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