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Assembly Bill A10414

2017-2018 Legislative Session

Prohibits commercial leases from including a waiver of the right to a declaratory judgment action

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Archive: Last Bill Status - On Floor Calendar

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2017-A10414 (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in 2019-2020 Legislative Session:
A2554

2017-A10414 (ACTIVE) - Summary

Prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy.

2017-A10414 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10414
 
                           I N  A S S E M B L Y
 
                              April 19, 2018
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the real property law, in relation to prohibiting leases
   from including a waiver of the right to a declaratory judgment action
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  real property law is amended by adding a new section
 235-h to read as follows:
   § 235-H. WAIVER OF RIGHT TO BRING A DECLARATORY  JUDGMENT  ACTION.  NO
 COMMERCIAL  LEASE SHALL CONTAIN ANY PROVISION WAIVING OR PROHIBITING THE
 RIGHT OF ANY TENANT TO BRING A DECLARATORY JUDGMENT ACTION WITH  RESPECT
 TO ANY PROVISION, TERM OR CONDITION OF SUCH COMMERCIAL LEASE. THE INCLU-
 SION  OF  ANY  SUCH WAIVER PROVISION IN A COMMERCIAL LEASE SHALL BE NULL
 AND VOID AS AGAINST PUBLIC POLICY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15330-03-8

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