The latest from DC (5-20-20): Details about payment calculations were released on May 19th. Unfortunately, the final outcome looks like it will provide limited support for many farmers in our network. Payments will be made on a crop-by-crop basis, covering the period between January 15 to April 15, and do not have separate categories to take into account premium pricing from local or organic sales. There is also no set-aside for beginning farmers or farmers of color, and funding is first-come, first-served. Applications for direct payments are expected to open on May 26th, and if you are interested, you can  get a head start on the paperwork you’ll need to apply for the program here.

Based on the rules released on May 19th, payment calculations will be as follows. You can find the payment rates starting on page 33 of the regulations. Note that 80% of the payment will be granted up front, and the other 20% will be made at a later date if funding remains. 

For specialty crops (i.e. fruits and vegetables):

-For crops that USDA calculates as having experienced a 5% price loss:
(Volume of crops sold between January 15 – April 15) x (USDA calculation for price loss)
-For crops that shipped but spoiled because of issues with marketing channels:
(Volume of crops shipped between January 15 – April 15) x (USDA calculation expected to cover about 30% of loss)
-For unharvested or unshipped crops:
(Volume of unharvested crops January 15 – April 15) x (USDA calculation expected to cover about 6% of loss)

For livestock: 

(Livestock sold per head between January 15 – April 15) x (USDA calculation) + (Livestock inventory per head between April 15 – May 15) x (USDA calculation)

For dairy: 

(Production in hundredweight between January 15 – April 15) x ($4.71) + (Production in hundredweight between January 15 – April 15) x ($1.47)

What we’re working on: Our press release on the direct payments program is here.
On May 12, Young Farmers and several of its corporate partners sent another formal letter to USDA and the Office of Management and Budget urging them to create regulations for the direct payments program that will work for small-scale, diversified farmers.  Last month, we sent a letter to Secretary Perdue asking that at least $1 billion be spent on local/regional foods. Likewise, we sent a letter to USDA to urge that farms growing for local/regional markets not be required to fill out burdensome paperwork to prove their losses and that beginning and socially disadvantaged farmers have a particular set-asides. A bipartisan group of Senators sent a similar letter. We will continue to seek clarity and push the agency to ensure that CFAP serves small-scale, beginning, and socially disadvantaged producers whose markets have been impacted by COVID-19. 

More Info: 

• • Check out the USDA’s website for info on how to apply and links to the necessary forms. 
  • The regulations for the direct payment program are available online here. 
  • The USDA’s press release and summary of the payment program is here. 
  • The preliminary details that were released by Senator Hoeven’s office on April 17th can be found here. 
  • The full press release about CARES Act funding from USDA can be found here: https://www.usda.gov/media/press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program
  • Search through the language of the CARES Act. 

The latest from DC (5-18-20): Secretary Perdue released a statement on April 17th announcing the new Coronavirus Food Assistance Program (CFAP). One part of this is $3 billion in funds for food procurement called the Farmers to Families Food Box. The Request for Proposals for this program was released on April 24th, and applications were due May 1st at 1 PM Eastern.  The list of organizations that received funding is here. If there are any organizations that you recognize, you might want to reach out about participating.

The program is open to any entity with the capacity to aggregate, package, and distribute agricultural products from the listed categories. Recipient organizations could be “food banks, food pantries, churches, schools, community groups, and other nonprofit and governmental organizations for distribution to Americans who need food.” (AMS USDA)

However, the organization must already have a Data Universal Numbering System (DUNS) number, which is the code needed to complete any government grant or application, and will be required to register on The System for Awards Management (SAM.gov). For certain types of businesses additional certification may be required and it seems that farms selling to the organizations that are aggregating the food need to pass a GAPs audit.

