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New York State
REAL PROPERTY LAW (RPL)
Laws 1909, Chap. 52
ARTICLE 7
LANDLORD AND TENANT
Section. 220. Action for use and occupation.
221. Rent due on life leases recoverable.
222. When rent is apportionable.
223. Rights where property or lease is
transferred.
223a. Remedies of lessee when possession
is not delivered.
223b. Retaliation by landlord against
tenant.
224. Attornment by tenant.
225. Notice of action adverse to possession
of tenant.
226. Effect of renewal on sub-lease.
226a. Effect of new lease on tenant's
right to remove fixtures or improvements.
226b. Right to sublease or assign.
227. When tenant may surrender premises.
227a. Termination of residential lease by
senior citizens entering certain
health care facilities, adult care
facilities or housing projects.
228. Termination of tenancies at will or by
sufferance, by notice.
229. Liability of tenant holding over after
giving notice of intention to quit.
230. Right of tenants to form, join or
participate in tenants' groups.
231. Lease, when void; liability of landlord
where premises are occupied for unlawful
purpose.
232. Duration of certain agreements in New
York.
232a. Notice to terminate monthly tenancy
or tenancy from month to month in the
city of New York.
232b. Notification to terminate monthly
tenancy or tenancy from month to month
outside the city of New York.
232c. Holding over by a tenant after
expiration of a term longer than one month;
effect of acceptance of rent.
233. Mobile home parks; duties,
responsibilities.
234. Tenants' right to recover attorneys'
fees in actions or summary proceedings
arising out of leases of residential
property.
235. Wilful violations.
235a. Tenant right to offset payments and
entitlement to damages in certain cases.
235b. Warranty of habitability.
235c. Unconscionable lease or clause.
235d. Harassment.
235e. Duty of landlord to provide written
receipt.
235f. Unlawful restrictions on occupancy.
236. Assignment of lease of a deceased
tenant.
236* Discrimination against children in
dwelling houses and mobile home parks.
237 Discrimination in leases with respect to
bearing of children.
238 Agreements or contracts for privileges
to deal with occupants of tenements,
apartment houses or bungalow colonies.
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Sec. 220. Action for use and occupation.
The landlord may recover a reasonable compensation for the use
and occupation of real property, by any person, under an
agreement, not made by deed; and a parol lease or other agreement
may be used as evidence of the amount to which he is entitled.
Sec. 221. Rent due on life leases recoverable.
Rent due on a lease for life or lives is recoverable by action,
as well after as before the death of the person on whose life the
rent depends, and in the same manner as rent due on a lease for
years.
Sec. 222. When rent is apportionable.
Where a tenant for life, who shall have demised the real
property, dies before the first rent day, or between two rent
days, his executor or administrator may recover the proportion of
rent which accrued to him before his death.
Sec. 223. Rights where property or lease is transferred.
The grantee of leased real property, or of a reversion thereof,
or of any rent, the devisee or assignee of the lessor of such a
lease, or the heir or personal representative of either of them,
has the same remedies, by entry, action or otherwise, for the
nonperformance of any agreement contained in the assigned lease
for the recovery of rent, for the doing of any waste, or for
other cause of forfeiture as his grantor or lessor had, or would
have had, if the reversion had remained in him. A lessee of real
property, his assignee or personal representative, has the same
remedy against the lessor, his grantee or assignee, or the
representative of either, for the breach of an agreement
contained in the lease, that the lessee might have had against
his immediate lessor, except a covenant against incumbrances or
relating to the title or possession of the premises leased. This
Section applies as well to a grant or lease in fee, reserving
rent, as to a lease for life or for years; but not to a deed of
conveyance in fee, made before the ninth day of April, eighteen
hundred and five, or after the fourteenth day of April, eighteen
hundred and sixty.
Sec. 223-a. Remedies of lessee when possession is not
delivered.
In the absence of an express provision to the contrary, there
shall be implied in every lease of real property a condition that
the lessor will deliver possession at the beginning of the term.
In the event of breach of such implied condition the lessee shall
have the right to rescind the lease and to recover the
consideration paid. Such right shall not be deemed inconsistent
with any right of action he may have to recover damages.
Sec. 223-b. Retaliation by landlord against tenant.
1. No landlord of premises or units to which this section is
applicable shall serve a notice to quit upon any tenant or
commence any action to recover real property or summary
proceeding to recover possession of real property in
retaliation for:
a. A good faith complaint, by or in behalf of the tenant,
to a governmental authority of the landlord's alleged
violation of any health or safety law, regulation,
code, or ordinance, or any law or regulation which has
as its objective the regulation of premises used for
dwelling purposes or which pertains to the offense of
rent gouging in the third, second or first degree; or
b. Actions taken in good faith, by or in behalf of the
tenant, to secure or enforce any rights under the lease
or rental agreement, under Section two hundred thirty-
five-b of this chapter, or under any other law of the
state of New York, or of its governmental subdivisions,
or of the United States which has as its objective the
regulation of premises used for dwelling purposes or
which pertains to the offense of rent gouging in the
third, second or first degree; or
c. The tenant's participation in the activities of a
tenant's organization.
2. No landlord or premises or units to which this section is
applicable shall substantially alter the terms of the
tenancy in retaliation for any actions set forth in
paragraphs a, b, and c of subdivision one of this section.
Substantial alteration shall include, but is not limited to,
the refusal to continue a tenancy of the tenant or, upon
expiration of the tenant's lease, to renew the lease or
offer a new lease; provided, however, that a landlord shall
not be required under this section to offer a new lease or a
lease renewal for a term greater than one year and after
such extension of a tenancy for one year shall not be
required to further extend or continue such tenancy.
3. A landlord shall be subject to a civil action for damages
and other appropriate relief, including injunctive and other
equitable remedies, as may be determined by a court of
competent jurisdiction in any case in which the landlord has
violated the provisions of this section.
4. In any action to recover real property or summary proceeding
to recover possession of real property, judgment shall be
entered for the tenant if the court finds that the landlord
is acting in retaliation for any action set forth in
paragraphs a, b, and c of subdivision one of this section
and further finds that the landlord would not otherwise have
commenced such action or proceeding. Retaliation shall be
asserted as an affirmative defense in such action or
proceeding. The tenant shall not be relieved of the
obligation to pay any rent for which he is otherwise liable.
5. In an action or proceeding instituted against a tenant of
premises or a unit to which this section is applicable, a
rebuttable presumption that the landlord is acting in
retaliation shall be created if the tenant establishes that
the landlord served a notice to quit, or instituted an
action or proceeding to recover possession, or attempted to
substantially alter the terms of the tenancy, within six
months after:
a. A good faith complaint was made, by or in behalf of the
tenant, to a governmental authority of the landlord's
violation of any health or safety law, regulation,
code, or ordinance, or any law or regulation which has
as its objective the regulation of premises used for
dwelling purposes or which pertains to the offense of
rent gouging in the third, second or first degree; or
b. The tenant in good faith commenced an action or
proceeding in a court or administrative body of
competent jurisdiction to secure or enforce against the
landlord or his agents any rights under the lease or
rental agreement, under section two hundred thirty-five-
b of this chapter, or under any other law of the state
of New York, or of its governmental subdivisions, or of
the United States which has as its objective the
regulation of premises used for dwelling purposes or
which pertains to the offense of rent gouging in the
third, second or first degree.
c. Judgment under subdivision three or four of this
section was entered for the tenant in a previous action
between the parties; or an inspection was made, an
order was entered, or other action was taken as a
result of a complaint or act described in paragraph a
or b of this subdivision.
But the presumption shall not apply in an action or
proceeding based on the violation by the tenant of the terms
and conditions of the lease or rental agreement, including
nonpayment of the agreed-upon rent.
The effect of the presumption shall be to require the
landlord to provide a credible explanation of a non-
retaliatory motive for his acts. Such an explanation shall
overcome and remove the presumption unless the tenant
disproves it by a preponderance of the evidence.
6. This section shall apply to all rental residential premises
except owner-occupied dwellings with less than four units.
However, its provisions shall not be given effect in any
case in which it is established that the condition from
which the complaint or action arose was caused by the
tenant, a member of the tenant's household, or a guest of
the tenant. Nor shall it apply in a case where a tenancy was
terminated pursuant to the terms of a lease as a result of a
bona fide transfer of ownership.
