COVID-19 Updates: New York State

The Executive Order makes the following new suspensions and modifications through September 4, 2020:

• Allows the Nassau County Executive to extend the following deadlines:

• The County Assessor to complete the extension of taxes for 2020-2021 school district purposes from September 18, 2020 to October 16, 2020;

• The County Legislature to levy such taxes from September 18, 2020 to October 16, 2020;
• The County to deliver to the town tax receivers the 2020-2021 school district assessment roll and warrants from September 28, 2020 to October 26, 2020;
• The first half 2020-2021 school district taxes shall be due and payable from October 1, 2020 to November 1, 2020; and
• The first half 2020-2021 school district taxes may be paid without interest or penalties from November 10, 2020 to December 10, 2020, with payments made after such date to be subject to interest and penalties beginning on December 11, 2020.

• Extends the deadline for filing a 2020 small claims assessment review petition for property located in Nassau County to September 4, 2020.
• Suspends and modifies any law or regulation that 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.
• States that various deadlines shall be tolled during the duration of this Executive Order plus an additional period of 120 days for cooperatives, condominiums, timeshares, homeowner associations, and senior residential communities regarding closing, occupancy, acceptance of an offering statement or prospectus, mortgage recording tax etc..

The Executive Order extends through August 29, 2020 the provisions made by Executive Orders 202.46 and 202.47, unless they are superseded by a subsequent Executive Order, except:

• The directive contained in Executive Order 202.47 regarding political party proxies is amended to provide that any party committee rule in place prior to the issuance of this order that authorized more than ten proxies is in full force and effect.
• The suspensions of law allowing school budget revotes to occur on July 28, are no longer suspended.
• Any extension of the period for paying property taxes without interest or penalties is no longer in effect.

The Executive Order also retroactively extends by twenty-one days the period for paying without interest or penalty the property taxes that were due by July 1, 2020, in the Village of Atlantic Beach, Nassau County.

The Executive Order extends through August 20, 2020 the provisions made by Executive Orders 202.22 through 202.26, and 202.32, unless they are superseded by a subsequent Executive Order, except the provision authorizing the extension of payment of sales and use taxes without penalty by the Commissioner of Tax and Finance. Links to the extended Executive Orders can be found below.

Additionally, the Executive Order indefinitely extends previous directives which allowed eligible regions to enter phase four. New York City entered phase four on Monday, July 20^th; but unlike the rest of the state, indoor common portions of retail shopping malls and places of low-risk indoor arts and entertainment continue to be closed.

Executive Order 202.22

Executive Order 202.23

Executive Order 202.24

Executive Order 202.25

Executive Order 202.26

Executive Order 202.32

Through August 15^th, the Executive Order requires on-premises alcoholic beverage licensees to only serve alcoholic beverages, for consumption on or off-premise, if the beverage is accompanied by the purchase of a food item for each customer consuming alcohol.

For another thirty days, through August 5, 2020, the Executive Order continues:

• the directives made by Executive Order 202.31;
• the suspensions and directives contained in Executive Order 202.41;
• the directive contained in Executive Order 202.42, and;
• the suspensions and directives contained in Executive Order 202.43.

However, Section 5-18.0(2) of the Nassau County Administrative Code is no longer suspended or modified and any extension of the period for paying property taxes without interest or penalties pursuant to Real Property Tax Law Section 925-a is no longer in effect.

The Executive Order makes the following new suspensions and modifications through August 12, 2020:

• Reduces the required number of signatures on registered public or free association library funding petitions;
• Changes the minimum threshold requirement of signatures on nominating petitions for library trustee elections to a number equal to 70% of the minimum number required by Education Law or the governing statutory provisions of such library.

The  Executive Order amends previous Executive Orders that required the closure of all indoor common portions of retail shopping malls, to allow malls to open in regions of the State that are in phase four of reopening, so long as facilities adhere to Department of Health issued guidance, effective 12:01am on Friday, July 10, 2020.

The Executive Order continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.15 and each successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.29, as continued and contained in Executive Order 202.39, for another thirty days through August 6, 2020.

The Executive Order continues the directive contained in Executive Order 202.41, regarding phase three industries and entities, but modifies it to prohibit indoor food services New York City.

The Executive Order continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued and contained in Executive Order 202.27, 202.28, and 202.38, for another thirty days through August 5, 2020, except:

• The directives contained in Executive Order 202.3, that closed video lottery gaming or casino gaming, gym, fitness center or classes, and movie theaters, and the directives contained in Executive Order 202.5 that closed the indoor common portions of retail shopping malls, and all places of public amusement, whether indoors or outdoors, as amended, are hereby modified to provide that such directives remain in effect only until such time as a future Executive Order opening them is issued.

The Executive Order continues the following suspensions, modifications, and directives made by Executive Order 202.36 & Executive Order 202.37 through August 2, 2020:

• Allows for in-person special education services and instruction required under Federal, State or local laws, rules, or regulations for the summer term by school districts. Any districts offering such services must follow State and Federal guidance.
• Allows a questionnaire administered through an asynchronous electronic interface or electronic mail that is approved by a physician licensed in the State of New York to be sufficient to establish a practitioner-patient relationship for purposes of ordering a clinical laboratory test.
• Extends the directive allowing the opening of barbershops and hair salons, in regions in phase two reopening, and requires operations to be consistent with Department of Health guidance.
• Extends the directive allowing any licensee or franchisee of a racetrack to operate.
• Extends the modification of Executive Order 202.35 in relation to New York On PAUSE as follows:
  • Any region that meets the prescribed public health and safety metrics as determined by the Department of Health for phase one reopening may allow outdoor, low-risk recreational activities and businesses providing such activities, as determined by Empire State Development Corporation, to be permitted to operate, in accordance with Department of Health guidance.

Modifies the election law in relation to independent nomination petitions for offices to be filled at the time of the General Election or at a Village Election as follows:

• • Independent nominating petitions shall be filed between July 27^th through July 30, 2020.
  • A certificate of acceptance or declination for an independent nomination shall be filed not later than August 3, 2020.
  • A certificate to fill a vacancy caused by a declination of an independent body shall be filed not later than August 6, 2020.
  • A signature made earlier than July 1, 2020, or later than July 30, 2020, shall not be counted upon a petition for an independent nomination.
  • Signature requirements for independent nominating petitions, as outlined in the Executive Order.
• Rescinds the directive contained in Executive Order 202.13, insofar that independent nominating petitions may be circulated, and signatures collected beginning July 1, 2020, consistent with this Executive Order.

The Executive Order extends until July 26^th all suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202.34 and 202.35. Previous Executive Orders are amended to allow gatherings of 50 or fewer individuals in regions of the State in phase four. If the gathering occurs indoors it may not exceed 50% of the maximum occupancy for the area. All social distancing, face covering, and cleaning and disinfection protocols required by the Department of Health must be adhered to.

The Executive Order requires all travelers entering New York from a state with a positive COVID-19 test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven-day rolling average to quarantine for a period of 14 days. The Department of Health Commissioner may issue additional protocols for essential workers, or for other extraordinary circumstances when a quarantine is not possible, provided such measures continue to safeguard the public health. The Executive Order goes into effect at 12:01 a.m. on June 25, 2020, until rescinded by the Department of Health Commissioner. Currently, Alabama, Arizona, Arkansas, Florida, North Carolina, South Carolina, Texas, and Utah have infection rates above the maximum infection rate to travel unrestricted into New York, Connecticut and New Jersey.  New York will track all other state’s infection rates and make the restriction list available on the Department of Health’s website. Any violation of a quarantine or isolation order issued to an individual by a local department of health or NYS Department of Health may be enforced and non-compliance may additionally be deemed a violation subject to a civil penalty of up to $10,000.

Modifies Executive Order 202.23 to clarify that any voter that is in active and/or inactive status and is eligible to vote in a primary or special election to be held on June 23, 2020 who requests an absentee ballot via telephone for the June 23 special election or primary election, shall be sent an absentee ballot with a postage paid return envelope, following the conditions outlined in this Executive Order. Allows clinical labs to accept and examine specimens for COVID-19 testing from nursing home and adult care facilities personnel without a prescription or order and requires the facilities to report positives to the local department of health for treatment and isolation orders. Expands the authority of the Commissioner of Taxation and Finance to abate late filing and payment penalties for a period of up to 100 days for taxpayers who were 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.

