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.
STATE OF NEW YORK
________________________________________________________________________
10798
IN ASSEMBLY
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 law, in relation to the recovery of
attorneys' fees in the event of certain default judgments where a
tenant is a dwelling unit owner or shareholder of a cooperative hous-
ing corporation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 234 of the real property law, as
2 added by chapter 789 of the laws of 2021, is amended to read as follows:
3 2. Notwithstanding the provisions of subdivision one of this section,
4 where a tenant is a dwelling unit owner or shareholder of a cooperative
5 housing corporation, [other than a cooperative housing corporation
6 subject to the provisions of article two, article four, article five or
7 article eleven of the private housing finance law,] attorney's fees may
8 be awarded to either party in the event of default judgment if recovery
9 of attorney's fees is provided for in the proprietary lease or occupancy
10 agreement.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15334-01-6
