2010 New York Code
RPA - Real Property Actions & Proceedings
Article 7 - (701 - 767) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
755 - Stay of proceeding or action for rent upon failure to make repairs.

§  755.  Stay  of  proceeding  or action for rent upon failure to make
  repairs. 1. (a) Upon proper proof that a notice or order  to  remove  or
  cease  a nuisance or a violation or to make necessary and proper repairs
  has been made by the municipal department charged with  the  enforcement
  of  the  multiple dwelling law, the multiple residence law, or any other
  applicable local housing code, or officer or  officers  thereof  charged
  with  the  supervision  of  such matters, if the condition against which
  such notice or order is directed is, in the opinion of the  court,  such
  as  to  constructively  evict  the tenant from a portion of the premises
  occupied by him, or is, or is  likely  to  become,  dangerous  to  life,
  health,  or  safety, the court before which the case is pending may stay
  proceedings to dispossess the tenant for  non-payment  of  rent  or  any
  action for rent or rental value. In any such proceeding, on the question
  of  fact, as to the condition of the dwelling the landlord or petitioner
  shall have the burden of disproving the condition  of  the  dwelling  as
  such condition is described in the notice or order.
    (b)  Upon  proper proof of the existence of a condition that is in the
  opinion of the court, such as to constructively evict the tenant from  a
  portion  of the premises occupied by him, or is or is, likely to become,
  dangerous to life, health, or safety, the court before which the case is
  pending may stay proceedings to dispossess the tenant for non-payment of
  rent, or any action for rent or rental value.
    (c) The court shall in no case grant a stay where it appears that  the
  condition against which the notice or order is directed has been created
  by  the  wilful  or negligent act of the tenant or his agent.  Such stay
  shall continue in force, until an order  shall  be  made  by  the  court
  vacating  it, but no order vacating such stay shall be made, except upon
  three days' notice of hearing to  the  tenant,  or  respondent,  or  his
  attorney, and proof that such notice or order has been complied with.
    2.  The  tenant or respondent shall not be entitled to the stay unless
  he shall deposit with the clerk of the court the rent  then  due,  which
  shall,  for  the  purposes  of  this  section, be deemed the same as the
  tenant was liable for during the preceding month or such as is  reserved
  as  the monthly rent in the agreement under which he obtained possession
  of the premises. The stay may be vacated upon three  days'  notice  upon
  failure  to deposit with the clerk the rent within five days after it is
  due, during the pendency of the proceeding or action.
    3. During the continuance of the stay, the court may  direct,  in  its
  discretion,  upon  three  days  notice  to all parties, the release to a
  contractor or materialman of all or such part of the moneys  on  deposit
  as  shall  be  sufficient  to  pay  bills  properly  presented  by  such
  contractor or materialman for the maintenance of and  necessary  repairs
  to  the  building  (including  but  not  limited  to  payments for fuel,
  electricity, gas, janitorial services and repairs  necessary  to  remove
  violations),  upon  a  showing  by  the  tenant that the landlord is not
  meeting his legal obligations therefor  or  direct  such  release  to  a
  municipal  department to pay bills and expenses for such maintenance and
  repairs upon a  showing  that  the  landlord  did  not  meet  his  legal
  obligation  to  provide such maintenance or perform repairs and that the
  department incurred expenses therefor.   Upon  the  entry  of  an  order
  vacating  the  stay  the  remaining money deposited shall be paid to the
  plaintiff or landlord or his duly authorized agent.
    4. Neither party shall be entitled to any costs in any  proceeding  or
  action  wherein  the  stay  shall  be  granted  except that costs may be
  awarded against the tenant or defendant in the discretion of  the  court
  in the event the condition complained of shall be found to be due to the
  wilful  act  of  the  tenant  or  defendant, such costs, however, not to
  exceed the sum of twenty-five dollars.

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