N.Y.C. Admin. Code tit. 26, ch. 3 § 26-416
Unauthorized legal fees (City Rent and Rehabilitation Law)
Operative Text
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. 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. Any agreement or assessment to the contrary shall be void as contrary to public policy. (2021 N.Y. Laws Ch. 695, 12/21/2021, eff. 12/21/2021)
Under N.Y.C. Admin. Code § 26-416, residential landlords, lessors, and their agents are generally barred from passing legal-related costs on to tenants unless a court order specifically authorizes it. The category of prohibited charges is broad, covering court fees, attorney fees, notary charges, and administrative fees tied to building management or legal proceedings. Any lease clause or billing that attempts to impose such charges is considered void as a matter of public policy.
Plain English — not legal advice.
N.Y.C. Admin. Code § 26-416 means that compliant operators do not bill tenants for legal costs—such as attorney fees, court filing fees, or notary charges—arising from building management or litigation, absent a court order permitting the pass-through. Operators generally review their lease agreements and billing practices to ensure no such charges appear as line items, surcharges, or embedded fees. Because any agreement to the contrary is void under this provision, including such language in a lease does not make it enforceable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 26-416 of the N.Y.C. Administrative Code gives residential tenants a basis to challenge any fee, surcharge, or charge for legal services that a landlord, lessor, or their agent imposes without a court order authorizing it. Tenants who believe they have been assessed such charges may consider raising the provision as a defense in housing court, filing a complaint with the New York City Department of Housing Preservation and Development, or reaching out to a tenant-rights organization for general information about available options. Because any agreement or assessment that violates § 26-416 is declared void as contrary to public policy, the charge itself may have no legal standing regardless of what a lease says.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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