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This entry was published on 2019-09-20
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SECTION 95
Defenses
Civil Rights (CVR) CHAPTER 6, ARTICLE 9
§ 95. Defenses. 1. It is a defense to any judicial or administrative
action or proceeding taken by any municipality or municipal authority
enforcing any local law or ordinance that the enforcement action
directly or indirectly penalizes a residential occupant or property
owner for the exercise of rights under this article. Prior to initiation
of any such enforcement action or proceeding all parties and any
residential occupant that may be so impacted shall be given written
notice by the municipality of the protections of this article and shall
have the right to be heard in the action or proceeding to advance the
defenses provided by this article.

2. It is a defense in any action or proceeding by a landlord or other
owner of real property to regain possession of that property that the
action or proceeding directly or indirectly penalizes a residential
occupant for the exercise of rights under this article. Any residential
occupant whose right to continued occupancy may be impacted by the
action or proceeding shall be given written notice of the action or
proceeding and the protections of this article by the party initiating
the action or proceeding. The residential occupant shall have the right
to appear as a necessary party in accordance with the provisions of the
civil practice law and rules and the real property actions and
proceedings law in order to advance the defenses provided by this
article.