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Covid, Public Safety, Legislative 2020

PANDEMIC, STIMULUS AND LEGISLATIVE UPDATES - We will continue to add updates that affect real estate investors nationally and locally.  Check here for regular updates.  Or visit www.NationalREIA.org and click on the COVID BUTTON for federal updates....

Update 10/6/2020

Eviction Data the Media is Spouting has Little to No Validity

Article by Slate

Most of the numbers that the media is sensationalizing are out of date and/or incomplete. Some data points are based on evictions filed, not evictions finished.  They also do not show which evictions are for lack of payment vs. destruction of property such as running a meth lab in the property.  

"The media uproar over eviction tsunamis hides an increasingly embarrassing fact: We don’t even know how many Americans were evicted in 2019. How, then, are we supposed to help the estimated 30 to 40 million renters who are at risk of being evicted in 2021, when the moratorium lifts?

In short, local policies, differences in institutional capacity, and a lack of standardization across jurisdictions countrywide lead to a frustrating inability to pull together housing loss data in any meaningful way."

Click here to read the full article.

Update 10/6/2020

Settlement Program Offers Alternative to Eviction 

Article by the Indiana Lawyer. 

Elizabeth Sickles, President of INstateREIA, talks about how most landlords and housing providers WANT to work with their renters, and ARE working with the renters who are willing to work with them.

“Landlords want to do everything they can to keep good tenants in their properties,” Maora Sickels said. “If the tenants are even halfway willing to try to work something out, the landlords definitely want to help them.”

Read the full article here OR download a pdf copy here: Indiana Lawyer Article 10 01 20 with Elizabeth Sickels.pdf

UPDATE 9/2/2020 

Effective September 4th, the CDC has issued a 37 page nationwide eviction moratorium through 12/31/2020.

For the full CDC ruling click here: Rules of Federal Moratorium.pdf

Attorneys resoundingly agree that this is 100% unconstitutional 

and a gross over reach by the Federal government on state level issues. 

Here's what you need to know:

  • The plan allows tenants to stop eviction proceedings by providing to the landlord, a "Declaration" (CDC_moratorium_affidavit.docx) which essentially state they earn under $99,000/year (or twice that for jointly filed returns) and that if evicted, their only option is homelessness or living in "closer quarters."
  • This "Declaration" is signed under the penalty of perjury, however, there is no further requirement for proof. Nor is there ability to rebut these declarations as a landlord.
  • The penalties for noncompliance with this order include up to $250,000 fine and one year in jail.
  • Full payment, including fees, penalties, or interest are still fully collectible once this moratorium is lifted.
  • This order does NOT prevent emergency evictions or evictions for lease violations, criminal activity, etc. It only prevents eviction for non-payment of rent.


Jeff Jinks, INstateREIA Attorney, on the CDC Moratorium

(click picture to view video)


CDC Eviction Moratorium Documents to Review

What tenants have to sign (without needing to provide any proof): CDC_moratorium_affidavit.docx

Full CDC ruling: Rules of Federal Moratorium.pdf

Message from Steve Eslinger, attorney and landlord: Part 15 - federal moratorium- sent Sept2.pdf and Part 15(b) - federal moratorium update.pdf.


We need to fight for the future of our businesses and for our tenants. 

91% of rental income collected goes towards the costs of maintaining the property (mortgages, taxes, insurance, upkeep) and ensuring that safe and quality housing is available to tenants at a fair market value. 

If housing providers cannot collect rent, how can we expect them to continue provide safe and quality housing to the 73% of renters that live in the state of Indiana?

Take Action! Donate Now!

As Jeff mentioned in the video above, INstateREIA has an undefeated track record when it comes to promoting fair housing legislation. 

INstateREIA is in the process of filing a class action lawsuit that will represent ALL Indiana housing providers to ensure that our voices are heard.

But we need your support to make that happen, so please DONATE!

  

**All donations 501c6 deductible as a business expense


Take Action! Make Your Voice Be Heard!

Let Washington know that it's NOT OK to have your constitutional rights as a private business own violated. Click here to send an email to Washington. 

  • This takes you to VOTER VOICE (facilitated by National REIA) where you can scroll down to the already created form to contact the White House and your Legislators.

MAKE SURE YOUR VOICE IS HEARD!

Update 8/12/2020

Moratorium ends 8/14/2020.    The mediation idea that you may hear about on the news is included in the Governor’s task force report.   Only one county will have a formal mediation program paid for by grants.   Generally, courts are to encourage parties to communicate and work out payment plans IF POSSIBLE.  Neither party can be forced to accept a mediation result.

Courtesy of Jeff Jinks, Jeffery Jinks Law.

Jeff Jinks, INstateREIA Attorney, does interview with WISH TV reporter, David Williams discussing the LAWSUIT to stop the ANTI-EVICTION BAN.  Catch it at https://youtu.be/rCunFz5fEgc


Update 8/1/2020
Indiana Rental Assistance Portal Information. 

The Rental Assistance Portal is designed to help Indiana renters living outside of Marion County whose income has been adversely affected by COVID-19 avoid eviction by connecting them with programs that can help them cover monthly rent payments or past due rent.

Please note: If you live in Marion County (Indianapolis) please visit: www.indyrent.org.

Click here to access the Rental Assistance Portal and to begin your application.

