New York 2025-2026 Regular Session

New York Senate Bill S09574

Introduced
3/25/26  

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 passage of S09574 aims to enhance the rights of tenants who are also owners or shareholders within cooperative housing scenarios. By explicitly allowing for the recovery of attorneys' fees in default judgments, the bill seeks to level the playing field in legal disputes over rental agreements. This could lead to increased legal actions initiated by tenants, as they may feel more empowered to challenge defaults without the fear of prohibitive legal costs. The amendment is also expected to encourage landlords to resolve disputes more amicably, knowing that the costs could become part of the consideration in any judgment rendered.

Summary

Bill S09574 amends the real property law in New York to allow either party in residential lease agreements, where the tenant is a dwelling unit owner or shareholder of a cooperative housing corporation, to recover attorneys' fees in the event of a default judgment. This bill provides clarity on the conditions under which attorneys' fees can be awarded, stipulating that such recovery is contingent upon provisions included in the proprietary lease or occupancy agreement. This change aims to ensure fairness and transparency for both landlords and tenants in legal proceedings related to housing disputes.

Contention

While the bill appears beneficial for tenants, there could be concerns from landlords regarding the potential for increased litigation. Some stakeholders may opine that the allowance for recovery of attorneys' fees could lead to aggressive actions by tenants in disputes. There could also be discussions around the clarity of terms related to what constitutes a 'default' and the circumstances under which fees are deemed recoverable, raising questions about the balance of interests between tenants and landlords. Moreover, debates may arise in terms of how the bill aligns with existing regulations and whether it creates an undue burden on cooperative housing corporations.

Companion Bills

NY A10798

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 A10798

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.