Good morning,
Over the past two days, Governor Cuomo posted two more Executive Orders, his fifty-sixth and fifty-seventh executive orders during the COVID-19 state of emergency. On August 5, 2020, Governor Cuomo issued Executive Order 202.55 and the following day, Governor Cuomo issued Executive Order 202.55.1, each is designed to address the COVID-19 crisis. In addition to these two COVID-19 related Executive Orders, Governor Cuomo also issued a separate Executive Order on August 5, 2020 in direct response to Tropical Storm Isaias.
As noted below, Executive Order 202.55 suspends or modifies certain laws, regulations and codes. It also continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.21, and Executive Order 202.27, 202.28, 202.29, 202.30, 202.38, 202.39, and 202.40, as continued and contained in Executive Order 202.48, 202.49, and 202.50 for another thirty days through September 4, 2020. Summaries of these Executive Orders can be found here. Executive Order 202.55 is effective from August 5, 2020 through September 4, 2020. A copy of Executive Order 202.55 can be found here.
Executive Order 202.55.1 amends Executive Order 202.55 to include all suspensions and modifications, not superseded by a suspension or modification in a subsequent Executive Order for the Executive Orders listed in 202.55; and provided further, Executive Orders 202.48 (found here), 202.49 (found here), and 202.50 (found here) are continued in their entirety, through September 4, 2020. Executive Order 202.55.1 is effective from August 6, 2020 through September 5, 2020. A copy of Executive Order 202.55.1 can be found here.
SUPENDED OR MODIFIED LAWS, REGULATIONS AND CODES
As with most prior executive orders, Executive Order 202.55 also suspends or modifies certain laws, codes, rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis this time through September 4, 2020. Executive Order 202.55, by modifying or suspending the applicable laws, codes, rules and regulations and municipal codes, to the extent necessary:
- Authorizes the Nassau County Executive to:
- change the deadline for the County Assessor to complete the extension of taxes for 2020-2021 school district purposes (and file the certificate associated therewith), from September 18, 2020 to October 16, 2020;
- change the deadline for the County Legislature to levy such taxes from September 18, 2020 to October 16, 2020;
- change the deadline for the County to deliver to the town tax receivers the 2020-2021 school district assessment roll and warrants from September 28, 2020 to October 26, 2020;
- change the deadline that first half 2020-2021 school district taxes shall be due and payable from October 1, 2020 to November 1, 2020; and
- change the deadline by which the first half 2020-2021 school district taxes may be paid without interest or penalties from November 10, 2020 to December 10, 2020, with payments made after such date to be subject to interest and penalties beginning on December 11, 2020.
- Extends the deadline for filing a 2020 small claims assessment review petition in relation to property located in Nassau County to September 4, 2020; provided that such deadline shall not be further extended unless expressly provided otherwise by an Executive Order issued hereafter;
- Suspends any law or regulation that creates a landlord tenant relationship between any individual assisting with the response to COVID-19 or any individual that has been displaced due to COVID-19, and any individual or entity, including but not limited to any hotel owner, hospital, not-for-profit housing provider, hospital, or any other temporary housing provider who provides temporary housing for a period of thirty days or more solely for purposes of assisting in the response to COVD-19;
- Requires that an offering statement or prospectus filed with the Department of Law must be declared effective within fifteen months from filing or from the date of issuance of the letter of the attorney general stating that the offering statement or prospectus has been accepted for filing (the “Fifteen Month Period”), and any such Fifteen Month Period, shall be tolled and extended for a period equal to, in the aggregate, the duration of Executive Order 202.55 plus an additional period of 120 days (the “Tolling Period”).
- In addition, any deadlines contained within paragraphs 352-eeee(1)(f), 352-eeee(1)(g), 352-eeee(2)(c)(vi), 352-eeee(2)(c)(vii), and 352-eeee(2)(d)(ix) shall be tolled and extended for a period equal to, in the aggregate, the duration of this Executive Order plus an additional period of 120 days.
- The sponsor must treat all tenants in occupancy as non-purchasing tenants as defined by GBL 352-eeee(1)(e) for the duration of the Tolling Period, and must provide all such tenants in occupancy with all protections accorded to non-purchasing tenants under GBL 352-eeee for the duration of the Tolling Period.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the date by which sponsor must declare the offering plan effective, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law.
- Requires that an offering statement or prospectus filed with the Department of Law must be declared effective within twelve months from filing or from the date of issuance of the letter of the attorney general stating that the offering statement or prospectus has been accepted for filing (the “Twelve Month Period”), and any such Twelve Month Period, shall be tolled and extended for a period equal to, in the aggregate, the duration of Executive Order 202.55 plus an additional period of 120 days (“the Tolling Period”).
- In addition, any deadlines contained within paragraphs 352-eee(1)(f), 352-eee(1)(g), 352-eee(2)(d)(vi), and 352-eee(2)(d)(ix) shall be tolled and extended for a period equal to, in the aggregate, the duration of Executive Order 202.55 plus an additional period of 120 days.
