Bill Text: NY A02554 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2019-12-20 - signed chap.689 [A02554 Detail]
Download: New_York-2019-A02554-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2554 2019-2020 Regular Sessions IN ASSEMBLY January 23, 2019 ___________ Introduced by M. of A. OTIS, COLTON, D'URSO, GLICK, GOTTFRIED, LAVINE, WRIGHT -- Multi-Sponsored by -- M. of A. COOK, SIMON -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to prohibiting leases from including a waiver of the right to a declaratory judgment action The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new section 2 235-h to read as follows: 3 § 235-h. Waiver of right to bring a declaratory judgment action. No 4 commercial lease shall contain any provision waiving or prohibiting the 5 right of any tenant to bring a declaratory judgment action with respect 6 to any provision, term or condition of such commercial lease. The inclu- 7 sion of any such waiver provision in a commercial lease shall be null 8 and void as against public policy. 9 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01655-01-9
