reglab/statecodes huggingface dataset:
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 791 - Jurisdiction; Courts; Venue.

§  791. Jurisdiction; courts; venue. 1. A special proceeding to remove
  abandoned homes may be maintained in a supreme court, a court  of  civil
  jurisdiction in a city, a district court, or a county 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 792 - Grounds for the Proceeding.

§  792.  Grounds for the proceeding. A manufactured home park owner or
operator  of  such  manufactured  home  park  may  commence  a   special
proceeding to obtain an order of the court granting a declaration that a
manufactured home has been abandoned upon proof that:
1. The manufactured home has been vacant for a period of not less than
one  hundred  eighty  days  without notice to the manufactured home park
owner or operator, provided however, that such period  shall  be  ninety
days  in  the  event  that  a  warrant  of eviction with respect to such
manufactured home has been issued;
2. The manufactured home resident has defaulted in the payment of rent
for such period;
3. The manufactured home community owner or operator has notified  all
known  holders  of  liens  against  such  home.  Prior  to  commencing a
proceeding pursuant to this article,  the  manufactured  home  community
owner or operator shall cause a search to be done of:
(a) for homes constructed (i) on or after July first, nineteen hundred
ninety-four  and  designated  by  the manufacturer as a nineteen hundred
ninety-five or later model year, or (ii)  on  or  after  January  first,
nineteen  hundred  ninety-four,  for  which  the  manufacturer  did  not
designate a model year, the title records of  the  department  of  motor
vehicles, or
(b)  for  all  other  homes, filings made under the Uniform Commercial
Code, to determine whether there are any lien-holders with  an  existing
interest in the manufactured home; and
4. At least two of the following factors apply:
(a)  the  manufactured  home resident has removed substantially all of
the personal property from the home;
(b) utility service to the home has been terminated or disconnected by
the utility provider, or the manufactured home  resident  for  at  least
sixty days;
(c)  the  home  is  in a state of substantial disrepair that makes the
home uninhabitable; or
(d) other objective evidence  of  abandonment  that  the  court  finds
reliable.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 793 - Commencement; Notice of Petition; Time and Manner of Service.

§  793.  Commencement; notice of petition; time and manner of service.
  1.  The special proceeding prescribed by this article shall be commenced
  by filing a petition and a notice of petition. The petition shall comply
  with the requirements of a complaint in an action and shall  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, that a final judgment may be rendered if the  court  finds  that
  the  petitioner  has  made the requisite showing; and that the result of
  that final judgment shall be the loss of the resident's home.
2. The notice of petition, together with the petition  and  affidavits
  specified  in  the  notice,  shall  be  served  upon  the  owner  of the
  manufactured home in a manner prescribed by this section at least thirty
  days before the time at which the petition is noticed to be heard.
3. Service of the notice of petition and petition shall be made in the
  same manner as a summons in an action.
4. The notice of petition and petition, together with proof of service
  thereof, shall be filed with the court or  clerk  thereof  within  three
  days after service has been completed.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 794 - Answer.

§ 794. Answer. At the time when the petition is to be heard, the owner
  shall  answer  in writing. If the notice of petition was served at least
  thirty 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-B - Special Proceeding for the Removal of Abandoned Manufactured Homes › 795 - Judgment and Warrant.

