senate Bill S1129

2021-2022 Legislative Session

Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease

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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 07, 2021 referred to judiciary

S1129 (ACTIVE) - Details

See Assembly Version of this Bill:
A6906
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-e, RP L
Versions Introduced in 2019-2020 Legislative Session:
S7053, A8482

S1129 (ACTIVE) - Summary

Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease.

S1129 (ACTIVE) - Sponsor Memo

S1129 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1129
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  requiring  land-
   lords  to  mitigate damages when commercial tenants vacate premises in
   violation of the terms of the lease

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 227-e of the real property law, as added by section
 4  of  part  M  of chapter 36 of the laws of 2019, is amended to read as
 follows:
   § 227-e. Landlord duty to mitigate damages. In  any  lease  or  rental
 agreement,  excluding any real estate purchase contract defined in para-
 graphs (a), (c) and (d) of subdivision  four  of  section  four  hundred
 sixty-one  of  this  chapter,  [covering  premises occupied for dwelling
 purposes,] if a tenant vacates a premises in violation of the  terms  of
 the  lease, the landlord shall, in good faith and according to the land-
 lord's resources and abilities, take reasonable and customary actions to
 rent the premises at fair market value or at the rate agreed  to  during
 the  term  of the tenancy, whichever is lower. If the landlord rents the
 premises at fair market value or at the rate agreed to during  the  term
 of  the tenancy, the new tenant's lease shall, once in effect, terminate
 the previous tenant's lease and mitigate damages  otherwise  recoverable
 against  the previous tenant because of such tenant's vacating the prem-
 ises. The burden of proof shall be  on  the  party  seeking  to  recover
 damages.  Any  provision  in  a  lease that exempts a landlord's duty to
 mitigate damages under this section shall be void as contrary to  public
 policy.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02398-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.