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This guide is for your general information only and is not intended to constitute legal advice. This information is evolving rapidly, and we cannot guarantee it will always be current. We encourage you to check the following New York State website for the most up-to-date information: https://governor.ny.gov

 

Executive Order 202.28 - May 7, 2020

  • Upon tenant consent, security deposit can be used towards rent

    • "Landlords and tenants or licensees of residential properties may, upon the consent of the tenant or licensee, enter into a written agreement by which the security deposit and any interest accrued thereof, shall be used to pay rent that is in arrears or will become due."

    • "It shall be at the tenant or licensee’s option to enter into such an agreement and landlords shall not harass, threaten or engage in any harmful act to compel such agreement."
    • "Any security deposit used as a payment of rent shall be replenished by the tenant or licensee, to be paid at the rate of 1/12 the amount used as rent per month. The payments to replenish the security deposit shall become due and owing no less than 90 days from the date of the usage of the security deposit as rent."
  • No late fee or charges on past due rent

    • "No landlord, lessor, sub-lessor or grantor shall demand or be entitled to any payment, fee or charge for late payment of rent occurring during the time period from March 20, 2020, through August 20, 2020."

  • No eviction proceedings, or foreclosures, for nonpayment or rent or mortgage due to financial hardship caused by COVID-19, for sixty days

    • "There shall be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any residential or commercial mortgage, for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020."
  • Schools closed for the remainder of the school year

    • "Executive Order 202.11 is hereby continued to provide that all schools shall remain closed through the remainder of the school year."

 

Executive Order 202.23- April 24, 2020

  • All voters shall be sent an absentee ballot

    • Modified "Section 8-400 and any provision of Article 9 of the Election Law in order to provide that every voter that is in active and inactive status and is eligible to vote in a primary or special election to be held on June 23, 2020 shall be sent an absentee ballot application form with a postage paid return option for such application.  This shall be in addition to any other means of requesting an absentee ballot available, and any voter shall continue to be able to request such a ballot via phone or internet or electronically."
  • State Assembly and State Senate Special Elections are cancelled

    • "The state assembly and state senate special elections, which are otherwise scheduled to be held on June 23, 2020 are hereby cancelled and such offices shall be filled at the general election."

 

Executive Order 202.18- April 16, 2020

  • Not-for-Profit Annual Meetings are able to be held remotely or by electronic means

    • Temporarily modifying "Section 603(b) of the Not-for-Profit Corporations Law to the extent necessary to permit annual meetings of members to be held remotely or by electronic means"

  • Anyone over age of two and able to wear a face covering shall do so while using public transportation

    • "Any person utilizing public or private transportation carriers or other for-hire vehicles, who is over age two and able to medically tolerate a face covering, shall wear a mask or face covering over the nose and mouth during any such trip; any person who is operating such public or private transport, shall likewise wear a face covering or mask which covers the nose and mouth while there are any passengers in such vehicle. This directive shall take effect in the same manner as Executive Order 202.17, at 8 p.m. on Friday, April 17, 2020."

  • No non-essential gatherings and all in-person business restrictions are continued until May 15, 2020

    • All prior executive Orders "which each closed or otherwise restricted public or private businesses or places of public accommodation, and which required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings or other social events), is hereby continued, provided that the expiration date of such provisions of such Executive Orders shall be aligned, such that all in-person business restrictions and workplace restrictions will be effective until 11:59 p.m. on May 15, 2020, unless later extended by a future Executive Order."
  • Schools closed until at least May 15, 2020

    • All prior executive Orders "which extended the directive contained in Executive Order 202.4 as amended by Executive Order 202.11 related to the closure of schools statewide is hereby continued to provide that all schools shall remain closed through May 15, 2020, at which time the continued closure shall be re-evaluated."

 

Executive Order 202.17 - April 15, 2020

  • Anyone over the age of two is required to wear a face-covering in public when not able to maintain social distancing

    • "Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance." 

 

Executive Order 202.16 - April 12, 2020 

  • Suspension of laws creating landlord/tenant relationship between those housed for up to 30 days after being displaced by Covid-19

    • Any law or regulation is "suspended and modified to the extent that such laws would otherwise create a landlord tenant relationship between any individual assisting with the response to COVID-19 or any individual that has been displaced due to COVID-19, and any individual or entity, including but not limited to any hotel owner, hospital, not-for-profit housing provider, hospital, or any other temporary housing provider who provides temporary housing for a period of thirty days or more solely for purposes of assisting in the response to COVD-19"

  • Face-coverings must be provided by workplace, at the expense of the business

    • "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."

 

Executive Order 202.15 - April 9, 2020

  • Postponing of Public Hearings, unless held remotely

    • "Any local official, state official or local government or school, which, by virtue of any law has a public hearing scheduled or otherwise required to take place in April or May of 2020 shall be postponed, until June 1, 2020, without prejudice, however such hearing may continue if the convening public body or official is able to hold the public hearing remotely, through use of telephone conference, video conference, and/or other similar service."

 

Executive Order 202.14- April 7, 2020

  • Will signatures may be witnessed remotely

    • The acts of Witnessing under New York Estates Powers and Trusts Laws that are "required under the aforementioned New York State laws are authorized to be performed utilizing audio-video technology provided that the following conditions are met:
      • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
      • The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
      • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
      • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
      • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution."

 

Executive Order 202.13 - March 30, 2020

  • Nominating/Designating Petitions for any office pursuant to Election or Education Law are Postponed

    • “Circulation, filing, and collection of any designating petitions, or independent nominating petitions for any office that would otherwise be circulated or filed pursuant to the Election Law, Education Law or any other consolidated law for any office commencing March 31, 2020 are hereby postponed.”

 

Executive Order 202.11 - March 27, 2020

  • Community College 30 Day Certificate of Residence Requirement Modified

    • “suspends the thirty-day requirement for submission of certificates of residence to community colleges in New York State, and to allow for electronic mail and mail by post applications for certificates of residence in every county for the duration of the COVID-19 emergency”
  • Vehicle Inspection Extension in Certain Circumstances

    • “toll for a 30-day period corresponding to the duration of this Executive Order the requirement of a vehicle inspection within a period of six months last preceding, only for those vehicles voluntarily placed out of service due to the COVID-19 outbreak”
    • “Suspends Subdivision (a) of Section 301 of the Vehicle and Traffic Law, to the extent that it require annual safety inspections and at least biennial emissions inspections, so that vehicles may continue to  be lawfully operated after the expiration of inspection certificates that were valid as of the date of this order but that expire hereafter”

 

Executive Order 202.10 - March 23, 2020

  • No Non-Essential Gatherings

    • “Non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or other social events) are canceled or postponed at this time.”

 

Executive Order 202.9 - March 21, 2020

  • Bank Loan/Mortgage Forbearance

    • “it shall be deemed an unsafe and unsound business practice if, in response to the COVID-19 pandemic, any bank which is subject to the jurisdiction of the Department shall not grant a forbearance to any person or business who has a financial hardship as a result of the COVID-19 pandemic for a period of ninety days”

 

Executive Order 202.8 - March 20, 2020

  • Driver’s Licenses/ IDs Set to Expire Temporarily Extended

    • “extend for the duration of this executive order the validity of driver’s licenses that expire on or after March 1, 2020”
    • “extend for the duration of this executive order the validity of non-driver identification cards that expire on or after March 1, 2020” (Non-Identification Cards)
  • Registrations/Temporary Set To Expire Temporarily Extended

    • “extend for the duration of this executive order the validity of such registration certificate or number plate that expires on or after March 1, 2020”
    • “Section 420-a of the vehicle and traffic law to the extent that it provides an expiration for temporary registration documents issued by auto dealers to extend the validity of such during the duration of this executive order.”
  • Notice and Physical Corporation Meeting Requirements Suspended

    • Suspends “Subsection (a) of Section 602 and subsections (a) and (b) of Section 605 of the Business Corporation Law, to the extent they require meetings of shareholders to be noticed and held at a physical location.”
  • In-Person Workforce Reduced

    • “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”
  • DMV Appointments Cancelled

    • “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.”
  • Evictions and Foreclosure Proceedings Suspended

    • “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.”

 

Executive Order 202.6 - March 18, 2020

  • New Temporary Rules Regarding Notary Signatures

    • Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
    • The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
    • The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
    • The person must affirmatively represent that he or she is physically situated in the State of New York;
    • The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
    • The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
    • The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.

 

Executive Order 202.3 - March 16, 2020

  • Gyms, Fitness Centers, Movie Theaters Closed

    • “Any gym, fitness centers or classes, and movie theaters shall also cease operation effective at 8 pm on March 16, 2020 until further notice.”

 

Executive Order 202.1 - March 12, 2020

  • Public Assistance Screenings Over the Phone

    • Suspends certain statutes to the extent necessary to allow public assistance “screenings to be conducted by telephone”
  • Criminal In Person Appearances Now Limited

    • Suspends certain statutes to the extent necessary to allow Courts “in their discretion, to dispense with the personal appearance of the defendant, except an appearance at a hearing or trial, and conduct an electronic appearance in connection with a criminal action pending in any county in New York State, provided that the chief administrator of the courts has authorized the use of electronic appearance due to the outbreak of COVID-19, and the defendant, after consultation with counsel, consents on the record. Such consent shall be required at the commencement of each electronic appearance to such electronic appearance.

 

Executive Order 202.1 - March 12, 2020

  • Suspension of Law to Allow the Attendance of Meetings Telephonically or Similar Service:

    • “Article 7 of the Public Officers Law, to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in-person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed”

 

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