Function by Function
Each function of this industry was reached by orders in each of the six quarters, and for each the modification the orders compelled is stated here from the orders' own terms: prohibition, appointment-only operation, party caps, closure of the public counter, substitution of a remote act for an in-person one, suspension of a remedy, capacity limits, the workplace infection-prevention and exposure-control requirements of which face coverings were one, quarantine of staff. Each section closes with the determination the statute requires.
SH, showings and open houses
In the second quarter of 2020, the in-person showing was prohibited in Michigan (March 24 to May 6), Pennsylvania (March 19 to May 19), New York (March 22 to Phase Two, and thereafter "only allowed in unoccupied or vacant properties"), Vermont (March 25 to April 19, with every online real estate site ordered to post notice that "all in-person real estate transactions are temporarily suspended") and the Bay Area (virtual or vacant-unit only from March 31), confined to minimized operations under a prohibition of every gathering of five or more in New Mexico (March 24 to May 15), then confined to appointment with four persons and no open houses in Michigan (May 7 to 31), three persons and no group showings in Pennsylvania (from May 19), a single worker and one customer in Vermont (from April 20), two and then five persons in Washington, appointment and vacant units in the Bay Area (from May 4) and appointment with no open houses in Los Angeles County, Honolulu and Dallas County, and open houses were unlawful under the gathering caps of every other State.179 In the third and fourth quarters of 2020 the reopening plans conditioned every showing on appointment, party caps, face coverings and sanitation, the exposure-control conditions of reopening, and the winter orders re-capped gatherings and barred open houses again in Washington from November 17, 2020 and confined residents in California, St. Louis County, Shelby County and Los Angeles County.180 In the first and second quarters of 2021 the winter orders ran to their stepped expiry, New York's Real Estate Guidelines capped occupancy to May 19, 2021 and Washington's Real Estate Requirements ran to June 30, 2021.181 In the third quarter of 2021 every indoor showing in Los Angeles County, the Bay Area, Sacramento, Clark and Washoe Counties, Louisiana, Oregon, New Mexico, Washington, Illinois, Hawaii, the District, Connecticut and thirty metros operated under a face-covering or vaccination-proof order, the exposure-control requirements of subpart B-6 of the third quarter of 2021 above, from the dates stated there, and Honolulu directed that real estate be conducted "by remote/electronic means whenever possible."182
The modification
The modifications the orders compelled were these: prohibition; appointment-only operation where the industry had always offered walk-in open houses; party caps of two, three, four and five; vacant-unit and owner-occupied limits; face coverings on every participant, one of the exposure-control conditions the reopening orders attached to every showing with their distancing and sanitation rules; and the substitution of virtual tours for in-person events. Each is a modification "required by a governmental order as a condition of reopening a physical space for business or service to the public" in the Notice's own words.183
The operation of the showing and open-house function was partially suspended in each of the six quarters, from the second quarter of 2020 through the third quarter of 2021, because of the stay-at-home, closure, gathering, reopening-condition and face-covering and exposure-control orders cited above (Ex. MI-011, Ex. SEC-14-023, Ex. SEC-14-074, Ex. PA-002, Ex. PA-004, Ex. PA-058, Ex. SEC-14-020, Ex. NY-002, Ex. NY-120, Ex. NM-006, Ex. NM-007, Ex. VT-010, Ex. VT-014, Ex. VT-015, Ex. CT-010, Ex. RI-009, Ex. MET-SFO-002, Ex. MET-SFO-003, Ex. MET-LA-006, Ex. MET-HNL-012, Ex. MET-DFW-010, Ex. NV-014, Ex. WA-109, Ex. WA-047, Ex. CA-020, Ex. MET-LA-018, Ex. MET-SFO-010, Ex. NV-041, Ex. LA-036, Ex. OR-048, Ex. NM-067, Ex. WA-078, Ex. IL-042, Ex. HI-024, Ex. MET-HNL-038, Ex. DC-057, Ex. MET-ATL-063, Ex. MET-SLC-029, Ex. MET-SLC-030, Ex. MET-SLC-016).
