N.Y. Real Property Actions & Proceedings Law § 702: Rent in a residential dwelling

§ 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.