Legislation
SECTION 796-D
Contents of petition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-C
§ 796-d. Contents of petition. The petition shall:
1. Allege material facts showing that there exists in such dwelling or
any part thereof one or more of the following:
(a) 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 of rodents;
or
(b) a course of conduct by the owner or his agents of harassment,
illegal eviction, continued deprivation of services or other acts
dangerous to life, health or safety.
2. If the petitioners shall be tenants occupying the dwelling, they
shall allege the number of petitioners making the petition and that:
(a) in the case of a multiple residence dwelling, they constitute
one-third or more of the tenants in occupancy thereof; or
(b) in the case of a single residence dwelling, they are the occupants
of such single-residence dwelling.
3. Allege a brief description of the nature of the work required to
remove or remedy the condition and an estimate as to the cost thereof
except that if the petitioners shall be tenants occupying the dwelling,
the petition may allege the conditions complained of in which event such
description shall not be required to be made by anyone not a party to
the petition.
4. If the petitioners shall be tenants occupying the dwelling, they
shall allege the amount of rent due from each such petitioner, monthly.
5. State the relief sought.
1. Allege material facts showing that there exists in such dwelling or
any part thereof one or more of the following:
(a) 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 of rodents;
or
(b) a course of conduct by the owner or his agents of harassment,
illegal eviction, continued deprivation of services or other acts
dangerous to life, health or safety.
2. If the petitioners shall be tenants occupying the dwelling, they
shall allege the number of petitioners making the petition and that:
(a) in the case of a multiple residence dwelling, they constitute
one-third or more of the tenants in occupancy thereof; or
(b) in the case of a single residence dwelling, they are the occupants
of such single-residence dwelling.
3. Allege a brief description of the nature of the work required to
remove or remedy the condition and an estimate as to the cost thereof
except that if the petitioners shall be tenants occupying the dwelling,
the petition may allege the conditions complained of in which event such
description shall not be required to be made by anyone not a party to
the petition.
4. If the petitioners shall be tenants occupying the dwelling, they
shall allege the amount of rent due from each such petitioner, monthly.
5. State the relief sought.