NY State Senate Bill 2019-S5982A

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	print number 5982a
Mar 11, 2020	amend and recommit to cities
Jan 08, 2020	referred to cities
May 16, 2019	referred to cities

Bill Amendments

Original

A (Active)

2019-S5982 - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add Title 22 Chap 12 §§22-1201 & 22-1202, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4257
2023-2024: S2950

2019-S5982 - Summary

Relates to requiring contracts for a commercial lease.

2019-S5982 - Sponsor Memo

                                
 
BILL NUMBER: S5982

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring contracts for a commercial lease

 
PURPOSE:

This bill ensures that current and future commercial tenants are given a
lease from a property owner with specific information.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends title 22 of the administrative code of the city of
New York by adding a new chapter 12 entitled "Commercial Lease
Contracts", which ensures that commercial tenants receive a lease,
defines terms within leases, and establishes requirements for commercial
lease contracts. It also provides that commercial tenants have a right
to request their start date of tenancy be included or excluded in the
written contract, to request to receive a written contract, including
provisions to remain a tenant until they receive a written contract,

withhold rent after 30 days without written contract, or to suspend
payment after 60 days without a written contract.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In New York City commercial tenants, specifically small businesses, lack
meaningful rights and protections as their lease expire. Many small
businesses are currently operating without a written contract on a month
to month basis. In a city where the majority of tenants are currently
rent burdened and owning a small business is an additional rent burden,
we must ensure that commercial tenants have the most basic of
protections such as a right to a lease.

If a business is in a space and is expected to pay rent to exist in said
space, then there should always be a written contract in the business'
and the property owners' possession that states those terms.  Although
the New York City Council acknowledges there is a affordability crisis
for commercial tenants, they have yet to act on a package of bills that
addresses protections for commercial tenants. This bill would take one
step forward in addressing one of the many issues that New York City
small businesses are facing.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5982 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5982
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to requiring contracts for a commercial lease
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 22 of the administrative code of the city of New York
 is amended by adding a new chapter 12 to read as follows:
                                 CHAPTER 12
                        COMMERCIAL LEASE CONTRACTS
 SECTION 22-1201 DEFINITIONS.
         22-1202 COMMERCIAL LEASE CONTRACT REQUIREMENTS.
   § 22-1201 DEFINITIONS. AS USED IN THIS  CHAPTER  THE  FOLLOWING  TERMS
 HAVE THE FOLLOWING MEANINGS:
   1.  "WRITTEN  CONTRACT"  MEANS  A  COMMERCIAL  LEASE  OR LEASE FOR THE
 PURPOSES OF RENTING A COMMERCIAL PROPERTY, THAT SHALL BE PROVIDED  TO  A
 COMMERCIAL TENANT AS AN OFFICIAL AGREEMENT ON CONTRACT TERMS.
   2.  "COMMERCIAL  TENANT"  MEANS A LESSEE OR ENTITY THAT IS ENTERING AN
 AGREEMENT TO RENT AND LAWFULLY OCCUPY THE COMMERCIAL PROPERTY.
   3. "COMMERCIAL LEASE" MEANS A WRITTEN CONTRACT PROVIDED  ON  PAPER  OR
 ELECTRONICALLY.
   4. "COMMERCIAL PROPERTY" MEANS ANY NON-RESIDENTIAL REAL ESTATE PROPER-
 TY THAT IS OWNED OR USED FOR BUSINESS PURPOSES.
   5.  "PROPERTY  OWNER"  MEANS A PERSON, LANDLORD, OWNER, OR ENTITY THAT
 OWNS OR MANAGES A COMMERCIAL PROPERTY.
   § 22-1202 COMMERCIAL LEASE CONTRACT REQUIREMENTS. 1. A LANDLORD  SHALL
 PROVIDE A WRITTEN CONTRACT TO A COMMERCIAL TENANT. SUCH WRITTEN CONTRACT
 MUST INCLUDE, BUT IS NOT LIMITED TO, THE:
   A. ADDRESS OF THE PROPERTY AND A DESCRIPTION OF THE SPACE LEASED;
   B.  CONTACT  INFORMATION  FOR  THE  PROPERTY  OWNER OR MANAGER AND THE
 PRIMARY CONTACT OF THE BUSINESS, ALL CONTACTS PREFERRED BY THOSE PARTIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11847-01-9