Sec. 224. Attornment by tenant.
The attornment of a tenant to a stranger is absolutely void and
does not in any way affect the possession of the landlord unless
made either:
1. With the consent of the landlord; or,
2. Pursuant to or in consequence of a judgment, order, or
decree of a court of competent jurisdiction; or
3. To a purchaser at foreclosure sale.
Sec. 225. Notice of action adverse to possession of tenant.
Where a process or summons in an action to recover the real
property occupied by him, or the possession thereof, is served
upon a tenant, he must forthwith give notice thereof to his
landlord; otherwise he forfeits the value of three years' rent of
such property, to the landlord or other person of whom he holds.
Sec. 226. Effect of renewal on sub-lease.
The surrender of an under-lease is not requisite to the validity
of the surrender of the original lease, where a new lease is
given by the chief landlord. Such a surrender and renewal do not
impair any right or interest of the chief landlord, his lessee or
the holder of an under-lease, under the original lease; including
the chief landlord's remedy by entry, for the rent or duties
secured by the new lease, not exceeding the rent and duties
reserved in the original lease surrendered.
Sec. 226-a. Effect of new lease on tenant's right to remove
fixtures or improvements.
Unless otherwise expressly agreed, where a tenant has a right to
remove fixtures or improvements, such right shall not be lost or
impaired by reason of his acceptance of a new lease of the same
premises without any surrender of possession between terms.
Sec. 226-b. Right to sublease or assign.
1. Unless a greater right to assign is conferred by the lease,
a tenant renting a residence may not assign his lease
without the written consent of the owner, which consent may
be unconditionally withheld without cause provided that the
owner shall release the tenant from the lease upon request
of the tenant upon thirty days notice if the owner
unreasonably withholds consent which release shall be the
sole remedy of the tenant. If the owner reasonably withholds
consent, there shall be no assignment and the tenant shall
not be released from the lease.
2. (a) A tenant renting a residence pursuant to an
existing lease in a dwelling having four or more
residential units shall have the right to sublease his
premises subject to the written consent of the landlord
in advance of the subletting. Such consent shall not be
unreasonably withheld.
(b) The tenant shall inform the landlord of his intent to
sublease by mailing a notice of such intent by
certified mail, return receipt requested. Such request
shall be accompanied by the following information: (i)
the term of the sublease, (ii) the name of the proposed
sublessee, (iii) the business and permanent home
address of the proposed sublessee, (iv) the tenant's
reason for subletting, (v) the tenant's address for the
term of the sublease, (vi) the written consent of any
co-tenant or guarantor of the lease, and (vii) a copy
of the proposed sublease, to which a copy of the
tenant's lease shall be attached if available,
acknowledged by the tenant and proposed subtenant as
being a true copy of such sublease.
(c) Within ten days after the mailing of such request, the
landlord may ask the tenant for additional information
as will enable the landlord to determine if rejection
of such request shall be unreasonable. Any such request
for additional information shall not be unduly
burdensome. Within thirty days after the mailing of the
request for consent, or of the additional information
reasonably asked for by the landlord, whichever is
later, the landlord shall send a notice to the tenant
of his consent or, if he does not consent, his reasons
therefor. Landlord's failure to send such a notice
shall be deemed to be a consent to the proposed
subletting. If the landlord consents, the premises may
be sublet in accordance with the request, but the
tenant thereunder, shall nevertheless remain liable for
the performance of tenant's obligations under said
lease. If the landlord reasonably withholds consent,
there shall be no subletting and the tenant shall not
be released from the lease. If the landlord
unreasonably withholds consent, the tenant may sublet
in accordance with the request and may recover the
costs of the proceeding and attorneys fees if it is
found that the owner acted in bad faith by withholding
consent.
3. The provisions of this section shall apply to leases entered
into or renewed before or after the effective date of this
section, however they shall not apply to public housing and
other units for which there are constitutional or statutory
criteria covering admission thereto nor to a proprietary
lease, viz.: a lease to, or held by, a tenant entitled
thereto by reason of ownership of stock in a corporate owner
of premises which operates the same on a cooperative basis.
4. With respect to units covered by the emergency tenant
protection act of nineteen seventy-four or the rent
stabilization law of nineteen hundred sixty-nine the
exercise of the rights granted by this section shall be
subject to the applicable provisions of such laws. Nothing
contained in this section two hundred twenty-six-b shall be
deemed to affect the rights, if any, of any tenant subject
to title Y of chapter 51 of the administrative code of the
city of New York or the emergency housing rent control law.
5. Any sublet or assignment which does not comply with the
provisions of this section shall constitute a substantial
breach of lease or tenancy.
6. Any provision of a lease or rental agreement purporting to
waive a provision of this section is null and void.
7. The provisions of this section except for items in paragraph
(b) of subdivision two of this section not previously
required, shall apply to all actions and proceedings pending
on the effective date of this section.
8. Nothing contained in this section shall be deemed to prevent
or limit the right of a tenant to sell improvements to a
unit pursuant to article seven-C of the multiple dwelling
law.
Sec. 227. When tenant may surrender premises.
Where any building, which is leased or occupied, is destroyed or
so injured by the elements, or any other cause as to be
untenantable, and unfit for occupancy, and no express agreement
to the contrary has been made in writing, the lessee or occupant
may, if the destruction or injury occurred without his or her
fault or neglect, quit and surrender possession of the leasehold
premises, and of the land so leased or occupied; and he or she is
not liable to pay to the lessor or owner, rent for the time
subsequent to the surrender. Any rent paid in advance or which
may have accrued by the terms of a lease or any other hiring
shall be adjusted to the date of such surrender.
Sec. 227-a. Termination of residential lease by senior
citizens entering certain health care facilities,
adult care facilities or housing projects.
1. In any lease or rental agreement covering premises occupied
for dwelling purposes in which a lessee or tenant has
attained the age of sixty-two years or older, or will attain
such age during the term of such lease or rental agreement
or a husband or wife of such a person residing with him or
her, there shall be implied a covenant by the lessor or
owner to permit such lessee or tenant who is notified of his
or her opportunity to commence occupancy in an adult care
facility (as defined in subdivision twenty-one of section
two of the social services law) except for a shelter for
adults (as defined in subdivision twenty-three of section
two of such law), a residential health care facility (as
defined in section two thousand eight hundred one of the
public health law), or a housing unit which receives
substantial assistance of grants, loans or subsidies from
any federal, state or local agency or instrumentality, or
any not-for-profit philanthropic organization one of whose
primary purposes is providing low or moderate income
housing, or in less expensive premises in a housing project
or complex erected for the specific purpose of housing
senior citizens, to terminate such lease or rental agreement
and quit and surrender possession of the leasehold premises,
and of the land so leased or occupied; and to release the
lessee or tenant from any liability to pay to the lessor or
owner, rent or other payments in lieu of rent for the time
subsequent to the date of termination of such lease in
accordance with subdivision two of this section; and to
adjust to the date of surrender any rent or other payments
made in advance or which have accrued by the terms of such
lease or rental agreement.
2. Any lease or rental agreement covered by subdivision one of
this Section may be terminated by notice in writing
delivered to the lessor or owner or to the lessor's or
owner's agent by a lessee or tenant. Such termination shall
be effective no earlier than thirty days after the date on
which the next rental payment subsequent to the date when
such notice is delivered is due and payable. Such notice
shall be accompanied by a documentation of admission or
pending admission to a facility set forth in subdivision one
of this section. Such notice shall be deemed delivered five
days after mailing.
3. Any person who shall knowingly seize, hold, or detain the
personal effects, clothing, furniture or other property of
any person who has lawfully terminated a lease or rental
agreement covered by this section or the spouse or dependent
of any such person, or in any manner interferes with the
removal of such property from the premises covered by such
lease or rental agreement, for the purpose of subjecting or
attempting to subject any of such property to a purported
claim for rent accruing subsequent to the date of
termination of such lease or rental agreement, or attempts
so to do, shall be guilty of a misdemeanor and shall be
punished by imprisonment not to exceed one year or by fine
not to exceed one thousand dollars, or by both such fine and
imprisonment.