The questions that will be asked on the initial application can be found here: English | Spanish
A list of Frequently Asked Questions (FAQs) can be found here: English | Spanish
Additional information for renters can be found here: English | Spanish
Additional information for landlords can be found here: English | Spanish

Individuals that are unable to complete the application online should call toll-free 1-844-463-7368.
This phone number is available Monday – Friday from 8:00 am – 5:00 pm Eastern.

 

Update 8/1/2020
The INstateREIA lawsuit to stop the eviction moratorium has been filed.
We will see what impact this has on the moratorium continuing past August 1.

A big shout out to Jeff Jinks Law and all involved in filing this suit for the Indiana Housing Providers.

Here are some of the filing points:

 Earlier this week they filed suit in Federal Court on behalf of 3 plaintiffs seeking to end the eviction ban on several grounds under the State and Federal Constitutions.

The suit alleges the Governor’s actions are illegal for the following reasons:

1. Separation of Powers under Article 1, Section 26 and Article 3 of the Indiana Constitution;
2. Right of Access to the Courts under the 1st and 14th Amendments to the US Constitution; 
3. Right of Access to the Courts under Article 1, Section 12 of the Indiana Constitution;
4. Taking of property under the 5th and 14th Amendment and 42 USC 1983;
5. Taking of property under the Indiana Constitution, Article 1, Section 21;
6. Due Process rights under the 14th Amendment of the US Constitution and 42 USC 1983;
7. Contracts Clause of the Article 1, Section 10 of the US Constitution; 

The clients seek Declaratory Judgment finding the Executive Order null and void; Set aside the Order pertaining to the Eviction Ban; Enjoin the Governor from implementing and enforcing the Eviction Ban; Award damages and attorney fees to the plaintiffs.

 I would note that Housing Providers around the state attempted to resolve this issue without litigation in 3 ways; First by personal contacts with the Governor’s office.  Second, by written Petition with 67 signatures.   Third, by seeking assistance of our State Representatives and Senators.   The governor’s official reply through our Representative was:

The language in the most recent executive order (section 1C) prohibits residential evictions for nonpayment through August 1st. Further, the language only allows for emergency evictions under limited circumstances set forth in Indiana Code 32-31-6. Outside of these two areas I would encourage your constituent to consult with legal counsel for any further advice.

They also note that the Governor’s Order expires every 30 days simply because the statute he is referencing only lasts for 30 days and has to be renewed each month.


40% OF TENANTS NATIONWIDE ARE NOT PAYING THEIR RENT AND ITS ONLY JUST BEGUN....


Did you ever think our Governor would ban evictions?  Not only for one month, but for many months.  We fear with Boston now banning evictions until 2021 and now 40% of tenants nationwide not paying rent that our local Indiana investors will start hurting sooner rather than later.  We have a MATCHING DONOR and just need to raise $2,500 more to meet our goal of $15,000 needed for the retainer to start the lawsuit on this unconstitutional eviction ban.  

It's amazing how many people this ban is affecting in addition to the landlords...  contractors, plumbers, heating and a/c companies, painters, lawn companies, fence companies, window companies, flooring companies, realtors, property managers, insurance companies, trash and debris hauling companies, and tons more.  This isn't just an issue of landlords not paying their mortgages; but when they can't the trickle down will be tremendous.

Sadly, we believe the eviction ban moratorium will be extended here in Indiana with hard and wide reaching consequences to you as an investor.  You might not be feeling any pain yet, but you will.  Let's stand together and ahead of any further unconstitutional bans from our Governor.  Please donate today to PROTECT YOUR RIGHTS as an investor doing business the right way! 

 MOM AND POPS OWN MOST SFH RENTALS, NOT BIG CORPORATIONS.  PEOPLE ARE LOSING THEIR JOBS AND PROPERTIES DUE TO UNPAID RENT.  ****For more information check out this story at www.forbes.com  


 

Update 7/25/2020
40% OF TENANTS NATIONWIDE ARE NOT PAYING THEIR RENT AND ITS ONLY JUST BEGUN....
Did you ever think our Governor would ban evictions?  Not only for one month, but for many months.  We fear with Boston now banning evictions until 2021 and now 40% of tenants nationwide not paying rent that our local Indiana investors will start hurting sooner rather than later.  We have a MATCHING DONOR and just need to raise $2,500 more to meet our goal of $15,000 needed for the retainer to start the lawsuit on this unconstitutional eviction ban.  

It's amazing how many people this ban is affecting in addition to the landlords...  contractors, plumbers, heating and a/c companies, painters, lawn companies, fence companies, window companies, flooring companies, realtors, property managers, insurance companies, trash and debris hauling companies, and tons more.  This isn't just an issue of landlords not paying their mortgages; but when they can't the trickle down will be tremendous.

Sadly, we believe the eviction ban moratorium will be extended here in Indiana with hard and wide reaching consequences to you as an investor.  You might not be feeling any pain yet, but you will.  Let's stand together and ahead of any further unconstitutional bans from our Governor.  Please donate today to PROTECT YOUR RIGHTS as an investor doing business the right way! 

 MOM AND POPS OWN MOST SFH RENTALS, NOT BIG CORPORATIONS.  PEOPLE ARE LOSING THEIR JOBS AND PROPERTIES DUE TO UNPAID RENT.  ****For more information check out this story at www.forbes.com  v


Update 7/23/2020
From LA to NYC, landlords are suing to resume evictions

Effective July 1, 2020, all Marion County landlords must be following the Indianapolis Tenant Protection Initiatives passed by Indianapolis.

