Friday afternoon, Governor Cuomo’s office posted Executive Order 202.81, his eighty-fourth Executive Order during the COVID-19 state of emergency. Executive Order 202.81, dated December 11, 2020, continues the suspensions and modifications of law, and any directives, not superseded by a subsequent directive contained in Executive Orders 202.22 through 202.26 (see here), 202.32 (here), 202.33 (here), 202.34 (here), 202.35 (here), 202.44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) 202.53 (here), 202.57 (here), 202.64 (found here), and 202.69 (found here), as continued and contained in Executive Order 202.75 (found here) and Executive Order 202.74 (found here) for another thirty days through January 10, 2021. Executive Order 202.81 is effective from December 11, 2020 through January 10, 2021. A copy of Executive Order 202.81 can be found here.
MODIFICATION AND CONTINUATION OF DIRECTIVES
Executive Order 202.81 modifies and continues the following directives through January 10, 2021:
Indoor Dining in New York City is suspended.
- The directive contained in Executive Order 202.61 as continued in Executive Order 202.79 is modified to suspend authorization for indoor dining within New York City effective on Monday December 14, 2020.
Moratorium on Commercial Foreclosures and Evictions is Extended.
- The directive contained in Executive Order 202.48, which modified the directive in Executive Order in 202.28, as continued by Executive Order 202.75 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 is continued until January 31, 2021.
Discharge of COVID-19 positive patient to COVID-positive facility.
- The directive contained in Executive Order 202.30 as continued in Executive Order 202.79 is modified to allow an article 28 general hospital to discharge a patient who has not obtained a negative result to a COVID-19 test, provided that such patient is beyond the infectious period of time as required to be measured by Centers for Disease Control policy, only to a COVID-positive only facility if such facility first certifies that it is able to properly care for such patient.
Modification to closure rules in Orange COVID Containment Zones.
- The directive contained in Executive Order 202.68 that required the Department of Health to determine areas in the State that require enhanced public health restrictions based on cluster-based cases of COVID-19 is hereby modified to provide that:
- Effective December 14, 2020, gyms and fitness centers or classes located within geographic areas designated by the Department of Health as “orange zones” may continue to operate beginning on December 14, 2020 at 25% capacity subject to strict adherence to Department of Health guidance.
- Barbers, hair salons, spas, tattoo or piercing parlors, nail technicians and nail salons, cosmetologists, estheticians, the provision of laser hair removal and electrolysis, and all other personal care services located within geographic areas designated by the Department of Health as “orange zones” may operate, effective December 14, 2020, subject to strict adherence to Department of Health guidance, provided that employees performing such services directly on, or to, customers receive diagnostic testing for COVID-19 on a weekly basis for the duration of time that the business remains within an “orange zone,” and no employee provides any such services at a re-opened business without first obtaining a negative COVID-19 test result within the preceding 7 days of providing such service
MODIFICATION OR SUSPENSION OF LAWS
As with many previously issued executive orders, Executive Order 202.81 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 January 10, 2021. Executive Order 202.81 modifies or suspends the following provisions:
- Section 221-a of the Racing, Pari-mutuel Wagering and Breeding Law to the extent necessary to allow the Gaming Commission to establish by emergency order a reduced the standards for jockeys to qualify for health insurance due to race date cancellations as a result of governmental closure orders; and
- Sections 2018-a and 2018-b and paragraph s of subdivision 2 of section 1951 of the Education Law to the extent necessary to include the potential for contraction of the virus that causes COVID-19 as an illness for purposes of request or receipt of an absentee ballot.