S02950 Summary:

BILL NOS02950
 
SAME ASNo Same As
 
SPONSORRIVERA
 
COSPNSRJACKSON, SEPULVEDA
 
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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S02950 Actions:

BILL NOS02950
 
01/26/2023REFERRED TO CITIES 1
01/03/2024REFERRED TO CITIES 1
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S02950 Committee Votes:

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S02950 Floor Votes:

There are no votes for this bill in this legislative session.
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S02950 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2950
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 26, 2023
                                       ___________
 
        Introduced by Sens. RIVERA, JACKSON, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Cities 1
 
        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.
                                                                   LBD01764-01-3

        S. 2950                             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 and  shall  apply  to  all
    28  contracts  entered  into,  renewed, modified or amended on or after such
    29  effective date.
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