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The Governor has issued Executive Order 202.20 which relates to marriage licenses and remote marriage services during the current state of emergency. The Executive Order:

  • Waives the 60 days required to obtain a marriage license during the period of time that there exists a declared emergency in New York State;
  • Permits those persons who were unable to marry within the time frame issued on the marriage license to obtain a second marriage license (and waives the fees), if necessary, mirroring the original marriage license that was obtained during the period of time a declared emergency existed in New York State; 
  • Authorizes the issuance of a marriage license application, marriage license, or witnessing or solemnizing of the marriage ceremony, to be performed utilizing audio-video technology provided certain conditions are met.

The Executive Order can be found here.

Governor Cuomo has issued Executive Order 202.21 which can be found here. The Executive Order clarifies that any officiant, public or private, is able to perform or solemnize such marriage ceremony utilizing audio-video technology, per Executive Order 202.20.

CLICK HERE FOR UPDATED GOVERNMENT GUIDANCES

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Governor Cuomo Press Briefing

  • In response to multiple tweets from the President during the briefing attacking Governor Cuomo for his response to the outbreak, the Governor strongly pushed back and redirected the responsibility to the President and federal government for getting key aspects of preparation and response to the crisis wrong and urged the President to fire the people who were responsible.
  • The curve continues to flatten and is slightly down for the fourth straight day. The amount of new hospitalizations and number of intubations continues to decrease significantly, but there are still many (1,974 yesterday) new COVID hospitalizations every day.
  • There were a total of 630 COVID-19-related deaths yesterday. This represents a slight increase over the previous day – but for the last several days the number was generally flat. A total of 12,822 New Yorkers have passed away from coronavirus.
  • Yesterday, Governor Cuomo announced that NY PAUSE social distancing protocols, including school and business closures, would remain in effect until May 15th. He also announced a “Blueprint to Un-Pause New York” to gradually get people back to work and ease social isolation. Today, the Governor outlined additional measures the State will take to “un-pause.”
  • Operate the State’s 301 laboratories and hospitals that are authorized to perform virology testing with a coordinated strategy. However, sections of the supply chain come from China, so Federal intervention is needed. For the State’s part, the Governor is signing an Executive Order to direct all public and private labs in the State to coordinate with the Department of Health to ensure prioritizing of diagnostic testing for public health and restarting the economy.
  • The State’s finances need to be stabilized. In order for the State to accomplish the goal of reopening the Federal Government needs to provide it the resources to do the job. The National Governor’s Association Chair, Maryland Governor Larry Hogan, and Governor Cuomo, NGA’s Vice Chair, have jointly requested on behalf of the Association that Congress allocate $500 billion for State and Local Governments.
  • The coronavirus crisis is going to change society in substantial ways. The Governor believes we will have to reimagine the workplace, public transportation, and public interactions as a result.

Executive Order 202.18

Through May 16, 2020, the Executive Order makes the following directives:

  • Any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health shall notify family members or next of kin if any resident tests positive for COVID-19, or if any resident suffers a COVID-19 related death, within 24 hours of such positive test result or death.
  • Any person utilizing public or private transportation carriers or other for-hire vehicles, who is over age two and able to medically tolerate a face covering, shall wear a mask or face covering over the nose and mouth during any such trip; any person who is operating such public or private transport, shall likewise wear a face covering or mask which covers the nose and mouth while there are any passengers in such vehicle. This directive shall take effect in the same manner as Executive Order 202.17, at 8 p.m. on Friday, April 17, 2020.
  • Executive Order 202.14, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, and 202.13 which each closed or otherwise restricted public or private businesses or places of public accommodation, and which required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings or other social events), is hereby continued, provided that the expiration date of such provisions of such Executive Orders shall be aligned, such that all in-person business restrictions and workplace restrictions will be effective until 11:59 p.m. on May 15, 2020, unless later extended by a future Executive Order. All enforcement mechanisms by state or local governments shall continue to be in full force an effect until May 15, 2020 unless later extended by a future Executive Order.
  • Executive Order 202.14, which extended the directive contained in Executive Order 202.4 as amended by Executive Order 202.11 related to the closure of schools statewide is hereby continued to provide that all schools shall remain closed through May 15, 2020, at which time the continued closure shall be re-evaluated. No school shall be subject to a diminution in school aid due to failure to meet the 180 day in session requirement as a result of the COVID-19 outbreak, provided their closure does not extend beyond the term set forth herein. School districts must continue plans for alternative instructional options, distribution and availability of meals, and child care, with an emphasis on serving children of essential workers, and continue to first use any vacation or snow days remaining.

Through May 16, 2020, the Executive Order makes the following suspensions and modifications:

  • Allows registered nurses, licensed practical nurses, and nurse practitioners, physicians, physicians assistants, radiologic technologists, clinical nurse specialists, and specialist assistants licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Allow licensed master social workers, licensed clinical social workers, and substantially similar titles licensed and in current good standing in any state in the United States, or in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Allows specialist assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers, licensed master social workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who have an unencumbered license and  are currently in good standing in New York State but not registered in New York State to practice in New York State without civil or criminal penalty related to lack of registration.
  • Permits graduates of State Education Department registered, licensure qualifying nurse practitioner education programs to be employed to practice nursing in a hospital or nursing home for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, provided that the graduate files with the State Education Department an application for certification as a nurse practitioner.
  • Permits graduates of State Education Department registered, licensure qualifying clinical laboratory technology and clinical laboratory technician education programs to be employed to practice for 180 days immediately following successful completion of  a New York State Registered licensure qualifying education program, in a clinical laboratory with a valid New York State permit, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit.
  • Extends the triennial registrations of pharmacy establishments who are currently registered and whose registration is set to expire on or after March 31, 2020. An application for re-registration of such registrations shall be submitted no later than 30 days after expiration of Executive Order 202.
  • Extends the statements of domestic or foreign professional service corporations, design professional service corporations, registered professional limited liability partnerships, New York registered foreign professional limited liability partnerships whose statements are set to expire on or after March 31, 2020. Such statements shall be filed no later than 30 days after the expiration of Executive Order 202.
  • Extends the triennial renewal of certificates of authorizations of domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered professional limited liability partnerships, New York registered professional foreign limited liability partnerships, partnerships and joint enterprises specified in Education Law §7209(4) authorized to provide professional engineering, land surveying or professional geology services whose certificates of authorizations are set to expire on or after March 31, 2020. The application for the renewal of such certificates of authorization shall be submitted no later than 30 days after the expiration of Executive Order 202.
  • Extends the waivers for certain special education schools and early intervention programs providing certain professional services whose waivers are set to expire on or after March 31, 2020. An application for renewal of such waivers shall be submitted no later than 30 days after expiration of Executive Order 202.
  • Permits pharmacy technicians and pharmacists to practice at an alternative location, including their home, as long as there is adequate security to prevent any Personal Health Information from being compromised.
  • Permits annual meetings of members under Section 603(b) of the Not-for-Profit Corporations Law to be held remotely or by electronic means.
  • Makes various changes to the requirements of Title 9 home food delivery services.
  • Modifies the requirement that an offering statement or prospectus become effective within fifteen months from filing or from the date of issue of the letter of the attorney general stating that the offering statement or prospectus has been accepted for filing, and any such fifteen month period, shall be tolled during the duration of this executive order.
  • Modifies the requirement that  certain filing fees be made at the time of submission and filing of each offering statement or prospectus, shall be exempted during the duration of this executive order, it being understood that such filing fees shall be remitted in full to the department of law within 90 days from the expiration of this executive order.
  • Modifies any order, rule, or regulation in furtherance of the requirements thereof, to the extent it requires sponsor to set forth a budget for the first year of condominium operation, the requirements with respect to any such projected first year of condominium operation are hereby tolled for the duration of this executive order.  Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of this executive order and shall not be required to offer rescission, to the extent such budget for the first year of operation does not increase by 25 percent or more during the pendency of the state of disaster emergency.
  • Modifies any order, rule, or regulation in furtherance of the requirements thereof, to the extent it requires sponsor to offer rescission if the first closing of a unit does not occur within the first year of operation projected in schedule B, is hereby tolled for the duration of the executive order. Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of this executive order.
  • Allows clinical laboratory practitioners to perform testing in a clinical laboratory under remote supervision, provided a supervisor is on-site at least eight hours per week.
  • Waives the 15 day waiting period in which a service retirement application must be on file before it becomes effective, which suspension shall be deemed to have been in effect on and after the issuance of executive order 202, and shall enable any member who has died due to COVID-19 after March 7, 2020 while an application was on file, but not yet effective, shall be entitled to retirement benefits due to them pursuant to this suspension.

