9-1-20

As of today, August 26, 2020, Governor Murphy announced the reopening of gyms and indoor amusement facilities effective as of September 1, 2020. Reopening will include a 25% of capacity limitation and typical safety protocols including masks, social distancing, one way traffic, etc.

Per a press release from Planet Fitness as reported in NJ Patch, “Fitness centers are critical to the mental, physical and financial health for New Jerseyans, and we are grateful that Governor Murphy has announced that we can reopen with safety protocols in place,” said Craig Benson, who operates 18 Planet Fitness locations in the state. “Throughout the reopening process, we will continue to collaborate with local, county and state health officials to ensure that our members can work out again in a safe, clean, and welcoming environment, and our staff can get back to work.”

With respect to gyms:

group fitness classes are to be limited to 1 person per 200 SF of space;
logs are to be maintained for members and staff;
6′ of distance between pieces of equipment;
required sanitization of equipment; and
showers are NOT permitted to be open

Many gyms and eating establishments will look to include some or all of the following in their safety protocols:

◦Limited capacity to comply with social distancing;

◦Advanced air filtration systems with high-grade filters;

◦Masks required at all times;

◦Well-stocked cleaning stations with hand sanitizer;

◦Posters explaining best-health practices displayed throughout the facility or gym;

◦High-tech electrostatic disinfecting sprayers for the tables and gyms as well as equipment;

◦One-way flow for foot traffic;

◦Temperature checks for staff members at the start of each shift in addition to health questionnaire;

◦Touchless check-in;

◦Cleaning of tables and/or machines before and after each use; and

◦ Having an ample supply of PPE equipment for staff and members including masks and gloves.

Indoor dining and movie theatres are expected to be reopened on or before September 14th.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Paul Josephson, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

August 25, 2020 by Brad A. Molotsky

Cannabis: Governor Wolf calls on PA Legislature to pass a Recreational Cannabis Bill; $1B of CARES relief

Earlier today, August 25, 2020, Gov. Tom Wolf called on the Pennsylvania Legislature to legalize recreational marijuana and use the tax revenue to help small businesses that have been impacted by the Covid-19 pandemic.

According to the Philadelphia Business Journal, Gov. Wolf’s proposal on recreational marijuana was part of a package unveiled to spend the $1 billion remaining out of $3.6 billion CARES Act funding. The Governor called for a range of spending that would include $225 million in forgivable loans and grants to small businesses and another $100 million for restaurants and bars, hospitality and leisure businesses that have taken a big hit since March with business closures and occupancy restrictions.

Tax revenue from the sale of recreational marijuana would add to the state’s small business funding and half would go to historically disadvantaged businesses.

While the recreational marijuana legalization was NOT tied to CARES Act funding, Gov. Wolf in the news conference said legalization would add even more money to the programs that Pennsylvania residents and businesses would need to get back on their feet after the Covid-19 hit to the economy.

His proposals for the remaining CARES Act funding would also include paid family and sick leave for all Pennsylvanians while announcing six weeks for all state employees; $225 million more in hazard pay for frontline workers; $10 million to help employers pay for the cost of personal protective equipment and cleaning supplies; and $250 million more in child care investments.

Governor Wolf also wants the alcohol tax to be canceled or reduced for 6 months and also allow bars, restaurants and other hospitality industries to buy alcohol at cost for six months.

Duane Morris has created a COVID-19 Strategy Team to help organizations plan, respond to and address this fast-moving situation. We also have a Cannabis Practice Group that in active in the cannabis regulatory, licensing, IP, real estate and fund raising aspects of the cannabis industry. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Tracy A. Gallegos, Paul Josephson, Seth Goldberg, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe

August 21, 2020 by Brad A. Molotsky

COVID-19: Philadelphia to lift indoor dining (and theatre and movie) ban on September 8th

As of September 8, 2020, Philadelphia will allow indoor dining at restaurants.

Key elements of the dining restrictions include:

1. Restaurants cannot be filled to more than 25% capacity.

2. No more than 4 diners per table.

3. Tables must be arranged so that diners at separate tables are at least 6 feet apart or have an impermeable barrier between them.

The indoor dining ban will lift a day after Labor Day in an attempt to avoid holiday crowds. Indoor dining has been banned since mid-March.

Per the Philadelphia Business Journal, restaurant owners are also being urged to increase ventilation in their establishments to further decrease the risk of Covid-19 transmission.

Outdoor dining is permitted to continue under current restrictions, including having no more than 50 people outside.

Other restrictions will include:

1. Servers must wear both masks and face shields for additional protection.

2. Continuation of no bar service.

3. Alcohol can be served only for on-premises consumption when in the same transaction as a meal.

4. Last call for all indoor dining orders will be at 11 p.m. and establishments will be required to be closed for service by midnight.

5. Restaurants must install physical barriers such as sneeze guards or partitions in restaurant kitchens and at cash registers, host stands, and food pick-up areas where maintaining physical distance of at least six feet is difficult.

6. Restaurants are required to screen every employee for symptoms before every shift and prevent them from remaining on-site if they have a cough, shortness of breath, fever, chills, muscle pain, or new loss of taste or smell.

Indoor theaters and movie theaters will also be allowed to reopen on Sept. 8 with venues not to exceed 50% capacity, with a maximum of 25 people allowed.

If you have any questions about this post, please contact Brad A. Molotsky, Eve Klein, Jonathan Segal, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

August 20, 2020 by Brad A. Molotsky

Virginia enacts Clean Economy Act – Renewable Energy Standards and Carbon Free Future Achievable

On August 17, 2020, Governor Ralph Northam signed the Virginia Clean Economy Act (the “VCE Act”), which establishes mandatory energy efficiency standards and provides a pathway for new investments in solar, onshore wind, offshore wind, and energy storage.

Additional legislation advances the shared solar and energy storage program and transforms Virginia’s rooftop solar market.

“We are at a pivotal moment to secure an affordable, clean energy future in Virginia,” said Governor Northam. “Together, these pieces of legislation put the Commonwealth in position to meet the urgency of the climate crisis, and lead the transition to renewable energy in a way that captures the economic, environmental, and health benefits for all Virginians.”

The VCE Act establishes a mandatory renewable portfolio standard (“RPS”) to attempt to achieve a 30% renewable energy composition by 2030, a mandatory energy efficiency standard, and the path to a carbon-free electric grid by 2045.

The VCE Act also declares that 16,100 megawatts of solar and onshore wind, 5,200 megawatts of offshore wind, and 2,700 megawatts of energy storage are in the public interest.

The Governor also signed additional legislation that:

directs the State Corporation Commission to determine when electric utilities should retire coal-fired or natural gas-fired electric generation facilities and how utility customers should pay for this transition;
supports new investments in solar energy, including the Solar Freedom bill, which will help grow the rooftop solar market in Virginia;
establishes a shared solar program which will allow communities to receive credit for the solar energy they generate through a subscriber system. With a minimum requirement of 30% low-income customers, this program is intended to enable Virginians to participate in the benefits of generating solar energy on their homes; and
will build an energy storage market in Virginia

Duane Morris has an industry facing Energy Practice Group to help individuals and organizations plan, respond to, and address the ever changing landscape of renewables, fossil fuels, pipelines, power plants, and the transmission and generation of energy. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky, Patrick Morand, Sheila Hollis, Brad Thompson or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

August 19, 2020August 19, 2020 by Brad A. Molotsky

COVID-19: NJ announces Small and Micro Business PPE Access Program

On August 11, Governor Murphy announced the first phase of the NJ Small and Micro Business PPE Access Program (the “PPE Program”). The goal of the PPE Program is to provide small businesses and non-profits with access to the fairly priced personal protective equipment (PPE) necessary to facilitate safe working conditions during the COVID-19 pandemic.

Under the PPE Program’s first phase, the State will launch a new website that provides micro and small businesses with the information needed to make easier and better PPE sourcing decision. The website will also offer a vetted list of online retailers that have agreed to verify the quality of the PPE they are selling and offer at least a 10% discount to businesses who enter through the State’s website.

Online retailers will be vetted on a first-come, first serve basis by the NJEDA, and must agree to certain performance standards for their site (e.g., transparent pricing, high-quality products, etc.). Vetted online retailers will also be eligible to access an NJDEA grant pool of up to $3.5M to support the purchase of PPE that is manufactured in New Jersey or sourced from a small wholesaler based in a historically underserved community.

Applications to become one of the NJ PPE Access Program Designated Vendors are expected to open in the near future.

Guidelines for practically all sectors require businesses to provide PPE to their employees. This new NJEDA program is geared toward smaller-sized businesses that have few funds to spare for the new costs.

This first phase of $4 million in funding is meant to encourage wholesalers’ purchase of PPE made or assembled in New Jersey. They would be eligible for subsidies of up to 20 percent of what they spent to get the equipment if it’s sourced in New Jersey, or from wholesalers in “historically underserved communities.”