LS, listings, marketing and photography
Michigan's Executive Order 2020-70 named "photography or videography" among the acts confined to appointment and four persons from May 7, 2020, after six weeks in which the photographer could not lawfully enter the listing at all; Vermont's Addendum 9 of April 10, 2020 ordered that "On-line real estate sites shall post a prominent notice on their web platforms which advises potential sellers and purchasers that all in-person real estate transactions are temporarily suspended," permitting only the functions "that can be conducted online, by phone or email"; Pennsylvania's guidance directed the industry to "[u]tilize electronic marketing ... including virtual tours, virtual showings and virtual open houses" as the substitute for the in-person event; New York's essential-business guidance confined real estate services to remote conduct from April 9, 2020; the stay-at-home orders of the other closure States confined the stager, the photographer and the listing agent to their homes; and broker open houses were gatherings under every cap through 2020 and the winter of 2020-21.184
The modification
The modifications the orders compelled were these: the entry of the listing team into the property barred or confined to appointment; the marketing event converted by order to a virtual format; the broker open house barred as a gathering.
The operation of the listing and marketing function was partially suspended in each of the six quarters, from the second quarter of 2020 through the third quarter of 2021, because of the orders cited above and, in the third quarter of 2021, because of the face-covering, vaccination-proof and gathering orders of subpart B-6, the exposure-control requirements of the Delta quarter, Honolulu's direction that real estate be conducted "by remote/electronic means whenever possible" and the HERO Act plans every New York brokerage was required to adopt (Ex. SEC-14-023, Ex. SEC-14-020, Ex. VT-014, Ex. NY-002, Ex. MI-011, Ex. PA-002, Ex. WA-047, Ex. CA-020, Ex. MET-LA-018, Ex. MET-SFO-010, Ex. IL-042, Ex. WA-078, Ex. HI-025, Ex. MET-HNL-038, Ex. NY-136).
CL, closings, notaries, recorders and title
The recorders' and clerks' counters of Cook, Maricopa, San Diego, Fulton, Dallas, Tarrant, Mecklenburg, Montgomery (Pennsylvania), Fayette and Jefferson (Kentucky) Counties closed to the public between March 16 and March 31, 2020, by their own notices or, in Cook, Fulton, Dallas and Mecklenburg Counties, under the stay-at-home, closure and emergency orders of Illinois and Chicago, Fulton County, Atlanta and Georgia, Dallas County and Mecklenburg County, whose effect the offices' announcements record; Michigan's registers of deeds resumed in-person work only on May 7, 2020; the Fayette County Clerk resumed in-person transactions only on April 12, 2021; New York's county clerks accepted no non-essential filings from March 22, 2020; Texas' GA-18 limited recording offices.185 The notary's physical-presence rule was suspended by emergency instrument in New York (March 19, 2020, to June 24, 2021), Illinois (March 26, 2020, through the third quarter of 2021), Connecticut (March 30, 2020, to February 15, 2022), Maryland (March 30, 2020, to August 15, 2021), Georgia (March 31 and April 9, 2020, to July 1, 2021, re-ordered under the Economic Recovery emergency through the third quarter of 2021), Kentucky (March 30, 2020), Nebraska (April 1, 2020), Mississippi (April 6, 2020), Missouri (April 6 to August 28, 2020), Michigan (April 8, 2020), Maine (April 8, 2020), Texas (April 8 and 27, 2020, until terminated), Kansas (April 9, 2020, to June 15, 2021), Tennessee (April 9, 2020, to April 28, 2021), New Jersey (April 14, 2020, to July 22, 2021), Pennsylvania (April 20, 2020), Massachusetts (April 27, 2020, to December 15, 2021), Vermont (April 28, 2020, to July 15, 2021), South Carolina (video closings from May 1, 2020) and North Carolina (May 4, 2020, to December 31, 2021).186 The closing room itself was reached by the office closures and caps of every stay-at-home and reopening order, by the winter telework orders and by the workplace infection-prevention and exposure-control orders of the Delta quarter; foreclosure and REO closings were barred by the FHA and FHFA moratoria through September 30, 2021 and conditioned by the CFPB's Regulation X rule from August 31, 2021.187
The modification
The modifications the orders compelled were these: the public counter closed and the deed routed through mail or an e-recording queue; the acknowledgment performed by two-way audio-video under an emergency rule in place of the physical-presence act the title agency had always sold; the closing room capped, masked or emptied by telework order; the foreclosure and REO closing barred.
