Updates for Our Members & Affiliates

July 17, 2020

A Message From THA

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SALES TAX HOLIDAYS

For 2020 only, the Tennessee General Assembly has approved two separate sales tax holiday weekends. During these weekends, certain goods may be purchased tax free.

Tax Exempt Items For 2020

The first tax-free holiday weekend focuses on clothing and other back-to-school items .

It begins at 12:01 a.m. on Friday, July 31 and ends Sunday, August 2 at 11:59 p.m.

During this time, clothing, school supplies, and computers and other qualifying electronic devices may be purchased tax-free. Certain price restrictions apply.

Exempt items sold online are also eligible. Items must be purchased for personal use, not for business or trade.

The second tax-free holiday weekend focuses on restaurant sales .

It begins at 12:01 a.m. on August 7 and ends Sunday, August 9 at 11:59 p.m.

During this time, the retail sale of food and drink by restaurants and limited service restaurants, as defined in Tenn. Code Ann. § 57-4-102, is exempt from sales tax.

FEMA Concludes TN Disaster Recovery (DR) Efforts

The Private Sector mission in support of Tennessee’s (DR-4541-TN) recovery efforts for the April 12-13 tornadoes and storms in Bradley and Hamilton Counties has been completed.

Moving forward, you are encouraged to become active in emergency preparedness planning for the future. The website Ready.gov provides access to many resources and tools to help in that effort.

Also available on Ready.gov is the Business Continuity Planning Suite for those interested in tips to protect a business. Use the Business Continuity PowerPoint Presentation . The presentation has tips on why and how to plan with preparedness tips for every budget, including Zero Dollar costs. It can be used to jump start or enhance your own emergency plan, and we encourage you to share it far and wide.

Most Court Stays on Eviction Hearings/Actions In Tennessee Have Been Lifted

Although the TN Supreme Court lifted the ban on eviction hearings, w e highly suggest you contact a local area attorney before you decide to initiate an eviction action against a resident in the current environment, as overlaying federal, state and county laws or restrictions on the judicial process may apply.

This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations.

The moratorium on actions by TN judges, court clerks, and other court officials to effectuate an eviction, ejectment, or other displacement from a residence was lifted effective June 1, 2020.

However, in all judicial actions or proceedings seeking to effectuate an eviction, ejectment, or other displacement from a residence, the person or entity seeking such displacement shall file with the court a declaration under penalty of perjury, declaring the property is not subject to the restrictions and limitations of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) (Public Law No. 116-136).

Further, in an early statement from the court it was noted :

Deadlines in court rules, statutes, and administrative rules that were previously extended until May 31, were extended only until June 5. After that date, the Supreme Court did not anticipate any further extension of deadlines. “ The point of extending deadlines was to give judges, attorneys, and litigants time to adjust to this new normal and weather this storm a bit ,” Chief Justice Bivins said. “ But, extensions cannot go on indefinitely. Judges, of course, can extend deadlines on an individual basis when permissible. ”

The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.

National Fair Housing Forum: A Conversation on Sexual Harassment in Housing Situations

This video is an example of information which may be found on HUD's National Fair Housing Training Academy landing page.

COMMUNITY OWNER/OPERATORS

Ensure employees are well versed on all aspects of Fair Housing Laws, Rules and Regulations.

Fair Housing Opens Doors

HUD resources are available HERE.

The Department of Justice (DOJ)

resources are available HERE.

THA resources are available HERE.

Get your free 2020

Tennessee Vacation Guide

With inspirational articles, attraction information and a pull-out map, it has everything you need to plan your next trip to Tennessee.

Get the Guide

Visit/Travel Safely in Tennessee - Leisure Travel Information

REMINDER! - Price-Gouging Law

Under Tennessee Code § 47.18.5103 , it is unlawful to charge any person for a consumer good or service, including housing, until a declaration of emergency has concluded ( currently expiration is set for August 29th ), a price that is in gross excess of its price prior to the declaration. An increase in price will be shown to be not in excess if a seller can attribute such an increase to additional costs imposed by the supplier of that good or service.

FinCEN Issues Advisory on the Financial Action Task Force-Identified Jurisdictions with Anti-Money Laundering and Combating the Financing of Terrorism Deficiencies

The Financial Crimes Enforcement Network (FinCEN) has issued an advisory to financial institutions regarding the Financial Action Task Force’s (FATF) June 30 re-issuance of its list of jurisdictions with strategic deficiencies in their regimes to counter money laundering, terrorist financing, and proliferation financing, with updates to two jurisdictions. These changes may affect U.S. financial institutions’ obligations and risk-based approaches regarding relevant jurisdictions. The advisory also reminds financial institutions of the status and obligations involving these jurisdictions.

