Provides that fees may be sought in certain summary proceedings between a cooperative housing corporation and a shareholder or occupant when the lease or occupancy agreement provides for the recovery of fees, legal fees, charges, surcharges, penalties, or assessments other than rent.
S T A T E O F N E W Y O R K
________________________________________________________________________
10799
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to the recovery of fees in certain summary proceedings
between a cooperative housing corporation and a shareholder or occu-
pant of such corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 702 of the real property actions
and proceedings law, as added by chapter 789 of the laws of 2021, is
amended to read as follows:
2. This section shall not apply to a summary proceeding in which the
parties are 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,
and a tenant who is] AND A SHAREHOLDER OR OCCUPANT OF a dwelling unit
[owner or shareholder] of such corporation, provided that the proprie-
tary lease or occupancy agreement between the cooperative housing corpo-
ration and the [tenant] SHAREHOLDER OR OCCUPANT provides for fees, LEGAL
FEES, charges, SURCHARGES, penalties or assessments other than rent to
be recoverable in such a proceeding.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15336-01-6
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