senate Bill S5614

Signed By Governor
2019-2020 Legislative Session

Prohibits commercial leases from including a waiver of the right to a declaratory judgment action

download bill text pdf

Sponsored By

Current Bill Status Via A2554 - Signed by Governor


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 20, 2019 signed chap.689
Dec 10, 2019 delivered to governor
Jun 13, 2019 returned to assembly
passed senate
3rd reading cal.1346
substituted for s5614
Jun 13, 2019 substituted by a2554
ordered to third reading cal.1346
committee discharged and committed to rules
May 09, 2019 referred to judiciary

S5614 (ACTIVE) - Details

See Assembly Version of this Bill:
A2554
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in 2017-2018 Legislative Session:
A10414

S5614 (ACTIVE) - Summary

Prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy.

S5614 (ACTIVE) - Sponsor Memo

S5614 (ACTIVE) - Bill Text download pdf


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

                                  5614

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 9, 2019
                               ___________

Introduced  by  Sen.  LIU  --  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 prohibiting leases
  from including a waiver of the right to a declaratory judgment action

  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-h to read as follows:
  § 235-H. WAIVER OF RIGHT TO BRING A DECLARATORY  JUDGMENT  ACTION.  NO
COMMERCIAL  LEASE SHALL CONTAIN ANY PROVISION WAIVING OR PROHIBITING THE
RIGHT OF ANY TENANT TO BRING A DECLARATORY JUDGMENT ACTION WITH  RESPECT
TO ANY PROVISION, TERM OR CONDITION OF SUCH COMMERCIAL LEASE. THE INCLU-
SION  OF  ANY  SUCH WAIVER PROVISION IN A COMMERCIAL LEASE SHALL BE NULL
AND VOID AS AGAINST 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.
                                                           LBD01655-01-9

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