Read the advisory here .

Tell Senators to Oppose Amendment that Mandates New Federal Reporting Requirements for Small Businesses

When the Senate returns from its two-week recess, the Chamber is expected to vote on an amendment that would shift reporting requirements about the owners of corporate banking accounts from banks to small businesses. The amendment will be offered to the National Defense Authorization Act (NDAA) and MHI has joined a coalition of business groups opposing the amendment because it creates new reporting hurdles for small businesses at a time they are trying to gain a foothold during the Coronavirus pandemic.

Currently, under a rule that took effect in May 2018, financial institutions are required to collect information such as names and addresses of the owners of corporate banking accounts. The intent of this requirement was to combat money laundering by identifying anonymous shell companies or limited liability companies with no significant assets or operations. An amendment is expected to be offered to the NDAA proposing to alleviate the reporting requirement on banks to validate customer identities. Instead, under the amendment millions of small businesses in the United States would be required to register with the Financial Crimes Enforcement Network (FinCEN) and file updated reports within a year of any information changes. Willful failure to provide complete and updated reports to FinCEN could result in civil penalties of $500 per day up to $10,000 and criminal penalties of up to two years in prison, or both. Further, the amendment significantly reduces the due process rights of small business owners by lowering the legal standards for who, for what and how information can be accessed.

MHI has joined a coalition of business groups in opposition to the amendment. While the coalition respects the importance of the government’s work to protect our national security, imposing this additional reporting requirement on small business owners at a time when they are doing all they can to support the survival of their companies during the pandemic is alarming. Even more concerning is that the legislation has not gone through the normal congressional deliberations process where negative consequences – such as privacy concerns, cybersecurity risks, and due process issues – could be addressed prior to passage.

We need you to join our efforts and tell your Senators to oppose the “Beneficial Ownership Rule Change” amendment. With MHI's advocacy page, making this request of your Senators is easy.

Click here and follow the simple steps on MHI's website. The letter to your Senators has already been composed – all you have to do is insert your home address and click “Submit.”

The vote will take place in the U.S. Senate the week of July 20. Please give this your immediate attention and send it along to others in your organization and everyone else you know in the industry urging them to do the same.

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MHI Urges House Appropriators to Include Rental Assistance Measures

in FY2021 THUD Bill

As deliberations in Congress begin about HUD’s Fiscal Year 2021 budget, MHI, in coalition with 11 other national housing industry trade groups, sent a letter to the House Appropriations Subcommittee on Transportation, Housing and Urban Development (THUD) urging ongoing and sustained support for the Department’s current housing programs and further financial support for the rental housing industry and its residents by including funding for an emergency rental assistance program for those impacted by COVID-19.

Since the start of the national health emergency, MHI has been working as a part of a coalition of national housing industry trade groups to advocate for rental assistance for residents and financial mitigation measures for property managers—including manufactured home community owners. Arguing that housing providers will be at risk if residents cannot pay their full rent obligations, the coalition continues to call on Congress to create and fund an emergency rental assistance program to ensure residents that were impacted by COVID-19 are able to meet their financial obligations, including rent and utility payments. Further, the coalition is advocating that Congress tie eviction moratorium protections to those renters impacted by COVID-19, establish a Federal Reserve credit facility for mortgage servicers, and ensure multifamily businesses have access to government support programs.

MHI Advocates for PPP Loan Forgiveness

MHI joined a diverse group of housing, business and other trade associations calling on Congress to pass legislation that would forgive certain loans funded by the Paycheck Protection Program (PPP). S. 4117, “The Paycheck Protection Program Small Business Forgiveness Act,” introduced by Senators Kevin Cramer (R-SD), Bob Menendez (D-NJ), Thom Tillis (R-NC) and Kyrsten Sinema (D-AZ), would forgive PPP loans of less than $150,000 upon the borrower’s completion of a simple, one-page forgiveness document. PPP loans of $150,000 and under account for 86 percent of total PPP recipients, but less than 27 percent of PPP loan dollars. The letter argues that expediting the loan forgiveness process for many of these hard-hit businesses will save more than $7 billion dollars and hours of paperwork.