The operation of the closing, notarial, recording and title function was partially suspended in each of the six quarters because of the recorder closures, the remote-notarization instruments, the office orders and the federal foreclosure and eviction moratoria cited above (Ex. AGY-ST-DMV-SOS-RECORDERS-054, Ex. AGY-ST-DMV-SOS-RECORDERS-057, Ex. AGY-ST-DMV-SOS-RECORDERS-072, Ex. MET-PHL-086, and, for the Cook, Fulton, Dallas and Mecklenburg closures, Ex. SEC-14-057, Ex. MET-CHI-001, Ex. GA-010, Ex. MET-ATL-001, Ex. MET-DFW-005 and Ex. MET-CLT-018 with the announcements Ex. AGY-ST-DMV-SOS-RECORDERS-052, Ex. AGY-ST-DMV-SOS-RECORDERS-062, Ex. AGY-ST-DMV-SOS-RECORDERS-065, Ex. AGY-ST-DMV-SOS-RECORDERS-114 and Ex. AGY-ST-DMV-SOS-RECORDERS-075 cited as context, Ex. MET-SDF-021, Ex. MET-SDF-036, Ex. MET-SDF-049, Ex. NY-060, Ex. TX-011, Ex. SEC-14-023, Ex. AGY-ST-DMV-SOS-RECORDERS-036, Ex. SEC-14-055, Ex. SEC-14-041, Ex. SEC-14-040, Ex. SEC-14-035, Ex. GA-015, Ex. GA-042, Ex. GA-061, Ex. SEC-14-031, Ex. AGY-ST-DMV-SOS-RECORDERS-046, Ex. AGY-ST-DMV-SOS-RECORDERS-113, Ex. MO-011, Ex. SEC-14-026, Ex. ME-016, Ex. AGY-ST-DMV-SOS-RECORDERS-044, Ex. SEC-14-070, Ex. KS-013, Ex. KS-049, Ex. KS-050, Ex. TN-010, Ex. TN-042, Ex. SEC-14-019, Ex. SEC-14-062, Ex. SEC-14-053, Ex. AGY-ST-DMV-SOS-RECORDERS-040, Ex. AGY-ST-DMV-SOS-RECORDERS-050, Ex. SC-049, Ex. SC-050, Ex. SEC-14-034, Ex. SEC-14-011, Ex. SEC-14-013, Ex. FED-355, Ex. FED-344).
