Email from John Breidenbach @ ceo@ontariochamber.com

Hope everyone is doing well.

More than $130 billion is Paycheck Protection Program (PPP) funds is available, but the deadline for application approval is June 30, 2020.

Having trouble viewing this email? View it as a Web page. Pacific Northwest Region - June 8, 2020 5 Things You Should Know About the Paycheck Protection Program (PPP) 1. There is more than $130 billion in PPP funding still available ... and now, more flexibility too. PPP funds are still available for small businesses, independent contractors, nonprofits and tribal businesses whose operations were impacted by the Coronavirus outbreak. And with the enactment of the Paycheck Protection Program Flexibility Act, there is more flexibility, such as the extension of time to spend loan proceeds from eight weeks to 24 weeks and the expansion in the percentage of funds that can be used for non-payroll expenses. Read more in this joint statement from SBA Administrator Jovita Carranza and U.S. Treasury Secretary Steven T. Mnuchin. New PPP Flexibility    2. The last date on which a PPP loan application can be approved is June 30, 2020. While many extensions and flexibilities were enacted with recent legislation, one date still remains: the last day a PPP loan application can be approved is June 30, 2020. That means now is the time to apply for a PPP loan before time runs out. Find a PPP lender -- or even review PPP materials in 17 languages -- by visiting www.sba.gov/paycheckprotection. Find a PPP lender   3. SBA Resource Partners can help you with the PPP application or loan forgiveness process. Through webinars, virtual meetings and phone calls, business advisers from the SBA Resource Partner Network are helping small businesses navigate through the PPP process. Plus, they are working with businesses on their individual recovery plans. Connect with a SBA Resource Partner near you or one of the many other helpful resources from the Federal Resources for Small Business website. Connect with an adviser   4. We want to know how the PPP has helped your business.  We've been answering a lot of questions from businesses about the PPP process along the way. Now we want to hear the end result. Tell us your story of how the PPP has helped your business and your employees. Tell us your story   5. Report fraud to the SBA Office of Inspector General. While new programs are helping people through difficult times, unfortunately, it comes with new avenues for scams and fraud. If you suspect fraud on an SBA program or want to learn more about known scams and alerts, visit the SBA Office of Inspector General website. Report fraud, waste or abuse      For more information about PPP and other funding options for small businesses visit: SBA.gov/CoronavirusRelief   Subscribe to get email alerts: SBA.gov/updates SBA Pacific Northwest Regional Office Serving Washington, Oregon, Idaho and Alaska 2401 Fourth Avenue, Suite 400 Seattle, WA 98121 (206) 553-5231 ▪  region10@sba.gov www.sba.gov Subscriber Services Unsubscribe  |  Manage your account

 

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The website to review Oregon's Opening Plan and what assistance is available:

https://govstatus.egov.com/or-covid-19/

CHIEF JUSTICE ORDER No. 20-016 ORDER

IMPOSING “LEVEL 2” AND “LEVEL 3” RESTRICTIONS ON COURT OPERATIONS

https://www.courts.oregon.gov/rules/ORAP/CJO%2020-016_Order-Imposing-Level-2-and-Level-3-Restrictions-on-Court-Operations.pdf

May 19, 2020

The state has provided $8.5M in rent assistance to help struggling Oregonians impacted by COVID-19. That money was allocated to the following organizations:

