N.Y. Real Property Actions and Proceedings Law 796-G – Defenses
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§ 796-g. 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 796-G
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Owner: means the owner or owners of the dwelling, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person or entity 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 796
- premises: means 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 as such, including, but not limited to, an apartment building, a condominium, a townhouse, a single-family house or a multiple-family residence building. See N.Y. Real Property Actions and Proceedings Law 796
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.