§ 702. Rent in a residential dwelling. 1. In a proceeding relating to
a residential dwelling or housing accommodation, the term "rent" shall
mean the monthly or weekly amount charged in consideration for the use
and occupation of a dwelling pursuant to a written or oral rental
agreement. No fees, charges or penalties other than rent may be sought
in a summary proceeding pursuant to this article, notwithstanding any
language to the contrary in any lease or rental agreement.

2. This section shall not apply to a summary proceeding in which the
parties are a cooperative housing corporation, other than a cooperative
housing corporation subject to the provisions of article two, article
four, article five or article eleven of the private housing finance law,
and a tenant who is a dwelling unit owner or shareholder of such
corporation, provided that the proprietary lease or occupancy agreement
between the cooperative housing corporation and the tenant provides for
fees, charges, penalties or assessments other than rent to be
recoverable in such a proceeding.