The Hart King law firm describes themselves in these terms. “Hart King represents publicly held corporations, mid-sized businesses and entrepreneurs in all state and federal courts within California. The firm offers a wide range of civil litigation and transactional services in the areas of business, commercial real estate, employment, manufactured housing, professional design & construction, and trust and estate matters.” They have what they dub a “Manufactured Housing Practice Group” which asserts over 100 years’ of collective legal experience.
These manufactured home community (MHC) attorneys at the Hart King law firm on 2.24.2021 provided MHProNews the following media release regarding potential COVID19 connected relief dollars.
“Legislation Clarifies That Landlords Will be Paid a Full 80% of Rental Arrears (AB 81)
Follow-up legislation signed by Gov. Newsom yesterday clarifies what legislators and the governor promised: Landlords will be paid a full 80% of the rent owed during the COVID-19 pandemic. Previously signed legislation, SB 91, was not clear on this point, providing that landlords would be paid “up to” 80%.”
They added that Governor Gavin Newsome, who has been embattled in his state as he faces a possible recall over frustrations with COVID19 and other state policies, published “a full list of key provisions of the bills signed into law…” That list provided by the governor’s office is found further below.
The Hart King law firm – which has periodically provided legal insights on various topics – has not replied to MHProNews on the question posed to them late Wednesday afternoon on how many other states may have similar programs.
That noted, several mainstream newspaper accounts seem to suggest that such COVID19 connected relief funds are available in other states too.
For instance, “Local landlords urged to tap federal program that provides rent relief” per the Aspen Times, which said that “The Property Owner Preservation Program is administered by the state…”
Additionally, while there is an apparent cut-off date, the U.S. Treasury in a media release said the following in a report that had an update on February 22, 2021. So, it is not entirely clear how much of that money may be available through the CARES Act if not already tapped at the state or local level.
Manufactured home community owners or those doing other types of rentals should contact their state lawmakers or housing offices for more details. Per the U.S. Treasury, the following.
“Emergency Rental Assistance payments will be made directly to States (including the District of Columbia), U.S. Territories (Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa), local governments with more than 200,000 residents, the Department of Hawaiian Home Lands, and Indian tribes (defined to include Alaska native corporations) or the tribally designated housing entity of an Indian tribe, as applicable (collectively the “eligible grantees”).1”
Those federal dollars flowed to state and/or local governments.
Further, the federal Consumer Financial Protection Bureau (CFPB) says that: “If you’re having trouble making rent payments as a result of the coronavirus pandemic, you are not alone.
Fortunately, federal, state, and local governments are taking action to offer relief. Learn what this means for you, and what you can do.”
CFPB further stated under “Eviction moratoriums” the following.
“Under federal or state law, you may have the right to pause an eviction for nonpayment of rent in certain circumstances.”
The CFPB added that: “CDC’s temporary eviction moratorium” has had: “Some residential evictions for nonpayment of rent can be paused through March 31, 2021…”
A recent report shows the problem from the perspective of manufactured home community residents as well as a community operator at this link below. Note that a significant Manufactured Housing Institute (MHI) member has contacted MHProNews to ‘defend’ the actions of the community operator named in this report below.
By contrast to the community operator that at least offered a mild defense of the practice reported above, MHI itself has been mute on the issues raised in that linked report. Several publicly traded manufactured home community operators have said that there has not been a serious impact from the pandemic on their collections.
Two such examples are linked below and above.
Here is what was updated in California on SB 91 and AB 81, per their governor’s statement.
Governor Newsom Signs Legislative Package Providing Urgent Relief to Californians Experiencing Pandemic Hardship
Published: Feb 23, 2021
SACRAMENTO – Today, Governor Gavin Newsom signed into law a comprehensive package of immediate actions that will speed needed relief to individuals, families and SACRAMENTO – Today, Governor Gavin Newsom signed into law a comprehensive package of immediate actions that will speed needed relief to individuals, families and businesses suffering the most significant economic hardship due to COVID-19.
The package, passed by the Legislature this week, builds on the initiatives in the Governor’s January state budget proposal to provide cash relief to lower-income Californians, increase aid to small businesses and provide license renewal fee waivers to businesses impacted by the pandemic. In addition to these measures, today’s action will commit additional resources for critical child care services and fund emergency financial aid for community college students.