INDIANAPOLIS "NOTICE OF TENANT RIGHTS AND RESPONSIBILITIES"

This is a one-page document with an additional page designated for acknowledgments and signatures.   CLICK HERE TO DOWNLOAD.  YOU MUST USE THIS DOCUMENT.

This form is required to be given to every new tenant, extension and to all new leases signed after 7/1/2020.  It describes a Tenants "rights" within the state of Indiana, documenting the different statutes already in law and readily accessible by both Tenants and Landlords.    

The document also lists out the various "responsibilities" a Tenant has to his or her Landlord as well including paying rent.

For questions:  Call the Office of Public Health and Safety at 317.327.4291 or email OPHS@indy.gov

-------------------------------------------------------------------------

For the most up to date COVID, Stimulus and Public Health information, check out our Covid, Public Saftey & Legislation page under the resources tab.

Fort Worth rental company sues to overturn nationwide eviction moratorium amid COVID 

Indiana announces rental assistance program up to $500 per month

State rent assistance announced for tenants affected by COVID-19

INDIANA STATE UTILITIES INFORMATION DURING COVID:  https://www.indy.gov/activity/covid-19-utilities-support

NOTE - Indiana Supreme Court Issues New Order 5/29/2020 that sets January 1, 2021 as new expiration date on the following:  

a. regarding attachment and garnishment of CARES Act stimulus funds;

b. Case No. 20S-MS-236, regarding remote administration of oaths for depositions and other legal testimony;

c. Case No. 20S-MS-237, regarding modified procedures for witnessing wills; and

d. Case No. 20S-MS-258 and this case, expanding use of remote proceedings;

shall expire at 12:01 a.m. on January 1, 2021.

The "tolling" of procedural deadlines continues through August 15, 2020.

The Order is silent on issues of foreclosure and eviction. 

Courtesy of Jeff Jinks, www.JefferyJinksLaw.com.

See 20S-CB-123.   FOR COPY OF ORDER, go to TABS above and click on the RESOURCES TAB (far right).  Click on COVID drop down.


Update 7/2/2020
Utility disconnections halt extended
Commission lengthens moratorium by six weeks

State utility regulators on Monday extended the moratorium on utility disconnections until Aug. 14, two weeks later than utility companies proposed, but months earlier than consumer advocacy groups called for. The Indiana Utility Regulatory Commission also rejected utility companies’ controversial request for permission to recover lost revenue resulting from the COVID-19 pandemic.

If granted, the request would have opened the door for companies to shift the losses in revenue to customers down the line in ways that could have included rate increases.

The decision ends the first phase of an investigation into how Indiana’s utility companies and customers have been impacted by the financial fallout of the coronavirus pandemic. The start date of the second phase, during which individual utility companies can submit specific proposals, is still uncertain.

Although some consumer advocates wanted the moratorium and other consumer protections to last longer, they say the commission’s decision could be considered an overall win for ratepayers, and may leave an opportunity for an extension later in the year.

IndyStar reporter London Gibson at 317-419-1912 or lbgibson@gannett.com.
Follow her on Twitter @londongibson


Update 6/30/2020

Fort Worth rental company sues to overturn nationwide eviction moratorium amid COVID 

Indiana announces rental assistance program up to $500 per month

State rent assistance announced for tenants affected by COVID-19

Update 6/10/2020

INDIANA STATE UTILITIES INFORMATION DURING COVID:  https://www.indy.gov/activity/covid-19-utilities-support

5/29/2020

NOTE - Indiana Supreme Court Issues New Order 5/29/2020 that sets January 1, 2021 as new expiration date on the following:  

a. regarding attachment and garnishment of CARES Act stimulus funds;

b. Case No. 20S-MS-236, regarding remote administration of oaths for depositions and other legal testimony;

c. Case No. 20S-MS-237, regarding modified procedures for witnessing wills; and

d. Case No. 20S-MS-258 and this case, expanding use of remote proceedings;

shall expire at 12:01 a.m. on January 1, 2021.

The "tolling" of procedural deadlines continues through August 15, 2020.

The Order is silent on issues of foreclosure and eviction. 

Courtesy of Jeff Jinks, Attorney, www.JefferyJinksLaw.com.

In the Indiana Supreme Court

In the Matter of Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19).

Supreme Court Case No. 20S-CB-123

Order Extending Trial Courts’ Emergency Tolling Authority and Setting Expiration of Other Emergency Orders

As a result of the public health emergency relating to the 2019 novel coronavirus (COVID- 19), this Court on March 16, 2020 ordered trial courts statewide to implement appropriate continuity-of-operations plans for providing essential judicial services consistent with public health, and to submit those plans for this Court’s approval. This Court also issued orders that, among other things, temporarily authorized remote administration of oaths for depositions and other legal testimony, modified procedures for witnessing wills, expanded use of remote proceedings where Constitutionally permissible, and limited attachment and garnishment of stimulus payments received under the CARES Act. Most recently, this Court directed trial courts to develop plans for transitioning towards expanded operations while continuing to protect public health, and to submit those plans for this Court’s approval.

The Court finds that although Indiana trial courts are beginning to expand operations as public-health conditions permit, the courts will face a backlog of cases. Prioritizing those cases will require trial courts to have continued authority to toll some cases while advancing others for hearing or trial.

Being duly advised, the Court ORDERS as follows, notwithstanding any contrary provision of any previous order granting local or statewide relief under Indiana Administrative Rule 17:

1.      The Court authorizes the tolling, through August 14, 2020, of all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings; public health and mental health matters; all judgments, support, and other orders; and in all other civil and criminal matters before Indiana trial courts. Further, no interest shall be due or charged during this tolled period.

2.      For purposes of

a.       Indiana Criminal Rule 4(A) and 4(C), and

b.      early-trial demands filed under Indiana Criminal Rule 4(B) before April 3, 2020, the tolled period shall be calculated from April 3, 2020 through August 14, 2020 and shall be further subject to congestion of the court calendar or locally existing emergency conditions for good cause shown.

3.      For purposes of Indiana Criminal Rule 4(B) early-trial motions filed after April 2, 2020 and before August 15, 2020, the motion shall be deemed to have been made on August 14, 2020 and shall be further subject to congestion of the court calendar or locally existing emergency conditions for good cause shown.

4.      Unless further extended by order of this Court, the prohibition on issuing or serving writs of attachment, civil bench warrants, or body attachments pursuant to Trial Rule 64 shall expire at 12:01 a.m. on August 15, 2020.

5.      Unless further extended by order of this Court, the orders issued in:

a.       this case, regarding attachment and garnishment of CARES Act stimulus funds;

b.      Case No. 20S-MS-236, regarding remote administration of oaths for depositions and other legal testimony;

c.       Case No. 20S-MS-237, regarding modified procedures for witnessing wills; andd.      Case No. 20S-MS-258 and this case, expanding use of remote proceedings; shall expire at 12:01 a.m. on January 1, 2021.


Done at Indianapolis, Indiana, on5/29/2020 , on behalf of the Indiana Supreme Court.

Loretta H. Rush Chief Justice of Indiana



5/20/2020  WEDNESDAY WINS WITH Brian Snider, Amie Lieurance, Deal Machine

https://www.youtube.com/watch?v=U7l_79i3RGw


5/18/2020

Investors Need to Know the NEW Laws.   Check out this 2020 Summary of New Laws book available as courtesy of Indiana Senator Victoria Spartz:

https://www.IndianaSenateRepublicans.com/spartz and click on PUBLICATIONS.

Knowing the latest laws is the first step in understanding your rights and duties.

Courtesy of Jeff Jinks.  www.JeffJinksLaw.com.


5/13/2020   MARION COUNTY MAKES PLANS TO RE-OPEN

INDY STAR:  Indianapolis Mayor Joe Hogsett on Wednesday announced the next steps for Marion County's reopening amid the coronavirus pandemic.

Marion County will implement on Friday portions of Phase 2 as outlined in the state's reopening plan. Restrictions on public gatherings, including religious services will increase from 10 to 25 people. Nonessential retail outlets can open at 50% capacity.

You can stream the mayor's press conference live here.

Starting Friday, May 22, in-person dining will permitted with outdoor seating with social-distancing measures. Indoor dining will continue to be restricted.  Nonessential industrial and manufacturing businesses must remain closed, as well as personal services such as hair and nail salons.

Hogsett said he knows the delays "will be frustrating to some,” saying the county's move is to reduce likelihood that COVID-19 returns in the future.

Marion County's local stay-at-home order expires Friday. Most other Indiana counties began to ease restrictions on Monday.  Hogsett said the county is not releasing target dates for when it will enter future phases of Indiana's reopening plan. But he urged businesses to familiarize themselves with state’s Back on Track plan.

“Make sure you are preparing for the phase in which your business can reopen,” he said.

Hogsett and Marion County Public Health Department Director Dr. Virginia Caine are discussing "the timing and specifics of the next phase of reopening as well as upcoming measures by the city of Indianapolis to assist local businesses and further control the spread of COVID-19," Hogsett's spokeswoman Taylor Schaffer said in a news release.


5/12/2020  INDIANA RESTAURANTS RE-OPENING

https://www.indystar.com/story/news/health/2020/05/11/dine-in-restaurants-indiana-open-now/3108041001/


5/6/2020 WEDNESDAY WINS with Amie Lieurance, Brian Snider and Vickie Perry

https://us02web.zoom.us/j/4260874994


5/6/2020 PPE Equipment required during Re-Opening

How small businesses can secure required PPE -  The Indiana Economic Development Corporation’s marketplace for small businesses in need of personal protection equipment, or PPE, will launch Wednesday.  Luke Bosso, chief of staff for IEDC, said over 9 million pieces of PPE have been acquired. Nearly 4 million pieces have already been delivered to front line workers this week.

Now that supply chain is opening up to small businesses, with 500,000 pieces to go out later this week.  Here’s what small businesses need to know about the marketplace:

Who can use the marketplace?  Small businesses and nonprofits registered in Indiana that employ 150 or less and are required to use PPE as a condition of reopening qualify for the marketplace.

Who is required to use PPE?  Per the state’s reopening guidelines, workers in restaurant, personal services, retail and office environments will be required to use PPE. Restaurant workers, for example, will be required to wear face masks.

How much does it cost?  PPE through the marketplace is currently free, but Bosso said that could change.

What kind of PPE is available?  Bosso said masks, face shields and hand sanitizer will be available in bundles.

