Q. Are landlords impacted by the Executive Order issued by Governor Edwards?
A. Executive Order No. JBE 2016-57 was issued by Governor Edwards on August 17, 2016 (copy at http://gov.louisiana.gov/assets/ExecutiveOrders/JBE16-57.pdf), and amends Executive Order No. JBE 2016-53 by further providing that nothing in the Executive Order shall be interpreted to prohibit an owner of immovable property from: (i) reclaiming rental property, if abandoned, as provided by law; or (ii) entering rental property to make necessary repairs, as provided by law. In short, the Executive Order does not prohibit property managers and landlords from retaking possession of abandoned rental property or repairing rental property, if allowed by Louisiana law. Whether or not a tenant has abandoned rental property is determined on a case-by-case basis. Generally, abandonment requires both the tenant to actually abandon the rental property, and for the tenant to intend to abandon—and not return to—the rental property. Mansur v. Cox, 898 So.2d 446 (La. Ct. App. 1 Cir. 2004).
Q. What about “Act of God” or “Fortuitous Events” provisions in contracts, including Purchase Agreements?
A. Many contracts contain provisions specifying remedies or expanded timelines in the event that a natural disaster (or “Act of God” or “Fortuitous Event”) occurs which prohibits the parties from completing the transaction. The term “Fortuitous Event” is used interchangeably by Louisiana courts with the term “force majeure”, and is defined as an event that prevents someone from fulfilling a contract that, at the time the contract was made, could not have been reasonably foreseen. The Louisiana Civil Code articles addressing “Fortuitous Events” do not specifically suspend the performance of contracts upon the happening of a Fortuitous Event or disaster. In the absence of a specific provision in a contract changing deadlines or suspending delays for “Fortuitous Events” or “Acts of God”, deadlines generally continue to run; it is possible that the purchase agreement would be deemed expired upon the expiration of the deadline for closing, despite the occurrence of such disaster. Generally, Louisiana law does not grant purchasers in private contracts an automatic extension of time to perform such obligations in the event of a flood or natural disaster. The Louisiana Residential Agreement To Buy Or Sell (the “Purchase Agreement”) form does not include a delay or suspension of deadlines for “Acts of God” or “Fortuitous Events”.
Did you know that today was INTERNATIONAL YOUTH DAY! August 12th-Adopted In 1995, by the United Nations (UN) with the intention of establishing guidelines and policies for action and support that would lead to a brighter future for tomorrow’s youth.
“We have an obligation and a responsibility to be investing in our students and our schools. We must make sure that people who have the grades, the desire and the will, but not the money, can still get the best education possible. ” President Barack Obama. Prepare your children today: ORDER MONEY MATTERS 101. #moneymatters101 ~ order today- http://amzn.to/2aB5kqg ~ facebook: http://bit.ly/2aEGtSR
Today in Congress, U.S. Senator Patty Murray (Wash.) and Representative Robert “Bobby” Scott (Va.) introduced the Raise the Wage Act, which would benefit 37.7 million workers—and the businesses that serve them—by gradually raising the minimum wage to $12 by 2020.
Thanks to crucial input from EPI researchers, the Raise the Wage Act establishes automatic increases in the minimum wage starting in 2021 to keep pace with rising wages overall. This means that workers will receive annual raises without the need for future congressional action.
Low-wage workers, like all workers, deserve an incremental and predictable raise each year.
The bill would also eliminate the subminimum wage for tipped workers, which has been frozen at $2.13 an hour since 1991. In states that have a subminimum wage, tipped workers are twice as likely as non-tipped workers to live in poverty.
If passed, the Raise the Wage Act would benefit 32 percent of wage-earning women, 37 percent of African American workers, and 40 percent of Hispanic workers. Three-fourths of all Americans—representing all demographics—support raising the federal minimum wage to over $12 an hour. This is a tremendous opportunity to raise America’s pay. It’s a bold step toward ensuring that American prosperity is broadly shared.