ACCESS, Inc.
(541) 779-6691
$459,585

Lane County Human Services Commission (LCHHS)
(541) 682-3798
$929,025

Community Action (CAO)
(503) 648-6646
$764,957

Mid-Columbia Community Action Council (MCCAC)
(541) 298-5131
$140,357

Community Action Program of East Central Oregon (CAPECO)
(800) 752-1139
$186,271

Mid-Willamette Valley Community Action Agency (MWVCAA)
(503) 585-6232
$771,012

Community Action Team, Inc. (CAT)
(503) 397-3511
$299,610

Multnomah County Department of Human Services
(503) 988-7453
$1,639,002

Community Connection of Northeast Oregon (CCNO)
(541) 963-3186
$162,250.00

Neighborhood Impact (NIMPACT)
(541) 548-2380
$438,696

Clackamas County Social Services Department (CCSSD)
(503) 655-8640
$457,097

Oregon Human Development Corporation (OHDC)
(855) 215-6158
$455,813

Community in Action (CINA)
(541) 889-1060
$96,070

Oregon Coast Community Action (ORCCA)
(541) 435-7080
$233,165

Community Service Consortium (CSC)
(541) 752-1010
$583,383

United Community Action Network (UCAN)
(541) 672-5392
$489,779

Klamath/Lake Community Action Services (KLCAS)
(541) 882-3500
$196,738

Yamhill Community Action Partnership (YCAP)
(503) 472-0457
$197,192

The Interim Legislative Emergency Board just passed $8.5 million for rental assistance due to impact of Covid 19. It looks like $12 million at first blush, but $3.5 of that went for safe shelter alternatives.

Staff summary:

Item 1: Housing and Community Services Department
Safe Shelter and Rental Assistance

Analyst: Michelle Deister

Request: Allocate a total of $12,000,000 from the Emergency Fund to the Housing and Community Services Department for rental assistance and safe shelter alternatives for Oregonians who have been impacted by income loss (unemployment or underemployment) due to COVID-19, or who are especially vulnerable to infection or health problems associated with virus because of inadequate shelter or housing.

Description: The Housing and Community Services Department (HCSD) will direct up to $3,500,000 of allocated funding for safe shelter alternatives, which can include hotel and motel vouchers for vulnerable populations including the homeless and farmworkers, whose living situations and underlying health conditions make them particularly susceptible to severe consequences from exposure to COVID-19. These funds are intended to be directly awarded by HCSD to organizations identified or informed by regional Continuums of Care. In the event that funds could not be subscribed and utilized within six months from the time of award by HCSD in the region in which they were allocated, the funds are to be redirected to rental assistance payments by the receiving entities.

At least $8,500,000 is to be disbursed by HCSD to Community Action Agencies utilizing the Master Grant Agreement, for the purpose providing rental assistance payments to landlords on behalf of those impacted by income loss due to COVID-19. HCSD will target this rental assistance to COVID impacted low income people at 50% or less of area median income.

These amounts are intended to be used for direct assistance payments to Oregonians; expenditures by disbursing organizations such as outreach, data collection, supportive in-home services or organizational capacity building are not deemed allowable uses of the funds. These funds are intended to be one-time in nature.

Recommendation: The Co-Chairs of the Emergency Board recommend approval of an allocation of $12,000,000 from the Emergency Fund to the Housing and Community Services Department for safe shelter alternatives and rental assistance payments to COVID-19 impacted Oregonians.

CORONAVIRUS: Malheur County Reopening Plan

April 28, 2020

Malheur County officials outline steps they would take to ensure COVID-19 doesn't spread as life returns to normal and what they would do if they detect an increase in people sick with the virus.

Prepared based on Governor Kate Brown’s Reopening Oregon: A Public Health Framework for Restarting Public Life and Business Purpose The purpose of this plan is to provide guidance to those involved in the process of reopening public life and business in Malheur County during the SARS-CoV-2 (the novel coronavirus known as COVID-19) pandemic and to give needed information for the implementation of individual local plans. Due to the dynamic situation, these guidelines will be handled as an adaptive management plan or living document. This means that as information is made available or changes, or that state orders or standards are issued, this information will be discussed, addressed, and then reflected in this plan promptly. 

See the entire online document at: 

 https://www.documentcloud.org/documents/6879850-4-28-20-Malheur-County-Reopening-Plan.html?fbclid=IwAR35c3SNRjS2TyqTOv5MR4IHzoVpZvUUWqMTOottovahKk_wr1t03wKBRuw#document/p1

Download the entire PDF document at: 

