S T A T E O F N E W Y O R K
________________________________________________________________________
7364--A
2021-2022 Regular Sessions
I N A S S E M B L Y
May 6, 2021
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to requiring contracts for a commercial lease
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 22 of the administrative code of the city of New York
is amended by adding a new chapter 13 to read as follows:
CHAPTER 13
COMMERCIAL LEASE CONTRACTS
§ 22-1301 DEFINITIONS. AS USED IN THIS CHAPTER THE FOLLOWING TERMS
HAVE THE FOLLOWING MEANINGS:
1. "WRITTEN CONTRACT" MEANS A COMMERCIAL LEASE OR LEASE FOR THE
PURPOSES OF RENTING A COMMERCIAL PROPERTY, THAT SHALL BE PROVIDED TO A
COMMERCIAL TENANT AS AN OFFICIAL AGREEMENT ON CONTRACT TERMS.
2. "COMMERCIAL TENANT" MEANS A LESSEE OR ENTITY THAT IS ENTERING AN
AGREEMENT TO RENT AND LAWFULLY OCCUPY THE COMMERCIAL PROPERTY.
3. "COMMERCIAL LEASE" MEANS A WRITTEN CONTRACT PROVIDED ON PAPER OR
ELECTRONICALLY.
4. "COMMERCIAL PROPERTY" MEANS ANY NON-RESIDENTIAL REAL ESTATE PROPER-
TY THAT IS OWNED OR USED FOR BUSINESS PURPOSES.
5. "PROPERTY OWNER" MEANS A PERSON, LANDLORD, OWNER, OR ENTITY THAT
OWNS OR MANAGES A COMMERCIAL PROPERTY.
§ 22-1302 COMMERCIAL LEASE CONTRACT REQUIREMENTS. 1. A LANDLORD SHALL
PROVIDE A WRITTEN CONTRACT TO A COMMERCIAL TENANT. SUCH WRITTEN CONTRACT
MUST INCLUDE, BUT IS NOT LIMITED TO, THE:
A. ADDRESS OF THE PROPERTY AND A DESCRIPTION OF THE SPACE LEASED;
B. CONTACT INFORMATION FOR THE PROPERTY OWNER OR MANAGER AND THE
PRIMARY CONTACT OF THE BUSINESS, ALL CONTACTS PREFERRED BY THOSE PARTIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08123-05-1
A. 7364--A 2
SHOULD BE INCLUDED ON THE LEASE, WHICH SHALL NOT BE LIMITED TO ONLY ONE
CONTACT;
C. TERM OF THE LEASE, WITH THE DATE OF COMMENCEMENT AND DATE OF TERMI-
NATION OF SUCH TERM;
D. LEASE EXTENSION OR RENEWAL INFORMATION IF ANY RENEWAL OPTION IS
PROVIDED WITH THE DATE OR DATES ON WHICH SUCH EXTENSION OR RENEWAL ARE
EXERCISABLE;
E. MONTHLY RENT AND DUE DATE;
F. ANY TERMS THAT MAY RESULT IN TERMINATION OF THE WRITTEN CONTRACT OR
ADDITIONAL FEES AND CHARGES;
G. EXPLANATION OF ANY ADDITIONAL FEES OR CHARGES, IF ANY, SUCH AS
CONTRIBUTION TO PROPERTY TAXES, INSURANCE, MAINTENANCE, FACADE OR STRUC-
TURAL REPAIRS, OR UTILITIES, WHETHER THIS IS CONSECUTIVE OR A ONE-TIME
PAYMENT; AND
H. ALL THE RESPONSIBILITIES FOR THE COMMERCIAL TENANT AND THE LAND-
LORD, IF ANY.
2. COMMERCIAL TENANTS MAY REQUEST THAT THE START DATE OF TENANCY OR
OTHER RELEVANT INFORMATION TO PROVE OCCUPANCY AND DURATION THEREOF BE
INCLUDED OR EXCLUDED IN A WRITTEN CONTRACT.
3. COMMERCIAL TENANTS HAVE THE RIGHT TO, UPON REQUEST, RECEIVE ANY
INFORMATION LISTED UNDER SUBDIVISION ONE OF THIS SECTION.
4. COMMERCIAL TENANTS WHO DO NOT RECEIVE A WRITTEN CONTRACT INCLUDING
ITEMS REQUIRED BY THIS SECTION SHALL BE LEGALLY ALLOWED TO:
A. CONTINUE THEIR TENANCY UNTIL THE CONTRACT IS PROVIDED;
B. WITHHOLD RENT PAYMENT AFTER THIRTY DAYS WITHOUT A CONTRACT; AND
C. SUSPEND PAYMENT ON THE SIXTY-FIRST DAY WITHOUT A LEASE. PROPERTY
OWNERS WHO DO NOT PROVIDED A LEASE WITHIN SIXTY DAYS FORFEIT THE
PAYMENTS FOR THAT TIME PERIOD PRIOR AND UNTIL THE ISSUANCE OF THE LEASE.
§ 2. This act shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on or after such
effective date.