Bill Text: NY S01040 | 2015-2016 | General Assembly | Amended


Bill Title: Enacts the small business survival act; creates a small business lease program for fair negotiations in the commercial lease renewal process.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 0000-00-00 - [S01040 Detail]

Download: New_York-2015-S01040-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1040--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 8, 2015
                                       ___________
        Introduced  by  Sens.  AVELLA, PARKER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cities --  recom-
          mitted  to  the  Committee on Cities in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to enacting the "small business survival act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "small business survival act".
     3    § 2. Legislative intent. The legislature finds that the small business
     4  sector of the city of New York remains vulnerable at  a  time  when  New
     5  York  city  is more dependent than ever on small business for job growth
     6  and revenues. The New York city commercial rental market has been  nega-
     7  tively  influenced  by  speculators  for such an extended period of time
     8  that the interest of small businesses and job creation, and the  broader
     9  general economic interest of the city, are being harmed. An unacceptable
    10  number  of established small businesses are being forced out of business
    11  solely as a result of the commercial lease renewal process.   Whereby  a
    12  breakdown  has taken place in normal processes of bargaining and freedom
    13  of contract has become an illusory concept during the  commercial  lease
    14  renewal  process.    The  current  commercial  rental  market results in
    15  unjust, unreasonable, and oppressive leases for the payment of rent  for
    16  commercial  space  in  New  York  city. Landlords continue to exact such
    17  agreements from tenants under stress of prevailing market conditions and
    18  unequal bargaining power, without  any  tenants'  rights  to  allow  for
    19  bargaining  in  good faith to arrive at fair and reasonable lease terms.
    20  The absence of legal protection for the interests of commercial  tenants
    21  in  the  lease renewal process has unnecessarily accelerated the closing
    22  of small businesses and resulted in lost jobs, lost tax revenues  caused
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01956-02-6
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