- The sponsor must treat all tenants in occupancy as non-purchasing tenants as defined by GBL 352-eee(1)(e) for the duration of the Tolling Period, and must provide all such tenants in occupancy with all protections accorded to non-purchasing tenants under GBL 352-eee for the duration of the Tolling Period.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the date by which sponsor must declare the offering plan effective, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law.
- Requires a sponsor to offer rescission if the first closing of a unit does not occur within a period of twelve months after the projected date for such closing (corresponding to the projected first year of operation) as set forth in the offering plan, and any such twelve month period, shall be tolled and extended for a period equal to, in the aggregate, the duration of this Executive Order plus an additional period of 120 days.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the first year of operation and projected date of first closing, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law. The Department of Law shall not deem the tolling provided under Executive Order 202.55 and Executive Order 202.18 of any such twelve month period to be a material and/or adverse event or change under terms of the offering plan or any order, rule, or regulation applicable thereto, or otherwise.
- Requires a sponsor to offer rescission if the first closing of a home or lot does not occur within a period of twelve months after the projected date for such closing (corresponding to the projected first year of operation) as set forth in the offering plan, and any such twelve month period, shall be tolled and extended for a period equal to, in the aggregate, the duration of Executive Order 202.55 plus an additional period of 120 days.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the first year of operation and projected date of first closing, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law. The Department of Law shall not deem the tolling provided under Executive Order 202.55 and Executive Order 202.18 of any such twelve month period to be a material and/or adverse event or change under terms of the offering plan or any order, rule, or regulation applicable thereto, or otherwise;
- Requires a sponsor to offer rescission if the units are not ready for occupancy within a period of twelve months after the projected date for such closing (corresponding to the projected first year of operation) as set forth in the offering plan, and any such twelve month period, shall be tolled and extended for a period equal to, in the aggregate, the duration of Executive Order 202.55 plus an additional period of 120 days.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the first year of operation and projected date of first closing, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law. The Department of Law shall not deem the tolling provided under Executive Order 202.55 and Executive Order 202.18 of any such twelve month period to be a material and/or adverse event or change under terms of the offering plan or any order, rule, or regulation applicable thereto, or otherwise.
- Requires a sponsor to set forth a budget for the first year of operation, the requirements with respect to any such budget for the projected first year of operation shall be tolled and extended for a period equal to, in the aggregate, the duration of this Executive Order plus an additional period of 120 days.
- The sponsor must submit an amendment to the offering plan to the Department of Law updating the first year of operation, as necessary, within 45 days from the expiration of Executive Order 202.55 or within such other longer timeframe as may be specified by the Department of Law, and shall not be required to offer rescission unless such budget for the first year of operation increases by 25 percent or more during the pendency of Executive Order 202.55 (or rescission otherwise is required under terms of the offering plan or any order, rule, or regulation applicable thereto, or otherwise). The Department of Law shall not deem the tolling provided under Executive Order 202.55 and Executive Order 202.18 of sponsor’s requirements with respect to the budget for the first year of operation to be a material and/or adverse event or change under terms of the offering plan or any order, rule, or regulation applicable thereto, or otherwise;
- Provides that as each unit in a condominium is first conveyed “there shall be allowed a credit against the mortgage recording taxes (except the special additional mortgage recording tax imposed by subdivision one-a of section two hundred fifty-three of the tax law) that would otherwise be payable on a purchase money mortgage,” in respect of a portion of certain mortgage taxes previously paid, provided certain two-year time periods (as specified therein) have not elapsed before the recordation of the declaration of condominium or the first condominium unit is sold, as the case may be, the running of any such two-year period(s) is hereby suspended for the duration of Executive Order 202.55, and any such two-year period is hereby extended for a period equal to the duration of this Executive Order plus an additional period of 120 days.
In addition, Governor Cuomo issued an Executive Order on August 5, 2020 to address the damage and hazardous conditions existing in certain regions as a result of Tropical Storm Isaias. Executive Order 206 declares a state of emergency for the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester, and contiguous counties. Executive Order 206 is effective from August 5, 2020 through September 4, 2020. A copy of Executive Order 206 can be found here.
Specifically, Executive Order 206 directs the implementation of the State Comprehensive Emergency Management Plan and authorizes the State Office of Emergency Management, the Department of Transportation, the Division of State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the Public Service Commission, the Office of Fire Prevention and Control, the Office of Parks, Recreation and Historic Preservation, the Office of General Services, the Thruway Authority, the Division of Homeland Security and Emergency Services, and any other State agencies and State authorities, as necessary to take appropriate action to assist local governments and individuals in containing, preparing for, responding to, and recovering from this public health emergency, to protect state and local property, and to provide such other assistance as is necessary to protect public health, welfare, and safety.