3-a. Each owner or lessor of a facility or unit into which a
lessee or tenant is entitled to move after quitting and
surrendering as provided for herein shall in writing, upon
an application, notify prospective tenants of the provision
of this section. Such notice shall include, in plain and
simple English, in conspicuous print of at least eighteen
point type, an explanation of a tenants right to terminate
the existing lease and all other applicable requirements and
duties relating thereto. Such notice shall read as follows:
NOTICE TO SENIOR CITIZENS:
RESIDENTIAL LEASE TERMINATION
SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW
YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY
SENIOR CITIZENS ENTERING CERTAIN HEALTH CARE FACILITIES,
ADULT CARE FACILITIES OR HOUSING PROJECTS.
Who is eligible?
Any lessee or tenant who is age sixty-two years or
older, or who will attain such age during the term of
the lease or rental agreement, or a spouse of such
person residing with him or her.
What kind of facilities does this law apply to?
This law will apply if the senior citizen is relocating
to:
A. An adult care facility;
B. A residential health care facility;
C. Subsidized low income housing; or
D. Senior citizen housing.
What are the responsibilities of the rental property owner?
When the tenant gives notice of his or her opportunity
to move into one of the above facilities the landlord
must allow:
A. for the termination of the lease or rental
agreement, and
B. the release of the tenant from any liability to
pay rent or other payments in lieu of rent from
the termination of the lease in accordance with
section 227-a of the real property law, to the
time of the original termination date, and
C. to adjust any payments made in advance or payments
which have accrued by the terms of such lease or
rental agreement.
How do you terminate the lease?
If the tenant can move into one of the specified
facilities, he or she must terminate the lease or
agreement in writing no earlier than thirty days after
the date on which the next rental payment (after the
notice is delivered) is due and payable. The notice is
deemed delivered five days after being mailed. The
written notice must include documentation of admission
or pending admission to one of the above mentioned
facilities.
For example: Mail the notice: May 5th
Notice received: May 10th
Next rental payment due: June 1st
Termination effective: July 1st
Will the landlord face penalties if he or she does not
comply?
Yes, according to section 227-a of the real property
law, if anyone interferes with the removal of your
property from the premises they will be guilty of a
misdemeanor and will be either imprisoned for up to one
year or fined up to $1000.00 or both.
4. Any agreement by a lessee or tenant of premises occupied for
dwelling purposes waiving or modifying his or her rights as
set forth in this section shall be void as contrary to
public policy.
Sec. 228. Termination of tenancies at will or by sufferance,
by notice.
A tenancy at will or by sufferance, however created, may be
terminated by a written notice of not less than thirty days given
in behalf of the landlord, to the tenant, requiring him to remove
from the premises; which notice must be served, either by
delivering to the tenant or to a person of suitable age and
discretion, residing upon the premises, or if neither the tenant
nor such a person can be found, by affixing it upon a conspicuous
part of the premises, where it may be conveniently read. At the
expiration of thirty days after the service of such notice, the
landlord may re-enter, maintain an action to recover possession,
or proceed, in the manner prescribed by law, to remove the
tenant, without further or other notice to quit.
Sec. 229. Liability of tenant holding over after giving
notice of intention to quit.
If a tenant gives notice of his intention to quit the premises
held by him, and does not accordingly deliver up the possession
thereof, at the time specified in such notice, he or his personal
representatives must, so long as he continue in possession, pay
to the landlord, his heirs or assigns, double the rent which he
should otherwise have paid, to be recovered at the same time, and
in the same manner, as the single rent.
Sec. 230. Right of tenants to form, join or participate in
tenants' groups.
1. No landlord shall interfere with the right of a tenant to
form, join or participate in the lawful activities of any
group, committee or other organization formed to protect the
rights of tenants; nor shall any landlord harass, punish,
penalize, diminish, or withhold any right, benefit or
privilege of a tenant under his tenancy for exercising such
right.
2. Tenants' groups, committees or other tenants' organizations
shall have the right to meet in any location on the premises
which is devoted to the common use of all tenants in a
peaceful manner, at reasonable hours and without obstructing
access to the premises or facilities. No landlord shall deny
such right.
Sec. 231. Lease, when void; liability of landlord where
premises are occupied for unlawful purpose.
1. Whenever the lessee or occupant other than the owner of any
building or premises, shall use or occupy the same, or any
part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or
occupancy of such building or premises, or any part thereof
shall thereupon become void, and the landlord of such lessee
or occupant may enter upon the premises so let or occupied.
2. The owner of real property, knowingly leasing or giving
possession of the same to be used or occupied, wholly or
partly, for any unlawful trade, manufacture or business, or
knowingly permitting the same to be so used, is liable
severally, and also jointly with one or more of the tenants
or occupants thereof, for any damage resulting from such
unlawful use, occupancy, trade, manufacture or business.
3. For the purposes of this section, two or more convictions of
any person or persons had, within a period of one year, for
any of the offenses described in section 230.00, 230.05,
230.20, 230.25, 230.30, or 230.40 of the penal law arising
out of conduct engaged in at the same premises consisting of
a dwelling as that term is defined in subdivision four of
section four of the multiple dwelling law shall be
presumptive evidence of unlawful use of such premises and of
the owners knowledge of the same.
4. Any lease or agreement hereafter executed for the letting or
occupancy of real property or any portion thereof, to be
used by the lessee as a residence, which contains therein a
provision pledging personal property exempt by law from levy
and sale by virtue of an execution, as security for the
payment of rent due or to become due thereunder, is void as
to such provision.
5. For the purposes of this section, two or more convictions of
any person or persons had, within a period of one year, for
any of the offenses described in section 225.00, 225.05,
225.10, 225.15, 225.20, 225.30, 225.32, 225.35 or 225.40 of
the penal law, arising out of conduct engaged in at the same
premises consisting of a dwelling as that term is defined in
subdivision four of section four of the multiple dwelling
law shall be presumptive evidence of unlawful use of such
premises and of the owner's knowledge of the same.
5. The attorney general may commence an action or proceeding in
the supreme court to enjoin the continued unlawful trade,
manufacture or business in such premises.
6. Any owner or tenant, including a tenant of one or more rooms
of an apartment house, tenement house or multiple dwelling
of any premises within two hundred feet of the demised real
property, may commence an action or proceeding in supreme
court to enjoin the continued unlawful trade, manufacture or
other business in such premises.
Sec. 232. Duration of certain agreements in New York.
An agreement for the occupation of real estate in the city of New
York, which shall not particularly specify the duration of the
occupation, shall be deemed to continue until the first day of
October next after the possession commences under the agreement.
Sec. 232-a. Notice to terminate monthly tenancy or tenancy
from month to month in the city of New York.
No monthly tenant, or tenant from month to month, shall hereafter
be removed from any lands or buildings in the city of New York on
the grounds of holding over his term unless at least thirty days
before the expiration of the term the landlord or his agent serve
upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a
notice in writing to the effect that the landlord elects to
terminate the tenancy and that unless the tenant removes from
such premises on the day on which his term expires the landlord
will commence summary proceedings under the statute to remove
such tenant therefrom.
Sec. 232-b. Notification to terminate monthly tenancy or
tenancy from month to month outside the city of
New York.
A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be
terminated by the landlord or the tenant upon his notifying the
other at least one month before the expiration of the term of his
election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.
Sec. 232-c. Holding over by a tenant after expiration of a
term longer than one month; effect of acceptance
of rent.
Where a tenant whose term is longer than one month holds over
after the expiration of such term, such holding over shall not
give to the landlord the option to hold the tenant for a new term
solely by virtue of the tenant's holding over. In the case of
such a holding over by the tenant, the landlord may proceed, in
any manner permitted by law, to remove the tenant, or, if the
landlord shall accept rent for any period subsequent to the
expiration of such term, then, unless an agreement either express
or implied is made providing otherwise, the tenancy created by
the acceptance of such rent shall be a tenancy from month to
month commencing on the first day after the expiration of such
term.
Sec. 233. Mobile home parks; duties, responsibilities.
a. Wherever used in this section:
1. The term "mobile home tenant" means one who rents space
in a mobile home park from a mobile home park owner or
operator for the purpose of parking his mobile home or
one who rents a mobile home in a mobile home park from
a mobile home park owner or operator.
