Jimmy Greenberg – Project Development/Infrastructure/P3

June 9, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Continues Moves to Re-Open, increasing Permitted Gathering Numbers

On June 9th, NJ Gov. Phil Murphy lifted New Jersey’s stay-at-home order and will allow for bigger social gatherings.

– Indoor Gatherings – the limit on indoor gatherings was raised to 25% of capacity or 50 people total; people are required to wear face coverings for these indoor gatherings

– Outdoor Gatherings – the limit on outdoor gatherings was raised from 25 to 100; furthermore, the limit on outdoor gatherings will rise to 250 on June 22nd and 500 on July 3rd

The increase to 500 on July 3rd is intended to permit outdoor graduations to resume in July, as long as fewer than 500 people are gathered together outside.

Exceptions will be granted for outdoor religious services and First Amendment activities, such as protests.

All outdoor recreational and entertainment may resume except for amusement parks, water parks and arcades.

Governor Murphy also announced on the 8th that pools will be permitted to reopen per announced schedules.

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.

For Further Information:

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

Be well and stay safe!

June 1, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Issues Additional Re-Opening Guidance – Child Care, Horse Racing, Youth Sports, Summer Camps, Non-Essential Retail, Salons and Restaurants – Executive Order 149

NJ Gov. Phil Murphy signed Executive Order 149 that has eased restrictions on child-care centers, horse racing, organized youth and other non-professional sports, and summer camps for kids.

Child Care:

o Detailed guidance for licensed child-care centers was issued.
o Child-care centers can reopen their doors to the children of non-essential workers on June 15.
o Centers that planned to open needed to alert the state and file an attestation that they would follow the state guidelines for safety and social distancing.
o Inspectors from the department will be visiting centers that reopen.

• Gov. Murphy also announced the administrative order allowing horse racing in New Jersey will resume on Monday, June 1.

o The grandstands at the state tracks will remain closed.
o Betting will take place online only.

• Youth day camps (including municipal summer recreation programs) can open July 6.

o Similar safety and social distancing requirements are being formulated by state officials and will be in place in coming weeks.
o Sleep-away and residential camps remain prohibited under the new order.

• Organized youth-sport practices can resume June 22.

o The order extends to high school and college sports programs.
o Activities must be conducted outside and for now must be limited to non-contact drills.
o Murphy said no-contact rules and other restrictions will be revisited on an ongoing basis.

• The Governor said that the 10-person limit on people who can gather inside a house of worship in New Jersey will be raised in advance of services conducted on June 12.
o He did not, however, specify what the revised limit would be.
o Murphy said state officials were working with faith leaders to establish guidance to insure congregant safety.

On Monday, June 1st, the Governor followed up EO 149 saying that he will allow restaurants to reopen for outdoor dining and “non-essential” retail to allow indoor customers, starting on June 15.

Personal care operations, such as salons and barbershops, can reopen on June 22, while gyms and health clubs will be able to reopen at some point in the coming weeks on a limited basis.

For Further Information:

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

Be well and stay safe!

May 19, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ continues Reopening Program permitting additional Outdoor Activities and Businesses to Open on Friday 5-22-20 – Executive Order 147

Governor Murphy signed Executive Order No. 147 (“EO”), allowing certain outdoor activities at recreational businesses, including archery ranges, batting cages, golf driving ranges, horseback riding, shooting ranges, and tennis clubs as well as community gardens to open with required social distancing measures in place. The EO takes effect on Friday, May 22 at 6:00 a.m.

Outdoor Recreational Businesses: To limit physical interactions, the EO requires outdoor recreational businesses that reopen to limit capacity to 10 people at one time and implement reasonable restrictions that include:

• Using electronic or telephone reservation and payment systems;
• Prohibiting impermissible gatherings;
• Installing physical barriers between employees and customers;
• Limiting the use of equipment to one person;
• Implementing social distancing measures in commonly used areas, including demarcation and signage;
• Infection control and hygiene practices;
• Providing sanitization materials to employees;
• Frequent sanitization of high-touch areas; and
• Limiting occupancy of restrooms.

