senate Bill S40A

2021-2022 Legislative Session

Provides 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 7, 2020

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2021 print number 40a
Feb 08, 2021 amend (t) and recommit to judiciary
Jan 06, 2021 referred to judiciary

S40 - Details

See Assembly Version of this Bill:
A1987
Current Committee:
Senate Judiciary
Law Section:
Real Property
Versions Introduced in 2019-2020 Legislative Session:
S8359, A10423

S40 - Summary

Provides 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.

S40 - Sponsor Memo

S40 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    40
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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

S40A (ACTIVE) - Details

See Assembly Version of this Bill:
A1987
Current Committee:
Senate Judiciary
Law Section:
Real Property
Versions Introduced in 2019-2020 Legislative Session:
S8359, A10423

S40A (ACTIVE) - Summary

Provides 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.

S40A (ACTIVE) - Sponsor Memo

S40A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   40--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD02366-02-1


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