Flash Updates From Governor Cuomo

From: New York State Association of REALTORS (NYSAR) Sent: Monday, September 21, 2020 Subject: Flash Update - Legal Updates

Governor Cuomo Extends Moratorium on Commercial Evictions

 This weekend, Governor Cuomo issued Executive Order 202.64, extending the moratorium prohibiting the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage through October 20, 2020.

Governor Cuomo Extends State of Emergency, Cold Calling is Still Prohibited

 Governor Cuomo extended the State of Emergency to October 4, 2020. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.  The Governor will re-evaluate the State of Emergency as the expiration date approaches and determine if additional extensions are necessary.  NYSAR will advise its members of any extensions to the State of Emergency.

Licensees are still prohibited from making any cold calls. Real estate licensees may not make any unsolicited phone calls to a member of the public during a State of Emergency. General Business Law §399-z(5)(a) states “It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.” 

All other types of marketing such as mailers, billboards, social media, internet etc., are permitted. You may call a FSBO if you have an identifiable purchaser interested in the property. You are prohibited from calling the FSBO to solicit the listing. You may still perform business to business calls so long as you are calling the number provided as the business number. Learn more.

Landlord’s Agents May Continue to Collect Commissions From a Tenant 

In response to the lawsuit filed by NYSAR and REBNY that challenged the guidance issued by DOS prohibiting a landlord’s agent from collecting commissions from a tenant, the office of New York Attorney General Letitia James filed their opposition papers on September 11, 2020.  NYSAR will have until October 28, 2020 to file our papers and a hearing may be scheduled sometime after October 28, 2020.  Until the court rules otherwise, the Temporary Restraining Order is still in place and landlord’s agents are permitted to continue collecting commissions from a tenant.  NYSAR will advise its members of any developments moving forward.

Source: https://www.governor.ny.gov/news/no-20260-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency