A07364 Summary:

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:

05/06/2021referred to judiciary
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A07364 Committee Votes:

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A07364 Floor Votes:

There are no votes for this bill in this legislative session.
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A07364 Text:

                STATE OF NEW YORK
                               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
        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
    24  should  be included on the lease, which shall not be limited to only one
    25  contact;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

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