dliu1/legal-llama-raw-text huggingface dataset:
5. In any proceeding under this section there shall be an irrebuttable
presumption that a rent increase is justifiable when the amount of  such
increase  does not exceed the tenant's pro-rata share in operating costs
and  property  taxes  for  the  manufactured  home  park  in  which  the
manufactured home owner resides.
6.  (a)  In  determining  whether  a rent increase is permissible, the
court shall consider the provisions of paragraphs (a), (b)  and  (c)  of
subdivision  two  of  this  section.  Notwithstanding  the  above,  rent
increases shall not exceed six percent above the rent since the  current
rent  became effective, except upon the approval of a temporary hardship
application by  the  court.  In  addition  to  the  provisions  of  this
paragraph and paragraphs (b) and (c) of this subdivision the court shall
take  into  account  the  following  factors when determining whether to
grant a temporary hardship application:
(i) The amount of increase being sought by the park owners;
(ii) The ability of the manufactured home owner to pay  such  increase
including whether the increase would have an unreasonable adverse impact
on the manufactured home owner;
(iii)  The  amount  of time and notice the manufactured home owner may
need in order to pay a temporary rent increase;
(iv) The duration the  park  owners  intend  for  the  temporary  rent
increase to last;
(v)  The cause of the hardship the rent increase is being requested to
alleviate, including whether the hardship was due  to  owner  negligence
and malfeasance;
(vi)  The  ability of the park owners to utilize other means besides a
rent increase to alleviate said hardship;
(vii) The likelihood that the property the manufactured home  park  is
located  on  will go into foreclosure if a temporary rent increase above
six percent is not granted;
(viii) Any other factor that will jeopardize the ability of  the  park
to legally operate.
(b)  A  court  order  approving a temporary hardship application shall
state for each manufactured home owner:
(i) The amount of the rent increase;
(ii) The date the rent increase is to take effect;
(iii) The date the increase is to end;
(iv) The amount the rent will return to; and
(v) The court's findings as to the factors necessitating  a  temporary
increase.
(c) Upon a finding by the court that the manufactured home park should
be  granted  a hardship exemption, the amount of any rent increase shall
be the minimum amount to alleviate the hardship.  An  order  granting  a
temporary  rent  increase shall not exceed six months. The order must be
served on the manufactured home  owners  and  all  known  legal  tenants
pursuant to the rules of civil procedure within thirty days of the court
order, the cost of which shall be on the manufactured home park owner.
7.  The court may condition its approval of any rent increase upon the
redress of conditions in the manufactured home park which  threaten  the
health and safety of the manufactured home tenant.
8.  While  a  challenge to a rent increase pursuant to this section is
pending, manufactured home park tenants shall pay the amount of the rent
increase to the manufactured home park owner who shall hold such amounts
in escrow pending a mediated agreement between the parties  or  a  final
decision  from  the courts, provided, however, that no manufactured home
park tenant shall be evicted for non-payment of the rent increase  prior
to  the final disposition of the matter by the court in the county where
the manufactured home park is located. Failure by the manufactured  home
park  owner  to  place  such challenged rent increase in escrow shall be
punishable by a civil penalty of not more than five hundred dollars.  If
the  petitioners appeal, the manufactured home park owner may remove the
rent increase funds from escrow, mingle such funds with any other funds,
and commence  a  nonpayment  proceeding  in  the  court  of  appropriate
jurisdiction  against a tenant who has not paid the increase of rent. If
the court enters a final judgment declaring the rent  increases  or  any
part thereof unjustifiable and impermissible, the manufactured home park
owner  shall  refund  the  amount  of the impermissible increase to each
tenant household.
* NB There are 2 § 233-b's
§ 233-b. Campgrounds. a. Whenever used in this section:
1. Campground means any parcel or tract of land, including buildings
or other structures, where five or more campsites are made available for
use  as  temporary  living quarters for recreational, camping, travel or
seasonal use. For  purposes  of  this  section,  campgrounds  shall  not
include land owned by the state of New York.
2.  Campground  owner means the owner or operator of a campground or
an agent of such owner or operator.
