What's happening
This bill prohibits commercial leases in New York from including clauses that waive tenants' rights to bring declaratory judgment actions.
Why it matters
Protects tenants' legal options. By stopping landlords from including waiver clauses, the bill ensures commercial tenants can always challenge or clarify lease terms in court, leveling the legal playing field between landlords and tenants.
Increases contract transparency. The ability to seek declaratory judgments gives tenants more leverage to contest ambiguous or unfair lease terms, potentially leading to clearer and fairer contracts overall.
Sets a public policy precedent. Declaring such waivers “null and void as against public policy” not only affects existing and future leases but may influence broader interpretations of tenants' rights in other legal contexts.
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Who cares
Commercial tenants
The bill would protect their right to ask a court to clarify any provision, term or condition of their lease through a declaratory judgment action.
Commercial landlords
They could not include enforceable lease provisions waiving or prohibiting tenants’ right to bring such actions.
Commercial leasing attorneys
They would need to account for the bill’s prohibition when drafting or reviewing leases, because any such waiver would be null and void as against public policy.
Headline styles
Protect Tenants’ Legal Rights
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
2 Multi-sponsors
History
- Ordered to third reading rules cal.120
- Rules report cal.120
- Reported
- Reported referred to rules
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10414
IN ASSEMBLY
April 19, 2018
Introduced by M. of A. OTIS -- 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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 235-h to read as follows:
§ 235-h. Waiver of right to bring a declaratory judgment action. No commercial lease shall contain any provision waiving or prohibiting the right of any tenant to bring a declaratory judgment action with respect to any provision, term or condition of such commercial lease. The inclusion of any such waiver provision in a commercial lease shall be null and void as against public policy.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15330-03-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.