Sheats & Bailey, P.L.L.C.

Here’s the news we’ve all been waiting for . . . . When can you evict your tenant for non-payment? Governor Cuomo’s Executive Order, which froze evictions for nonpayment, has been partially superseded by The Safe Harbor Tenant Act. The Act protects tenants from being evicted for nonpayment of rent if they suffered a financial hardship due to COVID-19. The period of protection is from March 7, 2020 until the provisions that closed or restricted businesses, places of public ...accommodation or non-essential gatherings cease to apply in the county of tenant’s residence. Say that three times fast . . . . What does the new Act mean for landlords with tenants who have failed to pay rent? On August 20, 2020, a landlord may file a petition to evict and for money damages for non-payment of rent. There are a few exceptions, of course. While Landlords can file an eviction petition, the Act allows the tenant to raise an affirmative defense of financial hardship due to COVID-19. To determine if a financial hardship exists due to COVID-19, the Court may compare the tenant’s income prior to the COVID-19 shut down and during the COVID-19 shut down, as well as the tenant’s liquidated assets, and whether the tenant received any kind of public assistance including unemployment. If the Court determines that the tenant suffered a financial hardship due to COVID-19, then the tenant cannot be evicted for non-payment of rent from March 7, 2020 through the date the County of the property is fully opened. Though the tenant cannot be evicted for non-payment of rent, the landlord may obtain a monetary judgment in the amount of the unpaid rent. Evictions for reasons other than non-payment are fair game; such as holdover tenants, tenants who violated the terms of the lease (other than payment terms), tenants who have engaged in illegal acts on the property, or tenants who have destroyed or severely damaged the property. Such grounds for eviction are not subject to the moratorium. This is not legal advice. Feel free to contact me to discuss the details of your particular situation.

COVID-19 Update: Tune in to the live webinar TODAY at 11:00a.m. for our interpretation of the updated guidance for the construction industry. Syracuse Builders Exchange syracuse.com... https://www.syrabex.com/covid-updates.html

Syracuse Builders Exchange to host a live webinar Thursday, May 14 at 11 AM. Executive Director Earl Hall and Attorney Edward Sheats to analyze and discuss the guidance while answering questions Go to www.syrabex.com Click the Covid-19 Updates.

COVID-19 Update: Tune in to the live webinar TODAY at 11:00a.m. for our interpretation of the updated guidance for the construction industry. Syracuse Builders Exchange syracuse.com... https://www.syrabex.com/covid-updates.html

Syracuse Builders Exchange to host a live webinar Thursday, May 14 at 11 AM. Executive Director Earl Hall and Attorney Edward Sheats to analyze and discuss the guidance while answering questions Go to www.syrabex.com Click the Covid-19 Updates.

Never miss an article from the Construction Contractor Magazine published by the wonderful folks at the Syracuse Builders Exchange. You'll be sure to always find an article from your trusty attorneys at Sheats & Bailey, P.L.L.C. https://www.syrabex.com/construction-contractor-magazine.ht

How many times can the word "essential" be redefined? Here's the newest definition of "essential construction" handed down this morning from ESD: "Essential construction may proceed, to the extent that: the construction is for, or your business supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools; the construction is for affordable housing, as defined as construction work where either (i) ...a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority; the construction is necessary to protect the health and safety of occupants of a structure; the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so; the construction is for projects in the energy industry in accordance with Question No. 14 in the FAQ at: https://esd.ny.gov//fi/ESD_EssentialEmployerFAQ_033120.pdf; the construction is for existing (i.e. currently underway) projects of an essential business; or the construction work is being completed by a single worker who is the sole employee/worker on the job site. See more

To all in the Real Estate Business: NYS has declared the following functions of real estate brokers essential: residential home and commercial office showings; home inspections; and residential appraisers.

In the construction business? Confused if your project is "essential"? Here's most recent guidance from Empire State Development (ESD): "Construction in support of essential businesses is permissible, but only with appropriate social distancing and cleaning/disinfecting precautions. If those cannot be met, the project should be postponed."

Comments on Essential Construction from Empire State Development (ESD): Local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from the essential business restrictions. However, to the greatest extent possible, local governments should postpone any non-essential projects and only proceed with essential projects when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects are those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis.

Some key information about CARE loans: (1) they may be forgiven if the funds are utilized and documented properly; (2) the maximum loan amount is 250% of an employer’s monthly average of payroll costs; (3) you must apply for CARE loans through a certified CARE lender; and (4) there are no application fees, closing costs, required collateral or personal guarantees.

The Federal Government signed the $2 trillion stimulus package into law last Friday. The CARES Act offers many loan options for small business. Some of which are forgivable as they convert to a grant! These loan options can greatly benefit many companies. Sheats & Bailey, PLLC is currently digesting the new law. Stay tuned for details on the stimulus package and how it may help your business!

All Construction is no longer essential; but there are limited exemptions. This Syracuse.com article highlights some main topics covered at today’s webinar presented by Sheats & Bailey, PLLC and the Syracuse Builders Exchange. #construction #contractor #essential #coronavirus #PAUSE

BREAKING: LIVE WEBINAR TODAY AT 2:00 PM WWW.SYRABEX.COM CLICK ON: COVID-19 LINK New York State Empire State Development (ESD) just amended their guidance for determining whether a business is subject to a workforce reduction, under Governor Cuomo’s Executive Order. https://esd.ny.gov/guidance-executive-order-2026... Syracuse Builders Exchange See more