Respondent’s counterclaim for legal fees is unrelated because there is no statutory authority for respondent to recover legal fees in this commercial holdover proceeding and the lease does not provide for recovery of fees. Pursuant to Real Property Law § 234, attorney’s fees may be awarded, in appropriate circumstances, to a tenant who is a prevailing party in a controversy; however, Real Property Law § 234 is applicable only in the residential setting and not in the commercial context. (537 Greenwich LLC; 111 on 11 Realty Corp. v Norton, 191 Misc 2d 483, 486 [Civ Ct, Kings County 2002].) Accordingly, in the absence of a lease provision, this court is without jurisdiction to hear respondent’s counterclaim for legal fees, and it is stricken.
Similarly, respondent’s counterclaim for breach of the warranty of habitability is unrelated because the Civil Court has no jurisdiction to hear a breach of warranty of habitability claim in a commercial proceeding. (Disunno v WRH Props., LLC, 97 AD3d 780, 781 [2d Dept 2012]; Polak v Bush Lbr. Co., 170 AD2d 932 [3d Dept 1991]; Semans Family Ltd. Partnership v Kennedy, 177 Misc 2d 345, 350 [Civ Ct, NY County 1998].) The warranty of habitability contained in Real Property *1151Law § 235-b applies only to residential tenants. (Id.) Accordingly, respondent’s counterclaim for breach of warranty of habitability is stricken by this court. Similarly, respondent’s counterclaim seeking damages for repair costs is unrelated to nonpayment of rent. (See Prakhin v Fulton Towers Realty Corp., 122 AD3d 601, 603 [2d Dept 2014] [obligation of a commercial tenant to pay rent does not end if the tenant remains in possession even if the landlord fails to make essential repairs]; Ring v Arts Intl., Inc., 7 Misc 3d 869, 881 [Civ Ct, NY County 2004] [tenan