2. The term "mobile home owner" means one who holds title
to a mobile home.
3. The term "mobile home park" means a contiguous parcel
of privately owned land which is used for the
accommodation of three or more mobile homes occupied
for year-round living.
b. A mobile home park owner or operator may not evict a mobile
home tenant other than for the following reasons:
1. The mobile home tenant continues in possession of any
portion of the premises after the expiration of his
term without the permission of the mobile home park
owner or operator.
2. The mobile home tenant has defaulted in the payment of
rent, pursuant to the agreement under which the
premises are held, and a demand of the rent with at
least thirty days' notice in writing has been served
upon him as prescribed in section seven hundred thirty-
five of the real property actions and proceedings law.
Upon the acceptance of such delinquent rent together
with allowable costs, an action instituted for
nonpayment of rent shall be terminated. Any person
succeeding to the mobile home park owner or operator's
interest in the premises may proceed under this
subdivision for rent due his predecessor in interest if
he has a right thereto.
3. The premises, or any part thereof, are used or occupied
as a bawdy-house, or house or place of assignation for
lewd purposes or for purposes of prostitution, or for
any illegal trade or business.
4. The mobile home tenant is in violation of some federal,
state or local law or ordinance which may be deemed
detrimental to the safety and welfare of the other
persons residing in the mobile home park.
5. The mobile home tenant or anyone occupying the mobile
home is in violation of any lease term or rule or
regulation established by the mobile home park owner or
operator pursuant to this section, and has continued in
violation for more than ten days after the mobile home
park owner or operator has given written notice of such
violation to the mobile home tenant setting forth the
lease term or rule or regulation violated and directing
that the mobile home tenant correct or cease violation
of such lease term or rule or regulation within ten
days from the receipt of said notice. Upon the
expiration of such period should the violation continue
or should the mobile home tenant or anyone occupying
the mobile home be deemed a persistent violator of the
lease term or rules and regulations, the park owner or
operator may serve written notice upon the mobile home
tenant directing that he vacate the premises within
thirty days of the receipt of said notice.
6. The mobile home park owner or operator proposes a
change in the use of the land comprising the mobile
home park, or a portion thereof, on which the mobile
home is located, from mobile home lot rentals to some
other use, provided the mobile home owner is given
written notice of the proposed change of use and the
mobile home owner's need to secure other
accommodations. Whenever a mobile home park owner or
operator gives a notice of proposed change of use to
any mobile home owner, the mobile home park owner or
operator shall, at the same time, give notice of the
proposed change of use to all other mobile home owners
in the mobile home park who will be required to secure
other accommodations as a result of such proposed
change of use. Eviction proceedings based on a change
in use shall not be commenced prior to six months from
the service of notice of proposed change in use or the
end of the lease term, whichever is later. Such notice
shall be served in the manner prescribed in section
seven hundred thirty-five of the real property actions
and proceedings law or by certified mail, return
receipt requested.
c. If the mobile home park owner or operator does not have one
of the above grounds available, the mobile home tenant may
raise the same by affirmative defense to an action for
eviction.
d. The proceedings to evict shall be governed by the procedures
set forth in article seven of the real property actions and
proceedings law, except for the provisions of subdivision
two of section seven hundred forty-nine of the real property
actions and proceedings law which shall be superseded by the
provisions of this subdivision.
1. The officer to whom the warrant is directed and
delivered shall give at least ninety days notice, in
writing and in the manner prescribed in article seven
of the real property actions and proceedings law for
the service of notice of petition, to the person or
persons to be evicted or dispossessed and shall execute
the warrant between the hours of sunrise and sunset.
2. The court may order that such warrant be directed and
delivered with only thirty days written notice to the
person or persons to be evicted or dispossessed if the
conditions upon which the eviction is founded pose an
imminent threat to the health, safety, or welfare of
the other mobile home tenants in the mobile home park.
3. The court shall order that such warrant be directed and
delivered with thirty days written notice to the person
or persons to be evicted or dispossessed if the
condition upon which the eviction is founded is that
such person is in default in the payment of rent.
4. Notwithstanding the provisions of paragraphs one and
two of this subdivision, nor of any other general,
special or local law, rule or regulation to the
contrary, the officer to whom the warrant is directed
and delivered shall give seventy-two hours written
notice to the person or persons to be evicted or
dispossessed, if such person or persons rents a mobile
home in a mobile home park from a mobile home park
owner or operator and such officer shall execute such
warrant between the hours of sunrise and sunset.
e. Leases.
1. The mobile home park owner or operator shall offer
every mobile home tenant prior to occupancy, the
opportunity to sign a lease for a minimum of one year,
which offer shall be made in writing.
2. (i) On or before, as appropriate, (a) the first
day of October of each calendar year with
respect to a mobile home owner then in good
standing who is not currently a party to a
written lease with a mobile home park owner or
operator or (b) the ninetieth day next preceding
the expiration date of any existing written
lease between a mobile home owner then in good
standing and a mobile home park owner or
operator, the mobile home park owner or operator
shall submit to each such mobile home owner a
written offer to lease for a term of at least
twelve months from the commencement date thereof
unless the mobile home park owner or operator
has previously furnished the mobile home owner
with written notification of a proposed change
of use pursuant to paragraph six of subdivision
b of this section. Any such offer shall include
a copy of the proposed lease containing such
terms and conditions, including provisions for
rent and other charges, as the mobile home park
owner shall deem appropriate; provided such
terms and conditions are consistent with all
rules and regulations promulgated by the mobile
home park operator prior to the date of the
offer and are not otherwise prohibited or
limited by applicable law. Such offer shall also
contain a statement advising the mobile home
owner that if he or she fails to execute and
return the lease to the mobile home park owner
or operator within thirty days after submission
of such lease, the mobile home owner shall be
deemed to have declined the offer of a lease and
shall not have any right to a lease from the
mobile home park owner or operator for the next
succeeding twelve months.
(ii) For purposes of this paragraph, a mobile home
owner shall be deemed in good standing if he or
she is not in default in the payment of more
than one month's rent to the mobile home park
owner, and is not in violation of paragraph
three, four or five of subdivision b of this
Section. No mobile home park owner or operator
shall refuse to provide a written offer to lease
based on a default of rent payments or a
violation of paragraph three, four or five of
subdivision b of this Section unless, at least
thirty days prior to the last date on which the
owner or operator would otherwise be required to
provide such written offer to lease, the owner
or operator notifies the mobile home owner, in
writing, of the default in rent or the specific
grounds constituting the violation and such
grounds continues up and until the fifth
calendar day immediately preceding the last date
on which the written offer would otherwise be
required to be made.
(iii) For purposes of this paragraph, the commencement
date of any lease offered by the mobile home
park owner to the mobile home owner shall be the
ninetieth day after the date upon which the
mobile home park owner shall have provided the
offer required pursuant to this paragraph;
provided, however, that no such lease shall be
effective if, on such commencement date, the
mobile home owner is in default of more than one
month's rent. In the event the mobile home owner
shall have failed to execute and return said
lease to the mobile home park owner or operator
within thirty days after it is submitted to the
mobile home owner as required by subparagraph
(i) of this paragraph the mobile home owner
shall be deemed to have declined to enter said
lease.
3. No lease provision shall be inconsistent with any rule
or regulation in effect at the commencement of the
lease.
f. Rules and regulations.
1. A mobile home park owner or operator may promulgate
rules and regulations governing the rental or occupancy
of a mobile home lot provided such rules and
regulations shall not be unreasonable, arbitrary or
capricious. A copy of all rules and regulations shall
be delivered by the mobile home park owner or operator
to all mobile home tenants at the commencement of
occupancy. A copy of the rules and regulations shall be
posted in a conspicuous place upon the mobile home park
grounds.
2. If a rule or regulation is not applied uniformly to all
mobile home tenants of the mobile home park there shall
be a rebuttable presumption that such rule or
regulation is unreasonable, arbitrary and capricious,
provided, however, that an inconsistency between a rule
or regulation and a lease term contained in a lease
signed before the date the rule or regulation is
effective shall not raise a rebuttable presumption that
such rule is unreasonable, arbitrary or capricious.
