On April 7, 2020, new tenant friendly legislation was introduced in the New York State Senate and Assembly. Titled the “New York Tenant Safe Harbor Act,” it would prohibit a landlord from evicting a tenant due to that tenant’s failure to pay rent for a period (i) commencing with the Governor’s declaration of a State of Emergency on March 7, 2020 and (ii) ending on a date six (6) months after...Read More
Insurance coverage for business interruption losses caused by the COVID-19 pandemic is the subject of proposed legislation in New York and a number of other states, as well as several lawsuits already commenced by insureds (see our other Client Alert about NY’s proposed legislation here). But whereas those efforts are largely directed at requiring insurers to provide coverage under existing...Read More
In a previous Alert, we discussed how the operation of a force majeure clause in a contract may excuse a party’s performance in whole or in part. But what if a contract does not contain a force majeure clause? Other legal doctrines may still come into play to excuse performance under the circumstances created by the current COVID-19 pandemic.
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Due to the COVID-19 pandemic, it is more critical than ever for everyone to have updated estate planning documents in place, especially individuals who are at high risk from the virus or have jobs that require close interaction with the public, such as essential medical professionals, police officers and firefighters. The attorneys in our Trusts and Estates practice group are able to meet...Read More
The COVID-19 pandemic is causing businesses across the US to consider, many for the first time, the operation and effect of a mostly neglected provision in their contracts: the force majeure clause.
A force majeure clause allows a party to suspend or discontinue performance of its contractual obligations under specified circumstances. It may also limit a party’s liability. Often this clause is...Read More
On April 20, 2020, Gov. Cuomo signed Executive Order 202.22, making some important changes to property tax grievance procedures in New York State and Westchester County in particular.
EO 202.22 permits the Cities and Towns of Westchester County to move the date to file property tax grievance back one month, and allows Boards of Assessment Review to conduct their hearings remotely, if necessary.
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Many U.S. businesses are experiencing large financial losses due to the coronavirus pandemic. Last month, governments imposed severe restrictions and businesses curtailed their customary operations in response to the crisis. The loss of business income due to these events will result in significant first-party property insurance claims. The availability and scope of coverage available to...Read More
While the Department of Health provided temporary relief to Medicaid recipients and applicants during the COVID-19 pandemic, the New York legislature has enacted new restrictions on Medicaid home care applications that are slated to go into effect on October 1, 2020. These restrictions were recommended by the Governor’s Medicaid Redesign Team in an effort to reduce New York State’s rapidly...Read More
Temporary Easing of Medicaid Documentation Requirements
The COVID-19 pandemic has been a cataclysmic event for our nation’s most vulnerable, particularly the elderly. Nursing homes and assisted living facilities are on lockdown, and home care patients struggle to find and maintain care as the number of available home health aides has dropped precipitously. New Yorkers who rely on the...Read More
With the COVID-19 pandemic currently ravaging New York State and the nation, there has never been a more critical time to review and update your estate planning documents. Yet, until now, the social distancing rules currently in place have made it very difficult, if not impossible, for clients to execute some of the most important estate planning documents (like wills) because applicable law...Read More
While the Governor has mandated that banks provide homeowners with “forbearance” regarding their home mortgage payments if the homeowner is facing financial hardships due to the COVID-19 pandemic, to date there has not been any corresponding requirement that landlords provide “forbearance” to tenants with respect to their rent obligations. The rights available to tenants may well be...Read More
My company is unable to use its rented space during the 100% in-person workforce reduction mandated by Gov. Cuomo. Are we still required to pay rent?
Currently there is no law or Executive Order relieving residential or commercial tenants of their obligation to pay rent during the COVID-19 outbreak.
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