Governor Cuomo Extends State of Emergency to May 25, 2021

Governor Cuomo has extended the State of Emergency to May 25, 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.

New York housing market continues to be busy in March

Albany, NY – April 22, 2021 – Closed and pending sales remained robust in March, marking the seventh straight month of gains in year-over-year comparisons, according to the housing report released today by the New York State Association of REALTORS^®.

Closed sales climbed 36.7 percent in March – from 8,051 homes at the beginning of the pandemic last March to 11,008 this year. Pending sales jumped from 9,276 homes in March 2020 to 14,757 units this year – a 59.1 percent increase.

Inventory levels continue to struggle as the number of homes for sale across New York fell 30.1 percent – from 52,536 homes in March 2020 to just 36,739 units available last month.

Median sales prices once again were on the rise, escalating to $365,000 in March 2021. This represents a 30.4 percent increase from the $280,000 median price in March 2020.

Mortgage interest rates however, rose for the third consecutive month. According to Freddie Mac, the monthly average on a 30-year fixed rate mortgage in March jumped to 3.08 percent. Yet, this is still lower than the 2020 average rate of 3.11 percent.

Data and analysis compiled for the New York State Association of REALTORS^® by Showing Time Inc.

Department of Health revises travel advisory for asymptomatic individuals traveling to NY

The NYS DOH recently published new travel guidelines for individuals traveling to New York from another state or country. According to the new advisory:

Asymptomatic travelers entering New York from another country, U.S. state, or territory are no longer required to test or quarantine as of April 10, 2021. Quarantine, consistent with the CDC recommendations, is still recommended for all travelers who are not fully vaccinated or have not recovered from laboratory confirmed COVID-19 during the previous 3 months. Symptomatic travelers must immediately self-isolate and contact the local health department or their healthcare providers to determine if they should seek COVID-19 testing.

NYSAR has revised and renamed the “COVID-19 HEALTH SCREENING & TRAVEL ADVISORY QUESTIONNAIRE” which is now called the “COVID-19 HEALTH SCREENING QUESTIONNAIRE”. Any reference to quarantine and testing has been removed from the new form. A copy of the form can be found here.

For more information of the DOH travel advisory, please click here.

NYSAR members with questions about their licensed activity may contact the NYSAR Legal Hotline. The Legal Hotline is available Monday-Friday from 9:00a.m.-4:00p.m. at 518-436-9727.

NYSAR prevails in lawsuit against Department of State

On April 9, 2021, the Supreme Court of the State of New York, County of Albany, published the decision in the lawsuit NYSAR and others filed against the Department of State (DOS) in February 2020. The court ruled in favor of NYSAR’s position that the Tenant Protection Act (TPA) does not apply to a landlord’s agent being paid commission by a tenant. As such, a landlord’s agent may continue to collect commissions from the tenant.

In February 2020, DOS issued guidance addressing the Tenant Protection Act (TPA). One of the items included prohibiting a landlord’s agent from collecting a commission from a tenant. Upon receiving the guidance, NYSAR and other interested parties filed a lawsuit requesting that the enforcement of the guidance be stayed until such time as the court issues a final decision. On February 10, 2020 the court granted our request, and all enforcement was stayed pending the outcome of the lawsuit.

In the April 9 decision, the court emphasized that the TPA did not specifically prohibit the collection of commissions by a landlord’s agent. The court looked at the legislative intent of the TPA and found that the bill sponsor in the NYS Senate stated: “We’re eliminating application fees and limiting fees for background checks and other costs landlords sometimes impose before even agreeing to rent an apartment.” The court concluded that based on the sponsor’s statement, the prohibition of additional fees related to pre-negotiation fees only and not to broker commissions.

The court also discusses that “broker’s commissions” are never referenced in the TPA. Had the legislature intended for “broker’s commissions” to be a part of the TPA, it would have expressly included the term rather than “fees” generally.

The court determined that the TPA does not apply to a landlord’s agent being paid commission by a tenant. NYSAR members acting as a landlord’s agent may continue to collect commissions from a tenant.

A copy of the decision can be found here.

NYSAR members with legal questions about any licensed activity can contact NYSAR’s Legal Hotline. The Legal Hotline is an exclusive member benefit to NYSAR members and is available Monday-Friday, 9:00a.m.-4:00p.m. at 518-436-9727.

NYS issues new travel guidance; NYSAR Travel Advisory Questionnaire Updated

On April 1, 2021, the NYS Department of Health published new guidance removing the quarantine requirement for individuals traveling to New York from a U.S. state or territory. NYSAR has updated the “COVID-19 HEALTH SCREENING & TRAVEL ADVISORY QUESTIONNAIRE” to reflect the new guidance. The new form can be found by clicking here.

Below, please find the new guidance provide by the NYSDOH:

Updated Interim Guidance for Quarantine Restrictions on Travelers Arriving in New York State: Quarantine and Testing No Longer Required for Travel to New York from Another US State or US Territory

As of April 1, 2021, asymptomatic domestic travelers arriving in New York State from other U.S. states and territories are not required to test or quarantine. Domestic travelers do not need to quarantine if they are fully vaccinated or have recovered from laboratory confirmed COVID-19 within the previous 3 months.

However, while not required, quarantine, consistent with the CDC recommendations for international travel, is still recommended for all other asymptomatic domestic travelers for either 7 days with a test 3-5 days after travel or 10 days without a test.

Symptomatic travelers must immediately self-isolate and contact the local health department or their healthcare providers to determine if they should seek COVID-19 testing.