The White House

The White House has released guidelines on “Opening Up America Again” which provides information for states that meet certain benchmarks to reopen their economy in phases.

Up-To-Date Guidance

  • The following is the updated guidance on use of golf courses in the Recreation section:
  • “However, golf courses are not essential and cannot have employees working on-premise; notwithstanding this restriction, essential services, such as groundskeeping to avoid hazardous conditions and security, provided by employees, contractors, or vendors are permitted and private operators may permit individuals access to the property so long as there are no gatherings of any kind and appropriate social distancing of six feet between individuals is strictly abided.”
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE TO VIEW GOVERNMENT GUIDANCES UPDATE – APRIL 17, 2020

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The Governor has issued Executive Order 202.18, which can be found here.

Through May 16, 2020, the Executive Order makes the following directives:

  • Any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health shall notify family members or next of kin if any resident tests positive for COVID-19, or if any resident suffers a COVID-19 related death, within 24 hours of such positive test result or death.
  • Any person utilizing public or private transportation carriers or other for-hire vehicles, who is over age two and able to medically tolerate a face covering, shall wear a mask or face covering over the nose and mouth during any such trip; any person who is operating such public or private transport, shall likewise wear a face covering or mask which covers the nose and mouth while there are any passengers in such vehicle. This directive shall take effect in the same manner as Executive Order 202.17, at 8 p.m. on Friday, April 17, 2020.
  • Executive Order 202.14, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, and 202.13 which each closed or otherwise restricted public or private businesses or places of public accommodation, and which required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings or other social events), is hereby continued, provided that the expiration date of such provisions of such Executive Orders shall be aligned, such that all in-person business restrictions and workplace restrictions will be effective until 11:59 p.m. on May 15, 2020, unless later extended by a future Executive Order. All enforcement mechanisms by state or local governments shall continue to be in full force an effect until May 15, 2020 unless later extended by a future Executive Order.
  • Executive Order 202.14, which extended the directive contained in Executive Order 202.4 as amended by Executive Order 202.11 related to the closure of schools statewide is hereby continued to provide that all schools shall remain closed through May 15, 2020, at which time the continued closure shall be re-evaluated. No school shall be subject to a diminution in school aid due to failure to meet the 180 day in session requirement as a result of the COVID-19 outbreak, provided their closure does not extend beyond the term set forth herein. School districts must continue plans for alternative instructional options, distribution and availability of meals, and child care, with an emphasis on serving children of essential workers, and continue to first use any vacation or snow days remaining.

Through May 16, 2020, the Executive Order makes the following suspensions and modifications:

  • Allows registered nurses, licensed practical nurses, and nurse practitioners, physicians, physicians assistants, radiologic technologists, clinical nurse specialists, and specialist assistants licensed and in current good standing in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Allow licensed master social workers, licensed clinical social workers, and substantially similar titles licensed and in current good standing in any state in the United States, or in any province or territory of Canada, to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Allows specialist assistants, respiratory therapists, respiratory therapist technicians, pharmacists, clinical nurse specialists, dentists, dental hygienists, registered dental assistants, midwives, perfusionists, clinical laboratory technologists, cytotechnologists, certified clinical laboratory technicians, certified histological technicians, licensed clinical social workers, licensed master social workers, podiatrists, physical therapists, physical therapist assistants, mental health counselors, marriage and family therapists, creative arts therapists, psychoanalysts and psychologists who have an unencumbered license and  are currently in good standing in New York State but not registered in New York State to practice in New York State without civil or criminal penalty related to lack of registration.
  • Permits graduates of State Education Department registered, licensure qualifying nurse practitioner education programs to be employed to practice nursing in a hospital or nursing home for 180 days immediately following successful completion of a New York State Registered licensure qualifying education program, provided that the graduate files with the State Education Department an application for certification as a nurse practitioner.
  • Permits graduates of State Education Department registered, licensure qualifying clinical laboratory technology and clinical laboratory technician education programs to be employed to practice for 180 days immediately following successful completion of  a New York State Registered licensure qualifying education program, in a clinical laboratory with a valid New York State permit, provided that the graduate files an application for a New York State clinical laboratory practitioner license and limited permit.
  • Extends the triennial registrations of pharmacy establishments who are currently registered and whose registration is set to expire on or after March 31, 2020. An application for re-registration of such registrations shall be submitted no later than 30 days after expiration of Executive Order 202.
  • Extends the statements of domestic or foreign professional service corporations, design professional service corporations, registered professional limited liability partnerships, New York registered foreign professional limited liability partnerships whose statements are set to expire on or after March 31, 2020. Such statements shall be filed no later than 30 days after the expiration of Executive Order 202.
  • Extends the triennial renewal of certificates of authorizations of domestic or foreign professional service corporations, design professional service corporations, professional service limited liability companies, foreign professional service limited liability companies, registered professional limited liability partnerships, New York registered professional foreign limited liability partnerships, partnerships and joint enterprises specified in Education Law §7209(4) authorized to provide professional engineering, land surveying or professional geology services whose certificates of authorizations are set to expire on or after March 31, 2020. The application for the renewal of such certificates of authorization shall be submitted no later than 30 days after the expiration of Executive Order 202.
  • Extends the waivers for certain special education schools and early intervention programs providing certain professional services whose waivers are set to expire on or after March 31, 2020. An application for renewal of such waivers shall be submitted no later than 30 days after expiration of Executive Order 202.
  • Permits pharmacy technicians and pharmacists to practice at an alternative location, including their home, as long as there is adequate security to prevent any Personal Health Information from being compromised.
  • Permits annual meetings of members under Section 603(b) of the Not-for-Profit Corporations Law to be held remotely or by electronic means.
  • Makes various changes to the requirements of Title 9 home food delivery services.
  • Modifies the requirement that an offering statement or prospectus become effective within fifteen months from filing or from the date of issue of the letter of the attorney general stating that the offering statement or prospectus has been accepted for filing, and any such fifteen month period, shall be tolled during the duration of this executive order.
  • Modifies the requirement that  certain filing fees be made at the time of submission and filing of each offering statement or prospectus, shall be exempted during the duration of this executive order, it being understood that such filing fees shall be remitted in full to the department of law within 90 days from the expiration of this executive order.
  • Modifies any order, rule, or regulation in furtherance of the requirements thereof, to the extent it requires sponsor to set forth a budget for the first year of condominium operation, the requirements with respect to any such projected first year of condominium operation are hereby tolled for the duration of this executive order.  Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of this executive order and shall not be required to offer rescission, to the extent such budget for the first year of operation does not increase by 25 percent or more during the pendency of the state of disaster emergency.
  • Modifies any order, rule, or regulation in furtherance of the requirements thereof, to the extent it requires sponsor to offer rescission if the first closing of a unit does not occur within the first year of operation projected in schedule B, is hereby tolled for the duration of the executive order. Sponsor must update the first year of operation, as necessary, within 30 days from the expiration of this executive order.
  • Allows clinical laboratory practitioners to perform testing in a clinical laboratory under remote supervision, provided a supervisor is on-site at least eight hours per week.
  • Waives the 15 day waiting period in which a service retirement application must be on file before it becomes effective, which suspension shall be deemed to have been in effect on and after the issuance of executive order 202, and shall enable any member who has died due to COVID-19 after March 7, 2020 while an application was on file, but not yet effective, shall be entitled to retirement benefits due to them pursuant to this suspension.
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What’s New Today

Governor Cuomo Press Briefing

  • NY PAUSE social distancing protocols will be extended in coordination with other states until May 15.
  • The Governor is going to expand Executive Order 202.17 (outlined below) to require wearing a mask when on public transportation systems and in private transportation carriers and for-hire vehicles. Additionally, all operators of public systems, private carriers and for-hire vehicles must wear a mask at all times. Executive Order 202.17 requires wearing a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance.  The mandate will be effective Friday, April 17 at 8 p.m.
  • The curve continues to flatten and is slightly down for the third straight day. The amount of new hospitalizations and number of intubations continues to decrease significantly, but there are still many (1,956 yesterday) new COVID hospitalizations every day. 
  • There were a total of 606 COVID-19-related deaths yesterday. This represents a slight decrease under the previous day – but for the last several days the number was generally flat. A total of 12,192 New Yorkers have passed away from coronavirus. 
  • The Governor continued to outline his plan to “Un-Pause NY” which includes controlling the rate of infection, strengthening the healthcare system, increase testing capacity with the Federal Government, and a phased return to a “new normal.”
  • A phased return to a “new normal” will follow a gradual increase of businesses opening based on “essential” and health safety criteria. The State will bring people back to work in a gradual increase of percentage of workers allowed to be on site based on a matrix of need and risk.
  • The Governor said we must reimagine the workplace to find ways to separate people and work remotely when possible. Businesses need to begin planning ways to make their workforce operate safely including redesigning transportation, the workplace, and customer interactions.
  • If the process to reopen leads to an increase in the virus spreading and hospitalization the State will have to close again. Modeling is not conclusive on how fast the virus will spread so as we start reopening the State will be attempting to keep track of this and if it gets too high businesses will have to close again. Under current social distancing protocols the infection rate is 0.9% and the infection rate that would overwhelm the hospital system is 1.2%, leaving a small margin for error.
  • New York has been aggressive in testing and has completed 500,000 in 30 days – more than California, Florida, and Michigan combined. However, that is only a fraction of the 19 million people and 9 million workers in the State. The Governor says the Federal Government needs to step in to coordinate widespread testing.
  • New York is sending 100 ventilators to New Jersey.

U.S. Small Business Administration

The SBA is currently unable to accept new applications for the Paycheck Protection Program based on available appropriations funding.

New York State Executive Order 202.17

  • Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance. 
  • Amends the below section of Executive Order 202.16 to require such letters be issued by the Attorney General.
  • Executive Order 202.16: “The New York City Department of Law shall issue no-action or no-filing letters received during the duration of this executive order within 45 days from submission of such no-action or no-filing application made to the department of law for essential projects involving affordable housing and homeless shelters. For each application granted by the department of law which permits the applicant to solicit public interest or public funds preliminary to the filing of an offering statement or for the issuance of a “no-filing required” letter. The New York City Department of Finance shall process and record condominium declarations for essential projects involving hospitals or health care facilities, affordable housing, and homeless shelters within 30 days of receipt of such filing.”

New York City Executive Order 107

  • Extends the Campaign Finance Board’s deadline to review disclosure reports from thirty days to sixty days.
  • Suspends the requirement for assessors to conduct in person examinations of real estate, provided that any examination of a parcel of real estate required by such section shall be conducted by electronic means.
  • Extends any license or permit issued by the City, and authorized by a local law or rule, that will expire or is otherwise required to be renewed during the State of Emergency.
  • Suspends all applicable implementation deadlines related to section 225-a of the New York City Charter concerning participatory budgeting, section 3202(a)(4) of the New York City Charter concerning publication of a poll site language assistance methodology and section 23-1102(b )(12) of the New York City Administrative Code concerning publication of language access implementation plans, and order that such deadlines are tolled for the duration of the emergency.

Up-To-Date Guidance

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

GOVERNMENT GUIDANCES DOCUMENT UPDATE APRIL 16, 2020

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Reports of scammers are on the rise with respect to the PPP and EIDL programs. If you hear about anything from your constituents, please forward the email to my attention. I would encourage them to report fraud directly via the information below, as well.

A couple of things that we’ve seen directly:

  1. Emails impersonating SBA to a borrower regarding PPP loan applications. SBA DOES NOT communicate with borrowers regarding specific PPP loan applications. All PPP loan correspondence should be between the lender and the borrower.
  2. Emails impersonating SBA asking for borrowers to complete and sign attached documents to “complete” their disaster “Grant Application.” SBA does not process grants. All EIDL loan processing now occurs through the EIDL portal, and legitimate loan approval emails clearly reference the original confirmation #. If additional documentation is required (95% of loans do not require more documentation), it is electronically handled in the portal. EIDL Advances process with NO action required on the part of the applicant.
  3. These phishing emails are sophisticated, with SBA logos and styling consistent with legitimate SBA communications. If in doubt, the borrower may contact our office.

Report Fraud

Report any suspected fraud to OIG’s Hotline at 800-767-0385 or online at, https://www.sba.gov/about-sba/oversight-advocacy/office-inspector-general/office-inspector-general-hotline.

https://www.sba.gov/document/report–sba-programs-scams-fraud-alerts

The Office of Inspector General recognizes that we are facing unprecedented times and is alerting the public about potential fraud schemes related to economic stimulus programs offered by the U.S. Small Business Administration in response to the Novel Coronavirus Pandemic (COVID-19).  The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the largest financial assistance bill to date, includes provisions to help small businesses. Fraudsters have already begun targeting small business owners during these economically difficult times.  Be on the lookout for grant fraud, loan fraud, and phishing.

Scams and Fraud Schemes

Grants

  • SBA does not initiate contact on either 7a or Disaster loans or grants.  If you are proactively contacted by someone claiming to be from the SBA, suspect fraud.

Loans

  • If you are contacted by someone promising to get approval of an SBA loan, but requires any payment up front or offers a high interest bridge loan in the interim, suspect fraud.
  • SBA limits the fees a broker can charge a borrower to 3% for loans $50,000 or less and 2% for loans $50,000 to $1,000,000 with an additional ¼% on amounts over $1,000,000.  Any attempt to charge more than these fees is inappropriate.
  • If you have a question about getting a SBA disaster loan, call 800-659-2955 or send an email to [email protected].
  • If you have questions about other SBA lending products, call SBA’s Answer Desk at 800-827-5722 or send an email to [email protected].

Phishing

  • If you are in the process of applying for an SBA loan and receive email correspondence asking for PII, ensure that the referenced application number is consistent with the actual application number.
  • Look out for phishing attacks/scams utilizing the SBA logo.  These may be attempts to obtain your personally identifiable information (PII),to obtain personal banking access, or to install ransomware/malware on your computer.
  • Any email communication from SBA will come from accounts ending with sba.gov.
  • The presence of an SBA logo on a webpage does not guaranty the information is accurate or endorsed by SBA.  Please cross-reference any information you receive with information available at www.sba.gov.

Report Fraud

Report any suspected fraud to OIG’s Hotline at 800-767-0385 or online at, https://www.sba.gov/about-sba/oversight-advocacy/office-inspector-general/office-inspector-general-hotline.

