|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to cities 1|
|Jan 27, 2021||referred to cities 1|
senate Bill S3133
Archive: Last Bill Status - In Senate Committee Cities 1 Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3133 (ACTIVE) - Details
S3133 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3133 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to commercial rent protections PURPOSE: To ensure that commercial tenants in New York City have access to the courts to seek declaratory judgment relief when their landlord asserts they've defaulted notwithstanding any lease provisions that purport to waive the right to seek such relief. SUMMARY OF PROVISIONS: Section one of the bill amends Title 22 of the administrative code of the city of New York by adding a new chapter 12 regarding commercial tenancies.
S3133 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3133 2021-2022 Regular Sessions I N S E N A T E January 27, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the administrative code of the city of New York, in relation to commercial rent protections 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 12 to read as follows: CHAPTER 12 COMMERCIAL TENANCIES § 22-1201 DEFINITIONS. A. "COMMERCIAL PREMISES" SHALL MEAN A BUILDING OR SPACE OCCUPIED FOR NON-RESIDENTIAL PURPOSES INCLUDING, BUT NOT LIMIT- ED TO, MANUFACTURING, RETAIL, PROFESSIONAL SERVICES, OFFICES, ASSEMBL- ING, PROCESSING, CULTURAL AND NOT-FOR-PROFIT ENTITIES THAT ARE PRESENT IN THE CITY OF NEW YORK, WHO HAVE A VALID COMMERCIAL LEASE. B. "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR OR OTHER PERSON ENTITLED TO RECEIVE RENT FOR THE USE OR OCCUPANCY OF ANY COMMERCIAL PREMISES, OR AN AGENT THEREOF. C. "RENT" SHALL MEAN ANY AND ALL CONSIDERATION, INCLUDING BUT NOT LIMITED TO PASS-ALONGS, RECEIVED BY THE LANDLORD IN CONNECTION WITH THE USE OR OCCUPANCY OF ANY COMMERCIAL PREMISES. D. "TENANT" SHALL MEAN TENANT, SUBTENANT, LESSEE, SUBLESSEE, OR ANY OTHER PERSONS LAWFULLY ENTITLED TO USE OR OCCUPANCY OF ANY COMMERCIAL PREMISES. § 22-1203 COMMERCIAL RENT REQUIREMENTS. A. THE RENT FOR ANY COMMERCIAL PREMISES SHALL NOT BE INCREASED BY THE LANDLORD DURING THE TERM OF THE LEASE, WITHOUT THE WRITTEN CONSENT OF THE TENANT, FOR ANY REASON WITHOUT A DETERMINATION BY AN ARBITRATOR THAT SUCH RENT INCREASE IS NOT FRAUDU- LENT AND IS NOT ABOVE THE FAIR MARKET VALUE OF THE COMMERCIAL PREMISES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.