The California economy will reopen on June 15th and, with limited exceptions, will return to normal operations.
Q1. Will there be any restrictions on open houses or showings?
A1. The only legal restriction will be for wearing masks, otherwise there will be no restrictions. No physical distancing will be required for guests and customers. No cleaning. No posted rules of entry. And no PEADs or any other type of sign in. No one will have to agree to an office prevention plan. No one will have to attest to their current health status.
Q2. What will the rule be for wearing masks?
A2. It will be to follow current CDPH Guidance for Face Coverings (last updated on May 3, 2021). According to this guidance — unless everyone is fully vaccinated — people must still wear masks indoors. As a practical matter, this means that:
- Masks need not be worn during a showing if everyone is fully vaccinated.
- But during an open house masks will be required because even if a single unvaccinated person enters an open house, then everyone must be masked.
Q3. Who made this announcement and when?
A3. The California Department of Public Health made the announcement on May 21, 2021. See also the CDPH’s information sheet called “Beyond the Blueprint Questions and Answers.”
Q4. Are there capacity limitations for an open house?
A4. No. Only for “mega events.” Unless you’re planning on holding an open house with more than 5,000 people, you don’t need to concern yourself with any capacity limitations.
Q5. What about the color-coded county tiers? What if my county is in red or purple?
A5. As of June 15, the system of color-coded county tiers will no longer be in effect.
Q6. What about cities and counties? Can they continue to enforce more stringent local rules?
A6. It’s unclear if the re-opening announcement was intended to preempt local rules. But it appears that most cities and counties are aligning their rules with the state guidelines regardless. If a locality does continue to enforce more restrictive rules, then it will be prudent to follow them.
Q7. My seller wants to require that everyone entering the property wear a mask or be vaccinated. Can the seller require this?
A7. Yes. The seller can set their own rules as to who will be admitted to the property. They can require that everyone wear a mask. They can even demand that all people entering be vaccinated or show a negative COVID test. Just obtain the seller’s instructions in writing. Your office may require that the listing be formally amended.
If the Listing Agreement Coronavirus Addendum or Amendment (C.A.R. Form RLA-CAA) has already been signed, you may want to now add a Modification of Terms by writing the following into the Other paragraph: “The RLA-CAA, dated ________, is terminated.” For those sellers who want to keep certain restrictions on showings, you may want to add optional language such as, “with the exception of ______________________________________ .” or “The following showing requirements shall be followed: ______________________________________.”
Q8. You stated previously that the Posted Rules of Entry will no longer be required. What if my seller demands that these rules are to be posted and adhered to by all entrants?
A8. The seller has the right to require that all entrants adhere to a set of protocols and/or attest to their current health status. However, C.A.R.’s Posted Rules of Entry form will be withdrawn along with all of the PEAD forms. So any such posted rules or declaration forms will have to be obtained outside of C.A.R.
Q9. Should an agent consult with their broker regarding how to handle situations where visitors claim an exemption from mask wearing and vaccinations based on disability status or sincerely held religious belief?
A9. Absolutely. However, the following three questions can be of guidance to brokers and agents.
Q10. What if a visitor shows up at an open house and refuses to wear a mask as is required and is requesting an exemption based on a disability?
A10. That person may be reasonably accommodated by giving them the option of wearing a face shield. According to the CDC persons exempted from wearing a face covering due to a medical condition may wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it.
Q11. What if a seller requires that all persons entering the property be vaccinated, but a visitor either at an open house or a showing is requesting an exemption based upon a sincerely held religious belief or disability?
A11. Normally an agent should not question the sincerity of a person’s religious beliefs. But in lieu of a vaccination, the agent can require that the visitor produce evidence of a negative COVID test. This would be a reasonable accommodation of the visitor’s religious belief or disability.
Q12. What if a visitor in the above scenarios will not accept the offered reasonable accommodation?
A12. Do not dismiss their concerns out of hand. Discuss it with them and consider other alternatives such as a private or virtual tour.
Q13. What about rules pertaining to door knocking and handing out flyers?
A13. Those rules will no longer be in effect.
Q14. What about office re-openings?
A14. As of now employers are subject to the Revised Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS), if applicable to them.