Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 22, 2020 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A10471 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §227-g, RP L
- Versions Introduced in 2021-2022 Legislative Session:
-
A3346
A10471 (ACTIVE) - Summary
Permits the early termination of a commercial lease by a small business or non-profit tenant employing 100 people or less during a state of emergency where the tenant's business has been subject to seating, occupancy or on-premises service limitations pursuant to an executive order issued by the governor during or six months after a declared state of emergency; the revenues of the tenant's business during any three-month period within the declared state of emergency or six months after are less than fifty percent of its revenues for the same period in the previous year or less than fifty percent of its aggregate revenues for the three months preceding the declared state of emergency; or the covered premises is unusable for sixty days or more; permits a tenant to terminate a lease or rental agreement up to six months after the expiration of such state of emergency.
A10471 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10471 I N A S S E M B L Y May 22, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Epstein) -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to permitting the early termination of a lease by certain tenants during a state of emergency 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 227-g to read as follows: § 227-G. TERMINATION OF CERTAIN COMMERCIAL LEASES DURING A STATE OF EMERGENCY. 1. (A) FOR THE PURPOSES OF THIS SECTION, A "TENANT" SHALL MEAN A TENANT THAT IS (I) A SMALL BUSINESS, AS DEFINED BY SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW, OR (II) A NON-PROFIT ORGANIZATION EMPLOYING LESS THAN ONE HUNDRED PEOPLE. (B) IN ANY LEASE OR RENTAL AGREEMENT COVERING PREMISES OCCUPIED FOR COMMERCIAL PURPOSES, WHERE THE TENANT OF SUCH PROPERTY NO LONGER REQUIRES USE OF THE PROPERTY FOR REASONS INCLUDING, BUT NOT LIMITED TO, THE CAUSE OF A DECLARED STATE OF EMERGENCY CAUSING: (I) SEATING, OCCU- PANCY OR ON-PREMISES SERVICE LIMITATIONS AT THE TENANT'S BUSINESS PURSU- ANT TO AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR DURING A DECLARED STATE OF EMERGENCY OR THE SIX MONTHS AFTER THE EXPIRATION OF THE STATE OF EMERGENCY; (II) THE REVENUES OF THE TENANT'S BUSINESS DURING ANY THREE- MONTH PERIOD WITHIN THE DECLARED STATE OF EMERGENCY OR WITHIN THE SIX MONTHS AFTER THE EXPIRATION OF THE STATE OF EMERGENCY TO BE LESS THAN FIFTY PERCENT OF ITS REVENUES FOR THE SAME PERIOD IN THE PREVIOUS YEAR OR LESS THAN FIFTY PERCENT OF ITS AGGREGATE REVENUES FOR THE THREE MONTHS PRECEDING THE DECLARED STATE OF EMERGENCY; OR (III) THE COVERED PREMISES TO BE UNUSABLE FOR SIXTY DAYS OR MORE, SUCH TENANT SHALL BE PERMITTED TO TERMINATE SUCH LEASE OR RENTAL AGREEMENT AND QUIT AND SURRENDER POSSESSION OF THE LEASEHOLD PREMISES AND THE LAND SO LEASED OR OCCUPIED PURSUANT TO THE PROVISIONS OF THIS SECTION AND TO BE RELEASED FROM ANY LIABILITY TO PAY TO THE LESSOR OR OWNER, RENT OR OTHER PAYMENTS IN LIEU OF RENT FOR THE TIME SUBSEQUENT TO THE DATE OF TERMINATION OF SUCH LEASE IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION. A TENANT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets