| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 29, 2026 |
print number 421a |
| May 29, 2026 |
amend and recommit to judiciary |
| Jan 07, 2026 |
referred to judiciary |
| Jan 08, 2025 |
referred to judiciary |
Senate Bill S421A
2025-2026 Legislative Session
Sponsored By
(D) 16th Senate District
Current Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
2025-S421 - Details
2025-S421 - Sponsor Memo
BILL NUMBER: S421
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.
2025-S421 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
421
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
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.
LBD01676-01-5
2025-S421A (ACTIVE) - Details
2025-S421A (ACTIVE) - Sponsor Memo
BILL NUMBER: S421A
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.
2025-S421A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
421--A
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. LIU -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- recommitted
to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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. 1. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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