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NY A06529
Bill
Status
3/11/2019
Primary Sponsor
Daniel O'Donnell
Click for details
AI Summary
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Establishes a mandatory mediation and arbitration process for commercial lease renewals in New York City, applicable to leases expiring on or after July 1, 2020.
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Requires landlords to provide 180 days' notice before lease expiration; first 90 days are for negotiation, with either party able to request mediation during this period.
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Sets minimum 10-year renewal terms and limits grounds for lease non-renewal to specific conditions including persistent late rent payments (after three notices), illegal activity, material breach, demolition/reconstruction, unauthorized subletting, tax violations, and landlord occupancy for different business.
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Mandates arbitration to determine renewal rent based on 13 factors including property maintenance costs, fair market rates for comparable properties, business longevity, location, and real estate speculation in the area; arbitrator's decision is binding except if tenant rejects it and pays maximum 10% increase over prior 12 months' average rent.
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Prohibits landlord retaliation, limits security deposits to two months' rent held in interest-bearing escrow accounts, voids any lease provisions waiving tenant rights, and establishes penalties for non-compliance including damages and attorney's fees.
Legislative Description
Enacts the small business survival act; creates a commercial lease arbitration and mediation program for fair negotiations in the commercial lease renewal process for small businesses.
Last Action
referred to small business
1/8/2020