L.L. 2020/098

Enactment date: 9/28/2020

Int. No. 2083-A

By Council Members Rivera, the Speaker (Council Member Johnson), Kallos, Rosenthal, Chin, Powers, Rose and Louis

A Local Law to amend the administrative code of the city of New York, in relation to extending temporary personal guaranty protection provisions for commercial tenants impacted by COVID-19

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings.

   a.   The council finds and declares that:

      1.   The city is in the midst of a local, state, and federally declared disaster emergency due to a global pandemic. While the numbers increase daily, the 2019 novel coronavirus, or COVID-19, has killed over 900,000 people worldwide, over 200,000 people in the United States, and about 33,000 people in New York state. Within the city itself, about 243,000 people have been infected with the disease and about 24,000 people have likely died because of it.

      2.   Governments around the world, the country, and the state, including the city, have taken drastic measures to limit the spread of COVID-19. While many of these measures appear to have helped slow the progress of the disease, many have also contributed to a catastrophic impact on the city's economic and social livelihood.

      3.   For example, as part of the effort to stop the spread of COVID-19, the governor in March 2020 issued executive order numbers 202.3, 202.6, and 202.7. These orders, as subsequently amended and extended through other executive orders, and interpreted through guidance issued by the New York state departments of economic development and health, effectively prohibited restaurants, bars, gyms, fitness centers, movie theaters, non-essential retail stores, barbershops, hair salons, nail salons, tattoo or piercing parlors, and related personal care services from operating with any indoor occupancy.

      4.   These operational limitations, while necessary to combat the spread of a global pandemic, have contributed to the severe economic damage suffered by the city. For example, the most recently available labor statistics from the New York state department of labor relating to the businesses subject to these orders indicate that:

         (a)   The city lost 151,100 jobs in the food services and drinking places subsector from February 2020 to July 2020, leaving employment in that subsector down 48.9% in July 2020 compared to July 2019. This includes a loss of 94,000 jobs in the full service restaurants industry between February 2020 and July 2020, which left employment in that industry down 57.7% in July 2020 compared to July 2019.

         (b)   Within the retail trade sector, the city lost about 34,700 jobs from industries subject to the above-described executive orders; this includes a combined loss of 29,300 jobs in the clothing stores industry, the furniture and home furnishings stores subsector, and the sporting goods, hobby, book, and music stores subsector between February 2020 and July 2020, which left employment in those industries and subsectors down 49.5%, 38.5%, and 24.2%, respectively, in July 2020 compared to July 2019.

         (c)   Within the personal and laundry services subsector, which includes barbershops, hair salons, and other personal care businesses, the city lost 22,800 jobs, leaving employment in that subsector down 34.4% in July 2020 compared to July 2019.

      5.   While businesses may be willing to weather the economic hardships imposed upon them by governmental measures to combat COVID-19 by either staying open or temporarily closing and later reopening, individual owners and other natural persons who personally guarantee the financial obligations of these businesses face a different and more substantial risk than losing revenue and profit. They risk losing their personal assets, including their possessions and even their own homes, transforming a business loss into a devastating personal loss. This is particularly a risk for small businesses, as the scale of the financial obligations of larger businesses generally renders having a natural person guarantee those obligations impracticable.

      6.   If these individual owners and natural persons are forced to close their businesses permanently now or to suffer grave personal economic losses like the loss of a home, the economic and social damage caused to the city will be greatly exacerbated and will be significantly worse than if these businesses are able to temporarily close and return or, failing that, to close later, gradually, and not all at once.

      7.   For the foregoing reasons, the council passed, and the mayor signed, local law number 55 for the year 2020, which provides temporary protections to natural persons who personally guarantee the financial obligations of businesses subject to the substantial occupancy limitations imposed by the above-described executive orders issued by the governor. These protections are, however, due to expire on September 30, 2020.

      8.   As of September 30, 2020, these businesses will have been either prohibited from operating with any indoor occupancy at all, or subject to significant indoor occupancy restrictions, for over six months, and it is likely that such significant indoor occupancy restrictions will continue for the foreseeable future as the so-called first wave of the COVID-19 crisis has not yet fully subsided and there is substantial risk of a second wave of the disease beginning in the fall or winter of 2020, particularly as the city enters its normal flu season.