§  795.  Judgment  and  warrant. 1. Upon the issuance of a declaration
  that a manufactured home has been abandoned pursuant  to  this  article,
  and  upon  motion  of  the manufactured home park owner or operator, the
  court shall issue a warrant directed to the sheriff of the county or  to
  any constable or marshal of the city in which the property, or a portion
  thereof,  is  situated,  or  if  it  is  not  situated in a city, to any
  constable of any town in the county, describing  the  manufactured  home
  and commanding the officer to remove the home from the manufactured home
  park  within  thirty days of delivery of the warrant. The actual cost of
  removing and subsequent destruction  of  the  home  shall  be  a  charge
  against the manufactured home park owner or operator.
2.  The warrant shall clearly recite that a declaration of abandonment
  has been granted and that the home will be removed from the manufactured
  home park no later than the thirtieth day  after  the  delivery  of  the
  order.
3.  In lieu of ordering the sheriff to remove the home, the court may,
  upon good cause shown, provide for an alternate disposition of the home,
  including, but not limited to destruction; provided,  however,  that  if
  the  court provides for the sale of the home, and the sale price exceeds
  any amounts owed to the manufactured home park owner  or  operator,  the
  excess  shall  be held in escrow for the benefit of the home owner. This
  subdivision shall not be construed to require the manufactured home park
  owner or operator to post a bond to secure the homeowner's equity in the
  home nor shall it be construed to require  the  manufactured  home  park
  owner  or operator to store the home on the premises of the manufactured
  home park.
4. To the extent that any household goods or other  personal  property
  of  the  respondent  remain  in  the home at the time of its disposition
  hereunder, the manufactured  home  community  owner  or  operator  shall
  provide  for  the  storage of such household goods and personal property
  for a period of not less than three months from the date  of  the  final
  order  of  the  court  providing for the disposition of the home. In the
  event that the household goods or other personal property are stored  in
  a self-storage facility, an amount equal to the charges imposed for such
  storage  may  be  recovered  from the respondent. Upon the expiration of
  such period, the community owner or operator (a) shall have  no  further
  liability  for  the  storage  or  safekeeping of such household goods or
  personal property, and (b) may provide  for  the  destruction  or  other
  disposition of such household goods or personal property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796 - Definitions.

§ 796. Definitions. As used in this article:
1.  "Owner"  means  the  owner or owners of the dwelling, mortgagee or
  vendee in possession, assignee of rents,  receiver,  executor,  trustee,
  lessee,  agent,  or any other person or entity 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.
2. "Dwelling" or "premises" means 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 as such, including, but not limited to,
  an apartment building, a condominium, a townhouse, a single-family house
  or a multiple-family residence building. "Dwelling" or "premises"  shall
  also  include  premises  zoned for mixed residential and commercial use,
  provided that a portion of such premises are, in fact, occupied  by  one
  or more tenants for residential purposes.
3.  "Commissioner"  means  the commissioner, chief supervisor or chief
  officer of a department.
4. "Department" means a department, agency or office.
5. "Municipality" means a county, city, town or village.
6.   "Person"   means   an   individual,   partnership,   corporation,
  association, trust or other group or legal entity, however organized.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-A - Jurisdiction; Court; Venue.

§  796-a.  Jurisdiction;  court;  venue. 1. A special proceeding for a
judgment directing the deposit of rents into court and the use  of  such
monies  for  the purpose of remedying conditions at a dwelling dangerous
to life, health or safety may be maintained by tenant or tenants of  the
dwelling  in  the  county  court,  district  court  or city court having
jurisdiction in the municipality in which the dwelling is located.
2. A special proceeding  as  described  in  subdivision  one  of  this
section  may  also  be  commenced  by the commissioner of the department
charged  with  enforcement  of  the  housing  maintenance  code  in  the
municipality where the dwelling is located.
(a) If the proceeding is instituted by such commissioner, one-third or
more  of  the tenants of the dwelling may, at any time thereafter during
the pendency of the proceeding  or  after  final  judgment  pursuant  to
section seven hundred ninety-six-h or seven hundred ninety-six-i of this
article, petition for substitution of themselves in place and instead of
such  commissioner.  Such  substitution  shall  be  ordered by the court
unless good reason to the contrary shall be shown.
(b) A special proceeding pursuant to the provisions  of  this  article
may  only  be  commenced  with  respect  to  the  same  premises  by one
municipality at a time.
3. The place of trial of the special proceeding shall  be  within  the
county  in  which the dwelling or a portion thereof from which the rents
issue is situated.
4. The provisions of this article shall not apply to dwellings located
in the city of New York or in the counties of Nassau, Suffolk,  Rockland
and Westchester or in any cities, towns or villages of such counties.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-B - Grounds for the Proceeding.

