2021 Landlord-Tenant Disputes: Federal and State Restrictions, Rent Abatement, Mortgage Relief, Eviction Moratoriums

A live 90-minute premium CLE video webinar with interactive Q&A


Thursday, July 8, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will focus on the current status of landlord-tenant laws in the U.S. in 2021 under federal and state regulations and restrictions, focusing on income assistance for residential rent, continued availability of SBA loans for commercial tenants, and the state of moratoriums on both foreclosures and evictions for properties with federally-backed mortgages. The panel will address initiatives taken at the state level in California, New York, Pennsylvania, and other states to provide relief to tenants during the COVID-19 pandemic and what that may mean legally for property owners.

Description

In addition to the CARES ACT, the Consolidated Appropriates Act of 2020, and separate federal and state orders, there remain provisions and programs that will immediately impact real estate owners, developers, and managers. The CARES Act and several states have offered income assistance by increasing unemployment benefits and providing a direct cash payment to most Americans. Counsel will need to guide clients and businesses on the requirements attached to CARES and state funding and the impact of government relief on rent collection.

Counsel must also know how these conflicting laws and regulations may affect borrowers with certain federally-backed mortgage loans. Property owners of both single and multifamily properties have the right to request forbearance on their loan due to financial hardship from the COVID-19 emergency. However, limitations on that right do apply. Borrowers must be aware of the limits and requirements for the forbearance period.

Counsel should advise landlords of property with federally-backed mortgages that the CARES Act and other federal and state orders grant a moratorium on eviction of tenants while the landlord is in forbearance. In the evolving financial and legal climate, counsel must ascertain and advise clients and businesses of other restrictions on legal action by landlords, including limits on evictions for properties covered under the Violence Against Women Act of 1994 or specific rural housing voucher programs.

Listen as our expert panel provides details on navigating the impact of the CARES Act on the real estate industry and addresses the practical concerns of property owners, landlords, and tenants in this current environment.

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Outline

  1. CARES ACT and CAA
    1. Financial assistance for real estate businesses
    2. Residential property relief
      1. Rent and loan obligations
      2. Eviction moratorium
  2. Lease negotiation practical issues
    1. First, look to the language of the lease
    2. Landlord perspective
    3. Tenant perspective
    4. Impact of state and local law

Benefits

The panel will review these and other highly critical matters:

  • The CARES Act and CAA impact on income and any limitations placed on government stimulus or unemployment benefits
  • The procedures, requirements, and limits on foreclosure forbearance for federally-backed mortgages
  • The restrictions on evictions of tenants who occupy property with federally-backed mortgages
  • How states have implemented additional eviction restrictions
  • Best practices for renegotiating a lease during the economic downturn

Faculty

D'Angelo, Massimo
Massimo D'Angelo

Partner
Akerman

Mr. D’Angelo focuses his practice on real estate litigation and transactional work. He regularly represents...  |  Read More

Otero, Elena
Elena Otero

Partner
Holland & Knight

Ms. Otero primarily practices in the areas of real estate, finance and banking law, with a focus on all aspects of...  |  Read More

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