Laws/Bills

LAWS and Pending Bills

Recently passed laws as well as pending bills that address the plight of retail and empty storefronts

RECENTLY PASSED LAWS

  • August 2019: Storefront Tracker, Intro 1472, passed by NY City Council, requires all commercial storefront and second floor spaces citywide to register. Non-compliance will be penalized. Data will be made public. Bill sponsored by City Council Member Helen Rosenthal. Press Release with details.
  • August 2019: Small Business Legislative Package, Local Law 156 of 2019/Int 1471, passed by NY City Council, requires the City to provide small businesses with training and other technical assistance related to building an e-commerce presence, marketing, and business systems.
  • August 2019: Database of Small Business Laws and Rules, Local Law 155 of 2019/Int 1467A, passed by NY City Council, requires the Commissioner of Small Business Services to establish a searchable and interactive data base to aid business owners in understanding city laws and rules applicable to businesses, including the applicable licenses, permits, certifications and zoning information. Sponsor: Mark Gjonaj.
  • August 2019, Small Business Health Assessment, Local Law 152 of 2019/Int 1049A-2018, Passed by NY City Council, requires the Department of Small Business Services (SBS) “to complete an assessment of the state of storefront businesses in at least twenty community districts in the City once every three years. The bill would further require SBS in coordination with the Department of Finance and City Planning to produce a report containing information related to storefront businesses.”  Sponsor: Carlina Rivera.
  • December 2017: Small Business Tax Credit, Local Law 254 of 2017, Int 799B, passed by NY City Council, establishes a Small Business Tax Credit (“the credit”) against Commercial Rent Tax. The credit would provide complete tax relief for taxpayers with incomes of $5 million or less and who pay less than $500,000 per year in rent. Taxpayers who have incomes of $5 million or less and who pay between $500,000 and $550,000 per year in rent, and those taxpayers who have incomes between $5 million and $10 million and who pay less than $550,000 per year in rent would receive a partial, sliding scale credit. Taxpayers who have incomes of more than $10 million would not receive any credit.”  Sponsor: Former Councilman Daniel Gorodnick.
  • December 2017: Small Business Tax Credit, Local Law 256 of 2017, Int 1783-2017, passed by NY City Council, amends “the definitions of base rent and total income for purposes of the Small Business Tax Credit against the Commercial Rent Tax.”  Sponsors: Daniel Gorodnick and Ben Kallos.
  • June 2012: Zoning: Special Enhanced Commercial District-Neighborhood Retail Streets Zoning on UWS: NY City Council Summary; Powerpoint Presentation on Zoning

BILLS PENDING — NY CITY COUNCIL

  • Nov. 2019: Commercial Rent Regulation, NY City Council Int 1796-2019: To amend the administrative code of the city of New York, in relation to the regulation of commercial law, to establish a system of commercial rent registration and regulation applicable to retail stores of 10,000 square feet or less, manufacturing establishments of 25,000 square feet or less, and professional, services or other offices of 10,000 square feet or less. Seven-member Commercial Rent Guidelines Board would be appointed by Mayor to establish guidelines and the rate of rent adjustments for covered commercial spaces, annually. Sponsored by City Council member Stephen Levin.  
  • Oct 2019: Exempting Grocery Stores from Commercial Tax, NY City Council Int 1779-2019: This bill would exempt grocery stores from the commercial rent tax if they meet certain floor space and affordability requirements. Sponsored by City Council member Margaret Chin.
  • March 2019: Legal Services, NY City Council Int. No. 1470: Local law to amend the administrative code of the city of New York, in relation to providing legal services to small business owners facing eviction proceedings. Sponsored by NY City Council Member Mark Levine.
  • February 2019: Prohibition of Real Property Tax Exemptions, NY Assembly A4963: Bill would amend New York State real property tax law, in relation to prohibiting  exemptions for owners of vacant or unoccupied storefront properties “if the property has been vacant or unoccupied for at least two years.” Sponsor: NY Assemblyman Danny O’Donnell.
  • March 2018: Small Business Jobs Survival Act (SBJSA), NY City Council Int 0737A-2018: “A Local Law to amend the administrative code of the city of New York, in relation to creating a small business lease program for establishing an environment for fair negotiations in the commercial lease renewal process in order to determine reasonable lease terms.”  In Committee (on Small Business). Sponsors: By Council Members Rodriguez, Espinal, Chin, Rivera, Constantinides, Rosenthal, Reynoso, Menchaca, Ayala, Van Bramer, Levine, Levin, Cumbo, Kallos, Treyger, the Public Advocate (Mr. Williams), Perkins, Eugene, Ampry-Samuel, Adams, Miller, Koslowitz, Rose, Gibson, King, Barron, Dromm, Salamanca, Maisel and Diaz

BILLS PENDING — NY STATE SENATE

  • April 2019/June 2019: Commercial Vacancy Tax, NY State S5166 and NY Assembly A8231: Amends State Tax law to give NYS Tax Commissioner powers to impose and collect taxes on commercial storefronts that are “vacant or abandoned” for over six months. Bill applies to properties that are unoccupied or unsecured, unoccupied and secured by boarding or other similar means, unoccupied and unsafe, unoccupied and has multiple city code violations.  Sponsors: Senator Robert Jackson and Assembly member Linda Rosenthal.
  • May 2019: Commercial Vacancy Tax, NY Senate S5952, NY Assembly A6997: Amends general municipal law and imposes a fee on vacant commercial property that has remained continuously vacant for a period of six months or more to be paid to the state every thirtieth day such commercial property remains vacant. In committee. Sponsored by Sen. Robert Jackson and Assembly Member Linda Rosenthal.
  • February 2019: Prohibition of Real Property Tax Exemptions, NY Assembly A4963: Bill would amend New York State real property tax law, in relation to prohibiting  exemptions for owners of vacant or unoccupied storefront properties “if the property has been vacant or unoccupied for at least two years.” Sponsor: NY Assemblyman Danny O’Donnell.
  • 2019: Commercial Vacancy Tax Bill, NY Senate S5686 and NY Assembly A8234: Any city having a population of one million or more to impose and collect taxes on vacant ground floor commercial premises that “have been vacant for a period of not less than six months. The tax on such vacant ground floor commercial premises shall be measured as determined and calculated in accordance with a formula or formulas set forth in any such local law, provided that any such tax shall not exceed two thousand dollars per square foot annually. Any such local law may impose such tax at different rates in different geographical areas of any such city. Such tax shall be imposed on the owner of such premises.” In committee. Sponsored by Sen. Brad Hoylman and Assembly Member Deborah Glick.
  • 2019: Small Business Survival Act, NY Senate SO5326 and NY Assembly AO6529: Bill creates a small business lease program for fair negotiations in the commercial lease renewal process.  Read Summary. Sponsored by NY State Assembly member Danny O’Donnell; Sponsored by NY State Senator Julia Salazar.