Legislation
SECTION 796-B
Grounds for the proceeding
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-C
* § 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.
* NB Effective June 13, 2023
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.
* NB Effective June 13, 2023