NY State — NY Real Property Actions & Proceedings Law

§ 744 — SECTION 744 Eviction based on domestic violence victim status prohibited

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

What is NY RPAPL § 744?

Quick Answer

This section prohibits the eviction of tenants based on their status as victims of domestic violence. It establishes that such status serves as a defense in possession recovery proceedings, allowing landlords to rebut this defense only with lawful grounds not related to domestic violence. Applies to landlords of residential units, excluding owner-occupied buildings with two or fewer units.

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

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§ 744 SECTION 744 Eviction based on domestic violence victim status prohibited

RPAPL § 744

1.A tenant shall not be removed from possession of a residential unit pursuant to this article because of such person's domestic violence victim status, as defined in section two hundred twenty-seven-d of the real property law. It shall be a defense to a proceeding to recover possession of a residential unit that a landlord seeks such recovery because of a person's domestic violence victim status, and that, but for such status, the landlord would not seek to recover possession. A landlord may rebut such defense by showing that he or she seeks to recover possession of a residential unit because of any other lawful ground.

2.Nothing in this section shall restrict a landlord's legal rights to recover possession of a residential unit on grounds not based on or derived from domestic violence victim status.

3.A landlord shall not be civilly liable to other tenants, guests, invitees, or licensees arising from reasonable and good faith efforts to comply with this section.

4.This section shall not apply to buildings used for dwelling purposes that are owner occupied and have two or fewer residential units.

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