We have received some calls from clients regarding Governor Andrew Cuomo’s announcement that NYC restaurants can open for indoor dining at 25 percent capacity starting September 30th. As building owners and operators, you are responsible for your buildings and, therefore, your tenants. Yes, your tenants are primarily accountable for satisfying the mandatory guidelines established by you, the city, and the state concerning their leased space. However, suppose one of your tenants does not abide by state regulations. In that case, they can get shut down, causing you to lose revenue– not to mention jeopardizing your other tenants’ safety and security. Therefore, it is your responsibility to maintain security measures and standards related to your building’s health and safety.

We want to reiterate some procedures that many of you have already implemented:  As is required for landlords, tenants must prepare a written safety plan outlining plans to prevent the spread of COVID-19 within their leased space. Many of your buildings have restaurants in your retail spaces. Work with them, as you already do, and have, regarding their outdoor spaces, to ensure proper safety. This can include but is not limited to occupancy strategy (how they plan to ensure no more than 25% occupancy), cleaning protocols, covering high-touch handles with antimicrobial products, ventilation, and screening measures. In some cases, such as cleaning, it may be most beneficial to share services.

 

1. As is required for landlords, tenants must prepare a written safety plan outlining plans to prevent the spread of COVID-19 within their leased space. Many of your buildings have restaurants in your retail spaces. Work with them, as you already do, and have, regarding their outdoor spaces, to ensure proper safety. This can include but is not limited to occupancy strategy (how they plan to ensure no more than 25% occupancy), cleaning protocols, covering high-touch handles with antimicrobial products, ventilation, and screening measures. In some cases, such as cleaning, it may be most beneficial to share services.

2. It is your responsibility to post signage and notices as required by Rules of the City of New York. You should offer up signage that you already have posted throughout your building should a tenant not have any in their leased space.

3. It may be beneficial for you to help your tenants obtain the proper protective gear/face coverings for all their employees and ensure that employees and guests (or diners) use an antibacterial product before entering the space. In some cases, this may mean moving one of your hand sanitizing stations by the restaurant’s entryway.

4. It’s important to acknowledge how challenging a time this is for many tenants, especially restaurants and retail shops. Now is a great time to talk to those tenants to see what you can do to generate business. In some cases, it may make sense to see if the restaurant would offer an exclusive discount for other tenants of the building, or perhaps send a simple email reminding your tenants about the other businesses in the building.

As always, we are here to guide you through all the state and city rules and ensure your buildings remain safe and healthy.