New measure protects restaurants, retailers who violate leases

The bill temporarily suspends the enforcement of personal liability provisions

TRD New York /
May.May 13, 2020 04:12 PM
Councilwoman Carlina Rivera introduced a measure that would protect restaurants and retailers from certain legal action. (Rivera by Erik McGregor/Pacific Press/LightRocket via Getty Images; background via Gary He/Getty Images))

Council member Carlina Rivera introduced a measure that would protect restaurants and retailers from certain legal action. (Rivera by Erik McGregor/Pacific Press/LightRocket via Getty Images; background via Gary He/Getty Images)

The New York City Council on Wednesday approved a measure that would protect restaurants and retailers from certain legal action if they violate their leases.

The measure, introduced by Manhattan Democrat Carlina Rivera, bars the enforcement of personal liability provisions in commercial leases or rental agreements. Under the bill, attempting to enforce such provisions — which allows landlords to go after tenants’ personal assets in the event of a lease default — would be considered harassment. The council approved the bill 44 to 6.

“Losing your business is hard enough, but imagine someone coming after your home as well,” Speaker Corey Johnson said ahead of the vote.

Rivera noted that while her bill couldn’t bring Gem Spa back — a famed newspaper stand and candy store in the East Village that recently closed for good — she said it would ensure that struggling business owners wouldn’t have to worry about their life savings and assets “because of a disaster that no one saw coming.”

The latest version of the bill specifically singles out restaurants, bars and non-essential retailers and businesses (including gyms and movie theaters) that were forced to close due to Covid-19 and sets a clearer timeline for the suspension of personal liability provisions. While the initial bill barred enforcement of such provisions through at least September 2020, the approved measure applies to defaults that occurred between March 7, 2020, and September 30, 2020.

During a hearing held last month, real estate groups and even some officials questioned the legality of the measure. The Real Estate Board of New York testified at the time that the bill calls for a “seemingly impermissible unilateral amendment of existing valid contracts.”

Before voting in favor of the measure, Council member Justin Brennan said he still had concerns that the measure helps “Louis Vuitton as much as it helps Louie’s pizza.” Council member Kalman Yeger voted against the bill, reiterating his stance that the measure was an unconstitutional intrusion on existing contracts.

The council also approved a measure that would expand the definition of residential and commercial tenant harassment to include threats based on the tenant’s status as a Covid-19 impacted person, essential employee or recipient of a rental concession or forbearance.

“Many large national and international tenants have the means to pay their rent and are shamefully using this crisis not to,” REBNY President James Whelan said in a statement.

“Our members continue to work with small businesses who genuinely need help to weather this crisis, but the bill as drafted will provide an excuse for credit-worthy tenants to evade their financial obligations to our City.”

Both the anti-harassment bill and the personal liability measure were part of a broader legislative package seeking to provide relief to tenants and small businesses.

Write to Kathryn Brenzel at [email protected].


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