What's happening
This bill allows commercial tenants in New York City to seek a temporary stay of eviction and collection actions, similar to residential tenants.
Why it matters
Levels the playing field for small businesses. By allowing commercial tenants to request a temporary stay of eviction, the bill gives small and independent businesses the same legal protections that residential tenants already have, potentially helping them survive periods of financial hardship or unexpected business disruption.
Promotes economic stability in neighborhoods. Preventing sudden evictions of commercial tenants may help maintain the economic and social fabric of local communities, reducing the risk of vacant storefronts and the negative effects that can have on neighborhood vitality and safety.
Requires good faith and demonstrated hardship. Commercial tenants must show that they have made genuine efforts to find alternative space and that not granting a stay would cause extreme hardship to their business, ensuring that the stay is used as a last resort and not abused as a delay tactic.
Limits the duration of protection. The stay is temporary (up to six months), balancing the interests of landlords in regaining possession or collecting costs with the need to give struggling businesses a reasonable window to recover or relocate.
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Who cares
Headline styles
Let Commercial Tenants Delay Evictions
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7508
2019-2020 Regular Sessions
IN ASSEMBLY
May 8, 2019
Introduced by M. of A. BICHOTTE -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to extending to commercial tenants the right to seek a stay of the issuance of a warrant and a stay of any execution to collect the costs of the proceeding in a proceeding to recover the possession of premises in the city of New York
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and subdivision 1 of section 753 of the real property actions and proceedings law, the section heading as amended by chapter 870 of the laws of 1982 and subdivision 1 as amended by chapter 305 of the laws of 1963, are amended to read as follows:
Stay where tenant holds over in premises occupied for dwelling or commercial purposes in city of New York. 1. In a proceeding to recover the possession of premises in the city of New York occupied for dwelling or commercial purposes, other than a room or rooms in [an] a hotel, lodging house, or rooming house, upon the ground that the occupant is holding over and continuing in possession of the premises after the expiration of his or her term and without the permission of the landlord, or, in a case where a new lessee is entitled to possession, without the permission of the new lessee, the court, on application of the occupant, may stay the issuance of a warrant and also stay any execution to collect the costs of the proceeding for a period of not more than six months, if it appears that the premises are used for dwelling or commercial purposes; that the application is made in good faith; that the applicant cannot within the neighborhood secure suitable premises similar to those occupied by him or her and that he or she made due and reasonable efforts to secure such other premises, or that by reason of other facts it would occasion extreme hardship to him or her or his or her family or business if the stay were not granted.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11023-01-9
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.