RPAPL 775 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 774 Trial up 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 next SECTION 776 Judgment Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 775 Defenses Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-A § 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.