NYC Imposes Mandatory COVID-19 Vaccination Requirements for Condominiums, Cooperatives

December 20, 2021 Advisory

On Dec. 13, 2021, the NYC Commissioner of Health and Mental Hygiene issued an Order requiring that, beginning Dec. 27, 2021, all employees who perform in-person work or who interact with the public must show proof of vaccination against COVID-19 prior to entering the workplace.

Employers, including cooperative and condominium buildings, are thus required to deny access to any of their workers who have not provided such proof, except if they have applied for a religious or medical exemption and such request is pending or has been granted.

While SEIU Local 32BJ and the Realty Advisory Board have yet to issue their own statements, the Order and its timelines supersede those in their Memorandum of Agreement dated Sept. 30, 2021, which was the subject of our Oct. 4, 2021, advisory.

Accordingly, commencing on Dec. 27, an unvaccinated employee must be barred from the building and, barring an agreement with the Union to the contrary, an unvaccinated employee may be fired or disciplined, subject to their having requested and received an accommodation. Accommodation requests must be made by an employee by Dec. 27, 2021. See the City's Application Form for medical or religious exemption, which provides a guide to evaluating the request.

In addition to those persons granted exemptions for medical or religious reasons, the Order does not apply to workers who work from home or whose employment does not involve interacting with others; or individuals who enter the workplace for a quick and limited purpose (such as delivery persons or dog-walkers merely picking up or dropping off a pet).

Employers are required to collect, verify and maintain a record of their employees’ proof of vaccination and to maintain records of reasonable accommodation(s) granted due to sincerely held religious beliefs or disability. 

There are specific requirements concerning recordkeeping which must be reviewed. All records created or maintained by the employer must be treated as confidential and stored in a secure location separate from an employee’s regular personnel file, and available to only those employees or employer officials who have a legitimate need to access the information.

Workers, such as employees of contractors (whether retained by the building or an apartment owner), must provide vaccination proof to their employers, and cooperatives and condominiums may, but are not obligated to, request that a contractor confirm that it, and its workers, are in compliance with the Order. The building must then keep a log of the requests made, and the confirmations it receives. This applies not only to contractors such as construction personnel but also to residents' household staff such as nannies and housekeepers. 

On or before Dec. 27, each employer must post, in a public place, an affirmation of Compliance.  The City’s Department of Health website contains links to several forms, including the Affirmation of Compliance.

Upon request by a New York City agency, employers must make available for inspection any records required by the Order. 

Noncompliance with the Order can result in fines up to $1,000 per violation with escalating penalties if violations persist. The City has set up a telephone line for citizen reports of noncompliance with this Order.

This Order does not supersede the mask mandate put in place by the state, and all persons in the building, even if vaccinated, must wear masks in common areas.

If you have any questions specific to your business, please contact your regular Armstrong Teasdale attorney or one of the authors listed below.

Contact Us
  • Worldwide
  • Boston, MA
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Washington, D.C.
  • Wilmington, DE
Worldwide
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
1980 Festival Plaza Drive, Suite 750
One Summerlin
Las Vegas, NV 89135
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1250
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
201 South Main Street
Suite 750
Salt Lake City, UT 84111
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Washington, D.C.
1050 Connecticut Avenue NW
Suite 500
Washington, DC 20036
Google Maps
Photo of Washington, D.C. with the Capitol in the foreground and Washington Monument in the background.
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware