NY RPAPL › 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 Judgment Directing Deposit of Rents and the Use Thereof For the Purpose of Remedying Conditions Dangerous to Life, Health or Safety

§ 775 Defenses

§ 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 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.

Source: NY RPAPL, as published by the New York State Senate's Open Legislation service
Last amended: Effective September 22, 2014
Checked: Matched the official code on October 1, 2026

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Amendment history

Text in force in this form since 2014-09-22 per NY Senate Open Legislation (eff. 9/22/2014)

Official text. How it applies depends on your facts; this is not legal advice.Other laws and court decisions can change how a section applies to you, so treat the text as a starting point.