“As millions of Californians are struggling to make ends meet amid the devastating impacts of this pandemic, we are taking immediate action in partnership with our legislative leadership to provide families and businesses the relief they need,” said Governor Newsom. “This critical assistance – including child care, relief for small business owners, direct cash support to individuals and households, financial aid for community college students and more – will help keep our communities afloat as the state continues to confront the immense challenges of this moment.”
“These bills help Californians pay their bills, and provide bread-and-butter relief to the small businesses that make our communities great, and who in turn, are the cornerstone of our economy. Stores we rely upon, restaurants we love, and services our families have turned to for years,” said Senate President pro Tempore Toni G. Atkins. “This is what we can do right now to help them, but it isn’t the end of our efforts. Not by a long shot.”
“Californians are hurting. This plan represents a way of softening the human and economic blows of COVID. More than that, it builds an economic foundation for recovery. This is the people of California saying that we will not leave behind those who are hurting most, whether they are individuals or small businesses. This is California strong,” said Speaker Anthony Rendon.
Below are key provisions of the bills signed into law:
Direct Relief to Individuals and Families
Incorporates the Governor’s Golden State Stimulus plan to assist California households that have borne the disproportionate economic burden of the COVID-19 Recession – those with incomes below $30,000, as well as those unfairly excluded from previous federal stimulus payments.
Provides $600 in one-time relief to households receiving the California EITC for 2020. In addition, the agreement provides a $600 one-time payment to taxpayers with Individual Tax Identification Numbers (ITINs) who were precluded from receiving the $1,200 per person federal payments issued last spring and the more recent $600 federal payments. Today’s action also provides $600 payments to households with ITINs and income below $75,000. ITIN taxpayers who also qualify for the California EITC would receive a total of $1,200. The payments will be provided to these households shortly after they file their 2020 tax returns.
Provides direct relief to additional lower-income Californians through a $600 one-time grant to households enrolled in the CalWORKS program and recipients of SSI/SSP and Cash Assistance Program for Immigrants (CAPI). Grant payments for CalWORKS households are expected by mid-April; timing for the delivery of SSI/SSP and CAPI grants is currently under discussion with federal officials.
Combined, the package represents a total of 5.7 million payments to low-income Californians.
Immediate Relief for Small Businesses
Provides $2.1 billion – a four-fold increase over the $500 million currently being distributed – for grants up to $25,000 for small businesses impacted by the pandemic, and allocates $50 million of this total for non-profit cultural institutions.
Fee Waivers for Heavily Impacted Licensees
Two years of fee relief for roughly 59,000 restaurants and bars licensed through the state’s Department of Alcoholic Beverage Control that can range annually from $455 to $1,235. The action also reflects fee relief for more than 600,000 barbering and cosmetology individuals and businesses licensed through the Department of Consumer Affairs.
More Resources for Critical Child Care
Addition of just over $400 million in new federal funds to provide stipends of $525 per enrolled child for all state-subsidized child care and preschool providers serving approximately 400,000 children in subsidized care statewide. The new federal resources will extend care for children of essential workers through June of 2022, and funds increased access to subsidized child care for more than 8,000 children of essential workers and at-risk children – who are not currently served in the system – through June of 2022.
Additional Aid for Individuals and Families
Provides an additional $24 million for financial assistance and services through Housing for the Harvest – a program providing support for agricultural workers who have to quarantine due to COVID-19. The effort also provides a combined $35 million for food banks and diapers.
Emergency Financial Relief to Support Community College Students
Provides an additional $100 million in emergency financial aid for qualifying low-income students carrying six or more units, with award amounts to be determined locally and made available by early April. In addition, the agreement provides $20 million to reengage students who have either left their community college studies because of the pandemic or to engage students at risk of leaving.
CalFresh Student Outreach and Application Assistance
Provides roughly $6 million to support outreach and application assistance to University of California, California State University and California Community College students made newly eligible for CalFresh – the state-administered federal program for supplemental food assistance. The agreement also provides $12 million in state funds to support associated county administrative workload.
In addition, the following provision is included in today’s action:
Restoration of Reductions
Restoration of the previously enacted reductions, effective July 1st, for the University of California, California State University, the Judicial Branch, Child Support Services and for moderate-income housing.
