Ask a Lawyer
By: Steven M. Williams
Question:
As an employer, can I require that my staff all get the COVID-19 vaccine?
Answer:
The short answer is yes. The EEOC has stated that employers can require employees to get the vaccine to return to work. This is consistent with various examples of past similar circumstances where the EEOC and/or OSHA have allowed employers to require vaccines. Of course, the full answer is not that simple, and you may not have the ability to actually require that every employee get vaccinated. First, it may be a while before the vaccine is available to everyone, and once it is available, some employees may have difficulty getting the vaccine due to demand.
Second, at least two federal laws may be implicated in your mandate. For example, under Title VII of the Civil Rights Act of 1964, an employee could refuse the vaccine on religious grounds if he has a sincerely held belief against taking vaccines. Also, under the Americans with Disabilities Act, an employee could assert that he has a disability that prevents him from taking the vaccine (e.g., sensitivities, allergies, anxiety). The Pennsylvania Human Relations Act has similar protections. If an employee were to raise either of these issues, you would be required to consider whether a reasonable accommodation can be granted to the employee. This could be a modification to his schedule or allowing remote work so that he can avoid contact with your other employees.
Another factor that should keep in mind is that if you mandate that employees get the COVID-19 vaccine and an employee suffers complications from it, the employee may be able to establish that the complications are illness or injuries caused by his employment. This would mean that the employee may have a workers’ compensation claim.
Question:
I have gone through the abandonment process for a home in my community, and I am about halfway through the 60-day disposal notice period. The porch on the home is falling apart, and I am concerned about the safety of my other residents if it deteriorates more. Can I remove the porch to prevent injuries from occurring?
Answer:
Until you have completed the abandonment process, including waiting the entire 60-day disposal notice period, you have no rights to the home. Thus, you cannot do anything with the home that an owner would be entitled to do. However, in this specific case, where there is a risk of danger to others, you can take reasonable actions to prevent injuries. If you can do this by simply securing the porch, then a complete removal would not be proper. However, if the porch is in such a condition that its complete removal is all that will ensure safety, then you should be safe doing so. In any event, I suggest that you document, with photos and video, the “before” condition of the porch and the work that you do so that you can defend a claim, if made, that your efforts were unreasonable or more than was necessary.
Question:
I filed an eviction complaint against one of my tenants but never received a hearing notice. So, I missed the hearing date. The tenant owes me four months’ rent, which I want to collect, and I want her out. Do I have any recourse?
Answer:
The answer to your question depends on what the MDJ did when you missed the hearing. There are various scenarios. First, if he dismissed your complaint, then you can simply file another one. If, however, he held the hearing in your absence, ruled against you, and entered judgment for your tenant, then you will have to file an appeal at the County Court of Common Pleas. As you may know, an appeal from a possession judgment must be filed within ten days after the date of the judgment. If you missed the appeal date, you have two options, depending on whether you still want possession: First, if you don’t care about possession, you can still appeal, within 30-days from the date of the judgment, on the money portion of the judgment. Second, if you still want possession, then you will have to file a petition with the Court of Common Pleas asking for permission to file a late appeal. If you can show good cause for missing the appeal date, you may be granted additional time to file an appeal. Absent good cause shown, however, you will likely have lost your chance of evicting the tenant based on the prior rent claim. Of course, nothing will prevent you from filing another eviction complaint if your tenant fails to pay rent in the future.
Question:
I have a tenant who just told me that he is disabled and needs to move in with his parents, who are better able to take care of him. I have an early termination procedure in my lease that requires that tenants who terminate early have to pay a lease termination fee. My tenant told me that it is illegal for me to charge him this fee. Is he correct?
Answer:
Under fair housing laws, the waiver of lease termination notices and fees are sometimes considered to be reasonable accommodations that landlords must offer. If your tenant is disabled and needs to relocate due to the disability, then you will likely have to waive the termination fee. If, however, you can show that this would create an undue financial burden, you would be able to insist that he pay the fee. Proving an undue financial burden, however, can be difficult and would require that you “open up your books” to show how the fee waiver would impact your financial position.