3. Any rule or regulation which does not conform to the
requirements of this section or which has not been
supplied or posted as required by paragraph one of this
subdivision shall be unenforceable and may be raised by
the mobile home tenant as an affirmative defense in any
action to evict on the basis of a violation of such
rule or regulation.
4. No rules or regulations may be changed by the mobile
home park owner or operator without specifying the date
of implementation of said changed rules and
regulations, which date shall be no fewer than thirty
days after written notice to all tenants.
g. 1. No tenant shall be charged a fee for other than
rent, utilities and charges for facilities and services
available to the tenant. All fees, charges or
assessments must be reasonably related to services
actually rendered.
2. A mobile home park owner or operator shall be required
to fully disclose in writing all fees, charges,
assessments, including rental fees, rules and
regulations prior to a mobile home tenant assuming
occupancy in the mobile home park.
3. No fees, charges, assessments or rental fees may be
increased by mobile home park owner or operator without
specifying the date of implementation of said fees,
charges, assessments or rental fees which date shall be
no less than ninety days after written notice to all
mobile home tenants. Failure on the part of the mobile
home park owner or operator to fully disclose all fees,
charges or assessments shall prevent the mobile home
park owner or operator from collecting said fees,
charges or assessments, and refusal by the mobile home
tenant to pay any undisclosed charges shall not be used
by the mobile home park owner or operator as a cause
for eviction in any court of law.
4. (a) Whenever money shall be deposited or
advanced on a contract or license agreement for
the use or rental of premises and the mobile
home, if rented, in a mobile home park as
security for performance of the contract or
agreement or to be applied to payments upon such
contract or agreement when due, such money with
interest accruing thereon, if any, until repaid
or so applied, shall continue to be the money of
the person making such deposit or advance and
shall be a trust fund in the possession of the
person with whom such deposit or advance shall
be made and shall not be mingled with other
funds or become an asset of the park owner,
operator or his agent.
(b) Whenever the person receiving money so deposited
or advanced shall deposit such money in a
banking organization, such person shall
thereupon notify in writing each of the persons
making such security deposit or advance, giving
the name and address of the banking organization
in which the deposit of security money is made,
and the amount of such deposit. Deposits in a
banking organization pursuant to the provisions
of this subdivision shall be made in a banking
organization having a place of business within
the state. If the person depositing such
security money in a banking organization shall
deposit same in an interest bearing account, he
shall be entitled to receive, as administration
expenses, a sum equivalent to one percent per
annum upon the security money so deposited,
which shall be in lieu of all other
administrative and custodial expenses. The
balances of the interest paid by the banking
organization shall be the money of the person
making the deposit or advance and shall either
be held in trust by the person with whom such
deposit or advance shall be made, until repaid
or applied for the use or rental of the leased
premises, or annually paid to the person making
the deposit of security money.
(c) Whenever the money so deposited or advanced is
for the rental of a mobile home park lot on
property on which are located six or more mobile
home park lots, the person receiving such money
shall, subject to the provisions of this
section, deposit it in an interest bearing
account in a banking organization within the
state which account shall earn interest at a
rate which shall be the prevailing rate earned
by other such deposits made with the banking
organizations in such area.
(d) In the event that a lease terminates other than
at the time that a banking organization in such
area regularly pays interest, the person
depositing such security money shall pay over to
his mobile home tenant such interest as he is
able to collect at the date of such lease
termination.
(e) Any provision of such a contract or agreement
whereby a person who so deposits or advances
money waives any provision of this subdivision
is void.
h. No mobile home park owner shall:
1. Require a mobile home tenant therein to purchase from
said mobile home park owner or operator skirting or
equipment for tying down mobile homes, or any other
equipment. However, the mobile home park owner or
operator may determine by rule or regulation the style
or quality of such equipment to be purchased by the
mobile home tenant from the vendor of the mobile home
tenant's choosing, providing such equipment is readily
available.
2. Charge any mobile home tenant who chooses to install an
electric or gas appliance in his mobile home an
additional fee solely on the basis of such installation
unless such installation is performed by the mobile
home park owner or operator at the request of the
mobile home tenant, nor shall the mobile home park
owner or operator restrict the installation, service or
maintenance of any such appliance, restrict the ingress
or egress of repairers to enter the mobile home park
for the purpose of installation, service or maintenance
of any such appliance, or restrict the making of any
interior improvement in such mobile home, so long as
such an installation or improvement is in compliance
with applicable building codes and other provisions of
law and further provided that adequate utilities are
available for such installation or improvement.
3. Require, by contract, rule, regulation or otherwise, a
mobile home dweller to purchase from the mobile home
park owner or any person acting directly or indirectly
on behalf of the park owner, commodities or services
incidental to placement or rental within such park; nor
shall the park owner restrict access to the mobile home
park to any person employed, retained or requested by
the mobile home dweller to provide such commodity or
service, unless the mobile home park owner establishes
that such requirement or restriction is necessary to
protect the property of such park owner from
substantial harm or impairment.
4. Require a mobile home owner or a prospective mobile
home owner to purchase his or her mobile home from the
mobile home park owner or operator, or from any person
or persons designated by the mobile home park owner or
operator. Nothing herein shall be construed to prevent
a mobile home park owner or operator from requiring
that any new mobile home to be installed in his or her
mobile home park comply with the rules and regulations
of said mobile home park or conform to the physical
facilities then existing for installation of a mobile
home in said mobile home park.
i. 1. No mobile home park owner or operator shall deny
any mobile home tenant the right to sell his mobile
home within the mobile home park provided the mobile
home tenant shall give to the mobile home park owner or
operator twenty days' written notice of his intention
to sell, or require the mobile home owner or subsequent
purchaser to remove the mobile home from the mobile
home park solely on the basis of the sale thereof. The
mobile home park owner or operator may reserve the
right to approve the purchaser of said mobile home as a
mobile home tenant for the remainder of the seller's
term but such permission may not be unreasonably
withheld. If the mobile home park owner or operator
unreasonably withholds his permission, the mobile home
tenant may recover the costs of the proceedings and
attorneys' fees if it is found that the mobile home
park owner or operator acted in bad faith by
withholding permission.
2. The mobile home park owner or operator shall not exact
a commission or fee with respect to the price realized
by the seller unless the mobile home park owner or
operator has acted as agent for the mobile home owner
in the sale pursuant to a written contract.
3. If the ownership or management rejects a purchaser as a
prospective tenant, the selling tenant must be informed
in writing of the reasons therefor.
j. The owner or operator of a mobile home park may enter a
mobile home owner's mobile home without the prior consent of
the occupant only in case of emergency. The owner or
operator of a mobile home park may enter a mobile home
tenant's mobile home during reasonable hours on reasonable
notice.
k. The owner or operator shall provide reasonable notice where
practicable to all mobile home tenants who would be affected
by any planned disruption of necessary services caused by
the owner, operator or his agent.
l. The park owner shall designate an agent on the premises or
in close proximity to the mobile home park to insure the
availability of emergency response actions in matters
affecting the health, safety, well-being and welfare of
mobile home tenants in the park. The designated agent's
name, address and telephone number shall be posted in a
conspicuous location in the park, given in writing to each
tenant and registered with appropriate county law
enforcement and health officials and local fire officials.
m. Warranty of habitability, maintenance, disruption of
services. In every written or oral lease or rental agreement
entered into by a mobile home tenant, the mobile home park
owner or operator shall be deemed to covenant and warrant
that the premises so leased or rented and the mobile home if
rented and all areas used in connection therewith in common
with other mobile home tenants or residents including all
roads within the mobile home park are fit for human
habitation and for the uses reasonably intended by the
parties and that the occupants of such premises and such
mobile homes if rented shall not be subjected to any
conditions which would be dangerous, hazardous or
detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the mobile
home tenant or lessee or persons under his direction or
control, it shall not constitute a breach of such covenants
and warranties. The rights and obligations of the mobile
home park owner or operator and the mobile home tenant shall
be governed by the provisions of this subdivision and
subdivisions two and three of section two hundred thirty-
five-b of this article.
n. 1. No mobile home park owner or operator shall serve
a notice to quit upon any mobile home tenant or
commence any action to recover real property or summary
proceeding to recover possession of real property in
retaliation for:
(a) A good faith complaint, by or in behalf of the
tenant, to a governmental authority of the
mobile home park owner's or operator's alleged
violation of any health or safety law,
regulation, code, or ordinance, or any law or
regulation which has as its objective the
regulation of premises used for dwelling
purposes; or
(b) Actions taken in good faith, by or in behalf of
the mobile home tenant, to secure or enforce any
rights under the lease or rental agreement,
under subdivision m of this section and
subdivisions two and three of section two
hundred thirty-five-b of this article, or under
any other local law, law of the state of New
York, or of its governmental subdivisions, or of
the United States which has as its objective the
regulation of premises used for dwelling
purposes; or
(c) The mobile home tenant's participation in the
activities of a tenant's organization.
