How do Executive Orders No. 107 and 108 on closures and social distancing affect my business? 

In light of Governor Murphy’s Executive Order, our state association, NJ REALTORS® has reached out to the Governor’s office to request a clarification on how Executive Order 107 affects the Real Estate Industry. Below is the full statement from New Jersey REALTORS®:

We have been working to get clarification from the governor’s office on how Executive Order 107 affects real estate. We have, as we have been all throughout this pandemic, been in contact with the governor’s office with regard to clarification on what real estate practices are allowable during the time period the Executive Order is in effect. Click here to read the letter sent to the governor’s office that outlines our understanding of the order.

If a real estate office does choose to open for Realtors®, we strongly advise you follow all guidance recommended by the CDC.  As a reminder, all businesses must accommodate their workforce for telework or work from home arrangements wherever possible, “except for those members of the workforce who cannot perform their functions outside of the office." If your office is open, it should operate with the smallest number of individuals as possible.  

  • Inspections: New Jerssey REALTORS has recommended to the Governor the following courses of action to reduce the delay and or halting of real estate transactions.
    • Fire Inspections: to waive, suspend, or modify CSACMAPFEC inspections and procedures for obtaining a Certificate of Smoke Alarm, Carbon Monoxide Alarm and Portable Fire Extinguisher Compliance (CSACMAPFEC) required under N.J.A.C 5:70-2.3(a).
    • Certificates of Occupancy: we are working to suspend or modify the requirements for Certificates of Occupancy, including the suggestion that these inspections be done "virtually"
    • Deed recordings and title searches: we are aware that many counties have online databases, however, we are working to determine what can be done in counties that do not yet have these capabilities.
    • Families First Coronavirus Response Act: Congress passed a bill this week that created emergency paid sick leave, as well as paid family leave in the case of school closures, for working families impacted by COVID-19.  Click here for impact on real estate industry.  NAR is working with industry partners and DOL to understand the calculation of employer thresholds for some of these paid leave benefits.
    • Relief for small business/ICs:  NAR sent a letter to Congressional leaders urging them to include support for self-employed professionals and other small business owners as well as a follow-up letter on this issue as Congress considers additional relief packages.  NAR also signed a coalition letter that would encourage Congress to provide readily accessible, unsecured credit to employers and self-employed individuals ofall sizes to ensure they have the cash to pay their workers, rent, and other costs during this crisis; 
      • suspend the filing of business returns and the payment of all business taxes to the federal government for the duration of the pandemic; and amend the Tax Code to, among other items, restore the ability of businesses to carryback any net operating losses against previous year tax payments;
      • suspend the application of the Section 163(j) limitation on interest expense deductions for tax year 2020 to avoid penalizing businesses for borrowing during this crisis; and
      • suspend the Section 461(l) loss limitation on pass-through businesses to allow businesses to full deduct any losses they incur this year. 
    • Essential Real Estate Services:  NAR is working with state associations, many of whom are reaching out to their Governors to request that certain real estate services be deemed "essential services" during emergency declarations.  NAR is also working closely with ALTA and MBA whose members are also greatly impacted by county closures of recordation services.    
    • Multi-family:  NAR joined a coalition letter representing for-profit and non-profit owners, developers and others involved in the provision of affordable rental housing.  It asks for direct rental assistance for families who have income loss due to COVID-19, it cautions against blanket eviction moratoriums-feels they should be targeted to situations related to COVID-19 and provide relief for property owners in the form of mortgage or other financial obligation forbearance
    • 1031:  NAR sent a letter to Treasury to include deadline relief for 1031 like-kind exchanges 180-day completion deadlines. As you know there will be delays in settlements due to title companies and others closed during the outbreak.  Also, they should extend the 45-day period for identifying possible properties as exchange candidates. Relief for this program has been provided in the past during other presidentially declared disasters. 
    • SECURE Notarization ActNAR is working with other trade associations and industry partners to support the "Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020" (SECURE Notarization Act). NAR sent this letter to lawmakers in support of the bill.  This legislation would continue and expand access to remote online notary (RON). It would permit immediate nationwide use of RON, with minimum standards and provide certainty for the interstate recognition of RON. The SECURE Notarization Act builds on ongoing efforts of lawmakers to promote remote transaction options for consumers.
    • Opp Zones:  NAR sent a letter to the Treasury Department and the Internal Revenue Service to include deadline relief for the working capital safe harbor for Qualified Opportunity Funds with any forthcoming package of taxpayer relief measures. 
    • Open House Guidance:  NAR has issued guidance on open houses during the COVID-19 outbreak.