U.S. Small Business Administration 
(315) 471-9393 ext. 241

CLICK HERE TO VIEW THE PDF

Cassandra Harrington
Executive Director
Destination Marketing Corp for Otsego County
Jordan Cottage
20 Chestnut Street
Cooperstown, NY 13326
(P)(607) 322-4046
[email protected]

www.ThisIsCooperstown.com

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Governor Cuomo Press Briefing

  • The Governor announced that he will issue an Executive Order today requiring all people in public to wear a mask or face covering in all situations where a person may not be able to maintain social distancing. The Executive Order will be effective Friday, April 17th. At this time there will not be a penalty for non-compliance, but if there is not widespread compliance a civil penalty may be applied. The requirement will be enforced at the local level.
  • The curve continues to flatten and is slightly down for the second straight day. The amount of new hospitalizations and number of intubations continues to decrease, but there are still many (over 2,200 yesterday) new COVID hospitalizations every day.
  • There were a total of 752 COVID-19-related deaths yesterday. This represents a slight decrease under the previous day – but for the last several days the number was generally flat. A total of 11,586 New Yorkers have passed away from coronavirus.
  • The Governor wants to “build a bridge” from a closed economy to an open economy, with the ultimate resolution being an effective vaccine which could take over a year. In the meantime, there are medical treatments that could help open the economy including convalescent plasma, antibody testing, and hydroxychloroquine.
  • Reopening the economy will be a gradual, phased process. The most immediate need is an increase in multiple forms of testing to determine who can return to work safely. To test at the scale necessary support from the Federal Government is needed. The State also needs funding from the Federal Government to manage all these functions to reopen.
  • New York State has ramping up their own production of antibody tests and will prioritize healthcare workers, first responders, and essential workers.
  • During the phased reopening the State will weigh factors for opening businesses including, how “essential” the business service or product is, and what is the risk of “infection spread” of the business. The state will then use a matrix to determine which business can start to open starting with low risk highly essential businesses. 
  • New York is sending 100 ventilators to Michigan and 50 to Maryland to help those state deal with the crisis.

New York City Council

New York City Council Speaker Corey Johnson announced that the New York City Council would hold a Stated meeting on Wednesday April 22, 2020, the first since all hearings and stated meetings were called off because of the coronavirus/COVID-19 pandemic. The April 22 stated will be held remotely, which is a first in the legislative body’s 82-year history. Members of the public will be able to watch online in real time on the Council website. 

Up-To-Date Guidance

  • New York State Office for People with Developmental Disabilities:
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

GOVERNMENT GUIDANCES UPDATE APRIL 15, 2020

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Governor Cuomo Press Briefing

  • The curve continues to flatten and is slightly down for the first time. The net change in intubations (the number of people on ventilators) continues to decrease. New COVID hospitalizations continue to trend downwards, but 1,649 new hospitalizations occurred yesterday.
  • There were a total of 778 COVID-19-related deaths yesterday. This represents an uptick over the previous day – but for the last several days the number was generally flat. A total of 10,834 New Yorkers have passed away from coronavirus. 
  • Seven states including New York, New Jersey, Connecticut, Pennsylvania, Delaware Rhode Island, and Massachusetts, have formed a multi-state council to get people back to work and restore the economy.
  • The Council will include a public health expert, an economic development expert, and the Chiefs of Staff for the respective Governor’s offices.
  • The Council will develop a fully integrated regional framework to gradually lift stay at home orders.
  • The Governor addressed comments by President Trump stating that the White House has the authority to reopen States. The Governor said this is untrue and urged the President to continue to work collaboratively instead of divisively. The Governor wants to continue to work together with the Federal Government.
  • By next week the State will be able to produce 2,000 antibody tests per day. The Governor would like the Federal Government to produce more of them so they can be used to determine which workers are able to return to work first.
  • The Governor was asked about NYC Mayor Bill de Blasio’s announcement that the City will purchase 50,000 coronavirus test kits weekly from an Indiana-based company as well as start producing their own tests. The Governor said there are only a handful of companies producing tests which limits supply while demand is high. He said FEMA should take over coordinating all test distribution and allocate them to the states that are in need.

Up-To-Date Guidance

  • There have been no changes since our last update.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

GOVERNANCE GUIDANCES UPDATE APRIL 14, 2020

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Governor Cuomo Press Briefing

  • The curve continues to flatten and plateau. Total hospitalizations are increasing slightly, but have remained relatively flat for the last few days. The gross change in new COVID hospitalizations per day is going down, but there were still 1,958 new hospitalizations yesterday.
  • There were a total of 671 COVID-19-related deaths yesterday. This represents a decline over previous days – where the number was generally flat. A total of 10,056 New Yorkers have passed away from coronavirus.
  • The Governor outlined a “Reopening” Objective process which includes coordinating the reopening of economic, transportation, schools, etc. while watching the infection rate to make sure there is not a second wave. This objective will be designed by public health and economic experts, not politicians, and will have a regional component.
  • The Governor is discussing a regional reopening plan with neighboring Governors and the group will make an announcement today at 2:00 p.m. The Governor has previously discussed a desire for a regional plan that includes New Jersey and Connecticut.
  • The Governor reiterated that there won’t be a definitive moment in time that the crisis will end – there will be no “light-switch.” Rather, there will be points of resolution over time where aspects of the crisis improve. The ultimate resolution will occur when there is a vaccine widely available, which could take 12-18 months.

JUST RELEASED: Executive Order 202.16

Through May 12, 2020 the Executive Order issues the following directives:

  • The New York City Department of Law shall issue no-action or no-filing letters received during the duration of this executive order within 45 days from submission of such no-action or no-filing application made to the department of law for essential projects involving affordable housing and homeless shelters. For each application granted by the department of law which permits the applicant to solicit public interest or public funds preliminary to the filing of an offering statement or for the issuance of a “no-filing required” letter. The New York City Department of Finance shall process and record condominium declarations for essential projects involving hospitals or health care facilities, affordable housing, and homeless shelters within 30 days of receipt of such filing.
  • Any political party, political party authority or political party official, which, by virtue of any law has a caucus scheduled or otherwise required to take place in April or May of 2020, shall be postponed until June 1, 2020, without prejudice, however such caucus may continue if the caucus is able to be held remotely, through use of telephone conference, video conference, and/or other similar service, and provided that notice for any party caucus to be held remotely shall be deemed satisfied if such notice includes specific information on remote participation and has been filed with the clerk and board of elections at least five days preceding the day of the caucus and published either by newspaper publication thereof once within the village, or on the party ‘s website, or through electronic mail to any previous caucus participant for which the party has an electronic mail address.
  • For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees. This provision may be enforced by local governments or local law enforcement as if it were an order pursuant to section 12 or 12-b of the Public Health Law.  This requirement shall be effective Wednesday, April 15 at 8 p.m.

Through May 12, 2020 the Executive Order issues the following suspensions and modifications:

  • Sections 8602 and 8603 of the Education Law, and section 58-1.5 of Title 10 of the NYCRR, to the extent necessary to permit individuals to perform testing for the detection of SARS-CoV-2, or its antibodies, in specimens collected from individuals suspected of suffering from a COVID-19 infection; individuals performing testing must meet the federal requirements for testing personnel appropriate to the assay or device authorized by the FDA or the New York State Department of Health.
  • Section 711 of the Real Property and Proceedings Law, Section 232-a of the Real Property Law, and subdivisions 8 and 9 of section 4 of the Multiple Dwelling Law, and any other law or regulation are suspended and modified to the extent that such laws would otherwise create 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.