§  796-b. Grounds for the proceeding. One-third or more of the tenants
  occupying a multiple residence dwelling or a tenant occupying  a  single
  residence  dwelling  or  the commissioner of the department charged with
  enforcement of the housing maintenance code in  the  municipality  where
  the dwelling is located may maintain a special proceeding as provided in
  this article, upon the grounds that there exists in such dwelling, or in
  any part thereof:
1.  a lack of heat, running water, light, electricity, 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
2.  a  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-D - Contents of Petition.

§ 796-d. 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) a lack of heat, running water, light, electricity, 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
(b) a 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:
(a)  in  the  case  of  a multiple residence dwelling, they constitute
one-third or more of the tenants in occupancy thereof; or
(b) in the case of a single residence dwelling, they are the occupants
of such single-residence dwelling.
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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-E - Answer.

§  796-e.  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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-F - Trial.

§ 796-f. 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;
  provided, however, that 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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-G - Defenses.

§ 796-g. Defenses. It shall be a sufficient defense to the proceeding,
  if the owner or any mortgagee or lienor of record establish that:
1. 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
2. Such condition or conditions have  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
3.  Any  tenant  or  resident of the dwelling has refused entry to the
  owner or the owner's 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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-K - Presentation or Settlement of Accounts.

§  796-k.  Presentation  or  settlement  of  accounts. The court shall
  require the keeping of  written  accounts  itemizing  the  receipts  and
  expenditures  for  work  performed  under  an  order  issued pursuant to
  section seven hundred ninety-six-h or seven hundred ninety-six-i of this
  article, which shall be open to inspection by the owner of the dwelling,
  or any mortgagee or lienor or any other person  having  an  interest  in
  such  receipts  or  expenditures provided, however, that notwithstanding
  any other provision of law to the contrary, such information as  may  be
  in  the possession of the department charged with the enforcement of the
  housing maintenance code of the municipality  shall  be  available  from
  such  department  for  inspection only by the owner of the dwelling, the
  tenant of the dwelling, or a 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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-L - Waiver Void.

§  796-l.  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-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-M - Defense of Warranty of Habitability Inapplicable.

§   796-m.   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
  or her duties in a reasonable manner.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797 - Jurisdiction; Courts; Venue.

§  797.  Jurisdiction;  courts;  venue.  1. Except as prohibited under
  subdivision three of this section, a  special  proceeding  for  judgment
  directing  repairs  of  conditions  and other relief in residential real
  property constituting violation of applicable local  and  state  housing
  standards  or section two hundred thirty-five-b of the real property law
  may be maintained in a county court, justice court, district  court,  or
  city court.
2.  The  place  of trial of the special proceeding shall be within the
  jurisdictional area of the court in which the residential real  property
  or a portion thereof is situated.
3.  A  special  proceeding  pursuant  to  this  article  shall  not be
  maintained  in  any  court  within  the  counties  of  Nassau,  Suffolk,
  Richmond, New York, Bronx, Kings or Queens.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-A - Person Who May Maintain Proceeding.

§  797-a. Person who may maintain proceeding. 1. The proceeding may be
  maintained by any party, known herein as a tenant, who is an occupant of
  residential real property for thirty consecutive days or longer under an
  agreement not created by deed.
2. The proceeding may be maintained  by  one  or  more  tenants  of  a
  residential property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-B - Respondent.

§ 797-b. Respondent. The following may be named as a respondent:
1.   The  person,  corporation,  limited  liability  company,  general
  partnership, limited partnership, or any other entity holding  title  to
  the real property or an ownership interest in the property.
2. The person or organization listed on any state or local residential
  registration statement.
3.  Anyone  who  has  a  legal  obligation  to  maintain  the premises
  consistent with the warranty of habitability: 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  not  a  receiver  appointed  pursuant  to
  section three hundred nine of the multiple dwelling law.
4.  A  public  housing  authority  or a governmental body that owns or
  manages the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-C - Commencement; Notice of Petition; Petition.

