COVID-19 Update

April 14, 2020

We are alerting our clients and colleagues to New Jersey Executive Order No. 122, which went into effect on April 10, 2020, at 8 PM, and which imposes specific requirements on essential retail businesses permitted to remain open pursuant to Executive Order No. 107.  Specifically, among other requirements, occupancy must be limited to 50% of the stated maximum store capacity, hours of operation must be established for high-risk individuals, a physical barrier must be installed between cashiers/baggers and customers wherever feasible or otherwise ensure a distance of six feet between those individuals, except at the moment of payment and/or exchange of goods. 

Further requirements are also imposed on office building owners and warehouse operators.  Office building owners, for example, are now obligated to clean and disinfect their premises.  Warehouse operators are now prohibited from allowing non-essential visitors from entering the site.  In addition, physical operations of all non-essential construction projects shall cease, however there are certain exemptions to this prohibition. 

As the result of the required closure of non-essential retail businesses during the pandemic, many businesses are now asking for rent relief.  Our firm has drafted on behalf of landlords and tenants rent abatement and/or suspension agreements to assist both parties in avoiding litigation, conflict and further financial distress.

Steven A. Weisfeld, Esq.