Bill Text: NY A10414 | 2017-2018 | 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 12-0)
Status: (Introduced - Dead) 2018-06-12 - ordered to third reading rules cal.120 [A10414 Detail]
Download: New_York-2017-A10414-Introduced.html
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 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. LBD15330-03-8