§ 797-c. Commencement; notice of petition; petition. 1. The proceeding
  shall  be  commenced  by the filing of a notice of petition and petition
  with the clerk of the court. A notice of petition may be  issued  by  an
  attorney, judge, or clerk of the court.
2.  The  notice  of  petition  shall specify the time and place of the
  hearing on the petition and state that if the respondent shall  fail  to
  appear  at  such time and place to interpose any defense, the respondent
  may be precluded from asserting such defense.
3. The office of court administration shall  promulgate  instructional
  materials  in  which  tenant-petitioners  may  find  guidance  on how to
  commence the special proceedings. Such instructional materials shall  be
  in  plain,  accessible  language.  Such instructional materials shall be
  published  in  English,  Spanish  and  in  other  languages  spoken   by
  limited-English  proficient  individuals  in  any  judicial  district as
  needed.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-D - Time of Service; Order to Show Cause.

§  797-d.  Time  of  service;  order  to  show cause. 1. 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 to be heard.
2.  The court may grant an order to show cause to be served in lieu of
  a notice of petition at a time and in a manner specified therein.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-E - Manner of Service of Notice of Petition and Petition; When Service Complete.

§  797-e.  Manner  of service of notice of petition and petition; when
  service complete. 1. Personal service  upon  a  natural  person  may  be
  completed in the manner in which a summons is served under section three
  hundred eight of the civil practice law and rules.
2. Personal service upon a partnership may be completed in a manner in
  which  a  summons  is  served  under sections three hundred eight, three
  hundred ten or three hundred ten-a of the civil practice law and rules.
3. Personal service on a corporation may be completed in a  manner  in
  which  a  summons  is  served  under section three hundred eleven of the
  civil practice law and rules.
4. Personal service upon a limited liability company may be  completed
  in  a  manner  in  which a summons is served under section three hundred
  eleven-a of the civil practice law and rules.
5. In the alternative,  personal  service  may  be  completed  on  any
  natural  person,  partnership, corporation, or limited liability company
  by mailing  the  notice  of  petition  and  petition  by  certified  and
  first-class  mail to an address where local property tax bills are sent.
  If the jurisdiction in which  the  court  sits  has  a  rental  registry
  requirement,  service may be completed by mailing to the address for the
  real property in the registry.
6. Proof of service shall be filed with the clerk of the court  within
  three  days  thereafter.  Personal  service  on  the respondent shall be
  complete upon personal delivery. Any authorized mail service pursuant to
  this subdivision shall be complete upon the filing of proof of service.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-F - Contents of the Petition.

§  797-f.  Contents of the petition. 1. The petition shall be verified
  by the person authorized to maintain the proceeding under section  seven
  hundred  ninety-seven-a  of  this  article or by a legal representative,
  attorney, or agent of such person pursuant to rule three hundred  twenty
  of  the  civil  practice  law and rules. The attorney of such person may
  verify upon information and belief.
2. Every petition shall:
a. State the interest of the petitioner  in  the  premises  for  which
  relief under this article is sought;
b. Describe the premises that is the subject of the petition;
c.  State  the  facts  upon  which  the  special  proceeding is based,
  including those conditions constituting violation of applicable state or
  local housing standards or section two hundred thirty-five-b of the real
  property law; and
d. State the relief sought.  Such  relief  may  include  an  order  to
  repair,  a monetary judgment in favor of petitioner for diminished value
  of real property, and an order reducing  future  rent  until  violations
  have been cured.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-G - Notice to Local Housing Standard Enforcement Agency.

§  797-g.  Notice  to  local  housing standard enforcement agency. The
  clerk of the court shall mail a copy of the filed notice of petition and
  petition to the appropriate government  agency  charged  with  enforcing
  local or state housing standards within the court's jurisdiction.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-H - Answer.

