On Thursday, August 20, Gov. Andrew M. Cuomo signed executive order
202.57 extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until September 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or renegotiate their leasing terms to avoid eviction proceedings and foreclosures moving forward. https://www.governor.ny.gov/news/no-20257-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
|7/16/20: Governor Cuomo issued Executive Order Number 202.52 - all restaurants and bars statewide will be subject to new requirements that they must only serve alcohol to people who are ordering and eating food and that all service at bar tops must only be for seated patrons who are socially distanced by six feet or separated by physical barriers. Under current NYS law, only establishments that serve food are permitted to serve alcoholic beverages. The purpose of the requirement that food be sold with alcohol is to restrict congregating and mingling that arise in a bar service/drinking only environment.
|7/9/20: Department of Health Emergency Regulations, Enforcement of Social Distancing Measures. 10 NYCRR Subpart 66-3 is intended to codify, and assist in the enforcement of, existing Executive Orders mandating face coverings, social distancing requirements, restricting non-essential gatherings, and the operation of non-essential businesses:
|6/4/20: New York State Liquor Authority Guidance on Outdoor Expansion of Licensed Premises in Response to COVID-19 Outbreak:
|6/1/20: Governor Andrew M. Cuomo announced that New York dentists can reopen statewide on June 1,2020. Dentists' offices will be subject to state guidance on best practices for safety and social distancing.
|5/29/20: Governor Cuomo issued Executive Order Number 202.35, which directs matters around Phase 2 Industries:
|5/28/20: Governor Cuomo issued Executive Order Number 202.34, which directs matters around face coverings in businesses:
|5/10/20: Governor Cuomo issued Executive Order Number 202.30, which directs matters around nursing home requirements.
|5/10/20: Governor Cuomo issued Executive Order Number 202.29, which directs matters around NYS of emergency.
|5/7/20: Governor Cuomo issued executive order 202.28, which directs matters around landlord and tenant agreements.
|5/7/20: Governor Cuomo issued executive order 202.27 that directs matters around professional licensing for health care professionals
|5/7/20: Governor Cuomo issued executive order 202.26 that directs matters around absentee ballots and adjustments to education law.
|4/29/20: Governor Cuomo issued executive order 202.25 that directs matters related to birthing centers and elective surgeries.
|4/25/20: Governor Cuomo issued executive order 202.24 that directs matters related to pharmacy testing and City Council special election cancellation:
- Pharmacy COVID-19 Testing:
- Section 6801 of the Education Law, to the extent necessary to authorize licensed pharmacists to order COVID-19 tests, approved by the Food and Drug Administration (FDA), to detect SARS-CoV-2 or its antibodies, and to administer COVID-19 tests subject to certificate of waiver requirements pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, in patients suspected of a COVID-19 infection, or suspected of having recovered from COVID-19 infection, subject to completion of appropriate training developed by the Department of Health;
- Subdivision (6) of section 571 of the Public Health Law, to the extent necessary to permit licensed pharmacists to be designated as a qualified healthcare professional for the purpose of directing a limited service laboratory, pursuant to subdivision 579(3) of the Public Health Law, to test patients suspected of a COVID-19 infection or its antibodies provided that such test is FDA-approved and waived for use in a limited service laboratory; and
|4/24/20: Governor Cuomo issued executive order 202.23 that directs matters related to absentee ballot voting, Commissioner of Health powers to revoke or suspend operating certificates of skilled nursing or adult care facilities, cancellation of June 23rd state assembly and senate special elections.
|4/12/20: Governor Cuomo issued executive order 202.16 that directs matters related to the items below: https://www.governor.ny.gov/news/no-20216-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
- No-Action or No-Filing letters for projects involving affordable housing and homeless shelters: The New York City Department of Law shall issue no-action or no-filing letters received during the duration of this executive order within 45 days from submission of such no-action or no-filing application made to the department of law for essential projects involving affordable housing and homeless shelters. For each application granted by the department of law which permits the applicant to solicit public interest or public funds preliminary to the filing of an offering statement or for the issuance of a "no-filing required" letter. The New York City Department of Finance shall process and record condominium declarations for essential projects involving hospitals or health care facilities, affordable housing, and homeless shelters within 30 days of receipt of such filing.
- Remote Caucus: Any political party, political party authority or political party official, which, by virtue of any law has a caucus scheduled or otherwise required to take place in April or May of 2020, shall be postponed until June 1, 2020, without prejudice, however such caucus may continue if the caucus is able to be held remotely, through use of telephone conference, video conference, and/or other similar service, and provided that notice for any party caucus to be held remotely shall be deemed satisfied if such notice includes specific information on remote participation and has been filed with the clerk and board of elections at least five days preceding the day of the caucus and published either by newspaper publication thereof once within the village, or on the party 's website, or through electronic mail to any previous caucus participant for which the party has an electronic mail address.
