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A07364 Summary:

BILL NOA07364A
 
SAME ASSAME AS S04257-B
 
SPONSORAnderson
 
COSPNSR
 
MLTSPNSR
 
Add Title 22 Chap 13 22-1301 & 22-1302, NYC Ad Cd
 
Ensures that commercial tenants receive a lease; defines terms within leases; establishes requirements for commercial lease contracts.
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A07364 Actions:

BILL NOA07364A
 
05/06/2021referred to judiciary
10/27/2021amend and recommit to judiciary
10/27/2021print number 7364a
01/05/2022referred to judiciary
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A07364 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7364--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2021
                                       ___________
 
        Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
          tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to requiring contracts for a commercial lease

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Title 22 of the administrative code of the city of New York
     2  is amended by adding a new chapter 13 to read as follows:
     3                                  CHAPTER 13
     4                         COMMERCIAL LEASE CONTRACTS
     5    § 22-1301 Definitions. As used in this  chapter  the  following  terms
     6  have the following meanings:
     7    1.  "Written  contract"  means  a  commercial  lease  or lease for the
     8  purposes of renting a commercial property, that shall be provided  to  a
     9  commercial tenant as an official agreement on contract terms.
    10    2.  "Commercial  tenant"  means a lessee or entity that is entering an
    11  agreement to rent and lawfully occupy the commercial property.
    12    3. "Commercial lease" means a written contract provided  on  paper  or
    13  electronically.
    14    4. "Commercial property" means any non-residential real estate proper-
    15  ty that is owned or used for business purposes.
    16    5.  "Property  owner"  means a person, landlord, owner, or entity that
    17  owns or manages a commercial property.
    18    § 22-1302 Commercial lease contract requirements. 1. A landlord  shall
    19  provide a written contract to a commercial tenant. Such written contract
    20  must include, but is not limited to, the:
    21    a. address of the property and a description of the space leased;
    22    b.  contact  information  for  the  property  owner or manager and the
    23  primary contact of the business, all contacts preferred by those parties
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08123-05-1

        A. 7364--A                          2
 
     1  should be included on the lease, which shall not be limited to only  one
     2  contact;
     3    c. term of the lease, with the date of commencement and date of termi-
     4  nation of such term;
     5    d.  lease  extension  or  renewal information if any renewal option is
     6  provided with the date or dates on which such extension or  renewal  are
     7  exercisable;
     8    e. monthly rent and due date;
     9    f. any terms that may result in termination of the written contract or
    10  additional fees and charges;
    11    g.  explanation  of  any  additional  fees or charges, if any, such as
    12  contribution to property taxes, insurance, maintenance, facade or struc-
    13  tural repairs, or utilities, whether this is consecutive or  a  one-time
    14  payment; and
    15    h.  all  the  responsibilities for the commercial tenant and the land-
    16  lord, if any.
    17    2. Commercial tenants may request that the start date  of  tenancy  or
    18  other  relevant  information  to prove occupancy and duration thereof be
    19  included or excluded in a written contract.
    20    3. Commercial tenants have the right to,  upon  request,  receive  any
    21  information listed under subdivision one of this section.
    22    4.  Commercial tenants who do not receive a written contract including
    23  items required by this section shall be legally allowed to:
    24    a. continue their tenancy until the contract is provided;
    25    b. withhold rent payment after thirty days without a contract; and
    26    c. suspend payment on the sixty-first day without  a  lease.  Property
    27  owners  who  do  not  provided  a  lease  within  sixty days forfeit the
    28  payments for that time period prior and until the issuance of the lease.
    29    § 2. This act shall take effect immediately and  shall  apply  to  all
    30  contracts  entered  into,  renewed, modified or amended on or after such
    31  effective date.
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