 S. 5982                             2
 
 SHOULD BE INCLUDED ON THE LEASE, WHICH SHALL NOT BE LIMITED TO ONLY  ONE
 CONTACT;
   C. TERM OF THE LEASE, WITH THE DATE OF COMMENCEMENT AND DATE OF TERMI-
 NATION OF SUCH TERM;
   D.  LEASE  EXTENSION  OR  RENEWAL INFORMATION IF ANY RENEWAL OPTION IS
 PROVIDED WITH THE DATE OR DATES ON WHICH SUCH EXTENSION OR  RENEWAL  ARE
 EXERCISABLE;
   E. MONTHLY RENT AND DUE DATE;
   F. ANY TERMS THAT MAY RESULT IN TERMINATION OF THE WRITTEN CONTRACT OR
 ADDITIONAL FEES AND CHARGES;
   G.  EXPLANATION  OF  ANY  ADDITIONAL  FEES OR CHARGES, IF ANY, SUCH AS
 CONTRIBUTION TO PROPERTY TAXES, WHETHER THIS IS CONSECUTIVE  OR  A  ONE-
 TIME PAYMENT; AND
   H.  ALL  THE  RESPONSIBILITIES FOR THE COMMERCIAL TENANT AND THE LAND-
 LORD, IF ANY.
   2. COMMERCIAL TENANTS MAY REQUEST THAT THE START DATE  OF  TENANCY  OR
 OTHER  RELEVANT  INFORMATION  TO PROVE OCCUPANCY AND DURATION THEREOF BE
 INCLUDED OR EXCLUDED IN A WRITTEN CONTRACT.
   3. COMMERCIAL TENANTS HAVE THE RIGHT TO,  UPON  REQUEST,  RECEIVE  ANY
 INFORMATION LISTED UNDER SUBDIVISION ONE OF THIS SECTION.
   4.  COMMERCIAL TENANTS WHO DO NOT RECEIVE A WRITTEN CONTRACT INCLUDING
 ITEMS REQUIRED BY THIS SECTION SHALL BE LEGALLY ALLOWED TO:
   A. CONTINUE THEIR TENANCY UNTIL THE CONTRACT IS PROVIDED;
   B. WITHHOLD RENT PAYMENT AFTER THIRTY DAYS WITHOUT A CONTRACT; AND
   C. SUSPEND PAYMENT ON THE SIXTY-FIRST DAY WITHOUT  A  LEASE.  PROPERTY
 OWNERS  WHO  DO  NOT  PROVIDED  A  LEASE  WITHIN  SIXTY DAYS FORFEIT THE
 PAYMENTS FOR THAT TIME PERIOD PRIOR AND UNTIL THE ISSUANCE OF THE LEASE.
   § 2. This act shall take effect immediately.

2019-S5982A (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add Title 22 Chap 12 §§22-1201 & 22-1202, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4257
2023-2024: S2950

2019-S5982A (ACTIVE) - Summary

Relates to requiring contracts for a commercial lease.

2019-S5982A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5982A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requiring contracts for a commercial lease

 
PURPOSE:.

This bill ensures that current and future commercial tenants are given a
lease from a property owner with specific information.

 
SUMMARY OF SPECIFIC

Section one amends title 22 of the administrative code of the city of
New York by adding a new chapter 12 entitled "Commercial Lease
Contracts", which ensures that commercial tenants receive a lease,
defines terms within leases, and establishes requirements for commercial
lease contracts. It also provides that commercial tenants have a right
to request their start date of tenancy be included or excluded in the

written contract, to request to receive a written contract, including
provisions to remain a tenant until they receive a written contract,
withhold rent after 30 days without written contract, or to suspend
payment after 60 days without a written contract.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In New York City commercial tenants, specifically small businesses, lack
meaningful rights and protections as their lease expire. Many small
businesses are currently operating without a written contract on a month
to month basis. In a city where the majority of tenants are currently
rent burdened and owning a small business is an additional rent burden,
we must ensure that commercial tenants have the most basic of
protections such as a right to a lease.  If a business is in a space and
is expected to pay rent to exist in said space, then there should always
be a written contract in the business' and the property owners'
possession that states those terms. Although the New York City Council
acknowledges there is a affordability crisis for commercial tenants,
they have yet to act on a package of bills that addresses protections
for commercial tenants.  This bill would take one step forward in
addressing one of the many issues that New York City small businesses
are facing.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5982A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5982--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities --  recommitted  to
   the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to requiring contracts for a commercial lease
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 22 of the administrative code of the city of New York
 is amended by adding a new chapter 12 to read as follows:
                                 CHAPTER 12
                        COMMERCIAL LEASE CONTRACTS
   §  22-1201  DEFINITIONS.  AS  USED IN THIS CHAPTER THE FOLLOWING TERMS
 HAVE THE FOLLOWING MEANINGS:
   1. "WRITTEN CONTRACT" MEANS  A  COMMERCIAL  LEASE  OR  LEASE  FOR  THE
 PURPOSES  OF  RENTING A COMMERCIAL PROPERTY, THAT SHALL BE PROVIDED TO A
 COMMERCIAL TENANT AS AN OFFICIAL AGREEMENT ON CONTRACT TERMS.
   2. "COMMERCIAL TENANT" MEANS A LESSEE OR ENTITY THAT  IS  ENTERING  AN
 AGREEMENT TO RENT AND LAWFULLY OCCUPY THE COMMERCIAL PROPERTY.
   3.  "COMMERCIAL  LEASE"  MEANS A WRITTEN CONTRACT PROVIDED ON PAPER OR
 ELECTRONICALLY.
   4. "COMMERCIAL PROPERTY" MEANS ANY NON-RESIDENTIAL REAL ESTATE PROPER-
 TY THAT IS OWNED OR USED FOR BUSINESS PURPOSES.
   5. "PROPERTY OWNER" MEANS A PERSON, LANDLORD, OWNER,  OR  ENTITY  THAT
 OWNS OR MANAGES A COMMERCIAL PROPERTY.
   §  22-1202 COMMERCIAL LEASE CONTRACT REQUIREMENTS. 1. A LANDLORD SHALL
 PROVIDE A WRITTEN CONTRACT TO A COMMERCIAL TENANT. SUCH WRITTEN CONTRACT
 MUST INCLUDE, BUT IS NOT LIMITED TO, THE:
   A. ADDRESS OF THE PROPERTY AND A DESCRIPTION OF THE SPACE LEASED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11847-02-0

