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Buchalter COVID-19 Client Alert: San Francisco Provides New Evidentiary Presumption in Continued Push to Provide Rent Relief to Limited Commercial Tenants
Buchalter, August 2021

Following the passage of its commercial eviction moratorium for certain qualified tenants in December 2020,[1] the San Francisco Board of Supervisors, on August 4, 2021, provided additional assistance to the same class of “Covered Commercial Tenants” by establishing a new evidentiary presumption aimed at excusing payment of past due rent. To the extent applicable, the presumption applies to all past due rent as of March 16, 2020...

Buchalter COVID-19 Client Alert: Supreme Court Holds That in Applying COVID-Related Stays of Eviction Proceedings, Landlords Must Be Given the Opportunity to Challenge a Tenant’s Claim of COVID-Related Hardship
Buchalter, August 2021

On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by means of self-certification.  Under the New York law, eviction actions based on non-payment of rent could not go forward if a tenant submitted such a self-certification.  Under the law, landlords could not contest the tenant’s declaration in court...

California Legislation Extends Protections for Tenants Experiencing COVID-19-Related Financial Distress; Broadens Financial Assistance for Eligible Landlords and Tenants
Hanson Bridgett LLP, July 2021

Key Points Eviction protections that were set to expire June 30, 2021, have been extended to September 30, 2021. New notice requirements took effect on July 1, 2021; additional notice requirements take effect on October 1, 2021. Governmental rental assistance is now available to pay 100 percent of a qualified tenant's rent. On June 28, 2021, California Governor Gavin Newsom signed Assembly Bill 832 into law, effective immediately...

Buchalter COVID-19 Client Alert: Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic
Buchalter, July 2021

A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that the insured then report such claim to its insurer during the time the single insurance policy is in effect. This is what is known as a “claims-made-and-reported” policy...

Buchalter COVID-19 Client Alert: CFPB Issues Rule on Required COVID Relief Steps and Availability of Foreclosure for Residential Mortgage Loans
Buchalter, June 2021

  On June 28, the Consumer Financial Protection Bureau (CFPB) issued a new rule (Rule) setting forth loss mitigation/loan modification steps residential mortgage loan servicers must take in regard to mortgage loan borrowers due to possible COVID-19 related hardship, and when servicers may or may not commence foreclosure proceedings.  The Rule will take effect on August 31, 2021 and remain in place until December 31, 2021...

Termination of Governor's COVID Stay-at-Home Order Triggers Review of Rehired Public Sector Retirees
Hanson Bridgett LLP, June 2021

Key Points Effective July 1, 2021, the state law rules regarding break-in-service and hours limitations for hiring public-sector retirees will be reinstated. Public sector employers and retirement systems need to determine if any action, such as reinstatement or compliance with required governing agency appointment process, is required to continue to employ retirees who were hired or whose employment was extended during the COVID emergency...

Third Time's A Charm: Cal/OSHA Standards Board Passes Revisions To Its COVID-19 Emergency Temporary Standard After Two Aborted Attempts
Hanson Bridgett LLP, June 2021

Key Points Fully vaccinated employees no longer need to wear face coverings indoors or outdoors. The revised ETS removes all social distancing requirements. Employers must provide respirators to employees who are not fully vaccinated "upon request." Governor has issued an executive order which makes the revised ETS enforceable immediately upon submission to the Office of Administrative Law...

Buchalter COVID-19 Client Alert: Health Plans are on the Hook for COVID Testing, Per the DMHC
Buchalter, June 2021

On June 7, 2021, the Department of Managed Health Care (“DMHC”) issued an All Plan Letter (APL-21-016) to the health care service plans it regulates, announcing that health care service plans must continue to cover certain COVID-19 testing for their enrollees beyond the now-expired DMHC’s emergency regulation[1] (“Emergency Regulation”)...

