COVID-19 Pandemic: When Is Construction Work Considered Essential
During the COVID-19 Pandemic?
A month ago, all construction work in New York was considered to be essential and was exempt from the in-person workforce prohibition. On March 30, 2020, Governor Cuomo issued Executive Order 202.13, which limited the types of “essential” construction work that could continue and authorized the Empire State Development Corporation to determine the type of construction projects that are considered “essential”.
In New York City, the Empire State Development Corporation and the New York City Department of Buildings guidance and other related orders further clarified “essential” construction work, which has been limited to, among other things, work on roads, bridges, transit facilities, homeless shelters, hospitals, and health care facilities, as well as work to correct certain habitability conditions in residential apartments and residential projects where at least 20% of the residential units are or will be deemed affordable housing. “Essential” projects can only proceed in compliance with social distancing and other COVID-19 preventative guidelines. Emergency construction is also permitted if it is necessary to protect the health and safety of the project’s occupants or to continue a project if it would be unsafe to allow it to remain undone until it is safe to shut the site.
The city’s Department of Buildings, which is responsible for implementing the governor’s directive, released an interactive map showing all of the ongoing “essential” projects in New York City in an effort to help distinguish essential projects from nonessential projects, and warned that “noncompliance will lead to a violation and fines of up to $10,000 per violation.” View the map at: https://www1.nyc.gov/assets/buildings/html/essential-active-construction.html.
The New York Times reported that many condominium and rental developers have asked to be exempt from the rule that deems their construction projects nonessential. According to the Department of Buildings, a day after Governor Cuomo’s directive took effect, the Department of Buildings had received more than 900 appeals asking for exceptions to the construction ruling.
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If you have any questions or would like additional information, please contact Kimmia Salehi at ksalehi@egsllp.com or the primary EGS attorney with whom you work.
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This memorandum is published solely for the informational interest of friends and clients of Ellenoff Grossman & Schole LLP and should in no way be relied upon or construed as legal advice.
