Guidance to In-Person Contact with Consumers
Brokers are responsible for making sure all associated licensees follow the requirements of the Interim Guidance Document.
Travel Advisory
Pursuant to Executive Order # 205:
All travelers entering New York from a state with a positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, will be required to quarantine for a period of 14 days consistent with Department of Health regulations for quarantine.
…The Commissioner of Health in New York shall make public the impacted jurisdictions on its website and such travel advisory will be effective at 12:01 a.m. on June 25, 2020, until rescinded by the Commissioner.
Click here for details on the travel advisory from the DOH.
As of 12:00 pm on June 30, 2020, the current “impacted jurisdictions” are:
Alabama, Arkansas, Arizona, California, Florida, Georgia, Iowa, Idaho, Louisiana, Mississippi, Nevada, North Carolina, South Carolina, Tennessee, Texas, Utah.
Update from NYSAR
Real estate licensees should not conduct showings where any party entered New York after 12:01 am on June 25, 2020, from one of the “impacted jurisdictions”. This includes not only buyers/tenants but also sellers or occupants of the seller’s property that will be shown.
NYSAR strongly recommends that as part of a screening process, licensees should inquire if their client/customer has entered New York from another state on or after 12:01 a.m., June 25, 2020. The licensee should be aware of those “impacted jurisdictions” on the DOH website provided above. If the individual is from an “impacted jurisdiction,” the showing should not occur pursuant to the quarantine protocols.
It is likely that any real estate licensee that knowingly conducts a showing contrary to the guidance contained in this document may be exposing themselves to various actions (legal, DOH discipline, etc.) as well as exposing themselves and others to potential COVID-19 exposure.
Licensees should inquire with their broker as to how such screening should be implemented. The Executive Order will remain in place until further notice.
If you have any questions, please contact NYSAR’s Legal Hotline Monday-Friday, 9:00 am – 4:00 pm at 518-436-9727 or 518-43-NYSAR.
Phase 2 Guidance
Phase 2 began in the Capital Region on Wednesday, June 3rd. The Capital Region includes the following counties: Albany, Columbia, Greene, Saratoga, Schenectady, Rensselaer, Warren, and Washington.
The NYS Empire State Development agency has released guidance for real estate when a region achieves Phase 2 status.
The proprietor/owner of the real estate business or another party as may be designated by the proprietor/owner (in either case, “the Responsible Parties”) shall be responsible for meeting the standards and affirming the Detailed Guidelines.
NYSAR has developed FAQ pages specifically addressing questions REALTOR® members may have related to the opening of Phase 2 in parts of New York. This includes detailed information on who Phase 2 applies to and where REALTOR® members can find more information regarding requirements and responsibilities before re-opening.
NYSAR COVID-19 Frequently Asked Questions
Frequently asked questions relating to REALTORS® and real estate business in New York State.
NYSAR has developed a webinar to help you understand the guidance document such as what is required vs. what is a best practice. It is important for all real estate licensees to follow the guidance and help to minimize the potential of COVID-19 exposure.
Should you have any further questions, The NYSAR legal hotline is available Monday-Friday, 9:00am-4:00pm at 518-436-9727 or 518-43-NYSAR.
Business as “Usual”
COVID-19 Addendums
The addendums can be found in MLS documents on Paragon as well as in the ZipForms Statewide Forms Library.
NYSAR has developed a “COVID-19 ADDENDUM TO RESIDENTIAL PURCHASE CONTRACT.” The addendum is an agreement between the seller and purchaser to permit certain extensions and the rights of the parties to cancel the contract in the event COVID-19 related issues make it impossible or improbable to close. In the addendum, the seller and purchaser agree that the coronavirus (COVID-19) pandemic is impacting real estate transactions, transaction-related service providers, and consumers. There is a possibility that transaction-related service providers such as lenders, title/abstract companies, appraisers, home inspectors, and attorneys may be providing limited or no services as a result of COVID-19 issues. COVID-19 issues may include, but are not limited to: emergencies declared by the government, travel restrictions, mandatory closures or reduction of staff at transaction-related service providers, quarantine, exposure to or contraction of COVID-19.
An amended version of the COVID-19 Disclosure Form has been created for those regions open under Phase 2 of the reopening plan. The form retains most of its original text with a few minor amendments to reflect the requirements under Phase 2 as well as the inclusion of “landlord/tenant” on the signature line. The form should only be used by those of you practicing in any region currently open under Phase 2. If you are working on a transaction in an area still under Phase 1, the original form should be used.
Virtual Showings and Virtual Tours
Using Virtual Open Houses and Tours can make you very effective at any time. There are many free and low-cost tools to use, we have posted a few in the member messages on the MLS.
- NAR Virtual Showing/Tour Resources
- Homesnap Upcoming Live Stream Training
- LiveStream Open Houses Are Now Featured On realtor.com® Listing Pages
- ShowingTime Live
Global MLS is currently allowing Unbranded Virtual Tours in the Public Remarks. Realtor.com will allow it for a limited time and Zillow allows it.
