Governor Cuomo announced Monday, November 23, 2020 that four Long Island communities were designated as “Yellow Zones” under New York’s COVID Cluster Action Initiative.   The new Yellow Zones in Suffolk County are Hampton Bays, with a 5.13% positivity rate, and Riverhead, with a 4.60% rate. Great Neck, with a 4.77% positivity rate, and Massapequa Park, with a 3.9% rate, were declared yellow zones in Nassau County.

Those licensees conducting “real estate activity” inside a “Yellow Zone” must continue to follow the “INTERIM GUIDANCE FOR REAL ESTATE SERVICES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY” under Phase 2 of the reopening plan.  The term “real estate activity” means the operation of a real estate office or in-person activity (such as showings, open houses or other activity requiring in-person contact).  In addition, mass gatherings of twenty-five or more people are prohibited in a “Yellow Zone”.  Therefore, licensees should make every effort to avoid any such potential for “mass gatherings” when conducting a real estate activity such as an open house.

All licensees should remember that, while open houses are permitted under Phase 2, only one party is permitted in the property at a time with appropriate face coverings.  It is strongly recommended that open houses be by appointment only to avoid any unnecessary in-person contact and the potential for “mass gatherings” – especially inside a “Yellow Zone”.  Licensees should avoid having unrelated parties waiting outside of an open house even if there is adequate room to maintain social distancing.  If the party drove to the open house, ask the party to remain in their vehicle until it is their turn to view the property.

Fines for violating the Governor’s Order may be as high as $15,000 for some prohibited activities.