Summary of Executive Order 202.55

By Adriel Colón-Casiano

Executive Orders

On August 5, 2020, Governor Andrew Cuomo issued Executive Order 202.55 invoking new powers from a law passed to combat the COVID-19 pandemic to temporarily suspend or modify laws necessary to assist or aid in coping with a declared State disaster emergency. On March 3, 2020, the Governor signed into law legislation that expanded his authority to temporarily suspend, modify, or issue directives in response to a declared State disaster emergency. That legislation also accompanied a $40 million appropriation to the Governor to respond to the COVID-19 pandemic.

The Governor continued the suspensions and modification of law and any directives made by Executive Order 202 through Executive Order 202.21, Executive Order 202.27 through Executive Order 2020.40, and Executive Order 202.48 through Executive Order 202.50 until September 4, 2020. On August 6, 2020, the Governor amended Executive Order 202.55 to align and extend the expiration of all prior Executive Orders to September 4, 2020.

These extensions continue the tolling of statutory periods where the extension was not previously lifted by a subsequent Executive Order. In general, as the Governor has extended the tolling of certain statutory periods, other periods were no longer tolled. When this occurred, the Governor listed what statutory periods would have their tolling lifted.

These extensions further continued the moratorium on eviction proceedings until September 4, 2020.

The Nassau County Administrative Code was suspended and modified to delay certain deadlines for school district taxes.

Section 730(3) of the Real Property Tax Law was suspended and modified to extend the deadline for filing a 2020 small claims assessment review petition related to property in Nassau.

Section 711 of the Real Property and Proceedings law, Section 232-a of the Real Property Law, and Sections 4(8) and 4(9) of the Multiple Dwelling Law were suspended and modified to otherwise create a landlord tenant relationship between any individual assisting with a response to COVID-19 and an individual displaced due to COVID-19.

Sections 352-eee(2)-(2)(a), and Sections 352-eeee(2)-(2)(a) of the General Business Law were suspended or modified to the extent to delay the date that offering statements or prospectus filed with the Department of Law are declared effective.

Section 339-ee(2) of the Real Property Law was suspended and modified in respect to the tolling of credits against mortgage recording taxes.

Sections 20.3(o)(12), Section 22.3(k)(10), and Section 25.3(1)(12) of Title 13 of the New York Code of Rules and Regulations were suspended and modified to delay the requirement that sponsors offer recission if the first closing of a home or lot does not occur within a period of twelve months after the projected date for such closing.

Sections 18.3(g), 20.3(h)(1), 21.3(g), 22.3(g)(1), 23.3(h)(1),24.3(j)(1), and 25.3(h)(1) of Title 13 of the New York Code of Rules and Regulations were suspended and modified to delay the requirement a sponsor set forth a budget for the first year of operation.

Under the newly enacted law, the Governor has the power to suspend, modify, or issue directives during a declared emergency for 30 days which may be extended for an unlimited number of 30 day periods with consent of the legislature after each subsequent period. Unless the Governor elects to extend the suspension or directives, they will expire on September 4, 2020.

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