This afternoon, Governor Phil Murphy issued Executive Orders 107 and 108, which call for all New Jersey residents to “stay at home” unless working, traveling to work, or engaged in certain permitted activities, and requires the closure of the brick-and-mortar premises of all non-essential retail businesses. Those traveling, for whatever reason, are ordered to practice social distancing and to avoid public transportation when possible.
As it pertains to the apartment industry, the executive order would allow maintenance and management activities at apartment communities to continue. Furthermore, online and telephonic delivery services are permitted to the extent the retail business is authorized to operate an online or telephonic delivery service under existing law.
All businesses, to the extent possible, should allow telework or work-from-home arrangements. To the extent that employees cannot perform their functions during telework or work-from-home arrangements, businesses should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue. Examples of employees who need to be physically present at their work site in order to perform their duties include, but are not limited to:
- law enforcement officers, fire fighters, and other first responders,
- cashiers or store clerks,
- construction workers,
- utility workers,
- repair workers,
- warehouse workers,
- lab researchers,
- information technology maintenance workers,
- janitorial and custodial staff,
- and certain administrative staff.
Additionally, the Governor’s Executive Order contains the following:
- All restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, all bars, and all other holders of a liquor license with retail consumption privileges, are permitted to operate their normal business hours, but are limited to offering only food delivery and/or take-out services in accordance with their existing liquor license.
- All recreational and entertainment businesses, including but not limited to the following list, must close to the public as long as this Order remains in effect.
- All businesses, to the extent possible, should allow telework or work-from-home arrangements. To the extent that employees cannot perform their functions during telework or work-from-home arrangements, businesses should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.
Executive order 108 establishes this order statewide and supersedes local restrictions. Municipalities and counties would, however, be allowed to impose additional restrictions related to municipal or county parks and online marketplaces for offering lodging.
These orders take effect today, Saturday, at 9:00 p.m.
NJAA continues to recognize the impacts and challenges that COVID-19 presents to our members, as well as the entire multifamily industry. NJAA is committed to ensuring that you can continue running your business as seamlessly as possible with access to the most up-to-date information. NJAA staff members are in constant contact with state and local governments and lawmakers who are working to coordinate the state’s response. We stand ready to answer any questions or serve as a resource. Should you have any questions or need further information, please contact a member of the NJAA Government Affairs team:
Nicholas Kikis – Nicholas@njaa.com or 732-992-0605
Andrew Musick – Andrew@njaa.com or 732-992-0610
Please see below the full text of the Governor’s Announcement including the Executive Orders:
Governor Murphy Announces Statewide Stay at Home Order, Closure of All Non-Essential Retail Businesses
Order Also Prohibits All Social Gatherings, Mandates Work From Home Arrangements for Employees When Possible, and Invalidates Any Conflicting Local and County Regulations
NEWARK – To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.
“From day one, we’ve made a commitment to be guided by the facts and take any action necessary to protect the health and safety of New Jersey’s nine million residents,” said Governor Murphy. “We know the virus spreads through person-to person contact, and the best way to prevent further exposure is to limit our public interactions to only the most essential purposes. This is a time for us all to come together in one mission to ‘flatten the curve’ and slow – and eventually halt – the spread of coronavirus.”
In effort to strengthen the existing social distancing measures in place, the order also prohibits all gatherings of individuals, such as parties, celebrations, or other social events, unless otherwise authorized by the Order. When in public, individuals must practice social distancing and stay at least six feet apart whenever possible, excluding immediate family members, caretakers, household members, or romantic partners.
Governor Murphy’s Executive Order further directs the closure of all non-essential retail businesses to the public, with the exceptions of:
- Grocery stores, farmer’s markets and farms that sell directly to customers, and other food stores, including retailers that offer a
- varied assortment of foods comparable to what exists at a grocery store;
- Pharmacies and medical marijuana dispensaries;
- Medical supply stores;
- Gas stations;
- Convenience stores;
- Ancillary stores within healthcare facilities;
- Hardware and home improvement stores;
- Banks and other financial institutions;
- Laundromats and dry-cleaning services;
- Stores that principally sell supplies for children under five years;
- Pet stores;
- Liquor stores;
- Car dealerships, but only for auto maintenance and repair, and auto mechanics;
- Printing and office supply shops;
- Mail and delivery stores.
Nothing in the Order shall limit 1) the provision of health care or medical services; 2) access to essential services for low-income residents, such as food banks; 3) the operations of the media; 4) law enforcement agencies, or 5) the operations of the federal government.
Additionally, the order mandates that all businesses or non-profits, wherever practicable, must accommodate their workforce for telework or work-from-home arrangements. To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.
Examples of employees who need to be present at their work site in order to perform their job duties include, but are not limited to, law enforcement officers, fire fighters, other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, IT maintenance workers, janitorial and custodial staff, and certain administrative staff.
The Order continues existing bans on recreational and entertainment businesses, requirements that all restaurants operate by delivery and takeout only, and the directive that all pre-K, elementary, and secondary schools close and all institutions of higher education cease in-person instruction.
Governor Murphy also signed Executive Order No. 108, which invalidates any county or municipal restriction that in any way will or might conflict with any of the provisions of Executive Order No. 107. Municipalities or counties cannot 1) make any additions to or deletions from the list of essential retail businesses; 2) impose any additional limitations on businesses beyond the Governor’s Order; 3) impose any additional density or social distancing requirements; or 4) impose any additional restrictions on freedom of movement. The only exceptions are two categories over which municipalities or counties may impose any additional restrictions: 1) online marketplaces for arranging or offering lodging and 2) municipal or county parks.
All additional county and municipality restrictions, subject to the provisions above, are not only invalidated, but, going forward, municipalities or counties may not enact or enforce any rule or ordinance which will or might conflict with any of the provisions of Executive Order No. 107.
For a copy of Executive Order No. 107, click here .
For a copy of Executive Order No. 108, click here .
The orders shall take effect on Saturday, March 21 at 9:00 p.m.