On and off premise alcoholic beverage licensees are required to inspect, monitor, and otherwise supervise the area within 100 feet of the licensed premises to ensure that any consumption of food or beverage comports with the applicable open container ordinances, as well as social distancing and face covering requirements. If the business is unable to comply with directives in the Executive Order, they must discontinue the sale/service of alcoholic beverages unless and until the ordinances and guidance can be fully observed. The directive contained in Executive Order 202.8 that permitted on-line only transactions for the Department of Motor Vehicles is modified to allow for in-person transactions at county-operated Department of Motor Vehicles offices in phase three eligible regions, if such transactions are conducted by appointment only.

DECLARING JUNETEENTH A HOLIDAY FOR NEW YORK STATE EMPLOYEES

Allows 25 or fewer individuals to gather, for any lawful purpose or reason, in regions eligible for phase three, as long as social distancing and cleaning protocols required by the Department of Health are followed. Regions not yet eligible for phase three reopening, remain limited to gatherings of ten or fewer individuals.

The Executive Order directs the Division of the Budget, in consultation with the Division of Criminal Justice Services, to promulgate guidance to be sent to all local governments directing that all police agencies perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve these operations to address the needs of the communities served by the police agency and promote community engagement and to address any racial bias and disproportionate policing of communities of color. The plan will then be offered up for public comment, after which the local legislative body must adopt or ratify by April 1, 2021. Local governments must certify to the Director of the Division of the Budget that the process has been complied with and adopted or the Director of the Division of the Budget is authorized to withhold future appropriated state or federal funds.

Allows for the opening of all salons, tattoo parlors, piercing parlors, and related personal care services in phase three eligible regions, consistent with Department of Health guidance. Continues the directives collectively constituting New York On PAUSE, except: The reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to phase three industries. As of June 12, 2020, the regions meeting the prescribed public health and safety metrics required for phase three reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria in the future will be deemed to be incorporated into this Executive Order without further revision and will be permitted to reopen phase three industries, subject to the same terms and conditions.

All nursing homes and all adult care facilities, which are located in regions that have reached phase two of reopening, must test or make arrangements for the testing of all personnel, including all employees, contract staff, medical staff, operators and administrators, for COVID-19, once per week. If the original budget proposed by a school district is not approved by the voters at an election held on June 9, 2020, pursuant to Executive Order 202.26, any resubmission to the voters of the original or revised budget shall be conducted at a date and by a process determined by and subject to a future Executive Order, provided, however, such revote shall not occur prior to July 9, 2020.

Allows any absentee ballot for an election held on June 9, 2020 and received by mail in the office of the clerk of the school district or designee of the trustees or school board not later than June 16, 2020 to be canvassed for such election.  No ballots for such election shall be accepted by the clerk of the school district or designee of the trustees or school board after 5 p.m. on June 9, 2020 except those received by mail in accordance with this provision. Exempts school districts from completing annual professional performance reviews of classroom teachers and building principals during the 2019-20 school year without withholding any apportionment of funds for the general support of public schools for which a school district is otherwise entitled. Allows a board of education or the trustees of a common school district to appoint on tenure those classroom teachers and building principals who meet certain requirements and are recommended by the superintendent of schools.

Commercial building owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses have the discretion to deny admittance to those individuals who refuse to undergo temperature checks or have a temperature above prescribed guidelines from the NYS Department of Health. This must be applied in a consistent manner with the American with Disabilities Act and any provision of either New York State or New York City Human Rights Law. Modifies Executive Order 202.3 to allow a restaurant or bar to serve patrons food or beverage on-premises only in outdoor space, provided such restaurant or bar is in compliance with Department of Health guidance promulgated for such activity. Modifies Executive Order 202.35 to permit any non-essential gatherings for houses of worship at no greater than 25% of the indoor capacity of such location, provided it is in a geographic area in phase 2 of re-opening.

The Executive Order allows for in-person special education services and instruction required under Federal, state or local laws, rules, or regulations for the summer term by school districts through July 5^th. Any districts offering such services follow must follow State and Federal guidance.

