Assembly Bill A2554

Signed By Governor
2019-2020 Legislative Session

Prohibits commercial leases from including a waiver of the right to a declaratory judgment action

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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2019-A2554 (ACTIVE) - Details

See Senate Version of this Bill:
S5614
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in 2017-2018 Legislative Session:
A10414

2019-A2554 (ACTIVE) - Summary

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.

2019-A2554 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2554
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced  by  M. of A. OTIS, COLTON, D'URSO, GLICK, GOTTFRIED, LAVINE,
   WRIGHT -- Multi-Sponsored by -- M. of A. COOK, SIMON -- 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:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-h to read as follows:
   §  235-H.  WAIVER  OF RIGHT TO BRING A DECLARATORY JUDGMENT ACTION. NO
 COMMERCIAL LEASE SHALL CONTAIN ANY PROVISION WAIVING OR PROHIBITING  THE
 RIGHT  OF ANY TENANT TO BRING A DECLARATORY JUDGMENT ACTION WITH RESPECT
 TO ANY PROVISION, TERM OR CONDITION OF SUCH COMMERCIAL LEASE. THE INCLU-
 SION OF ANY SUCH WAIVER PROVISION IN A COMMERCIAL LEASE  SHALL  BE  NULL
 AND VOID AS AGAINST PUBLIC POLICY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01655-01-9

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