Late Fee Was Excessive

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of maintenance fees. Landlord also included a claim for $150 per month late fees for nonpayment. The court ruled for landlord in part. Tenant owed the maintenance, and landlord received a judgment for the full amount due. But the $150 late fee charged on a $494 maintenance payment due equaled 30 percent of the maintenance fee, and was excessive. Tenant didn't have to pay the disproportionate late fee.

Vernon Manor Coop. Apts. Sec. II Inc. v. Brisport: 2019 NY Slip Op 50035(U), NYLJ No. 1548639497 (City Ct. Westchester; 1/16/19; Armstrong, J)