More info: 

• FAQs from AMS here. 
• Since this opportunity seems mostly geared toward aggregators, wholesalers, or food hubs, we would certainly point food hubs toward the Wallace Center. A recording of their most recent call is here and the notes are here. Additionally, they’re gathering information from food hubs and organizations interested in participating. Look for potential partners on their spreadsheet here. 
• USDA hosted a webinar on April 21st that can be viewed here for more information. Questions regarding the Farm to Families RFP can be emailed to ERacquisition@usda.gov.
• NSAC recently wrote a great blog post about this program which can be found here.
• Read our letter to Secretary Perdue here.

The latest from DC (5-4-20): The Small Business Administration (SBA)’s Economic Injury Disaster Loan (EIDL) program offers forgivable loan advances of up to $10,000 to businesses that are losing revenue amid the coronavirus pandemic. While farms were not eligible for the first round of EIDL funds, agricultural advocacy orgs like ours fought to make sure that you were included in the next round of funding. Farmers (with fewer than 500 employees) are eligible for Economic Injury Disaster Loans (EIDL) and applications through SBA are currently open only for agricultural businesses. Applications are here.

More Info:

• SBA has resumed processing EIDL applications that were submitted before the portal stopped accepting new applications on April 15 and will be processing these applications on a first-come, first-served basis. SBA will begin accepting new Economic Injury Disaster Loan (EIDL) and EIDL Advance applications on a limited basis only to provide relief to U.S. agricultural businesses.
• Farms can apply online, directly through SBA. Applications are here.  If you previously applied under the streamlined application (March 30 to program closure), there is no need to re-apply.
• Loans can be made for up to $2 million, with an advance of $1,000 per employee up to $10,000 that does not need to be repaid. Note: If you receive an EIDL grant of up to $10,000, your Paycheck Protection Program loan forgiveness amount will be reduced by that amount.
• The SBA is providing $1,000 per employee, up to ten employees (and if you’re a sole proprietor, you’re eligible for $1,000 only)” for the EIDL grant.
• Agricultural businesses includes those businesses engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries (as defined by section 18(b) of the Small Business Act (15 U.S.C. 647(b)).
• Farm Commons, a wonderful ag law focused non-profit hosted a webinar for farmers on the EIDLs.

The latest from DC (4-30-20): PPP provides forgivable loans to small businesses (including farmers) to keep their workers on the payroll. Of the additional $321 billion included in the new agreement for PPP, $60 billion is dedicated for small businesses lacking access to large financial institutions. The bill includes specific funding set-aside for Community Development Financial Institutions (CDFIs), minority depository institutions, and smaller lenders.

Resources: 

• SBA website with up to date info including the application form
• Department of Treasury Paycheck Protection Program Info Sheet
• Coronavirus Emergency Loans Guide and Checklist for Small Businesses and Nonprofits (Super helpful resource from the US Chamber of Commerce about the Paycheck Protection Program – includes information for seasonal employers)
• NSAC Blog on SBA loans
• Farm Commons recorded webinar on PPP specifically for farmers and ranchers.

More Info: 

• For-profit and non-profit farms are eligible for these funds. 
• No Personal Guarantee: no personal guarantee or collateral required
• Loan Terms: 1% fixed interest rate, due in 2 years, payments automatically deferred for 6 months.
• Loan Amount: Loans can be for up to 2.5 months of your average monthly payroll costs from the last year. Payroll costs include:
  • Salary, wages, commissions, or tips (capped at $100,000 on an annualized basis for each employee), including salaries for self-employed workers or gig workers;
  • Employee benefits including costs for vacation, parental, family, medical, or sick leave; allowance for separation or dismissal; payments required for the provisions of group health care benefits including insurance premiums; and payment of any retirement benefit;
  • State and local taxes assessed on compensation.
  • PASA has developed a useful PPP loan calculation spreadsheet for farmers
• Loan Use: loan funds can be used to make payroll and associated costs, including health and retirement benefits, payroll processing fees, facilities costs, and debt service.
• Loan Forgiveness: Loans will be forgiven as long as loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8-week period after the loan is made; and employee and compensation levels are maintained. The 8 weeks starts on the day you receive the loan funds.
  • At least 75% of the loan must be spent on payroll costs in the 8 weeks after loan disbursement in order to qualify for forgiveness.
  • You will owe money if you do not maintain your staff and payroll.
  • If you receive an EIDL grant, your PPP loan forgiveness amount will be reduced by that amount.
  • Number of Staff: Your loan forgiveness will be reduced if you decrease your full-time employee headcount.
  • Level of Payroll: Your loan forgiveness will also be reduced if you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019.
  • Re-Hiring: You have until June 30, 2020 to restore your full-time employment and salary levels for any changes made between February 15, 2020 and April 26, 2020.
• Requesting Loan Forgiveness: submit a loan forgiveness application to the lender that is servicing the loan within 15 days after the 8-week period ends. We do not know what the forgiveness application looks like yet, but it will likely require documentation verifying the number of full-time equivalent employees on payroll as well as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the eight week period following the loan disbursement. You must certify that the documents are true and that you used the forgiveness amount to keep employees and make eligible mortgage interest, rent, and utility payments. The lender must make a decision on the forgiveness within 60 days.
• Apply at a local bank through June 30 or check out Kabbage online. Find a bank here: www.sba.gov/paycheckprotection/find