Up-To-Date Guidance

  • There have been no changes since our last update.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE TO VIEW THE UPDATED GOVERNMENT GUIDANCES DOCUMENT – 4/13/20

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Governor Cuomo Press Briefing

  • New York is flattening the curve. The NY PAUSE protocols are working and must continue because they have been effective in lowering the curve below all original projections.
  • Hospitalizations over a three-day average are down and change in ICU admissions is a negative number for the first time, meaning there are fewer people in ICU units statewide today than there were yesterday. 
  • 777 people passed away yesterday and a total of 7,844 New Yorkers have passed away so far. The number of lives lost has gone down from the previous day for the first time. 
  • The Governor is working with the New York Congressional delegation to explore setting up a COVID-19 Heroes Compensation Fund to support healthcare and other frontline workers and their families.
  • New York State Department of Health (DOH) is working on bringing an antibody test to scale, which is key to getting life back to the “new normal.” DOH’s testing capabilities are increasing rapidly, but need to grow even faster so we can determine who can go back to work. The Governor wants the Federal Government to use the Defense Production Act to compel companies to produce millions of antibody tests faster.
  • Other countries and cities who have “reopened” have seen second waves of the virus. For now, the Governor wants to avoid this by continuing social distancing protocols while testing methods are improved. Reopening the economy will be a gradual process.

Executive Order 202.15

Through May 9, 2020, the Executive Order makes the following directives:

  • Any local official, state official or local government or school, which, by virtue of any law has a public hearing scheduled or otherwise required to take place in April or May of 2020 shall be postponed, until June 1, 2020, without prejudice, however such hearing may continue if the convening public body or official is able to hold the public hearing remotely, through use of telephone conference, video conference, and/or other similar service.
  • For the period from the date of this Executive Order through May 9, 2020, the Department of Taxation and Finance is authorized to accept digital signatures in lieu of handwritten signatures on documents related to the determination or collection of tax liability. The Commissioner of Taxation and Finance shall determine which documents this directive shall apply to and shall further define the requirements for accepted digital signatures.
  • Section 8-400 of the Election Law is temporarily suspended and hereby modified to provide that due to the prevalence and community spread of COVID-19, an absentee ballot can be granted based on temporary illness and shall include the potential for contraction of the COVID-19 virus for any election held on or before June 23, 2020.
  • Solely for any election held on or before June 23, 2020, Section 8-400 of the Election Law is hereby modified to allow for electronic application, with no requirement for in-person signature or appearance to be able to access an absentee ballot.

Through May 9, 2020, the Executive Order makes the following suspensions and modifications:

  • Allows bottled and bulk water product facilities currently certified in in New York to temporarily, if their stock of regularly used labels has been depleted, distribute bottled or bulk water products without an assigned New York State Department of Health certificate number shown on the product label and use labels authorized in any other state.
  • Permits a manufacturer, repacker, or wholesaler of prescription drugs or devices, physically located outside of New York and not registered in New York, but licensed and/or registered in any other state, to deliver into New York, prescription drugs or devices.
  • Allows a New York-licensed pharmacy to receive drugs and medical supplies or devices from an unlicensed pharmacy, wholesaler, or third-party logistics provider located in another state to alleviate a temporary shortage of a drug or device that could result in the denial of health care under certain conditions.
  • Allows individuals, who graduated from registered or accredited medical programs located in New York State in 2020, to practice medicine in New York State, without the need to obtain a license.
  • Limits the Department of Health’s review functions to essential matters during the pendency of the COVID-19 health crisis, and to toll any statutory time limits for transfer notices pertaining to operators of Article 28 and Article 36 licensed entities for the duration of this declaration of disaster emergency.
  • Allows Protestant Episcopal parishes to postpone any annual election.
  • Suspend the requirement that public hearings are required, provided that public comments shall still be accepted either electronically or by mail, to satisfy public participation requirements, as related to certain sections of the Environmental Conservation Law.
  • Delays the April 1 requirement that parents must file transportation requests with their school district in order to obtain transportation for their children for the following school year.
  • Allows respiratory therapy technicians, mental health counselors, marriage and family therapists, creative arts therapists and psychanalysts licensed and in current good standing in any state in the United States to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Permits funeral directors licensed and in good standing in any state or territory of the United States to practice as a funeral director in New York State upon the approval of, and pursuant to such conditions as may be imposed by, the Commissioner of Health,  without civil or criminal penalty related to lack of licensure in New York State.
  • Allows persons deputized by the Commissioner of Health to be agents authorized by a funeral director or undertaker to be present and personally supervise and arrange for removal or transfer of each dead human body.
  • Allow persons deputized by the Commissioner of Health to be agents authorized by a funeral director or undertaker, or a county coroner, coroner physician and/or medical director for those deceased human bodies within their supervision, to personally supervise and arrange the delivery of a deceased person to the cemetery, crematory or a common carrier, with a copy of the filed death certificate.
  • Permits the State Registrar to register death certificates and issue burial and removal permits, upon the request of a local registrar and upon approval of the Commissioner of Health.

Up-To-Date Guidance

  • This guidance was significantly updated yesterday. If you need more information please reach out to us.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE FOR THE FULL GOVERNMENT GUIDANCES – UPDATED APRIL 10, 2020

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The Governor has issued Executive Order 202.15, which can be found here.

Through May 9, 2020, the Executive Order makes the following directives:

  • Any local official, state official or local government or school, which, by virtue of any law has a public hearing scheduled or otherwise required to take place in April or May of 2020 shall be postponed, until June 1, 2020, without prejudice, however such hearing may continue if the convening public body or official is able to hold the public hearing remotely, through use of telephone conference, video conference, and/or other similar service.
  • For the period from the date of this Executive Order through May 9, 2020, the Department of Taxation and Finance is authorized to accept digital signatures in lieu of handwritten signatures on documents related to the determination or collection of tax liability. The Commissioner of Taxation and Finance shall determine which documents this directive shall apply to and shall further define the requirements for accepted digital signatures.
  • Section 8-400 of the Election Law is temporarily suspended and hereby modified to provide that due to the prevalence and community spread of COVID-19, an absentee ballot can be granted based on temporary illness and shall include the potential for contraction of the COVID-19 virus for any election held on or before June 23, 2020.
  • Solely for any election held on or before June 23, 2020, Section 8-400 of the Election Law is hereby modified to allow for electronic application, with no requirement for in-person signature or appearance to be able to access an absentee ballot.

Through May 9, 2020, the Executive Order makes the following suspensions and modifications:

  • Allows bottled and bulk water product facilities currently certified in in New York to temporarily, if their stock of regularly used labels has been depleted, distribute bottled or bulk water products without an assigned New York State Department of Health certificate number shown on the product label and use labels authorized in any other state.
  • Permits a manufacturer, repacker, or wholesaler of prescription drugs or devices, physically located outside of New York and not registered in New York, but licensed and/or registered in any other state, to deliver into New York, prescription drugs or devices.
  • Allows a New York-licensed pharmacy to receive drugs and medical supplies or devices from an unlicensed pharmacy, wholesaler, or third-party logistics provider located in another state to alleviate a temporary shortage of a drug or device that could result in the denial of health care under certain conditions.
  • Allows individuals, who graduated from registered or accredited medical programs located in New York State in 2020, to practice medicine in New York State, without the need to obtain a license.
  • Limits the Department of Health’s review functions to essential matters during the pendency of the COVID-19 health crisis, and to toll any statutory time limits for transfer notices pertaining to operators of Article 28 and Article 36 licensed entities for the duration of this declaration of disaster emergency.
  • Allows Protestant Episcopal parishes to postpone any annual election.
  • Suspend the requirement that public hearings are required, provided that public comments shall still be accepted either electronically or by mail, to satisfy public participation requirements, as related to certain sections of the Environmental Conservation Law.
  • Delays the April 1 requirement that parents must file transportation requests with their school district in order to obtain transportation for their children for the following school year.
  • Allows respiratory therapy technicians, mental health counselors, marriage and family therapists, creative arts therapists and psychanalysts licensed and in current good standing in any state in the United States to practice in New York State without civil or criminal penalty related to lack of licensure.
  • Permits funeral directors licensed and in good standing in any state or territory of the United States to practice as a funeral director in New York State upon the approval of, and pursuant to such conditions as may be imposed by, the Commissioner of Health,  without civil or criminal penalty related to lack of licensure in New York State.
  • Allows persons deputized by the Commissioner of Health to be agents authorized by a funeral director or undertaker to be present and personally supervise and arrange for removal or transfer of each dead human body.
  • Allow persons deputized by the Commissioner of Health to be agents authorized by a funeral director or undertaker, or a county coroner, coroner physician and/or medical director for those deceased human bodies within their supervision, to personally supervise and arrange the delivery of a deceased person to the cemetery, crematory or a common carrier, with a copy of the filed death certificate.
  • Permits the State Registrar to register death certificates and issue burial and removal permits, upon the request of a local registrar and upon approval of the Commissioner of Health.
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What’s New Today

