Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 22, 2020 | referred to rules delivered to senate passed assembly |
Jul 20, 2020 | ordered to third reading rules cal.180 rules report cal.180 reported |
Jul 14, 2020 | reported referred to rules |
Jan 08, 2020 | referred to judiciary |
Aug 07, 2019 | referred to judiciary |
Archive: Last Bill Status - Passed Assembly
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
Thomas Abinanti
Jo Anne Simon
Rebecca Seawright
Albert A. Stirpe
A8482 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7053
- Current Committee:
- Senate Rules
- Law Section:
- Real Property Law
- Laws Affected:
- Amd §227-e, RP L
- Versions Introduced in 2021-2022 Legislative Session:
-
A6906, S1129
A8482 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8482 2019-2020 Regular Sessions I N A S S E M B L Y August 7, 2019 ___________ Introduced by M. of A. OTIS -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring land- lords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 227-e of the real property law, as added by section 4 of part M of chapter 36 of the laws of 2019, is amended to read as follows: § 227-e. Landlord duty to mitigate damages. In any lease or rental agreement, excluding any real estate purchase contract defined in para- graphs (a), (c) and (d) of subdivision four of section four hundred sixty-one of this chapter, [covering premises occupied for dwelling purposes,] if a tenant vacates a premises in violation of the terms of the lease, the landlord shall, in good faith and according to the land- lord's resources and abilities, take reasonable and customary actions to rent the premises at fair market value or at the rate agreed to during the term of the tenancy, whichever is lower. If the landlord rents the premises at fair market value or at the rate agreed to during the term of the tenancy, the new tenant's lease shall, once in effect, terminate the previous tenant's lease and mitigate damages otherwise recoverable against the previous tenant because of such tenant's vacating the prem- ises. The burden of proof shall be on the party seeking to recover damages. Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13512-01-9