On April 2, 2020, Governor Cuomo announced the 2021 New York State Budget which includes a statewide paid sick leave law. The new law states, in summary, as follows: 

• Every employer is required to provide employees with annual sick leave beginning on January 1, 2021; the amount and pay required is dependent on the number of employees:

• Employers with four (4) or fewer employees and a net income of less than one (1) million dollars in the prior tax year must provide up to forty (40) hours of unpaid sick leave per year. 
• Employers with 5-99 employees (and employers who have four (4) or fewer employees and a net income greater than one (1) million dollars) must provide up to forty (40) hours of paid sick leave per year. 
• Employers with a 100 or more employees must provide fifty-six (56) hours of paid sick leave per year.

• Sick leave accrues at a rate of one (1) hour for every thirty (30) hours worked. Employers may provide all of the required hours at the beginning of the year. 

• Employees may use sick leave under the following circumstances:

• Employee has a a mental or physical illness or injury (regardless if it has been diagnosed or employee requires medical care). 
• To care for a family member who has an illness or injury. 
• To take various precautionary measures; seek treatment or services as a result of the employee or family member being a victim of domestic violence. 

• Employers who deny employees sick leave or retaliate against an employee for taking sick leave may be liable for substantial damages including but not limited to: back pay, front pay, attorneys' fees, civil penalties and liquidated damages up to $20,000.

The Coronavirus Aid, Relief, & Economic Security Act (CARES Act), signed into law on 3/27/2020, includes expeditious relief for America's small businesses through loans funded at $349 billion.

In response to many workers losing their jobs as a result of COVID-19, the federal government is providing unemployment insurance assistance in addition to what is currently offered by the States. Some members of Congress aptly referred to the new law as “unemployment on steroids.” The law provides the following additional unemployment insurance benefits:

• Extends eligibility to independent contractors, individuals who are self-employed, or cannot work (individuals who can telework are not covered) for a reason directly related to COVID-19. In order to apply for Pandemic Unemployment Assistance ("PUA"), you must first apply and be determined ineligible to receive New York State unemployment insurance benefits.
• Provides an additional $600 a week to all individuals receiving State unemployment insurance benefits. In New York State, if you are receiving the minimum benefits, the maximum benefits ($504 per week) or somewhere in between, you will receive an additional $600 per week. The federal benefits are retroactive to January 27, 2020 and expires on July 31, 2020. It is unclear from the information currently available whether you are entitled to the additional $600 if you are receiving partial unemployment benefits from New York State (hours/salary are reduced by employer).
• Provides an additional 13 weeks of benefits (NYS currently offers 26 weeks of unemployment benefits).

According to NYSAR, Empire State Development clarified that "[t]he following functions of real estate and/or realtors (sic) are considered essential: residential home and commercial office showings; home inspections; and residential appraisers."

Now that it's permissible, the question turns to whether real estate salespersons / associate brokers should be conducting showings?

This is the biggest ethical question for real estate brokers today.

Ironically, Lieb School is in the midst of creating a new CE course on ethical business practices, which is a required course for license renewal on and after 7/1/2021. We are now incorporating this situation into the course as a case study for our students to determine their own business ethics in real estate brokerage.

Unlike laws, business ethics refers to appropriate business practices on controversial subjects that are driven by moral concerns. Showing a house during the coronavirus pandemic is a practice that needs to be driven by your moral concerns.

When it comes to morals and values there is not a one size fits all answer to any question. This is the answer that I gave to a friend in response to his text requesting my take on the fact that "realtors were just declared essential services:"

It's not on the empire state development webpage so it's probably a responsive email to a clarification request from NYSAR. We got one today that my law firm can do in- person closings. That being said, we are trying to avoid them at all costs and have our office working remotely. It's good and bad that the clarification was issued. It's good that smart brokers are authorized to help people in need, but it unfortunately gives permission to the idiots in our industry to spread coronavirus and put their lives and the lives of others in jeopardy all for a dollar. I would not show a senior's house if they live there. I would not show an immunocompromised person's house if they live there. I would not do public open houses. I would limit my in-person contact to the extent necessary while always wearing PPE. If not for the business ethics that require it, at least for the fact that I refuse to bring coronavirus to my family. We will get through this, but we must be smart and pick health over money at each turn for money without health is useless. Stay safe my friend.

If you would like to further explore this topic, we have a special guest on our radio show this Sunday at noon on WRCN (FM 103.9) - www.listentolieb.com - iheart.com (LI News Radio).

Stay safe my friends.

On April 2, 2020 we received word from NYS Empire State Development that "[r]eal estate law practices are deemed essential if it is necessary to be in-person to do the work."