Governor Cuomo Press Briefing

  • New York is currently seeing fewer hospitalizations than any of the models projected. Currently, there are 18,279 people hospitalized in the State. New York currently has 90,000 hospital beds with a plan to increase to 110,000 beds.
  • The numbers show that we have so far flattened the curve. It is essential that we continue that trend, so NY PAUSE social distancing protocols will continue. These measures are working better than projected because people are following them. In the past 24 hours, the total change in hospitalizations has only increased by 200. 
  • Yesterday was again the highest single-day death toll yet – 799 people passed away. The number of deaths may continue to rise as those hospitalized for longest periods pass. In total, 7,067 New Yorkers have passed away from coronavirus. 
  • Between 5:00 p.m. and 7:00 p.m. today the Department of Labor website will go down and at 7:00 p.m. a new unemployment application form will go live. The State has 1,000 people processing unemployment claims, which have surged due to business closures. The State is also partnering with Google to create tech solutions to help with Department of Labor processes. Applicants will have their claims applied retroactively to their employment termination date regardless of when their claim is processed.

Empire State Development

The following guidance has been significantly updated since our last update. Please see changes below.

Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders

The new guidance added the following:

“State and local governments, including municipalities, authorities, and school districts, are exempt from these essential business reductions, but are subject to other provisions that restrict non-essential, in-person workforce and other operations under Executive Order 202.”

Changes:

1. Essential health care operations including

“medical” was added to emergency veterinary, livestock services

“Emergency chiropractic services” was added

“Physical therapy, prescribed by medical professional” was added

“Occupational therapy, prescribed by medical professional” was added

2. Essential infrastructure including

A technical change was made to make it read airlines/airports

The word “other” was added so the last bullet would read “hotels, and other places of accommodation”

3. Essential manufacturing including

“FDA” was added after Food and Drug Administration

“automobiles” was added

“any parts or components necessary for essential products that referenced within this guidance” was added

4. Essential retail including

“telecommunications to service existing customers and accounts” was added

“delivery for orders placed remotely via phone or online at non-essential retail establishments; provided, however, that only one employee is physically present at the business location to fulfill orders” was added

5. Essential services including

“marine vessel repair and marinas, but only to support government or essential commercial operations and not for recreational purposes” was added

“including dog walking, animal boarding landscaping, but only for maintenance or pest control and not cosmetic purposes designing, printing, publishing and signage companies to the extent that they support essential businesses or services” was added to “animal shelters and animal care”

“remote instruction or streaming of classes from public or private schools or health/fitness centers; provided, however, that no in-person congregate classes are permitted” was added

7. Financial Institutions including

“except debt collection” was added

9. Construction

This section was re-written, and now reads:

“All non-essential construction must safely 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, but only to the point that it is safe to suspend work).

Essential construction may proceed, to the extent that:

  • the construction is for, or your business supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;
  • the construction is for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;
  • the construction is necessary to protect the health and safety of occupants of a structure;
  • the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;
  • the construction is for projects in the energy industry in accordance with Question No. 14 in the FAQ at:  https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf;
  • the construction is for existing (i.e. currently underway) projects of an essential business; or
  • the construction work is being completed by a single worker who is the sole employee/worker on the job site.

At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits.  Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.

Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. No other employees/personnel shall be permitted to work in-person at the business location/construction site.  Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202.

As noted above, local governments, including municipalities and school districts, are allowed to continue construction projects at this time as government entities are exempt from these essential business restrictions. However, to the greatest extent possible, local governments should postpone any non-essential projects and only proceed with essential projects when they can implement appropriate social distancing and cleaning/disinfecting protocols. Essential projects should be considered those that have a nexus to health and safety of the building occupants or to support the broader essential services that are required to fulfill the critical operations of government or the emergency response to the COVID-19 public health crisis.”

12. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to:

On-line was changed to “online”

13. Recreation (New Section)

Parks and other open public spaces, except playgrounds and other areas of congregation where social distancing cannot be abided

However, golf courses are not essential

However, use of boat launches and marinas for recreational vessels is not considered essential

14. Professional Services with extensive restrictions (New Section)

Lawyers may continue to perform all work necessary for any service so long as it is performed remotely.  Any in-person work presence shall be limited to work only in support of essential businesses or services; however, even work in support of an essential business or service should be conducted as remotely as possible.

Real estate services shall be conducted remotely for all transactions, including but not limited to title searches, appraisals, permitting, inspections, and the recordation, legal, financial and other services necessary to complete a transfer of real property; provided, however, that any services and parts therein may be conducted in-person only to the extent legally necessary and in accordance with appropriate social distancing and cleaning/disinfecting protocols; and nothing within this provision should be construed to allow brokerage and branch offices to remain open to the general public (i.e. not clients).

The section on non-essential gatherings was re-written and now reads:

“Pursuant to Executive Order 202.10, all non-essential gatherings of individuals of any size for any reasons (e.g. worship services, parties, celebrations, or other social events) are canceled or postponed. Congregate services within houses of worship are prohibited.  Houses of worship may only be used by individuals and only where appropriate social distancing of, at least, six feet between people can be maintained. Further, individuals should not gather in houses of worship, homes, or other locations for religious services until the end of this public health emergency. If possible, religious leaders should consider alternative forms of worship, replacing in-person gatherings with virtual services, such as phone or conference calls, videoconference calls, or online streaming.”

The section on restrictions for requesting designation as an essential business was re-written and now reads:

“Pursuant to the Governor’s Executive Orders, the following businesses are specifically enumerated as non-essential and are, therefore, unable to request a designation:

Any large gathering or event venues, including but not limited to establishments that host concerts, conferences, or other in-person performances or presentations in front of an in-person audience;

Any dine-in or on-premise restaurant or bar service, excluding take-out or delivery for off-premise consumption;

Any facility authorized to conduct video lottery gaming or casino gaming;

Any gym, fitness centers, or exercise classes, except the remote or streaming service noted above;

Any movie theater;

Any indoor common portions of retail shopping malls with 100,000 or more square feet of retail space available for lease;

All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, family and children’s attractions; and

Any barbershops, hair salons, tattoo or piercing parlors and related personal care services, including nail technicians, cosmetologists and estheticians, and the provision of electrolysis, laser hair removal services.”

Up-To-Date Guidance

  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE FOR GOVERNMENT GUIDANCES – UPDATED APRIL 9, 2020

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Governor Cuomo Press Briefing

  • NY PAUSE and social distancing protocols are working and the curve has flattened. The total number of patients hospitalized is down for the previous three-day-average. Stay at home orders will remain in effect and NY PAUSE is still in place to keep the numbers down.
  • Yesterday saw the highest single-day death toll yet – 779 people passed away. The number of deaths may continue to rise as those hospitalized for longest periods pass. In total, 6,268 New Yorkers have passed away from coronavirus.
  • The State will be making an additional $600 payment to those who have applied for Unemployment benefits. The State will be reimbursed by the Federal Government. The State is also extending the period covered by unemployment benefits for another thirteen weeks (a total of 39 weeks). We will provide more details as they become available.
  • All voters will be able, if they choose, to vote by absentee ballot for the upcoming June 23rd Primary Elections as directed by a forthcoming Executive Order. The State is not making a determination at this time whether polling places will be open or closed.