A second funding, of approximately $11 million, is meant to cover the costs for smaller-sized and microbusinesses to purchase the equipment. The NJEDA expects 50,000 separate New Jersey businesses to spend a combined $45 million on PPE, with support from the new state subsidy.

Interested parties can also reach out to NJEDA staff at: www.SmallBusinessPPE@njeda.com.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

August 7, 2020 by Brad A. Molotsky

COVID-19: NJ makes $25M CARES funds available for certain Small Landlords – applications open on August 19th

Today, August 7th, Governor Murphy announced the Small Landlord Emergency Grant (SLEG) Program, which will reimburse small residential rental property owners for lost rent revenue due to COVID-19 between April and July 2020. The program is structured to pass the benefit on to their tenants by requiring foregiveness of certain outstanding back rent and late fees. The rent foregiveness is in exchange for landlords receiving these funds from NJ.

The goal of the program is to create some level of stability between landlords and impacted tenants in order to enable housing to continue to be proided to the applicable tenants.

The Program will reimburse small landlords for rent payments that were missed or reduced in April, May, June, and/or July 2020. Only properties with low-to-moderate rent levels are eligible (see Eligibility Criteria below for more information).　

Please note: grantees must pass the benefit on to their tenants by forgiving outstanding back rent and late fees for COVID-impacted units for the April-July 2020 period.

Eligibility:

To be eligible for the SLEG Program, the applicant and the applicant’s rental property have to meet the eligibility criteria.　

The applicant must:

– Be the Primary Property Owner of a residential rental property (i.e., not condominium or cooperative) property in New Jersey and registered as such with New Jersey Department of Community Affairs’ (NJDCA) on the Bureau of Housing Inspection Registration Inspection Management System (RIMS) database. You must be registered as of July 17, 2020.
– NOT be a government entity or public housing authority.　　
– Be current on all state and local tax obligations.

The applicant’s property must:

– Contain at least 3 and no more than 10 total housing units.　
– NOT be a seasonal or vacation rental property.　　
– Have a fire inspection certificate, current as of March 9, 2020, from the Local Enforcement Agency responsible for fire safety.　
– Contain at least one non-vacant COVID-impacted unit with a net rent deficit between April and July 2020. This means that the total rent due from the tenant in this four-month period exceeds the rent the landlord received during this period.
– Rents charged to COVID-impacted unit(s) are no greater than the maximum rent thresholds listed in the table below. If a unit has an above-threshold rent for its bedroom size, that unit is ineligible for assistance

Maximum Rent Thresholds by Bedroom Size
County of Rental Property	Studio	1-Bedroom	2-Bedroom	3-Bedroom	4-Bedroom	5-Bedroom
Atlantic County	1,182	1,266	1,518	1,754	1,956	2,159
Bergen County	1,504	1,611	1,932	2,232	2,490	2,748
Burlington County	1,354	1,450	1,740	2,010	2,242	2,474
Camden County	1,354	1,450	1,740	2,010	2,242	2,474
Cape May County	1,202	1,288	1,546	1,785	1,992	2,197
Cumberland County	1,028	1,102	1,322	1,527	1,704	1,880
Essex County	1,496	1,603	1,924	2,222	2,478	2,735
Gloucester County	1,354	1,450	1,740	2,010	2,242	2,474
Hudson County	1,382	1,480	1,776	2,051	2,288	2,525
Hunterdon County	1,674	1,793	2,152	2,486	2,774	3,060
Mercer County	1,564	1,676	2,012	2,324	2,592	2,861
Middlesex County	1,674	1,793	2,152	2,486	2,774	3,060
Monmouth County	1,532	1,642	1,970	2,276	2,540	2,802
Morris County	1,496	1,603	1,924	2,222	2,478	2,735
Ocean County	1,532	1,642	1,970	2,276	2,540	2,802
Passaic County	1,504	1,611	1,932	2,232	2,490	2,748
Salem County	1,354	1,450	1,740	2,010	2,242	2,474
Somerset County	1,674	1,793	2,152	2,486	2,774	3,060
Sussex County	1,496	1,603	1,924	2,222	2,478	2,735
Union County	1,496	1,603	1,924	2,222	2,478	2,735
Warren County	1,448	1,552	1,862	2,151	2,400	2,648

Grant Award Amounts:

NJHMFA has been allocated a total of $25 million in federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to administer the SLEG Program. There are no preset minimum or maximum award amounts for this program. The grant award amount will be calculated on the basis of the number of eligible, COVID-impacted units in the property and the net rent deficit for each eligible unit for the four-month period between April and July 2020.　

