Category: Real Estate

Attention Renters and Property Owners: The Order Suspending Residential Evictions and Foreclosures has Expired

Pennsylvania’s moratorium on residential evictions and foreclosures for the nonpayment of rent or mortgage payments expired yesterday, August 31, 2020. Accordingly, residential evictions for the nonpayment of rent or holdover of a tenant can commence today, September 1, 2020. Similarly, foreclosures which are subject to the notice requirements of Act 6 and Act 91 (statutory notices required to be sent before residential foreclosures) may also proceed starting today. Importantly, the now expired Order prohibiting evictions and foreclosures did not relieve tenants/mortgagors of their obligation to make rental/mortgage payments during the moratorium period. Therefore, evictions and foreclosures for payments not made during the moratorium period may now commence, as well.

Whether you are a landlord, bank, tenant, business or anyone else looking for help navigating the frequently changing housing laws during this difficult time, please contact Attorney Tom MacNeely at tmacneely@rjglaw.com, Attorney Zachary Berger at zberger@rjglaw.com or call (570) 826-5600). We can help!


Foreclosure and eviction protections extended

The Executive Order Suspending All Residential Evictions and Foreclosures Has Been Extended Through August 31, 2020

On July 9, 2020, Governor Tom Wolf issued an Executive Order suspending all residential evictions and foreclosures for the nonpayment of rent or mortgage payments through August 31, 2020. This Order extended Governor Wolf’s previous Order concerning the suspension of evictions and foreclosures which was set to expire on July 10, 2020.

Accordingly, residential evictions for the nonpayment of rent or holdover of a tenant cannot commence until August 31, 2020. Similarly, foreclosures which are subject to the notice requirements of Act 6 and Act 91 (statutory notices required to be sent before residential foreclosures) cannot begin until the expiration of Governor Wolf’s Order on August 31st. However, evictions for the breach of other provisions of a lease may be instituted immediately and Governor Wolf’s Order does not suspend the obligation to pay rent and mortgage payments.

If you desire to learn more about Governor Wolf’s Order and the steps that may be taken by landlords and mortgage holders pursuant thereto, please contact Attorney Tom MacNeely (tmacneely@rjglaw.com), or Attorney Zachary Berger (zberger@rjglaw.com) of our Real Estate Department. We can help!


Supreme Court of Pennsylvania Order to Suspend Residential Evictions for Nonpayment of Rent or Loan Payment Extended through April 30, 2020

On March 18, 2020, the Supreme Court of Pennsylvania issued an Order suspending residential evictions for nonpayment of rent or loan payments, and this Order was recently extended through April 30, 2020. Furthermore, some local county courts have elaborated on this Order. For proceedings example, Luzerne County has postponed all Landlord/Tenant and eviction and this Order was similarly extended through April 30, 2020.

Furthermore, although the prohibition of evictions does not suspend the obligation to pay rent/mortgages, landlords/lenders may be willing to defer payments and/or enter into payment plans during the crisis. Additionally, on March 18, 2020, the Department of Housing and Urban Development (“HUD”) authorized the Federal Housing Administration (“FHA”) to put a moratorium on foreclosures and evictions for sixty days for single-family homeowners unable to pay their FHA backed mortgages. Similarly, Fannie Mae and Freddie Mac each announced that they were suspending foreclosures in connection with single family mortgages for at least sixty days for those experience hardship due to COVID-19.

As the current state of affairs is unprecedented, more information and resources may come available. Whether you are a landlord, tenant, business or anyone else looking for guidance on your specific situation during this difficult time, please contact Attorney Tom MacNeely at tmacneely@rjglaw.com, Attorney Zachary Berger at zberger@rjglaw.com or call (570) 826-5600.


RJG - Clean and Green

Is your Property Eligible for the Clean and Green program?

In 1974, The Pennsylvania General Assembly enacted the “Clean and Green” program. This preferential tax assessment program was designed to to encourage protection of the Commonwealth’s valuable farmland, forestland and open spaces. Attorney Thomas J. MacNeely, who serves as the Chairman of our Real Estate Department, has helped various clients secure “Clean and Green” approval for their properties with the Tax Assessor’s Office. His efforts have resulted in these clients saving hundreds of thousands of dollars in real estate taxes.

If you are interested in learning more about the Clean and Green program and if your property is eligible for it, please contact Attorney MacNeely at 570-826-5662.


Title Isn't Everything - Paul Rushton

Title Isn’t Everything: Corporate and Tax Issues for Real Estate Investors to Consider Prior to Purchasing an Investment Property

If you are a real estate investor or have an interest in investing in real estate, you may find it useful to consult the information in Paul Rushton’s article about certain corporate and tax issues to be considered prior to purchasing an investment property.

Paul’s article can be found here.

If you would like to contact Paul, his contact information can be found at https://www.rjglaw.com/attorneys/paul-t-rushton/.


Attorney Robert D. Schaub Secures a Substantial Monetary Award

SchaubRobert D. Schaub, Chairman of the Rosenn, Jenkins & Greenwald litigation department, recently secured a substantial monetary award for a client.  The client is a large facility management company with multiple locations. The Defendant is a landlord for commercial properties that refused to pay for services rendered.   The matter was litigated by way of private arbitration, and the award was for 100% of the amount sought. 

When litigation is inevitable, turning to a team of trial lawyers with extensive litigation experience is the best way to achieve results. The Litigation Department at Rosenn Jenkins & Greenwald, LLP consists of outstanding attorneys who are knowledgeable in various aspects of litigation. With many years of combined experience, these attorneys offer clients throughout Pennsylvania the skillful and determined representation they deserve to meet their legal needs.


Get Experienced Litigation Counsel

Click here to speak with the lawyers at Rosenn Jenkins & Greenwald, LLP.


Rushton Article appears in Times Leader 2018 Attorney Guide

An article prepared by Paul Rushton, the Chair of the Firm’s Business & Finance Department, was recently published in the Times Leader 2018 Attorney Guide.   The article, titled “No More Excuses – Changes to Pennsylvania Associations Code and Realty Transfer Tax Rules Eliminate Justifications for Continued Ownership of Real Estate through General Partnerships”, outlines the reasons why general partners should consider the conversion of their real estate holding general partnerships into a limited liability entity.  Paul’s article previously appeared in a Pennsylvania Bar Association Business Law Section newsletter.

Please contact Paul if you have any questions about this subject.  Paul’s contact information can be found here.