      9.   Beginning on September 30, 2020, most of the businesses subject to the above-described executive orders will be able to operate with at least minimal indoor occupancy. Extending the duration of the personal liability protections contained within local law number 55 for the year 2020 by six months, as this local law does, is intended to provide these businesses a reasonable recovery period with a duration that is comparable to the period of time that these businesses were forced to close or operate with significant limitations on indoor occupancy and thereby to provide them with an opportunity to not only survive but also to generate sufficient revenues to defray owed financial obligations.

      10.   As with local law number 55 for the year 2020 before it, this local law does not, nor is it intended to, limit any other lawful remedies that a landlord may be able to seek against a commercial tenant itself, such as bringing suit against that tenant for damages; collecting or offsetting financial obligations by using the revenues, inventory, equipment, or other assets of that tenant; or evicting or declining to renew the lease or rental agreement of that tenant.

      11.   This local law also modifies the language of local law number 55 for the year 2020 to clarify the council's intent that its personal liability protections apply regardless of whether a personal liability provision appears within a commercial lease or other rental agreement itself or appears within a separate agreement relating to the same property.

   b.   For the foregoing reasons, the council finds that it is necessary and appropriate to extend the duration of the personal liability protections in local law number 55 for the year 2020.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. The department of small business services, or another mayoral agency or office designated by the mayor, shall conduct an information and outreach campaign to educate commercial tenants affected by this local law about its protections.

§ 4. This local law takes effect immediately.

L.L. 2020/099

Enactment date: 9/28/2020

Int. No. 2049-A

By Council Members Levine, Richards, Adams, Powers, Kallos, Salamanca, Reynoso, Ampry-Samuel, Lancman, Brannan, Rivera, Torres, Cabrera, Dromm, Grodenchik, Lander, Van Bramer, Cumbo, Moya, Louis, Ayala, Gibson, Cohen, Chin, Treyger, Rosenthal, Cornegy, Perkins, King and Rose

A Local Law to amend the administrative code of the city of New York, in relation to displaced hotel service workers and hotel service disruption notifications

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect immediately, except that subchapter 23 of chapter 5 of title 20 of the administrative code of the city of New York, as added by section two of this local law, takes effect 120 days after it becomes law, and provided that section two of this local law shall not apply to any agreement executed or transaction initiated prior to such effective date, and further provided that prior to such date, the commissioner of consumer and worker protection, or of any other agency designated by the mayor, as applicable, may promulgate any rules necessary for implementation of this local law and may take any other measures necessary for its implementation.

L.L. 2020/100

Enactment date: 10/17/2020

Int. No. 823-B

By Council Members Borelli, Cumbo, Powers, Koslowitz, Cornegy, Kallos, Constantinides, Chin and Rose

A Local Law in relation to allowing food service establishments to charge a COVID-19 recovery charge

Be it enacted by the Council as follows:

Section 1. Temporary COVID-19 recovery charge.

   a.   Definitions. For purposes of this subchapter, the following terms have the following meanings:

      COVID-19. The term "COVID-19" means the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

      Food service establishment. The term "food service establishment" has the same meaning as set forth in section 81.03 of the health code of the city of New York, except that it does not include pushcarts, stands, vehicles, or a food service establishment that is part of a chain with 15 or more locations nationally doing business under the same name and offering for sale substantially the same menu items.

      Stated price. The term "stated price" means the amount that a consumer owes for an individual listed item. The term "stated price" does not include any additional charge that was not included in the pricing of an individual listed item.

      Surcharge. The term "surcharge" means a charge imposed in addition to the stated price of individual listed items. The term "surcharge" does not include tax, gratuity, tip or a charge for the administration of a banquet, special function, or package deal pursuant to section 146-2.19 of subpart 146-2 of part 146 of subchapter B of chapter II of title 12 of the compilation of codes, rules and regulations of the state of New York.

   b.   A food service establishment may impose a surcharge of no more than 10% of a consumer's total bill, to be known as the "COVID-19 Recovery Charge."

   c.   The COVID-19 recovery charge may be imposed for on-premises dining only. Such surcharge may be imposed for indoor or outdoor dining but may not be imposed for takeout or delivery orders.