Extends for twenty-one days the period for paying property taxes without interest or penalties in a county, city, town, village or school district of which the chief executive officer has requested an extension (a list of entities which have requested such is in the Executive Order). Retroactively extends by twenty-one days the period for paying without interest or penalty the property taxes that were due by April 1, 2020, in the Village of Thomaston, Nassau County.

As of May 29, 2020 the regions meeting the prescribed public health and safety metrics required for Phase Two reopening are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country. Any additional regions which meet the criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted to re-open Phase two industries, subject to the same terms and conditions.

Through June 27, 2020, the Order allows any business operator or owner the discretion to enforce a previous directive which requires any individual over age two, and able to medically tolerate a face-covering, be required to cover their nose and mouth with a mask or cloth face-covering when in a public place, including the right to deny entry to those not wearing a mask. It also does not prohibit or limit the right of State and local enforcement authorities from imposing fines or other penalties for any violation of the directive.

Executive Order 202.10, as later extended by Executive Order 202.18, Executive Order 202.29 and as extended and amended by Executive Order 202.32, which prohibited all non-essential gatherings of any size for any reason, except for any religious service or ceremony, or for the purposes of any Memorial Day service or commemoration, which allowed ten or fewer individuals to gather, provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to is hereby modified to permit any non-essential gathering of ten or fewer individuals, for any lawful purpose or reason, provided that social distancing protocols and cleaning and disinfection protocols required by the Department of Health are adhered to.

Extends the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Orders 202.23 through 202.27, for thirty days until June 20, 2020. It also extends by twenty-one days the period for paying, without interest or penalty, property taxes for an affected county, city, town, village or school district whose chief executive officer has requested an extension.

Extends the moratorium on residential or commercial COVID-related evictions and late fees through August 20, 2020, extends the closure of all schools through the remainder of the academic year, extends the provisions of previous Executive Orders (scheduled to expire on May 7th) until June 6th (except for certain specified provisions), and makes certain modification to Criminal Procedure law, among other provisions.

Requires any individual who is over age two and able to medically tolerate a face-covering 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. It also requires letters of no-action or no-filing be issued by the Attorney General.

Extends the cancellation of all non-essential public and private gatherings, school closures, and all in-person business restrictions and workplace restrictions to April 29, 2020, gives the Department of Health the power to move medical equipment and supplies  to areas of immediate need; such equipment and supplies will either be returned or the entities will be monetarily compensated, and increases fine for social distancing violations, among other provisions.

Moves the State’s Presidential Primary and Special Elections to June 23, 2020, delays the state’s tax filing day to July 15 to match the Federal filing date and directs all hospitals to allow one person, who does not have a fever, to be present as a support person for a patient giving birth.

Allows customers of New York chartered banks a 90-day forbearance of payments on their mortgage if they are affected by COVID-19 related hardships. The order also affects fees for the use of automated teller machines (ATMs), overdraft fees, and credit card late fees.

Mandates reduction of onsite workforce for non-essential businesses by 100% no later than March 22 at 8 p.m.,  directs 90-day moratorium on any residential or commercial evictions, and authorizes the Commissioner of Taxation and Finance to abate late filing and payment penalties 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.

Requires non-essential employers to reduce the in-person workforce by 75% no later than March 21 at 8 pm. This order also expands the public gathering prohibition to barber shops, salons, and other businesses as of March 21 at 8pm and includes provisions for notarial services.

Nonessential businesses to reduce onsite workforce by 50%.

Closure of certain common portions of retail shopping malls and all places of public amusement.

Directing all schools in New York to close by Wednesday, March 18 for two weeks ending April 1.

Mandating the closing of restaurants, movie theaters, bars, gyms and casinos and limits the statewide occupancy limit to 50 people.

Delaying village elections statewide until the April 28 primary election.

Any gathering under 500 individuals required to cut capacity by 50%, suspension of the 7 day waiting period for unemployment, suspension of laws relating to emergency procurement, restriction of nursing home visitations and the waiver of requirements necessary for apportionment of school aid.

Declaring a Disaster Emergency in the State of New York.