New York State adopts latest CDC guidelines; real estate license guidance updated
Effective Wednesday, May 19, 2021, new guidance will be in effect for real estate licensees pursuant to Governor Cuomo’s announcement that New York will now follow CDC guidelines. NYSAR issued the following guidance: Licensees who are fully vaccinated and are not otherwise restricted by business, workplace or consumer requirements may perform real estate activity without a mask if all parties present are also fully vaccinated. Also, when all parties are fully vaccinated licensees are not required to clean/disinfect the property after a showing. Guidelines for licensees that are not fully vaccinated or for licensees showing unvaccinated or not fully vaccinated customers/clients property can be found below.
The most recent version of the CDC “Interim Public Health Recommendations for Fully Vaccinated People” dated May 13, 2021, states that individuals are considered fully vaccinated for COVID-19 ≥2 weeks after they have received the second dose in a 2-dose series (Pfizer-BioNTech or Moderna), or ≥2 weeks after they have received a single-dose vaccine (Johnson & Johnson [J&J]/Janssen); there is currently no post-vaccination time limit on fully vaccinated status. If the individual has received the vaccination, but is still within the ≥2 week period, they are considered not fully vaccinated. This includes children not yet eligible for vaccination.
The CDC guidance further states that “You can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” The emphasized section of the guidance permits federal, state and local governments to impose stricter standards on businesses and workplaces as well as permitting businesses and workplaces to require masks of all individuals regardless of vaccination status. This would also permit sellers, landlords etc. to require vaccinations of licensees and their clients/customers entering the property for the purpose of a showing or open house. If proof of vaccination is not provided, the sellers, landlords etc. could deny entry to those individuals. It is up to the individual or business owner as to whether to require masks indoors. The guidance provided by the governor and dated May 17, 2021, can be found below under “Business Mask Rules” and “Business Capacity Rules”
Guidance for Individuals Performing Real Estate Activity that are Unvaccinated or not Fully Vaccinated
If you are fully vaccinated and refuse to show proof of vaccination, you will be considered to be unvaccinated. Unvaccinated or not fully vaccinated individuals, under both CDC and state guidance must wear masks in all public settings and try to maintain social distancing. You still need to wash your hands regularly. You still need to clean/disinfect high-touch surfaces at all showings if the licensee or any client/customer is not fully vaccinated or unvaccinated. Read more.