3. Guest means a person who  occupies  a  campsite  pursuant  to  an
agreement with a term of more than one week.
b.  1.  A  campground  owner  may  request any law enforcement officer
remove any guest who willfully denies other guests their right to  quiet
enjoyment  of  the  campground, including, but not limited, to any guest
who:
(a) disturbs, threatens or endangers other guests;
(b) is less than twenty-one years of age and possesses alcohol;
(c) possesses illegal drugs;
(d) violates any state or local law; or
(e) violates any other lawful rule or  regulation  of  the  campground
that enhances the safety and quiet enjoyment of its guests and is posted
in  a  conspicuous  place  or  made  a  part  of  the  guest's occupancy
2. the right to request a guest to be removed by any  law  enforcement
officer  can  only  be exercised after the campground owner or its agent
has provided the guest with written warning  that  his  or  her  conduct
shall  result in a removal from the campground if it is repeated. In the
event that such conduct is repeated and the guest fails  to  vacate  the
campground  upon being requested to do so, the campground owner may only
cause the guest to be removed by a law enforcement officer, who may cite
the guest with trespass.
c. A person who is removed from a campground pursuant to subdivision b
of this section shall be entitled to a refund of the unused  portion  of
any prepaid fees, less any amount otherwise owed to the campground owner
or  deducted  for  damages,  which unused portion of prepaid fees may be
prorated at a rate that is based upon the  daily  rate  charged  by  the
campground owner.
d. A campground owner may remove property belonging to a person who is
removed from a campground pursuant to subdivision b of this section from
a campsite and such property, whether removed from a campsite or allowed
to  remain  on  a  campsite,  shall be deemed to be placed in storage. A
campground owner shall provide the owner of such  property  thirty  days
written  notice,  by certified mail, return receipt requested, to remove
such property and dispose of such property pursuant to article  nine  of
the lien law in the event the owner fails to remove such property within
the thirty-day period of time.
§  234.  Right  to  recover  attorneys'  fees  in  actions  or summary
proceedings arising out of leases of residential property. 1. Whenever a
lease of residential property  shall  provide  that  in  any  action  or
summary  proceeding  the  landlord  may  recover  attorneys' fees andor
expenses incurred as the result of the failure of the tenant to  perform
any  covenant or agreement contained in such lease, or that amounts paid
by the landlord therefor shall be paid by the tenant as additional rent,
there shall be implied in such lease a covenant by the landlord  to  pay
to the tenant the reasonable attorneys' fees andor expenses incurred by
the  tenant  as the result of the failure of the landlord to perform any
covenant or agreement on its part to be performed under the lease or  in
the  successful defense of any action or summary proceeding commenced by
the landlord against the  tenant  arising  out  of  the  lease,  and  an
agreement  that  such  fees and expenses may be recovered as provided by
law  in  an  action  commenced  against  the  landlord  or  by  way   of
counterclaim  in  any  action  or  summary  proceeding  commenced by the
landlord against the tenant. A landlord may not recover attorneys'  fees
upon  a  default  judgment.  Any waiver of this section shall be void as
against public policy.
2. Notwithstanding the provisions of subdivision one of this  section,
where  a tenant is a dwelling unit owner or shareholder of a cooperative
article eleven of the private housing finance law, attorney's  fees  may
be  awarded to either party in the event of default judgment if recovery
of attorney's fees is provided for in the proprietary lease or occupancy
§  234-a.  Unauthorized  legal  fees.  (a)  An  owner, lessor or agent
thereof shall be prohibited from assessing a lessee any  fee,  surcharge
or  other charges for legal services in connection with the operation or
rental of a residential unit unless the owner, lessor or agent  has  the
legal  authority  to  do so pursuant to a court order. The provisions of
this subdivision shall not apply  to  a  shareholder  of  a  cooperative
housing  corporation,  provided,  however,  that  the provisions of this
subdivision shall apply with respect to any tenant or subtenant of  such
a shareholder.
(b)  Legal services include, but are not limited to, court fees, legal
representation, attorney fees, notary public charges, and administrative
fees  incurred  by  the  owner,  lessor  or  agent  in  connection  with
management of the building, including actions and proceedings in a court
(c) Any agreement or assessment contrary to this section shall be void
as contrary to public policy.