PM, property management
The eviction remedy was barred by CARES Act § 4024 (March 27 to July 24, 2020), by HUD Mortgagee Letter 2020-04 and FHFA's direction from March 18, 2020 and their extensions to September 30, 2021, by the CDC from September 4, 2020 through July 31, 2021 and August 3 through 26, 2021, by the orders, statutes and court stays of thirty-four States and the District in 2020 and of sixteen jurisdictions and the territories in the third quarter of 2021, and by the local moratoria and court orders of Los Angeles, Seattle, Boston, Somerville, Philadelphia, Pittsburgh, Cook County, Bexar County, Franklin County, Cleveland, Harris County and Dallas.188 Foreclosure sales were cancelled monthly in Harris County from May 2020 to May 2021 and postponed in Bexar County in July and August 2020; sheriff's sales were stayed in Philadelphia to September 2021 and in Allegheny County to September 7, 2021.189 Entry to leased premises was barred except for emergencies in Milwaukee, Salt Lake County and Utah; the amenities of every building fell under the fitness, pool, clubhouse and gathering orders; and the leasing office fell under the office and retail orders.190 Every servicer's first foreclosure step was conditioned by the CFPB from August 31, 2021.191
The modification
The modifications the orders compelled were these: the lease's enforcement remedy suspended by federal order from March 27, 2020 (CARES Act § 4024), nationwide from September 4, 2020 through July 31, 2021 and again from August 3 through August 26, 2021 (the CDC orders), and for every FHA-insured and Enterprise-owned property from March 18, 2020, and every VA and USDA property under the CARES Act and the two Departments' successive extensions, through September 30, 2021, and longer by State and local order; the foreclosure sale cancelled; the amenity closed; the unit entry barred; the docket of arrears cases processed only under court-imposed procedures when it reopened.
The operation of the property-management function was partially suspended in each of the six quarters because of the federal, State, local and court eviction and foreclosure instruments cited above (Ex. FED-340, Ex. SEC-14-009, Ex. FED-346, Ex. SEC-14-001, Ex. FED-173, Ex. SEC-14-002, Ex. SEC-14-003, Ex. SEC-14-004, Ex. SEC-14-005, Ex. SEC-14-011, Ex. SEC-14-013, Ex. FED-355, Ex. FED-379, Ex. FED-385, Ex. FED-344, Ex. SEC-14-017, Ex. SEC-14-018, Ex. SEC-14-024, Ex. SEC-14-025, Ex. SEC-14-072, Ex. SEC-14-086, Ex. SEC-14-087, Ex. SEC-14-088, Ex. SEC-14-089, Ex. SEC-14-073, Ex. KS-011, Ex. KS-034, Ex. KS-044, Ex. SEC-14-069, Ex. MN-042, Ex. SEC-14-037, Ex. AZ-025, Ex. SEC-14-076, Ex. DE-038, Ex. DE-039, Ex. DE-040, Ex. SEC-14-046, Ex. SEC-14-047, Ex. SEC-14-049, Ex. SEC-14-050, Ex. SEC-14-051, Ex. OR-006, Ex. SEC-14-063, Ex. SEC-14-064, Ex. SEC-14-065, Ex. SEC-14-066, Ex. SEC-14-042, Ex. CT-103, Ex. SEC-14-056, Ex. IL-067, Ex. IL-044, Ex. SEC-14-052, Ex. SEC-14-061, Ex. SEC-14-021, Ex. SEC-14-033, Ex. NC-020, Ex. NC-037, Ex. NC-038, Ex. SEC-14-044, Ex. SEC-14-043, Ex. NY-085, Ex. SEC-14-045, Ex. FL-019, Ex. SEC-14-059, Ex. MD-038, Ex. MD-031, Ex. KY-027, Ex. NE-046, Ex. CO-009, Ex. CO-029, Ex. CO-071, Ex. CO-078, Ex. AL-014, Ex. IN-078, Ex. IA-004, Ex. LA-062, Ex. LA-063, Ex. ME-019, Ex. ME-033, Ex. MT-011, Ex. NV-010, Ex. NV-020, Ex. NV-026, Ex. NV-031, Ex. NV-037, Ex. WI-033, Ex. MS-009, Ex. MS-014, Ex. MS-018, Ex. ND-086, Ex. UT-006, Ex. NM-009, Ex. TX-057, Ex. TX-058, Ex. SC-046, Ex. VA-039, Ex. VA-040, Ex. TN-045, Ex. OK-050, Ex. AGY-ST-COURTS-068, Ex. MET-LA-026, Ex. MET-LA-031, Ex. MET-LA-025, Ex. MET-SEA-006, Ex. MET-SEA-017, Ex. MET-SEA-019, Ex. MET-BOS-040, Ex. MET-BOS-064, Ex. MET-PHL-053, Ex. MET-PHL-056, Ex. MET-PHL-060, Ex. MET-PIT-019, Ex. MET-PIT-022, Ex. MET-PIT-033, Ex. MET-PIT-039, Ex. MET-PIT-047, Ex. AGY-ST-COURTS-038, Ex. MET-SAT-045, Ex. MET-SAT-055, Ex. MET-SAT-061, Ex. MET-SAT-068, Ex. MET-SAT-072, Ex. MET-CMH-040, Ex. MET-CMH-045, Ex. MET-CLE-035, Ex. MET-HOU-011, Ex. MET-HOU-036, Ex. MET-HOU-052, Ex. MET-DFW-034, Ex. MET-DEN-072, Ex. MET-DET-023, Ex. MET-ORL-046, Ex. MET-SLC-042, Ex. MET-MKE-030).
LE, leasing offices
The leasing office is a storefront and an office at once, and it fell under the closure of non-essential retail and offices in every stay-at-home State in the second quarter of 2020, under the twenty-five and fifty percent office caps of the reopening orders (Massachusetts, Connecticut, New York, Kentucky, Pennsylvania) and California's Blueprint in the third quarter, under the winter caps and telework mandates of eighteen jurisdictions in the fourth quarter of 2020 and the first quarter of 2021, under the standing telework commands of New Jersey (to June 4, 2021), Maine (to June 30, 2021), Rhode Island and Minnesota (to April 14, 2021), under those orders' stepped expiry in the second quarter of 2021, and under the face-covering and exposure-control orders of the Delta jurisdictions in the third quarter of 2021.192
The modification
The modifications the orders compelled were these: closure; appointment-only tours; occupancy caps; telework of the office staff by order; face coverings on every prospect and agent, the exposure-control condition of the Delta quarter.
The operation of the leasing-office function was partially suspended in each of the six quarters because of the office, retail, capacity, telework and exposure-control orders cited above (Ex. NY-002, Ex. NJ-004, Ex. NJ-036, Ex. NJ-051, Ex. PA-002, Ex. MI-011, Ex. CA-002, Ex. WA-016, Ex. MA-008, Ex. CT-007, Ex. IL-005, Ex. ME-025, Ex. RI-006, Ex. MN-010, Ex. MA-017, Ex. CT-069, Ex. CT-079, Ex. NY-131, Ex. CA-017, Ex. CO-081, Ex. MA-040, Ex. WA-047, Ex. NV-030, Ex. CA-020, Ex. PA-022, Ex. MI-059, Ex. MI-062, Ex. MI-063, Ex. OH-037, Ex. OH-039, Ex. RI-029, Ex. RI-032, Ex. CT-087, Ex. CT-093, Ex. PA-031, Ex. PA-033, Ex. WA-056, Ex. WA-065, Ex. CA-055, Ex. MN-037, Ex. NM-057, Ex. MET-LA-018, Ex. MET-SFO-010, Ex. NV-041, Ex. NV-042, Ex. LA-036, Ex. OR-048, Ex. NM-067, Ex. WA-078, Ex. IL-042, Ex. DC-057, Ex. CT-052, Ex. MA-050, Ex. NY-133, Ex. NY-073, Ex. CA-029, Ex. CO-041, Ex. CO-053, Ex. MET-BAL-017).
AP, appraisals and inspections
The stay-at-home orders barred or confined the appraiser's and inspector's entry to the interior in the closure States from March 19 to May 2020 and in the winter-confinement jurisdictions from November 2020 to January 2021; Michigan's and Pennsylvania's orders named "appraisals" and "inspections" among the acts confined to appointment and party caps; Fannie Mae's Lender Letter LL-2020-04, FHFA's direction and FHA's Mortgagee Letters 2020-05 and 2021-06 prescribed exterior-only and desktop appraisals in place of interior inspections from March 23 and 27, 2020 through May 31 and June 30, 2021; the interagency and NCUA rules deferred the appraisal itself for transactions closed through December 31, 2020; and the face-covering orders of the Delta quarter and Oregon OSHA's occupational-health rule, the airborne-transmission controls of the period, governed every inspection in their jurisdictions.193
The modification
The modifications the orders compelled were these: the interior inspection barred or confined; the exterior-only and desktop report substituted by lender rule; the appraisal deferred; the inspection conducted under face coverings and party caps.
