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NYSAR Updates

Governor Cuomo Extends State of Emergency, Cold Calling Still Prohibited

10/4/20 – Governor Cuomo extended the State of Emergency to November 3, 2020.  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.

Governor Cuomo Extends Ban on Residential Evictions

9/28/20 – Governor Cuomo announced he was extending the ban on residential tenant evictions through the end of 2020. The Tenant Safe Harbor Act, which safeguards residential tenants from eviction if they are suffering financial hardship due to COVID-19, has been extended until January 1, 2021. The ban on evictions due to the pandemic has been in place since the start of the emergency declaration.

Brokers allowed to continue collecting commissions as a landlord’s agent until at least October 23, 2020

The office of New York Attorney General Letitia James requested, and was granted, an extension of the temporary restraining order that NYSAR and others filed in response to the guidance from the Department of State asserting that a landlord’s agent was prohibited from collecting a broker fee/commission. With the extension granted, landlord’s agents are permitted to continue collecting commissions from a tenant until at least October 23, 2020. NYSAR will advise its members of any developments moving forward.

Remote Notarization

On September 4, Andrew Cuomo signed an executive order extending to October 4, 2020, the permission of electronic notarization. NYSAR supports allowing virtual notarization and has urged the governor to extend its allowance. For more information on the Department of State website, click here.

Real Estate Licensing

5/26/20 – Effective March 27, 2020, pursuant to Executive Order 202.11, any license issued by the Division of Licensing Services or New York State Athletic Commission, that expires after that date, shall remain in effect until July 6, 2020. Any license holder that is eligible to renew and does not need the extension is encouraged to do so; all other license holders may rely on the above extensions. Please note licensees who submit a  renewal after the expiration date printed on their license but by June 7, 2020, will see a change in their license term dates upon renewal, however, their office will maintain a record of the EO extension and your license will considered continuous licensure for this period.

President Stevenson Speaks at NAR BOD

5/15/20 – NYSAR President Jennifer Stevenson gives an inspiring speech at the National Association of REALTORS® Board of Directors meeting today. Thank you to President Stevenson for representing the over 59,000 members of NYSAR.

Be Alert for Scammers
4/16/20 – If you have filed for unemployment benefits and are waiting for a call back from the New York State Department of Labor, please be cautious about providing personal information to callers.

CARES Act and What is Means for REALTORS®
3/27/20 – The CARES Act includes several provisions and programs that will provide direct relief to consumers and REALTORS® alike.

COVID-19 Addendum to the Residential Purchase Contract
3/19/20- As part of the Statewide Forms Library initiative, NYSAR has developed the “COVID-19 ADDENDUM TO RESIDENTIAL PURCHASE CONTRACT”