LIEB BLOG

Legal Analysts

Friday, March 27, 2020

Nuts & Bolts of Stimulus Package - House Passes 2 Trillion Dollar Stimulus Package

The House passed the Senate's massive stimulus package today, paving the way for the President to sign the bill into law.

The bill includes the following:
  • Tax free payments to individuals of up to $1,200; $2,400 for married couples and additional $500 for children under the age of 16. Amount of payments are dependent on adjusted gross income. No eligibility if:
    • Individuals earning $99,000 or more
    • Married couples earning $198,000 or more;
  • Employees will be entitled to an additional $600 of weekly unemployment benefits in addition to the amount they are entitled to from their State. Part-time employees and independent contractors, even if not covered under their State law, will be entitled to these federal payments, as well;
  • $377 billion in loans and grants for small businesses;
  • $500 billion in loans for struggling businesses;
  • $150 billion for hospitals treating coronavirus patients;
  • Defers student loan payments for six (6) months; waives interest;
  • Foreclosures and evictions are stayed where mortgages are backed by the federal government.


No More Construction - Essential Service Guidance Updated

On March 27, 2020 at 11AM, Empire State Development refined the definition of essential businesses or entities in NYS as to construction, as follows:
All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site). 
Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation. 
For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.
Be warned.


Penalties for Keeping Your Real Estate Opened in Coronavirus Expanded

By Executive Order 202.11, Governor Cuomo enacted new penalties, in addition to what we discussed in our blog - What Happens When You Ignore the Essential Services Executive Order, if you keep your real estate open in violation of an Executive Order.

The new penalty order states as follows:
During the period when an Executive Order limiting operation of a type of facility or limiting the number of persons who may occupy any space is in effect, any operation of such a facility or occupancy of any such space by more than the number of persons allowed by said Executive Order shall be deemed to be a violation of law and in particular, but not by way of limitation, shall be deemed to be a violation of the Uniform Code or other local building code in effect in the jurisdiction in which the facility or space is located. In the event of any such violation, any state, county, or local police officer authorized to enforce laws within the jurisdiction in which the space or facility is located is authorized to remove persons from such space or facility. In addition, in the event of such violation, any state, county, or local code enforcement official or fire marshal authorized to enforce the Uniform Code or other local building code within the jurisdiction in which the facility or space is located is authorized to issue an appearance ticket, a Notice of Violation, an Order to Remedy such violation, which shall require immediate compliance, and/or a Do Not Occupy Order to any owner, operator, or occupant of any such facility or space. Nothing in this provision shall limit the authority of any governmental unit or agency to take such other and/or additional enforcement actions to the extent necessary to ensure compliance with such occupancy-related directives or facility operation-related directives.
 As such, here is your exposure:

  • Charge of "violation of law"
  • Charge of "violation of the Uniform Code or other local building code"
  • Removal by police
  • Receipt of an appearance ticket, Notice of Violation, and/or Order to Remedy
  • Receipt of a Do Not Occupy Order to the "owner, operator, or occupant of any such facility or space"
Oh, by the way, you are KILLING people. So, stop it and close when you are ordered to close.

The end.


Real Estate Brokerage / Salesperson License Renewal Extended

By way of Executive Order 202.11, licensees "time to renew a license" has been extended "to the 30th day following the expiration of this Executive Order."

This Executive Order expires on April 26, 2020 and as such renewal is extended to May 26, 2020 for real estate brokers and salespersons.




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