|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 31, 2020||referred to rules|
senate Bill S8865
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8865 (ACTIVE) - Details
S8865 (ACTIVE) - Summary
Relates to suspending rent payments for certain tenants due to the state of emergency declared by Executive Order No. 202, where they have lost earned income or were forced to close their place of business; requires landlords to accept 20 percent or one-third of contractual rent each month; requires the superintendent of the department of financial services to establish and implement an interim commercial rent relief program to support covered tenants and landlords impacted by the COVID-19 pandemic.
S8865 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8865 SPONSOR: HOYLMAN TITLE OF BILL: An act to suspend rent payments for certain tenants in response to the outbreak of coronavirus SUMMARY OF PROVISIONS: Section 1 of the bill defines the terms used throughout the act. Section 2 of the bill establishes that covered tenants (not-for-profits and small businesses with 25 or fewer employees) that have been forced to close or whose business activities have been substantially curtailed resulting in a loss of income as a result of government-ordered COVID-related restrictions are responsible for rent payments up to 20 percent of their income or one third of their contrac- tual rent, whichever is less. This section of the bill also prescribes the system by which such payments may be authorized, and establishes that payments made pursuant to the act may be raised as a defense to a
S8865 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8865 I N S E N A T E July 31, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to suspend rent payments for certain tenants 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. For the purposes of this act: (a) "actual income" means for a not-for-profit corporation employing twenty-five or less full-time employees or full-time equivalent employ- ees or for a small business incorporated and resident in this state, independently owned and operated, not dominant in its field, and employs twenty-five or less full-time employees or full-time equivalent employ- ees, all revenue, including emergency federal, state or local assist- ance, or any other form of income that may be used to pay rent, but excluding restricted grants; (b) "landlord" means the person or entity to whom a covered tenant owes rent; (c) "rent" means the amount charged in consideration for the use and occupancy of real property pursuant to a written or oral rental agree- ment or statute; (d) "state of emergency" means the state of emergency declared by executive order 202 that began on March 7, 2020 and any further amend- ments or modifications, and as may be further extended pursuant to section 28 of the executive law; (e) "covered tenant" includes a tenant that is a not-for-profit corpo- ration employing twenty-five or less full-time employees or full-time equivalent employees, or a tenant that is a small business incorporated and resident in this state, independently owned and operated, not domi- nant in its field, and employs twenty-five or less full-time employees or full-time equivalent employees; and (f) "covered period" means March 7, 2020 until the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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