Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Economic Injury Disaster Loan Program for Small Businesses & Non-Profits in Ohio and Florida

The Ohio Development Services Agency and the Florida Department of Economic Opportunity are preparing to qualify businesses in both states for the U.S. Small Business Administration's (SBA) Economic Injury Disaster Loan Program. This program provides low interest loans up to $2 million in order to help businesses overcome the temporary loss of revenue during the state of emergency.

The Economic Injury Disaster Loans may be used by Ohio small business owners and non-profits to pay fixed debts, payroll, accounts payable and other bills that cannot be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%.

Once Ohio is qualified for the program, the Ohio Development Services Agency (Development) will work with the SBA to notify entities that they can now apply for loans. To keep payments affordable, these loans are long-term, with up to a maximum of 30 years for repayment. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.

Small businesses and non-profits impacted by the ongoing health crisis are encouraged to contact Development at BusinessHelp@Development.Ohio.Gov for assistance. Additional information about the SBA Economic Injury Disaster Loan program is available at SBA.gov/Disaster.

Florida has activated an Emergency Bridge Loan Program to support small businesses impacted by COVID-19. Managed by the Florida Department of Economic Opportunity (DEO), it will provide short-term, interest-free loans to small businesses. The application period runs through May 8, 2020. The Business Damage Assessment survey can be accessed at FloridaDisaster.BIZ. For more information visit www.floridadisasterloan.org or contact the Florida Small Business Development Center Network at 866-737-7232 or email Disaster@FloridaSBDC.org.

Additional information on the SBA Economic Injury Disaster Loan Program is available at SBA.gov/Disaster.

BMD government affairs attorney Victoria Ferrise is monitoring the changing situation closely and we will be providing updates accordingly.

Florida’s “Stay-at-Home” Order and What it Means for Businesses

On April 1, 2020, in response to the State’s ongoing efforts to fight the spread of COVID-19, Governor Ron DeSantis issued Executive Order 20-91, which is State-wide “Stay-at-Home” Order. The Order goes into effect Friday, April 3, 2020 at 12:01 a.m., and expires on April 30, 2020, unless extended by subsequent order (the full text of the order is available here).

CMS Offers New Stark Waivers and More Flexibility to Health Care Providers Due to COVID-19

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility. The official publication can be found here: Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19.

#CancelRent – What’s Next for Landlords?

Across the country, residential tenants, small businesses, and even national retailers such as Cheesecake Factory, Subway, and Mattress Firm have declared war on their landlords by refusing to pay rent on account of the Covid-19 pandemic (“COVID-19”). This has sent shockwaves through the real-estate industry. As of April 1st, residential tenants owe an estimated $40 Billion in rent. Estimates for the commercial sector are not far off. So far, federal, state, and local measures have focused on providing relief to residential and commercial tenants and even to some commercial landlords.

Record Keeping Requirements to Receive FFCRA IRS Tax Credit

On April 1, 2020, the IRS and Department of Labor issued temporary regulations to provide clarity regarding the documents required by employees requesting leave under the Families First Coronavirus Response Act (FFCRA) and the documentation that employers need to maintain.

Eviction & Foreclosure During the COVID-19 Pandemic

Like most areas of our society, the COVID-19 pandemic has greatly impacted the business relationships between landlords and tenants and between lenders and borrowers. In most states, non-essential retailers and other businesses have closed their doors and are doing business online, to the extent that they can. Some businesses, like The Cheesecake Factory, have announced that they would not be paying rent at any of their locations for at least a month due to the pandemic. Landlords and homeowners are concerned about being able to pay their mortgages and tenants are concerned about being able paying their rent.