NY State — NY Real Property Law

§ 235-C — SECTION 235-C Unconscionable lease or clause

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 235-C?

Quick Answer

This section addresses the enforceability of leases or clauses deemed unconscionable by the court at the time of their creation. The court has the discretion to refuse enforcement, enforce the remainder of the lease, or limit the application of the unconscionable clause. Applies to landlords and tenants involved in lease agreements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 235-C SECTION 235-C Unconscionable lease or clause

RPL § 235-C

§ 235-c. Unconscionable lease or clause.

1.If the court as a matter of law finds a lease or any clause of the lease to have been unconscionable at the time it was made the court may refuse to enforce the lease, or it may enforce the remainder of the lease without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

2.When it is claimed or appears to the court that a lease or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose and effect to aid the court in making the determination.

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