On September 6, 2021, the New York State Department of Health designated COVID-19 as an airborne infectious disease under New York State’s Hero Act, which means that all employers in New York must immediately implement workplace safety plans to prevent the spread of COVID-19, as required by the Hero Act. 

These plans mandate extensive new workplace health and safety protections in response to the COVID-19 pandemic for all “employees”, which the HERO Act defines to include independent contractors.  

Based upon information provided to NYSAR by the New York State Department of Labor and opinion of outside counsel for complying with the HERO Act, NYSAR has prepared an FAQs on the HERO Act, which is available here.

Below are some of the key Q&A’s concerning real estate activities that are included in NYSAR’s FAQ:

How do the requirements of the HERO Act differ from the Phase 2 requirements?
There is very little difference between the two as it applies to real estate offices and activities.  Licensees will be required to take the same precautions when showing property and holding open houses.  Licensees will need to wear a face mask, maintain social distancing and disinfect highly touched surfaces.

Can a licensee perform an in-person showing or open house under the HERO Act?
Yes, but licensees should stagger showings in order to avoid the congregation of people outside and inside properties.

Licensees must wear masks, maintain social distancing and disinfect surfaces that were touched/highly touched surfaces.

Licensees should limit the number of individuals viewing a property at any one time. If multiple parties (from different households) arrive at the same time, licensees should encourage those in line to wait outside until their turn.

Licensees choosing to hold a traditional open house run the risk of multiple parties congregating outside the property waiting for their turn to view the property or attempting to enter the property while others are inside. Licensees should make every attempt to schedule showing times for an open house to avoid such issues.

Sellers, property owners and landlords may require members of the public entering the property to wear masks and take other safety measures.

Can I have in-person contact with a member of the public under the HERO Act?
Yes. The HERO Act permits in-person contact with a member of the public so long as required health and safety measures set forth in the prevention plan are followed.

Can I conduct a final walkthrough with a consumer under the HERO Act?
Yes, so long as all requirements contained in the prevention plan are strictly followed.

Can a licensee perform in-person showings in a region under the HERO Act?Yes, so long as all requirements contained in the prevention plan are strictly followed.