Executive Order 202.14

  • Extends all previous executive orders under Executive Order 202 until May 7, 2020, except as limited below.
  • Extends the cancellation of all non-essential public and private gatherings, school closures, and all in-person business restrictions and workplace restrictions which will be effective until 11:59 p.m. on April 29, 2020, unless later extended by a future Executive Order.
  • Gives the Department of Health the power to move medical equipment and supplies from entities under Department of Health regulation to areas of immediate need; such equipment and supplies will either be returned or the entities will be monetarily compensated.
  • Increases the fine of any violation of by an individual who is participating in any gathering which violates the terms of the orders or is failing to abide by social distancing restrictions in effect in any place which is not their home.
  • Establishes practices relating to real estate transactions to be performed utilizing audio-video technology.
  • Expands the powers of the Superintendent of Financial Services in relation to the following areas;
  • Superintendent of Financial Services shall have the authority to promulgate an emergency regulation, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, health maintenance organization certified pursuant to Article 44 of the Public Health Law, or student health plan certified pursuant to Insurance Law § 1124
  • Regulations regarding: (1) the waiver of late fees; and (2) the prohibition on reporting negative data to credit bureaus
  • For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, General Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the act of witnessing that is required under the aforementioned New York State laws is authorized to be performed utilizing audio-video technology.
  • The Executive Order suspends or modifies a number of statutes including:
  • Section 6524 of the Education Law, section 60.7 of title 8 of NYRR and section paragraph (1) of subdivision (g) 405.4 of title 10 of the NYCRR
  • Subdivisions one, two, four, five, eight and nine of Section 1726 of the Surrogate’s Court Procedure Act
  • Sections 3216(d)(1)(C) and 4306(g) of the Insurance Law, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law, to:
  • Extend the period for the payment of premiums to the later of the expiration of the applicable contractual grace period and 11:59 p.m. on June 1, 2020, for any comprehensive health insurance policyholder or contract holder under an individual policy or contract, as those terms are used in such sections, who is facing a financial hardship as a result of the COVID-19 pandemic
  • Require that the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law shall be responsible for the payment of claims during such period and shall not retroactively terminate the insurance policy or contract for non-payment of premium during such period

Former Assemblyman Richard Brodsky

  • Former Assemblyman Richard Brodsky has passed away. According to reports, his former colleagues and family believed he had contracted coronavirus recently.

Up-To-Date Guidance

  • New York State Department of Financial Services:
  • New York State Department of Health:
  • New York State Regents:
  • Empire State Development:
  • Since our last update the following language was removed from the guidance: “Houses of worship are not ordered closed however it is strongly recommended not to hold congregate services.  If held, social distance must be maintained and compliance with DOH guidance, which can be found at https://coronavirus.health.ny.gov/information-providers.”
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

UPDATED GOVERNANCE GUIDANCES – APRIL 8, 2020

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The Governor has issued Executive Order 202.14, which can be found here.

The Executive Order:

  • Extends all previous executive orders under Executive Order 202 until May 7, 2020, except as limited below.
  • Extends the cancellation of all non-essential public and private gatherings, school closures, and all in-person business restrictions and workplace restrictions which will be effective until 11:59 p.m. on April 29, 2020, unless later extended by a future Executive Order,
  • Gives the Department of Health the power to move medical equipment and supplies from entities under Department of Health regulation to areas of immediate need; such equipment and supplies will either be returned or the entities will be monetarily compensated,
  • Increases the fine of any violation of by an individual who is participating in any gathering which violates the terms of the orders or is failing to abide by social distancing restrictions in effect in any place which is not their home,
  • Establishes practices relating to real estate transactions to be performed utilizing audio-video technology, and
  • Expands the powers of the Superintendent of Financial Services in relation to the following areas;
  • Superintendent of Financial Services shall have the authority to promulgate an emergency regulation, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, health maintenance organization certified pursuant to Article 44 of the Public Health Law, or student health plan certified pursuant to Insurance Law § 1124
  • Regulations regarding: (1) the waiver of late fees; and (2) the prohibition on reporting negative data to credit bureaus
  • For the purposes of Estates Powers and Trusts Law (EPTL)  3-2.1(a)(2), EPTL 3-2.1(a)(4), Public Health Law 2981(2)(a), Public Health Law 4201(3), Article 9 of the Real Property Law, General Obligations Law 5-1514(9)(b), and EPTL 7-1.17, the act of witnessing that is required under the aforementioned New York State laws is authorized to be performed utilizing audio-video technology.

The Executive Order suspends or modifies a number of statutes including:

  • Section 6524 of the Education Law, section 60.7 of title 8 of NYRR and section paragraph (1) of subdivision (g) 405.4 of title 10 of the NYCRR
  • Subdivisions one, two, four, five, eight and nine of Section 1726 of the Surrogate’s Court Procedure Act
  • Sections 3216(d)(1)(C) and 4306(g) of the Insurance Law, subject to consideration by the Superintendent of Financial Services of the liquidity and solvency of the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law, to:
  • Extend the period for the payment of premiums to the later of the expiration of the applicable contractual grace period and 11:59 p.m. on June 1, 2020, for any comprehensive health insurance policyholder or contract holder under an individual policy or contract, as those terms are used in such sections, who is facing a financial hardship as a result of the COVID-19 pandemic
  • Require that the applicable insurer, corporation subject to Article 43 of the Insurance Law, or health maintenance organization certified pursuant to Article 44 of the Public Health Law shall be responsible for the payment of claims during such period and shall not retroactively terminate the insurance policy or contract for non-payment of premium during such period
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What’s New Today

Governor Cuomo Press Briefing

  • The Governor announced this morning that there are now 138,836 confirmed COVID-19 positive cases in New York State.
  • On April 6th 731 people passed away – the largest single day increase to date after two days of the number of deaths being flat. The Governor said this metric lags behind the total number of hospitalizations and number of daily ICU admissions – both of which are down over the last few days.
  • The Governor will be issuing an Executive Order today to address all of the announcements he has previously made, including increasing fines for violating social distancing protocols and moving ventilators from upstate to downstate.
  • The Governor is working with New Jersey and Connecticut to develop a regional plan for restarting life. The plan will not be “like a light switch” – it will be an incremental approach to returning to work and normal life.
  • NYS Department of Health has approved an anti-body test. If the FDA approves the test, the State will start working with the private sector to bring the test to scale. The test will be used to determine who has caught coronavirus, recovered, and can return to work.
  • The Governor has extended “New York on Pause” until April 29th, which means schools and non-essential businesses will remain closed and social distancing measures will remain in place.

Up-To-Date Guidance

  • New York State Education Department:
  • Empire State Development:
  • There have been no changes to this guidance since our last update.
  • According to reports there will be an update made to this guidance that will classify real estate showings, appraisal services, home inspections and back-office real estate work as essential functions.
  • Changes since our last update:

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE TO VIEW GOVERNANCE GUIDANCE UPDATE APRIL 7

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Governor Cuomo Press Briefing

  • The Governor announced this morning that there are now 130,689 confirmed COVID-19 positive cases in New York State, and 72,181 confirmed cases in New York City. There have been 4,758 deaths from COVID-19 in New York.
  • Current Hospitalizations:
  • 16,837 people currently hospitalized (+358)
  • 4,504 ICU patients (+128)
  • 13,366 patients discharged (+1,179)
  • The Governor is extending “New York on Pause” until April 29th, which means schools and non-essential businesses will remain closed and social distancing measures will remain in place. The Governor is also increasing the maximum fine for violating social distancing protocols from $500 to $1,000.
  • The number of COVID-19 related deaths has been “effectively flat” for the last two days. Different statistical models project different results, but the Governor said we may be at or near the apex.
  • Modeling now shows that New York will not need the projected 110,000 hospital beds initially thought would be needed to effectively manage the patient caseload. Current projections show a need for 20,000 – 30,000 hospital beds. This will change with time and will reflect the success of social distancing protocols.
  • The Governor is calling President Trump to ask that the Federal Government change the use for the USNS Comfort to provide care for COVID patients.
  • New York State is launching a COVID-19 First Responders fund. Health Research Inc., which is part of the NYS Department of Health, will be accepting donations to be used for expenses associated with coronavirus first responders. Blackstone has made an initial $10 million contribution. Donations made for the COVID-19 response will be used for direct expenses associated with response activities.
  • Online donations can be made here.
  • Donations can be made by check and mailed to Health Research, Inc., 150 Broadway, Suite 560, Menands, NY 12204. The donor should specify that the donation is for “COVID-19 NYS Emergency Response.”