MHI also continues to advocate for clarification of PPP guidelines regarding the eligibility of manufactured housing communities to receive funds. Current regulations and guidance issued by the SBA to administering lenders do not specifically include manufactured housing communities among eligible PPP recipients. Since the PPP was first established, MHI has advocated through letters and calls to the U.S. Treasury and the SBA to clarify the eligibility of manufactured housing community owners and operators for this program. MHI will also continue to advocate for the elimination of the provision that prohibits 501(c)(6) non-profit organizations from accessing PPP funds. For up-to-date information, visit SBA’s website .

On Wednesday, July 15, 2020

Governor Bill Lee signed

MH Transportation Legislation - Effective October 1, 2020

Public Chapter 786

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UNIVERSAL GUIDELINES FOR ALL BUSINESSES DURING COVID-19

Watch the corresponding video to review and understand the universal business guidance for getting all Tennesseans back to work safely and restoring our state's economic health.

TN Pledge: General Guidelines for Businesses

Governor Lee Press Conference Highlights

(Tuesday - 07/14/20)

During Governor Lee's press conference surrounding the COVID-19 pandemic, the following updates were provided:

The Tennessee Department of Revenue has identified and contacted 33,000 businesses regarding their eligibility for the Tennessee Business Relief Program, which is funded by $200 million of CARES Act money. The program targets businesses that were forced to halt operation during the mandatory safer at home order imposed by the Governor earlier this year. The eligible businesses are encouraged to ensure their contact information is up to date with the Department of Revenue.
The Governor, in conjunction with the Unified Command Group, Department of Health, and Department of Education, plans to publish guidelines and strategies for school districts to consider as they plan to return to an in-person school setting next month.
Penny Schwinn, the Commissioner of the Department of Education, has been appointed to the Governor's Unified Command Group. The Governor referenced the intertwining nature between schools opening and the COVID-19 response, as the reason for her appointment.
Commissioner Lisa Piercey of the Department of Health reported the COVID-19 positivity rate remains relatively stable, around 9%, despite an increase in positive cases.
Additionally, Commissioner Piercey reported Tennessee's hospital and ventilator capacity remains at satisfactory and stable levels across the state, despite an increase of hospitalizations.

URGENT! Verify Your TN Small Business Information is Correct!

The Tennessee Business Relief Program is on track to distribute $200 million in relief payments to 33,000+ small businesses affected by this economic crisis, through the TN Department of Revenue.

Small businesses are asked to verify your current information, by signing on to your respective TNTAP account.

For payment amounts, eligibility info, and program FAQs, visit HERE .

Governor Lee tweeted Tuesday :

"Wearing a mask is a simple line of defense for fighting the spread of #COVID19 . TN's Economic Recovery Group continues to partner with a growing number of TN brands to distribute masks across the Volunteer State." (Click below.)

CUSTOM Face Masks are only $2.50 each, with a minimum order of 500 pieces.

For TN Strong or Custom Face Masks ... Go Here!

COVID-19 RESOURCES

By Member request , THA will continue to maintain a resource section on our Website , for an extended period of time.

Mitigation efforts of states continually consider their respective hospital availability of beds and ventilators (resources), when implementing new pandemic policies. If you are curious about where Tennessee Hospital COVID-19 resources stand, click HERE , to view a snapshot.

Also, click to see Tennessee VITAL Signs - Dashboard

Visit MHI's COVID-19 Resources for Manufactured Housing

Start Living The Good Life!

Revisiting the Retailer Do’s & Don'ts List

Regarding Financing

Webinar - Registration Available

July 21, 2020 from 2:30 PM - 3:30 PM EST

Registration is now available for MHI's next webinar - Revisiting the Retailer Do’s & Dont’s List Regarding Financing . This webinar will revisit retailer interactions with home purchasers about financing during the home sales process, including a discussion of the current regulatory landscape. The discussion will touch on the “new” do’s and don’ts list, issues related to mortgage loan originator licensing, why lenders and investors may be concerned with potential unlicensed activity and recent state developments related to mortgage loan originator licensing. Attendees will be provided talking points for discussing this issue with state regulators and legislatures.

Presented by:

Jeffrey Barringer , McGlinchey Stafford;

David Chernek , Cascade Financial Services; and

Matt Webb , 21st Mortgage

The webinar cost is $25 per person.

Online registration is available through Friday, July 17.

SAVE THE DATE

Upcoming MHI Webinars

More Info Here

July 30, 2020

OUTSIDE the BOX

A Solution to the Affordable Housing Crisis