Cal. Civ. Code § 235-H
Waiver of right to bring a declaratory judgment action
Operative Text
§ 235-h. Waiver of right to bring a declaratory judgment action. No commercial lease shall contain any provision waiving or prohibiting the right of any tenant to bring a declaratory judgment action with respect to any provision, term or condition of such commercial lease. The inclusion of any such waiver provision in a commercial lease shall be null and void as against public policy.
Under N.Y. Real Prop. Law § 235-H, any clause in a commercial lease that attempts to strip a tenant of the right to seek a declaratory judgment—a court ruling clarifying the meaning or validity of a lease term—is automatically void and unenforceable as a matter of public policy. The rule applies regardless of whether both parties agreed to the waiver at the time of signing. In effect, the law preserves a tenant's access to the courts to resolve disputes about what a commercial lease actually means or requires.
Plain English — not legal advice.
Operators and property managers drafting or reviewing commercial leases should be aware that N.Y. Real Prop. Law § 235-H renders any clause purporting to waive a tenant's right to bring a declaratory judgment action legally ineffective from the moment it is included. A compliant lease simply omits such provisions entirely, since their presence does not bind the tenant but may complicate enforcement of other lease terms. Periodic review of standard lease templates with qualified counsel helps ensure that no such prohibited language has been carried over from older forms.
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 § 235-H protects commercial tenants by ensuring that any lease clause attempting to block them from seeking a court declaration about a lease provision, term, or condition is null and void. If a landlord attempts to enforce such a waiver or argues that a tenant gave up this right, the tenant may raise the provision's invalidity as a defense in any related proceeding. Tenants who encounter such clauses or related disputes may benefit from consulting a tenant-rights organization or independent legal counsel familiar with New York commercial 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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