New York 2025-2026 Regular Session

New York Assembly Bill A10798

Introduced
4/1/26  

Caption

Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.

Impact

The introduction of A10798 represents a significant shift in the handling of default judgments in housing-related disputes. Traditionally, the awarding of attorneys' fees was subject to specific definitions and limitations; thus, this change could potentially increase the financial liability for landlords and enhance protections for tenants who are also owners in cooperative arrangements. By explicitly allowing for the recovery of such fees, the bill has implications for how residential leases are negotiated and executed, particularly in regard to cooperative housing.

Summary

Bill A10798 aims to amend the real property law in New York concerning the awarding of attorneys' fees in specific legal circumstances. The bill stipulates that in instances of default judgment related to leases of residential properties, either party can receive attorneys' fees if such a recovery is specified in the proprietary lease or occupancy agreement. This provision is particularly focused on situations where the tenant is also a dwelling unit owner or a shareholder in a cooperative housing corporation. The bill emphasizes clarity in the agreements governing cooperative housing arrangements.

Contention

The bill may face scrutiny regarding its effects on cooperative housing dynamics. Proponents argue that allowing for attorneys' fees can discourage landlords from engaging in frivolous lawsuits against tenant-shareholders, which would thereby create a fairer housing environment. On the other hand, critics may raise concerns about how this could impact the financial operations of cooperative housing corporations, possibly leading to increased costs that could be passed onto all shareholders in the form of higher dues or assessments.

Companion Bills

NY S09574

Same As Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.

Previously Filed As

NY S09574

Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.

NY S09575

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.

NY A10799

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.

NY S09572

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY A10983

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY S01745

Provides that the term "landlord" when used in the real property law, shall not include or apply to any corporation, entity or organization, hereinafter known as a "cooperative entity" that is or is operating for the purpose of providing housing and/or residences for its shareholders by leasing or subleasing to such shareholders, under proprietary leases or occupancy agreements or subleases of such leases or occupancy agreements of apartments or residences in the buildings or premises owned by such cooperative entities; makes related provisions for the term "tenant".

NY A01701

Provides that the term "landlord" when used in the real property law, shall not include or apply to any corporation, entity or organization, hereinafter known as a "cooperative entity" that is or is operating for the purpose of providing housing and/or residences for its shareholders by leasing or subleasing to such shareholders, under proprietary leases or occupancy agreements or subleases of such leases or occupancy agreements of apartments or residences in the buildings or premises owned by such cooperative entities; makes related provisions for the term "tenant".

NY S07595

Enacts the "fair addition in rental (F.A.I.R) leases act"; authorizes a tenant to add dwelling occupants to residential dwelling or housing accommodation leases upon request of the lease holder; if such occupant is at least 18 years old; and such occupant provides proof of currently residing in such dwelling; prohibits a landlord from increasing the rent or imposing a fee for the purpose of adding occupants to the lease.

NY S09796

Prohibits pre-payment penalties for mortgages secured by real property owned in a cooperative form of ownership where over fifty percent of the units are shareholder occupied.

NY S08912

Increases transparency in cooperative housing corporations by giving shareholders more rights to information of the co-op and limiting the powers of management companies and boards.

Similar Bills

No similar bills found.