Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2020 |
referred to judiciary |
Assembly Bill A10444
2019-2020 Legislative Session
Sponsored By
EPSTEIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A10444 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8351
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Add §5-338, Gen Ob L
2019-A10444 (ACTIVE) - Summary
Provides that no personal liability provision of a commercial lease or other rental agreement involving real property and to which a business impacted by COVID-19 is a party as tenant may be enforced against an individual where the default or other event allowing for such enforcement occurs during the COVID-19 period.
2019-A10444 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10444 I N A S S E M B L Y May 18, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Epstein) -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to personal liability provisions in commercial leases during the COVID-19 period THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 5-338 to read as follows: § 5-338. PERSONAL LIABILITY PROVISIONS IN COMMERCIAL LEASES DURING THE COVID-19 PERIOD. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: (A) "COVID-19" MEANS THE TWO THOUSAND NINETEEN NOVEL CORONAVIRUS OR 2019-NCOV. (B) "COVID-19 PERIOD" MEANS MARCH SEVENTH, TWO THOUSAND TWENTY THROUGH THE LATER OF: (I) THE END OF THE FIRST MONTH THAT COMMENCES AFTER THE EXPIRATION OF THE MORATORIUM ON ENFORCEMENT OF EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS SET FORTH IN EXECUTIVE ORDER NUMBER 202.8, AS ISSUED BY THE GOVERNOR ON MARCH TWENTIETH, TWO THOUSAND TWENTY AND THEREAFTER EXTENDED; (II) SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY, INCLUSIVE. (C) "IMPACTED BY COVID-19" MEANS THAT: (I) THE BUSINESS WAS SUBJECT TO SEATING, OCCUPANCY OR ON-PREMISES SERVICE LIMITATIONS PURSUANT TO AN EXECUTIVE ORDER ISSUED BY THE GOVER- NOR DURING THE COVID-19 PERIOD; OR (II) THE REVENUES OF THE BUSINESS DURING ANY THREE-MONTH PERIOD WITHIN THE COVID-19 PERIOD WERE LESS THAN FIFTY PERCENT OF ITS REVENUES FOR THE SAME PERIOD IN TWO THOUSAND NINETEEN OR LESS THAN FIFTY PERCENT OF ITS AGGREGATE REVENUES FOR THE MONTHS OF DECEMBER TWO THOUSAND NINETEEN, JANUARY TWO THOUSAND TWENTY AND FEBRUARY TWO THOUSAND TWENTY. (D) "PERSONAL LIABILITY PROVISION" MEANS, WITH RESPECT TO A COMMERCIAL LEASE OR OTHER RENTAL AGREEMENT INVOLVING REAL PROPERTY AND TO WHICH A BUSINESS IS A PARTY AS TENANT, A TERM THAT PROVIDES FOR AN INDIVIDUAL TO BECOME WHOLLY OR PARTIALLY PERSONALLY LIABLE FOR AN OBLIGATION OF SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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