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This entry was published on 2016-01-22
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SECTION 744
Eviction based on domestic violence victim status prohibited
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 744. Eviction based on domestic violence victim status prohibited.
1. A tenant shall not be removed from possession of a residential unit
pursuant to this article because of such person's domestic violence
victim status, as defined in section two hundred twenty-seven-d of the
real property law. It shall be a defense to a proceeding to recover
possession of a residential unit that a landlord seeks such recovery
because of a person's domestic violence victim status, and that, but for
such status, the landlord would not seek to recover possession. A
landlord may rebut such defense by showing that he or she seeks to
recover possession of a residential unit because of any other lawful
ground.

2. Nothing in this section shall restrict a landlord's legal rights to
recover possession of a residential unit on grounds not based on or
derived from domestic violence victim status.

3. A landlord shall not be civilly liable to other tenants, guests,
invitees, or licensees arising from reasonable and good faith efforts to
comply with this section.

4. This section shall not apply to buildings used for dwelling
purposes that are owner occupied and have two or fewer residential
units.