Community Gardens: Governor Murphy’s EO permits community gardens to reopen so long as they comply with the same restrictions implemented at parks under Executive Order No. 133.

All-Terrain Vehicle and Dirt Bike Rental Businesses: The Order allows all-terrain vehicle and dirt bike rental businesses to reopen to the public for “curb-side” pickup. Such businesses must comply with the same restrictions required for non-essential retail businesses.

Golf Courses: The EO relaxes four of the restrictions on golf courses, allowing them to expand tee-times to four players, allow the use of forecaddies, offer club and equipment rentals, and reopen restrooms with disinfecting and hygiene protocols in place.

The EO also recommends, but does not order, that people wear a face covering while in public settings at outdoor recreational businesses and community gardens when social distancing measures are difficult to maintain.

The EO further clarifies that amusements parks and arcades, and other places of public amusement located at these businesses remain closed, including places of public amusement that are located at a place otherwise authorized to be open by any executive order issued after March 21, 2020, such as a boardwalk.

For Further Information:

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

Be well and stay safe!

May 17, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Gov signs 4 New Bills into law – continuing to open more businesses throughout the state – Mixed Drinks; Water Craft; Hospital Visitations; Local Government Meetings

Governor Murphy announced that he’s signed 4 new bills into law that allow more New Jersey businesses to reopen.

Fishing – fishing charters and watercraft rentals are permitted to reopen at 6 a.m on Sunday, May 17th.

Under the bill, charter boats and watercraft rentals are permitted to resume operations as long as social distancing is observed, sanitation is maintained, online payments systems are set up and passenger and customer logs are preserved for the purposes of contact tracing.

Alcohol – authorized the sale and delivery of mixed drinks.

Bill A3966 which was signed into law permits hotels, motels, bars and restaurants to sell and deliver alcoholic beverages and mixed cocktails in original containers or in closed and sealed containers. The bill also allows craft distillery licensees to sell for consumption.

Governor Murphy also signed these bills into law:

A-3942/S-2394 (Mukherji, Vainieri Huttle, Pintor Marin/Greenstein, Stack) – Requires hospital to permit individual to accompany woman during childbirth.

A-3969/S-2392 (Danielsen, Mukherji, Verrelli/Sarlo) – Allows extension of certain local government timeframes; allows local governments to accept certain payments; allows local governments to conduct certain meetings remotely; adjusts certain property tax distribution and notice requirements.

S-2344/A-3970 (Pou, Singer, Vitale/Reynolds-Jackson, Quijano, Zwicker) – Requires Medicaid and health insurance coverage for certain refills of prescription drugs during state of emergency.

For Further Information:

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

Be well and stay safe!

May 13, 2020May 13, 2020 by Brad A. Molotsky

COVID-19: NJ announces plan for the Restart of Non-Essential Construction and the Curbside Reopening of Non-Essential Retail Stores – Monday, May 18th

On May 13, Governor Murphy announced the permissible reopening of nonessential retail stores for curbside pick up, and drive thru attractions, as well as the authorization for nonessential construction to resume. For the full text of the Executive Order please see https://nj.gov/infobank/eo/056murphy/pdf/EO-142.pdf

The actions include:

• Allowing the restart of Non-Essential Construction, subject to social distancing and mitigation protocols, effective on 6:00 a.m. on Monday, May 18th and includes all types of construction previously shut down under Executive Order 122.

• Allowing Non-Essential Retail to start curbside pick-up starting at 6:00 a.m. on Monday, May 18 for all non-essential retail establishments previously closed under Executive Order 107 and is available by both vehicle and on foot.

• Vehicle gatherings are permitted effective immediately, subject to certain social distancing requirements. This includes drive-in or drive-through events such as movie theaters, church services, and farms.

For Further Information:

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

Be well and stay safe!

May 8, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJEDA available sources of Funds and Loans for Businesses in NJ

Good morning and I hope you and yours are doing well and staying safe.

