reglab/statecodes huggingface dataset:
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 625 - Action by Reversioner or Remainderman After Tenant's Default.

§  625.  Action by reversioner or remainderman after tenant's default.
  Where a tenant for life or for a term of years suffers  judgment  to  be
  taken  against  him,  by  consent or by default, in an action to recover
  real property, the heir or person owning the reversion or remainder, may
  maintain an action to recover the property, after the  determination  of
  the particular estate.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 631 - Defendants.

§  631.  Defendants.  Where  the  complaint  demands  judgment for the
  immediate possession of  the  property,  if  the  property  is  actually
  occupied,  the  occupant shall be made defendant in the action. If it is
  not so occupied,  the  action  shall  be  brought  against  some  person
  exercising  acts of ownership thereupon, or claiming title thereto or an
  interest therein, at the time of the commencement  of  the  action.  Any
  person  claiming  title  to, or the right to the possession of, the real
  property sought to be recovered, as landlord, remainderman, reversioner,
  or otherwise adversely to the plaintiff, may be joined as defendant.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 633 - Action Against Co-Tenant; Ouster to Be Proved.

§ 633. Action against co-tenant; ouster to be proved. Where the action
  is  brought  by  a  tenant  in  common  or  a  joint  tenant against his
  co-tenant, the plaintiff, besides proving his right,  shall  also  prove
  that  the  defendant actually ousted him or did some other act amounting
  to a total denial of his right.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 637 - Action Against One Defendant Subject to Rights of Others.

§  637.  Action  against  one  defendant  subject to rights of others.
  Where one or more answering defendants hold under another defendant, and
  the plaintiff elects to proceed  against  the  latter,  subject  to  the
  rights  and  interests  of  the  former, if the plaintiff recovers final
  judgment against the  defendant  under  whom  they  hold,  the  judgment
  operates as a transfer to the plaintiff of that defendant's right, title
  and interest.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 651 - Expiration of Plaintiff's Title Before Trial.

§  651.  Expiration of plaintiff's title before trial. If the right or
  title of the plaintiff expires after the commencement of the action  but
  before the trial, and he would have been entitled to recover but for the
  expiration,  the verdict, report or decision shall be rendered according
  to the fact; and the plaintiff is entitled nevertheless to judgment  for
  his  damages  for  the  withholding of the property to the time when his
  right or title so expired.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 653 - Judgment to State Plaintiff's Estate.

§  653.  Judgment  to  state  plaintiff's estate. A verdict, report or
  decision in favor of the plaintiff and the  judgment  rendered  thereon,
  shall  specify  in  writing  the estate of the plaintiff in the property
  recovered, whether it is in fee, or for life, or for  a  term  of  years
  stating for whose life it is, or specifying the duration of the term, if
  the estate be less than a fee.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 661 - Liability of Purchaser Pending an Action.

§  661.  Liability  of  purchaser  pending an action. If the defendant
  aliens the real property in question after the filing  of  a  notice  of
  pendency of the action, and an execution against him for the plaintiff's
  damages  is  returned  wholly  or  partly  unsatisfied, an action may be
  maintained  by  the  plaintiff  against  any  person  who  has  been  in
  possession of the property, under the defendant's conveyance, to recover
  the  unsatisfied  portion  of the damages, for a time not exceeding that
  during which he possessed the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 701 - Jurisdiction; Courts; Venue.

§  701.  Jurisdiction;  courts;  venue.    1.  A special proceeding to
  recover real property may be maintained in a county court, the court  of
  a  police  justice  of  the  village,  a justice court, a court of civil
  jurisdiction in a city, or a district court.
2. The place of trial of the special proceeding shall  be  within  the
  jurisdictional area of the court in which the real property or a portion
  thereof  is  situated;  except  that where the property is located in an
  incorporated village which includes parts  of  two  or  more  towns  the
  proceeding  may  be tried by a justice of the peace of any such town who
  keeps an office in the village.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 702 - Rent in a Residential Dwelling.