The latest from DC (4-28-20): Secretary Perdue released a statement last week announcing the new Coronavirus Food Assistance Program (CFAP). This program has two parts: 

• Direct support to farmers and ranchers: $16 billion “in direct support based on actual losses for agricultural producers where prices and market supply chains have been impacted and will assist producers with additional adjustment and marketing costs resulting from lost demand and short-term oversupply.” 
• Purchase and distribution: USDA to partner with “regional and local distributors” to procure fruits and vegetables, dairy, and meat to serve food banks and other non-profit organizations. 

The full statement can be found here: https://www.usda.gov/media/press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program

What we’re working on: Along with many partners, we sent a letter to Secretary Perdue asking that at least $1 billion be spent on local/regional foods. Likewise, we sent a letter to USDA to urge that farms growing for local/regional markets not be required to fill out burdensome paperwork to prove their losses. A bipartisan group of Senators sent a similar letter. We will continue to push the agency to ensure that CFAP serves small-scale, beginning, and socially disadvantaged producers.

What we need from farmers: The program as currently designed may leave out thousands of farmers, including producers who sell into local and regional markets and producers historically underserved by USDA, including farmers of color.

More Info: 

Search through the language of the bill. 

Farmers’ Legal Action Group (FLAG) has created a detailed, yet brief guide, which provides legal analysis for farmers on a number of topics (many of which are part of the CARES Act), including SBA loans, unemployment insurance, funding for specialty crop and other producers, and changes to bankruptcy code.

The latest from DC (5-20-20): Senator Bob Casey (PA) and Representative Jahana Hayes (CT) have introduced the Food Assistance for Kids and Families During COVID-19 Act of 2020 (H.R 6445 / S. 3563) to authorize public-private partnerships between the USDA, authorized retailers and community based organizations to support food delivery to SNAP users and provide funding to support grocery delivery for program participants who are seniors, immunocompromised individuals and others unable to travel safely to a retail food outlet such as a grocery store or farmers market.. (Thanks to NSAC for the summary.) Additionally, several states have newly been added to the USDA’s online SNAP pilot program, and an expansion to “independently owned and operated retail stores beyond those included in the original pilot” was announced by USDA on May 20. 

More Info: SNAP cannot currently be processed online, except by a few larger retailers in states with pilot programs. (In addition to this list, DC, NC, ID, CA, AZ, WV, KY, MO, TX, VT, WY, GA, CT, IL, IN, MD, MA, MI, NJ, OH, OK, PA, TN, and VA have been added to the pilot since the beginning of the outbreak.) These pilots, namely with Amazon and Walmart or larger grocery stores, began accepting SNAP benefits online, but we haven’t seen these roll out to smaller platforms. As of now, except for these pilots, the person doing the processing is supposed to be at the terminal with the EBT cardholder and the cardholder puts in their PIN.

