A10315 Summary:

COSPNSRFrontus, Barron, De La Rosa
Add Title 22 Chapter 12 §§22-1201 - 22-1206, NYC Ad Cd
Prohibits the eviction of small commercial tenants in the city of New York without good cause.
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A10315 Actions:

04/22/2020referred to judiciary
10/07/2020amend (t) and recommit to judiciary
10/07/2020print number 10315a
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A10315 Committee Votes:

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A10315 Floor Votes:

There are no votes for this bill in this legislative session.
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A10315 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 22, 2020
        Introduced by M. of A. EPSTEIN, FRONTUS, BARRON, DE LA ROSA -- read once
          and  referred  to  the Committee on Judiciary -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to prohibiting the eviction of small  commercial  tenants  in
          the city of New York without good cause
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the  "Stop  The
     2  Outrageous Retail Evictions Act" or the "STORE Act".
     3    §  2.  Title  22 of the administrative code of the city of New York is
     4  amended by adding a new chapter 12 to read as follows:
     5                                 CHAPTER 12
     7    § 22-1201 Definitions. As used in this chapter,  the  following  terms
     8  shall have the following meanings:
     9    1.  "Landlord"  shall  mean any owner, lessor, sublessor, assignor, or
    10  other person receiving or entitled to receive rent for the occupancy  of
    11  any small commercial premises, or an agent of any of the foregoing.
    12    2.  "Rent"  shall mean any consideration, including any bonus, benefit
    13  or gratuity demanded or received by a landlord for or in connection with
    14  the possession, use or occupancy of a small commercial premises  or  the
    15  execution or transfer of a lease for such small commercial premises.
    16    3.  "Small commercial premises" shall mean a premises that is occupied
    17  or used, or could be occupied or used, for the purpose  of  offering  or
    18  selling goods at retail and has no more than one thousand square feet of
    19  retail space.
    20    4.  "Tenant"  shall mean a person or entity lawfully occupying a small
    21  commercial premises pursuant to a lease or other rental agreement.
    22    § 22-1202 Scope. This chapter shall apply only to all small commercial
    23  premises in the city of New York.
    24    § 22-1203 Necessity for good cause. No landlord shall,  by  action  to
    25  evict or to recover possession, by exclusion from possession, by failure
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10315--A                         2
     1  to  renew  any  lease,  or  otherwise,  remove any tenant from any small
     2  commercial premises covered by this chapter except for good cause pursu-
     3  ant to section 22-1204 of this chapter.
     4    §  22-1204 Grounds for removal of tenants. 1. No landlord shall remove
     5  a tenant from any small commercial premises, or attempt such removal  or
     6  exclusion  from possession, notwithstanding that the tenant has no writ-
     7  ten lease or that the lease or other rental  agreement  has  expired  or
     8  otherwise  terminated,  except upon order of a court of competent juris-
     9  diction entered in an appropriate judicial action or proceeding in which
    10  the petitioner or plaintiff has established one of the following grounds
    11  as good cause for removal or eviction:
    12    (a) The tenant has failed to pay rent due and owing, provided that the
    13  rent due and owing, or any part thereof, is not the result of:
    14    (i) a rent increase which is unconscionable or imposed for the purpose
    15  of circumventing the intent of this chapter. In determining whether  all
    16  or  part  of  the  rent due and owing is the result of an unconscionable
    17  rent increase, it shall be a rebuttable presumption that the rent for  a
    18  small  commercial  premises  is  unconscionable  if  said  rent has been
    19  increased in any calendar year by a percentage exceeding  one  and  one-
    20  half  times the annual percentage change in the Consumer Price Index for
    21  the city of New York, as established in the August preceding the  calen-
    22  dar year in question; or
    23    (ii)  the  withholding  of  rental  payments  by the tenant due to the
    24  alleged violations of the lease or rental agreement by the landlord.
    25    (b) The tenant is violating a substantial obligation  of  his  or  her
    26  tenancy,  other  than  the  obligation  to surrender possession, and has
    27  failed to cure such  violation  within  thirty  days  following  written
    28  notice to cure the violation by the landlord, provided however, that the
    29  obligation  of  tenancy for which a violation is claimed was not imposed
    30  for the purpose of circumventing the intent of this chapter.
    31    (c) The tenant is committing or permitting a  nuisance  in  the  small
    32  commercial premises, or is maliciously or by reason of negligence damag-
    33  ing the small commercial premises; or the tenant's conduct is such as to
    34  interfere  with the comfort of other tenants or occupants of the same or
    35  adjacent buildings or structures.
    36    (d) Occupancy of the small commercial premises by  the  tenant  is  in
    37  violation of or causes a violation of law and the landlord is subject to
    38  civil or criminal penalties therefor; provided however that an agency of
    39  the  state  or  municipality  having  jurisdiction  has  issued an order
    40  requiring the tenant to vacate the small commercial premises.  No tenant
    41  shall be removed from possession of a small commercial premises on  such
    42  ground  unless  the  court  finds  that the cure of the violation of law
    43  requires the removal of the tenant and that the landlord did not through
    44  neglect or deliberate action or failure  to  act  create  the  condition
    45  necessitating the vacate order. In instances where the landlord does not
    46  undertake  to  cure  conditions of the small commercial premises causing
    47  such violation of the law, the tenant shall have the  right  to  pay  or
    48  secure  payment  in  a  manner  satisfactory  to the court, to cure such
    49  violation provided that any tenant expenditures shall be applied against
    50  rent to which the landlord is entitled. In instances where removal of  a
    51  tenant  is  absolutely  essential to the tenant's health and safety, the
    52  removal of the tenant shall be without prejudice to any leasehold inter-
    53  est or other right of occupancy the tenant may have and the tenant shall
    54  be entitled to resume possession at such time as  the  dangerous  condi-
    55  tions  have  been  removed.   Nothing herein shall abrogate or otherwise
    56  limit the right of a tenant to bring  an  action  for  monetary  damages