§  702. Rent in a residential dwelling. 1. In a proceeding relating to
  a residential dwelling or housing accommodation, the term  "rent"  shall
  mean  the  monthly or weekly amount charged in consideration for the use
  and occupation of a dwelling  pursuant  to  a  written  or  oral  rental
  agreement.  No  fees, charges or penalties other than rent may be sought
  in a summary proceeding pursuant to this  article,  notwithstanding  any
  language to the contrary in any lease or rental agreement.
2.  This  section shall not apply to a summary proceeding in which the
  parties are 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,
  and a tenant who is  a  dwelling  unit  owner  or  shareholder  of  such
  corporation,  provided that the proprietary lease or occupancy agreement
  between the cooperative housing corporation and the tenant provides  for
  fees,   charges,   penalties  or  assessments  other  than  rent  to  be
  recoverable in such a proceeding.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 713-A - Special Proceeding for Termination of Adult Home and Residence for Adults Admission Agreements.

§  713-a.  Special  proceeding  for  termination  of  adult  home  and
  residence for adults  admission  agreements.  A  special  proceeding  to
  terminate  the  admission  agreement  of  a resident of an adult home or
  residence  for  adults  and  discharge  a  resident  therefrom  may   be
  maintained  in  a  court  of  competent  jurisdiction  pursuant  to  the
  provisions of section four hundred sixty-one-h of  the  social  services
  law and nothing contained in such section shall be construed to create a
  relationship  of  landlord  and  tenant between the operator of an adult
  home or residence for adults and a resident thereof.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 721 - Person Who May Maintain Proceeding.

§  721.  Person  who  may maintain proceeding.   The proceeding may be
  brought by:
1. The landlord or lessor.
2. The reversioner or remainderman next entitled to possession of  the
  property  upon  the  termination of the estate of a life tenant, where a
  tenant of such life tenant holds over.
3. The purchaser upon  the  execution  or  foreclosure  sale,  or  the
  purchaser  on  a tax sale to whom a deed has been executed and delivered
  or any subsequent grantee, distributee or devisee claiming title through
  such purchaser.
4. The person forcibly put out or kept out.
5. The person with whom, as owner, the  agreement  was  made,  or  the
  owner  of  the  property  occupied  under  an agreement to cultivate the
  property upon shares or for a share of the crops.
6. The person lawfully entitled to the possession of property intruded
  into or squatted upon.
7. The person entitled to possession of the  property  occupied  by  a
  licensee who may be dispossessed.
8.  The  person,  corporation  or law enforcement agency authorized by
  this article to proceed to remove persons using  or  occupying  premises
  for illegal purposes.
9.  The  receiver of a landlord, purchaser or other person so entitled
  to apply, when authorized by the court.
10. The lessee of the premises, entitled to possession.
11. Not-for-profit corporations, and tenant associations authorized in
  writing by the commissioner of the department of the city  of  New  York
  charged with enforcement of the housing maintenance code of such city to
  manage residential real property owned by such city.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 731 - Commencement; Notice of Petition.

§  731.  Commencement;  notice  of petition. 1. The special proceeding
  prescribed by this article shall be commenced by petition and  a  notice
  of  petition.  A  notice  of petition may be issued only by an attorney,
  judge or the clerk of the court;  it  may  not  be  issued  by  a  party
  prosecuting the proceeding in person.
2.  Except  as  provided  in section 732, relating to a proceeding for
  non-payment of rent, the notice of petition shall specify the  time  and
  place  of the hearing on the petition and state that if respondent shall
  fail at such time to interpose and establish any  defense  that  he  may
  have,  he  may  be precluded from asserting such defense or the claim on
  which it is based in any other proceeding or action.
3. In the city of New York, when  the  petitioner  seeks  to  make  an
  application  pursuant  to  subdivision  two  of  section  seven  hundred
  forty-five of this article, the notice  of  petition  shall  advise  the
  respondent  of  the  requirements  of  subdivision  two of section seven
  hundred forty-five of this article.
4. In an action premised on a tenant  defaulting  in  the  payment  of
  rent,  payment to the landlord of the full amount of rent due, when such
  payment is made at any time prior to the hearing on the petition,  shall
  be  accepted  by  the landlord and renders moot the grounds on which the
  special proceeding was commenced.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 732 - Special Provisions Applicable in Non-Payment Proceeding if the Rules So Provide.

