Legal Alert

CARES Act Implications for Developers, Multifamily Property Owners, and Investors

March 27, 2020

Earlier today, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). We wanted to alert you to a few provisions of this legislation that may have an immediate impact on multifamily property owners, developers and investors. A summary of the Senate version is attached.

  1. Section 4023 provides that multifamily borrowers with a federally backed mortgage loan (Fannie, Freddie, or HUD) who have experienced a financial hardship may request up to 90 days of forbearance. Borrowers receiving forbearance may not evict or charge late fees to tenants for the duration of the forbearance.
  2. Separately, under Section 4024, even if forbearance is not sought, landlords with federally backed mortgage loans are prohibited from initiating eviction proceedings or charging late fees for 120 days after the enactment of this legislation. This will not only preclude new eviction proceedings, but also may impact ongoing proceedings.
  3. There are several provisions designed to provide financial relief, including the Paycheck Protection Program (Sections 1102 and 1106) that would make loans available to small businesses for payroll support, mortgage, rent, and utility payments. The maximum amount of each loan is $10 million, with the loan amount calculated pursuant to a formula based on payroll costs. Portions of the loans are eligible for forgiveness if used for qualified purposes, though the forgivable amount may be reduced in connection with reductions in employment or employee compensation. In addition, the Act would expand eligibility for and access to Economic Injury Disaster Loans through December 31, 2020, including waiver of the credit elsewhere requirement and waiver of the requirement that the applicant must have been in business for one year.

Copyright © 2020 by Ballard Spahr LLP.
(No claim to original U.S. government material.)

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

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