Kiritsis & Associates
The concept of "additional rent" in New York real property contracts.
Jul 26, 2021
Law Offices of Kiritsis & Associates — (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
“Additional rent” obligations can make a tenant liable in many ways, especially in housing court actions. Real property laws are state laws. New York commercial leases may allow parties to waive certain statutory rights.
The Constitution allows wide freedoms to contract or not to contract. Landlords often favor net leases because they absolve landlords from duties to maintain the property.
Depending on the situation, it may be the case, that commercial and residential landlords, may be subject-able in reporting rent roll receipt figures, in some way, shape and/or form. Whether or not a New York real property owner is subject to that requirement, could extenuate other issues, as it pertains to the points raised by this legal-guide article's title.
The use of such lease terms may substantially reduce a tenant’s legal protection in New York City Housing Court legal proceedings. Tip: It may be helpful to thoroughly review and analyze rent receipt payments to avoid potential misunderstandings and any potential legal disputes regarding “additional rent” charges.
The practical restraints brought on to the operations of the New York Judiciary System by the Coronavirus-related shutdowns, may have made much of the substance of this brief analysis, an incomplete and/or incorrect generalized explanation, of what is an already heavily technical and complicated topical area, within the study of jurisprudence.
To better assist in a quest of further analyzing this type of question(s) as revolving per this legal guide article, it may be useful to make additional inquiries, such as: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations? Should the lease contain specific clauses regarding issues with security deposits?
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Sources:
HSTPA of 2019
New York Real Property Law (NY RPL) Section 7
New York City Department of Buildings
New York State Bar Association
New York Uniform Vendor Purchaser Risk Act
NY RPL §223
NY RPL §227
NY RPL §235
Brown v. Volkening, 64 N.Y. 76 (1876)
Matter of City of New York [Braddock Ave.], 251 App. Dir. 669 (2nd Dept. 1937)
Johnson v. Depew, 33 A.D.2d 645 (4th Dept. 1969)
V.R.W., Inc. v. Klein 68 N.Y.2d 560 (1986)
Stambovsky v. Ackley, 169 A.D.2d 254 (1st Dept. 1991)
Holy Props. Ltd., L.P. v. Cole Prods. Inc., 87 N.Y.2d 130 (1995)
Wells Fargo Bank N.A. v. Carney, S.O. A.D.3d 287 (1st Dept. 2008)
Island Fed. Credit Union v. Smith, 60 A.D.3d 730 (2nd Dept. 2009)
U.S. Bank v. Dellermo, 94 A.D.3d 746 (2nd Dept. 2012)
Carlo v. Koch-Matthews, 53 Misc 3d 466 (Cohoes City Court 2016)
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