4-28-20-Malheur-County-Reopening-Plan.pdf

Oregon Lawmakers Pass $32 Million Relief Package For Renters, Businesses And Workers by Dirk VanderHart Follow OPB April 23, 2020 3:20 p.m. Updated: April 24, 2020 8:25 a.m.   Oregon lawmakers approved more than $32 million in state spending Thursday, passing an emergency aid package meant to help renters, small businesses, domestic violence survivors, and workers that have been disadvantaged by the novel coronavirus. At the same time, the Legislative Assembly’s joint Emergency Board gave Gov. Kate Brown the authority to spend up to $300 million in federal aid the state has received. That money had no specific destination, though it must be used under federal guidelines to address the coronavirus. Taken together, the money amounts to the strongest action that Oregon lawmakers have taken since the pandemic fundamentally shifted American life. And it came in an unprecedented hearing: Citing safety concerns, the Emergency Board’s 20 members all attended remotely, either by phone or video conference. “I’ve never been a part or seen anything like this before,” said Senate President Peter Courtney, D-Salem, who co-chairs the committee alongside House Speaker Tina Kotek, and whose dog could occasionally be heard over the proceedings. “I hope that each of you feels honored to be a part of this emergency board and part of Oregon’s history.” The emergency board has the authority to spend money when lawmakers are out of session but is limited to a special emergency fund. At the outset of Thursday’s meeting, the fund contained $50.65 million, from which lawmakers spent the following: $12 million for rent assistance and motel vouchers for disadvantaged communities. Most of the money, $8.5 million, will go directly to landlords on behalf of renters making at most 50 percent of area median income. The remaining money is intended to pay for hotel or motel rooms for specific groups, such as farm workers or people without stable housing. $5 million in financial assistance to businesses with a maximum of 25 employees. This money will be matched with another $5 million from the Oregon Business Development Department, creating a $10 million fund that will offer assistance to small businesses that haven’t been able to access federal aid such as the fast-depleted Paycheck Protection Program. $2 million for survivors of domestic and sexual violence. The money will be delivered via grants to dozens of organizations around the state and will focus on housing. $10 million to create a wage replacement fund for newly unemployed workers who are unable to access routine unemployment payments for reasons such as their immigration status. This funding, a focus of community groups in recent weeks, proved the most contentious proposal for state dollars. $3.35 million to help workers in long-term care facilities pay for coronavirus testing and offer caregivers training in infectious disease prevention. $119,778 to pay for a new human resources employee in the Bureau of Labor and Industries, which is understaffed even as it’s seeing high demand during the pandemic. The lawmakers on the Emergency Board — 13 Democrats and seven Republicans — largely agreed on most items, though some raised concerns that the haste to address the emergency could lead to money skipping over areas that are farther away from Salem. “I am deeply concerned that it’s not going to help all of Oregon the same,” Rep. David Gomberg, D-Otis, said of the small business assistance package. The fund is slated to be distributed via a network of community development financial institutions in the state, many of which are along Interstate 5. “I think it would be naive to suggest proximity doesn’t matter,” Gomberg said. Rep. Greg Smith, R-Heppner, voiced similar concerns, but ultimately supported the package. “I know the intent of this legislation, and if we can help a handful of businesses stay afloat that’s good,” he said. The debate was more fraught on the $10 million package to assist workers who don’t qualify for unemployment insurance. That so-called Oregon Worker Relief Fund would rely on community agencies to reach out to workers in need, offering up to $590 a week. But the novel tool will require an entirely new administrative structure, officials say. Because of that, up to $1 million of the money lawmakers allocated can be spent on administrative costs, though at least some of that is expected to be defrayed by community fundraising. Those costs, along with the untested nature of the program, gave some lawmakers heartburn. The measure still passed 15-5. Even more controversial was a spending proposal that was ultimately put on ice because of concerns. Legislators took up a proposal to create a $50 million fund to offer zero-interest loans to rural hospitals, who have taken an enormous financial hit during the pandemic. The money would come from the federal government, not the state, but lawmakers from both parties railed against the plan. Hospitals should not have to pay back the money they received, they said. “We would look so incredibly foolish if we allowed hospitals to go bankrupt during a global pandemic,” said Sen. Betsy Johnson, D-Scappoose. “The way this is constructed right now, I’m not sure I can support it.” Rep. Rob Nosse, D-Portland, said that cash-strapped hospitals might not be interested in a loan program, as opposed to a grant that would not have to be repaid.“I worry that there’s not going to be any hospital that takes advantage of this,” said Nosse. “That we will have $50 million in federal money just sitting there not getting used.” After a recess, Kotek and Courtney suggested delaying the proposal for a later date, suggesting it will re-emerge at some point in a retooled form. The motion passed unanimously. The largest amount of money considered in the session was $300 million in federal lawmakers gave the governor’s office to use as it sees fit, through the state’s Department of Administrative Services. That could help defray costs such as tens of millions spent on purchasing personal protective equipment for the state, Kotek said. Oregon expects to receive roughly $1.6 billion from the Coronavirus Relief Fund approved by Congress, though it’s likely that between $200 and $300 million of that will go to local governments, according to budget officials. The state’s top budget officer, Ken Rocco, told lawmakers Thursday that the state has received its first infusion of the money — $871 million. But Oregon and other states are still awaiting clarity on how the money can be spent. “There’s been a great amount of uncertainty,” Rocco said. Lawmakers expect to give state agencies the authority to spend far more money to address the COVID-19 pandemic in the future. Beyond the relief package, the emergency board released previously approved money for battling wildfires, public defense services, and paying raises to some non-state healthcare employees.

