assembly Bill A10471

2019-2020 Legislative Session

Relates to permitting the early termination of a commercial lease by certain tenants during a state of emergency

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2020 referred to judiciary

A10471 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §227-g, RP L

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