How do businesses request PPE?  Beginning Wednesday, businesses can visit backontrack.in.gov where they will be directed to the PPE marketplace.  “All requests will be evaluated and fulfilled based on work environment risk profile, stock availability, and the number of outstanding requests,” ac- cording to an earlier IEDC news release. “At times, partial or delayed fulfillment of requests may occur.”

Where does the PPE come from?  Bosso said the marketplace includes PPE manufactured and sourced in Indiana by companies like Cardinal Spirits distillery in Bloomington and Worldcell Extrusions in Elkhart County. More manufacturers are listed on the IEDC website.

What if the marketplace runs out?  Bosso said the marketplace will continue to be replenished, but he stressed that it should be used as a secondary source of PPE. Businesses should attempt to secure PPE from other sources before turning to the marketplace.  If a business can’t get PPE from another source and it misses out on initial disbursements, Bosso said, IEDC will work with that business to get in on the next round of supplies. He also encouraged businesses to work together to secure PPE.


5/01/2020

Indiana Gov. Eric Holcomb said he will ease social distancing restrictions in all but three counties starting Monday.

In a new executive order released today that goes into effect Monday and lasts through May 23, retailers—including malls—will be allowed to open at 50% capacity; manufacturers not currently operating will be permitted to do so; offices can have employees return but are encouraged to continue remote work when possible; public libraries can open; and the essential travel restrictions will be lifted.

Common areas in malls will be restricted to 25% capacity to avoid large gatherings of people.

Social gatherings of up to 25 people will also be allowed—up from the previous 10-person limitation.

Holcomb’s current stay-at-home order, which allowed elective medical procedures to resume but maintained all of the other restrictions, is set to expire at midnight. The directives from that order will remain in effect until the new guidelines are in place on Monday.

All of the new guidelines are part of “Stage 2” of Holcomb’s five-part plan to completely reopen the state by July 4.

But Holcomb’s guidance allows local municipalities to have stricter policies in place, so the new measures will not apply to Marion County, which is under a stay-home-order issued by Indianapolis Mayor Joe Hogsett until May 15.

The executive order says Marion and Lake counties will not move to Stage 2 until May 11. Cass County, where an outbreak at the Tyson plant has caused a spike in COVID-19 cases, will not be in Stage 2 until May 18.

Stage 2 also encourages, but does not require, all Hoosiers to wear face masks in public and urges those who are 65 and older or have underlying health conditions to remain at home whenever possible.

Employees in some industries, such as personal care services and restaurants, will be required to wear masks, though.

The one change that will apply statewide affects churches and religious places of worship, which are allowed to resume in-person services on May 8. The 25-person social gathering restriction will not apply to those places, but the administration is suggesting social distancing and health safety practices, like hand-washing and using hand sanitizer, be practiced.

After a county has been in Stage 2 for one week, starting May 11 for most of the state, personal services businesses such as hair salons and barber shops can open by appointment only, and restaurants and bars serving food can open at 50% capacity.

Bars and nightclubs, however, are expected to remain closed until June 14, when Stage 4 begins.

Visits to nursing homes will continue to be prohibited during this stage.

Gyms and fitness centers, casinos, sports venues, museums, zoos, movie theaters, parks and community swimming pools will also remain closed.

The administration plans to keep its Enforcement Response Team in place to investigate complaints of businesses not complying. As of Thursday, state officials had investigated 1,264 complaints and issued 115 verbal warnings.

Holcomb’s administration considered four main criteria before drafting the executive order—the number of hospitalized COVID-19 patients statewide (which has been trending downward); the number of intensive care unit hospital beds and ventilators available; the state’s ability to test individuals with symptoms and essential workers; and having a contract tracing plan in place.

Earlier this week, the state announced a partnership with OptumServe to open 50 new testing sites by mid-May, and the state is working with Virginia-based Maximus Inc. to open a 500-person call center to conduct contract tracing.

Assuming the state continues to have enough ICU beds and ventilators available and testing and contract tracing goes well, Stage 3 would begin May 24 and could apply statewide.

In that phase, gyms and fitness centers and playgrounds could open, movie theaters could operate at 50% capacity, retail stores and malls could increase to 75% capacity and social gatherings of up to 100 people would be allowed.

Stage 4 would begin June 14 and could include allowing malls and retailers to have full capacity, increasing restaurant capacity to 75%, letting bars and nightclubs open with 50% capacity, opening zoos and museums at 50% capacity and allowing large venues to open.

At that point, social gatherings could increase to a maximum of 250 people.

Stage 5 would begin July 4 and would essentially lift all remaining restrictions, which would mean sporting events, conventions, festivals and fairs could all occur.

It’s uncertain when riverboat casinos and horse-track racing casinos could open. The administration is working with the Indiana Gaming Commission and Indiana Horse Racing Commission to determine those dates.

Holcomb will extend the public health emergency order that is set to expire May 4.

The state also was expected to reveal plans on Friday to open a marketplace to help facilitate personal protective equipment purchases for small businesses and not-for-profits with fewer than 150 employees.

