Saturday, November 21, 2020
Thursday, September 17, 2020
The CARES Act passed by Congress and signed on March 27, 2020, placed a moratorium on evictions for certain landlords and renters. This protection ended July 25, 2020. Therefore, a detailed analysis of this expired Act is not necessary.
Approximately 1-1/2 months after the expiration of the CARES Act, the Center for Disease Controlled stepped into the landlord-tenant relationship and issued a temporary halt to certain residential evictions. This is a broader moratorium than the CARES Act because it covers landlords regardless of whether they have a federal loan or accept VA or Section 8 tenants. Unlike the CARES Act, this moratorium allows the landlord to charge fees, penalities, or interest as a result of the failure to pay rent or other housing payment. The CDC states, it issued its moratorium to prevent the further spread of COVID-19. Therefore, it covers residential tenants until December 31, 2020.
The tenants must sign a declaration that states the following:
(1) The individual has used best efforts to obtain all available government assistance for rent or housing;
(2) The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
(3) the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary  out-of-pocket medical expenses;
(4) the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses; and
(5) eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.
If you are in Cobb, Dekalb, Gwinnett, Cherokee, Clayton or Fulton Counties, and you are a tenant or small landlord, contact me with any questions by e-mail at firstname.lastname@example.org
Friday, August 21, 2020
I've practiced employment discrimination on and off since 1986. This new woke era is the first time I've seen employers take what appears to be blatantly racist stances. Seminars that tout white fragility and accuse white people of being evil and unabashedly racist may be seen as racial harassment and discrimination.
More recently, Goodyear stated masks and shirts stating "Black Lives Matter" were acceptable, while "White Lives Matter", "All Lives Matter" and "Blue Lives Matter" were unacceptable. They have since backtracked on the "Blue Lives". Black Lives Matters, the organization, is a Marxist organization that wants to dismantle the nuclear family. Touting a political organization or party may be harmful to the bottom line and may have some election law consequences, but it is very tangential to employment discrimination laws.
However, the EEOC and courts may have to weigh in on zero-tolerance policies that allow employees to wear Black Lives Matter, but disallow similar attire that touts White Lives Matter or Hispanic Lives Matter or Chinese Lives Matter or All Lives Matter. Arguably, such a policy is discriminatory or creates a hostile work environment? If a white employee goes to HR to complain and gets fired, can he successfully file against the employer? All these questions remain open.
If you are an employee or employer who has questions about the new woke workplace environment, call or e-mail me. (770)367-1234 or email@example.com At the minimum, a covered employee can file a charge with the EEOC. The charge is not public and the entire matter can be resolved at the EEOC level.