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Implementing CDC Guidance” to replace the guidance under Phase 2, meaning that Phase 2 requirement/regulations are no longer in effect. The ESD reopening guidance can be found here. For further information on the new guidelines please see: NYSAR FAQs
New CDC Guidance
If the new guidance is followed by a business/brokerage/homeowner:
If the new guidance is NOT followed by a business/brokerage/homeowner:
The prior rules relating to masks, social distancing, cleaning/disinfecting will apply.
Children under the age of 12: Children who are not yet vaccine eligible, and under the age of 16 who have not yet been able to be vaccinated, may accompany a fully vaccinated adult.
Vaccination Proof
A business 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). If a party refuses to supply proof of vaccination upon request, they are to be considered unvaccinated.
Use of Masks/Social Distancing
The ESD interpretation of the CDC guidance provides that individual businesses/brokerages/homeowners can choose to require masks of all individuals regardless of vaccination status. Further, the guidance indicates that federal/state/local governments may impose stricter standards.
Conducting Open Houses and/or Showings
NYSAR has indicated that sellers, landlords etc. may decide to continue to require all parties to wear masks in order to enter the property for the purpose of a showing or open house or they may apply the new guidance. This should be determined in advance of a showing or open house.
Agents should discuss with the homeowner if they are going to apply the new CDC guidance or continue to follow the old rules. If they choose to follow the new guidance, the agent will need to inquire as to what proof of vaccination the homeowner is comfortable with (i.e. physical proof or self-reporting). For individuals not wearing masks, the licensee can ask for proof of vaccination prior to entering the premises. If a seller is comfortable, the listing agent can require cooperating brokers to verify that all parties are fully vaccinated. Cooperating brokers may be required to verify proof of vaccination of themselves and their clients, as the Real Property Law and the Code of Ethics requires all parties to be honest and trustworthy when interacting with other licensees and members of the public. For all unvaccinated, not fully vaccinated, or individuals not providing proof of vaccination, masks must be worn and high touch surfaces or surfaces that were touched must be cleaned and disinfected. If the seller refuses to require proof of vaccination, the old rules will apply and all parties must wear masks and maintain 6 feet of social distancing.
NYSAR states that a homeowner cannot refuse a party access to the property based upon lack of vaccination, but they should require the use of masks, social distancing, and cleaning of high touch areas. If anyone refuses to wear a mask when required, that person should not be permitted access to the premises.
COVID-19 Documents
Licensees may choose to discontinue use of the NYSAR COVID-19 Health Questionnaire or COVID-19 Disclosure Form; however, they may still be used if desired.
Cold Calling
The Governor has extended to State of Emergency in New York to June 24, 2021. This means that the cold calling prohibition is still in effect.
*Current CDC guidance indicates that individuals are considered fully vaccinated for COVID-19 ≥2 weeks after they have received the second dose of a 2-dose series vaccine, or ≥2 weeks after they have received a single dose vaccine. Those vaccine recipients who have not waited the required ≥2 week interval are not considered fully vaccinated. This includes children not yet eligible for vaccination. The CDC guidance can be found here.
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