EEOC Issues May 28 Updated FAQs For Employer COVID-19 Vaccination Programs
Hanson Bridgett LLP, June 2021

Key Points Employers have the right to mandate vaccines subject to religious and disability-related employee exemptions. Asking if an employee has been vaccinated is not a prohibited medical inquiry. Incentive programs to encourage vaccinations are permissible. Introduction Previously, the Equal Employment Opportunity Commission (EEOC) issued Guidance permitting employers to implement COVID-19 vaccine mandates, subject to certain exemptions...

Buchalter COVID-19 Alert: California is Reopening, Will Commercial Evictions Remain on Hold?
Buchalter, May 2021

In early April as the statewide vaccination rate began to rise and major population centers across California began to see significant decreases in positive COVID cases and hospitalization rates, Governor Gavin Newsom announced that the State plans to reopen in full on June 15, 2021. As of the date of this Alert, California has one of the lowest number of COVID cases per 100,000 people and the fourth lowest number of COVID hospitalizations in the United States...

Cal/OSHA COVID-19 Safety Rules to be Revised
Buchalter, May 2021

The Cal/OSHA Standards Board is scheduled to meet on May 20, 2021 to review proposed revisions to the Emergency Temporary Standards (“ETS”) on COVID-19 Safety in the workplace that were originally adopted in November, 2020.  The rules are expected to be readopted with the revisions and sent on to the Office of Administrative Law for an abbreviated five-day public notice and comment period as an emergency action before taking effect...

Buchalter COVID-19 Client Alert: DFPI Reminds Debt Collectors about Rental Protections for COVID-19 Rental Debt
Buchalter, April 2021

Acting under its new Debt Collection Licensing Act licensing administration and enforcement authority granted by SB 908, the DFPI Commissioner issued a public statement on April 9th reminding all future license applicants under the Debt Collection Licensing Act of California’s renter protections associated with COVID-19 rental debt...

Buchalter COVID-19 Client Alert: PPP Loans Now Available to Otherwise-Eligible Companies That Have Ended Their Bankruptcy Proceedings
Buchalter, April 2021

  The Small Business Administration (“SBA”) has made an adjustment to its guidance to provide that entities which have concluded a bankruptcy proceeding are not, for purposes of PPP eligibility, considered in bankruptcy. Entities which are presently in bankruptcy are not eligible for a PPP loan. The SBA’s latest Frequently Asked Questions (found at https://www.sba.gov/sites/default/files/2021-04/PPP%20FAQs%204.6.21%20FINAL-508.pdf) contain a new FAQ Number 67...

Buchalter COVID-19 Client Alert: California’s COVID-19 Supplemental Paid Sick Leave Returns
Buchalter, March 2021

On March 19, 2021, Governor Gavin Newsom signed Senate Bill No. 95 (SB95) and revived California’s COVID-19 Supplemental Paid Sick Leave. By March 29, 2021, employers of more than 25 employees must provide Supplemental Paid Sick Leave for covered employees who are unable to work or telework due to concerns related to COVID-19 through at least September 30, 2021...

California Employers Face New COVID-19 Supplemental Paid Sick Leave Requirement
Hanson Bridgett LLP, March 2021

Key Points California employers with more than 25 employees must provide an additional 80 hours of COVID-19 supplemental paid sick leave to full-time employees for qualified reasons COVID-19 supplemental paid sick leave is retroactive to January 1, 2021, and must be paid out on an employee's oral or written request made on or after March 29 The amount of COVID-19 supplemental paid sick leave available must be listed as a separate line item on employees' wage statements, no later tha

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York
Buchalter, March 2021

  In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York rejected an attempt by The Gap, Inc. (“Gap”) to excuse payment of such obligations due to the pandemic and related government restrictions...

“All Things are Ready if our Emergency Plan Be So” Dealing with Emergency Preparedness in California HOAs
Buchalter, March 2021

  The Threats California is used to wildfires. But the Golden State's record-breaking 2020 wildfire season was particularly brutal. A blistering heat wave fueled dozens of simultaneous fires – conditions that spurred Gov. Gavin Newsom to declare a statewide state of emergency. Tens of thousands of people were evacuated from their residences. But, was not – and is not – the only threats California residents face...

Buchalter COVID-19 Client Alert: FHFA Extends Freddie Mac and Fannie Mae Single-Family Eviction and Foreclosure Moratoria, and Extends GSE Forbearance and Deferral Lengths; List of Current Periods for GSEs, Federal Agencies and States of California, Washington, Oregon and Arizona
Buchalter, February 2021

By Michael Flynn, Doug Prince and Khaled Tarazi Buchalter’s February 16 COVID Alert (https://www.buchalter.com/wp-content/uploads/2021/02/FHA-VA-USDA-Foreclosure-and-Eviction-Moratoria-and-Forbearance-Application-Deadline-Extended-to-June-30.pdf) reported that the federal government had extended the FHA, VA and USDA timelines for single-family foreclosure and eviction moratoria and forbearance periods to June 30, 2021...

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order
Buchalter, February 2021

 By Michael Flynn, Doug Prince and Khaled Tarazi  On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order.  The case was brought by seven Texas landlords against the CDC, challenging the CDC moratorium order.  The CDC moratorium applies to tenants who, among other things, declare economic hardship and earned $99,000 or less in 2020 ($198,000 for couples)...

Buchalter COVID-19 Client Alert: Cal-OSHA Wins First Round in Major Court Challenge to its COVID-19 Emergency Regulation
Buchalter, February 2021

Cal-OSHA’s COVID-19 regulation remains in effect after the trial court rejected a motion for a preliminary injunction filed by a coalition of employers. This included challenges to: (1) compensation for employees excluded from work; (2) mandated testing; and (3) health and safety requirements for employer-provided housing and transportation. Therefore, employers must continue to abide by the requirements of the emergency regulation...

San Francisco Court Declines to Halt Enforcement of Cal/OSHA Emergency Temporary Standard Regulations
Hanson Bridgett LLP, February 2021

San Francisco Superior Court Judge Ethan Schulman ruled yesterday that Cal/OSHA can continue to enforce its COVID-19 Emergency Temporary Standard Regulation (ETS), at least for now. On February 25, 2021, Judge Schulman issued an order denying Plaintiffs' applications for a preliminary injunction halting enforcement of the Cal/OSHA's COVID-19 Emergency Temporary Standard Regulation (ETS) in two cases...

Buchalter COVID-19 Client Alert: FHA, VA, USDA Foreclosure and Eviction Moratoria, and Forbearance Application Deadline, Extended to June 30; Current List of Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications
Buchalter, February 2021

Following last week’s FHFA announcement extending the Fannie Mae and Freddie Mac foreclosure and eviction moratoria and their deadlines for applying for COVID-related forbearance, the White House announced on February 16 that FHA, VA, and USDA will extend their single-family residential foreclosure and eviction moratoria, and their deadlines for applying for COVID-related forbearance, to June 30, 2021...

CFPB Acting Director Considering Delay in New Qualified Mortgage Rule
Buchalter, February 2021

In a new blog, David Uejio, the Acting Director of the Consumer Financial Protection Bureau (CFPB) stated that he has instructed CFPB staff to “explore options for preserving the status quo with respect to QM and debt collection rules...

Buchalter COVID-19 Client Alert: Regional Stay-at-Home Orders Lifted as California Returns to Tiered COVID System; Companies and Landlords Consider Ramifications of Mandatory Vaccine Programs
Buchalter, February 2021

On January 25, the State of California lifted its previously enacted emergency stay-at-home order for all 58 counties. The stay-at-home orders were put in place at the beginning of December and were designed to help ease the burden on ICUs throughout the state, which were becoming increasingly inundated with new COVID-19 patients...

California Extends COVID-19 Eviction Moratorium; Provides Financial Assistance for Eligible Landlords and Tenants
Hanson Bridgett LLP, February 2021

Key Points Eviction protections that were set to expire January 31 have been extended to June 30, 2021 New notice requirements took effect February 1 Landlords may not charge late fees or increase rent or fees for tenants who attest to COVID-19-related financial distress State Rental Assistance Program may pay 80 percent of a qualified tenant's rent if landlord forgives the remainder On January 29, 2021, California Senate Bill 91 became law, effective immediately...



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