IBJ/5/01/2020


4/292020 WEDNESDAY WINS GOOD NEWS from Cireia

https://www.youtube.com/watch?v=6Qm96SaDLRs&feature=em-uploademail


4/29/2020  Governor Holcomb announces testing centers in Indiana

https://calendar.in.gov/site/gov/event/gov-holcomb-announces-large-scale-covid-19-testing-for-hoosiers/?fbclid=IwAR27yWBT3YIR6Q0-2RXCG9K6DEp5TPJmUjAxH1ngEDIECjVxExcGtZFWvew

4/24/2020

https://www.in.gov/dwd/dua.htm

Click above link for self-employed individuals to apply for Pandemic Unemployment Assistance (PUA) I discussed in the Master's meeting last week.  

Sarah Holtrup, CPA  

P: (317) 828-1159  E: Sarah@ProfitableInsight.com  www.profitableinsight.com


4/23/2020 

To see a complete listing of COVID-19 Emergency Relief program awards look under the "IHCDA Delegated Authority" tab on our COVID-19 Resources webpage.

Courtesy of Jeffery Jinks Law.


4/22/2020 WEDNESDAY WINS WITH BRIAN SNIDER AND AMIE LIEURANCE

https://www.youtube.com/watch?v=t2k0A0SksRE


4/20/2020 INDIANAPOLIS SCHOOLS GOING TO AIR ON WISH-TV Channel 8 and WNDY-TV Channel 23

https://www.ibj.com/articles/local-station-to-broadcast-ips-lessons-daily?utm_source=breaking-news&utm_medium=newsletter&utm_campaign=2020-04-20

GOVERNOR EXTENDS STAY AT HOME:  https://www.indystar.com/story/news/health/2020/04/20/coronavirus-indiana-new-executive-order-eases-restrictions/5166791002/http://indianapolisstar.in.newsmemory.com/?publink=135fef38f


4/20/2020 INDIANA UNEMPLOYMENT UPDATE

https://fox59.com/news/unemployed-heres-how-you-can-connect-to-indiana-assistance-support-resources/

UNEMPLOYMENT CHANGES:  http://indianapolisstar.in.newsmemory.com/?publink=135fef38f


4/19/2020  INDIANA NEW RULES

http://indianapolisstar.in.newsmemory.com/?publink=1f1324855

https://www.indystar.com/story/news/health/2020/04/17/indiana-stay-home-order-extended-through-may-1/5155200002/?utm_source=indystar-News%20Alert&utm_medium=email&utm_campaign=news_alerts&utm_term=news_alert


4/17/2020 UPDATES ON FEDERAL MONEY AND INDIANA PREPARES TO RE-OPEN

FEDERAL PROGRAMS -- https://www.nbcnews.com/business/business-news/small-business-loan-program-just-hit-its-350-billion-cap-n1185406

INDIANA UNEMPLOYMENT -- http://indianapolisstar.in.newsmemory.com/?publink=0cb45998e

INDIANA PLANS TO RE-OPEN -- http://indianapolisstar.in.newsmemory.com/?publink=15eaacb0c

NATIONAL REIA WEBINAR ON WHAT'S HAPPENING FOR INVESTORS:  https://www.youtube.com/watch?v=rQoh3070Fs8&feature=youtu.be


4/16/2020 STIMULUS PAYMENT UPDATE

https://www.irs.gov/coronavirus/economic-impact-payments


4/15/2020  WEDNESDAY WINS GOOD NEWS VIDEO with Brian Snider, Amie Lieurance and Stacey Hill

https://www.youtube.com/watch?v=ZLF5C9M69Qw


4/13/2020 - 1031 EXCHANGE INFORMATION

The Treasury (IRS) issued extension guidance Thursday evening, April 9th, 2020, granting relief for 1031 Exchange deadlines that are already underway.

The extension granted applies to investors that have already sold and closed on the sale of their relinquished property and their 45-calendar day identification period or their 180-calendar day exchange period falls between April 1st, 2020 and July 15th, 2020. The 45-calendar day identification and the 180-calendar day exchange deadlines have been extended to July 15th, 2020.

Click the link below to read more!

http://www.exeter1031.com/news_irs_grants_extension_for_1031_Exchange_Deadlines_COVID_19.aspx
 

For questions, contact Lauren Speidel 

Office (630) 828-5200   |  Email lspeidel@exeterco.com  

www.exeterco.com  |  Webinars  |  White Board Videos 

 

4/10/2020 NATIONAL REIA COVID, IRS, SBA UPDATE VIDEO

https://www.youtube.com/watch?v=Fk183GEREfI&feature=youtu.be


4/10/2020

The IRS issued guidance Thursday evening to grant deadline relief for both 1031 like-kind exchanges and opportunity zone investments that are already underway.  Both of these programs are designed to promote economic growth in communities, and they should help protect investors due to the effects of COVID-19. 

1031 Like-kind exchanges.  If an investor has taken the first step of a like-kind exchange by selling the old property, and either the 45-day or the 180-day deadline falls between April 1 and July 15, the deadline has been extended to July 15. 

Opportunity Zones. If an investor who sold a capital asset planned to roll over the gain into an Opportunity Fund and the 180-day deadline to do so falls between April 1 and July 15, 2020, he or she can make the investment as late as July 15.

Also, sole proprietors who pay quarterly estimated taxes now have until July 15 to file their second quarter payment.  As a result of an earlier IRS notice, first quarter estimated tax payments had already been extended to July 15. This means that any individual or corporation that has a quarterly estimated tax payment due on or after April 1, 2020, and before July 15, 2020, can wait until July 15 to make that payment, without penalty. 

