Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to judiciary returned to senate died in assembly |
Jun 09, 2021 | referred to judiciary delivered to assembly passed senate |
Jun 07, 2021 | ordered to third reading cal.1546 committee discharged and committed to rules |
Jun 03, 2021 | print number 5144b |
Jun 03, 2021 | amend and recommit to judiciary |
Apr 21, 2021 | print number 5144a |
Apr 21, 2021 | amend and recommit to judiciary |
Feb 25, 2021 | referred to judiciary |
senate Bill S5144B
Sponsored By
Michael Gianaris
(D, WF) 12th Senate District
Archive: Last 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
Votes
Bill Amendments
Co-Sponsors
Samra G. Brouk
(D, WF) 55th Senate District
Andrew Gounardes
(D) 26th Senate District
Robert Jackson
(D, WF) 31st Senate District
Zellnor Myrie
(D) 20th Senate District
S5144 - Details
- See Assembly Version of this Bill:
- A6539
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §235-i, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S168
S5144 - Sponsor Memo
BILL NUMBER: S5144 SPONSOR: GIANARIS TITLE OF BILL: An act to amend the real property law, in relation to personal liability provisions in certain commercial leases PURPOSE: The purpose of this bill is to relieve certain guarantors of commercial leases of the financial responsibilities to pay rent, utility expenses, or taxes owed by the tenant under such agreement, or fees and charges relating to routine building maintenance owed by the tenant under such agreement, throughout the COVID-19 crisis. SUMMARY OF PROVISIONS: Section one amends the real property law to add a new section 235-i that relieves certain guarantors of commercial leases of the financial responsibilities of paying rent, utility expenses, and taxes owed by the
S5144 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5144 2021-2022 Regular Sessions I N S E N A T E February 25, 2021 ___________ Introduced by Sens. GIANARIS, BROUK, GOUNARDES, JACKSON -- 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 personal liability provisions in certain commercial leases 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. PERSONAL LIABILITY PROVISIONS IN COMMERCIAL LEASES. 1. A PROVISION IN A COMMERCIAL LEASE OR OTHER RENTAL AGREEMENT INVOLVING REAL PROPERTY LOCATED WITHIN NEW YORK STATE THAT PROVIDES FOR ONE OR MORE NATURAL PERSONS WHO ARE NOT THE TENANT UNDER SUCH AGREEMENT TO BECOME, UPON THE OCCURRENCE OF A DEFAULT OR OTHER EVENT, WHOLLY OR PARTIALLY PERSONALLY LIABLE FOR PAYMENT OF RENT, UTILITY EXPENSES, OR TAXES OWED BY THE TENANT UNDER SUCH AGREEMENT, OR FEES AND CHARGES RELATING TO ROUTINE BUILDING MAINTENANCE OWED BY THE TENANT UNDER SUCH AGREEMENT, SHALL NOT BE ENFORCEABLE AGAINST SUCH NATURAL PERSONS IF THE CONDITIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE SATISFIED: (A) THE TENANT WAS: (I) REQUIRED TO CEASE SERVING PATRONS FOOD OR BEVERAGE FOR ON-PREMISES CONSUMPTION OR TO CEASE OPERATION UNDER EXECUTIVE ORDER NUMBER 202.3 ISSUED BY THE GOVERNOR ON MARCH SIXTEENTH, TWO THOUSAND TWENTY; (II) A NON-ESSENTIAL RETAIL ESTABLISHMENT SUBJECT TO IN-PERSON LIMITA- TIONS UNDER GUIDANCE ISSUED BY THE NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO EXECUTIVE ORDER NUMBER 202.6 ISSUED BY THE GOVERNOR ON MARCH EIGHTEENTH, TWO THOUSAND TWENTY; OR (III) REQUIRED TO CLOSE TO MEMBERS OF THE PUBLIC UNDER EXECUTIVE ORDER NUMBER 202.7 ISSUED BY THE GOVERNOR ON MARCH NINETEENTH, TWO THOUSAND TWENTY; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09802-01-1
Co-Sponsors
Samra G. Brouk
(D, WF) 55th Senate District
Andrew Gounardes
(D) 26th Senate District
Robert Jackson
(D, WF) 31st Senate District
Zellnor Myrie
(D) 20th Senate District
S5144A - Details
- See Assembly Version of this Bill:
- A6539
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §235-i, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S168
S5144A - Sponsor Memo
BILL NUMBER: S5144a SPONSOR: GIANARIS TITLE OF BILL: An act to amend the real property law, in relation to personal liability provisions in certain commercial leases PURPOSE: The purpose of this bill is to relieve certain guarantors of commercial leases of the financial responsibilities to pay rent, utility expenses, or taxes owed by the tenant under such agreement, or fees and charges relating to routine building maintenance owed by the tenant under such agreement, throughout the COVID-19 crisis. SUMMARY OF PROVISIONS: Section one amends the real property law to add a new section 235-i that relieves certain guarantors of commercial leases of the financial responsibilities of paying rent, utility expenses, and taxes owed by the