 S. 5982--A                          2
 
   B. CONTACT INFORMATION FOR THE  PROPERTY  OWNER  OR  MANAGER  AND  THE
 PRIMARY CONTACT OF THE BUSINESS, ALL CONTACTS PREFERRED BY THOSE PARTIES
 SHOULD  BE INCLUDED ON THE LEASE, WHICH SHALL NOT BE LIMITED TO ONLY ONE
 CONTACT;
   C. TERM OF THE LEASE, WITH THE DATE OF COMMENCEMENT AND DATE OF TERMI-
 NATION OF SUCH TERM;
   D.  LEASE  EXTENSION  OR  RENEWAL INFORMATION IF ANY RENEWAL OPTION IS
 PROVIDED WITH THE DATE OR DATES ON WHICH SUCH EXTENSION OR  RENEWAL  ARE
 EXERCISABLE;
   E. MONTHLY RENT AND DUE DATE;
   F. ANY TERMS THAT MAY RESULT IN TERMINATION OF THE WRITTEN CONTRACT OR
 ADDITIONAL FEES AND CHARGES;
   G.  EXPLANATION  OF  ANY  ADDITIONAL  FEES OR CHARGES, IF ANY, SUCH AS
 CONTRIBUTION TO PROPERTY TAXES, INSURANCE, MAINTENANCE, FACADE OR STRUC-
 TURAL REPAIRS, OR UTILITIES, WHETHER THIS IS CONSECUTIVE OR  A  ONE-TIME
 PAYMENT; AND
   H.  ALL  THE  RESPONSIBILITIES FOR THE COMMERCIAL TENANT AND THE LAND-
 LORD, IF ANY.
   2. COMMERCIAL TENANTS MAY REQUEST THAT THE START DATE  OF  TENANCY  OR
 OTHER  RELEVANT  INFORMATION  TO PROVE OCCUPANCY AND DURATION THEREOF BE
 INCLUDED OR EXCLUDED IN A WRITTEN CONTRACT.
   3. COMMERCIAL TENANTS HAVE THE RIGHT TO,  UPON  REQUEST,  RECEIVE  ANY
 INFORMATION LISTED UNDER SUBDIVISION ONE OF THIS SECTION.
   4.  COMMERCIAL TENANTS WHO DO NOT RECEIVE A WRITTEN CONTRACT INCLUDING
 ITEMS REQUIRED BY THIS SECTION SHALL BE LEGALLY ALLOWED TO:
   A. CONTINUE THEIR TENANCY UNTIL THE CONTRACT IS PROVIDED;
   B. WITHHOLD RENT PAYMENT AFTER THIRTY DAYS WITHOUT A CONTRACT; AND
   C. SUSPEND PAYMENT ON THE SIXTY-FIRST DAY WITHOUT  A  LEASE.  PROPERTY
 OWNERS  WHO  DO  NOT  PROVIDED  A  LEASE  WITHIN  SIXTY DAYS FORFEIT THE
 PAYMENTS FOR THAT TIME PERIOD PRIOR AND UNTIL THE ISSUANCE OF THE LEASE.
   § 2. This act shall take effect immediately.

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Senate Bill S5982A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Bill Amendments

2019-S5982 - Details

2019-S5982 - Summary

2019-S5982 - Sponsor Memo

2019-S5982 - Bill Text download pdf

2019-S5982A (ACTIVE) - Details

2019-S5982A (ACTIVE) - Summary

2019-S5982A (ACTIVE) - Sponsor Memo

2019-S5982A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5982A

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Cities Committee

Bill Amendments

2019-S5982 - Details

2019-S5982 - Summary

2019-S5982 - Sponsor Memo

2019-S5982 - Bill Text download pdf

2019-S5982A (ACTIVE) - Details

2019-S5982A (ACTIVE) - Summary

2019-S5982A (ACTIVE) - Sponsor Memo

2019-S5982A (ACTIVE) - Bill Text download pdf

Comments