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NY A06529

Bill

Status

Introduced

3/11/2019

Primary Sponsor

Daniel O'Donnell

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Small Business3/11/2019

Full Bill Text

No bill text available