ESD Resources on SBA Coronavirus Programs

NYS Empire State Development has posted resources to assist eligible small businesses and nonprofits understand U.S. Small Business Administration’s (SBA) coronavirus loan programs:

  • Paycheck Protection Program (PPP):

Up-To-Date Guidance

  • NYS Agriculture and Markets:
  • NYS Department of Financial Services:
  • Empire State Development:
  • There have been no changes to this guidance since our last update.
  • According to reports there will be an update made to this guidance that will classify real estate showings, appraisal services, home inspections and back-office real estate work as essential functions.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE FOR GOVERNMENT GUIDANCES – APRIL 6, 2020

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Governor Cuomo Press Briefing

  • The Governor announced this morning that there are now 102,863 confirmed COVID-19 positive cases in New York State, and 57,159 confirmed cases in New York City. There have been 2,935 deaths from COVID-19 in New York.
  • Current Hospitalizations:
  • 102,863 tested positive
  • 14,810 people currently hospitalizes (+1,427)
  • 3,731 ICU patients (+335)
  • 8,886 patients discharged (+1,452)
  • The Governor will be signing an Executive Order allowing the State to take ventilators and personal protective equipment (PPE) from institutions that don’t need them now and redeploy them to other parts of the State with higher needs. The hospitals giving up their equipment will either have it returned, replaced, or the facility will be compensated.
  • The Javits Center will be converted to serve COVID-19 patients only. Originally, the facility was planned to be used for hospital overflow for non-COVID-19 patients, but the need has shifted. The Governor said the President has granted the request for the transfer. The facility will be equipped with ICU beds.
  • The Governor has spoken with U.S. House of Representatives Speaker Pelosi to make the case that New York needs more help from the federal government.
  • In response to a question, Health Commissioner Zucker said that according to the data the State currently has there is no need for citizens to wear face coverings in public, but that is being re-evaluated as new data becomes available. The Governor said it can’t hurt but he does not want people to ignore other precautions because they get a false sense of security using scarves and bandanas that may not prevent transmission.
  • The Governor highlighted the following measures included in the final budget:
  • National First Domestic Terrorism Law
  • Improved Bail Reform
  • Child Vaping Law
  • Banned Fentanyl
  • Subway Sex Offender Ban
  • Campaign Finance Reform
  • Paid Sick Leave
  • Middle Class Tax Cut
  • Airport Construction Program
  • Accessible Renewable Energy Siting

NYS Budget

All Appropriations and Article VII budget bills have been passed by both Houses of the Legislature. Both Houses have adjourned at the call of their respective leaders. It is unclear at this time when the Legislature will reconvene.

We will continue to monitor the activity at the Capitol and will send you any updates of interest.

New York City

New York City Mayor Bill de Blasio is urging New Yorkers to wear face coverings when they leave their homes, but said New Yorkers should not be buying medical grade masks needed for medical professionals.

Up-To-Date Guidance

  • Office for People with Developmental Disabilities:
  • Empire State Development:
  • There have been no changes to this guidance since our last update.
  • According to reports there will be an update made to this guidance that will classify real estate showings, appraisal services, home inspections and back-office real estate work as essential functions.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

CLICK HERE FOR APRIL 3 GOVERNANCE GUIDANCES UPDATE

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What’s New Today

Governor Cuomo Press Briefing

  • The Governor announced this afternoon that there are now 92,381 confirmed COVID-19 positive cases in New York State, and 51,809 confirmed cases in New York City. There have been 2,373 deaths from COVID-19 in New York.
  • Current Hospitalizations:
  • 92,381 tested positive
  • 13,383 people currently hospitalizes (+1,157)
  • 3,396 ICU patients (+374)
  • 7,434 patients discharged (1,292)
  • The Governor announced that 21,000 medical professionals from out of the state have volunteered to come to the State to help staff overloaded hospitals.
  • The Governor is asking for help from private companies in finding more personal protective equipment (PPE). If a company has the capability to produce these needed materials they should contact the State at 212-803-3100 or [email protected]. The State will pay for the products and work with companies quickly.
  • The State has released 400 ventilators to NYC Health & Hospitals network and 200 to Long Island and Westchester. At the current burn rate, we have enough ventilators in the stockpile to last six days. The State is taking extraordinary measures to help supply the need to hospitals, including converting BiPAP machines into ventilators.
  • The Governor’s brother and CNN host Christopher Cuomo joined a portion of the briefing via skype to discuss his COVID-19 symptoms and how he has dealt with having the illness.

NYS Budget

All final budget bills have been introduced, with the exception of the State Operations bill, and many have seen action in the Legislature. Today, both Houses of the Legislature plan to meet to continue acting on the remaining budget bills.

Where all of the NYS budget bills stand as of now:

  • Public Protection and General Government (S 7505-B/ A 9505-B)
  • The final budget bill has passed both houses.
  • Education, Labor and Family Assistance (S 7506-B / A 9506-B)
  • The final bill has passed the Senate. It is currently in the Assembly Ways and Means Committee. The final bill includes provisions from the previously introduced Health and Mental Hygiene bill.
  • Health and Mental Hygiene (S 7507-A / A 9507-A)
  • The provisions in this bill have been moved to the Education, Labor and Family Assistance bill.
  • Transportation, Economic Development and Environmental Conservation (S 7508-B / A 9508-B)
  • The final bill has passed the Senate. It is currently on the Assembly floor.
  • Revenue (S 7509-B / A 9509-B)
  • The final bill has been passed by both houses of the legislature.
  • State Operations Budget Bill (S 7500-A /A 9500-A)
  • The final bill has not yet been introduced.
  • Legislature and Judiciary Budget Bill (S 7501 / A 9501)
  • The final bill has been passed by the Senate and is currently on the Assembly floor.
  • Debt Services Budget Bill (S 7502 / A 9502)
  • The final bill has been introduced and has been passed by both houses of the legislature.
  • Aid to Localities Budget Bill (S 7503-C / A 9503-C)
  • A final bill has been passed by both houses of the legislature.
  • Capital Projects Budget Bill (S 7504-C / A 9504-C)
  • The final bill has been passed by both houses of the legislature.

Up-To-Date Guidance

  • Empire State Development:
  • There have been no changes to this guidance since our last update.
  • According to reports there will be an update made to this guidance that will classify real estate showings, appraisal services, home inspections and back-office real estate work as essential functions.
  • There have been no changes since our last update.

Attached please find a comprehensive document with guidance from across government agencies. We will be updating this document as information becomes available and including it in our daily updates.

In addition to our regular email updates, Ostroff Associates has established two dedicated webpages that will be updated in real time with any new information from government sources relating to COVID-19. Please use these websites as a resource and share with others who would benefit.

Update Page: https://www.ostroffassociates.com/covid-19-updates/

News Page: https://www.ostroffassociates.com/category/covid-19/

UPDATED GOVERNMENT GUIDANCES DOCUMENT APRIL 2, 2020

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