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NY State — NY Real Property Law

§ 235-H — SECTION 235-H Waiver of right to bring a declaratory judgment action

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

What is NY RPL § 235-H?

Quick Answer

This section prohibits any commercial lease from containing a provision that waives or prohibits a tenant's right to bring a declaratory judgment action regarding the lease's terms. Such waiver provisions are deemed null and void as they are against public policy. Applies to commercial landlords and tenants.

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

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§ 235-H SECTION 235-H Waiver of right to bring a declaratory judgment action

RPL § 235-H

§ 235-h. Waiver of right to bring a declaratory judgment action. No commercial lease shall contain any provision waiving or prohibiting the right of any tenant to bring a declaratory judgment action with respect to any provision, term or condition of such commercial lease. The inclusion of any such waiver provision in a commercial lease shall be null and void as against public policy.

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