When bringing a Summary Eviction Proceeding for Non-Payment of Rent in New York State, many landlords mistakenly include late fees, utilities or attorney’s fees in their Demand for Rent or Eviction Petition.

New York State Real Property Actions and Proceedings Law §702(1) states: “In a proceeding related 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 rent 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.”

Even where a lease agreement makes provision for the recovery of attorney’s fees or utilities, these items should not be included in the Demand for Rent. Including anything other than rent in a Demand for Rent could be grounds for dismissal of the entire proceeding if the Court comes to the conclusion that the Tenant has been misled or subjected to confusion.

A Landlord hoping to recover late fees, utilities or attorney’s fees may have to bring a different proceeding in Small Claims Court (or a higher Court depending on the amount of money being sought).

In summary, a Summary Eviction Proceeding for the Non-Payment of Rent in New York State pertains to rent and rent only unless a lease agreement specifies otherwise. Even where a lease agreement allows for the recovery of other items, they should not be included in a Demand for Rent and the Landlord cannot bank on the Court awarding them even if properly plead in the Petition.