The Economic Policy Institute Policy’s Center has been providing critical research to members of Congress as well as activists on the ground who are fighting for a stronger minimum wage. Join us in our fight to increase workers’ wages and create an economy that works for all, not just the wealthy and large corporations.
HIV/AIDS prevention and care
Louisiana currently provides few state dollars directly for HIV/ AIDS prevention or to client care and services. Federal monies for HIV prevention and services are equally minimal. The impact of this underfunding has been an extreme balancing act by HIV/AIDS organizations, particularly those who provide direct services as well as prevention programming. Two of our cities, Baton Rouge and New Orleans, are consistently ranked Top 5 in the US for people living with HIV and AIDS. Louisiana must find funding to support new and existing medically-sound methods of HIV prevention and treatment services.
Highways, bridges, infrastructure
With a $12 million backlog in transportation infrastructure projects, it can sometimes feel as though our state is literally crumbling to the ground. Part of the problem is that our governor has made a habit out of diverting money from the fund for these projects to the state police. It’s well past time to stop moving money away from infrastructure projects and start rebuilding our highways and bridges. Ultimately, it’s citizens that pay the high price of this $12 billion backlog. The conditions of our roads greatly influence our auto insurance rates, which are among the highest in the country.
Youth violence prevention and community intervention
Louisiana’s legislature should fund evidence-based, locally controlled youth and gang violence prevention and intervention practices. Instead of continuing to funnel youth into the criminal justice system, communities should be given the resources and support they need to address youth violence and to give every young person the opportunity to meet their potential. Given the current budget challenges facing us, we have a responsibility to find new ways to save money and maximize the effectiveness of every dollar spent. Expanding community intervention, support, mentoring, and education have the potential to save our state millions of dollars and to save hundreds of lives.
Access to healthcare for the working poor
Over 242,000 working Louisianians who earn too little to qualify for a federal health care subsidy and too much to qualify for Medicaid in our state have been left out of the ACA’s affordable health care coverage. This gap in health care coverage results in over-reliance on emergency rooms and hospitals for primary care, and the Department of Health and Hospitals is facing a $15 million budget cut. The Baton Rouge General Mid City Hospital’s Emergency Room is closing its doors later this week, and more closures are sure to come if our state doesn’t do something to save healthcare. The 2015 Jindal budget also drops funding for a network of health clinics in the Greater New Orleans area that serves 60,000. The solution to all of these problems is simple: approve Medicaid expansion.
Don’t think we’ve forgotten this one! Our colleges and universities have been facing funding shortfalls for the better part of a decade now, and panic over higher education funding has escalated with the approach of the 2015 legislative session. Cutting $600 million from the budget for higher education, as Governor Bobby Jindal has threatened to do, is just not an option that Louisiana’s students can afford. And while much of the focus of the conversation has been on the LSU system so far, these cuts would likely have a more dramatic impact on our community colleges and smaller universities. (LOUISIANA PROGRESS- http://www.louisianaprogress.org/post/5-things-louisiana-must-fund-for-the-sake-of-our-future/#more-1905
On Monday, March 9, 2015, the 3 largest credit-reporting firms – Equifax, Experian, and TransUnion – reached an agreement with New York state to overhaul their reporting and error resolution practices. Many of these changes will be implemented on a national basis roughly over the next 3 years. Specifically, the firms will be required to use trained employees to review and resolve consumer disputes.
Another major change will be the removal of medical debts from credit reports once the debts are paid instead of the typical 7 years. Finally, the credit bureaus will be required to implement a 180-day waiting period before adding any medical debt information to consumers’ credit reports. This grace period is intended to allow consumers to clear up any discrepancies and catch up with other unpaid bills.
Since 2010, NAR has called on industry participants to reassess and amend credit policies that have been unduly restricting consumer access to mortgage credit. From initial reports, the agreement appears consistent with the Consumer Financial Protection Bureau’s key concerns with the credit-reporting firm’s error resolution process and the rising role of medical debts in consumer reports (National Association of Realtors).