N.Y. Real Property Law Section 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property


1.

Whenever a lease of residential property shall provide that in any action or summary proceeding the landlord may recover attorneys’ fees and/or expenses incurred as the result of the failure of the tenant to perform any covenant or agreement contained in such lease, or that amounts paid by the landlord therefor shall be paid by the tenant as additional rent, there shall be implied in such lease a covenant by the landlord to pay to the tenant the reasonable attorneys’ fees and/or expenses incurred by the tenant as the result of the failure of the landlord to perform any covenant or agreement on its part to be performed under the lease or in the successful defense of any action or summary proceeding commenced by the landlord against the tenant arising out of the lease, and an agreement that such fees and expenses may be recovered as provided by law in an action commenced against the landlord or by way of counterclaim in any action or summary proceeding commenced by the landlord against the tenant. A landlord may not recover attorneys’ fees upon a default judgment. Any waiver of this section shall be void as against public policy.

2.

Notwithstanding the provisions of subdivision one of this section, where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, attorney’s fees may be awarded to either party in the event of default judgment if recovery of attorney’s fees is provided for in the proprietary lease or occupancy agreement.

Source: Section 234 — Right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property, https://www.­nysenate.­gov/legislation/laws/RPP/234 (updated Dec. 31, 2021; accessed Jun. 8, 2024).

220
Action for use and occupation
221
Rent due on life leases recoverable
222
When rent is apportionable
223
Rights where property or lease is transferred
223‑A
Remedies of lessee when possession is not delivered
223‑B
Retaliation by landlord against tenant
224
Attornment by tenant
225
Notice of action adverse to possession of tenant
226
Effect of renewal on sub-lease
226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements
226‑B
Right to sublease or assign
226‑C
Notice of rent increase or non-renewal of residential tenancy
227
When tenant may surrender premises
227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...
227‑B
Termination of certain contracts by senior citizens
227‑C
Termination of residential lease by victims of domestic violence
227‑D
Discrimination based on domestic violence status
227‑E
Landlord duty to mitigate damages
227‑F
Denial on the basis of involvement in prior disputes prohibited
228
Termination of tenancies at will or by sufferance, by notice
229
Liability of tenant holding over after giving notice of intention to quit
230
Right of tenants to form, join or participate in tenants’ groups
231
Lease, when void
231‑A
Sprinkler system notice in residential leases
231‑B
Flood history and risk notice in residential leases
231‑C
Good cause eviction law notice
232
Duration of certain agreements in New York
232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
232‑C
Holding over by a tenant after expiration of a term longer than one month
233
Manufactured home parks
233‑A
Sale of manufactured home parks
233‑B
Manufactured home parks
233‑B*2
Campgrounds
234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
234‑A
Unauthorized legal fees
235
Wilful violations
235‑A
Tenant right to offset payments and entitlement to damages in certain cases
235‑B
Warranty of habitability
235‑BB
Certificates of occupancy
235‑C
Unconscionable lease or clause
235‑D
Harassment
235‑E
Duty to provide a written receipt
235‑F
Unlawful restrictions on occupancy
235‑G
Electronic billing and/or payment of rent
235‑H
Waiver of right to bring a declaratory judgment action
235‑I
Unreasonable tenant fees for reproductions of keys
236
Assignment of lease of a deceased tenant
236‑A
Termination of lease of a deceased tenant
237
Discrimination in leases with respect to bearing of children
237‑A
Discrimination against children in dwelling houses and manufactured home parks
238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies
238‑A
Limitation on fees

Accessed:
Jun. 8, 2024

Last modified:
Dec. 31, 2021

§ 234’s source at nysenate​.gov

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