Skip to main content
CityRuleLookup
Key FactsOrdinance TextFull BreakdownViolationsFAQSourcesMore in New York

New York, NY Rental Property Rules: Pass-Through Charges (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
NYC Admin Code § 26-416
Effective
December 21, 2021
Covers
Legal fees, notary, admin costs
Exception
Only with a court order
Related rule
No AC surcharge if tenant pays electric (§ 26-417)

Summary

New York City bans landlords from billing residential tenants for legal fees, notary charges, or building-management admin costs unless a court order allows it.

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.

Source: DHCR MCI and IAI RulesView official code

Full Breakdown

Administrative Code § 26-416 prohibits an owner, lessor, or agent from assessing a residential tenant any fee, surcharge, or other charge for legal services tied to operating or renting the unit, absent specific court authorization. Covered costs include court fees, attorney fees, legal representation, notary charges, and administrative fees the owner incurs managing the building. Any lease clause or assessment attempting this is void as against public policy. A related provision, § 26-417, separately bars owner surcharges on tenant-installed window air conditioners when the tenant already pays for the electricity.

Violations & Fines

Any lease clause, invoice, or fee demand passing legal or building-management costs to a tenant without a qualifying court order is void and unenforceable; tenants can raise it as a defense in Housing Court and pursue Civil Court claims to recover amounts wrongly charged.

Frequently Asked Questions

Can my NYC landlord bill me for the eviction case's attorney fees?
No. Section 26-416 voids any charge for legal services connected to renting or operating the unit unless a court order specifically authorizes it.
Can my landlord add a fee if I install my own window AC?
No, under § 26-417, if you already pay for the electricity the unit uses, the landlord cannot add a separate surcharge for the AC itself.

Sources & Official References

Other rules in New York

Fire Regulations: Fire Pits & Backyard FiresSome RestrictionsRelocation AssistanceSome RestrictionsTenant Anti-HarassmentSignificant RestrictionsMold DisclosureSome RestrictionsCash-for-Keys AgreementsSome RestrictionsRepairs & HabitabilitySome RestrictionsSection 8 Voucher AcceptanceSignificant RestrictionsSource-of-Income DiscriminationSignificant RestrictionsRent Increase NoticeSome RestrictionsRental RegistrationSome RestrictionsRent ControlSignificant RestrictionsParking Rules: Towing & Impound RightsHeavy RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSome RestrictionsAnimal Ordinances: Pet Store RulesHeavy RestrictionsAnimal Ordinances: Bird ProtectionHeavy RestrictionsFire Regulations: Wildfire ZonesLight Restrictions

All New York rules

New York rules heatmap·Compare New York to another location·View the New York rental property rules overview

Get notified when Pass-Through Charges in New York, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.