Irrespective of quarantine, all travelers must:
• Monitor symptoms daily from day of arrival in New York through day 14;
• Continue strict adherence to all recommended non-pharmaceutical interventions, including hand hygiene and the use of face coverings, through Day 14 (even if fully vaccinated); and
• Must immediately self-isolate if any symptoms develop and contact the local public health authority or their healthcare provider to report this change in clinical status and determine if they should seek testing.

Travelers from Canada, crossing at land borders subject to the agreement between the governments of the United States and Canada, are permitted to travel in accordance with said federal agreement and need not quarantine solely due to such federally authorized travel.

Travel to New York From Other Countries

Current CDC guidance requires air passengers traveling to the U.S. from another country show either documentation of having recovered from COVID-19 within in the previous 3 months or a negative test result from no more than 3 days prior to day of travel to the airline before boarding the flight. This applies to both U.S. residents and visitors from other countries. (Documentation of vaccination status or antibody test results will not be accepted as proof of COVID status prior to boarding, per CDC guidance).

After arrival in the U.S., travelers must either quarantine for 7 days with a test 3-5 days after travel, or quarantine for the full 10 days without a test. This requirement applies to all international travelers whether they were tested before boarding, are recovered from a previous COVID infection, or are fully vaccinated.

For more information on acceptable documentation visit “Requirement for Proof of Negative COVID-19 Test or Recovery from COVID-19 for All Air Passengers Arriving in the United States | CDC.” The CDC is providing limited exemptions for flight crews and other extraordinary circumstances.

Compliance with CDC guidance for international travel is required in New York State for all travelers arriving or passing through New York from other countries (e.g., connecting flights), including healthcare workers and essential workers.

For more information please see the NYSDOH Travel Advisory page here: https://coronavirus.health.ny.gov/covid-19-travel-advisory.

Reasonable Modification and Accommodation Notice not to be enforced at this time

On March 3, 2021, Executive Law §296(2-b)&(18-a) required landlords, managing agents and real estate licensees to provide a Reasonable Modification and Accommodation Notice to all prospective and current tenants of a “housing accommodation.” Until the state promulgates regulations as described below, you are not required to take any action. NYSAR will notify you when the regulations will be in effect and enforcement will commence.

We have been informed by the DOS and the DHR of the following:

Governor Cuomo recently signed a new law repealing Executive Law §296(2-b)&(18-a) and replacing it with Executive Law §170-d. The new law requires the Division of Human Rights to promulgate regulations that would set forth requirements for compliance. As the new law was just signed, the Division of Human Rights has yet to publish the proposed regulations. Once published, the regulations would be subject to a 60 day comment period and would not become effective until formally adopted. The Division of Human Rights expects the statute to be adhered to upon final adoption of the regulations, and the Department of State intends to commence enforcement of the requirement to provide notice of reasonable modifications and accommodations following the final adoption of such regulations.

NYSAR members may contact NYSAR’s Legal Hotline with any questions. The Legal Hotline is a free benefit for NYSAR members and is available Monday-Friday from 9:00 a.m. – 4:00 p.m. at 518-436-9727.

Governor Cuomo Extends State of Emergency to April 25, 2021

Governor Cuomo has extended the State of Emergency to April 25, 2021. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.

New York home sales remain strong in February

Albany, NY – March 22, 2021 – Closed and pending sales rose in February, marking the fifth consecutive month of sales growth in year-over-year comparisons, according to the housing report released today by the New York State Association of REALTORS^®.

Closed sales in February climbed 24 percent from 7,898 units in 2020 to 9,796 homes in 2021. Pending sales maintained a similar upward trend, rising to 10,938 homes in February 2021 from 9,336 units last year – an increase of 17.2 percent.

Inventory continues to shrink in 2021, falling to 36,717 units statewide last month – a 31.5 percent decrease of the 53,614 homes available in February of last year. New listings of homes fell once again as well, dropping from 14,714 units in February 2020 to just 11,155 homes this year – a drop of 24.2 percent.

Median sales prices escalated to $360,000 last month. This represents a 22 percent increase from the $295,000 median price in February 2020.

Mortgage interest rates ticked a bit higher in February, but remain below their 2020 levels. According to Freddie Mac, the monthly average on a 30-year fixed rate mortgage in February held at 2.81 percent. This was a slight increase from 2.74 percent in January 2021.

Data and analysis compiled for the New York State Association of REALTORS^® by Showing Time Inc.

Registration Open for FREE Fair Housing Training in April

NYSAR is offering special Fair Housing Education classes during the month of April. These classes during Fair Housing Month are FREE to NYSAR members. Each course is CE-pending for 1 credit and will be held via Zoom. Classes are limited to just 500 people, so sign up today! For more information on the classes and to register, click here.

March Free Legal Update Now Available for Viewing

NYSAR’s new FREE Legal Update for March is now available for viewing. To view this recording and see past month’s recordings, click here.

Lobby Day Registration Now Open

Lobby Day 2021 will be an all-virtual event, on Tuesday, April 27, 2021. There is NO COST to register, but any member or staff that wishes to participate in Lobby Day MUST register for the meeting.

The first 300 members/staff that register will receive a Lobby Day package in the mail from NYSAR. To give NYSAR staff time to ship the packages to member/staff prior to Lobby Day, you must register before 12:00 noon on Friday, April 16 to receive a package.

Members/staff registering after that time, or after the first 300 registrants will be able to participate in Lobby Day but unfortunately will not be able to receive a Lobby Day package.

For more information, and to register, click here.

Governor Cuomo Extends State of Emergency to March 28, 2021

Governor Cuomo has extended the State of Emergency to March 28, 2021. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.