NY State Senate Bill 2019-S8125

Senate Bill S8125

2019-2020 Legislative Session

Relates to suspending rent payments for certain residential tenants and small business commercial tenants and certain mortgage payments for ninety days in response to the outbreak of covid-19

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Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2020	print number 8125a
Mar 26, 2020	amend (t) and recommit to judiciary
Mar 23, 2020	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S8125 - Details

See Assembly Version of this Bill:: A10224
Current Committee:: Senate Judiciary
Law Section:: Real Property
Versions Introduced in 2021-2022 Legislative Session:: A2220

2019-S8125 - Summary

Suspends all rent payments for certain residential tenants and small business commercial tenants if such tenant has lost employment or was forced to close their place of business and certain mortgage payments for landlords of such tenants in the state for ninety days following the effective date of this act in response to the outbreak of coronavirus disease 2019 (COVID-19).

2019-S8125 - Sponsor Memo

                                
 
BILL NUMBER: S8125

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to suspend rent payments and certain mortgage payments for
certain residential tenants and small business commercial tenants for
ninety days in response to the outbreak of coronavirus

 
PURPOSE:

To waive commercial and residential rent for 90 days for tenants that
have lost employment or been forced to close their place of business as
a result of government ordered restrictions in response to COVID-19, and
waive certain mortgage payments for 90 days for mortgagors who experi-
ence financial hardship due to COVID-19.

 
SUMMARY OF PROVISIONS:

Section one waives commercial and residential rent for 90 days for
tenants that have lost employment or been forced to close their place of

business in response to COVID-19, and waives certain mortgage payments
for 90 days in an amount consistent with any lost rent for anyone expe-
riencing financial hardship due to the virus.

Section two defines residential and commercial tenants, covered proper-
ty, and small business. Section three sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

With non-essential businesses shutting down in New York State to prevent
the spread of COVID-19, workers and employers alike will face difficult
economic times. Businesses across the state are forced to lay off
employees or shut down their businesses due to an inability to afford
their numerous expenses. These tenants should not be held responsible
for paying money into rent while their income is being interrupted by
this pandemic.  Additionally, mortgagors experiencing financial hard-
ships because of the virus should also receive relief All New Yorkers
are sacrificing as a result of this crisis and government must do what
it can to help. It would be harmful to our entire society to expect
tenants without income to continue to take on financial liabilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8125 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8125
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced by Sens. GIANARIS, BIAGGI, CARLUCCI, FUNKE, HOYLMAN, JACKSON,
   LIU,  MONTGOMERY,  PARKER,  PERSAUD,  RAMOS, SALAZAR, STAVISKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Judiciary
 
 AN  ACT  to  suspend  rent  payments  and  certain mortgage payments for
   certain residential tenants and small business commercial tenants  for
   ninety days in response to the outbreak of coronavirus
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) Notwithstanding any other provision  of  law,  rule  or
 regulation  to  the  contrary,  any residential tenant or small business
 commercial tenant in the state that has lost income or has  been  forced
 to  close  their  place  of  business  as a result of government ordered
 restrictions in response to the outbreak  of  coronavirus  disease  2019
 (COVID-19),  shall  have  all  rent  payments  suspended for ninety days
 following the effective date of this act.  Such  residential  tenant  or
 small  business  commercial tenant shall not and shall never be required
 to pay any rent waived during such time period.   Every  residential  or
 small  business  commercial  tenant whose lease expires during this time
 period shall be subject to an automatic renewal  lease  at  the  current
 rent charged. Late fees shall not be collectable for rent accrued during
 this time period.
   (b) (i) Any person who faces a financial hardship as a result of being
 deprived  rent  payments for a covered property pursuant to this section
 shall receive forgiveness on any  mortgage  payments  for  such  covered
 property in an amount determined by the following fraction multiplied by
 such mortgage payment, up to the total dollar amount of lost rent:
   (A) The numerator shall be the total amount of rent payments suspended
 for  his  or  her  tenants  over  the ninety day period laid out in this
 section; and
   (B) The denominator shall be the total amount of rent  payments  typi-
 cally  owed for such entire property over the ninety day period laid out
 in this section.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16024-07-0

 S. 8125                             2
 
   (ii) Any person qualifying for mortgage payment forgiveness under this
 paragraph shall not and shall never be  required  to  pay  any  mortgage
 waived during such time period.
   §  2. For the purposes of this act, the following terms shall have the
 following meanings:
   (a) "Residential tenant" shall have the same meaning as paragraph  (a)
 of subdivision 1 of section 235-f of the real property law, or those who
 otherwise pay for the use and occupancy of a residential dwelling.
   (b) "Commercial tenant" shall mean a person or entity lawfully occupy-
 ing a covered property pursuant to a lease or other rental agreement.
   (c)  "Covered property" shall mean any building or portion of a build-
 ing:
   i. that is lawfully used for buying, selling  or  otherwise  providing
 goods  or  services, or for other lawful business, commercial or profes-
 sional services, or manufacturing activities; and
   ii. for which a certificate of occupancy authorizing  residential  use
 of such building or such portion of a building has not been issued.
   (d) "Small business" shall have the same meaning as section 131 of the
 economic development law.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8125A (ACTIVE) - Details

See Assembly Version of this Bill:: A10224
Current Committee:: Senate Judiciary
Law Section:: Real Property
Versions Introduced in 2021-2022 Legislative Session:: A2220

2019-S8125A (ACTIVE) - Summary

2019-S8125A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8125A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to suspend rent payments for certain residential tenants and
small business commercial tenants and to suspend certain mortgage
payments for ninety days in response to the outbreak of coronavirus

 
PURPOSE:

To waive small business commercial and residential rent for 90 days for
tenants that have lost income or been forced to close their place of
business as a result of government ordered restrictions in response to
COVID-19, and waive certain mortgage payments for 90 days for mortgagors
who experience financial hardship due to COVID-19.

 
SUMMARY OF PROVISIONS:

Section one waives small business commercial and residential rent for 90
days for tenants that have lost income or been forced to close their

place of business in response to COVID-19, and waives certain mortgage
payments for 90 days in an amount consistent with lost rent for persons
or entities experiencing financial hardship due to the virus.

Section two defines residential and commercial tenants, covered proper-
ty, and small business. Section three sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

With non-essential businesses shutting down in New York State to prevent
the spread of COVID-19, workers and employers alike will face difficult
economic times. Businesses across the state are forced to lay off
employees or shut down their businesses due to an inability to afford
their numerous expenses. These tenants should not be held responsible
for paying money into rent while their income is being interrupted by
this pandemic. Additionally, mortgagors experiencing financial hardships
because of the virus should also receive relief All New Yorkers are
sacrificing as a result of this crisis and government must do what it
can to help. It would be harmful to our entire society to expect tenants
without income to continue to take on financial liabilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8125A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8125--A
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sens. GIANARIS, BAILEY, BIAGGI, HOYLMAN, JACKSON, KAMIN-
   SKY,  KENNEDY,  KRUEGER,  LIU,  METZGER,  MONTGOMERY,  MYRIE,  PARKER,
   PERSAUD, RAMOS, RIVERA, SALAZAR, SAVINO, SEPULVEDA, SERRANO, STAVISKY,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on Judiciary -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to suspend rent payments  for  certain  residential  tenants  and
   small  business  commercial  tenants  and  to suspend certain mortgage
   payments for ninety days in response to the outbreak of coronavirus
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  (a)  Notwithstanding  any other provision of law, rule or
 regulation to the contrary, any residential  tenant  or  small  business
 commercial  tenant  in the state that has lost income or has been forced
 to close their place of business  as  a  result  of  government  ordered
 restrictions  in  response  to  the outbreak of coronavirus disease 2019
 (COVID-19), shall have all  rent  payments  suspended  for  ninety  days
 following  the  effective  date  of this act. Such residential tenant or
 small business commercial tenant shall not and shall never  be  required
 to  pay  any  rent  waived  during such time period.   Every residential
 tenant or small business commercial tenant whose  lease  expires  during
 this  time  period shall be subject to an automatic renewal lease at the
 current rent charged. Late  fees  shall  not  be  collectable  for  rent
 accrued during this time period.
   (b)  (i)  Any  person  or  entity  who faces a financial hardship as a
 result of being deprived rent payments for  property  pursuant  to  this
 section  shall  receive  forgiveness  on  any mortgage payments for such
 property for ninety days, in an amount determined by the following frac-
 tion multiplied by such mortgage payment, up to the total dollar  amount
 of lost rent:
   (A) The numerator shall be the total amount of rent payments suspended
 for  his  or  her  tenants  over  the ninety day period laid out in this
 section; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16024-16-0

 S. 8125--A                          2
 
   (B) The denominator shall be the total amount of rent  payments  typi-
 cally  owed for such entire property over the ninety day period laid out
 in this section.
   (ii)  Any person or entity qualifying for mortgage payment forgiveness
 under this subdivision shall not and shall never be required to pay  any
 mortgage waived during such time period.
   §  2. For the purposes of this act, the following terms shall have the
 following meanings:
   (a) "Residential tenant" shall have the same meaning as paragraph  (a)
 of  subdivision  1  of section 235-f of the real property law, those who
 otherwise pay for the use and occupancy of a  residential  dwelling,  or
 occupants  as defined by paragraph (b) of subdivision 1 of section 235-f
 of the real property law.
   (b) "Commercial tenant" shall mean a person or entity lawfully occupy-
 ing a covered property pursuant to a lease or other rental agreement.
   (c) "Covered property" shall mean any building or portion of a  build-
 ing:
   i.  that  is  lawfully used for buying, selling or otherwise providing
 goods or services, or for other lawful business, commercial  or  profes-
 sional services, or manufacturing activities; and
   ii.  for  which a certificate of occupancy authorizing residential use
 of such building or such portion of a building has not been issued.
   (d) "Small business" shall have the same meaning as section 131 of the
 economic development law.
   § 3. This act shall take effect immediately.

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Senate Bill S8125

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2019-S8125 - Details

2019-S8125 - Summary

2019-S8125 - Sponsor Memo

2019-S8125 - Bill Text download pdf

co-Sponsors

2019-S8125A (ACTIVE) - Details

2019-S8125A (ACTIVE) - Summary

2019-S8125A (ACTIVE) - Sponsor Memo

2019-S8125A (ACTIVE) - Bill Text download pdf

Comments