§   235.   Wilful   violations.   1.   Any   lessor,  agent,  manager,
superintendent or janitor of any building, or part thereof, the lease or
rental agreement whereof by its terms, expressed  or  implied,  requires
the  furnishing  of  hot  or  cold  water,  heat, light, power, elevator
service, telephone service or any  other  service  or  facility  to  any
occupant  of  said  building,  who  wilfully  or  intentionally fails to
furnish such water, heat,  light,  power,  elevator  service,  telephone
service  or  other  service  or  facility  at any time when the same are
necessary to the proper or customary  use  of  such  building,  or  part
thereof,  or  any  lessor, agent, manager, superintendent or janitor who
wilfully and intentionally interferes with the quiet  enjoyment  of  the
leased premises by such occupant, is guilty of a violation.
2.  Any  lessor,  agent,  manager,  superintendent  or  janitor of any
building, or part thereof, who wilfully or intentionally acts to  prevent
or  obstruct  the delivery of fuel oil ordered in compliance with either
section three hundred two-c of the  multiple  dwelling  law  or  section
three  hunded five-c of the multiple residence law or the refiring of an
oil burner after such a delivery shall be guilty of a violation.
§ 235-a. Tenant right to offset payments and entitlement to damages in
certain  cases.  1.  In  any  case  in  which a residential tenant shall
lawfully make a payment to a utility company pursuant to the  provisions
of  sections  thirty-three,  thirty-four  and one hundred sixteen of the
public service law, or to a utility company as  defined  in  subdivision
twenty-three of section two of the public service law, public authority,
water-works  corporation,  as  defined  in  subdivision  twenty-seven of
section two of the public service law, or  municipal  water  system,  as
prescribed in section eighty-nine-l of the public service law, for water
service which a landlord is responsible for but has failed or refused to
provide  payment  therefor,  such  payment  shall be deductible from any
future payment of rent.
2. Any owner (as defined in the  multiple  dwelling  law  or  multiple
residence  law)  of  a  multiple dwelling responsible for the payment of
charges for gas,  electric,  steam  or  water  service  who  causes  the
discontinuance  of that service by failure or refusal to pay the charges
for past service shall be liable for compensatory and  punitive  damages
to any tenant whose utility service is so discontinued.
* 3. Nothing contained in this section and no payment made pursuant to
this section shall be deemed to discharge the liability of a renter with
an  interest  in  real  property  pursuant to subdivision two of section
three hundred four of the real property tax law  from  taxes  levied  on
such interest.
§  235-b.  Warranty of habitability. 1. In every written or oral lease
or rental agreement for residential  premises  the  landlord  or  lessor
shall  be  deemed to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common  with  other
tenants  or  residents  are  fit  for  human habitation and for the uses
reasonably intended by the  parties  and  that  the  occupants  of  such
premises  shall  not  be  subjected  to  any  conditions  which would be
dangerous, hazardous or detrimental to their  life,  health  or  safety.
When  any such condition has been caused by the misconduct of the tenant
or lessee or persons under  his  direction  or  control,  it  shall  not
constitute a breach of such covenants and warranties.
2.  Any  agreement  by  a  lessee  or  tenant of a dwelling waiving or
modifying his rights as set forth in  this  section  shall  be  void  as
contrary to public policy.
3.  In  determining  the  amount of damages sustained by a tenant as a
result of a breach of the warranty set forth in the section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot  be  cured
by  reason  of  a  strike  or  other  labor  dispute which is not caused
primarily by the individual landlord or  lessor  and  such  damages  are
attributable  to such strike, exclude recovery to such extent, except to
the extent of the net savings, if any, to  the  landlord  or  lessor  by
reason  of  such  strike  or  labor  dispute  allocable  to the tenant's
premises, provided, however, that the landlord or lesser has made a good
faith attempt, where practicable, to cure the breach.
(c) where the premises is subject to regulation pursuant to the  local
emergency  housing rent control law, the emergency tenant protection act
of nineteen seventy-four, the rent stabilization law of nineteen hundred
sixty-nine or the city rent and rehabilitation law,  reduce  the  amount
awarded  hereunder  by the total amount of any rent reduction ordered by
the state division of housing and community  renewal  pursuant  to  such
laws or act, awarded to the tenant, from the effective date of such rent
reduction order, that relates to one or more matters for which relief is
awarded hereunder.
