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ARTICLE · 08 MAY 2020

When Can COVID-19 Protective Measures Trigger Discrimination Claims?

Although many of the recommendations boards have implemented since mid-March have been made in a good-faith effort to keep a building free of the coronavirus, a board should be aware that some of the rules...

United StatesCoronavirus (COVID-19)

Although many of the recommendations boards have implemented since mid-March have been made in a good-faith effort to keep a building free of the coronavirus, a board should be aware that some of the rules that may have been implemented on an exigent basis (not our clients of course!) may lead to liability exposure for the board and its individual members.

Most boards in New York City have, by now, prohibited dog walkers, house cleaners and package delivery persons from entering a co-op or condo building, and have also prohibited move-ins, move-outs and renovations; while these rules are unlikely to be challenged as discriminatory, we have seen one rule in particular that gives us cause for concern. That rule bans babysitters, nannies and other childcare givers from entering the building.

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