NY State Senate Bill 2019-S8288

Senate Bill S8288

2019-2020 Legislative Session

Prohibits the charging of certain membership fees or rent for coworking spaces or shared workspaces during a state disaster emergency

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2020	referred to consumer protection

co-Sponsors

2019-S8288 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-vv, Gen Bus L

2019-S8288 (ACTIVE) - Summary

Prohibits the charging of membership fees or rent for any coworking space or shared workspace during a state disaster emergency including when a consumer can demonstrate a financial hardship.

2019-S8288 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8288

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
charging of certain membership fees or rent for coworking spaces or
shared workspaces during a state disaster emergency

 
PURPOSE:

The proposed legislation seeks to prevent shared working spaces
agency/corporation from charging rent and membership fees during the
current COVID-19 pandemic

 
SUMMARY OF PROVISIONS:

Section 1 amends the General Business Law by adding a new section 399-vv
to prevent shared working spaces organization from continuously charging
monthly rent and membership fees to members who cannot access the facil-
ities.

Section 2 provides that a violation shall be punishable by a civil
penalty not to exceed on thousand dollars.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Co-working companies, such as WeWork, provide office space, desk space,
and an overall office atmosphere to entrepreneurs and small businesses
that would otherwise be too expensive for these businesses to obtain and
maintain. In response to COVID-19, the Governor issued a series of exec-
utive orders that effectively shuttered and precluded office-work for
the foreseeable future; however, Co-working companies are continuously
charging small businesses and entrepreneurs rent and membership fees
although they cannot use the facilities, and are otherwise unable to
afford the cost. This bill seeks to protect these small business owners
during these times of crisis.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATION:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8288 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8288
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   charging of certain membership fees or rent for  coworking  spaces  or
   shared workspaces during a state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-vv to read as follows:
   § 399-VV. PROHIBITION OF CERTAIN MEMBERSHIP FEE OR RENT CHARGES.    1.
 DURING A STATE DISASTER EMERGENCY, DECLARED PURSUANT TO ARTICLE TWO-B OF
 THE  EXECUTIVE  LAW, NO PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION OR
 OTHER BUSINESS ENTITY SHALL CHARGE A CONSUMER ANY CONTRACTED  MEMBERSHIP
 FEE  OR  RENT  FOR  ANY COWORKING SPACE OR SHARED WORKSPACE WHEN, DUE TO
 SUCH STATE DISASTER EMERGENCY:
   (A) THE USE OF SUCH COWORKING SPACE OR SHARED WORKPLACE:
   (I) HAS CEASED, PARTIALLY OR FULLY;
   (II) HAS BEEN RENDERED IMPOSSIBLE, ILLEGAL OR IMPRACTICAL; OR
   (III) THE NON-USE OF SUCH COWORKING SPACE OR SHARED WORKSPACE, OR  THE
 NON-RENDERING  OR  THE  NON-USE OF A CONTRACTED SERVICE RELATED THERETO,
 HAS FRUSTRATED THE PURPOSE OF THE CONTRACT; OR
   (B) A CONSUMER WOULD EXPERIENCE AND DEMONSTRATES FINANCIAL HARDSHIP IF
 HE OR SHE WERE TO PAY SUCH MEMBERSHIP FEE OR RENT.
   2. EVERY VIOLATION OF THIS SECTION SHALL  BE  PUNISHABLE  BY  A  CIVIL
 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   § 2. This act shall take effect immediately.
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16112-03-0

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Senate Bill S8288

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Sponsored By

Kevin S. Parker