The operation of the appraisal and inspection function was partially suspended in the second, third and fourth quarters of 2020 and the first and second quarters of 2021 because of the stay-at-home orders and the federal appraisal instruments (Ex. MI-011, Ex. SEC-14-023, Ex. PA-002, Ex. SEC-14-020, Ex. CA-020, Ex. SEC-14-012, Ex. AGY-FED-FINANCIAL-098, Ex. SEC-14-010, Ex. SEC-14-084, Ex. SEC-14-007, Ex. AGY-FED-FINANCIAL-017, Ex. AGY-FED-FINANCIAL-040, and the regulators' implementing guidance cited as context, Ex. AGY-FED-FINANCIAL-016 and Ex. AGY-FED-FINANCIAL-103), and in the third quarter of 2021 because of the face-covering and exposure-control orders of subpart B-6 and Oregon OSHA's occupational-health rule, under which every appraisal and inspection in Los Angeles County, the Bay Area, Sacramento, Clark and Washoe Counties, Louisiana, Oregon, New Mexico, Washington, Illinois, Hawaii, the District, Connecticut and the metros named there was conducted (Ex. MET-LA-018, Ex. OR-048, Ex. OR-049, Ex. WA-078, Ex. NM-067, Ex. IL-042, Ex. NV-041, Ex. LA-036).
CM, commercial leasing and tenant closures
Every restaurant, bar, retailer, salon, gym, theater, hotel and office tenant of a commercial landlord was closed or capped by the orders of its own industry in every quarter, inventoried in the companion analyses and relied on here under Q&A-12's logic and the statute's text; commercial evictions were barred in Oregon (April 1 to September 30, 2020), Washington (Seattle's small-business moratorium, March 17, 2020 to January 15, 2022), Illinois (non-residential enforcement, April 23, 2020 onward), Massachusetts (small-business units, April 20 to October 17, 2020), New York (chapter 381 and chapters 104 and 417 of 2021, to January 15, 2022), New Jersey (Executive Order 106's early terms) and Nevada (Directive 008 to July 1, 2020); and in the third quarter of 2021 the vaccination-proof orders of New York City, San Francisco and New Orleans and the face-covering and exposure-control orders of the Delta jurisdictions governed every tenant's premises.194
The modification
The modifications the orders compelled were these: the tenant's rent-paying operation closed or capped by order; the landlord's remedy against the tenant suspended; the tenant's premises conditioned on vaccination proof and face coverings.
The operation of the commercial leasing function was partially suspended in each of the six quarters because of the tenant-industry orders and the commercial eviction instruments cited above (Ex. SEC-14-063, Ex. SEC-14-064, Ex. MET-SEA-007, Ex. MET-SEA-017, Ex. MET-SEA-019, Ex. SEC-14-056, Ex. SEC-14-052, Ex. SEC-14-043, Ex. NY-085, Ex. SEC-14-045, Ex. SEC-14-017, Ex. MET-NYC-017, Ex. MET-SFO-011, Ex. MET-MSY-029, Ex. MET-LA-018, Ex. IL-042, Ex. WA-078) and the companion analyses.
HR, hiring, licensing and training
Salesperson and broker examinations, pre-licensing classes and continuing education are given in person at testing centers and classrooms that the stay-at-home, gathering and school orders closed in the spring of 2020 and the winter of 2020-21; the State real estate commissions suspended or converted them and extended license terms under the Governors' emergency orders, and the emergency declarations of the third quarter of 2021 carried the extensions forward; the industry's hiring of staff was reached by the FFCRA leave mandate and by the Form I-9 deferral, which the DHS extended through the period.195
The modification
The modifications the orders compelled were these: examinations and classes cancelled or converted to remote formats; licensure delayed; onboarding conducted remotely by federal accommodation.
