The New York State Senate

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

                                10224--A

                          I N  A S S E M B L Y

                             March 24, 2020
                               ___________

Introduced by M. of A. NIOU, EPSTEIN, DenDEKKER, SIMOTAS, TAYLOR, GLICK,
  HEVESI,  REYES, FRONTUS, L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  suspend  rent  payments for certain residential tenants and
  small business commercial tenants  and  to  suspend  certain  mortgage
  payments for ninety days in response to the outbreak of coronavirus

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. (a) Notwithstanding any other provision  of  law,  rule  or
regulation  to  the  contrary,  any residential tenant or small business
commercial tenant in the state that has lost income or has  been  forced
to  close  their  place  of  business  as a result of government ordered
restrictions in response to the outbreak  of  coronavirus  disease  2019
(COVID-19),  shall  have  all  rent  payments  suspended for ninety days
following the effective date of this act.  Such  residential  tenant  or
small  business  commercial tenant shall not and shall never be required
to pay any rent waived during  such  time  period.    Every  residential
tenant  or  small  business commercial tenant whose lease expires during
this time period shall be subject to an automatic renewal lease  at  the
current  rent  charged.  Late  fees  shall  not  be collectable for rent
accrued during this time period.
  (b) (i) Any person or entity who  faces  a  financial  hardship  as  a
result  of  being  deprived  rent payments for property pursuant to this
section shall receive forgiveness on  any  mortgage  payments  for  such
property for ninety days, in an amount determined by the following frac-
tion  multiplied by such mortgage payment, up to the total dollar amount
of lost rent:
  (A) The numerator shall be the total amount of rent payments suspended
for his or her tenants over the ninety  day  period  laid  out  in  this
section; and
  (B)  The  denominator shall be the total amount of rent payments typi-
cally owed for such entire property over the ninety day period laid  out
in this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16024-17-0

A. 10224--A                         2

  (ii)  Any person or entity qualifying for mortgage payment forgiveness
under this subdivision shall not and shall never be required to pay  any
mortgage waived during such time period.
  §  2. For the purposes of this act, the following terms shall have the
following meanings:
  (a) "Residential tenant" shall have the same meaning as paragraph  (a)
of  subdivision  1  of section 235-f of the real property law, those who
otherwise pay for the use and occupancy of a  residential  dwelling,  or
occupants  as defined by paragraph (b) of subdivision 1 of section 235-f
of the real property law.
  (b) "Commercial tenant" shall mean a person or entity lawfully occupy-
ing a covered property pursuant to a lease or other rental agreement.
  (c) "Covered property" shall mean any building or portion of a  build-
ing:
  i.  that  is  lawfully used for buying, selling or otherwise providing
goods or services, or for other lawful business, commercial  or  profes-
sional services, or manufacturing activities; and
  ii.  for  which a certificate of occupancy authorizing residential use
of such building or such portion of a building has not been issued.
  (d) "Small business" shall have the same meaning as section 131 of the
economic development law.
  § 3. This act shall take effect immediately.