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ARTICLE · 15 JANUARY 2021

Issues For Cooperatives In The Paycheck Protection Program

When the Paycheck Protection Program was enacted as part of the CARES Act in March 2020 there was considerable uncertainty as to whether residential cooperatives were eligible to participate.

United StatesCoronavirus (COVID-19)

When the Paycheck Protection Program (PPP) was enacted as part of the CARES Act in March 2020 there was considerable uncertainty as to whether residential cooperatives were eligible to participate.  Eventually, the Small Business Administration advised lenders that neither cooperatives nor condominiums were eligible.

The Consolidated Appropriations Act of 2021, signed into law on December 27, 2020, appropriated additional funding for the PPP and specifically added "housing cooperatives" to eligible participants. .  (Condominiums are not mentioned.) The most attractive feature of the PPP is that borrowers are eligible under certain conditions to apply for loan forgiveness.   Cooperatives may therefore want to consider an application provided that they can, in good faith, make all of the certifications required by the government as part of the application process, including a certification that "[C]urrent economic uncertainty makes this loan request necessary to

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