Some retailers are answering this need in the following ways that markets or farmers could use if they’ve been approved to accept SNAP benefits: (from USDA response to an email inquiry)

• The SNAP client places their order online or over the phone and picks it up at the store. If the store has a wireless Point of Sale system (POS) the customer would be able to complete the transaction without having to leave their car.
• The SNAP client places their order online or over the phone and the order is delivered to their designated delivery address. The transaction can be completed using a wireless POS. (Note that the delivery fee would not be allowed to be included in the SNAP payment.)
• SNAP client places their order online or over the phone and designates a person to pick the order at the store using the clients EBT card. The transaction can be completed, using the SNAP clients EBT card, in the store or by using a mobile POS device outside of the store.
• • • As a last resort, if you do not have a mobile POS, under these extreme circumstances you could complete a manual voucher which the SNAP customer would need to sign in person at the point the voucher is authorized.
    • Information regarding manual vouchers, including how they are completed and cleared, can be found at: https://fns-prod.azureedge.net/sites/default/files/snap/Manual-Voucher-Process.pdf
    • Even more options:
      • For a farmers market with a POS system (the farmers market could be closed or open) with farmers distributing boxed shares, the farmers market could collect the SNAP payments and distribute those funds to the farmers.
      • Revolving loan funds can facilitate farmer payment upfront but allow for weekly/biweekly payments from customers

Steps to safely use the POS machines – this info is from Community Involved in Sustaining Agriculture (CISA). 

• Some things home delivery and no contact pick-up have been doing: 
• Scheduling a drop-off during a time when someone is home and handling EBT transactions then, while adhering to social distancing like placing the machine down, stepping away, customer picking up and swiping/entering, placing it back down and backing away. 
• Sanitizing the machines after each use, offering gloves to recipients, and reminding customers in general to wash their hands. 
• Having an authorized user of your card receive the delivery or shop for you. 

• The latest from DC (4-18-20): The Congressional response to COVID-19 has left out farmworkers and other essential workers in many key ways. We are working to support the efforts of farmworker organizations to move forward their priorities of hazard pay during the pandemic, better health and safety guidelines for farmworkers, and access to medical care and financial support in future bills.   
• What we’re working on: We joined allied groups in sending a letter to OSHA demanding health and safety guidelines that put the wellbeing of essential workers in the food system at the forefront. We have also signed on as a supporter of the COVID Immigrant Families Relief Act. We signed on to a group effort to include all workers, regardless of immigration status, in the Medicaid expansion and the $1200 benefit prior to the passage of the CARES Act. Check out our blog post on farm workers and COVID here.
• More Info: If you are a farm worker and have been laid off or your hours have been cut, unemployment insurance may be an option. Now self-employed people and gig workers can apply for unemployment benefits, too. Apply through your state’s website. Note that since unemployment enrollment is at an all-time high, call wait times are very high and website stability has been iffy. There are some other tips for applying for unemployment here.
• For farm workers who do not have a social security number or alien resident card, options are far more limited, sadly.

 If you have been laid off or your hours have been cut, unemployment insurance may be an option. Now self-employed people and gig workers can apply. Apply through your state’s website. Note that since unemployment enrollment is at an all-time high, call wait times are very high and website stability has been iffy. There are some other tips for applying for unemployment here.

More Info (updated 5-1-20): While FSA’s emergency loans are just for natural disasters, a more traditional operating loan (or even a microloan) might be helpful. The interest rate is lower for the operating loans (1.75%) than the emergency loans (2.75%) right now, anyway. Microloans can be borrowed for up to $50K and the paperwork should be quicker and a little easier than for a larger loan. We’re hearing that FSA loan offices are slow because they’re limiting the number of people in each office. Please let us know if you are having issues in accessing credit through FSA or if you are finding barriers in servicing current FSA loans.

• The latest from DC (4-18-20): There have been proposals in both the House and Senate for varying levels of student loan debt relief as part of future COVID-19 relief bills. 
• More Info: The CARES Act includes automatic suspension of payments and interest for federal student loans until September 30th. Payments should automatically stop from March 13th until September 30th.