Sarah Holtrup, CPA  P: (317) 828-1159   E: Sarah@ProfitableInsight.com  www.profitableinsight.com


4/10/2020:  RENTERS UPDATE 

The National Multifamily Housing Council (NMHC) says that 69% of households paid their rent by April 5th.  This figure is 12 points less than the percentage that paid by March 5th and 13 points less than one year ago.  The  data comes from the NMHC’s Rent Payment Tracker which uses data from 13.4 million units across the country.


4/9/2020 EVICTIONS INFORMATION:

Property Managers and Landlords can still file evictions

1. Trial Rule 72 is NOT a new rule being adopted by the Supreme Court during this emergency.  It has always been in effect.   The courts are always open for business.   Housing Providers/Investors/Landlords should not be confused into thinking a “new” rule is in effect which is opening the courts.  This is the basic general premise that all courts are always open, and it has been in effect long before the Emergency.   The Emergency changes nothing as to TR 72.

2. The FEDERAL rules on evictions and foreclosures are narrowly tailored to meet certain types of housing with FEDERALLY backed loans.

3. The INDIANA Governor issued the “general rule” under TR 72 that the courts are open, accepting filings, and conducting hearings.   As a practical matter, all counties in Indiana have adopted an electronic filing system over the past 2 years.   That “E-Filing” system has been the dominant system long before the Emergency.   As such, the Courts remain “open” and all lawyers are filing documents in the normal course of business.   New cases are also being filed, and the Sheriff is serving Summons on Defendants.  All this is as before the Emergency.   

Now, AFTER the Emergency, some hearings and trials are being conducted in very limited ways due to balancing public health and safety during the emergency, with the need for a party to have their matter resolved.   Of particular importance are issues with child custody, support, visitation, matters involving domestic battery, and some criminal matters.   Many more routine hearings are being conducted remotely by judges through phone and video conferences.  Still others are simply being continued during the emergency.

4. The INDIANA Governor issued a “specific rule” regarding Evictions and Foreclosures DURING the Emergency.   NEW Evictions and Foreclosures are NOT to be filed even though the courts are “open.”   Further, Evictions and Foreclosures that are in place already are NOT proceeding to the phase where a Resident/Tenant is forcefully removed by the Sheriff.    However, despite these temporary orders, Residents/Tenants and mortgage/land contract debtors are obligated to pay their rent or mortgages.   Thus, additional money damages are accruing against Residents/Tenants/Debtors during this emergency.

Per Jeff Jinks, Attorney.   www.JeffJinksLaw.com

LINK FOR RULES:

in.gov/judiciary/files/covid19-2020-0325-foreclosure-eviction.pdf


4/8/2020 WEDNESDAY WINS with Brian Snider/Simple Wholesaling, Amie Lieurance/Nuparadox, Neil Perry/Indianapolis Home Inspections.  https://www.youtube.com/watch?v=0uutSHDRsn4


4/2/2020 STIMULUS PAYMENTS TO INDIVIDUALS:

From the IRS: "...distribution of economic impact payments will begin in the next three weeks and will be distributed automatically, with no action required for most people."  Read the official IRSl statement BELOW.

https://www.irs.gov/newsroom/economic-impact-payments-what-you-need-to-know


MARION COUNTY EXTENDS STAY AT HOME 4/1/2020:

https://fox59.com/news/coronavirus/marion-county-to-extend-stay-at-home-order-through-may-1-close-golf-courses-beginning-april-3/


INDIANA SUPREME COURT 4/1/2020:

Five Supreme Court Orders Adjust Court Operations

  • Order in case 20S-MS-236 suspends language that might prohibit notaries, court reporters, and others from administering oaths to witnesses by remote video. Open order >>
  • Order in case 20S-MS-237 identifies conditions under which wills and other estate-planning documents may be signed by witnesses and testators remotely. Open order >>
  • Order in case 20S-MS-238 provides direction on the impact of emergency orders on critical family law matters like child support, child custody, and parenting time. Open order >>
  • Order in case 20S-MS-239 relaxes the maximum number of allowed online hours for attorney and judicial officer education, which means more professional requirements can be met through distance education rather than in-person learning. Open order >>
  • Order in case 20S-MS-240 extends the deadline for filing an application to take the July 2020 bar exam. Open order >>

Courtesy of Jeff Jinks Law.


INDIANA STATE SITE:  https://coronavirus.in.gov/


COVID-19 SOURCE FOR CARES ACT 4/1/20 PER U.S. CHAMBER OF COMMERCE:

https://www.uschamber.com/sites/default/files/023595_comm_corona_virus_smallbiz_loan_final.pdf


COVID-19 --- WEDNESDAY WINS Video with Brian Snider and Amie Lieurance -- Some Good News from Indy.  Check our Cireia youtube channel every Wednesday.  If you have some good stories to share, email them to Brian, Amie, Rachel or Vickie.  Stay safe everyone.

https://www.youtube.com/watch?v=j6kgkFWUl10&feature=em-uploademail


COVID-19 UPDATE ON CARES ACT FROM SARAH HOLTRUP, CPA:

Sarah has put together an excellent power point presentation.  Click here:  https://vimeo.com/402536346


COVID-19 REMINDER FROM CIREIA EXECUTIVE DIRECTOR:

Video from Vickie Perry. Ph:  317-670-8491  Em:  ExecutiveDirector@cireia.club

Click here for video:  https://www.youtube.com/watch?v=CBj3etPWcpo&feature=em-uploademail


COVID-19, SBA AND CARES ACT UPDATE 3/30/2020:

As the Official Chapter for National REIA in the Greater Central Indiana region, we get alerts and updates about how the current situation, advice from HUD, regulations, and legislation affect us as real estate investors including SBA links.
 
