NY State Senate Bill 2023-S2950

Current Bill Status - In Senate Committee Cities 1 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Jan 26, 2023	referred to cities 1

co-Sponsors

2023-S2950 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Add Title 22 Chap 13 §§22-1301 & 22-1302, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5982
2021-2022: S4257

2023-S2950 (ACTIVE) - Summary

Ensures that commercial tenants receive a lease; defines terms within leases; establishes requirements for commercial lease contracts.

2023-S2950 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2950

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to requiring contracts for a commercial lease

 
PURPOSE:

This bill ensures that current and future commercial tenants are given a
lease from a property owner with specific information.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends title 22 of the administrative code of the city of
New York by adding a new chapter 13 entitled "Commercial Lease
Contracts," which ensures that commercial tenants receive a lease,
defines terms within leases, and establishes requirements for commercial
lease contracts. It also provides that commercial tenants have a right
to request their start date of tenancy be included or excluded in the
written contract, to request to receive a written contract, including

provisions to remain a tenant until they receive a written contract,
withhold rent after 30 days without a written contract, or to suspend
payment after 60 days without a written contract.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In New York City, commercial tenants and specifically small businesses
lack meaningful rights and protections when their lease expires. Many
small businesses are currently operating without a written contract on a
month to month basis. In a city where too many small businesses fear a
steep rent hike, sudden eviction, or unclear responsibilities for essen-
tial building servicesä we must ensure that commercial tenants have the
most basic of protections including a right to a lease.

If a business is in a space and is expected to pay rent to remain in
said space, then there should always be a written contract in the busi-
ness' and the property owners' possession that states those terms.
Although the New York City Council acknowledges there is an affordabili-
ty crisis for commercial tenants, they have yet to act on a package of
bills that addresses protections for commercial tenants. This bill would
take one step forward in addressing one of the many issues that New York
City small businesses are facing.

 
LEGISLATIVE HISTORY:

2019-2020: S982

2021-2022: S4257/ A7364 Anderson

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and apply to all contracts
entered into, renewed, or modified on or after the effective date.

2023-S2950 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2950
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced by Sens. RIVERA, JACKSON, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Cities 1
 
 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
 SHOULD  BE INCLUDED ON THE LEASE, WHICH SHALL NOT BE LIMITED TO ONLY ONE
 CONTACT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01764-01-3

 S. 2950                             2
 
   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.

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Senate Bill S2950

Sponsored By

Current Bill Status - In Senate Committee Cities 1 Committee

co-Sponsors

2023-S2950 (ACTIVE) - Details

2023-S2950 (ACTIVE) - Summary

2023-S2950 (ACTIVE) - Sponsor Memo

2023-S2950 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2950

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Cities 1 Committee

co-Sponsors

Robert Jackson

Luis R. Sepúlveda

2023-S2950 (ACTIVE) - Details

2023-S2950 (ACTIVE) - Summary

2023-S2950 (ACTIVE) - Sponsor Memo

2023-S2950 (ACTIVE) - Bill Text download pdf

Comments