Defenses

N.Y. Real Property Actions & Proceedings Law § 796-G, under Special Proceedings By Tenants of Dwellings For Judgment Directing Deposit of Rents and the Use Thereof For the Purpose of Remedying Conditions Dangerous to Life, Health or Safety.

N.Y. Real Property Actions & Proceedings Law § 796-G

§ 796-g. Defenses. It shall be a sufficient defense to the proceeding,\nif the owner or any mortgagee or lienor of record establish that:\n 1. The condition or conditions alleged in the petition did not in fact\nexist or that such condition or conditions have been removed or\nremedied; or\n 2. Such condition or conditions have been caused by a petitioning\ntenant or tenants or members of the family or families of such\npetitioner or petitioners or of their guests or by other residents of\nthe dwelling or their families or guests; or\n 3. Any tenant or resident of the dwelling has refused entry to the\nowner or the owner's agent to a portion of the premises for the purpose\nof correcting such condition or conditions.\n