Kommer Bave and Ciccone LLP General Practice Law Firm

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Recent Successes And News

Impact of COVID-19 on Landlord-Tenant Relationships and Mandating COVID-19 Vaccination

by: Rebecca C. Romulus, Esq.

Commercial Evictions

On Dec. 11, 2020, Governor Cuomo issued Executive Order 202.81, which further extended the original stay on commercial eviction proceedings contained within Executive Order 202.28 to January 31, 2021. This Executive Order continued the prohibition of initiating commercial eviction proceedings or enforcing evictions of tenants for nonpayment of rent or the foreclosure of any commercial mortgage for nonpayment. Despite the extension of the stay, landlords are still permitted to commence proceedings to recover their property from the tenant for reasons other than nonpayment, otherwise known as “holdover” proceedings.

Residential Evictions

While the commencement of new residential eviction proceedings was stayed pursuant to continuing Executive Orders since March 20, 2020, any residential eviction proceedings which were commenced prior to March 17, 2020, were permitted to move forward pursuant to the Administrative Order 160/20 of the Chief Administrative Judge of the Courts of New York dated August 13, 2020.

The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 was signed into law in December of 2020 and placed a moratorium on new residential eviction and foreclosure proceedings until May 1, 2021. Under this Act, tenants and homeowners experiencing coronavirus-related financial difficulties are required to file hardship declarations with their landlord, mortgage lender or other foreclosing party to prevent eviction or foreclosure. Landlords are still permitted to evict tenants who are creating safety or health hazards for other tenants, as well as tenants who fail to submit hardship declarations.

Requiring Vaccines

Private Establishments

To date, there has been no legislation prohibiting privately-owned entities from requiring their patrons to provide proof of COVID-19 vaccination upon entry of the establishment. It is expected that there will be more developments on this as the COVID-19 vaccination is made available to the general public in the months to come.

Employer-Mandated Vaccines

According to guidance issued by the US Equal Employment Opportunity Commission on December 16, 2020, employers have the legal right to mandate their employees to receive the COVID-19 vaccine. This right exists because employers are allowed to set requirements that individuals shall not pose direct threats to the health or safety of individuals in the workplace. Exceptions exist for those employees with disabilities or who have “sincerely held” religious beliefs. In those cases, it is up to the employer to establish that an unvaccinated employee would pose a significant risk of substantial harm to the health or safety of the individual or others in the workplace and attempt to provide that employee with reasonable accommodations. If no such accommodations can be provided, the employer has the right to exclude that employee from the workplace, up to and including termination of employment. The Occupational Safety and Health Administration [OSHA] has not issued guidance on employer-mandated COVID-19 vaccination, yet both the EEOC and OSHA have historically held employer-mandated flu vaccines to be legal. Presently, there is no indication that OSHA will decide differently as to the COVID-19 vaccine.

 

Sources:

  • Senate Bill 9114
  • Executive Order 202.81
  • Administrative Order 160/20
  • National Law Review
  • US Equal Employment Opportunity Commission

Webinar: Benefits Overview from Westchester County Veterans Service Agency

Wednesday, November 11th
10:00 – 11:00

Register for this FREE webinar for Seniors & their Families: http://bit.ly/WestVeterans

(Dial-in by phone also available; numbers obtained on registration or by calling and leaving a message for Paul at 914.231.3227)

The Westchester County Veterans Service Agency services veterans, dependents and survivors, along with those currently serving, by providing trained and Accredited Veterans Service Officers (VSO), This webinar will review the VSO program, which provides advice on Veterans Federal, State and County benefits and assists those eligible with filing the necessary claims. We will cover pensions, burial benefits, vocational rehabilitation, healthcare, real property tax exemption and several other veterans benefit areas.

Speaker: Charlotte Trotter, Deputy Director of the Westchester County Veterans Service Agency

Limited to first 100 participants

Estate and Elder Care Plan Article by Patricia Bave, Esq.

An article titled “A Plan that Makes a Difference: How To Implement An ‘Effective’ Estate and Elder Care Plan” by Patricia Bave, Esq. was recently featured in Coming of Age Magazine in Westchester. Click here to download the article.

Important NYS Medicaid Updates

We hope that you and your loved ones are staying safe and healthy during this uncertain time.

As of April 3, 2020, there have been two major updates to the Medicaid program in New York State.

Please download the full letter here.

Let’s Have The Conversation About Medicare & Medicaid

Join Patty and Joann for a complementary coffee and chat! We have answers to your questions and will address your concerns:

  • What is the difference between Medicare and Medicaid?
  • How do I qualify for each?
  • What benefits do they cover?
  • Can I have both?

Family and friends welcome!

When: Wednesday, September 11th 6:30-7:30pm
Where: Mamaroneck Public Library 136 Prospect Avenue, Mamaroneck, NY 10543
Register today! Phone: (914) 633-7400 or email: jeisele@kboattorneys.com

For more information, visit: www.mamaronecklibrary.org

Download the flyer here.

Patricia A. Bave To Speak At Program in Mt. Kisco

Patricia A. Bave will participate in a panel discussion titled “Making a move? Where do I go from here?” at the Mount Kisco Public Library. The event takes place on September 12, 2019.

Patricia A. Bave To Be Presenter at September CLE

Patricia A. Bave will be a presenter at the September CLE “A Critical Review of Mental Hygiene Law Article 81: How Can the Legal Community Do Better?” Patty will take part in the discussion: Should Non-Lawyers Be Appointed from the Part 36 List as Court Evaluators and /or Property Management Guardians for (Alleged) Incapacitated Persons.

Coffee & Conversation About Your Future

Please join us for Coffee & Conversation About Your Future with Patricia Bave, Esq. and Joann D’Emilio, Esq. on Thursday, May 30, 2019 at St. Thomas Episcopal Church, Mamaroneck, NY. Call (914) 633-7400 for more information.

KBO Sponsors Gala

Kommer Bave & Ollman LLP sponsored the annual spring At Home on the Sound Gala at the Hampshire Country Club in Mamaroneck, NY

Rachel F. Ciccone, Esq. Named Partner

We are pleased to announce that Rachel F. Ciccone has been named a new partner at Kommer Bave & Ollman LLP. Rachel has been with the firm since 2006. Since that time, her years of service have made significant contributions to the firm and its clients. Her practice includes personal injury litigation, matrimonial and family law litigation, guardianship litigation and commercial litigation. She has represented clients in state and federal courts, and has litigated matters throughout the NY Metropolitan area.

We are excited to welcome Rachel as the firm’s newest partner, and look forward to her continued commitment to providing our clients with quality legal representation.

Call Us  (914) 633-7400