2. No mobile home park owner or operator shall
substantially alter the terms of the tenancy in
retaliation for any actions set forth in subparagraphs
(a), (b), and (c) of paragraph one of this subdivision.
Substantial alteration shall include, but is not
limited to, the refusal to continue a tenancy of the
mobile home tenant or, upon expiration of the mobile
home owner's lease, to renew the lease or offer a new
lease; provided, however, that a mobile home park owner
or operator shall not be required under this
subdivision to offer a mobile home owner a new lease or
a lease renewal for a term greater than one year.
3. This subdivision shall apply to all mobile home parks
with four or more mobile homes. However, its provisions
shall not be given effect in any case in which it is
established that the condition from which the complaint
or action arose was caused by the mobile home tenant, a
member of the mobile home tenant's household, or a
guest of the mobile home tenant. Nor shall it apply in
a case where a tenancy was terminated pursuant to the
terms of a lease as a result of a bona fide transfer of
ownership. The rights and obligations of the mobile
home park owner or operator and the mobile home tenant
shall be governed by the provisions of this subdivision
and subdivisions three, four and five of section two
hundred twenty-three-b of this article.
o. Whenever a lease shall provide that in any action or summary
proceeding the mobile home park owner or operator may
recover attorney's fees and/or expenses incurred as the
result of the failure of the tenant to perform any covenant
or agreement contained in such lease, or that amounts paid
by the mobile home park owner or operator therefor shall be
paid by the tenant as additional rent, there shall be
implied in such lease a covenant by the mobile home park
owner or operator, to pay to the tenant the reasonable
attorney's fees and/or expenses incurred by the tenant to
the same extent as is provided in section two hundred thirty-
four of this article which section shall apply in its
entirety.
p. Any mobile home park owner or operator who has agreed to
provide hot or cold water, heat, light, power, or any other
service or facility to any occupant of the mobile home park
who willfully or intentionally without just cause fails to
furnish such water, heat, light, power, or other service or
facility, or who interferes with the quiet enjoyment of the
leased premises, is guilty of a violation.
q. Upon receipt of rent, fees, charges or other assessments, in
the form of cash or any instrument other than the personal
check of the tenant, it shall be the duty of the mobile home
park owner or operator to provide the payor with a written
receipt containing the following:
1. the date;
2. the amount;
3. the identity of the premises and the period for which
paid;
4. the signature and title of the person receiving rent.
r. Limitation on late charges. A late charge on any rental
payment by a mobile home owner which has become due and
remains unpaid shall not exceed and shall be enforced to the
extent of five percent of such delinquent payment; provided,
however, that no charge shall be imposed on any rental
payment by a mobile home owner received within ten days
after the due date. In the absence of a specific provision
in the lease or the mobile home park's rules and
regulations, no late charge on any delinquent rental payment
shall be assessed or collected.
s. It shall be a violation for a mobile home park owner,
operator or his agent to restrict occupancy of a mobile home
or mobile home park lot intended for residential purposes by
express lease terms or otherwise, to a mobile home tenant or
tenants or to such tenants and immediate family. Any such
restriction in a lease or rental agreement entered into or
renewed before or after the effective date of this
subdivision shall be unenforceable as against public policy.
The rights and obligations of a mobile home park owner or
operator and the mobile home tenant shall be governed by the
provisions of this subdivision and subdivisions one, three,
four, five, six, seven, eight and nine of section two
hundred thirty-five-f of this article.
t. 1. Unless a greater right to assign is conferred by
the lease, a mobile home tenant may not assign his
lease without the written consent of the mobile home
park owner or operator, which consent may be
unconditionally withheld without cause provided that
the mobile home park owner or operator shall release
the mobile home tenant from the lease upon request of
the mobile home tenant upon thirty days notice if the
mobile home park owner or operator unreasonably
withholds consent which release shall be the sole
remedy of the tenant. If the owner reasonably withholds
consent, there shall be no assignment and the mobile
home tenant shall not be released from the lease.
2. (a) A mobile home tenant renting space or a
mobile home in a mobile home park with four or
more mobile homes pursuant to an existing lease
shall have a right to sublease his premises
subject to the written consent of the park owner
in advance of the subletting. Such consent shall
not be unreasonably withheld.
(b) The mobile home tenant shall inform the mobile
home park owner or operator of his intent to
sublease by mailing a notice of such intent by
certified mail, return receipt requested. Such
request shall be accompanied by the following
information: (i) the term of the sublease, (ii)
the name of the proposed sublessee, (iii) the
business and permanent home address of the
proposed sublessee, (iv) the tenant's reason for
subletting, (v) the tenant's address for the
term of the sublease, (vi) the written consent
of any co-tenant or guarantor of the lease, and
(vii) a copy of the proposed sublease, to which
a copy of the mobile home tenant's lease shall
be attached if available, acknowledged by the
mobile home tenant and proposed subtenant as
being a true copy of such sublease.
(c) Within ten days after the mailing of such
request, the mobile home park owner or operator
may ask the mobile home tenant for additional
information as will enable the mobile home park
owner or operator to determine if rejection of
such request shall be unreasonable. Any such
request for additional information shall not be
unduly burdensome. Within thirty days after the
mailing of the request for consent, or of the
additional information reasonably asked for by
the mobile home park owner or operator,
whichever is later, the mobile home park owner
or operator shall send a notice to the mobile
home tenant of his consent or, if he does not
consent, his reasons therefor. Mobile home park
owner's or operator's failure to send such a
notice shall be deemed to be a consent to the
proposed subletting. If the mobile home park
owner or operator consents, the premises may be
sublet in accordance with the request, but the
mobile home tenant thereunder, shall
nevertheless remain liable for the performance
of mobile home tenant's obligations under said
lease. If the mobile home park owner or operator
reasonably withholds consent, there shall be no
subletting and the mobile home tenant shall not
be released from the lease. If the mobile home
park owner or operator unreasonably withholds
consent, the mobile home tenant may sublet in
accordance with the request and may recover the
costs of the proceeding and attorneys fees if it
is found that the mobile home park owner or
operator acted in bad faith by withholding
consent. The rights and obligations of the
mobile home park owner or operator and the
mobile home tenant shall be governed by the
provisions of this subdivision and subdivisions
three, five, six, seven and eight of section two
hundred twenty-six-b of this article.
u. In the event of a breach by a mobile home park owner or
operator of any of the requirements of this section, the
mobile home tenant may commence an action for damages
actually incurred as a result of such breach, or in an
action or summary proceeding commenced by such mobile home
park owner or operator, may counterclaim for damages
occasioned by such breach.
v. On and after April first, nineteen hundred eighty-nine, the
commissioner of housing and community renewal shall have the
power and duty to enforce and ensure compliance with the
provisions of this Section. However, the commissioner shall
not have the power or duty to enforce mobile home park rules
and regulations established under subdivision f of this
section. On or before January first, nineteen hundred eighty-
nine, each mobile home park owner or operator shall file a
registration statement with the commissioner and shall
thereafter file an annual registration statement on or
before January first of each succeeding year. The
commissioner, by regulation, shall provide that such
registration statement shall include only the names of all
persons owning an interest in the park, the names of all
tenants of the park, all services provided by the park owner
to the tenants and a copy of all current mobile home park
rules and regulations. Whenever there shall be a violation
of this section, an application may be made by the
commissioner of housing and community renewal in the name of
the people of the state of New York to a court or justice
having jurisdiction by a special proceeding to issue an
injunction, and upon notice to the defendant of not less
than five days, to enjoin and restrain the continuance of
such violation; and if it shall appear to the satisfaction
of the court or justice that the defendant has, in fact,
violated this section, an injunction may be issued by such
court or justice, enjoining and restraining any further
violation and with respect to this subdivision, directing
the filing of a registration statement. In any such
proceeding, the court may make allowances to the
commissioner of housing and community renewal of a sum not
exceeding two thousand dollars against each defendant, and
direct restitution. Whenever the court shall determine that
a violation of this section has occurred, the court may
impose a civil penalty of not more than one thousand five
hundred dollars for each violation. Such penalty shall be
deposited in the mobile home cooperative fund, created
pursuant to Section fifty-nine-h of the private housing
finance law. In connection with any such proposed
application, the commissioner of housing and community
renewal is authorized to take proof and make a determination
of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules. The provisions of
this subdivision shall not impair the rights granted under
subdivision u of this section.