§ 235-bb. Certificates of occupancy; required disclosure to tenant. 1.
Prior  to  executing  a  residential  lease  or  rental agreement with a
tenant, the owner of real property consisting of three or  fewer  rental
units shall provide conspicuous notice in bold face type as to whether a
certificate  of  occupancy,  if  such certificate is required by law, is
currently valid for the dwelling unit subject to  the  lease  or  rental
agreement.  Owners  who  provide  the  tenant with an actual copy of the
valid certificate of occupancy shall be deemed to have complied with the
requirements of this subdivision.
2. Any agreement by a  lessee  or  tenant  of  premises  for  dwelling
purposes  waiving  or  modifying  his or her rights as set forth in this
section shall be void as contrary to public policy.
§  235-c.  Unconscionable lease or clause. 1. If the court as a matter
of law  finds  a  lease  or  any  clause  of  the  lease  to  have  been
unconscionable  at  the time it was made the court may refuse to enforce
the lease, or it may enforce the remainder  of  the  lease  without  the
unconscionable  clause,  or  it  may  so  limit  the  application of any
unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court  that  a  lease  or  any
clause  thereof  may  be  unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to  its  setting,  purpose
and effect to aid the court in making the determination.
§  235-d.  Harassment.  1. Notwithstanding any other provision of law,
within a city having a population of one million or more,  it  shall  be
unlawful  and shall constitute harassment for any landlord of a building
which at any time was occupied for manufacturing or warehouse  purposes,
or  other  person  acting  on  his  behalf,  to  engage in any course of
conduct, including, but  not  limited  to  intentional  interruption  or
discontinuance  or  willful  failure  to  restore  services  customarily
provided or required by written lease or other rental  agreement,  which
interferes  with  or  disturbs  the comfort, repose, peace or quiet of a
tenant in the tenant's use or occupancy of rental space if such  conduct
is  intended  to  cause  the  tenant  (i)  to  vacate a building or part
thereof; or (ii) to surrender or waive any rights of such  tenant  under
the tenant's written lease or other rental agreement.
2.  The  lawful termination of a tenancy or lawful refusal to renew or
extend a written lease or other rental agreement  shall  not  constitute
harassment for purposes of this section.
3.  As  used  in this section the term tenant means only a person or
business occupying or residing at the premises  pursuant  to  a  written
lease  or  other  rental  agreement,  if  such premises are located in a
building which at any time was occupied for manufacturing  or  warehouse
purposes  and  a  certificate  of  occupancy for residential use of such
building is not in effect at the  time  of  the  last  alleged  acts  or
incidents upon which the harassment claim is based.
4. A tenant may apply to the supreme court for an order enjoining acts
or  practices  which constitute harassment under subdivision one of this
section; and upon sufficient showing, the  supreme  court  may  issue  a
temporary or permanent injunction, restraining order or other order, all
of  which  may,  as  the  court  determines in the exercise of its sound
discretion, be granted without bond. In the event  the  court  issues  a
preliminary  injunction it shall make provision for an expeditious trial
of the underlying action.
5. The powers and remedies set forth  in  this  section  shall  be  in
addition  to  all  other  powers  and remedies in relation to harassment
including the award  of  damages.  Nothing  contained  herein  shall  be
construed  to  amend, repeal, modify or affect any existing local law or
ordinance, or provision of the charter or  administrative  code  of  the
city of New York, or to limit or restrict the power of the city to amend
or  modify any existing local law, ordinance or provision of the charter
or administrative code, or to restrict  or  limit  any  power  otherwise
conferred by law with respect to harassment.
6.  Any  agreement  by  a  tenant  in  a written lease or other rental
agreement waiving or modifying his rights as set forth in  this  section
shall be void as contrary to public policy.