SLICING THROUGH THE GORDIAN KNOT OF EVICTIONS IN THE COVID-19 CRISIS

By: Brian Cox, Attorney at Law
April 15, 2020

As the effects of the COVID-19 pandemic continue to unfold in Oregon, residential and commercial landlords seeking to regain possession of their rental properties are currently faced with a myriad of restrictions from several vectors, radically changing their ‘pre-pandemic’ way of doing things.

Rationale: There are two primary reasons driving these actions: limiting the spread of the coronavirus by limiting evictions or otherwise ‘de-housing’ people in order to avoid greater COVID-19 exposure; and, the pragmatic recognition that the current extraordinary health needs leading to the closure of restaurants, schools, and all ‘non-essential’ businesses will cause a wide swath of our population to lose their jobs and businesses in order for everyone to ‘shelter in place’ and care for homebound family members, leaving many Oregonians unable to pay their rent through no fault of their own.

Executive Orders: Under Governor Brown’s current Executive Orders, landlords may not issue termination notices or file, prosecute, or execute ‘economic evictions’ for non-payment of rent, utilities, service charges, late fees, or other charges, without regard to whether the non-payment is the result of the COVID-19 epidemic. The Executive Orders also suspend the imposition of late fees and prohibit law enforcement from serving or enforcing evictions of any kind. Landlords are also prohibited from issuing ‘no-cause’ or ‘landlord-cause’ termination notices or evictions: the former happens during the first year of tenancy or with owner occupied two-unit lots (typically duplexes or ‘mother-in-law’ units); the latter occur when a landlord wants to move in or move a family member into the rental, a buyer wants to live in the rental, the rental needs major renovation work, or the rental is being converted to ‘non-rental’ purposes. Unable to remove their tenants, rental property sellers are unable to deliver possession of the property for an indeterminate amount of time, causing many real estate transactions to fail.

Chief Justice Orders: Under Chief Justice Walters’ current orders, all stages of eviction proceedings are automatically postponed until after May 31st, with the caveat that evictions involving domestic violence, most situations giving rise to a 24-hour termination notice, and similar ‘high need’ eviction cases may proceed by seeking leave of court, following a process to be developed by each court (though trying to set and advance these cases may be difficult and/or follow uncertain timelines). Residential and commercial evictions may still be filed – though evictions for non-payment or ‘no cause’ or ‘landlord-cause’ evictions are prohibited (violation is now a Class “C” Misdemeanor), and such ‘non-compliant’ evictions may be accepted or rejected at filing, depending on local court practice. When an eviction is filed, the first appearance setting and service of summons and complaint will all occur according to statute, only the FED summons and complaint will be accompanied by a multi-language notice advising the parties the first appearance date is automatically postponed to a later date and will be followed by a future court notice informing them of the new hearing date (notice below. Evictions that do proceed or that later proceed are expected to utilize the court’s newly-developed rules for court appearances, including efiling documents and exhibits and remote appearances by parties, witnesses and lawyers where possible.

Federal Action: While federal law does not directly prohibit all evictions, portions of the CARES Act require all landlords with federally-backed mortgages, including those covered by HUD, USDA, FHA, VA, Fannie Mae and Freddie Mac, to forgo evicting their tenants by placing a 60-day moratorium (beginning March 18th), and providing those landlords with various forms of relief, including a 180-day loan forbearance (which can be extended another 180 days at the borrower’s request). The Act allows multifamily housing owners with a federally-backed mortgage to request a forbearance for up to 30 days (which can be extended another 60 days at the borrower’s request), on the condition that they agree not to evict tenants or charge late fees. The Act also institutes a moratorium on filings for evictions for renters in homes covered by a federally-backed mortgage for 120 days of enactment. The Act provides a temporary moratorium on evictions for most residents of federally subsidized apartments, including those supported by HUD, USDA or Treasury (Low Income Housing Tax Credit developments).