Sec. 234. Tenants' right to recover attorneys' fees in
actions or summary proceedings arising out of
leases of residential property.
Whenever a lease of residential property shall provide that in
any action or summary proceeding the landlord may recover
attorneys' fees and/or expenses incurred as the result of the
failure of the tenant to perform any covenant or agreement
contained in such lease, or that amounts paid by the landlord
therefor shall be paid by the tenant as additional rent, there
shall be implied in such lease a covenant by the landlord to pay
to the tenant the reasonable attorneys' fees and/or expenses
incurred by the tenant as the result of the failure of the
landlord to perform any covenant or agreement on its part to be
performed under the lease or in the successful defense of any
action or summary proceeding commenced by the landlord against
the tenant arising out of the lease, and an agreement that such
fees and expenses may be recovered as provided by law in an
action commenced against the landlord or by way of counterclaim
in any action or summary proceeding commenced by the landlord
against the tenant. Any waiver of this section shall be void as
against public policy.
Sec. 235. Wilful violations.
1. Any lessor, agent, manager, superintendent or janitor of any
building, or part thereof, the lease or rental agreement
whereof by its terms, expressed or implied, requires the
furnishing of hot or cold water, heat, light, power,
elevator service, telephone service or any other service or
facility to any occupant of said building, who wilfully or
intentionally fails to furnish such water, heat, light,
power, elevator service, telephone service or other service
or facility at any time when the same are necessary to the
proper or customary use of such building, or part thereof,
or any lessor, agent, manager, superintendent or janitor who
wilfully and intentionally interferes with the quiet
enjoyment of the leased premises by such occupant, is guilty
of a violation.
2. Any lessor, agent, manager, superintendent or janitor of any
building, or part therof, who wilfully or intentionally acts
to prevent or obstruct the delivery of fuel oil ordered in
compliance with either section three hundred two-c of the
multiple dwelling law or section three hundred five-c of the
multiple residence law or the refiring of an oil burner
after such a delivery shall be guilty of a violation.
Sec. 235-a. Tenant right to offset payments and entitlement to
damages in certain cases.
1. In any case in which a tenant shall lawfully make a payment
to a utility company pursuant to the provisions of sections
thirty-three, thirty-four and one hundred sixteen of the
public service law, such payment shall be deductible from
any future payment of rent.
2. Any owner (as defined in the multiple dwelling law or
multiple residence law) of a multiple dwelling responsible
for the payment of charges for gas, electric, steam or water
service who causes the discontinuance of that service by
failure or refusal to pay the charges for past service shall
be liable for compensatory and punitive damages to any
tenant whose utility service is so discontinued.
*3. Nothing contained in this section and no payment made
pursuant to this section shall be deemed to discharge the
liability of a renter with an interest in real property
pursuant to subdivision two of section three hundred four of
the real property tax law from taxes levied on such
interest.
*NB (Effective pending ruling by Commissioner of Internal
Revenue)
Sec. 235-b. Warranty of habitability.
1. In every written or oral lease or rental agreement for
residential premises the landlord or lessor shall be deemed
to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common
with other tenants or residents are fit for human habitation
and for the uses reasonably intended by the parties and that
the occupants of such premises shall not be subjected to any
conditions which would be dangerous, hazardous or
detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the tenant or
lessee or persons under his direction or control, it shall
not constitute a breach of such covenants and warranties.
2. Any agreement by a lessee or tenant of a dwelling waiving or
modifying his rights as set forth in this section shall be
void as contrary to public policy.
3. In determining the amount of damages sustained by a tenant
as a result of a breach of the warranty set forth in the
section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot
be cured by reason of a strike or other labor dispute
which is not caused primarily by the individual
landlord or lessor and such damages are attributable to
such strike, exclude recovery to such extent, except to
the extent of the net savings, if any, to the landlord
or lessor by reason of such strike or labor dispute
allocable to the tenant's premises, provided, however,
that the landlord or lesser has made a good faith
attempt, where practicable, to cure the breach.
Sec. 235-c. Unconscionable lease or clause.
1. If the court as a matter of law finds a lease or any clause
of the lease to have been unconscionable at the time it was
made the court may refuse to enforce the lease, or it may
enforce the remainder of the lease without the
unconscionable clause, or it may so limit the application of
any unconscionable clause as to avoid any unconscionable
result.
2. When it is claimed or appears to the court that a lease or
any clause thereof may be unconscionable the parties shall
be afforded a reasonable opportunity to present evidence as
to its setting, purpose and effect to aid the court in
making the determination.
Sec. 235-d. Harassment.
1. Notwithstanding any other provision of law, within a city
having a population of one million or more, it shall be
unlawful and shall constitute harassment for any landlord of
a building which at any time was occupied for manufacturing
or warehouse purposes, or other person acting on his behalf,
to engage in any course of conduct, including, but not
limited to intentional interruption or discontinuance or
willful failure to restore services customarily provided or
required by written lease or other rental agreement, which
interferes with or disturbs the comfort, repose, peace or
quiet of a tenant in the tenant's use or occupancy of rental
space if such conduct is intended to cause the tenant (i) to
vacate a building or part thereof; or (ii) to surrender or
waive any rights of such tenant under the tenant's written
lease or other rental agreement.
2. The lawful termination of a tenancy or lawful refusal to
renew or extend a written lease or other rental agreement
shall not constitute harassment for purposes of this
section.
3. As used in this section the term "tenant" means only a
person or business occupying or residing at the premises
pursuant to a written lease or other rental agreement, if
such premises are located in a building which at any time
was occupied for manufacturing or warehouse purposes and a
certificate of occupancy for residential use of such
building is not in effect at the time of the last alleged
acts or incidents upon which the harassment claim is based.
4. A tenant may apply to the supreme court for an order
enjoining acts or practices which constitute harassment
under subdivision one of this section; and upon sufficient
showing, the supreme court may issue a temporary or
permanent injunction, restraining order or other order, all
of which may, as the court determines in the exercise of its
sound discretion, be granted without bond. In the event the
court issues a preliminary injunction it shall make
provision for an expeditious trial of the underlying action.
5. The powers and remedies set forth in this section shall be
in addition to all other powers and remedies in relation to
harassment including the award of damages. Nothing contained
herein shall be construed to amend, repeal, modify or affect
any existing local law or ordinance, or provision of the
charter or administrative code of the city of New York, or
to limit or restrict the power of the city to amend or
modify any existing local law, ordinance or provision of the
charter or administrative code, or to restrict or limit any
power otherwise conferred by law with respect to harassment.
6. Any agreement by a tenant in a written lease or other rental
agreement waiving or modifying his rights as set forth in
this section shall be void as contrary to public policy.
Sec. 235-e. Duty of landlord to provide written receipt.
(a) Upon the receipt of rent for residential premises in the
form of cash or any instrument other than the personal check
of the tenant, it shall be the duty of the landlord to
provide the payor with a written receipt containing the
following:
1. The date;
2. The amount;
3. The identity of the premises and period for which paid;
and
4. The signature and title of the person receiving the
rent.
(b) Where a tenant, in writing, requests that a landlord provide
a receipt for rent paid by personal check, it shall be the
duty of the landlord to provide the payor with the receipt
described in subdivision (a) of this Section for each such
request made in writing.
