Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 26-3402?

Quick Answer

This section limits the fees a landlord can recover from a tenant for mitigating damages to the fair market cost necessary for preparing the premises for rental. The landlord is required to provide an itemized list demonstrating the calculation of such costs. Applies to landlords seeking recovery from tenants.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 26-3402 Limitation of fees.

AC § 26-3402

Where a landlord has a duty to mitigate damages, such landlord may not recover from a tenant any amount in excess of the fair market cost necessary to prepare the physical conditions of the premises for rental. In seeking such amount from a tenant, such landlord must provide an itemized list to such tenant demonstrating the calculation of such amount. (L.L. 2021/169, 12/24/2021, eff. 6/22/2022; Renumbered L.L. 2023/030, 2/21/2023, eff. 10/19/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/169.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 26-3402?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters