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Senate Bill S8288

2019-2020 Legislative Session

Prohibits the charging of certain membership fees or rent for coworking spaces or shared workspaces during a state disaster emergency

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2019-S8288 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-vv, Gen Bus L

2019-S8288 (ACTIVE) - Summary

Prohibits the charging of membership fees or rent for any coworking space or shared workspace during a state disaster emergency including when a consumer can demonstrate a financial hardship.

2019-S8288 (ACTIVE) - Sponsor Memo

2019-S8288 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8288
 
                             I N  S E N A T E
 
                                May 6, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   charging of certain membership fees or rent for  coworking  spaces  or
   shared workspaces during a state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-vv to read as follows:
   § 399-VV. PROHIBITION OF CERTAIN MEMBERSHIP FEE OR RENT CHARGES.    1.
 DURING A STATE DISASTER EMERGENCY, DECLARED PURSUANT TO ARTICLE TWO-B OF
 THE  EXECUTIVE  LAW, NO PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION OR
 OTHER BUSINESS ENTITY SHALL CHARGE A CONSUMER ANY CONTRACTED  MEMBERSHIP
 FEE  OR  RENT  FOR  ANY COWORKING SPACE OR SHARED WORKSPACE WHEN, DUE TO
 SUCH STATE DISASTER EMERGENCY:
   (A) THE USE OF SUCH COWORKING SPACE OR SHARED WORKPLACE:
   (I) HAS CEASED, PARTIALLY OR FULLY;
   (II) HAS BEEN RENDERED IMPOSSIBLE, ILLEGAL OR IMPRACTICAL; OR
   (III) THE NON-USE OF SUCH COWORKING SPACE OR SHARED WORKSPACE, OR  THE
 NON-RENDERING  OR  THE  NON-USE OF A CONTRACTED SERVICE RELATED THERETO,
 HAS FRUSTRATED THE PURPOSE OF THE CONTRACT; OR
   (B) A CONSUMER WOULD EXPERIENCE AND DEMONSTRATES FINANCIAL HARDSHIP IF
 HE OR SHE WERE TO PAY SUCH MEMBERSHIP FEE OR RENT.
   2. EVERY VIOLATION OF THIS SECTION SHALL  BE  PUNISHABLE  BY  A  CIVIL
 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   § 2. This act shall take effect immediately.
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16112-03-0

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