Close

Frequently Asked Questions – CDC Guidelines for fully vaccinated individuals

On May 19, 2021, New York adopted the CDC guidelines for fully vaccinated individuals.  The following Q & A is being provided to assist you in compliance. (Updated 12:00 p.m. on 5/21)

 

What is a fully vaccinated and a not fully vaccinated individual?

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.

 

What are the guidelines for individuals that are fully vaccinated for COVID-19?

If all parties are fully vaccinated, masks and social distancing are no longer required.  Businesses, sellers and landlords may still require masks regardless of vaccination status.

What are the guidelines for individuals that are unvaccinated or not fully vaccinated?

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.

Can a seller or landlord require all parties to be fully vaccinated before entering the property?

No, the CDC guidance requires unvaccinated or not fully vaccinated individuals to wear a mask.  As long as the individual wears a mask and high touch surfaces and surfaces that were touched are cleaned and disinfected, they must be permitted to enter the premises.

Can we ask for proof of vaccination?

Yes.  The guidance sets forth the types of proof that are acceptable.  Proof of full vaccination status can be provided through paper form (vaccine card), digital application, or the State’s Excelsior Pass.  Furthermore, proof may be provided by self-reporting (e.g., honor system).  It is up to the seller/landlord as to what type of proof is required.

What if the party refuses to provide proof of vaccination?

If an individual refuses to show proof of vaccination, they will be considered to be unvaccinated.

 

 

What should be done at showings?

The licensee should discuss the matter with the seller and have the seller determine what proof of vaccination they are comfortable with. For individuals not wearing masks, the licensee can ask for proof of vaccination prior to entering the premises.  If a seller is comfortable, the listing agent can require cooperating brokers to verify that all parties are fully vaccinated.  Cooperating brokers would be required to verify proof of vaccination as the Real Property Law requires all parties to be honest and trustworthy when interacting with other licensees and members of the public.  For all individuals not providing proof of vaccination, masks must be worn and high touch surfaces or surfaces that were touched must be cleaned and disinfected.  If the seller refuses to require proof of vaccination in acceptable form, all parties must wear masks and maintain 6 feet of social distancing.

What should be done at open houses?

The licensee should discuss the matter with the seller and have the seller determine what proof of vaccination they are comfortable with. For individuals not wearing masks, the licensee can ask for proof of vaccination prior to entering the premises.  The licensee would need to be at the door or have someone at the door verifying vaccination status.  If a seller is comfortable, the listing agent can require cooperating brokers to verify that all parties are fully vaccinated.  Cooperating brokers would be required to verify proof of vaccination as the Real Property Law requires all parties to be honest and trustworthy when interacting with other licensees and members of the public.  For all individuals not providing proof of vaccination, masks must be worn and high touch surfaces or surfaces that were touched must be cleaned and disinfected.  If the seller refuses to require proof of vaccination in acceptable form, all parties must wear masks and maintain 6 feet of social distancing.

What if my client/customer is unvaccinated or not fully vaccinated and refuses to wear a mask at a showing or open house?

The licensee is still obligated under the Real Property Law to act in an honest and trustworthy manner.  If the individual refuses to wear a mask, the licensee should not go forward with the showing/open house.  It should be expected that individuals comply with the guidelines and others are safe from possible exposure.

Can my broker require me to wear a mask in the office if I am fully vaccinated?

Yes.  The CDC guidance permits businesses and workplaces to require masks of all individuals regardless of vaccination status.

What if the owner/landlord refuses to follow the CDC guidance?

All individuals must wear masks and maintain six feet of social distancing.

When does the current State of Emergency expire?

June 24, 2021

Governor Andrew Cuomo has extended the State of Emergency until June 24, 2021. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.

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.

Is the prohibition against cold calling impacted by the new guidance?

No, cold calling is still prohibited as long as the State of Emergency is in effect.

Do I still need the NYSAR COVID-19 Disclosure Form or COVID-19 Health Questionnaire?

No.