Elizabeth Mincer – Page 2 – Project Development/Infrastructure/P3

October 18, 2020 by Brad A. Molotsky

COVID-19: NJ announces updated COVID era Sports rules and regulations

As of last week, NJ organized sports activities can resume.

As of October 12, no-contact practices, contact practices, and competitions for sports defined as “Low Risk”, “Medium Risk”, and “High Risk” are permitted in both outdoor and indoor settings. Low-risk, non-contact sports include golf and tennis. Medium- and high-risk sports include baseball, softball, soccer, basketball, football hockey, judo, boxing, karate, wrestling, rugby, and group dance.

All indoor practices and competitions are limited to 25% of the room capacity or 25 people, whichever is fewer. However, if the number of individuals who are necessary for practice or competition, such as players, coaches, and referees, exceeds 25, the practice or competition may proceed if no unnecessary individuals such as spectators are present.

Even if this exception applies, the number of individuals at the practice or competition cannot exceed 25% of the capacity of the room, and such limit cannot exceed 150 persons.

Outdoor competitions or tournaments must abide by the limit on outdoor gatherings, which is currently limited to 500 people.

Facilities and participants must also abide by a number of health and safety protocols outlined in the Department of Health’s “Guidance for Sports Activities,” such as screenings for athletes, coaches, and staff; limitations on equipment sharing; and requirements for disinfecting and sanitizing surfaces and equipment.

Staff, parents, guardians, and visitors are required to wear face coverings at practices and games. Athletes are encouraged to wear masks during downtime, but not during physical activity.

The Department of Health’s guidance also includes further details on which sports are defined in which category, how to create a sports program preparation plan, how to prepare a facility for sports practices, how to conduct sports practices, and how to prepare for games and tournaments.

Fall School Sports Season

Sports under the jurisdiction of the New Jersey State Interscholastic Athletic Association (NJSIAA) or the National Collegiate Athletic Association (NCAA) must also abide by those associations’ rules.

The final determination on the fall high school sports seasons will be made by the NJSIAA, and school districts will make the ultimate decision on whether teams will resume competition.

Under the NJSIAA’s current plan, competition may start September 28 for girls tennis and on October 1 for all other sports except football, which will kick off its season on October 2.

Regular seasons will conclude on October 23 for girl’s tennis, November 7 for football, and November 12 for all other fall sports. Limited postseason play will run from October 24 through October 31 for girls tennis, and November 13 through November 22 for all other sports.

Schools that do not participate in the postseason may continue to play until November 22, with the exception being Thanksgiving football games. These are permissible after November 22, at each school’s discretion. No other fall sports competition will be allowed after November 22.

For additional information and updates, refer to theNJSIAA’s COVID-19 alert page.

NOTE: A student-athlete’s ability to participate with their team will not be altered in any way – regardless of whether they participate in remote-learning or in-person instruction.

A new law waives the requirement to complete an annual pre-participation physical examination for any student-athlete enrolled in grade six to 12 who either completed a physical examination during the 2019-2020 school year or completed a physical examination that allowed the student to participate on a school-sponsored interscholastic or intramural athletic team or squad during the 2019-2020 school year.

A student-athlete who has not completed a physical examination within 365 days prior to the first day of official practice in the athletic season is permitted to participate on a school-sponsored athletic team provided they complete the physical examination before the end of the athletic season.

Professional Sports

Professional sports teams which train or play in New Jersey can practice and engage in games or matches, if their leagues resume competition.

The State has been in constant discussions with these teams about the protocols they will have in place to protect the health and safety of the players, coaches, and team personnel – including facilities where proper sanitation and hygiene practices can be readily maintained.

Source: Executive Order No. 148; Executive Order No. 149, Guidance for Sports Activities; Executive Order No. 161; Executive Order No. 163; https://nj.gov/governor/news/news/562020/approved/20200812b.shtml; Executive Order No. 187

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, Paul Josephson, Matthew LoBello or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe.

October 13, 2020 by Brad A. Molotsky

COVID-19: NJ announces $112M of grant funds for small businesses, restaurants and families under the CARES Act

Earlier today, October 13, 2020, Gov. Phil Murphy announced plans to distribute $112 Million of the state’s CARES Act money via grants to small businesses and struggling families.

$70 million will be distributed by the state’s Economic Development Authority Small Business Emergency Assistance Grant Program:

$35 million to the food service industry (places defined as “food services and drinking places”);

$15 million to microbusinesses (those with five employees or fewer);

$20 million to replenish the EDA’s existing Small Business Emergency Grant program;

Other grants include:

$10 million to add to the EDA’s PPE program, which helps small business owners purchase PPE;

$15 million to support renters in the Department of Community Affairs Rental Assistance Program;

$5 million to food banks and other hunger relief efforts to help families battling food insecurity;

$12 million for the Department of Human Services’ new Housing Assistance Program, which provide rental or mortgage assistance payments on behalf of eligible households that have suffered a financial hardship.

The source of funds is the $2.4 Billion the state received in money from the CARES Act.

By way of background, the Small Business Emergency Assistance Grant Program provides grants to small businesses impacted by the pandemic. To date, over 19,000 small businesses have benefited from the program. Phase 3 of the Grant Program expands eligibility to any business with 50 or fewer full-time equivalent employees and increases the amount of funding businesses can receive.

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

Be well and stay safe.

September 29, 2020 by Brad A. Molotsky

COVID-19: NJ HMFA provides Small Landlord Emergency Grant availability for COVID-19 Impact – Round 2 Funding

Earlier this morning on 9-29-20, the New Jersey Housing Mortgage and Finance Agency (NJHMFA) announced the expansion and reopening of its Small Landlord Emergency Grant (SLEG) Program to assist vulnerable renters across NJ by covering their missed rent from April through July 2020.

The program will reopen today, Monday, September 28th, at noon and will run until Tuesday, October 13th at 4:00 p.m.

NJHMFA developed the SLEG Program to reimburse small landlords for missed or reduced rent payments between April 2020 and July 2020 due to COVID-19. Landlords approved for a grant must forgive any back rent or late fees incurred by their tenants.

“Since April, New Jersey landlords have filed 30,000 eviction cases in Landlord-Tenant court. Although Governor Murphy has enacted an eviction moratorium to protect residents from being locked out of their homes for nonpayment of rent, this alarming number demonstrates that many New Jerseyans are struggling to pay rent,” said Charles A. Richman, Executive Director of New Jersey Housing and Mortgage Finance Agency. “Our goal with the SLEG Program is to mitigate hardship for as many landlords and tenants as possible in the current economic crisis. To this end, we have made some small but significant adjustments to the program to increase both eligibility and accessibility. Not only will we reach more renters in need, but we have also removed some of the barriers for landlords to apply.”

To be eligible for the 2nd round of the SLEG Program:

1. Applicants must own a residential property in New Jersey with 3 to 30 rental units;

2. Applicants must be registered with the New Jersey Department of Community Affairs’ (DCA) Bureau of Housing Inspection;

3. The property must not be a seasonal or vacation rental property;

4. The property must have at least one non-vacant rental unit impacted by COVID-19 between April and July 2020;

5. The property must have low-to-moderate income rent levels.

$15 million in CARES Act funding has been allocated to fund the first and second rounds of the SLEG Program.

All completed eligible applications will be randomly sorted by computer to give each applicant an equal chance of being funded. Grant funding will be allocated on a case-by-case basis, based on the number of COVID-impacted units and the amount of missed rent. A list of all successful landlord applicants will be posted to the NJHMFA website, and letters will be sent to all tenants of awarded landlords.

There are a range of tools available on NJHMFA’s website to assist property owners in preparing their applications. These include an application checklist, an annotated application with sample answers, and a Frequently Asked Questions list.

September 8, 2020 by Brad A. Molotsky

COVID-19: PA to allow 50% indoor dining capability effective 9-21-2020

Earlier today on September 8, 2020, Gov. Tom Wolf announced that restaurants in Pennsylvania will be allowed to increase their indoor seating capacity to 50%, effective Sept. 21.

The 25% indoor restriction has been in place since July, 2020.

According to the Philadelphia Business Journal, it is not clear whether Philadelphia County will make the increase to 50% capacity considering it just beginning to reopen indoor dining at 25% on Tuesday following a nearly a six-month closure.

To qualify to be able to open at 50% occupancy, restaurants will be required to self-certify that they comply with all public safety guidelines. The self-certification process is an on line process and will appear in a special database available online. There will also be special branded material, including window clings and other signs, that show certification.

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 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 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 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!