Local Ordinance: Multnomah County, Portland, Clackamas County, Gresham and Hillsboro have each imposed their own form of moratorium on evictions, and residential and commercial property owners would be wise to seek current information specific to their jurisdiction before proceeding.

Oregon Legislature: In short, the Oregon legislature has yet to take any action regarding the pandemic.

What is a residential or commercial landlord to do? With access to the courts effectively prohibited, at this point for months, many have asked what they should do considering the constant barrage of bad news. First, opening lines of communications and making payment arrangements and/or accepting partial payments from your tenants is likely a good option, and in some cases, may be the only payment you receive. Next, keep in mind that the COVID-19 state moratorium does not apply to conduct-based notices or evictions. If you have truly troublesome or dangerous tenants, your remedies are still intact – just delayed for now in many situations.  Finally, remember that the moratorium creates a payment deferral, not a payment forgiveness. Governor Brown’s executive order was explicitly clear that all amounts owed – except late fees – remain due and owing.

In this writer’s opinion – Neither tenants nor property owners should have to stand alone bearing the social or economic burden of the COVID-19 Pandemic. Perhaps the ‘best’ economically- and socially-rational way for the federal and state governments to preserve housing stability for families impacted by the COVID-19 crisis and struggling to cover housing expenses is by creating emergency rental assistance programs through a drastic short-term expansion of the Rental Assistance Vouchers program or similar programs. This should be the first and highest priority with regard to the allocation of funds provided to Oregon through the Federal CARES Act – immediately infusing cash for rent payments into the hands of renters and landlords. The eviction moratorium can also be better tailored to safeguard owners’ ability to effectively affect repairs and manage their communities, while allowing more types of housing providers access to mortgage forbearance, ensuring fairness and flexibility in its terms, and by providing financial assistance for property-level financial obligations such as property taxes, utilities or insurance payments and by extending credit to multifamily mortgage servicers, small landlords and multifamily businesses using the Small Business Administration’s Paycheck Protection Program.

We are in this together, and together we are stronger.

Be Well,
Brian Cox

This information is current as of April 15th, 2020. Time and answers are changing rapidly, and all readers are encouraged to seek the most current and reliable information available.

* * *Court notice accompanying FED Summons * * *

NOTICE TO LANDLORDS FILING FED (EVICTION) CASES

On April 1, 2020, Governor Kate Brown issued Executive Order 20-13 which, among other things, prohibits the filing of certain eviction cases. The Executive Order was effective immediately and remains in effect for 90 days unless extended or terminated earlier by the Governor.

• A violation of Executive Order 20-13 could subject you to criminal penalties including a Class C Misdemeanor punishable by a fine of up to $1,250.00 and up to 30 days in jail.

• If you file your complaint, your filing fee will not be refunded, even if it is subject to the Executive Order.

• You should review the full Executive Order to determine if it applies to the complaint you are filing. Available at: https://www.oregon.gov/gov/admin/pages/eo_20-13.aspx.

• If you have questions, you may want to contact an attorney.

The following are excerpts from Governor Brown’s Executive Order 20-13:

“1. Residential Tenancies.

a. During this moratorium, landlords of residential properties in Oregon shall not, for reason of nonpayment as defined in paragraph 1(b) of this Executive Order, terminate any tenant’s rental agreement; take any action, judicial or otherwise, relating to residential evictions pursuant to or arising under ORS 105.105 through 105.168, including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere in any way with such tenant’s right to possession of the tenant’s dwelling unit.

b. The term “nonpayment” as used in paragraph 1 of this Executive Order means any nonpayment of rent, late charges, utility charges, or any other service charge or fee, as described in ORS 90.392(2)(a) or (c), 90.394, or 90.630(1)(d) or (10), or any termination without cause under ORS 90.427. All other terms used in paragraph 1 of this Executive Order shall have the same meanings as set forth in ORS chapters 90 or 105.

c. Nothing in paragraph 1 of this Executive Order relieves a residential tenant’s obligation to pay rent, utility charges, or any other service charges or fees, except for late charges or other penalties arising from nonpayment which are specifically waived by and during this moratorium. Additionally, paragraph 1 of this Executive Order does not apply to the termination of residential rental agreements for causes other than nonpayment.

d. * * *

2. Non-Residential Tenancies.

a. During this moratorium, landlords of non-residential properties in Oregon shall not, for reason of nonpayment as defined in paragraph 2(b) of this Executive Order, terminate any tenant’s lease; take any action, judicial or otherwise, relating to non-residential evictions pursuant to or arising under ORS 105.105 through 105.168, including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere with such tenant’s right to possession of the leased premises.

b. The term “nonpayment” as used in paragraph 2 of this Executive Order means nonpayment of rent, late charges, utility charges, or any other service charge or fee, as described in the lease or in ORS 91.090, 91.210 or 91.220. All other terms used in paragraph 2 of this Executive Order shall have the same meanings as set forth in ORS chapters 91 or 105.

c. Paragraph 2 of this Executive Order shall apply if a tenant provides the landlord, within 30 calendar days of unpaid rent being due, with documentation or other evidence that nonpayment is caused by, in whole or in part, directly or indirectly, the COVID-19 pandemic. Acceptable documentation or other evidence includes, without limitation, proof of loss of income due to any governmental restrictions imposed to mitigate the spread of COVID-19.

d. * * *

~ ~ ~ ~ ~

California, Oregon & Washington Announce Western States Pact

April 13, 2020

West Coast States Agree Region Will Move Toward Reopening Based On Health Outcomes

Salem, OR—Today, California Governor Gavin Newsom, Oregon Governor Kate Brown and Washington Governor Jay Inslee announced an agreement on a shared vision for reopening their economies and controlling COVID-19 into the future.

Joint statement from the Governors:

COVID-19 has preyed upon our interconnectedness. In the coming weeks, the West Coast will flip the script on COVID-19 – with our states acting in close coordination and collaboration to ensure the virus can never spread wildly in our communities.

We are announcing that California, Oregon and Washington have agreed to work together on a shared approach for reopening our economies – one that identifies clear indicators for communities to restart public life and business.

While each state is building a state-specific plan, our states have agreed to the following principles as we build out a West Coast framework:

Our residents’ health comes first. As home to one in six Americans and gateway to the rest of the world, the West Coast has an outsized stake in controlling and ultimately defeating COVID-19.

Health outcomes and science – not politics – will guide these decisions. Modifications to our states’ stay at home orders must be made based off our understanding of the total health impacts of COVID-19, including: the direct impact of the disease on our communities; the health impact of measures introduced to control the spread in communities—particularly felt by those already experiencing social disadvantage prior to COVID-19; and our health care systems’ ability to ensure care for those who may become sick with COVID-19 and other conditions. This effort will be guided by data. We need to see a decline in the rate of spread of the virus before large-scale reopening, and we will be working in coordination to identify the best metrics to guide this.

Our states will only be effective by working together. Each state will work with its local leaders and communities within its borders to understand what’s happening on the ground and adhere to our agreed upon approach.

Through quick and decisive action, each of our states has made significant progress in flattening the curve and slowing the spread of COVID-19 among the broader public. Now, our public health leaders will focus on four goals that will be critical for controlling the virus in the future.
• Protecting vulnerable populations at risk for severe disease if infected. This includes a concerted effort to prevent and fight outbreaks in nursing homes and other long-term care facilities.
• Ensuring an ability to care for those who may become sick with COVID-19 and other conditions. This will require adequate hospital surge capacity and supplies of personal protective equipment.
• Mitigating the non-direct COVID-19 health impacts, particularly on disadvantaged communities.
• Protecting the general public by ensuring any successful lifting of interventions includes the development of a system for testing, tracking and isolating. The states will work together to share best practices.

COVID-19 doesn’t follow state or national boundaries. It will take every level of government, working together, and a full picture of what’s happening on the ground.

In the coming days the governors, their staff and health officials will continue conversations about this regional path to recovery.

Oregon.gov Newsite and Article source:

https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36352