28 March 2020,
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Feerick Nugent MacCartney PLLC

March 28, 2020

Summary of NYS Executive Order 202.11 Provision Affecting Local Governments

In addition to addressing various health/medical related regulations, the Executive Order includes provisions relating to:
Enforcement of Gathering Restrictions: Provides that during the time that there is an Executive Order in place limiting operation of a type of facility or limiting the number of persons who may occupy any space, operation of that facility or occupancy of such space by more than the number of people allowed, shall be deemed a violation of the Uniform Code or other local building code in effect in the jurisdiction where the facility or space is located.
Police Officers whom are authorized to enforce laws within jurisdiction in which facility or space is located are authorized to remove persons from such space or facility.
In the event of such violation, a local code enforcement officer authorized to enforce the Uniform Code in the jurisdiction where the facility or space is located is authorized to issue an appearance ticket, Notice of Violation or Order to Remedy which shall require immediate compliance as well as issuing a Do Not Occupy Order to any owner, operator or occupant of any such facility or space.
Opening of Bids: Suspends section 103(2) of the General Municipal Law to the extent necessary to allow the non-public opening of bids; provided, however, that, where practical, public entities shall record or live stream bid openings so that the public has the opportunity to view such bid openings.
Businesses/Individuals Licensed by Department of State: Extends licenses for various businesses and individuals licensed by the Department of State for an additional 30 days from Executive Order.
Co-op/Condominium Offer Plans: Extends time for Attorney General to respond to such plans by additional 30 days.
Income Limitation on Retirees: Disregards income earned during the emergency period with respect to the income limitation in section 212 of the Retirement and Social Security Law. The current income limitation for 2020 is $35,000. Thus, under this executive order, the income earned during the state of emergency would be excluded from the calculation of the 2020 income for such individuals.
Vehicle Inspections: Vehicles with an inspection certificate that was valid as of March 27, 2020 may continue to operate if such inspection expires after March 27, 2020.
School Closures: Extends closure of schools through April 15, 2020 at which time closures shall be re-evaluated.
A copy of the full Executive Order can be found here.
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This information should not be construed as legal advice and viewers should consult with their own legal counsel for any issue requiring legal advice.