To ensure that the SLEG Program serves “mom-and-pop” property owners vulnerable to financial stress during COVID-19, at least one-third of program funds will be reserved for those applicants who are registered in the NJDCA RIMS database as individual or family owners.

Application Process:

Applicants will be required to create an account on the SLEG application platform using a valid email address.

After creating an account, the applicant may create and submit an application for their rental property. If the applicant has multiple eligible properties, they can submit a separate application for each property under their single applicant account. Each application requires several pieces of information, listed on the Application Checklist.

Review Process:

An annotated version of the application will be available for preview beginning on August 10. The application portal will launch at 9 AM on Wednesday, August 19 and stay open until 1 PM on Wednesday, August 26. At this point, all applications received will be sorted randomly by computer and reviewed in that random order. Applications will be reviewed for eligibility and completeness. NJHMFA will use the documentation provided to verify information entered into the web form and will alert the applicant of any issues with documentation to give them an opportunity to cure. Applicants will have 5 business days to cure outstanding documentation.

Applicants will be notified through the application portal whether their application has been selected for award, placed on a waitlist, or denied. All applicants that are selected for award will have 5 business days to upload their banking details, a W-9, and any additional information required to the application portal for subsequent electronic payment.

After payment is disbursed, tenants residing in units that have been assisted by the program will receive a letter from NJHMFA alerting them that their landlord has received a SLEG grant.

For more information on the program please click on this link which will take you to NJHMFA’s site outlining the program – https://njhousing.gov/rentals/sleg/

Please note that the application period begins August 19 and ends August 26.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

August 7, 2020 by Brad A. Molotsky

COVID-19: PA making $10.5M available for Career and Technical Education Centers

Governor Tom Wolf is dedicating approximately $10.5 million to Career and Technical Education Centers (CTC) to assist them in implementing public health and safety plans and help them to resume operations.

CTC Equity grants provide funding to support effective continuity of education programs such as summer and other expanded programming, and industry credential assessments for students enrolled in CTCs negatively impacted by

For more information about the program – check out – https://www.governor.pa.gov/newsroom/gov-wolf-10-5-million-to-help-career-and-technical-education-centers-resume-operations

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

July 31, 2020 by Brad A. Molotsky

IRS extends “substantial rehab” test for Historic Tax Credits to March 31, 2021

The IRS published Notice 2020-58 on 7-30-20 to provide additional COVID-19 relief to taxpayers in satisfying the “substantial rehabilitation” test for the historic tax credit (HTC).

Taxpayers with a 24- or 60-month measuring period under the substantial rehabilitation test ending on or after April 1, 2020, and before March 31, 2021, now have until March 31, 2021, to satisfy the test for claiming the HTC or qualifying under the transition rule provided in tax reform legislation at the end of 2017.

Duane Morris has an active deal structuring team who focuses on Historic Tax Credits, New Markets Tax Credits, Opportunity Zone fund creation and equity deployment and Renewables credits. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

If you have any questions about this post, please contact Brad A. Molotsky or Art Momjian or the attorney at the firm with whom you are regularly in contact.

Be well and stay safe!

July 31, 2020 by Brad A. Molotsky

COVID-19: Philadelphia Extends Residential Eviction Moratorium through March 15, 2021

As of 7-31-20, Philadelphia City officials have extended the City’s residential eviction moratorium in Philadelphia until March 15, 2021.

According to reporting from CBS 3, the Philadelphia Housing Authority (PHA) said it wants the city’s 80,000 low-income residents who have been “disproportionately impacted” by the pandemic to be assured their housing will not be a concern for the rest of the uncertainty.

“The federal eviction moratorium expires this week. Pennsylvania Gov. Tom Wolf has extended it to the end of August, while the Congress and the Trump Administration debate another extension. I wanted to take bold action in this regard, to maintain housing stability for our residents,” PHA President Kelvin Jeremiah said.

According to Jeremiah, the moratorium applies only to “matters involving the nonpayment of rent and related fees,” but doesn’t apply to evictions related to health and safety.

The moratorium does not forgive nonpayment of rent and fees during the period, the PHA said, and tenants remain responsible for rent under the terms of their lease agreement.

Philadelphians who cannot pay their rent or have a financial hardship are urged to apply for a PHA Hardship Waiver or look into payment plans.

If you have any questions about this post, please contact Brad A. Molotsky, Elizabeth Mincer, David Augustin or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!