| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 05, 2022 | referred to judiciary |
| Feb 22, 2021 | print number 1987a |
| Feb 22, 2021 | amend (t) and recommit to judiciary |
| Jan 14, 2021 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A1987 - Details
A1987 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1987
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property law, in relation to judicial interpre-
tation of commercial leases regarding whether COVID-19 was an event
that could have been foreseen or guarded against
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-i to read as follows:
§ 235-I. UNFORESEEABLE EVENT: COVID-19. 1. IF A COURT AS A MATTER OF
LAW FINDS PERFORMANCE UNDER A COMMERCIAL LEASE CONTRACT IS FRUSTRATED OR
OBJECTIVELY IMPOSSIBLE, EITHER WHOLLY OR IN PART, AS A CONSEQUENCE OF
THE OUTBREAK OF NOVEL CORONAVIRUS, COVID-19, SUCH COURT SHALL FURTHER
HOLD THAT COVID-19 CONSTITUTES AN EVENT THAT COULD NOT HAVE BEEN FORE-
SEEN OR GUARDED AGAINST IN SUCH CONTRACT.
2. WHEN A PARTY CLAIMS THAT PERFORMANCE UNDER A COMMERCIAL LEASE HAS
BEEN FRUSTRATED OR MADE OBJECTIVELY IMPOSSIBLE, EITHER WHOLLY OR IN
PART, AS A CONSEQUENCE OF COVID-19, THE PARTIES TO SUCH CONTRACT SHALL
BE AFFORDED A REASONABLE OPPORTUNITY TO PRESENT EVIDENCE AS TO THE
EXTENT OF THE ALLEGED FRUSTRATION OF PURPOSE OR IMPOSSIBILITY, INCLUDING
BUT NOT LIMITED TO:
A. TENANT'S LOSS IN INCOME COMPARED TO SIMILAR TIME PERIODS;
B. PROHIBITIONS AND GUIDANCE FROM GOVERNMENTAL OR INDUSTRY AUTHORI-
TIES; AND
C. WHETHER THE TEMPORARY LOSS IN INCOME WAS OTHERWISE RECOVERED BY THE
TENANT.
THE COURT SHALL REVIEW ANY PRIVATE FINANCIAL DOCUMENTATION OFFERED AS
EVIDENCE PURSUANT TO THIS SUBDIVISION IN CAMERA TO THE EXTENT NECESSARY
TO PROTECT THE PRIVACY OF THE TENANT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02366-01-1
Co-Sponsors
Anna Kelles
A1987A (ACTIVE) - Details
A1987A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1987--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT providing that COVID-19 was an event that could not have been
foreseen or guarded against for the purposes of establishing the
impossibility of performance of a contract entered into prior to March
seventh, two thousand twenty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. For the purposes of establishing the impossibility of
performance of a contract entered into prior to March seventh, two thou-
sand twenty, the outbreak of novel coronavirus, COVID-19, shall be
considered an unanticipated event that could not have been foreseen or
guarded against in such contract.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02366-03-1