COVID-19 Resources and Videos

Government and REALTOR® Resources

5/26/21 - Updated May 19, 2021 Regulations:

The following is an update related to the implementation of CDC guidance relating to post COVID-19 business activities, as provided by NYSAR. NYSAR states that the ESD has provided “Reopening New York: Implementing CDC Guidance” to replace the guidance under Phase 2, meaning that Phase 2 requirement/regulations are no longer in effect. Click Here to Read More

 

5/21/21 - NYS publishes guidance for businesses under the reopening plan, Phase 2 no longer in effect

As part of the reopening plan, Empire State Development (ESD) has provided “Reopening New York: Implementing CDC Guidance” to replace the guidance under Phase 2. The new guidance must be used by businesses in order to be in compliance with the new reopening plan. The ESD reopening guidance can be found here.

For NYSAR members, licensees who are fully vaccinated and are not otherwise restricted by business, workplace or consumer requirements, may perform real estate activity without a mask. Also, when all parties are fully vaccinated, licensees are not required to clean/disinfect the property after a showing.

The most recent version of the CDC “Interim Public Health Recommendations for Fully Vaccinated People” dated May 13, 2021, states that individuals are considered fully vaccinated for COVID-19 ≥2 weeks after they have received the second dose in a 2-dose series (Pfizer-BioNTech or Moderna), or ≥2 weeks after they have received a single-dose vaccine (Johnson & Johnson [J&J]/Janssen.) There is currently no post-vaccination time limit on fully vaccinated status. If the individual has received the vaccination but is still within the ≥2 week period, they are considered not fully vaccinated. This includes children not yet eligible for vaccination. The CDC guidance can be found here.

The CDC guidance further states that “You can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” The emphasized section of the guidance permits federal, state and local governments to impose stricter standards on businesses and workplace as well as permitting businesses and workplaces to require masks of all individuals regardless of vaccination status. This would also permit sellers, landlords etc. to require all parties to wear masks in order to enter the property for the purpose of a showing or open house. If an individual refuses to wear a mask, the sellers, landlords etc. could deny entry to that individual. It is up to the business owner or seller/landlord as to whether to require masks of all individuals indoors.

As a result of the new reopening guidance, the Phase 2 guidance is no longer in effect. Licensees no longer need to use the NYSAR COVID-19 Health Questionnaire or COVID-19 Disclosure Form. They are not required for fully vaccinated individuals but may still be used for those individuals that are unvaccinated or not fully vaccinated. The cold-calling prohibition is still in effect until the State of Emergency is lifted.

The ESD reopening guidance sets forth the responsibilities of businesses if they choose to follow the CDC guidance and for those that choose not to.

For businesses that do not congregate customers/clients and/or that operate below the State’s social gathering limit of 250 indoors or 500 outdoors (e.g., retail, food services, offices)

If the business is implementing the CDC guidance, they may require proof of full vaccination status through paper form, digital application, or the State's Excelsior Pass. Alternatively, such businesses may rely upon self-reporting of vaccination status (e.g., honor system.) Masks are not required of fully vaccinated individuals under the CDC guidance, but it does require unvaccinated or not fully vaccinated individuals to wear masks and be socially distanced. The business may decide to apply this guidance to the entire establishment or a separate, designated part of the establishment. If the business is not following the CDC guidance, all individuals must wear masks and maintain six feet of social distancing.

This also applies to showings and open houses. A seller/landlord may not require all individuals entering the property to be vaccinated. A seller may require proof of vaccination for those individuals not wearing masks. It is up to the seller/landlord as to how the proof is provided. The seller/landlord can require the listing agent to verify or agree that the cooperating broker will. This is all up to what the seller/landlord is comfortable with. A seller/landlord may still require all individuals to wear a mask regardless of vaccination status.

Guidance for Individuals Performing Real Estate Activity that are Unvaccinated or not Fully Vaccinated

If you are fully vaccinated and refuse to show proof of vaccination, you will be considered to be unvaccinated. Unvaccinated or not fully vaccinated individuals, under both CDC and state guidance must wear masks in all public settings and try to maintain social distancing. You still need to wash your hands regularly. You still need to clean/disinfect high touch surfaces at all showings if the licensee or any client/customer is not fully vaccinated or unvaccinated.

Please monitor your email for NYSAR Flash updates if additional guidance is made available. NYSAR has published a new FAQ based on the ESD reopening guidance that can be found here.

NYSAR members with questions may contact the NYSAR Legal Hotline at 518-436-9727, Monday-Friday, 9:00a.m.-4:00p.m. at 518-436-9727.

New York State Phase 2 Opening for Real Estate

New York Forward - Reopening Guidelines and Forms

NYSAR Forms:

 

New York State: Information on Novel Coronavirus

Centers for Disease Control and Prevention (CDC)

 

New York State Department of Labor

New York State Department of Health
New York State Association of REALTORS®: COVID-19 Updates
  • 12/3 - Governor Cuomo has extended the State of Emergency to January 1, 2021. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place. Licensees are still prohibited from making any cold calls.  Real estate licensees may not make any unsolicited phone calls to a member of the public during a State of Emergency. General Business Law §399-z(5)(a) states “It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.” All other types of marketing such as mailers, billboards, social media, internet etc., are permitted. You may call a FSBO if you have an identifiable purchaser interested in the property.  You are prohibited from calling the FSBO to solicit the listing.  You may still perform business to business calls so long as you are calling the number provided as the business number.
  • 11/3 Remote Notarization On November 3, Governor Andrew Cuomo signed Executive Order 202.7 extending to December 3, 2020, the permission of electronic notarization. NYSAR supports allowing virtual notarization and has urged the governor to extend its allowance. For more information on the Department of State website, click here.
  • 10/5 Governor Cuomo Extends State of Emergency, Cold Calling Still Prohibited Governor Cuomo extended the State of Emergency to December 3, 2020.  As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.Licensees are still prohibited from making any cold calls.  Real estate licensees may not make any unsolicited phone calls to a member of the public during a State of Emergency. General Business Law §399-z(5)(a) states “It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.” All other types of marketing such as mailers, billboards, social media, internet etc., are permitted. You may call a FSBO if you have an identifiable purchaser interested in the property.  You are prohibited from calling the FSBO to solicit the listing.  You may still perform business to business calls so long as you are calling the number provided as the business number.Governor Cuomo Extends Ban on Residential Evictions
  • Governor Cuomo announced he was extending the ban on residential tenant evictions through the end of 2020. The Tenant Safe Harbor Act, which safeguards residential tenants from eviction if they are suffering financial hardship due to COVID-19, has been extended until January 1, 2021. The ban on evictions due to the pandemic has been in place since the start of the emergency declaration.
  • 11/3 Remote Notarization On November 3, Governor Andrew Cuomo signed Executive Order 202.7 extending to December 3, 2020, the permission of electronic notarization. NYSAR supports allowing virtual notarization and has urged the governor to extend its allowance. For more information on the Department of State website, click here.

NAR Coronavirus: A Guide for REALTORS®

Hudson Gateway Association of REALTORS® (HGAR)

 

SBA

 



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