Over the weekend, Governor Cuomo posted Executive Order 202.64, his sixty-sixth executive order during the COVID-19 state of emergency. Executive Order 202.64, dated September 18, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in Executive Orders 202.22 through 202.26 (see here), 202.32 (here), 202.33 (here), 202.34 (here), 202.35 (here), 202.44 (here), 202.45 (here) and 202.53 (here), as continued and contained in Executive Order 202.57 (found here) for another thirty days through October 18, 2020. Executive Order 202.64 is effective from September 18, 2020 through October 18, 2020. A copy of Executive Order 202.64 can be found here.
Extension of Moratorium on Commercial Eviction and Commercial Foreclosure
- Executive Order 202.64 continues through October 20, 2020, the directive contained Executive Order 202.48, which modified the directive in Executive Order in 202.28 that prohibited the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage.
As with many of prior issued executive orders, Executive Order 202.64 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 October 18, 2020. Executive Order 202.64, by modifying or suspending the applicable laws, codes, rules and regulations, to the extent necessary:
- Modifies section 522 of Labor Law to exclude from the definition of “total unemployment”, per diem, part-time work performed between September 18, 2020 and November 3, 2020 for the New York State Board of Elections or a local board of elections where the total earnings for the week from all work performed for any employer do not exceed $504.00 and the employer is not the separating employer identified in the original claim, and not to require claimants to report such part-time work when certifying for weekly benefits.