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.

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, David Augustin or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!

 

COVID-19: PA issues Executive Order extending Residential Evictions and Foreclosures Moratorium until August 31, 2020

Governor Tom Wolf signed a new executive order earlier today, July 15, 2020, extending the moratorium on residential evictions and foreclosures until Aug. 31.

This Order follows a previous moratorium extension, but now only applies if the renters or homeowners have not already received assistance from a new program administered by the Pennsylvania Housing Finance Agency (PHFA) or are not already receiving relief through one of several federal foreclosure moratorium programs or judicial orders.

Lenders and property owners that receive funds through the PHFA program must agree not pursue foreclosure or eviction actions as a condition of participation in the program. The governor signed legislation in May providing $150 million for rental assistance and $25 million for mortgage assistance through PHFA with CARES Act funds. PHFA began accepting applications July 6.

At the federal level, the U.S. Department of Veterans Affairs, Federal Housing Finance Agency, including Fannie Mae and Freddie Mac and the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture have each extended eviction and foreclosure protections for housing under their authority to Aug. 31.

In terms of the applying of the Order, it states:

The provisions of this Order and the suspension of the Acts under this Order apply only to matters involving the nonpayment of monies as well as to those proceedings related to removal of any tenant solely because the tenant has held over or exceeded the term of a lease. The Order does not apply to suspend notice requirements relating to evictions for breaches of any other covenants.

This Order does not treat nonpayment of monies during this period as forgiven and individuals are still responsible for any rent or monies owed under the terms of the mortgage or lease agreement.

Therefore, in almost all circumstances, renters and homeowners are still required to make monthly payments if they can. Also, importantly, the governor’s Order does not apply to proceedings regarding property damage or illegal activity.

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, David Augustin, Elizabeth Mincer or the attorney in the firm with whom you are regularly in contact.

Be well and stay safe!