I came across a piece from the Southern NJ Chamber of Commerce that outlined the programs below and reminded me of the various non-COVID related programs that still exist and are open for assistance from the NJEDA.

Worth taking a look if you have a need:

* Micro Business Loan Program: Through this program, the NJEDA makes financing of up to $50,000 available to for-profit New Jersey businesses, which can use the financing for working capital or to purchase equipment. To ensure that the financing is accessible to the early-stage and micro businesses that need it most, to qualify, a business must have annual revenues of less than $1,500,000 in the most current fiscal year and cannot have more than 10 full-time employees at time of application.

* Small Business Fund: The Small Business Fund offers loans of up to $500,000 for qualifying creditworthy small, minority- or women-owned businesses in New Jersey with up to $3 million in revenue that have been in operation for at least one full year and may not have the ability to get bank financing. Not-for-profit corporations that have been operating for at least three full years may also be eligible for assistance under the Small Business Fund.

* Direct Loans: Direct loans are available up to $2 million for fixed assets, and $750,000 for working capital. New Jersey businesses in need of financing and committed to job creation/retention may be eligible for direct loans through the NJEDA when conventional financing is not available. NJEDA’s direct loan financing offers competitive interest rates and terms.

* Premier Lender Program: In partnership with two dozen banks throughout New Jersey, The Premier Lender Program offers up to a $2 million loan participation or $1.5 million loan guarantee for fixed assets, and up to a $750,000 loan participation or $1.5 million guarantee for term working capital. Line of credit guarantees of up to $750,000 are also available.

More details about each of these programs can be found on the NJEDA’s website at http://www.njeda.com/small_midsize_business.

NJEDA also launched a suite of programs specifically designed to address the COVID era challenges the outbreak has caused. These initiatives include grants, loans, guarantees, and support for entrepreneurs and community development financial institutions. The grant and loan programs are currently oversubscribed, but the NJEDA is actively seeking funding from federal, corporate, and philanthropic sources to expand them.

Small business owners seeking more information about any of these programs should visit New Jersey’s COVID-19 Business Information Hub at https://cv.business.nj.gov.

For Further Information:

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

Be well and stay safe!

April 29, 2020June 11, 2020 by Brad A. Molotsky

COVID-19: NJ Executive Order 128 allows for the use of Security Deposits to pay for Rental Obligations

Late last week (April 24, 2020), NJ Gov. Murphy signed Executive Order No. 128 (“EO”). The EO takes effect immediately and will remain in effect until the end of the public health emergency established by Executive Order No. 103 (2020). The EO applies in the context of residential leases (not commercial leases, given the ambit of the Security Deposit Act).

The EO allows residential tenants to use their security deposit for the payment of rent (per N.J.S.A. 46:8-19 et seq., a security deposit and any accumulated interest and earnings of such deposit remain the property of the tenant).

Upon a tenant’s written request, which may be an electronic communication, a security deposit that is governed by the provisions of N.J.S.A. 46:8-19 et seq. and the tenant’s portion of any interest or earnings that have accumulated may be applied or credited toward rent payments due during the public health emergency or up to 60 days after the public health emergency terminates. The use of a security deposit for the payment of rent will NOT be considered a violation of N.J.S.A. 46:8-19 et seq.

After a tenant has applied or credited the security deposit, interest or earnings to pay rent for the duration of the tenant’s current lease, the landlord can still charge the tenant any money the landlord expends that would have been reimbursable by the security deposit.

Per the EO, the tenant is NOT obligated to make any further security deposit relating to the current term of the contract, lease or license agreement.

If the tenant and landlord extend or renew their contract, lease or license agreement, the tenant will then be required to replenish the security deposit in full if it was previously used for the payment of rent, on the LATER of (A) the date that is 6 months following the end of the public health emergency and (B) on the date on which the current contract, lease or license agreement is extended or renewed.

Note: Pursuant to an earlier Executive Order, EO 106, residential evictions and foreclosures have been halted (i.e., “stayed”) for the time being until the public health emergency has been lifted by the Governor.

For Further Information:

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

Be well and stay safe!