§  797-h.  Answer. At or prior to the time the petition is to be heard
  the respondent 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-I - Trial.

§ 797-i. Trial. Where triable issues of fact are raised, they shall be
  tried  by  the  court  unless, at the time the petition is noticed to be
  heard, a party demands a trial by jury, in which case trial shall be  by
  jury.  At  the  time  when issue is joined, the court, at the request of
  either party shall adjourn  the  trial  of  the  issue,  not  less  than
  fourteen  days,  except  by  consent of all parties. A party's second or
  subsequent request for adjournment shall be granted in the court's  sole
  discretion.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-D - SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL PROPERTY LAW › 797-J - Judgment.

§  797-j.  Judgment.  1. The court shall direct that final judgment be
  entered determining the rights of the parties.
2. The judgment may include:
a. An order to repair conditions constituting violation of  applicable
  local  and  state housing standards or section two hundred thirty-five-b
  of the real property law; and
b. Any other relief that the court may deem just.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 801 - Who Liable to Action for Waste.

§  801.  Who  liable  to  action  for  waste. An action for waste lies
  against a tenant by the curtesy, in dower, for life, or  for  years,  or
  the  assignee  of such a tenant, who, during his estate or term, commits
  waste upon the real property held by him, without a special  and  lawful
  written  license  so  to do; or against such a tenant who lets or grants
  his estate and still retaining possession thereof commits waste  without
  a like license.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 803 - Alterations or Replacements of Structures by Person Having Estate for Life or Years.

§  803.  Alterations  or  replacements  of structures by person having
  estate for life or years. 1. When a person having an estate for life  or
  for years in land proposes to make an alteration in, or a replacement of
  a  structure  or  structures located thereon, then the owner of a future
  interest in such land can neither recover damages for,  nor  enjoin  the
  alteration  or  replacement,  if  the  person  proposing  to  make  such
  alteration or replacement complies  with  the  requirements  hereinafter
  stated as to the giving of security and establishes the following facts:
a.  That the proposed alteration or replacement is one which a prudent
  owner of an estate in fee simple absolute in the affected land would  be
  likely  to  make  in  view  of  the  conditions  existing  on  or in the
  neighborhood of the affected land; and
b. That the proposed alteration or replacement, when  completed,  will
  not  reduce the market value of the interests in such land subsequent to
  the estate for life or for years; and
c. That the proposed alteration or replacement is not in violation  of
  the terms of any agreement or other instrument regulating the conduct of
  the owner of the estate for life or for years or restricting the land in
  question; and
d. That the life expectancy of the owner of the estate for life or the
  unexpired term of the estate for years is not less than five years; and
e.  That  the person proposing to make such alteration or replacement,
  not less than thirty days prior to  commencement  thereof,  served  upon
  each  owner  of  a  future  interest, who is in being and ascertained, a
  written notice of his intention to make such alteration or  replacement,
  specifying  the nature thereof, which notice was served personally or by
  registered mail sent to the last known address of each such owner  of  a
  future interest.
2.  When  the  owner of a future interest in the affected land demands
  security that the proposed alteration or replacement, if begun, will  be
  completed   and   that   he  be  protected  against  responsibility  for
  expenditures incident to  the  making  of  the  proposed  alteration  or
  replacement,  the  court  in  which  the action to recover damages or to
  enjoin the alteration or replacement is pending, or if no such action is
  pending, the supreme court, on application thereto, on  such  notice  to
  the interested parties as the court may direct, shall fix the amount and
  terms  of  the security reasonably necessary to satisfy such demand. The
  furnishing of the security so fixed shall be a  condition  precedent  to
  the making of the proposed alteration or replacement.
3.  This section applies only to estates for life or for years created
  on or after September 1, 1937.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 811 - Action for Waste by Heir, Devisee or Grantor of Reversion.