This piece in Forbes has some advice about how you might think about handling your loans during this period.

NOTE: This section applies to residential evictions and foreclosures only. For more information on evictions and foreclosures on farmland (including if your farmland and home are combined), see “How do I keep from losing my farmland or business location?“

• • Background: States are passing eviction and foreclosure moratoriums, and the CARES Act passed on March 27, 2020 also included some protections. While we are still working to get clarity on how these measures will apply to farmland mortgages and rentals, we have outlined what we know about residential eviction and mortgage protections below along with some resources that may help. It is important to note that things are changing rapidly and many of the measures below will be temporary. Thank you to the folks at the Farmers’ Legal Action Group for developing this comprehensive guide, which we have used to provide much of the text below.
  • CARES Act: The CARES Act includes two protections for borrowers with residential loans: (1) a moratorium on foreclosures; and (2) the right for a borrower to request forbearance on loans. 

• What are the requirements? To receive foreclosure and forbearance protections under the CARES Act, the mortgage loan must be federally backed. In general, to be a federally backed mortgage, the loan must either be made, insured, or guaranteed by the government, or the loan must be made and then purchased or securitized by Fannie Mae or Freddy Mac. In addition to being federally backed, in order to qualify for relief under the CARES Act, a loan must be secured by a lien on residential real property.
• How do I find out if my loan is covered? Half of the home mortgages in the country are federally backed by Fannie Mae and Freddie Mac, so chances are good that your home mortgage might be protected. According to the federal Consumer Financial Protection Bureau, the bank/servicer has an obligation to help you to find out who holds or backs your mortgage. No matter who your lender is, reach out to see what options are available for you. Many lenders are also offering forbearance temporarily while many people in situations like yours sort out tricky financial situations, even if those loans aren’t backed by Freddie Mac or Fannie Mae. 
• How does the moratorium work? The foreclosure moratorium stipulates that for eligible borrowers, the lender may not start a foreclosure process for the loan, ask a court for a foreclosure judgment or for an order to sell the property, or execute a foreclosure-related eviction or foreclosure sale. The moratorium applies for not less than sixty days beginning on March 18, 2020.
• What is forbearance and how do I request it? Forbearance means you do not need to make payments on your loan. It can last up to 180 days and be extended for an additional 180 days if you request an extension. Interest will continue to accumulate, but you will not be charged fees or penalties. Send a request for forbearance to your loan servicer and tell them that you are experiencing financial hardship, either directly or indirectly caused by the COVID-19 emergency.
• What is forbearance vs. deferment? You might have heard these two words tossed about a lot since the start of the COVID-19 outbreak. While the federally backed mortgages are required to offer forbearance, other loans might offer deferment. The terms of the forbearance or deferment are important because  sometimes interest is paused or sometimes it might still accrue. Sometimes  payments could be tacked onto the end of your loan term or due in a lump sum when the deferment period is over. How your exact forbearance or deferment will work is very important to understand because you may not want to agree to a deferment that will require you to pay all of the deferred months’ payments in a lump at the end of a deferment time. Talk with your bank to fully understand the details.
• Rural Development Loans: Direct and Guaranteed loans through Rural Development’s Rural Housing Service are also eligible for foreclosure protections. Borrowers under this program may also request a Payment Assistance Package.
  • Read more about these protections here.
• State eviction and foreclosure protections: Protections vary greatly by state, and in some cases states have left the decision of whether to extend foreclosure and eviction protections up to cities and counties. The following resources may help you better understand what is happening where you live.
• This spreadsheet, compiled by individuals associated with Columbia Law School and universities, provides state-by-state information on eviction rulings and executive orders, and is being updated regularly.
• The National Consumer Law Center is providing state-by-state summaries of eviction and foreclosure measures.
• An example of a state-specific resource that may be helpful is this website for Virginia; other states may be developing similar resources.
• Your landlord’s mortgage may be covered by Fannie Mae or Freddie Mac (see above) and they may be able to pass that protection onto you. Reach out to your landlord if you’re having a hard time paying your rent and try to work with them to come to an understanding. 
• Other protections: Credit card companies, small business lenders, and auto lenders may also be flexible at this time, so if you are finding yourself unable to pay debts, contact your lender.

From Farm Commons: “A person who is offered the opportunity to return to their job but refuses to take the work and continues to draw unemployment is technically committing fraud on the system. Employers are generally under an obligation to report the fraudulent usage of the system where they are aware of it. Also, there is allowance for a partial return to work. Usually, as a person on UI benefits returns to work part-time, their benefits are reduced. The benefit is usually reduced in proportion to the amount earned- if you earn $300 in a week in state UI benefits, your benefits drop by $300 in a week. But, this is complicated by the $600 per week. Because the $600 per week is a federal ‘bonus’ it doesn’t work the same way.  You get the $600 per week if you have a current, valid UI claim related to COVID-19 (a PUA claim, to use the acronyms). Take our farm employee who is receiving say $300 per week in the state benefit and the extra $600 from the feds. As soon as they earn $300 per week, their state UI benefit goes to $0 and they no longer have a state benefit claim for that week. Because they have no state claim, they have no federal claim, and so no $600 per week. If they only earn $150, and they are still collecting the $150 in the state benefit, they still receive the $600 per week. (again, this is general- some states may cut off a state claim before it goes to $0).”

In short: Your potential employee may very well be getting more in unemployment than you could pay them and some or all of that employment might go away if they started working. They should technically start working if they’re offered a reasonable, safe job, but I think we can understand this person’s perspective. Basically, you could report them, hire someone else, or maybe work with this person to figure out a part-time schedule that “works for their needs.”

• During normal times, you can be “underemployed” and still receive some Unemployment Insurance (UI) benefits. Each state has a different rule for how much money you can earn while receiving UI benefits. Under regular times, if this employee had been making $70,000 in a past job and is now making $13 an hour, they might still get some UI benefits, but they’d be reduced since the employee was earning a wage.

There are a few other unemployment programs that have come up since COVID. Here’s what we know so far:

• Pandemic Unemployment Assistance (PUA): I believe that this is like regular Unemployment Insurance, but this is the program that makes it available to gig workers, self-employed people, and some others who haven’t usually qualified for UI.
• Pandemic Emergency Unemployment Compensation (PEUC) program: In most states regular UI is for 26 weeks. This program—PEUC— extends unemployment benefits by up to 13 weeks.
• Federal Pandemic Unemployment Compensation program (FPUC): This is the program that provides $600 per week to individuals who are already collecting unemployment benefits. Basically, it seemed that it would be too difficult for the government to make a new computer program to decide how much each unemployed person should receive, so they just decided that $600 per week for everyone who is unemployed was fair. Currently, that program is expected to end on July 31, 2020. Note that even without the “regular” unemployment benefits, this $600 from the feds comes out to $14 an hour. 

So your employee may very well be getting MORE in unemployment insurance than they were making in their last role or than they would be working for you. 

• Workers are supposed to be looking for work and willing to take new jobs. Again, during non-COVID times, when you get UI benefits, you have to prove that you’re trying to get a job. That’s currently suspended, I think. If that employee’s job comes back or they’re offered a job, they’re supposed to take it. The DOL website says this: “As a general matter, individuals receiving regular unemployment compensation must act upon any referral to suitable employment and must accept any offer of suitable employment. Barring unusual circumstances, a request that a furloughed employee return to his or her job very likely constitutes an offer of suitable employment that the employee must accept.” It also states that “Individuals who quit their jobs to access higher benefits, and are untruthful in their UI application about their reason for quitting, will be considered to have committed fraud.” You could make a complaint to your DOL about this person as they’re technically breaking the rules. Probably that isn’t worth the hassle and stress. (Also, I’ve heard that it can be pretty hard to get through to the DOL right now.) 
• There’s a great Business Insider Q & A on Unemployment here.

