As most New Yorkers know by now, as of April 17 20201, all persons over age 2 and able to medically tolerate a face-covering are required to wear a mask or cloth face-covering in public, including when taking public or private transportation or riding in for-hire vehicles.
As New York State begins reopening for business, Governor Cuomo gave businesses the right to protect themselves by enacting the following 2 New York State Executive Orders:
1. As of May 29, 20202 and continuing until at least June 27, 2020, business operators and building owners (and those authorized on their behalf such as property managers) are authorized to use their discretion to enforce compliance with the above directive requiring most persons to wear face coverings in public, including the right to deny entry to, or "require or compel" the removal of, persons who are not wearing a face covering in public.
2. From June 6, 20203 until at least July 6, 2020, commercial building owners, retail store owners and those authorized on their behalf to manage public places within their buildings and businesses, were given additional discretion to require individuals to have their temperature checked prior to be allowed admittance, and deny admittance to anyone who refuses to have their temperature checked or whose temperature is above 100.44.
Importantly, the executive orders insulate businesses and commercial building owners who enforce mask-wearing and temperature checks from: 1) claims that they violated a tenant's covenant of quiet enjoyment; and 2) claims of "frustration of purpose."
Footnotes
1 Governor Cuomo's Executive Order 202.17 (April 15, 2020).
2 Governor Cuomo's Executive Order 202.34 (May 29, 2020).
3 Governor Cuomo's Executive Order 202.38 (June 6, 2020).
4 The temperature currently proscribed by New York State Department of Health Guidelines.
Originally published by Frankfurt Kurnit, on June 2020
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