Prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy.
STATE OF NEW YORK
________________________________________________________________________
10414
IN ASSEMBLY
April 19, 2018
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property law, in relation to prohibiting leases
from including a waiver of the right to a declaratory judgment action
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 235-h to read as follows:
3 § 235-h. Waiver of right to bring a declaratory judgment action. No
4 commercial lease shall contain any provision waiving or prohibiting the
5 right of any tenant to bring a declaratory judgment action with respect
6 to any provision, term or condition of such commercial lease. The inclu-
7 sion of any such waiver provision in a commercial lease shall be null
8 and void as against public policy.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15330-03-8