N.Y. Real Property Actions and Proceedings Law 775 – Defenses
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§ 775. Defenses. It shall be a sufficient defense to the proceeding, if the owner or any mortgagee or lienor of record establish that:
Terms Used In N.Y. Real Property Actions and Proceedings Law 775
- dwelling: shall mean any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other; or is a garden-type maisonette dwelling project as defined in the multiple dwelling law or other similar dwellings which in their aggregate are arranged or designed to provide three or more apartments, have common facilities such as but not limited to a sewer line, water main, or heating plant and are operated as a unit under common ownership, notwithstanding that certificates of occupancy were issued for portions thereof as one or two family dwellings or that the dwellings are not a multiple dwelling as defined in the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 782
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- owner: shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to § 309 of the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 781
a. 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
b. Such condition or conditions has 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
c. Any tenant or resident of the dwelling has refused entry to the owner or his agent to a portion of the premises for the purpose of correcting such condition or conditions.