Update on the Removal of COVID-19 Rules for NYC Real Estate

The vast majority of New York State’s COVID-19 rules and restrictions were lifted on 6/15/21. As a result, pandemic health guidance and safety protocols specific to the real estate brokerage industry in NYC are now optional.

COVID-19 mitigation measures which are no longer required include: social gathering limits, social distancing, capacity restrictions, cleaning and disinfection, health screening and contract tracing.

Here is an overview of the most important changes for real estate brokerage activities:

  • Vaccinated individuals are no longer required to wear face masks or coverings in public settings.

  • Use of the REBNY COVID Health Questionnaire and REBNY COVID Liability Form is not required.

  • Agents are no longer required to clean and disinfect all high-touch areas and surfaces before and after each showing.

  • Traditional open houses (i.e. allowing walk-ins) are now permitted.

  • There is no longer any limit to the number of people who can attend a showing.

Despite these changes, please note that businesses (including real estate brokerages) are free to lift some or all restrictions, continue to follow legacy guidance from NYS or implement other health & safety measures for in-person interactions.

If you’re a buyer or seller, you are therefore required to follow any COVID-19 safety measures imposed by your buyer’s agent or listing agent (and associated brokerage firm).

An individual seller may also continue to mandate specific COVID-19 safety protocols for persons entering her or his home. If you’re a listing agent, be sure to converse with your client to determine what safety measures, if any, the seller may wish to keep in place, and for how long.

Similarly, individual condo and co-op buildings still have the option to impose continued health and safety requirements, including but not limited to the use of masks, disinfecting, capacity limits, advance notice for showings, paperwork, etc.

COVID-19 rules and restrictions for the NYC real estate brokerage industry were lifted on 6/15/21. Learn what this means for buyers, sellers and agents.

If you’re selling a condo or co-op apartment (or if you’re a listing agent), it’s important to stay informed on the specific rules mandated by your building. Rules can change at short notice, so be sure to maintain an open line of communication with the building’s managing agent.

Failure to comply with building rules can result in a range of punishments from fines levied against the unit owner to the brokerage firm (or a specific agent) being banned from doing business within the building.

Please also note that state rules still require unvaccinated individuals to continue wearing face coverings, consistent with federal CDC guidance. Unvaccinated persons must also continue to comply with social distancing guidelines in most settings.

With respect to verifying an individuals’ vaccination status, REBNY states the following:

“Licensees are permitted to ask for proof of vaccination. If an individual is unwilling or unable to provide such proof, they may be asked to wear a face mask or covering during in-person meetings or showings.”

Should any real estate licensee continue to use REBNY’s COVID-19’s health screening and/or liability form, it must be utilized consistently for all in-person interactions in order to maintain compliance with Fair Housing Laws.

In general, an individual, business or building must equally and consistently apply all desired COVID-19 mitigation measures to all persons in order to avoid being accused of a Fair Housing violation.

Separately and despite the recent removal of most restrictions, anyone who may be experiencing COVID-19, cold or flu-like symptoms is still permitted to cancel or postpone an in-person engagement without prejudice or penalty.

Please keep in mind that federal, city, state and industry-specific rules and health recommendations continue to change rapidly.

The information on this page is for informational purposes only and is not intended to be exhaustive or complete. Said information should not be construed as offering or providing legal advice in any form. Consequently, this page is not a substitute for speaking with legal counsel. All readers should seek independent legal advice where they have specific legal questions pertaining to specific legal circumstances or where otherwise appropriate.

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