§  811. Action for waste by heir, devisee or grantor of reversion.  An
  heir or devisee may maintain an action for waste, committed in  time  of
  his  ancestor  or testator, as well as in his own time. The grantor of a
  reversion may maintain an action for waste committed before  he  aliened
  the same.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 812 - Action for Waste by Ward Against Guardian.

§  812.  Action for waste by ward against guardian. Such an action may
  also be maintained against a guardian by  his  ward,  either  before  or
  after  the termination of the guardianship, for waste committed upon the
  real property of the ward during the guardianship.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 813 - Action for Waste by Grantee of Real Property Sold Under Execution.

§  813.  Action  for  waste  by  grantee  of  real property sold under
  execution. Where real property is sold by virtue of  an  execution,  the
  person  to  whom  a  conveyance  is  executed  pursuant  to the sale may
  maintain an action for waste, committed thereon after the sale,  against
  the person who was then in possession of the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 815 - Judgment in Action for Waste Against Tenant of Particular Estate.

§  815.  Judgment  in  action  for  waste against tenant of particular
  estate.  If the plaintiff recovers in an action for waste, other than an
  action brought as prescribed in section 817,  the  final  judgment  must
  award  to  him  compensatory damages. Where the action is brought by the
  person next entitled to the reversion and it appears,  in  like  manner,
  that  the injury to the estate in reversion is equal to the value of the
  tenant's estate or unexpired term, the final judgment must also award to
  the  plaintiff  the  forfeiture  of  the  defendant's  estate  and   the
  possession of the place wasted.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 817 - Action for Waste Against Joint Tenant or Tenant in Common.

§  817. Action for waste against joint tenant or tenant in common.  1.
  An action for waste may also be maintained by a joint tenant  or  tenant
  in common against his co-tenant who commits waste upon the real property
  held in joint tenancy or in common. If the plaintiff recovers therein he
  is   entitled,   at  his  election,  either  to  a  final  judgment  for
  compensatory damages or to have partition of the property as  prescribed
  in subdivisions 2 and 3 of this section.
2.  Where  the  plaintiff  elects to have partition, if the pleadings,
  verdict, report, or decision do not determine the rights  and  interests
  of  the  several  parties in the property so held in joint tenancy or in
  common, the court must ascertain them, by a reference or otherwise.   If
  it  appears  that there are persons, not parties to the action, who must
  have been made parties to an action for partition of the property,  they
  must   be   brought  in  by  supplemental  summons  and,  if  necessary,
  supplemental pleadings must be made. When the rights  and  interests  of
  all  the  parties  are  ascertained,  an  interlocutory judgment for the
  partition or sale of the property must be rendered  and  the  subsequent
  proceedings  therein  must  be  the  same as in an action for partition,
  except as otherwise prescribed in subdivision 3.
3. The plaintiff may elect to take  final  judgment  for  the  damages
  awarded  to  him,  or  that, in making the partition, or in dividing the
  proceeds of a sale, so much of the share of the defendant  in  the  real
  property,  or  the proceeds thereof, as will be sufficient to compensate
  the plaintiff for his damages, and the costs of the action,  other  than
  the  expenses  of  making the partition or sale, be laid off or paid, as
  the case may be, to the  plaintiff.  The  residue  of  the  property  or
  proceeds, not laid off or distributed to the plaintiff or the defendant,
  must  be  laid off or paid to the persons entitled thereto, according to
  their respective rights and interests.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 821 - View in Action for Waste.

§  821.  View  in  action  for waste. In an action for waste it is not
  necessary, either upon the execution of a writ of inquiry  or  upon  the
  trial  of  an  issue  of  fact, that the jury, the judge, or the referee
  should view the property. Where the trial is by a  referee,  or  by  the
  court  without  a jury, the referee or the judge may, in his discretion,
  view the property and direct the attorneys for  the  parties  to  attend
  accordingly.  In  any  other  case,  the court may in its discretion, by
  order direct a view by the jury.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 831 - Action by Reversioner or Remainderman.