§  732. Special provisions applicable in non-payment proceeding if the
  rules so provide. If the appropriate appellate division shall so provide
  in the rules of a particular court, this section shall be applicable  in
  such court in a proceeding brought on the ground that the respondent has
  defaulted in the payment of rent; in such event, all other provisions of
  this  article  shall remain applicable in such proceeding, except to the
  extent inconsistent with the provisions of this section.
1. The notice of petition shall be returnable before  the  clerk,  and
  shall be made returnable within ten days after its service.
2.  If the respondent answers, the clerk shall fix a date for trial or
  hearing not less than three nor more than eight days  after  joinder  of
  issue,  and  shall  immediately  notify  by  mail  the  parties or their
  attorneys of such date. If the determination be for the petitioner,  the
  issuance  of  a warrant shall not be stayed for more than five days from
  such  determination,  except  as  provided  in  section  seven   hundred
  fifty-three of this article.
3.  If the respondent fails to answer within ten days from the date of
  service, as shown by the affidavit or  certificate  of  service  of  the
  notice  of  petition  and  petition,  the judge shall render judgment in
  favor of the petitioner and may stay the issuance of the warrant  for  a
  period  of  not  to  exceed ten days from the date of service, except as
  provided in section seven hundred fifty-three of this article.
4.  The  notice  of  petition  shall  advise  the  respondent  of  the
  requirements of subdivisions 1, 2 and 3, above.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 733 - Time of Service; Order to Show Cause.

§  733. Time of service; order to show cause. 1. Except as provided in
  section  seven  hundred  thirty-two  of  this  article,  relating  to  a
  proceeding  for non-payment of rent, the notice of petition and petition
  shall be served at least ten and not more than seventeen days before the
  time at which the petition is noticed to be heard.
2. The court may grant an order to show cause to be served in lieu  of
  a notice of petition. If the special proceeding is based upon the ground
  specified  in  subdivision 1 of section 711, and the order to show cause
  is sought on the day of the expiration of the  lease  or  the  next  day
  thereafter,  it may be served at a time specified therein which shall be
  at least two hours before the hour at which the petition is to be heard.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 734 - Notice of Petition; Service on the Westchester County Department of Social Services.

§   734.  Notice  of  petition;  service  on  the  Westchester  county
  department of social services. In the  county  of  Westchester,  if  the
  local  legislative body has, by local law, opted to require such notice,
  service of a copy  of  the  notice  of  petition  and  petition  in  any
  proceeding commenced against a residential tenant in accordance with the
  provisions  of this article shall be served upon the county commissioner
  of social services. Such service shall be made by certified mail, return
  receipt requested, directed to an address set forth in the local law, or
  pursuant to the provisions of the civil practice  law  and  rules.  Such
  service  shall  be made at least five days before the return date set in
  the notice of petition.  Proof of such service shall be filed  with  the
  court.  Failure  to serve the commissioner shall not be a jurisdictional
  defect, and shall not be a defense to a proceeding brought  pursuant  to
  the provisions of this article.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 735 - Manner of Service; Filing; When Service Complete.

§  735.  Manner of service; filing; when service complete. 1.  Service
of the notice of petition and  petition  shall  be  made  by  personally
delivering  them  to  the  respondent;  or  by delivering to and leaving
personally with a person of suitable age and discretion who  resides  or
is employed at the property sought to be recovered, a copy of the notice
of  petition and petition, if upon reasonable application admittance can
be obtained and such person found who will receive it; or if  admittance
cannot  be  obtained  and  such  person found, by affixing a copy of the
notice and petition upon a conspicuous part of the property sought to be
recovered or placing a copy under the entrance door  of  such  premises;
and  in  addition, within one day after such delivering to such suitable
person or such affixing or placement, by mailing to the respondent  both
by registered or certified mail and by regular first class mail,
(a)  if  a  natural  person,  as follows: at the property sought to be
recovered, and if such property is not the place of  residence  of  such
person  and  if  the  petitioner  shall  have written information of the
residence address of such person, at the last residence  address  as  to
which  the  petitioner  has such information, or if the petitioner shall
have no such information, but shall  have  written  information  of  the
place  of business or employment of such person, to the last business or
employment address as to which the petitioner has such information; and
(b) if a corporation, joint-stock or other unincorporated association,
as follows: at the property sought to be recovered, and if the principal
office or principal place of business of such corporation,  joint  stock
or  other  unincorporated  association  is  not  located on the property
sought to be  recovered,  and  if  the  petitioner  shall  have  written
information  of  the  principal  office  or  principal place of business
within the state, at the last place as  to  which  petitioner  has  such
information,  or  if  the  petitioner shall have no such information but
shall have written information of any office or place of business within
the state, to any such  place  as  to  which  the  petitioner  has  such
information.    Allegations  as  to  such  information as may affect the
mailing address shall be set forth either  in  the  petition,  or  in  a
separate affidavit and filed as part of the proof of service.
2.  The  notice  of  petition,  or  order  to show cause, and petition
together with proof of service thereof shall be filed with the court  or
clerk thereof within three days after;
(a)  personal  delivery  to  respondent, when service has been made by
that means, and such service shall be  complete  immediately  upon  such
personal delivery; or
(b)  mailing  to  respondent, when service is made by the alternatives
above provided, and such service shall be complete upon  the  filing  of
proof of service.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 743 - Answer.

