Introduced by Sens. GIANARIS, BAILEY, BIAGGI, HOYLMAN, JACKSON, KAMIN- SKY, KENNEDY, KRUEGER, LIU, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SAVINO, SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee
AN ACT to suspend rent payments for certain residential tenants and small business commercial tenants and to suspend certain mortgage payments for ninety days in response to the outbreak of coronavirus
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. (a) Notwithstanding any other provision of law, rule or
2 regulation to the contrary, any residential tenant or small business
3 commercial tenant in the state that has lost income or has been forced
4 to close their place of business as a result of government ordered
5 restrictions in response to the outbreak of coronavirus disease 2019
6 (COVID-19), shall have all rent payments suspended for ninety days
7 following the effective date of this act. Such residential tenant or
8 small business commercial tenant shall not and shall never be required
9 to pay any rent waived during such time period. Every residential
10 tenant or small business commercial tenant whose lease expires during
11 this time period shall be subject to an automatic renewal lease at the
12 current rent charged. Late fees shall not be collectable for rent
13 accrued during this time period.
14 (b) (i) Any person or entity who faces a financial hardship as a
15 result of being deprived rent payments for property pursuant to this
16 section shall receive forgiveness on any mortgage payments for such
17 property for ninety days, in an amount determined by the following frac-
18 tion multiplied by such mortgage payment, up to the total dollar amount
19 of lost rent:
20 (A) The numerator shall be the total amount of rent payments suspended
21 for his or her tenants over the ninety day period laid out in this
22 section; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16024-16-0 S. 8125--A 2
1 (B) The denominator shall be the total amount of rent payments typi-
2 cally owed for such entire property over the ninety day period laid out
3 in this section.
4 (ii) Any person or entity qualifying for mortgage payment forgiveness
5 under this subdivision shall not and shall never be required to pay any
6 mortgage waived during such time period.
7 § 2. For the purposes of this act, the following terms shall have the
8 following meanings:
9 (a) "Residential tenant" shall have the same meaning as paragraph (a)
10 of subdivision 1 of section 235-f of the real property law, those who
11 otherwise pay for the use and occupancy of a residential dwelling, or
12 occupants as defined by paragraph (b) of subdivision 1 of section 235-f
13 of the real property law.
14 (b) "Commercial tenant" shall mean a person or entity lawfully occupy-
15 ing a covered property pursuant to a lease or other rental agreement.
16 (c) "Covered property" shall mean any building or portion of a build-
18 i. that is lawfully used for buying, selling or otherwise providing
19 goods or services, or for other lawful business, commercial or profes-
20 sional services, or manufacturing activities; and
21 ii. for which a certificate of occupancy authorizing residential use
22 of such building or such portion of a building has not been issued.
23 (d) "Small business" shall have the same meaning as section 131 of the