|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 07, 2021||referred to judiciary|
senate Bill S1129
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1129 (ACTIVE) - Details
S1129 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1129 SPONSOR: LIU TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Amends the real property law to include commercial landlords in the section of the real property law requiring that landlords mitigate damages when tenants vacate premises before the expiration date of a lease. SUMMARY OF PROVISIONS: Section 1 amends section 227-e of the real property law, as added by section 4 of part M of chapter 36 of the laws of 2019 to include commer- cial leases in the law.
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
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