June 30, 2020 Dear NYSAR members, On June 24, 2020, Governor Cuomo signed Executive Order #205 (EO). The EO places a 14-day quarantine restriction on individuals that enter New York on or after 12:01 a.m., June 25, 2020. The EO impacts licensees if their client/customer is subject to the quarantine restriction. 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impacted jurisdictions on its website and such travel advisory will be effective at 12:01 a.m. on June 25, 2020, until rescinded by the Commissioner.
Here is the link to the DOH website showing the “impacted jurisdictions”: https://coronavirus.health.ny.gov/covid-19-travel-advisory Please take note that “impacted jurisdictions” may change depending on the severity of COVID-19 related cases in the “impacted jurisdiction.” Licensees should check the aforementioned website on a regular basis. As of 12:00p.m. 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
Real estate licensees should not conduct showings where any party entered New York after 12:01a.m. on June 25, 2020 from one of the “impacted jurisdictions”. This includes not only buyers/tenants but also sellers or occupants of 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.
NYSAR created a new form that can be utilized in support of the update. NYSAR has added an additional question to the “COVID-19 HEALTH SCREENING QUESTIONNAIRE” and renamed it the “COVID-19 HEALTH SCREENING & TRAVEL ADVISORY QUESTIONNAIRE”. NYSAR recommends replacing the original screening questionnaire with the new one so licensees also inquire about clients/customers/individuals traveling to/from other states. The new form also contains the link to the DOH website. You can download that format at https://nysar.us12.list-manage.com/track/click?u=890c3acd093da51fc947b4b1c&id=586936555d&e=9f265008a0
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, 9:00a.m.-4:00p.m. at 518-436-9727 or 518-43-NYSAR. Call the Hotline: 1-888-364-3065