§  235-e.  Duty  to provide a written receipt. (a) Upon the receipt of
the payment of rent for residential premises in the form of cash, or any
instrument other than the personal check of the lessee, it shall be  the
duty  of  the  lessor,  or any agent of the lessor authorized to receive
rent, to provide the  lessee  with  a  written  receipt  containing  the
1. The date;
2. The amount;
3. The identity of the premises and period for which paid; and
4. The signature and title of the person receiving the rent.
(b)  A lessee may request, in writing, that a lessor provide a receipt
for rent paid by personal check. If such request is made, the lessor, or
any agent of the lessor authorized to receive rent,  shall  provide  the
lessee  with  the  receipt described in subdivision (a) of this section.
Such request shall, unless otherwise specified by the lessee, remain  in
effect  for  the  duration  of  such  lessee's tenancy. The lessor shall
maintain a record of all cash receipts  for  rent  for  at  least  three
(c)  If a payment of rent is personally transmitted to a lessor, or an
agent of a lessor authorized to  receive  rent,  the  receipt  for  such
payment shall be issued immediately to a lessee. If a payment of rent is
transmitted  indirectly  to a lessor, or an agent of a lessor authorized
to receive rent, a lessee  shall  be  provided  with  a  receipt  within
fifteen days of such lessor or agent's receipt of a rent payment.
(d)  If  a lessor, or an agent of a lessor authorized to receive rent,
fails to receive payment for rent within five days of the date specified
in a lease agreement, such lessor or agent shall  send  the  lessee,  by
certified  mail,  a  written  notice stating the failure to receive such
rent payment. The failure of a  lessor,  or  any  agent  of  the  lessor
authorized to receive rent, to provide a lessee with a written notice of
the  non-payment  of  rent may be used as an affirmative defense by such
lessee in an eviction proceeding  based  on  the  non-payment  of  rent.
Notwithstanding  the provisions of this subdivision, a lessor which is a
cooperative  housing  corporation,  other  than  a  cooperative  housing
corporation  subject  to  the  provisions  of article two, article four,
article five or article eleven of the private housing finance  law,  may
provide  for  a method of sending notice by mail other than by certified
mail, as long as such method of sending notice is provided  for  in  the
proprietary  lease  or occupancy agreement, and the lessee is a dwelling
unit owner or shareholder of such cooperative housing corporation.
§  235-f.  Unlawful  restrictions  on  occupancy.  1.  As used in this
section, the terms:
(a) Tenant  means  a  person  occupying  or  entitled  to  occupy  a
residential rental premises who is either a party to the lease or rental
agreement  for  such  premises  or is a statutory tenant pursuant to the
emergency housing rent control law or the city rent  and  rehabilitation
law or article seven-c of the multiple dwelling law.
(b)  Occupant  means  a person, other than a tenant or a member of a
tenant's immediate family, occupying a premises with the consent of  the
tenant or tenants.
2.  It  shall  be  unlawful  for  a  landlord to restrict occupancy of
residential premises, by express lease terms or otherwise, to  a  tenant
or tenants or to such tenants and immediate family. Any such restriction
in  a  lease or rental agreement entered into or renewed before or after
the effective date of this section shall  be  unenforceable  as  against
3. Any lease or rental agreement for residential premises entered into
by  one  tenant  shall  be  construed to permit occupancy by the tenant,
immediate family of the tenant, one additional occupant,  and  dependent
children of the occupant provided that the tenant or the tenant's spouse
occupies the premises as his primary residence.
4. Any lease or rental agreement for residential premises entered into
by  two  or  more  tenants  shall  be  construed  to permit occupancy by
tenants, immediate family of tenants, occupants and  dependent  children
of  occupants;  provided that the total number of tenants and occupants,
excluding occupants' dependent children, does not exceed the  number  of
tenants  specified in the current lease or rental agreement, and that at
least one tenant or a tenants'  spouse  occupies  the  premises  as  his
primary residence.
5.  The  tenant  shall inform the landlord of the name of any occupant
within thirty days following  the  commencement  of  occupancy  by  such
person or within thirty days following a request by the landlord.
6.  No  occupant nor occupant's dependent child shall, without express
written permission of the  landlord,  acquire  any  right  to  continued
occupancy  in  the event that the tenant vacates the premises or acquire
any other rights of tenancy; provided that nothing in this section shall
be construed to reduce or impair any right or remedy otherwise available
to any person residing in any housing  accommodation  on  the  effective
date of this section which accrued prior to such date.