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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 ordered to third reading rules cal.120
rules report cal.120
Jun 11, 2018 reported
Jun 06, 2018 reported referred to rules
Apr 19, 2018 referred to judiciary

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A10414 (ACTIVE) - Details

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

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.

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