Legislation
SECTION 796-M
Defense of warranty of habitability inapplicable
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-C
§ 796-m. Defense of warranty of habitability inapplicable.
Notwithstanding any other provision of law, in any proceeding for the
payment of rent commenced by an administrator appointed pursuant to this
article, the provisions of section two hundred thirty-five-b of the real
property law pertaining to the warranty of habitability shall not be a
defense to such a proceeding for rent which accrues during the period of
time that a judgment or an order pursuant to this article is in effect,
unless the court determines that the conditions upon which such defense
is based were caused by the failure of such administrator to perform his
or her duties in a reasonable manner.
Notwithstanding any other provision of law, in any proceeding for the
payment of rent commenced by an administrator appointed pursuant to this
article, the provisions of section two hundred thirty-five-b of the real
property law pertaining to the warranty of habitability shall not be a
defense to such a proceeding for rent which accrues during the period of
time that a judgment or an order pursuant to this article is in effect,
unless the court determines that the conditions upon which such defense
is based were caused by the failure of such administrator to perform his
or her duties in a reasonable manner.