Building Owner Notification Section
This section of the proposed regulations is overly burdensome to property/building owners. Leases with tenants are structured in many different (and complex) ways. A commercial property can be occupied by a tenant (or multiple tenants) and the tenant is 100% responsible for maintaining their space and common areas. It is not practical for tenants to notify their Landlord every time their is a COVID occurrence. It is also not practical to notify other tenants in the building of such occurrence. Policy makers need to consult experienced real estate attorneys to understand the legal impacts this proposal may have on the Landlord/Tenant relationship.
If the Landlord is responsible for sanitizing the common area they will pass these costs on to the tenants. This can be extremely expensive and costly to business owners who are trying to remain solvent during an economic recession.
“In the same manner as subdivision 8 a of this subsection, the building or facility owner. The building or facility owner will require all employer tenants to notify the owner of the occurrence of a SARS-CoV-2-positive test for any employees or residents in the building. This notification will allow the owner to take the necessary steps to sanitize the common areas of the building. In addition, the building or facility owner will notify all employer tenants in the building that one or more cases have been discovered and the floor or work area where the case was located.”