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NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020.
The new legislation, which amends the NYC Administrative code, prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020. 2020 N.Y.C. Local Law No. 55, N.Y.C. Admin. Code §§22 -1005 (5/26/2020). The personal guarantor is absolved of liability if the tenant meets one of the following three conditions: a) the tenant was required to cease service of food or beverage for on-premises consumption or to cease operation under executive order 202.3 issued by New York Governor Andrew Cuomo; b) tenant was a non-essential retail establishment subject to in-person limitations spelled out by Governor Cuomo in executive order 202.6; or c) the tenant was required to close to members of the public pursuant to executive order 202.7. See, id.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.