Bill Text: NY A10414 | 2017-2018 | General Assembly | Introduced

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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

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                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