The operation of the hiring, licensing and training function was partially suspended in the second, third and fourth quarters of 2020 and the first quarter of 2021 because of the stay-at-home, gathering and closure orders under which the commissions acted (Ex. PA-002, Ex. MI-011, Ex. NY-002, Ex. NJ-004, Ex. CA-002, Ex. WA-016, Ex. IL-005, Ex. MA-008, Ex. CT-007, Ex. CA-020, Ex. PA-022, Ex. WA-047, Ex. MA-040) and in the second and third quarters of 2021 because of the State emergencies and their license-term instruments (Ex. PA-040, Ex. GA-042, Ex. TX-001, Ex. TX-038, Ex. NJ-053, Ex. ME-060, Ex. DE-041, Ex. AL-052, Ex. TN-034, Ex. NC-031) and the federal workforce instruments (Ex. FED-170, Ex. ECO-C-126). Where a commission's instrument is not an exhibit of the Library, the Governor's order under which it issued is the order relied on.
OP, office premises and telework
The brokerage office, the title agency and the property manager's back office were closed to in-person work in New York (one hundred percent reduction from March 22, 2020), New Jersey, Pennsylvania, Michigan, Vermont, Delaware, New Mexico, Washington and California in the second quarter of 2020, and ordered to telework "to the fullest extent possible" in Kentucky and "whenever telework and work-at-home options are available" in Oregon; ordered to accommodate telework "wherever practicable" with on-site staff "to the minimal number necessary" in New Jersey from March 21, 2020 to June 4, 2021, to "continue to have their employees work remotely" in Maine from May 31, 2020 to June 30, 2021, to send home every business-service employee who could work from home in Rhode Island from March 23, 2020 and again from November 30, 2020, and to keep every worker who could work from home at home in Minnesota to April 14, 2021; reopened at twenty-five and fifty percent under the reopening orders in the third quarter; re-closed or re-capped by the winter orders (Pennsylvania's "[u]nless impossible," California's Regional Stay at Home Order, Washington's twenty-five percent, Colorado's ten percent, Massachusetts' twenty-five percent, Ohio's curfew and Retail and Business Compliance order, and Michigan's MIOSHA emergency rules of October 14, 2020, which required every employer to "create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely") in the fourth quarter of 2020 and the first quarter of 2021; released through the stepped expiry of the second quarter of 2021; and governed in the third quarter of 2021 by the Delta-wave face-covering and exposure-control orders, the New York HERO Act exposure-prevention plans and, for managers of federally leased property and federal contractors, the Task Force principles and Executive Order 14042.196
The modification
The modifications the orders compelled were these: closure; compelled telework; occupancy caps of ten, twenty-five and fifty percent; face coverings and the workplace infection-prevention requirements they belonged to; exposure-prevention plans; contractor attestation.
The operation of the office function was partially suspended in each of the six quarters because of the closure, telework, capacity, workplace-standard, exposure-control and contractor orders cited above (Ex. NY-002, Ex. NY-131, Ex. NJ-004, Ex. NJ-036, Ex. NJ-051, Ex. PA-002, Ex. PA-004, Ex. PA-016, Ex. PA-022, Ex. PA-031, Ex. PA-033, Ex. MI-011, Ex. MI-054, Ex. MI-059, Ex. MI-062, Ex. MI-063, Ex. VT-010, Ex. VT-034, Ex. DE-005, Ex. NM-006, Ex. NM-057, Ex. WA-016, Ex. WA-047, Ex. WA-056, Ex. WA-065, Ex. CA-002, Ex. CA-017, Ex. CA-020, Ex. CA-023, Ex. CA-024, Ex. CA-055, Ex. SEC-14-030, Ex. OR-007, Ex. OR-035, Ex. OR-041, Ex. OR-049, Ex. KY-033, Ex. CO-010, Ex. CO-081, Ex. MA-017, Ex. MA-040, Ex. ME-025, Ex. RI-006, Ex. RI-029, Ex. RI-032, Ex. MN-010, Ex. MN-037, Ex. OH-037, Ex. OH-039, Ex. VA-036, Ex. VA-037, Ex. FED-060, Ex. FED-270, Ex. FED-272, Ex. FED-063, Ex. NY-136, Ex. NY-127, Ex. NY-133, Ex. MET-LA-018, Ex. MET-SFO-010, Ex. MET-BAL-017, Ex. DC-057).
