NY State — NY Real Property Actions & Proceedings Law

§ 796-G — SECTION 796-G Defenses

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

What is NY RPAPL § 796-G?

Quick Answer

This section outlines defenses available to property owners, mortgagees, or lienors in proceedings related to alleged conditions in a dwelling. It specifies that owners may defend against claims by proving conditions did not exist, were caused by tenants or their guests, or were unaddressed due to tenant refusal of entry. Applies to property owners involved in legal proceedings regarding dwelling conditions.

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

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§ 796-G SECTION 796-G Defenses

RPAPL § 796-G

§ 796-g. Defenses. It shall be a sufficient defense to the proceeding, if the owner or any mortgagee or lienor of record establish that:

1.The condition or conditions alleged in the petition did not in fact exist or that such condition or conditions have been removed or remedied; or

2.Such condition or conditions have been caused by a petitioning tenant or tenants or members of the family or families of such petitioner or petitioners or of their guests or by other residents of the dwelling or their families or guests; or

3.Any tenant or resident of the dwelling has refused entry to the owner or the owner's agent to a portion of the premises for the purpose of correcting such condition or conditions.

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