New Mask Guidelines
As of Wednesday, May 19, 2021, new guidance is in effect for real estate licensees pursuant to Governor Cuomo’s announcement that New York will now follow CDC guidelines. Licensees who are fully vaccinated and are not otherwise restricted by business, workplace, or consumer requirements may perform real estate activity without a mask if all parties present are also fully vaccinated.
The most recent version of the CDC “Interim Public Health Recommendations for Fully Vaccinated People”, 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).
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.” This section 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 vaccinations of licensees and their clients entering the property for the purpose of a showing or open house. If proof of vaccination is not provided, the sellers, landlords, etc. could deny entry to those individuals. It is up to the individual or business owner as to whether to require masks indoors.
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 unvaccinated. Unvaccinated or not fully vaccinated individuals, under both CDC and state guidance, must wear masks in all public settings and 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 is not fully vaccinated or unvaccinated.
Business Mask Rules
Given that the CDC has advised that fully vaccinated individuals do not need to wear masks and over 52 percent of New Yorkers over the age of 18 are fully vaccinated, the State will authorize businesses to continue to require masks for all in their establishments, consistent with the CDC guidance. In most settings, vaccinated individuals will not be required to wear a mask. Unvaccinated individuals, under both CDC and state guidance, must wear masks in all public settings.
The Department of Health strongly recommends masks in indoor settings where the vaccination status of individuals is unknown. Mask requirements by businesses must adhere to all applicable federal and state laws and regulations.
Business Capacity Rules
Most business capacities — which are currently based upon a percentage of maximum occupancy — have been removed as of May 19. Businesses will only be limited by the space available for patrons or parties of patrons to maintain the required social distance of 6 feet.
However, given that the CDC has advised that fully vaccinated individuals do not need to maintain social distance, businesses may eliminate the 6 feet of required social distancing, and therefore increase capacity, only if all patrons within the establishment — or a separate designated part of the establishment — present proof of full vaccination status. Proof of full vaccination status can be provided by patrons through paper form, digital application, or New York State’s Excelsior Pass.
For areas where the vaccination status of individuals is unknown and for patrons who do not present proof of full vaccination status, the required social distance of 6 feet still applies until more New Yorkers are fully vaccinated. This change will apply across all commercial settings, except the exempt settings outlined by the CDC.
Useful Links
Click here for NYS guidance
Click here for CDC Interim Public Health Recommendations for Fully Vaccinated People
Click here for CDC Guidance for Unvaccinated People
Click here for NYSAR’s FAQ