Sec. 235-f. Unlawful restrictions on occupancy.
1. As used in this Section, the terms:
(a) "Tenant" means a person occupying or entitled to occupy
a residential rental premises who is either a party to
the lease or rental agreement for such premises or is a
statutory tenant pursuant to the emergency housing rent
control law or the city rent and rehabilitation law or
article seven-c of the multiple dwelling law.
(b) "Occupant" means a person, other than a tenant or a
member of a tenant's immediate family, occupying a
premises with the consent of the tenant or tenants.
2. It shall be unlawful for a landlord to restrict occupancy of
residential premises, by express lease terms or otherwise,
to a tenant or tenants or to such tenants and immediate
family. Any such restriction in a lease or rental agreement
entered into or renewed before or after the effective date
of this section shall be unenforceable as against public
policy.
3. Any lease or rental agreement for residential premises
entered into by one tenant shall be construed to permit
occupancy by the tenant, immediate family of the tenant, one
additional occupant, and dependent children of the occupant
provided that the tenant or the tenant's spouse occupies the
premises as his primary residence.
4. Any lease or rental agreement for residential premises
entered into by two or more tenants shall be construed to
permit occupancy by tenants, immediate family of tenants,
occupants and dependent children of occupants; provided that
the total number of tenants and occupants, excluding
occupants' dependent children, does not exceed the number of
tenants specified in the current lease or rental agreement,
and that at least one tenant or a tenants' spouse occupies
the premises as his primary residence.
5. The tenant shall inform the landlord of the name of any
occupant within thirty days following the commencement of
occupancy by such person or within thirty days following a
request by the landlord.
6. No occupant nor occupant's dependent child shall, without
express written permission of the landlord, acquire any
right to continued occupancy in the event that the tenant
vacates the premises or acquire any other rights of tenancy;
provided that nothing in this section shall be construed to
reduce or impair any right or remedy otherwise available to
any person residing in any housing accommodation on the
effective date of this section which accrued prior to such
date.
7. Any provision of a lease or rental agreement purporting to
waive a provision of this section is null and void.
8. Nothing in this section shall be construed as invalidating
or impairing the operation of, or the right of a landlord to
restrict occupancy in order to comply with federal, state or
local laws, regulations, ordinances or codes.
9. Any person aggrieved by a violation of this section may
maintain an action in any court of competent jurisdiction
for:
(a) an injunction to enjoin and restrain such unlawful
practice;
(b) actual damages sustained as a result of such unlawful
practice; and
(c) court costs.
Sec. 236. Assignment of lease of a deceased tenant.
Notwithstanding any contrary provision contained in any lease
hereafter made which affects premises demised for residential
use, or partly for residential and partly for professional use,
the executor, administrator or legal representative of a deceased
tenant under such a lease, may request the landlord thereunder to
consent to the assignment of such a lease, or to the subletting
of the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or
guarantor of such lease and a statement of the name, business and
home addresses of the proposed assignee or sublessee. Within ten
days after the mailing of such request, the landlord may ask the
sender thereof for additional information as will enable the
landlord to determine if rejection of such request shall be
unreasonable. Within thirty days after the mailing of the request
for consent, or of the additional information reasonably asked
for by the landlord, whichever is later, the landlord shall send
a notice to the sender thereof of his election to terminate said
lease or to grant or refuse his consent. Landlord's failure to
send such a notice shall be deemed to be a consent to the
proposed assignment or subletting. If the landlord consents, said
lease may be assigned in accordance with the request provided a
written agreement by the assignee assuming the performance of the
tenant's obligations under the lease is delivered to the landlord
in form reasonably satisfactory to the landlord, or the premises
may be sublet in accordance with the request, as the case may be,
but the estate of the deceased tenant, and any other tenant
thereunder, shall nevertheless remain liable for the performance
of tenant's obligations under said lease. If the landlord
terminates said lease or unreasonably refuses his consent, said
lease shall be deemed terminated, and the estate of the deceased
tenant and any other tenant thereunder shall be discharged from
further liability thereunder as of the last day of the calendar
month during which the landlord was required hereunder to
exercise his option. If the landlord reasonably refuses his
consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent
hereunder. Any request, notice or communication required or
authorized to be given hereunder shall be sent by registered or
certified mail, return receipt requested. This act shall not
apply to a proprietary lease, viz.: a lease to, or held by, a
tenant entitled thereto by reason of ownership of stock in a
corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall
be void as against public policy.
Sec. 236*. Discrimination against children in dwelling houses
and mobile home parks.
a. Any person, firm or corporation owning or having in charge
any apartment house, tenement house or other building or
mobile home park used for dwelling purposes who shall refuse
to rent any or part of any such building of mobile home park
to any person or family, or who discriminates in the terms,
conditions, or privileges of any such rental, solely on the
ground that such person or family has or have a child or
children shall be guilty of a misdemeanor and on conviction
thereof shall be punished by a fine of not less than fifty
nor more than one hundred dollars for each offense;
provided, however, the prohibition against discrimination
against children in dwelling houses and mobile home parks
contained in this section shall not apply to:
(1) housing units for senior citizens subsidized, insured,
or guaranteed by the federal government; or
(2) one or two family owner occupied dwelling houses or
mobile homes; or
(3) mobile home parks exclusively for persons fifty-five
years of age or over.
b. Civil liability:
(1) where discriminatory conduct prohibited by this section
has occurred, an aggrieved individual shall have a
cause of action in any court of appropriate
jurisdiction for damages, declaratory and injunctive
relief;
(2) in all actions brought under this section, reasonable
attorney's fees as determined by the court may be
awarded to a prevailing plaintiff.
Sec. 237. Discrimination in leases with respect to bearing
of children.
Any person, firm or corporation owning or having in charge any
apartment house, tenement house or other building or mobile home
park used for dwelling purposes who shall, in any lease of any or
part of any such building or mobile home park, have a clause
therein providing that during the term thereof the tenants shall
remain childless or shall not bear children, shall be guilty of a
violation.
Sec. 238. Agreements or contracts for privileges to deal
with occupants of tenements, apartment houses or
bungalow colonies.
1. A contract, agreement or arrangement entered into or
executed by and between the owner or prospective owner of an
apartment house, tenement or what is commonly known as a
bungalow colony connected with common or joint means of
ingress and egress, whether such apartment house, tenement
or bungalow colony is in existence or in process of
construction or to be constructed in the future, or any
person in possession or claiming possession of such
apartment house, tenement or bungalow colony, or any part
thereof, including the common or joint means of ingress or
egress, or any of the agents, employees or servants of such
an owner or possessors thereof and a dealer in or seller of
fuel, ice or food, or his agents, employees or
representatives for the purpose of giving to such dealer or
seller the privilege of selling or delivering fuel, ice or
food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, is
against public policy and void.
2. Any person who shall, directly or indirectly, either as the
owner or prospective owner of such apartment house, tenement
or bungalow colony, or any part thereof, including the
common or joint means of ingress or egress, or as an agent,
employee or servant of such an owner, or any person in
possession or claiming possession of such apartment house,
tenement or bungalow colony, or any part thereof, including
the common or joint means of ingress or egress, accept any
money, property or thing of value for permitting or giving
to any person, or his agents, employees or representatives,
the privilege of selling or delivering fuel, ice or food, to
the persons occupying or to occupy such apartment house,
tenement or bungalow colony, or any part thereof, and any
person who shall, directly or indirectly, either as a seller
of, or dealer in, fuel, ice or food, as an agent, employee,
or representative of such seller or dealer, pay or give any
money, property or thing of value, for such privilege shall
be guilty of a misdemeanor. If a corporation is convicted of
a violation of this section, it shall be punished by a fine
of not less than fifty nor more than one thousand dollars.
3. A person occupying an apartment house, tenement or bungalow
colony, or any part thereof, to whom fuel, ice or food,
shall be sold or delivered by a seller or dealer who has
paid or given any money, property or thing of value for the
privilege of selling or delivering fuel, ice or food, to the
persons occupying or to occupy such apartment house,
tenement or bungalow colony, or any part thereof, may
recover of such seller or dealer for his benefit a penalty,
in the sum of two hundred and fifty dollars, in a civil
action brought in a court of competent jurisdiction.
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