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

Archive: Last Bill Status Via A2554 - Signed by Governor


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2019-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

2019-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.

2019-S5614 (ACTIVE) - Sponsor Memo

2019-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



              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.