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What is NYC AC § 22-904?

Quick Answer

This section outlines affirmative defenses against allegations of commercial tenant harassment related to specific conditions or service interruptions. It specifies that a landlord can defend themselves by demonstrating that the actions were not intended to cause a tenant to vacate and that they acted in good faith to resolve the issues. Applies to landlords involved in commercial leasing.

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

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§ 22-904 Affirmative defenses.

AC § 22-904

It is an affirmative defense to an allegation of commercial tenant harassment of the kind described in paragraphs 2, 3, 4, 6, 7, 8, 9 and 10 of subdivision a of section 22-902 that (i) such condition or service interruption was not intended to cause any commercial tenant to vacate a covered property or waive or surrender any rights in relation to such covered property, and (ii) the landlord acted in good faith in a reasonable manner to promptly correct such condition or service interruption, including providing notice to all affected lawful tenants in a covered property of such efforts, where appropriate. (L.L. 2016/077, 6/28/2016, eff. 9/26/2016)

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