§  743. Answer. Except as provided in section seven hundred thirty-two
  of this article, relating to a proceeding for non-payment  of  rent,  at
  the  time when the petition is to be heard the respondent, or any person
  in possession or claiming possession of the premises, may answer, orally
  or in writing. If the answer is oral  the  substance  thereof  shall  be
  recorded  by  the  clerk  or, if a particular court has no clerk, by the
  presiding judge or justice of such court, and  maintained  in  the  case
  record.  The  answer  may  contain  any  legal  or equitable defense, or
  counterclaim. The court may render affirmative judgment for  the  amount
  found due on the counterclaim.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 744 - Eviction Based on Domestic Violence Victim Status Prohibited.

§  744.  Eviction based on domestic violence victim status prohibited.
  1.  A tenant shall not be removed from possession of a residential  unit
  pursuant  to  this  article  because  of such person's domestic violence
  victim status, as defined in section two hundred twenty-seven-d  of  the
  real  property  law.  It  shall  be a defense to a proceeding to recover
  possession of a residential unit that a  landlord  seeks  such  recovery
  because of a person's domestic violence victim status, and that, but for
  such  status,  the  landlord  would  not  seek  to recover possession. A
  landlord may rebut such defense by showing  that  he  or  she  seeks  to
  recover  possession  of  a  residential unit because of any other lawful
  ground.
2. Nothing in this section shall restrict a landlord's legal rights to
  recover possession of a residential unit on  grounds  not  based  on  or
  derived from domestic violence victim status.
3.  A  landlord  shall not be civilly liable to other tenants, guests,
  invitees, or licensees arising from reasonable and good faith efforts to
  comply with this section.
4. This section  shall  not  apply  to  buildings  used  for  dwelling
  purposes  that  are  owner  occupied  and  have two or fewer residential
  units.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 747 - Judgment.

§  747. Judgment.   1. The court shall direct that a final judgment be
  entered determining the rights of the parties. The judgment shall  award
  to the successful party the costs of the special proceeding.
2.  The  judgment shall not bar an action to recover the possession of
  real property. The judgment shall  not  bar  an  action,  proceeding  or
  counterclaim,  commenced or interposed within sixty days of entry of the
  judgment, for affirmative equitable  relief  which  was  not  sought  by
  counterclaim  in  the  proceeding because of the limited jurisdiction of
  the court.
3. If the proceeding is founded upon an allegation of  forcible  entry
  or  forcible  holding  out the court may award to the successful party a
  fixed sum as costs, not exceeding fifty  dollars,  in  addition  to  his
  disbursements.
4.  The  judgment,  including  such  money as it may award for rent or
  otherwise, may be docketed in such books  as  the  court  maintains  for
  recording the steps in a summary proceeding; unless a rule of the court,
  or the court by order in a given case, otherwise provides, such judgment
  need not be recorded or docketed in the books, if separately maintained,
  in which are docketed money judgments in an action.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 751 - Stay Upon Paying Rent or Giving Undertaking; Discretionary Stay Outside City of New York.

§ 751. Stay upon paying rent or giving undertaking; discretionary stay
  outside  city  of  New  York.  The  respondent may, at any time before a
  warrant is issued, stay the issuing thereof and also stay  an  execution
  to collect the costs, as follows:
1.  Where  the  lessee  or  tenant  holds  over after a default in the
  payment of rent, or of taxes or assessments, he may  effect  a  stay  by
  depositing  the  amount of the rent due or of such taxes or assessments,
  and interest and penalty, if any thereon  due,  and  the  costs  of  the
  special  proceeding, with the clerk of the court, or where the office of
  clerk is not provided for, with the court,  who  shall  thereupon,  upon
  demand,  pay  the  amount  deposited  to  the  petitioner  or  his  duly
  authorized agent; or by delivering to the court or clerk his undertaking
  to the petitioner in such sum as the court approves to the  effect  that
  he  will  pay  the  rent, or such taxes or assessments, and interest and
  penalty and costs within ten days, at the expiration  of  which  time  a
  warrant may issue, unless he produces to the court satisfactory evidence
  of the payment.
2.  Where  the lessee or tenant has taken the benefit of an insolvency
  statute or has been adjudicated a bankrupt, he  may  effect  a  stay  by
  paying  the  costs  of  the  special proceeding and by delivering to the
  court or clerk his undertaking to the petitioner in such a  sum  as  the
  court  approves  to the effect that he will pay the rent of the premises
  as it has become or thereafter becomes due.
3. Where he continues in possession of real property  which  has  been
  sold  by  virtue  of  an execution against his property, he may effect a
  stay by paying the costs of the special proceeding,  and  delivering  to
  the  court  or  clerk  an affidavit that he claims the possession of the
  property by virtue of a right or title acquired after  the  sale  or  as
  guardian  or  trustee  for another; together with his undertaking to the
  petitioner in such a sum as the court approves to  the  effect  that  he
  will  pay any costs and damages which may be recovered against him in an
  action to recover the property brought against  him  by  the  petitioner
  within six months thereafter; and that he will not commit any waste upon
  or injury to the property during his occupation thereof.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 756 - Stay of Summary Proceedings or Actions for Rent Under Certain Conditions.

§  756.  Stay of summary proceedings or actions for rent under certain
  conditions. In the event that utilities are discontinued in any part  of
  a dwelling because of the failure of the landlord or other person having
  control  of  said  dwelling  to  pay for utilities for which he may have
  contracted, any proceeding to dispossess a tenant from said building  or
  an  action  against any tenant of said building for rent shall be stayed
  until such time as  the  landlord  or  person  having  control  of  said
  dwelling pays the amount owing for said utilities and until such time as
  the utilities are restored to working order.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 757 - Eviction as the Result of Foreclosure.

§  757.  Eviction  as  the  result of foreclosure. In the event that a
  lessee is removed from real property pursuant to this article,  and  the
  leased  real  property  was  the  subject  of  a  foreclosure proceeding
  pursuant to this chapter or the subject of a tax foreclosure proceeding,
  the court records relating to any such lessee shall  be  sealed  and  be
  deemed  confidential.  No disclosure or use of such information relating
  to any such lessee shall be authorized, and the use of such  information
  shall be prohibited.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 761 - Redemption by Lessee.

§  761. Redemption by lessee.  Where the special proceeding is founded
  upon an allegation that a lessee holds  over  after  a  default  in  the
  payment  of  rent,  and  the unexpired term of the lease under which the
  premises are held exceeds five years at the time  when  the  warrant  is
  issued  the lessee, his executor, administrator or assignee, at any time
  within one year after the execution of the warrant, unless by the  terms
  of  the lease such lessee shall have waived his right to redeem, or such
  lessee, executor, administrator  or  assignee  shall  have  subsequently
  waived the right to redeem by a written instrument filed and recorded in
  the office in which the lease is recorded, or if not so recorded, in the
  office in which deeds are required to be recorded of the county in which
  the  leased  premises  are located, may pay or tender to the petitioner,
  his heir, executor, administrator or assignee, or if, within  five  days
  before  the  expiration  of  the year he cannot be found with reasonable
  diligence within the city or town wherein  the  property  or  a  portion
  thereof  is  situated,  then  to the court which issued the warrant, all
  rent in arrears at the time of  the  payment  or  tender  with  interest
  thereupon  and  the  costs  and  charges  incurred  by  the  petitioner.
  Thereupon the person making the payment or tender shall be  entitled  to
  the  possession of the demised premises under the lease and may hold and
  enjoy the same according to the terms of the original demise, except  as
  otherwise prescribed in section 765.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 763 - Redemption by Creditor of Lessee.

§  763.  Redemption  by  creditor  of lessee.   In a case specified in
  section 761, a judgment  creditor  of  the  lessee  whose  judgment  was
  docketed  in the county before the precept was issued, or a mortgagee of
  the lease whose mortgage was duly recorded  in  the  county  before  the
  precept  was  issued,  unless by the terms of the lease the lessee shall
  have waived his right to  redeem,  or  such  lessee,  or  his  executor,
  administrator  or  assignee  shall have subsequently waived the right to
  redeem by a written instrument filed and recorded in the office in which
  the lease is recorded, or if not so recorded, in  the  office  in  which
  deeds  are  required  to  be  recorded of the county in which the leased
  premises are located, before such judgment was docketed or such mortgage
  recorded, or such judgment creditor  or  mortgagee  himself  shall  have
  waived  in  writing  his  right  to  redeem,  may at any time before the
  expiration of one year after the execution  of  the  warrant,  unless  a
  redemption  has  been  made  as prescribed in section 761, file with the
  court which issued the warrant a notice specifying his interest and  the
  sum  due  to  him,  describing  the premises, and stating that it is his
  intention to redeem as prescribed in this section. If  a  redemption  is
  not made by the lessee, his executor, administrator or assignee within a
  year  after the execution of the warrant, the person so filing a notice,
  or, if two or more persons have filed such notices the one who holds the
  first lien, at any time before two o'clock of the day, not a Sunday or a
  public holiday, next succeeding the last day of the year, may redeem for
  his  own  benefit  in  like  manner  as  the   lessee,   his   executor,
  administrator  or  assignee  might  have  so redeemed. Where two or more
  judgment creditors or mortgagees have filed such notices, the holder  of
  the second lien may so redeem at any time before two o'clock of the day,
  not  a  Sunday  or  a  public holiday, next succeeding that in which the
  holder of the first lien might have redeemed;  and  the  holder  of  the
  third  and  each  subsequent  lien may redeem in like manner at any time
  before two o'clock of the day, not a Sunday or a  public  holiday,  next
  succeeding  that  in  which  his  predecessor might have redeemed. But a
  second or subsequent redemption is not valid unless the person redeeming
  pays or tenders to each of his predecessors who  has  redeemed  the  sum
  paid  by  him  to  redeem  and  also  the  sum  due upon his judgment or
  mortgage; or deposits those sums with the court for the benefit  of  his
  predecessor or predecessors.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 765 - Effect of Redemption Upon Lease.

§  765.  Effect of redemption upon lease.  Where a redemption is made,
  as prescribed in this article, the rights of the  person  redeeming  are
  subject to a lease, if any, executed by the petitioner since the warrant
  was  issued,  so  far that the new lessee, his assigns, undertenants, or
  other representatives, upon complying with the terms of the  lease,  may
  hold the premises so leased until twelve o'clock, noon, of the first day
  of  May  next  succeeding the redemption. And in all other respects, the
  person so redeeming, his assigns and representatives succeed to all  the
  rights and liabilities of the petitioner under such a lease.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 767 - Order of Redemption; Liability of Persons Redeeming.

§  767.  Order  of  redemption;  liability of persons redeeming.   The
  person redeeming, as prescribed in this article  or  the  owner  of  the
  property  so redeemed, may present to the court which issued the warrant
  a petition setting forth the facts of the redemption and praying for  an
  order  establishing  the  rights and liabilities of the parties upon the
  redemption, whereupon the court must make an order requiring  the  other
  party  to  the  redemption  to  show  cause  at a time and place therein
  specified why the prayer of the petition  should  not  be  granted.  The
  order  to  show cause must be made returnable not less than two nor more
  than ten days after it is granted; and it must be served  at  least  two
  days  before  it  is returnable. Upon the return thereof, the court must
  hear the allegations and proofs of the parties  and  must  make  such  a
  judgment as justice requires. The costs and expenses must be paid by the
  petitioner.  The  judgment, or a certified copy thereof, may be recorded
  in like manner as a deed. A person, other than the lessee,  who  redeems
  as prescribed in this article succeeds to all the duties and liabilities
  of the lessee accruing after the redemption as if he was named as lessee
  in the lease.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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.

§  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 a judgment directing the deposit
  of rents  into  court  and  their  use  for  the  purpose  of  remedying
  conditions  dangerous to life, health or safety may be maintained in the
  civil court of the city of New York, the district court of the  counties
  of  Suffolk  and  Nassau  and  the  county  courts or city courts in the
  counties of Rockland and Westchester.
2. The place of trial of the special proceeding shall  be  within  the
  county  in  which  the real property or a portion thereof from which the
  rents issue is situated.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 770 - Grounds for the Proceeding.

§ 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 city of New York charged with enforcement of
  the housing maintenance code of such city, or in the counties of Nassau,
  Suffolk, Rockland and Westchester may maintain a special  proceeding  as
  provided  in  this  article,  upon  the ground that there exists in such
  dwellings or in any part thereof a lack of heat or of running  water  or
  of light or of electricity or of adequate sewage disposal facilities, or
  any  other  condition  dangerous  to  life,  health or safety, which has
  existed for five days, or an infestation by rodents, or any  combination
  of  such  conditions;  or  course of conduct by the owner or the owner's
  agents  of  harassment,  illegal  eviction,  continued  deprivation   of
  services  or  other  acts  dangerous  to  life, health or safety, or the
  issuance of an order to the owner of such dwelling by  the  commissioner
  of  such  department of the city of New York pursuant to the alternative
  enforcement program under section 27-2153 of the administrative code  of
  the  city  of  New  York,  provided  that  such  dwelling  has  not been
  discharged from the program pursuant to such section and there  has  not
  been a determination that the owner has substantially complied with such
  order.
2.  If  the  proceeding  is  instituted  by  the  commissioner  of the
  department of the city of New  York  charged  with  enforcement  of  the
  housing  maintenance code of such city, one-third or more of the tenants
  may, at any time thereafter during the pendency  of  the  proceeding  or
  after  final  judgment  pursuant to section seven hundred seventy-six or
  seven hundred seventy-seven of this article, petition  for  substitution
  of   themselves  in  place  and  stead  of  such  commissioner  of  such
  department. Such substitution shall be ordered by the court unless  good
  reason to the contrary shall be shown.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 772 - Contents 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 lack of heat or of
  running water or of light or electricity or of adequate sewage  disposal
  facilities,  or any other condition dangerous to life, health or safety,
  which has existed for five days, or an infestation of rodents or  course
  of  conduct  by the owner or his agents of harassment, illegal eviction,
  continued deprivation of services  or  other  acts  dangerous  to  life,
  health or safety.
2.  If  the  petitioners shall be tenants occupying the dwelling, they
  shall allege the number of petitioners making the petition and that they
  constitute one-third  or  more  of  the  tenants  of  said  dwelling  in
  occupancy thereof.
3.  Allege  a  brief description of the nature of the work required to
  remove or remedy the condition and an estimate as to  the  cost  thereof
  except  that if the petitioners shall be tenants occupying the dwelling,
  the petition may allege the conditions complained of in which event such
  description shall not be required to be made by anyone not  a  party  to
  the petition.
4.  If  the  petitioners shall be tenants occupying the dwelling, they
  shall allege the amount of rent due from each such petitioner, monthly.
5. State the relief sought.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 773 - Answer.

§ 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
  notice of petition was served at least eight days  before  the  time  at
  which  it was noticed to be heard and it so demands, the answer shall be
  served at least three days before the time the petition is noticed to be
  heard and any reply shall be served at least one day before such time.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 774 - Trial.

§  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,  the court, in its discretion, may grant an adjournment of such
  trial at request of either party, if it determines that  an  adjournment
  is  necessary  to  enable either of the parties to procure the necessary
  witnesses,  or  upon  consent  of  all  the  parties  who  appear.  Such
  adjournment  shall  not  be for more than five days except by consent of
  all the parties who appear.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 779 - Presentation or Settlement of Accounts.

