S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7364--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Title 22 of the administrative code of the city of New York
 is amended by adding a new chapter 13 to read as follows:
                                 CHAPTER 13
                        COMMERCIAL LEASE CONTRACTS
   § 22-1301 DEFINITIONS. AS USED IN THIS  CHAPTER  THE  FOLLOWING  TERMS
 HAVE THE FOLLOWING MEANINGS:
   1.  "WRITTEN  CONTRACT"  MEANS  A  COMMERCIAL  LEASE  OR LEASE FOR THE
 PURPOSES OF RENTING A COMMERCIAL PROPERTY, THAT SHALL BE PROVIDED  TO  A
 COMMERCIAL TENANT AS AN OFFICIAL AGREEMENT ON CONTRACT TERMS.
   2.  "COMMERCIAL  TENANT"  MEANS A LESSEE OR ENTITY THAT IS ENTERING AN
 AGREEMENT TO RENT AND LAWFULLY OCCUPY THE COMMERCIAL PROPERTY.
   3. "COMMERCIAL LEASE" MEANS A WRITTEN CONTRACT PROVIDED  ON  PAPER  OR
 ELECTRONICALLY.
   4. "COMMERCIAL PROPERTY" MEANS ANY NON-RESIDENTIAL REAL ESTATE PROPER-
 TY THAT IS OWNED OR USED FOR BUSINESS PURPOSES.
   5.  "PROPERTY  OWNER"  MEANS A PERSON, LANDLORD, OWNER, OR ENTITY THAT
 OWNS OR MANAGES A COMMERCIAL PROPERTY.
   § 22-1302 COMMERCIAL LEASE CONTRACT REQUIREMENTS. 1. A LANDLORD  SHALL
 PROVIDE A WRITTEN CONTRACT TO A COMMERCIAL TENANT. SUCH WRITTEN CONTRACT
 MUST INCLUDE, BUT IS NOT LIMITED TO, THE:
   A. ADDRESS OF THE PROPERTY AND A DESCRIPTION OF THE SPACE LEASED;
   B.  CONTACT  INFORMATION  FOR  THE  PROPERTY  OWNER OR MANAGER AND THE
 PRIMARY CONTACT OF THE BUSINESS, ALL CONTACTS PREFERRED BY THOSE PARTIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08123-05-1
 A. 7364--A                          2
              

 
 SHOULD BE INCLUDED ON THE LEASE, WHICH SHALL NOT BE LIMITED TO ONLY  ONE
 CONTACT;
   C. TERM OF THE LEASE, WITH THE DATE OF COMMENCEMENT AND DATE OF TERMI-
 NATION OF SUCH TERM;
   D.  LEASE  EXTENSION  OR  RENEWAL INFORMATION IF ANY RENEWAL OPTION IS
 PROVIDED WITH THE DATE OR DATES ON WHICH SUCH EXTENSION OR  RENEWAL  ARE
 EXERCISABLE;
   E. MONTHLY RENT AND DUE DATE;
   F. ANY TERMS THAT MAY RESULT IN TERMINATION OF THE WRITTEN CONTRACT OR
 ADDITIONAL FEES AND CHARGES;
   G.  EXPLANATION  OF  ANY  ADDITIONAL  FEES OR CHARGES, IF ANY, SUCH AS
 CONTRIBUTION TO PROPERTY TAXES, INSURANCE, MAINTENANCE, FACADE OR STRUC-
 TURAL REPAIRS, OR UTILITIES, WHETHER THIS IS CONSECUTIVE OR  A  ONE-TIME
 PAYMENT; AND
   H.  ALL  THE  RESPONSIBILITIES FOR THE COMMERCIAL TENANT AND THE LAND-
 LORD, IF ANY.
   2. COMMERCIAL TENANTS MAY REQUEST THAT THE START DATE  OF  TENANCY  OR
 OTHER  RELEVANT  INFORMATION  TO PROVE OCCUPANCY AND DURATION THEREOF BE
 INCLUDED OR EXCLUDED IN A WRITTEN CONTRACT.
   3. COMMERCIAL TENANTS HAVE THE RIGHT TO,  UPON  REQUEST,  RECEIVE  ANY
 INFORMATION LISTED UNDER SUBDIVISION ONE OF THIS SECTION.
   4.  COMMERCIAL TENANTS WHO DO NOT RECEIVE A WRITTEN CONTRACT INCLUDING
 ITEMS REQUIRED BY THIS SECTION SHALL BE LEGALLY ALLOWED TO:
   A. CONTINUE THEIR TENANCY UNTIL THE CONTRACT IS PROVIDED;
   B. WITHHOLD RENT PAYMENT AFTER THIRTY DAYS WITHOUT A CONTRACT; AND
   C. SUSPEND PAYMENT ON THE SIXTY-FIRST DAY WITHOUT  A  LEASE.  PROPERTY
 OWNERS  WHO  DO  NOT  PROVIDED  A  LEASE  WITHIN  SIXTY DAYS FORFEIT THE
 PAYMENTS FOR THAT TIME PERIOD PRIOR AND UNTIL THE ISSUANCE OF THE LEASE.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 contracts  entered  into,  renewed, modified or amended on or after such
 effective date.