• Governor Cuomo announced on June 23rd that New York will end the state disaster emergency declared on March 7, 2020 to fight COVID-19. Given New York’s dramatic progress against COVID-19, with the success in vaccination rates, and declining hospitalization and positivity statewide the state of emergency will expire after Thursday, June 24.

Federal CDC guidance will remain in effect, which includes masks for unvaccinated individuals, as well as all riders on public transit and in certain settings, such as health care, nursing homes, correctional facilities, and homeless shelters. State and local government health departments will still be able to ensure mask rules and other health precautions are adhered to in those settings.

Since March of 2020, a variety of actions had been taken by executive order to assist in the rapid response to the pandemic by state agencies, local governments, hospitals, and businesses by both temporarily suspending or modifying laws as well as utilizing temporary directives. Hospitals were able to add space and staffing, meetings were authorized to occur virtually, and various deadlines were extended to accommodate a changed landscape. As a result, all Executive Orders (“EOs”) and directives that were tied to and dependent on the state disaster emergency will be repealed as of tomorrow and all existing state laws will be revived.

As an example, the Governor’s EO that caused suspension of Section 711 of the RPPL, Section 232-a of RPL and subdivisions 8 and 9 of the MDL, will no longer apply. Therefore, the foregoing laws would once again apply with the potential creation of a Landlord-Tenant relationship with any individual(s) moved to hotels, either due to the COVID crisis or otherwise. We should point out that this advice is not exhaustive and hotels should consider consulting with attorneys specialized in this area. HANYC can suggest counsel. 

• What is Excelsior Pass?

Excelsior Pass provides secure, digital proof of COVID-19 vaccination or negative test results. There are currently three types of Passes:

• • COVID-19 Vaccination Pass (available 15 days after the final dose of the vaccine was administered; valid for 365 days)
  • COVID-19 PCR Test Pass (valid until midnight on the third day after a test)
  • COVID-19 Antigen Test Pass (valid for 6 hours from the time of a test)

Similar to a mobile airline boarding pass, New Yorkers can store Passes digitally on their smartphones or print them out to present at participating businesses and venues.

Businesses can use Excelsior Pass to aid compliance with State reopening guidelines.

• How do I use Excelsior Pass?

Businesses can immediately begin using Excelsior Pass by downloading the Excelsior Pass Scanner app from the Apple App Store or Google Play Store and completing a short registration form. Businesses are encouraged to let their customers and employees know that they are participating in Excelsior Pass.

• Where can I find more information on Excelsior Pass?

Excelsior Pass for Business | New York Forward (ny.gov)

Excelsior Pass Frequently Asked Questions | New York Forward (ny.gov)

• For current, up to date information, please visit https://forward.ny.gov/.