§  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 seven hundred seventy-seven of this article, which  shall
  be open to inspection by the owner, any mortgagee or lienor or any other
  person  having  an  interest  in such receipts or expenditures provided,
  however, notwithstanding any other provision of  law  to  the  contrary,
  such  information  as  may  be in the possession of the city of New York
  with  the  department  charged  with  the  enforcement  of  the  housing
  maintenance  code  of  such city shall be available from such department
  for inspection only by the owner, tenant of  such  property,  or  person
  having  a recorded interest in the property. Upon motion of the court or
  the administrator or of the owner, any mortgagee or lienor of record  or
  of  any  person having an interest, the court may require a presentation
  or settlement of the accounts with respect thereto. Notice of  a  motion
  for  presentation  or settlement of such accounts shall be served on the
  owner, any mortgagee or other lienor  of  record  who  appeared  in  the
  proceeding  and  any  person  having  an  interest  in  such receipts or
  expenditures.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 780 - Waiver Void.

§  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 dwelling is waived, shall be deemed against
  public policy and shall be void.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 781 - "Owner" Defined.

§  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 therein, mortgagee or vendee in possession,
  assignee of rents, receiver, executor, trustee, lessee,  agent,  or  any
  other  person, firm or corporation, directly or indirectly in control of
  a dwelling, but shall not  include  a  receiver  appointed  pursuant  to
  section three hundred nine of the multiple dwelling law.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 782 - "Dwelling" Defined.

§  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 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, or is occupied as the residence or home of three or
  more  families  living  independently of each other; or is a garden-type
  maisonette dwelling project as defined in the multiple dwelling  law  or
  other  similar  dwellings  which  in  their  aggregate  are  arranged or
  designed to provide three or more  apartments,  have  common  facilities
  such  as  but  not limited to a sewer line, water main, or heating plant
  and are operated as a unit under common ownership, notwithstanding  that
  certificates of occupancy were issued for portions thereof as one or two
  family  dwellings  or  that the dwellings are not a multiple dwelling as
  defined in the multiple dwelling law.
2023 New York Laws › RPA - Real Property Actions and Proceedings › 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 › 783 - Defense of Warranty of Habitability Inapplicable.

§   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 of section two hundred thirty-five-b of the real
  property  law  pertaining to the warranty of habitability shall not be a
  defense to such a proceeding for rent which accrues during the period of
  time that a judgment or an order pursuant to this article is in  effect,
  unless  the court determines that the conditions upon which such defense
  is based were caused by the failure of such administrator to perform his
  duties in a reasonable manner.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 790 - Definitions.

§  790. Definitions. As used in this article the following terms shall
  have the following meanings:
1. The term "manufactured home resident" means one who rents space  in
  a manufactured home park from a manufactured home park owner or operator
  for  the  purpose  of  locating  his or her manufactured home or one who
  rents  a  manufactured  home  in  a  manufactured  home  park   from   a
  manufactured home park owner or operator.
2.  The  term "manufactured home owner" means one who holds title to a
  manufactured home.
3. The term "manufactured home park"  means  a  contiguous  parcel  of
  privately  owned  land  which  is used for the accommodation of three or
  more manufactured homes occupied for year-round living.
4. The term "manufactured home" means a  structure,  transportable  in
  one or more sections, which in the traveling mode, is eight body feet or
  more  in width or forty body feet or more in length, or, when erected on
  site, is three hundred twenty or more square feet, and which is built on
  a permanent chassis and designed to  be  used  as  a  dwelling  with  or
  without a permanent foundation when connected to the required utilities,
  and  includes  the  plumbing,  heating, air-conditioning, and electrical
  systems contained therein; except that such term shall include a "mobile
  home" as defined in subdivision five of this section, and shall  include
  a  structure which meets all the requirements of this subdivision except
  the size  requirements  and  with  respect  to  which  the  manufacturer
  voluntarily  files  a certification required by the secretary of housing
  and urban development.
5.  The  term  "mobile  home"  means  a  moveable  or  portable  unit,
  manufactured  prior  to  January  first,  nineteen  hundred seventy-six,
  designed and constructed to be towed on its own  chassis,  comprised  of
  frame  and  wheels, connected to utilities, and designed and constructed
  without a permanent foundation for year-round living. A unit may contain
  parts that may be folded, collapsed or telescoped when being  towed  and
  expanded  later  to  provide additional cubic capacity as well as two or
  more separately towable  components  designed  to  be  joined  into  one
  integral  unit  capable of being again separated into the components for
  repeated towing. "Mobile home" shall mean  units  designed  to  be  used
  exclusively for residential purposes, excluding travel trailers.