Earlier this week, on Monday, we had reported that New Jersey was allowing, subject to proper distancing and safety measures, all construction projects within the State to proceed “as usual,” but that we believed New Jersey might ultimately follow New York’s lead after New York recently limited what it considered to be “essential” construction services

In March of this year, New York State issued restrictions on the operation of all businesses, providing some exceptions for businesses viewed as “essential.”  Construction services were included as “essential.”  Later in the month, seemingly in response to public outcry, the State narrowed the scope of permitted construction services.  See our earlier blog here.

New Jersey, like its sister state New York, has been overwhelmed in recent weeks with COVID-19 cases, and both states have responded in kind with a variety of “stay at home” executive orders in an attempt to reduce, as much as possible, the exposure of their citizens to the highly-contagious novel coronavirus.

On March 21,

On March 30, 2020, the New York City Department of Buildings (DOB) offered guidance on what “Essential” construction means for a project with an affordable housing component under the updated Empire State Development guidelines issued on Friday, March 27, 2020 under Governor Cuomo’s Executive Order 202.6. The DOB offered clarity on whether a project qualifies