Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 23, 2022 |
referred to judiciary delivered to senate passed assembly |
Jan 05, 2022 |
ordered to third reading cal.226 returned to assembly died in senate |
Jun 02, 2021 |
referred to rules delivered to senate passed assembly |
Jun 01, 2021 |
ordered to third reading rules cal.221 rules report cal.221 reported |
May 19, 2021 |
reported referred to rules |
Apr 13, 2021 |
referred to judiciary |
Assembly Bill A6906
2021-2022 Legislative Session
Sponsored By
OTIS
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
Actions
co-Sponsors
Thomas Abinanti
Rebecca Seawright
Jo Anne Simon
Albert A. Stirpe
2021-A6906 (ACTIVE) - Details
2021-A6906 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6906 2021-2022 Regular Sessions I N A S S E M B L Y April 13, 2021 ___________ Introduced by M. of A. OTIS, ABINANTI, SEAWRIGHT, SIMON, STIRPE -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring land- lords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 227-e of the real property law, as added by section 4 of part M of chapter 36 of the laws of 2019, is amended to read as follows: § 227-e. Landlord duty to mitigate damages. In any lease or rental agreement, excluding any real estate purchase contract defined in para- graphs (a), (c) and (d) of subdivision four of section four hundred sixty-one of this chapter, [covering premises occupied for dwelling purposes,] if a tenant vacates a premises in violation of the terms of the lease, the landlord shall, in good faith and according to the land- lord's resources and abilities, take reasonable and customary actions to rent the premises at fair market value or at the rate agreed to during the term of the tenancy, whichever is lower. If the landlord rents the premises at fair market value or at the rate agreed to during the term of the tenancy, the new tenant's lease shall, once in effect, terminate the previous tenant's lease and mitigate damages otherwise recoverable against the previous tenant because of such tenant's vacating the prem- ises. The burden of proof shall be on the party seeking to recover damages. Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to 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. LBD02398-01-1
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