§  831.  Action  by reversioner or remainderman. A person seized of an
  estate in remainder or reversion may maintain an action founded upon  an
  injury  done  to the inheritance, notwithstanding any intervening estate
  for life or for years.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 833 - Recovery of Fee Damages by the Owner of a Possessory Estate for Life or for Years.

§ 833. Recovery of fee damages by the owner of a possessory estate for
  life  or  for  years.  When  the  ownership  of  land  is divided into a
  possessory estate  for  life  or  for  years  and  one  or  more  future
  interests,  and a person having none of these interests causes damage to
  such land, the damages recoverable  by  the  owner  of  such  possessory
  interest  from the wrongdoing third person may include damages caused to
  interests in the affected land other than those owned by parties to  the
  action  or  proceeding  when, but only when, all living persons who have
  either a possessory or a  future  interest  in  the  affected  land  are
  parties  thereto. The court in which any such recovery of damages occurs
  shall make such direction for the distribution of the damages  recovered
  among  the  persons  who are parties to the action or proceeding and for
  the protection of the interests of persons who are not parties  thereto,
  as justice may require.
A  tenant  for  life  or  for years in the land damaged is entitled to
  receive from the recovery, in satisfaction of the damage to  his  estate
  or interest, either a sum in gross or the earnings of a sum invested for
  his  benefit.  The  determination  as  to  whether a sum in gross or the
  earnings of a sum invested  shall  be  awarded  to  the  owner  of  such
  particular  estate  shall  be governed by the provisions with respect to
  the proceeds of a sale in partition.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 841 - Action for Nuisance.

§ 841. Action for nuisance. An action for a nuisance may be maintained
  in  any  case  where such an action might have been maintained under the
  laws in force immediately before the taking effect of article seventh of
  title one of chapter fourteenth of the code of civil procedure as  added
  thereto  by  chapter  one  hundred seventy-eight of the laws of eighteen
  hundred eighty. A person by whom the nuisance has  been  erected  and  a
  person  to  whom the real property has been transferred may be joined as
  defendants in such an action. A final judgment in favor of the plaintiff
  may award him damages or direct the removal of  the  nuisance  or  both.
  This  section  does  not  affect an action wherein the complaint demands
  judgment for a sum of money only.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 843 - Fences and Structures, When Private Nuisance.

§  843.  Fences  and  structures,  when private nuisance. Whenever the
  owner or lessees of land shall erect or shall have erected  thereon  any
  fence  or structure in the nature of a fence which shall exceed ten feet
  in height, to exclude the owner or occupant of a structure on  adjoining
  land from the enjoyment of light or air, the owner or occupant who shall
  thereby  be  deprived  of  light or air shall be entitled to maintain an
  action in the supreme court to have such fence or structure  adjudged  a
  private  nuisance.  If it shall be so adjudged its continued maintenance
  may be enjoined. This section shall not preclude the owner or lessee  of
  land from improving the same by the erection of any structure thereon in
  good faith.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 851 - Action Against Certain Persons Holding Over as Trespassers.

§  851. Action against certain persons holding over as trespassers.  A
  person in possession of real property as  guardian  or  trustee  for  an
  infant,  or  having  an  estate determinable upon one or more lives, who
  holds over and continues in possession after the  determination  of  his
  trust  or  particular  estate, without the express consent of the person
  then immediately entitled, is a trespasser. An action may be  maintained
  against him or his executor or administrator, by the person so entitled,
  or  his  executor  or  administrator,  to  recover the full value of the
  profits received during the wrongful occupation.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 8 - Waste and Other Actions and Rights of Action for Injury to Real Property › 853 - Action for Forcible or Unlawful Entry or Detainer; Treble Damages.

§  853.  Action  for  forcible  or  unlawful entry or detainer; treble
  damages. If a person is disseized, ejected, or put out of real  property
  in a forcible or unlawful manner, or, after he has been put out, is held
  and  kept out by force or by putting him in fear of personal violence or
  by unlawful means, he is entitled to recover treble damages in an action
  therefor against the wrong-doer.