SBC Small Business Congress
Comparing the two Bills
“Tenants Rights Bill” “Landlords Bill” CRS
Small Business Jobs Survival Act Commercial Rent Stabilization
1. Right to renew commercial lease YES NO- right to renew lease. Stores can be given 30
day notice to vacate premise.
2. Right to a minimum 10 year lease YES NO- Length of lease -is solely up to landlord.
3. Government has NO involvement YES NO -Rent increase percentage
in commercial lease renewal process determined by Government Guidelines Board each year. Rent increase never goes down.
4. Arbitration Process available if YES NO Arbitration process,
mutual agreement cannot be reached. instead expensive and time consuming
NYC courts.
5. Equal rights for negotiations for YES NO- rights for tenant in negotiating new lease
both parties in creating new lease terms terms, 100% exclusive rights for landlord.
Keeps the Status Quo!
6. Protection from extortion by YES NO real protections from any landlord abuses.
unscrupulous landlords demanding Possible fines but useless without "right to renewal"
cash protections. No business owner will report landlord
7. Stops rent gouging YES Yes- but keeps rents at sky high levels already to high to survive. Structure of biased real estate board and guidelines favoring landlords does not ensure end of sky high rents.
8. Applies to all commercial leases YES NO only retail less 10K, sq feet, manufacturing less 25k, professional & office less 10K
9. Would protect arts and cultural YES NO -not specifically stated
Space.
10. Protection for tenants forced to YES NO -Board guidelines allows Landlord’s
pay landlords’ property taxes. property taxes to be factored into tenants’ rent
11. Arbitration is determined on a YES NO- arbitration process not available to tenant
case by case basis only a “take it or leave” option of landlord.
Rent for entire city businesses the same.
12. Tenant has real input into YES NO-real opportunity for any input by tenant.
determining new rent either thru Government sets rent guidelines which real
negotiations with landlord or thru estate industry controls.
an arbitration process.
13. Tenants unable to pay new rent YES NO- Tenant given 30 day vacate notice.
can still stay in business until new
tenant is found. Has the right to match Stores could be empty for years!!
new asking rent and remain in business.
Would end future empty storefronts.
14. Jobs Act proven fully YES NO- Discriminates arbitrarily by
constitutional. Most legally vetted bill basing law on specific leases and sizes.
in Council history Will be challenged in court.
15. Landlords seeking high rents YES NO -Any landlord seeking higher rents
cannot kick out tenant when lease expires can kick out tenant when lease expires.