If you are a rental property owner, rehabber, or any type of real estate investor, you will find benefit from this resource.
 
Here is the link to the advice and guidance that National REIA provides to us:
https://nationalreia.org/covid-19-updates

Don't forget - CIREIA will continue to host meetings, events and subgroups on-line during this containment.  You must pre-register so you can receive access links.


COVID-19 UPDATE 3/25/2020:

Per the IndyStar today.  CONTACT YOUR LENDERS to see what they can do to help you.

Landlord aid could reduce evictions

The Federal Housing Finance Agency announced Monday that Fannie Mae and Freddie Mac will offer property owners payment plans in an effort to stop landlords from evicting those unable to pay rent due to the impacts of the coronavirus outbreak.

This applies to properties with Fannie Mae- or Freddie Mac-backed multifamily mortgages. Property owners will be offered forbearance with the condition that they suspend evictions for the duration.

“Renters should not have to worry about being evicted from their home, and property owners should not have to worry about losing their building, due to the coronavirus,” FHFA Director Mark Calabria said in a written statement. “The multifamily forbearance and eviction suspension offered by the Enterprises should bring peace of mind to millions of families during this uncertain and difficult time.”


COVID-19 UPDATE 3/23/2020:

UPDATE PER JEFF JINKS, ATTORNEY FOR INstateREIA - 

1.       See this link to determine local court procedures during the current situation.   This site is established by the Indiana Supreme Court and is updated daily at 9:00 a.m. and 3:00 p.m.  Courts.in.gov/covid

2.     Here is the ACTUAL court order language governing procedures in Marion County Circuit and Superior Courts, Hamilton County, and the Marion County Small Claims courts. 

Essentially, all deadlines are being "tolled" or suspended until either April 6 in Marion County or May 4 in Hamilton County. All of this is subject to change. 

Here is the relevant portion of the Order for Marion County matters. The Hamilton County Order is identical, but for the dates. 

The Court authorizes the tolling, beginning March 16, 2020 and until April 6, 2020, of
all laws, rules, and procedures setting time limits for speedy trials in criminal and
juvenile proceedings, public health, and mental health matters; all judgments, support,
and other orders; and in all other civil and criminal matters before the courts of
Marion County. Further, no interest shall be due or charged during this tolled period.

3.      Legal Services and Courts considered Essential Services in the Governor's executive order today. The order includes Accounting, insurance, real estate. Per the ISBA:

Governor Eric J. Holcomb has deemed legal services as essential business operations, and thus exempt from the Stay at Home executive order he issued at noon today. The order takes effect at 11:59 p.m. March 24 and lasts through 11:59 p.m. April 6.

Other professional services exempt from the order include: accounting services, insurance services, and real estate services (including appraisal and title services).

In addition, the order exempts judges, court personnel, and certain other judicial branch stakeholders—along with Essential Government Functions as determined by each governmental body—from the limitations of the order.  

Our work is not done, however. We recognize that e-notary is a major concern for all Hoosiers, and especially our members. We continue coordinating with Governor Holcomb's Office and the Indiana Secretary of State's Office to accelerate that timeline.


COVID-19 INDIANA STATE EVICTIONS AND FORECLOSURES 3/20/2020:

https://www.theindianalawyer.com/articles/evictions-foreclosures-stalled-but-housing-worries-continue


COVID-19 UPDATE 3/20/2020:

In the midst of COVID-19,  no in-person meetings will be held for now.  CIREIA is still here providing you with classes, training and coaching by moving everything to virtual on-line access.

Please check the calendar of events on our website for details on each meeting, class or event. 

As the situation evolves, we will do our best to keep you informed.

FOR CURRENT COVID-19 information please click on this link to reach the National REIA website for national updates that have been verified by National's legal and legislative staff.   There is a button on their home page:  COVID-19.   Go to:  https://nationalreia.org/

IN THE MEANTIME - we have been advised to suggest to you that now is the time to increase your communication.

Make 3 calls immediately.

1) First to your lenders and bankers. We are advised that lenders may be extending grace periods, possible interest only payments and multiple other actions to help with your payments. BUT YOU WON'T KNOW what they are willing to do to help you unless you call them. Reach out today.

2) Second call - Call your tenants.  Find out how many of your residents are impacted by this event.   Work with them.  When you talk to your lenders in another month, lenders are going to ask for your numbers. What percentage are COVID-19 impacted?  Start collecting this information now.

3) Third call - Call your staff and contractors. What are their situations? Who can work? Figure out what repairs must be done due to health and safety issues. 

Remember, many buyers and sellers are still out there.  Many lenders are still lending.  Be simple.  Be kind.  We will get through this.

For beginners - now is a good time to work on your education and make your plans.  It's also a good time to book a telephone chat with our Executive Director.  Vickie flipped her first house in 1981.  To schedule a phone appointment, email her at ExecutiveDirector@cireia.club.

Thank you and best wishes to all.  CIREIA Club Board of Directors


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