Tag: Zachary Berger

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!


How to Use the Proceeds from a Paycheck Protection Program Loan Correctly to Facilitate Maximum Loan Forgiveness

The Paycheck Protection Program (“PPP”) included in the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) became law on Friday, March 27, 2020. The PPP is designed to allow the Small Business Administration (“SBA”) to make loans through certified lenders to small businesses, 501(c)(3) nonprofit organizations, independent contractors and certain other entities. If used appropriately, these loans may become forgivable up to 100% of the principal amount borrowed. Although the SBA is not currently accepting new applications for the PPP, more funding may become available in the near future.

If your business received a loan through the PPP, it is important to utilize the proceeds for “covered costs”, i.e. payroll costs, rent, utilities, and interest. Pursuant to Section 1106 of the CARES Act, a recipient is eligible for forgiveness of indebtedness if the loan proceeds are used for covered costs within the 8 week period following receipt of funds. At least 75% of the loan proceeds must be spent on payroll costs to maximize loan forgiveness. Furthermore, in order to use any of the loan proceeds on rent, utilities or interest, those obligations must have existed prior to February 15, 2020. Importantly, for rental obligations, this means there was a lease in force before February 15, 2020.

If your business received funding through the PPP and require assistance in ensuring the proper use of those funds or you are interested in apply for a PPP loan, we can help. Please contact Attorney Tom MacNeely at tmacneely@rjglaw.com or Attorney Zachary Berger at zberger@rjglaw.com of our Real Estate Department to learn more about these services.


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.


Berger joins RJG Real Estate Department

Zach Berger Attorney Zach Berger’s practice generally focuses on representing purchasers and sellers of residential and commercial real estate, landlords and tenants in leasing transactions, and property owners in tax assessment appeals. Attorney Berger also has experience in environmental law related issues. Additionally, he represents various creditors in both commercial and residential foreclosure actions as well as in collection actions.

Prior to joining Rosenn, Jenkins & Greenwald, Attorney Berger was employed at a regional law firm where he was engaged in a variety of commercial transactions and litigation.

Attorney Berger earned his B.A. (summa cum laude) in History from the University of Pittsburgh, before attending the University of Minnesota Law School on a full scholarship. During law school, he served as the Executive Editor of the Minnesota Journal of Law, Science & Technology and was also the Student Director of the Phillips Neighborhood Medical-Legal Partnership Clinic. In his role at the Clinic, he partnered with health service students to serve the often disadvantaged clientele in a variety of matters such as landlord/tenant disputes, wills and estates issues, and insurance matters.

Attorney Berger is licensed to practice in Pennsylvania, New Jersey and in the United States District Court for the Middle District of Pennsylvania. He is a member of the Wilkes-Barre Law and Library Association and the Pennsylvania Bar Association.

Appointments with Attorney Zach Berger can be made by calling him directly at (570) 826-5609.