Money has an article about working part-time and still collecting Unemployment. And the Colorado details are at this site. This non-DOL site suggests that in Colorado: “You may work part-time (less than 32 hours per week) and collect unemployment. If your wages equal or exceed your weekly benefit amount (WBA), you may not receive any unemployment payment that week. You will have an earning allowance of 25% of your WBA. If you earn more than 25%, the DOL will deduct from your benefit payment on a dollar-for-dollar basis.”

NOTE: This section applies to evictions and foreclosures on farmland, including cases where your home and land are combined. For more information about residential eviction and foreclosure protections, see “How do I keep from losing my home?”

• • Background: States are passing eviction and foreclosure moratoriums, and the CARES Act passed on March 27, 2020 also included some protections. While we are still working to get clarity on how these measures will apply to farmland mortgages and rentals, we have outlined what we know below, along with some resources that may help. It is important to note that things are changing rapidly and many of the measures below will be temporary. Thank you to the folks at the Farmers’ Legal Action Group for developing this comprehensive guide, which we reference heavily below, and to Sarah Vaile and Rachel Armstrong at Farm Commoons, who provided additional analysis. For more background about the impact that the COVID-19 crisis is having on farmland along with our recommendations for individuals, organizations, and policy-makers, see our blog series, “Keeping Farmers on the Land in COVID-19.”

• Note: Farmland is typically considered commercial property, which is the key distinction excluding it from many residential eviction and foreclosure protections that are being passed. 

• CARES Act: According to the FLAG guide, “The CARES Act mandates a foreclosure moratorium and loan forbearances for some federally backed residential mortgages. As the rules for these programs are currently being interpreted, it is unlikely that they will apply to most farm mortgages, even if those mortgages include a farm homestead.” However, they point out that, “If a farm has a mortgage that only covers a residence—and not a large part of the farmland—that mortgage could be eligible for the CARES Act mortgage forbearance and foreclosure moratorium.” You can read more detail of their analysis beginning on page 22 of the guide.

• • FSA Loans: The guide from FLAG also summarizes steps FSA has taken to stall foreclosures, including “the suspension of some direct loan accelerations and foreclosures,” and considering “allowing temporary deferrals of loan payments for guaranteed loans.” The guide also points out that “In general, USDA will follow state law for foreclosures”—this is an important note, because it means FSA foreclosures may still be allowed in your state. As the folks at Farm Commons explained to us, each state has its own rules on foreclosure—some require them to go through the courts (judicial), while others allow foreclosure to happen outside the courts (non-judicial). Since FSA has only temporarily suspended non-judicial foreclosures, it means that judicial foreclosures could still occur in states that are allowing them. The footnote on page 32 of FLAG’s guide goes into more detail about different types of foreclosure and how FSA operates. For more information about FSA provisions, see this section of our FAQ or visit USDA’s landing page, which includes updates on FSA loan programs.

• Farm Credit Loans: According to this resource, developed by the Food and Beverage Law Clinic at the Pace University Law School, “The Farm Credit Administration is encouraging lenders in the Farm Credit System to work with borrowers affected by COVID-19 to extend the terms of loan repayments, restructure debt obligations, and ease some loan documentation or credit extension terms for new loans. Farmers who are having difficulty paying debts owed under the Farm Credit System can contact their local Farm Credit lenders. If the lender is not providing necessary flexibility, farmers may also consider contacting the Farm Credit Administration directly at 703-883-4056 (Voice & TTY) or info-line@fca.gov.”

• State Protections: State eviction and foreclosure protections vary widely, and whether farmland rentals are covered under them depends on how they are worded and interpreted. Since farmland is typically considered commercial property, farmland renters will likely only be protected from eviction if commercial property—or agricultural real property—is specifically included in the state’s eviction ban. Some states have enacted eviction bans through legislation, while others like Vermont have so far just issued a temporary executive order.

• • • The National Consumer Law Center is providing state-by-state summaries of eviction and foreclosure measures. An example of a state-specific resource that may be helpful is this website for Virginia; other states may be developing similar resources.
    • This spreadsheet, compiled by individuals associated with Columbia Law School and universities, provides state-by-state information on eviction rulings and executive orders, and is being updated regularly.

• In the states that have enacted eviction bans, a few general categories seem to be emerging from analysis done by Farm Commons of the spreadsheet above:

• (1) Including both residential and commercial property in bans (e.g. Oregon and New York); 

• (2) Only including residential property (e.g. Kansas, Illinois, and Texas); 

• (3) No apparent distinction between commercial and residential (e.g. Kentucky and Tennessee), leaving it to be determined whether farmland would be covered; and 

• (4) Leaving it up to cities and counties whether they will ban evictions (e.g. California, where it appears that of the few that have enacted bans, they seem to be just residential). 

• According to FLAG, at least one state—Iowa—has included “agricultural real property” in its temporary suspension of foreclosure proceedings. 

Land Loss Prevention Resources: The Heirs’ Property Retention Coalition has a list of organizations working to provide resources and assistance to help mitigate land loss as a result of heirs’ property, including the  Land Loss Prevention Project, Federation of Southern Cooperatives/Land Assistance Fund, and Center for Heirs’ Property Preservation.

• More info: From what we are hearing, most land-related transactions—including loans, leases, purchases, and conservation easements—that were initiated before the COVID-19 crisis are proceeding. However, you may experience delays or barriers to accessing financing for new land purchase projects as lenders are moving operations online, and title and deed searches are being complicated by office closures. In addition, many land use decisions are made by planning and zoning boards, which typically meet in person. Canceled or postponed meetings may present delays in things such as building projects, and create barriers to land purchases that require subdivision or other approval. 

• State guidance: Some states have issued guidance affecting real property transactions. For example, New York’s executive order stipulates that lawyers may continue to work, as long as it is remote, and any in-person work must be limited to only what is absolutely necessary in support of essential businesses. The order also states that real estate services—including title searches, appraisals, permitting, inspections, along with recording, legal, and financial services—should be conducted remotely, although services may be conducted in-person to the extent legally necessary and in accordance with social distancing and disinfecting protocols. The order provides specific guidance that real estate brokerage offices must be closed to the public, including clients.

• Resources
  • Soul Fire Farm’s Reparations Map provides a platform to facilitate reparations for Black, Latinx, Indigenous, Asian, and/or People of Color. See Soul Fire Farm’s website for more information about the map and how to include your project.
  • Young Farmers’ existing guidebooks, including one on working with land trusts and one on Farm Service Agency (FSA) loan programs, may be of help.
  • Our Finding Farmland online course includes interviews, resources, and information about various aspects of land access. It also links to our Finding Farmland Calculator Tool. Both resources are available in English and Spanish.
  • Many other organizations have helpful land access resources, a number of which are linked from our Finding Farmland Online Course mentioned above. For assistance connecting with a resource in your area, email our land team: land@youngfarmers.org.

The COVID-19 pandemic is highlighting the essential role of farmers, farm workers, and all those who support our food system. The conversation about the value of food, and how we access it, is just now coming into focus for many Americans. As we scramble to feed our communities, protect growers, and stabilize supply chains, we must also talk about how access to land is an essential element of community stability, health, and well-being.

Our Land Access team is working on a three-part series on the impacts of the COVID-19 crisis on land access and security for farmers. The first post outlines potential impacts of the crisis on farmland; the second provides strategies to help keep farmers on the land; and the third suggests potential policy solutions. 

Read Part 1

The latest from DC (5-1-20): Unfortunately, there are not specific provisions or set-asides for farmers of color in the current programs. We are advocating for adaptations to the heirs property relending program in the next phase of COVID-19 funding.

More info: See above for information for farm workers.

This is an unquestionably difficult time for everyone, especially farmers and farm workers. Farm Aid (their hotline number is 1-800-FARM-AID) and other state-based orgs are working to be a mental health resource for farmers. 

Please visit the mental health section of our COVID resource library for other important and state-specific mental health resources.