S5144A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5144--A 2021-2022 Regular Sessions I N S E N A T E February 25, 2021 ___________ Introduced by Sens. GIANARIS, BROUK, GOUNARDES, JACKSON, MYRIE -- 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 to amend the real property law, in relation to personal liability provisions in certain commercial leases 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. PERSONAL LIABILITY PROVISIONS IN COMMERCIAL LEASES. 1. A PROVISION IN A COMMERCIAL LEASE OR OTHER RENTAL AGREEMENT INVOLVING REAL PROPERTY LOCATED WITHIN NEW YORK STATE THAT PROVIDES FOR ONE OR MORE NATURAL PERSONS WHO ARE NOT THE TENANT UNDER SUCH AGREEMENT TO BECOME, UPON THE OCCURRENCE OF A DEFAULT OR OTHER EVENT, WHOLLY OR PARTIALLY PERSONALLY LIABLE FOR PAYMENT OF RENT, UTILITY EXPENSES, OR TAXES OWED BY THE TENANT UNDER SUCH AGREEMENT, OR FEES AND CHARGES RELATING TO ROUTINE BUILDING MAINTENANCE OWED BY THE TENANT UNDER SUCH AGREEMENT, SHALL NOT BE ENFORCEABLE AGAINST SUCH NATURAL PERSONS FOR THE PERIOD SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CONDITIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE SATISFIED: (A) THE TENANT WAS: (I) REQUIRED TO CEASE SERVING PATRONS FOOD OR BEVERAGE FOR ON-PREMISES CONSUMPTION OR TO CEASE OPERATION UNDER EXECUTIVE ORDER NUMBER 202.3 ISSUED BY THE GOVERNOR ON MARCH SIXTEENTH, TWO THOUSAND TWENTY; (II) A NON-ESSENTIAL BUSINESS SUBJECT TO IN-PERSON LIMITATIONS UNDER GUIDANCE ISSUED BY THE NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO EXECUTIVE ORDER NUMBER 202.6 ISSUED BY THE GOVERNOR ON MARCH EIGHTEENTH, TWO THOUSAND TWENTY; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09802-04-1
Co-Sponsors
Samra G. Brouk
(D, WF) 55th Senate District
Andrew Gounardes
(D) 26th Senate District
Robert Jackson
(D, WF) 31st Senate District
Zellnor Myrie
(D) 20th Senate District
S5144B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6539
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §235-i, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S168
S5144B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5144B SPONSOR: GIANARIS TITLE OF BILL: An act to amend the real property law, in relation to personal liability provisions in certain commercial leases PURPOSE: The purpose of this bill is to relieve certain guarantors of commercial leases of the financial responsibilities to pay rent, utility expenses, or taxes owed by the tenant under such agreement, or any other fees, charges, or payments owed by the tenant under such agreement, resulting from the COVID-19 crisis. SUMMARY OF PROVISIONS: Section one amends the real property law to add a new section 235-i that relieves certain guarantors of commercial leases of the financial responsibilities of paying rent, utility expenses, and taxes owed by the
S5144B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5144--B 2021-2022 Regular Sessions I N S E N A T E February 25, 2021 ___________ Introduced by Sens. GIANARIS, BROUK, GOUNARDES, JACKSON, MYRIE -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property law, in relation to personal liability provisions in certain commercial leases 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. PERSONAL LIABILITY PROVISIONS IN COMMERCIAL LEASES. A PROVISION IN A COMMERCIAL LEASE OR OTHER RENTAL AGREEMENT INVOLVING REAL PROPERTY LOCATED WITHIN NEW YORK STATE THAT PROVIDES FOR ONE OR MORE NATURAL PERSONS WHO ARE NOT THE TENANT UNDER SUCH AGREEMENT TO BECOME, UPON THE OCCURRENCE OF A DEFAULT OR OTHER EVENT, WHOLLY OR PARTIALLY PERSONALLY LIABLE FOR PAYMENT OF RENT, UTILITY EXPENSES, OR TAXES OWED BY THE TENANT UNDER SUCH AGREEMENT, OR ANY OTHER FEES, CHARGES OR PAYMENTS OWED BY THE TENANT UNDER SUCH AGREEMENT, SHALL NOT BE ENFORCEA- BLE AGAINST SUCH NATURAL PERSONS AT ANY POINT IF: (A) THE TENANT WAS: (I) REQUIRED TO CEASE SERVING PATRONS FOOD OR BEVERAGE FOR ON-PREMISES CONSUMPTION OR TO CEASE OPERATION UNDER EXECUTIVE ORDER NUMBER 202.3 ISSUED BY THE GOVERNOR ON MARCH SIXTEENTH, TWO THOUSAND TWENTY; (II) A NON-ESSENTIAL BUSINESS SUBJECT TO IN-PERSON LIMITATIONS UNDER GUIDANCE ISSUED BY THE NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO EXECUTIVE ORDER NUMBER 202.6 ISSUED BY THE GOVERNOR ON MARCH EIGHTEENTH, TWO THOUSAND TWENTY; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09802-06-1
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