- Essential Business Employer Provision of Face Coverings for Employees effective 4/15 at 8pm: For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees. This provision may be enforced by local governments or local law enforcement as if it were an order pursuant to section 12 or 12-b of the Public Health Law. This requirement shall be effective Wednesday, April 15 at 8 p.m.
|4/9/20: Governor Cuomo issued executive order 202.15 that directs a variety of items related to bottled water distribution requirements, use of out of state prescription drug providers, department of health, elections, public hearings, use of out of state funeral directors, acceptance of digital signatures for tax collection purposes. https://www.governor.ny.gov/news/no-20215-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
|4/7/20: Governor Cuomo issued executive order 202.14 that directs a variety of insurance, financial services, real property, medical and other items. One item related to PPE is noted below: https://www.governor.ny.gov/news/no-20214-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
- Any medical equipment (personal protective equipment (PPE), ventilators, respirators, bi-pap, anesthesia, or other necessary equipment or supplies as determined by the Commissioner of Health) that is held in inventory by any entity in the state, or otherwise located in the state shall be reported to DOH. DOH may shift any such items not currently needed, or needed in the short term future by a health care facility, to be transferred to a facility in urgent need of such inventory, for purposes of ensuring New York hospitals, facilities and health care workers have the resources necessary to respond to the COVID-19 pandemic, and distribute them where there is an immediate need. The DOH shall either return the inventory as soon as no longer urgently needed and/or, in consultation with the Division of the Budget, ensure compensation is paid for any goods or materials acquired at the rates prevailing in the market at the time of acquisition, and shall promulgate guidance for businesses and individuals seeking payment.
|3/29/20: Governor Cuomo issued executive order 202.13 that directs several items related to postponements of elections and various other items. Main business related topics noted below: https://www.governor.ny.gov/news/no-20213-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
- State Non-Essential Employees
- Construction Essential Services
- Prior Executive Order Expiration Date Alignment to 4/15/20
|3/27/20: Governor Cuomo issued executive order 202.11 that directs a variety of items, with main business related topics noted below: https://www.governor.ny.gov/news/no-20211-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
- Continuing Education
- Funeral Services
- School Closures
- Occupancy Restrictions
- COVID-19 Health Guidance
|3/22/20: Governor Cuomo issued executive order 202.8 that directs:
- Effective on March 22 at 8 p.m.: All businesses and not-for-profit entities in the state shall utilize, to the maximum extent possible, any telecommuting or work from home procedures that they can safely utilize. Each employer shall reduce the in-person workforce at any work locations by 100% no later than March 22 at 8 p.m. Any essential business or entity providing essential services or functions shall not be subject to the in-person restrictions. An entity providing essential services or functions whether to an essential business or a non-essential business shall not be subjected to the in-person work restriction, but may operate at the level necessary to provide such service or function. Any business violating the above order shall be subject to enforcement as if this were a violation of an order pursuant to section 12 of the Public Health Law.
- There shall be no enforcement of either an eviction of any tenant residential or commercial, or a foreclosure of any residential or commercial property for a period of ninety days.
- Effective at 8 p.m. March 20, any appointment that is in-person at any state or county department of motor vehicles is cancelled, and until further notice, only on-line transactions will be permitted.
- The authority of the Commissioner of Taxation and Finance to abate late filing and payment penalties pursuant to section 1145 of the Tax Law is hereby expanded to also authorize abatement of interest, for a period of 60 days for a taxpayers who are required to file returns and remit sales and use taxes by March 20, 2020, for the sales tax quarterly period that ended February 29, 2020.
- The order also suspends or modifies the requirements of limitations of state court operations, modification of shareholder meetings being held in a physical location and changes to Department of Motor Vehicles related matters.
|3/20/20: Governor Cuomo Issues Guidance on Essential Services Under The 'New York State on PAUSE' Executive Order: https://www.governor.ny.gov/news/governor-cuomo-issues-guidance-essential-services-under-new-york-state-pause-executive-order
|3/19/20: Governor announces 90-Day Mortgage Relief for New Yorkers, Including Waived Mortgage Payments Based on Financial Hardship and No Negative Reporting to Credit Bureaus, Waived Fees for Overdrafts, ATMs and Credit Cards
|3/18/20: Governor Cuomo issued executive order 202.5 that includes several health care items, and also information about closures at malls and amusement-related businesses:
|3/16/20: Governor Cuomo issued executive order 202.3 that reduces the previous large gathering restrictions to large gatherings or events with more than 50 persons expected to be cancelled or postponed, restaurants and bars may only provide delivery or takeout services (off premise consumption), casinos/video lottery, gyms, fitness classes and movie theatres must close:
|3/12/20: Governor Cuomo issued executive order 202.1: Large gatherings of more than 500 people must be cancelled or postponed for a minimum of 30 days, businesses with expected gatherings of less than 500 people must operate at 50% occupancy for a minimum of 30 days, suspension of the waiting period for unemployment insurance, plus a number of other orders related to health care, nursing homes, childcare and others: