Cal. Civ. Code § 234-A
Unauthorized legal fees
Operative Text
§ 234-a. Unauthorized legal fees. (a) An owner, lessor or agent thereof shall be prohibited from assessing a lessee any fee, surcharge or other charges for legal services in connection with the operation or rental of a residential unit unless the owner, lessor or agent has the legal authority to do so pursuant to a court order. The provisions of this subdivision shall not apply to a shareholder of a cooperative housing corporation, provided, however, that the provisions of this subdivision shall apply with respect to any tenant or subtenant of such a shareholder. (b) Legal services include, but are not limited to, court fees, legal representation, attorney fees, notary public charges, and administrative fees incurred by the owner, lessor or agent in connection with management of the building, including actions and proceedings in a court of law. (c) Any agreement or assessment contrary to this section shall be void as contrary to public policy.
N.Y. Real Prop. Law § 234-A prohibits residential landlords, lessors, and their agents from passing legal costs—such as attorney fees, court fees, notary charges, or related administrative expenses—on to tenants unless a court order specifically authorizes it. The rule covers a broad range of legal services connected to building management and legal proceedings. Any lease clause or charge that conflicts with this provision is automatically void as against public policy. The rule applies to tenants and subtenants of cooperative shareholders, though the cooperative shareholders themselves are not covered.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 234-A, compliant residential property owners and managers generally refrain from billing tenants for any legal services costs—including attorney fees, court filing fees, notary charges, or internal administrative legal expenses—unless a court order expressly permits such a charge. Operators typically review lease agreements to ensure no clause attempts to shift these costs to tenants, since any such provision is rendered void by the statute. Building managers who oversee properties where cooperative shareholders sublet units should be aware that § 234-A's protections extend to those tenants and subtenants as well.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 234-A gives residential tenants a clear protection against being billed for a landlord's legal costs, including attorney fees, court fees, notary charges, or management-related legal expenses, absent a court order authorizing such a charge. If a lease contains a clause requiring payment of such fees, or if a landlord attempts to collect them, § 234-A renders that clause or assessment void as contrary to public policy, which tenants may be able to raise as a defense in a legal proceeding. Tenants who believe this provision has been violated can explore options such as contacting a local tenant-rights organization, reaching out to a housing court self-help center, or consulting with an attorney familiar with New York residential landlord-tenant law.
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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