COVID-19 (Coronavirus) Updates
COVID Forms
Form COVID
Form COVID allows the buyer and seller to pre-agree to a limited extension of transactional deadlines for a COVID-related issue that prevents them from performing.
Form COVID-PAN
Form COVID-PAN is a notice to buyers and others who may access a property (inspectors, appraisers, etc.) regarding general health and safety precautions, and includes an assumption of risk by those individuals.
Emergency Rental Assistance Program Applications
(Sept. 25, 2022) Pennsylvania counties launched the Emergency Rental Assistance Program, which was approved by the passage of the second federal stimulus bill in 2021. Applicants should contact their county administrator to determine if funding is still available.
Frequently Asked Questions
General FAQs (rev. 8/2/2021)
Most COVID-related rules directly affecting real estate have been rescinded by Federal, state and local governments. PAR recommends remaining current on updated CDC guidance regarding issues like testing, quarantine and mask usage, as well as any local government policies that may still be in place.
Businesses, of course, are still permitted to impose additional restrictions if they care to (as is always the case), and it is certainly possible that clients - particularly sellers - may wish to set certain restrictions as part of their business relationship.
Please read through our current FAQ for more information. These materials have been updated to reflect the current status of rules & restrictions. If there's something you remember hearing about that doesn't show up here, then it's likely not in place any longer.
Are there still any special rules for real estate? (i.e. masks, vaccinations, open house limitations, etc.)
(revised Sept. 26, 2022) Most mandatory rules have been rescinded, though CDC guidance may suggest certain precautions in specific situations.
It is important to remember that businesses (such as real estate brokerages) can set stricter business rules for things like masks and showing instructions, and that some sellers may wish to set their own requirements as a condition of property access. as well.
If sellers impose additional requirements the listing agent must make that instruction clear in the MLS and in other ways to ensure that everyone is fully aware of the restriction. Agents (and buyers) are still obligated to follow any seller instructions, regardless what may or may not be in governmental guidance.
Agents should be aware that they will likely be responsible for helping enforce those seller instructions – and could have potential liability if they are not enforced. For example, if a buyer agent knows that a seller requires masks to tour a property but allows buyers in without them, that could be the basis of an ethics and/or licensure complaint.
Does HIPAA (the Health Insurance Portability and Accountability Act) apply to real estate transactions?
(revised Sept. 26, 2022) No.
As stated in HIPAA, and explained by the U.S. Department of Health & Human Services, HIPAA requirements apply only to certain “covered entities,” which include health care providers, health plans, health care clearinghouses and “business associates” of those entities that are providing services related to those functions. A more specific list of these business types is found on the HHS website. Real estate licensees and parties are not subject to HIPAA rules and regulations.
There is no claim, therefore, that any health-related restrictions or information requests from a broker or client could ever be a HIPAA violation. Of course, any health-related information (such as a COVID screening form or an email cancelling a showing because a client has contracted COVID) should be treated with confidentiality just as a general matter, but Realtors® should already have strong systems in place for collecting and storing other similar items such a financial data or social security numbers.
How should we handle positive COVID-19 tests from agents and/or clients?
Refer to the CDC guidance on what to do if you were exposed to COVID-19.
Is an eviction moratorium still in place?
(revised Sept. 26, 2022) No; the various state and federal eviction bans have all expired. But there still may be backlogs of cases involving tenants who were previously covered by those rules, including active applications in the Emergency Rental Assistance Program. Because of the ongoing complexities in this area, landlords and property managers are strongly advised to consult with counsel before moving forward with any evictions at this time.
Can I still take livestreamed education courses (pre-license, broker credit and/or continuing education) for credit?
(revised June 2022) On June 27, House Bill 1849 (Polinchock, R-Bucks) was signed into law by the governor as Act 25 of 2022. This act amends the Real Estate Licensing and Registration Act to permanently allow real estate education courses to be conducted via livestream methods.
Does PAR have any forms specifically dealing with COVID-related issues?
Form COVID allows the buyer and seller to pre-agree to a limited extension of transactional deadlines for a COVID-related issue that prevents them from performing. Form COVID-PAN is a notice to buyers and others who may access a property (inspectors, appraisers, etc.) regarding general health and safety precautions, and includes an assumption of risk by those individuals.
Neither form is required by any law or other rule.
Vaccine FAQs - Brokerage Operations
Can brokers require that agents and employees get a COVID-19 vaccine?
(revised Sept. 26, 2022) Short answer: Yes.
Longer answer: Based on extensive EEOC guidance regarding general employment law, which has been boiled down by NAR to cover the issues of most importance to brokers...yes. But such a mandate should only be implemented with the proper procedures and employment protections in place, which would cover things like timelines for receiving the vaccine, possible reasonable accommodations and any ramifications for not abiding by the policy.
Because of the layers of potential legal issues, brokers must consult with counsel before implementing any vaccine policy. In fact, PAR recommends consulting with counsel regardless of a broker's intent on vaccinations, as there could also be vaccine-related employment issues in offices that do not mandate vaccination.
Can brokers require proof of vaccination?
(revised Jan. 18, 2021) Yes, but ensure that this does not include providing any other irrelevant health-related information. For example, it would likely be reasonable to ask for a vaccination card, but it would not be reasonable to ask for a letter outlining the worker’s general medical condition. Further, there must be appropriate policies in place for those who are claiming a valid disability or religion-based exception, to ensure that the exception is legitimately granted without collecting additional unnecessary information.
Because the employment laws and regulations can be complex, brokers must consult with counsel prior to making any determinations on these issues.
Financial FAQs
(revised Sept. 26, 2022) All emergency unemployment programs, including Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC) and Federal Pandemic Unemployment Compensation (FPUC), ended Sept. 4, 2021.
The state's regular unemployment compensation program and those receiving benefits from it are unaffected.
What if I received benefits and I get a notice of overpayment?
A person may be overpaid benefits and owe money back to the department if they receive benefits not in accordance with the law. The department conducts an investigation and makes a decision based on federal and state laws. If it is determined that someone received benefits they were not entitled to receive, a determination will be issued to deny those benefits, and an overpayment will also be sent and established on the claim.
If you receive an overpayment claim and you can provide supporting documentation, there is no need to appeal the claim. It can be resolved by updating your information and emailing the department to notify them that new information has been provided. For any other issue, you would have to file an appeal.
What if I receive an audit inquiry from the Department of Labor and Industry?
If you believe you were entitled to the unemployment compensation, follow the instructions on the notice and appeal.
What if I am notified that someone falsely filed for unemployment under my name?
Anyone who believes someone unlawfully applied for unemployment compensation using their name should report the incident to their employer, the Department of Labor and Industry and their local law enforcement.
Will I ever have to pay any of this money back?
A person may be overpaid benefits and owe money back to the Department if they receive benefits not in accordance with the law. The department conducts an investigation and makes a decision based on federal and state laws. If it is determined that someone received benefits they were not entitled to receive, a determination will be issued to deny those benefits, and an overpayment will also be sent and established on the claim.
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