   d.   A food service establishment that imposes the COVID-19 recovery charge must conspicuously disclose the amount of such surcharge to a prospective consumer before any item is ordered by placing it at the bottom of each menu page supplied to the consumer. If no menus are used, the disclosure must be placed wherever food and beverage choices are listed. The disclosure must be:

      1.   Written;

      2.   Explicit that the COVID-19 recovery charge is a surcharge, not a gratuity for employees;

      3.   Clear and conspicuous;

      4.   Included on each page of any document, whether in paper or electronic format, that lists prices for the consumer, including but not limited to any paper or electronic menu;

      5.   In English, as well as in any other language used in the document upon which the surcharge is disclosed, unless such language is used solely in the names of items; and

      6.   In a font size similar to surrounding text.

   e.   A final consumer bill, and receipt if a receipt is provided, shall disclose the COVID-19 recovery charge and the total dollar amount attributable to such surcharge.

   f.   A food service establishment shall not give the COVID-19 recovery charge any other name, and shall reference such charge as the "COVID-19 Recovery Charge" on all disclosures required by this section, except that such charge may be referred to as the "COVID Charge" on any final consumer bill or receipt.

   g.   A food service establishment may not impose the COVID-19 recovery charge in addition to a charge for the administration of a banquet, special function, or package deal pursuant to section 146-2.19 of subpart 146-2 of part 146 of subchapter B of chapter II of title 12 of the compilation of codes, rules and regulations of the state of New York.

   h.   The provisions of this section apply only during the period in which a state disaster emergency has been declared by the governor of the state of New York in response to the outbreak of COVID-19, such declaration is in effect in the city and all food service establishments in the city are prohibited from operating at the maximum indoor occupancy, and for a period of 90 days thereafter.

   i.   The department of consumer and worker protection may promulgate such rules as are necessary to carry out the provisions of this subchapter, including, but not limited to, rules related to the form and manner of disclosures related to the COVID-19 recovery charge.

   j.   Enforcement. The violation of this subchapter, or any rule promulgated thereunder, shall be punishable by payment of a civil penalty in the amount of $50 to $350.

§ 2. This local law takes effect immediately.

L.L. 2020/101

Enactment date: 10/17/2020

Int. No. 1603-A

By Council Members Levine, Kallos, Lander, Constantinides, Rosenthal, Ayala, Louis, Chin, Barron, Eugene, Rivera and Adams

A Local Law to amend the administrative code of the city of New York, in relation to the use of certain credit information in the rental or leasing of affordable units by a developer

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect one year after it becomes law and shall only apply to the receipt of city financial assistance after such effective date, except that the department may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

L.L. 2020/102

Enactment date: 10/17/2020

Int. No. 1853-A

By Council Members Cornegy, Kallos, Vallone, Rosenthal, Brannan, Ayala, Louis, Chin, Grodenchik and Rivera

A Local Law in relation to requiring the department of buildings to report on the safety and feasibility of authorizing building exterior wall examinations by unmanned aircraft systems

Be it enacted by the Council as follows:

Section 1. The department of buildings shall conduct a study of the safety and feasibility of authorizing the use of unmanned aircraft systems, in conjunction with physical examinations and close-up inspections, for critical examinations of a building's exterior walls, required by section 28-302.2 of the administrative code of the city of New York. The department shall consider, but not be limited to, the following subjects:

   a.   Whether authorizing such examinations to be conducted with the use of unmanned aircraft systems would: (i) be prohibited by any provision of law, rules and regulations, policies or directives of the federal aviation administration; (ii) conflict with any rules, regulations or policies of any New York state or city agencies; (iii) provide any increase in pedestrian safety over that afforded by current building examination practices; (iv) reduce the use of sidewalk sheds and scaffolding citywide; and (v) provide any economic benefits through cost savings or job creation; and

   b.   Whether there are any other obstacles or concerns related to authorizing such examinations to be conducted through the use of unmanned aircraft systems, including but not limited to safety and privacy issues such as surveillance, data security and data retention.

§ 2. The department shall issue a report of the study's findings to the mayor and the speaker of the council upon completion of such study, which shall be no later than October 31, 2021.

§ 3. This local law takes effect immediately.