What's happening
This bill creates new commercial rent protections in New York City, limiting rent increases and strengthening tenant rights against retaliation and unfair lease terms.
Why it matters
Rent increases for commercial tenants would be limited and require third-party arbitration. to ensure any increase is not fraudulent or above fair market value, shifting power away from landlords and potentially reducing sudden, steep rent hikes for small businesses and nonprofits.
Tenants gain new legal tools to challenge unfair rent increases. , including the right to sue for injunctive relief and recover attorney’s fees if a court finds the landlord violated these protections—making it more feasible for smaller tenants to defend their interests.
Anti-retaliation provisions mean landlords face actual and punitive damages if they punish tenants for asserting their rights. , which could embolden more tenants to negotiate better lease terms or object to unfair treatment without fear of eviction or other retribution.
Lease clauses that waive tenant rights or restrict access to courts would be invalid. , ensuring that commercial tenants cannot be forced to give up legal protections or remedies as a condition of their lease, thus strengthening their bargaining position and access to justice.
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Who cares
Headline styles
Protect Commercial Renters' Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Commercial Renters
In Senate Committee · Cities · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8266
2019-2020 Regular Sessions
IN ASSEMBLY
June 11, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to commercial rent protections
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Title 22 of the administrative code of the city of New York is amended by adding a new chapter 12 to read as follows:
CHAPTER 12
COMMERCIAL TENANCIES
§ 22-1201 Definitions. a. "Commercial premises" shall mean a building or space occupied for non-residential purposes including, but not limited to, manufacturing, retail, professional services, offices, assembling, processing, cultural and not-for-profit entities that are present in the city of New York, who have a valid commercial lease.
b. "Landlord" shall mean any owner, lessor, sublessor or other person entitled to receive rent for the use or occupancy of any commercial premises, or an agent thereof.
c. "Rent" shall mean any and all consideration, including but not limited to pass-alongs, received by the landlord in connection with the use or occupancy of any commercial premises.
d. "Tenant" shall mean tenant, subtenant, lessee, sublessee, or any other persons lawfully entitled to use or occupancy of any commercial premises.
§ 22-1203 Commercial rent requirements. a. The rent for any commercial premises shall not be increased by the landlord during the term of the lease, without the written consent of the tenant, for any reason without a determination by an arbitrator that such rent increase is not fraudulent and is not above the fair market value of the commercial premises.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13144-02-9
A. 8266 2
b. All arbitration conducted for the purposes of this section shall be subject to the provisions of article seventy-five of the civil practice law and rules. The landlord and the arbitrator shall make a good faith effort to allow the tenant to attend and be heard at a hearing and to have reasonable time to prepare for such hearing.
c. In the event that a tenant does not believe a rent increase was in compliance with subdivision a of this section, the tenant may bring a civil action in a court of competent jurisdiction for injunctive relief and such other remedies as may be appropriate. If the court finds in favor of the tenant, it shall award such person, in addition to other relief, reasonable attorney's fees and costs.
§ 22-1205 Retaliation. No landlord shall in any way retaliate against any tenant for the tenant's assertion or exercise of any rights under this chapter. Any such retaliation may subject the landlord to a suit for actual and punitive damages, injunctive relief, and attorney's fees.
§ 22-1207 Waiver. No provision in any lease, rental agreement, or agreement made in connection with a lease which waives or diminishes any right of the tenant under this chapter is valid.
§ 22-1209 Inconsistency with other laws. In the event of any inconsistency with any other laws of the city of New York, this chapter shall take precedence.
§ 22-1211 Commercial lease requirements. a. The lease for any commercial premises shall not contain a waiver of the right to seek court intervention or judicial redress for any issue arising under the lease.
b. Any provision in any lease, rental agreement, or agreement made in connection with a lease which waives or diminishes any of the rights to judicial intervention or redress under this chapter shall be deemed invalid.
§ 2. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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