        A. 10315--A                         3
     1  against  the  landlord  to  compel  compliance  by the landlord with all
     2  applicable state or municipal laws or housing codes.
     3    (e) The tenant conducts or permits any form of illegal activity on the
     4  premises.
     5    (f)  The  tenant  has  unreasonably refused the landlord access to the
     6  small commercial premises for the purpose of making necessary repairs or
     7  improvements required by law or for the purpose  of  showing  the  small
     8  commercial  premises  to  a  prospective  purchaser,  mortgagee or other
     9  person having a legitimate interest therein.
    10    (g) The current tenancy was created by the  subletting  of  the  small
    11  commercial  premises,  whereby the prime tenant did not notify the land-
    12  lord of the subtenant's existence and did not obtain the written consent
    13  of the landlord to sublet the small commercial premises. This ground  is
    14  void  if  the  landlord  and  tenant  had  agreed  in the lease to allow
    15  subleasing rights without the consent of  the  landlord  and  all  obli-
    16  gations of the prime tenant on the issue were in compliance.
    17    (h)  It  has been determined by an agency of the state or municipality
    18  having jurisdiction or by a civil court of competent  jurisdiction  that
    19  the tenant is a gross and persistent violator of New York city tax laws,
    20  of  any  license  obligations related to the use of the small commercial
    21  premises or of any laws of the city of New York.
    22    (i) Upon the termination of the current tenancy, the landlord intends,
    23  in good faith,  to  demolish  or  substantially  reconstruct  the  small
    24  commercial  premises  or  a  substantial  part  thereof, or to carry out
    25  substantial work or construction on the commercial premises or  substan-
    26  tial  part  thereof  which  he  or  she  could not reasonably do without
    27  obtaining possession of the  small  commercial  premises.  The  landlord
    28  shall  notify  the tenant of his or her decision to reoccupy the commer-
    29  cial premises at least one year prior to the termination of the tenant's
    30  current lease or rental agreement.
    31    (j) Upon the termination of the current tenancy, the landlord  intends
    32  to occupy the small commercial premises in order to carry out his or her
    33  own business, which cannot be the same type of business that the current
    34  tenant  is operating, unless the landlord compensates the tenant at fair
    35  market value as determined by an arbitrator as restitution for the  loss
    36  of  such  tenant's business. The landlord shall notify the tenant of his
    37  or her decision to reoccupy the premises at  least  one  hundred  eighty
    38  days prior to the termination of the tenant's current lease.
    39    2.  A  tenant  required  to  surrender  a small commercial premises by
    40  virtue of the operation of paragraph (i) or (j) of  subdivision  one  of
    41  this  section  shall  have  a  cause of action in any court of competent
    42  jurisdiction for damages and declaratory and injunctive relief against a
    43  landlord or purchaser of the premises who makes a  fraudulent  statement
    44  regarding  a  proposed  use of the premises. In any action or proceeding
    45  brought pursuant to this provision a prevailing tenant shall be entitled
    46  to recovery of actual damages, and reasonable attorneys' fees.
    47    § 22-1205 Preservation of existing  requirements  of  law.  No  action
    48  shall be maintainable and no judgment of possession shall be entered for
    49  small  commercial  premises pursuant to section 22-1204 of this chapter,
    50  unless the landlord has  complied  with  any  and  all  applicable  laws
    51  governing such action or proceeding.
    52    §  22-1206 Waiver of rights void. Any agreement by a tenant heretofore
    53  or hereinafter entered into in a written lease or other rental agreement
    54  waiving or modifying his or her rights as  set  forth  in  this  chapter
    55  shall be void as contrary to public policy.

        A. 10315--A                         4
     1    § 3. Severability. If any provision of this act, or any application of
     2  any  provision of this act, is held to be invalid, that shall not affect
     3  the validity and effectiveness of any other provision of this act, or of
     4  any other application of any provision of this act, which can  be  given
     5  effect  without  that  provision  or  application;  and to that end, the
     6  provisions and applications of this act are severable.
     7    § 4. This act shall take effect immediately and shall apply to actions
     8  and proceedings commenced on or after such effective date.
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