New York Real Property Actions & Proceedings Law Article 7-A - SPECIAL PROCEEDINGS BY TENANTS OF DWELLINGS IN THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, ROCKLAND AND WESTCHESTER FOR JUDG

• 769 - Jurisdiction; Court; Venue.
  1. A special proceeding by tenants of a dwelling in the city of New York or the counties of Nassau, Suffolk, Rockland and Westchester for...
• 770 - Grounds for the Proceeding.
  1. One-third or more of the tenants occupying a dwelling located in the city of New York or the commissioner of the department of the...
• 771 - Commencement; Notice of Petition; Time and Manner of Service.
  1. A special proceeding prescribed by this article shall be commenced by the service of a petition and notice of petition. A notice of petition...
• 772 - Contents of Petition.
  The petition shall: 1. Allege material facts showing that there exists in such dwelling or any part thereof one or more of the following: a...
• 773 - Answer.
  At the time when the petition is to be heard, the owner and any mortgagee or lienor of record, shall answer in writing. If the...
• 774 - Trial.
  Where triable issues of fact are raised, they shall be tried by the court without a jury at the time when issue is joined. However,...
• 775 - Defenses.
  It shall be a sufficient defense to the proceeding, if the owner or any mortgagee or lienor of record establish that: a. The condition or...
• 776 - Judgment.
  The court shall render a final judgment either a. Dismissing the petition for failure to affirmatively establish the allegations thereof or because of the affirmative...
• 777 - Application by Mortgagee or Lienor of Record or Other Person Having an Interest in the Property.
  a. If, after a trial, the court shall determine that the facts alleged in the petition have been affirmatively established by the petitioners, that no...
• 778 - Appointment of Administrator.
  1. The court is authorized and empowered, in implementation of a judgment rendered pursuant to section seven hundred seventy-six or seven hundred seventy-seven of this...
• 779 - Presentation or Settlement of Accounts.
  The court shall require the keeping of written accounts itemizing the receipts and expenditures under an order issued pursuant to section seven hundred seventy-six or...
• 780 - Waiver Void.
  Any provision of a lease or other agreement whereby any provision of this article for the benefit of a tenant, resident or occupant of a...
• 781 - "Owner" Defined.
  As used in this article, the term "owner" shall mean and include the owner or owners of the freehold of the premises or lesser estate...
• 782 - "Dwelling" Defined.
  As used in this article, the term "dwelling" shall mean any building or structure or portion thereof which is occupied in whole or in part...
• 783 - Defense of Warranty of Habitability Inapplicable.
  Notwithstanding any other provision of law, in any proceeding for the payment of rent commenced by an administrator appointed pursuant to this article, the provisions...

Last modified: February 3, 2019