COVID-19: Small Business Administration “EIDL” Loans for Multi-Family Property Owners

The Small Business Administration administers the “Economic Injury Disaster Loan” program. This program, recently expanded to address the economic fallout of COVID-19, may be especially useful to NJ landlords, multi-family property owners and other small business suffering dramatic reductions in revenue. This program (just one of many) may aid businesses in search of liquidity.

The Economic Injury Disaster Loan Program is a component of the Small Business Act, 15 USC 636.  An eligible business must be in a “declared disaster area.”  New Jersey is, by Presidential action, a declared disaster area due to COVID-19. To qualify for an EIDL loan, the applicant must be (1) a “small business;” (2) have used/consumed “all reasonably available funds” and (3) “unable to obtain credit elsewhere”.  Importantly, principal owners (those with a 20% or greater interest in the company) and affiliate companies must also have expended “all reasonably available funds.” An approved loan carries an interest rate of 3.75%. The funds can be used for “working capital necessary to carry on…until resumption of normal operations.” The funds cannot be used to refinance debt, pay other agency loans, pay taxes or pay dividends or other non-wage compensation. This is only a summary of the basics. There are additional underwriting criteria and, of course, paperwork.

Important changes may be coming to the EIDL program. Pending federal legislation may relax the “unable to obtain credit elsewhere” requirement. Although the application can be onerous (and requires significant owner financial disclosure)  the program offers important liquidity during uncertain times.

Offit Kurman, P.A., maintains a broad-based landlord and property owner representation practice. In New Jersey, Offit Kurman represents landlords and property managers in maximizing return, resolving disputes and avoiding unnecessary and costly delays. The Firm’s New Jersey geographic practice area includes: Jersey City, Hoboken, Bayonne, Hudson County, Newark, Essex County, Woodbridge, Middlesex County, Paterson, Passaic County, Hackensack, Bergen County and other points across New Jersey.

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