§ 95 — Defenses

New York § 95

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 9: Right to Call Police and Emergency Assistance/victim Protections

Text

§ 95. Defenses. 1. It is a defense to any judicial or administrative\naction or proceeding taken by any municipality or municipal authority\nenforcing any local law or ordinance that the enforcement action\ndirectly or indirectly penalizes a residential occupant or property\nowner for the exercise of rights under this article. Prior to initiation\nof any such enforcement action or proceeding all parties and any\nresidential occupant that may be so impacted shall be given written\nnotice by the municipality of the protections of this article and shall\nhave the right to be heard in the action or proceeding to advance the\ndefenses provided by this article.\n 2. It is a defense in any action or proceeding by a landlord or other\nowner of real property to regain possession of that property that the\naction or proceeding directly or indirectly penalizes a residential\noccupant for the exercise of rights under this article. Any residential\noccupant whose right to continued occupancy may be impacted by the\naction or proceeding shall be given written notice of the action or\nproceeding and the protections of this article by the party initiating\nthe action or proceeding. The residential occupant shall have the right\nto appear as a necessary party in accordance with the provisions of the\ncivil practice law and rules and the real property actions and\nproceedings law in order to advance the defenses provided by this\narticle.\n