The Governor signed the following bills into law today:
- AB 81 by Assemblymember Philip Ting (D-San Francisco) – COVID-19 relief.
- AB 82 by Assemblymember Philip Ting (D-San Francisco) – COVID-19 pandemic emergency: contact tracing: childcare.
- AB 85 by the Committee on Budget – Budget Act of 2020.
- SB 87 by Senator Anna Caballero (D-Salinas) – California Small Business COVID-19 Relief Grant Program: income tax: gross income: exclusion: small business grants.
- SB 88 by the Committee on Budget and Fiscal Review – One-time stimulus payment: delinquent accounts: Earned Income Tax Credit: statements.
- SB 94 by Senator Nancy Skinner (D-Berkeley) – Alcoholic beverage control: barbering and cosmetology: license renewal fees: waiver.
For full text of the bills, visit: http://leginfo.legislature.ca.gov
On February 12, 2021 the Hart King Law firm provided this information, and naturally urged those with questions to contact them.
FAQs Regarding SB 91
New State Rental Assistance Program
SB 91 establishes the State Rental Assistance Program to allocate approximately $1.4 billion in federal rental assistance California will receive. The program will target aid to income-qualified tenants most at-risk with unpaid back rent. Assistance will also be extended to property owners who agree to waive 20 percent of unpaid rent. By agreeing to this waiver, property owners will become eligible for 80 percent in rent reimbursements for amounts owed between April 1, 2020 and March 31, 2021. SB 91 requires the State Rental Assistance Program to begin accepting applications no later than March 15, 2021.
Who is eligible for rental assistance under the State Rental Assistance Program?
To be eligible to receive rental assistance funds, a resident’s household (an “eligible household”) must meet ALL of the following criteria:
- At least 1 person in the household EITHER
- Qualifies for unemployment benefits, or
- Experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19;
- At least 1 person in the household can demonstrate a risk of experiencing homelessness or housing instability, which may include any of the following:
- A past due utility or rent notice or eviction notice,
- Unsafe or unhealthy living conditions, or
- Any other evidence of such risk, as determined by the Department; and
- Household income at or below 80 percent of the area median, as determined by the U.S. Department of Housing and Urban Development.
Can I apply to the State Rental Assistance Program on my resident’s behalf?
Yes. The State Rental Assistance Program allows a landlord to apply directly to the Department for the payment of rental arrears. The application process will require the landlord and resident to work together, as eligibility for the funds is based on the resident’s circumstances. While the exact process for applying for the funds is not yet known, it is likely that information such as proof of income will have to be provided by the resident for the application to be processed.
Hart King recommends that landlords/property managers keep track of all their tenants rent payments, notices received, and changes in income throughout the Pandemic so you can be easily prepared for the rental assistance application when it becomes available. Hart King will be hosting a webinar later this month on SB 91 for any landlords who still have questions about this complex new law. Be on the lookout for this eblast with registration instructions soon…”
Additional Information, more MHProNews Analysis and Commentary
What exactly has MHI done on this topic?
For additional insights on MHI’s ‘response’ to businesses impacted by the COVID19 rental moratoriums under the Trump Administration or the new Biden-Harris regime, see the linked information above and further below.
To learn more about industry politics, purported corruption by certain MHI members and the association itself, see the report linked below.
MHI, their members’ attorneys, or their surrogates response to the allegations above are examined in the linked report that follows.
Stay tuned for more of what is ‘behind the curtains’ as well as what is obvious and in your face reports. It is all here, at the runaway largest and most-read source for authentic manufactured home “Industry News, Tips, and Views Pros Can Use” © where “We Provide, You Decide.” © ## (Affordable housing, manufactured homes, reports, fact-checks, analysis, and commentary. Third-party images or content are provided under fair use guidelines for media.) (See Related Reports, further below. Text/image boxes often are hot-linked to other reports that can be access by clicking on them.)
By L.A. “Tony” Kovach – for MHProNews.com.
Tony earned a journalism scholarship and earned numerous awards in history and in manufactured housing.
For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. He’s a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com.
This article reflects the LLC’s and/or the writer’s position, and may or may not reflect the views of sponsors or supporters.
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