Cal. Civ. Code § 702
Rent in a residential dwelling
Operative Text
§ 702. Rent in a residential dwelling. 1. In a proceeding relating to a residential dwelling or housing accommodation, the term "rent" shall mean the monthly or weekly amount charged in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement. No fees, charges or penalties other than rent may be sought in a summary proceeding pursuant to this article, notwithstanding any language to the contrary in any lease or rental agreement. 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 a dwelling unit owner or shareholder of such corporation, provided that the proprietary lease or occupancy agreement between the cooperative housing corporation and the tenant provides for fees, charges, penalties or assessments other than rent to be recoverable in such a proceeding.
Under N.Y. Real Prop. Acts & Proc. Law § 702, the word 'rent' in residential summary proceedings is defined as the periodic amount—monthly or weekly—charged for the use and occupancy of a dwelling under a written or oral agreement. A key restriction flows from this definition: in a summary proceeding (such as a nonpayment eviction case), a landlord may only seek that rent amount and may not pursue additional fees, charges, or penalties, regardless of what a lease might say. A narrow exception exists for certain cooperative housing corporations whose proprietary leases or occupancy agreements expressly allow other charges to be recovered in such proceedings.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Acts & Proc. Law § 702 should be aware that summary proceedings in residential cases are limited to recovering rent as defined by the statute—the periodic amount charged for occupancy. Compliant operators generally do not include claims for late fees, administrative charges, or other penalties in a nonpayment summary proceeding, even if those items appear in the lease. Operators involved with cooperative housing structures may want to review whether their entity and governing documents fall within the cooperative exception described in § 702(2).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 702 provides tenants with a meaningful protection: in a residential summary proceeding, a landlord is generally limited to seeking only the defined 'rent' and cannot use that proceeding to collect fees, charges, or penalties, even if the lease purports to allow it. If a landlord attempts to recover such additional amounts in a summary proceeding, a tenant may be able to raise the statutory limitation as a defense in that proceeding. Tenants who believe this provision is being violated can explore options such as raising the issue before the court, contacting a local tenant-rights organization, or reaching out to a housing court assistance program for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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