senate Bill S8359

2019-2020 Legislative Session

Relates to judicial interpretation of commercial leases regarding whether COVID-19 was an event that could have been foreseen or guarded against

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2020 referred to judiciary

S8359 (ACTIVE) - Details

See Assembly Version of this Bill:
A10423
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-i, RP L

S8359 (ACTIVE) - Summary

Provides that COVID-19 constitutes an event that could not have been foreseen or guarded against in a commercial lease contract where such contract is frustrated or objectively impossible, either wholly or in part, as a consequence of the outbreak of novel coronavirus, COVID-19.

S8359 (ACTIVE) - Sponsor Memo

S8359 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8359

                            I N  S E N A T E

                              May 19, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to judicial interpre-
  tation of commercial leases regarding whether COVID-19  was  an  event
  that could have been foreseen or guarded against

  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-i to read as follows:
  §  235-I.  UNFORESEEABLE EVENT: COVID-19. 1. IF A COURT AS A MATTER OF
LAW FINDS PERFORMANCE UNDER A COMMERCIAL LEASE CONTRACT IS FRUSTRATED OR
OBJECTIVELY IMPOSSIBLE, EITHER WHOLLY OR IN PART, AS  A  CONSEQUENCE  OF
THE  OUTBREAK  OF  NOVEL CORONAVIRUS, COVID-19, SUCH COURT SHALL FURTHER
HOLD THAT COVID-19 CONSTITUTES AN EVENT THAT COULD NOT HAVE  BEEN  FORE-
SEEN OR GUARDED AGAINST IN SUCH CONTRACT.
  2.  WHEN  A PARTY CLAIMS THAT PERFORMANCE UNDER A COMMERCIAL LEASE HAS
BEEN FRUSTRATED OR MADE OBJECTIVELY  IMPOSSIBLE,  EITHER  WHOLLY  OR  IN
PART,  AS  A CONSEQUENCE OF COVID-19, THE PARTIES TO SUCH CONTRACT SHALL
BE AFFORDED A REASONABLE OPPORTUNITY  TO  PRESENT  EVIDENCE  AS  TO  THE
EXTENT OF THE ALLEGED FRUSTRATION OF PURPOSE OR IMPOSSIBILITY, INCLUDING
BUT NOT LIMITED TO:
  A. TENANT'S LOSS IN INCOME COMPARED TO SIMILAR TIME PERIODS;
  B.  PROHIBITIONS  AND  GUIDANCE FROM GOVERNMENTAL OR INDUSTRY AUTHORI-
TIES; AND
  C. WHETHER THE TEMPORARY LOSS IN INCOME WAS OTHERWISE RECOVERED BY THE
TENANT.
  THE COURT SHALL REVIEW ANY PRIVATE FINANCIAL DOCUMENTATION OFFERED  AS
EVIDENCE  PURSUANT TO THIS SUBDIVISION IN CAMERA TO THE EXTENT NECESSARY
TO PROTECT THE PRIVACY OF THE TENANT.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16262-01-0

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