Paragon has a new field in the Open House module: Virtual URL Field (Weblink field). This field will also be added to the search, reports, and Collab Center in Paragon. We will be refreshing the data after the update so the field will be available in all data feeds if websites accept it. If you would like your website to reflect this field, you may need to speak to your IDX provider for adjustments to your site.
The Agent to Agent Remarks on your listings can help a buyer’s agent better understand how the home will be made available to their buyers. Now is the time to use all those characters available to extol the virtues of your listing to both other agents and the public.
NY Tough
Governor Cuomo extended the State of Emergency to January 1, 2021.
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 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.
On November 3, Governor Andrew Cuomo signed Executive Order 202.7 extending to January 1, 2021, 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.
The Department is encouraging real estate licensees to complete their continuing education online. If a real estate licensee has a hardship and cannot complete their continuing education online, and their license expires in the next 45 – 60 days then they can request a 6-month extension to complete their continuing education. To apply for the 6-month extension please submit a written request to dosedmailing@dos.ny.gov.
Visit https://www.dos.ny.gov for updates and guidance.
From the DOS: Effective March 27, 2020, pursuant to Executive Order 202.11, any license issued by the Division of Licensing Services, that expires after that date, shall remain in effect until December 3, 2020. Any license holder that is eligible to renew and does not need the extension is encouraged to do so; all other license holders may rely on the above extensions. Please note licensees who submit a renewal after the expiration date printed on their license but by August 6, 2020, will see a change in their license term dates upon renewal, however, our office will maintain a record of the EO extension and your license will be considered continuous licensure for this period.
Visit https://www.dos.ny.gov for updates and guidance.
A copy of the regulation can be found HERE.
Fair Housing Disclosure Form: The new regulation 19 NYCRR 175.28 requires every licensee to provide the Fair Housing Disclosure Form to every prospective purchaser, tenant, seller or landlord (for all types of transactions: residential, commercial, vacant land, new construction etc.) at first substantive contact (the same as the agency disclosure form).
A copy of the Fair Housing Disclosure Form can be found HERE.
Fair Housing Notice: The new regulation 19 NYCRR 175.29 requires every broker’s office and branch office to post the Fair Housing Notice in the window of each broker’s office if other postings of any type are also on the window and if visible to persons on the adjacent sidewalk. If the broker’s office is unable to post in the window, the notice shall be prominently posted in the same location the business license is posted.
A copy of the Fair Housing Notice for posting can be found HERE.
New York State Tax Filing & Payment Deadline Moved
Governor Cuomo issued Executive Order No. 202.12 authorizing the commissioner of the Department of Tax and Finance to provide relief from tax filing and payment deadlines. Subsequently, the commissioner has extended the April 15, 2020, due date to July 15, 2020, for New York State personal and corporate income taxes.
Financial Assistance Resources
Click here to view the COVID-19 Financial Survival Toolkit for New Yorkers provided by the Office of the New York State Comptroller.
Pandemic Unemployment Assistance (PUA) was created as part of the recently enacted $2.2 trillion federal economic relief legislation to help certain unemployed persons impacted by COVID-19. This program offers temporary unemployment assistance to those who are unemployed, partially employed, or unable to work because of COVID-19 and are not currently eligible for regular unemployment benefits. New York REALTORS®, may, therefore, apply for benefits. These benefits may last for a period of up to 39 weeks.
To view a list of scenarios under which an individual may or may not be eligible for PUA, click here.
It’s important to note that if you have the ability to telework with pay or are receiving paid sick leave or other paid leave benefits, you will not be eligible for Pandemic Unemployment Assistance.
Note that filing days for PUA are based on the first letter of your last name. For more information, visit labor.ny.gov.
To apply, click here.
New York Forward Loan Fund (NYFLF) is a new economic recovery loan program aimed at supporting New York State small businesses, nonprofits, and small landlords as they reopen after the COVID-19 outbreak and NYS on PAUSE.
NYFLF targets the state’s small businesses with 20 or fewer full-time equivalent (FTE) employees (90% of all businesses), nonprofits, and small landlords that have seen a loss of rental income.
Small businesses may apply for the lesser of $100,000 or up to 100% of the average monthly revenues in any 3-month period from 2019 or the first quarter of 2020.
Small landlords (no more than 200 units under ownership and no single property greater than 50 units) may apply for the lesser of $100,000 or the projected reduction in 3-months’ net operating income based on actual reductions in net operating income for the month of April or May 2020.
The Small Business Administration has several relief options available.
Paycheck Protection Program
This loan program provides loan forgiveness for retaining employees by temporarily expanding the traditional SBA 7(a) loan program.
EIDL Loan Advance
This loan advance will provide up to $10,000 of economic relief to businesses that are currently experiencing temporary difficulties.
SBA Express Bridge Loans
Enables small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly.
SBA Debt Relief
The SBA is providing a financial reprieve to small businesses during the COVID-19 pandemic.