WF, workforce availability
The industry's staff were confined by the stay-at-home orders of forty-two States; kept home by the school closures of March 2020 and the remote school year that followed, by the emergency-only child-care orders and by the FFCRA leave mandate through December 31, 2020; quarantined for ten to fourteen days on every exposure by the isolation and quarantine orders of their health officers throughout the period; conditioned in every commute by the CDC conveyance order and TSA directives from February 1, 2021; and, in the third quarter of 2021, subject to the school face-covering and quarantine orders of the autumn and the vaccination and testing rules of Puerto Rico, Guam, New York City and the health-care sector where they worked on site.197
The modification
The modifications the orders compelled were these: staff removed from the office by law; leave mandated; quarantine imposed; commutes conditioned.
The operation of the industry was partially suspended in each of the six quarters through its workforce because of the stay-at-home, school, leave, quarantine and conveyance orders cited above (Ex. FED-170, Ex. ECO-B-002, Ex. ECO-B-003, Ex. FED-020, Ex. FED-050, Ex. FED-051, Ex. FED-052, Ex. MET-SAN-023, Ex. MET-SAN-024, Ex. MET-SEA-004, Ex. NH-063, Ex. NH-064, Ex. NH-066, Ex. OH-084, Ex. AGY-TERRITORIES-032, Ex. AGY-TERRITORIES-110) and the stay-at-home orders of the fifty-State table.
CB, the customer base
Buyers, sellers, tenants and landlords were confined to their homes by the stay-at-home orders of the second quarter of 2020 and the winter of 2020-21, permitted to leave only for enumerated purposes among which viewing property was not named in the closure States; out-of-State buyers were quarantined on arrival in Hawaii from March 26, 2020 and in New York, New Jersey and Connecticut from June 25, 2020, and in Massachusetts, Vermont, Maine, Rhode Island, New Mexico, Kentucky, Kansas and Chicago under their own orders; foreign buyers were barred by the entry proclamations and land-border notices through November 8 and October 21, 2021; tenants were protected from eviction by the instruments of PM, which fixed what a landlord could and could not do; commercial customers were closed or capped by the orders on their industries; and in the third quarter of 2021 every customer in a Delta jurisdiction entered a showing, a leasing office or a closing under a face-covering or vaccination-proof order, the exposure-control requirements of the Delta quarter.198
The modification
The modifications the orders compelled were these: the customer confined, quarantined or barred from entry; the customer's own operation closed; the customer's transaction conditioned.
The operation of the industry was partially suspended in each of the six quarters through its customer base because of the stay-at-home, quarantine, entry, border, eviction and exposure-control orders cited above (Ex. HI-003, Ex. ECO-C-001, Ex. FED-200, Ex. FED-207, Ex. FED-208, Ex. FED-210, Ex. FED-211, Ex. FED-232, Ex. FED-255, Ex. FED-233, Ex. FED-256, Ex. SEC-14-001, Ex. SEC-14-004, Ex. SEC-14-005, Ex. SEC-14-011, Ex. SEC-14-013, Ex. MET-LA-018, Ex. MET-NYC-017, Ex. MET-SFO-011, Ex. MET-MSY-029) and the stay-at-home and winter orders of the fifty-State table.