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On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance (Moratorium Amendment) codifying a legal presumption to potentially...more
On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board...more
On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...more
On May 4, 2021, New York Governor Andrew Cuomo signed into law a bill passed by the New York State legislature extending to August 31, 2021 the existing eviction moratorium for residential tenants and independently owned...more
Executive Order Extends Authorization - Many local governments took a collective sigh of relief when California Gov. Gavin Newsom signed Executive Order N-03-21, extending local authorization to impose commercial eviction...more
On March 9, 2021, New York Governor Andrew Cuomo signed into law the New York State COVID-19 Emergency Protect Our Small Businesses Act of 2021 (S471A/A3207) (the “Act”). After a full year of commercial tenants and commercial...more
Update: This article was updated on March 15, 2021, to include that the governor’s emergency order was extended to June 30, 2021. Update: This article was updated on January 19, 2021, to include that the commercial...more
In response to the COVID-19 pandemic, in March 2020 the New Jersey Courts postponed all commercial landlord/tenant trials and barred the issuance of Writs of Possession arising out of Final Judgments in Foreclosure in...more
February 9, 2021 Update - As the pandemic extends into 2021, COVID-related emergency eviction moratoria that were rolled out by a variety of jurisdictions in March of 2020 continue to be updated and refined in response to...more
We previously wrote about a case in which a Florida appellate court strictly applied the statute requiring a commercial tenant to pay rent into the court registry during an eviction proceeding. The appellate court noted that...more
In response to the COVID-19 crisis, many jurisdictions took emergency actions imposing moratoria on residential and commercial evictions affecting properties in Washington State. On March 27, Stoel Rives prepared a guide...more
On October 20, 2020, New York Governor Andrew Cuomo issued Executive Order 202.70, which continued through January 1, 2021 the moratorium on initiating a proceeding or enforcement of (a) an eviction of any commercial tenant...more
On June 26, 2020, in response to the COVID-19 pandemic, the State of Oregon passed House Bill 4213, which restricted a landlord’s ability to enforce certain rights if a tenant failed to pay rent during the “Emergency Period,”...more
Governor Gavin Newsom has issued Executive Order N-80-20, extending through March 31, 2021 Executive Order N-28-20, which allows local governments to impose commercial eviction moratoriums and restrictions for commercial...more
Five months and counting—that's how much time municipalities and businesses have spent continually adapting to the consequences of COVID-19....more
Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail...more
On May 22, 2020, the California Senate Judiciary Committee passed Senate Bill 939 (SB 939), a bill intended to provide relief to certain commercial tenants (as more particularly discussed later in this alert) from economic...more
On May 26, 2020, the New York City Council passed two laws, effective immediately, intended to provide relief to certain commercial tenants during the COVID-19 pandemic. These laws supplement federal relief bills and the...more
Under the newly enacted law Int. No. 1932-A, the New York City Administrative Code was amended to render unenforceable, in certain instances, the personal liability of guarantors of payment obligations contained in commercial...more
As previously reported on the Unfamiliar Terrain blog, San Francisco Mayor London Breed declared a moratorium on evictions of small and medium-sized businesses (those having worldwide receipts of $25 million or less) impacted...more
As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their...more
As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more
On April 6, 2020, Governor Doug Ducey issued Executive Order 2020-21, “Prohibiting Small Business Evictions,” which delays commercial eviction actions against certain small businesses and nonprofit organizations until May 31,...more
On April 1, 2020, Ohio Governor Mike DeWine signed Executive Order 2020-08D to provide relief to small business tenants and commercial real estate borrowers suffering from the economic impact of Ohio’s Stay-at-Home Order and...more
For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more