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New York State
REAL PROPERTY LAW (RPL)
Laws 1909, Chap. 52


ARTICLE 7

LANDLORD AND TENANT

Section.            220.   Action for use and occupation.
                    221.   Rent due on life leases recoverable.
                    222.   When rent is apportionable.
                    223.   Rights where property or lease is
                           transferred.
                    223a.  Remedies of lessee when possession
                           is not delivered.
                    223b.  Retaliation by landlord against
                           tenant.
                    224.   Attornment by tenant.
                    225.   Notice of action adverse to possession
                           of tenant.
                    226.   Effect of renewal on sub-lease.
                    226a.  Effect of new lease on tenant's
                           right to remove fixtures or improvements.
                    226b.  Right to sublease or assign.
                    227.   When tenant may surrender premises.
                    227a.  Termination of residential lease by
                           senior citizens entering certain
                           health care facilities, adult care
                           facilities or housing projects.
                    228.   Termination of tenancies at will or by
                           sufferance, by notice.
                    229.   Liability of tenant holding over after
                           giving notice of intention to quit.
                    230.   Right of tenants to form, join or
                           participate in tenants' groups.
                    231.   Lease, when void; liability of landlord
                           where premises are occupied for unlawful
                           purpose.
                    232.   Duration of certain agreements in New
                           York.
                    232a.  Notice to terminate monthly tenancy
                           or tenancy from month to month in the
                           city of New York.
                    232b.  Notification to terminate monthly
                           tenancy or tenancy from month to month
                           outside the city of New York.
                    232c.  Holding over by a tenant after
                           expiration of a term longer than one month;
                           effect of acceptance of rent.
                    233.   Mobile home parks; duties,
                           responsibilities.
                    234.   Tenants' right to recover attorneys'
                           fees in actions or summary proceedings
                           arising out of leases of residential
                           property.
                    235.   Wilful violations.
                    235a.  Tenant right to offset payments and
                           entitlement to damages in certain cases.
                    235b.  Warranty of habitability.
                    235c.  Unconscionable lease or clause.
                    235d.  Harassment.
                    235e.  Duty of landlord to provide written
                           receipt.
                    235f.  Unlawful restrictions on occupancy.
                    236.   Assignment of lease of a deceased
                           tenant.
                    236*   Discrimination against children in
                           dwelling houses and mobile home parks.
                    237    Discrimination in leases with respect to
                           bearing of children.
                    238    Agreements or contracts for privileges
                           to deal with occupants of tenements,
                           apartment houses or bungalow colonies.

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Sec. 220.      Action for use and occupation.

The landlord may recover a reasonable compensation for the use
and occupation of real property, by any person, under an
agreement, not made by deed; and a parol lease or other agreement
may be used as evidence of the amount to which he is entitled.


Sec. 221.      Rent due on life leases recoverable.

Rent due on a lease for life or lives is recoverable by action,
as well after as before the death of the person on whose life the
rent depends, and in the same manner as rent due on a lease for
years.


Sec. 222.      When rent is apportionable.

Where a tenant for life, who shall have demised the real
property, dies before the first rent day, or between two rent
days, his executor or administrator may recover the proportion of
rent which accrued to him before his death.


Sec. 223.      Rights where property or lease is transferred.

The grantee of leased real property, or of a reversion thereof,
or of any rent, the devisee or assignee of the lessor of such a
lease, or the heir or personal representative of either of them,
has the same remedies, by entry, action or otherwise, for the
nonperformance of any agreement contained in the assigned lease
for the recovery of rent, for the doing of any waste, or for
other cause of forfeiture as his grantor or lessor had, or would
have had, if the reversion had remained in him. A lessee of real
property, his assignee or personal representative, has the same
remedy against the lessor, his grantee or assignee, or the
representative of either, for the breach of an agreement
contained in the lease, that the lessee might have had against
his immediate lessor, except a covenant against incumbrances or
relating to the title or possession of the premises leased. This
Section applies as well to a grant or lease in fee, reserving
rent, as to a lease for life or for years; but not to a deed of
conveyance in fee, made before the ninth day of April, eighteen
hundred and five, or after the fourteenth day of April, eighteen
hundred and sixty.


Sec. 223-a.    Remedies of lessee when possession is not
               delivered.

In the absence of an express provision to the contrary, there
shall be implied in every lease of real property a condition that
the lessor will deliver possession at the beginning of the term.
In the event of breach of such implied condition the lessee shall
have the right to rescind the lease and to recover the
consideration paid. Such right shall not be deemed inconsistent
with any right of action he may have to recover damages.


Sec. 223-b.    Retaliation by landlord against tenant.

1.   No landlord of premises or units to which this section is
     applicable shall serve a notice to quit upon any tenant or
     commence any action to recover real property or summary
     proceeding to recover possession of real property in
     retaliation for:

     a.   A good faith complaint, by or in behalf of the tenant,
          to a governmental authority of the landlord's alleged
          violation of any health or safety law, regulation,
          code, or ordinance, or any law or regulation which has
          as its objective the regulation of premises used for
          dwelling purposes or which pertains to the offense of
          rent gouging in the third, second or first degree; or

     b.   Actions taken in good faith, by or in behalf of the
          tenant, to secure or enforce any rights under the lease
          or rental agreement, under Section two hundred thirty-
          five-b of this chapter, or under any other law of the
          state of New York, or of its governmental subdivisions,
          or of the United States which has as its objective the
          regulation of premises used for dwelling purposes or
          which pertains to the offense of rent gouging in the
          third, second or first degree; or

     c.   The tenant's participation in the activities of a
          tenant's organization.

2.   No landlord or premises or units to which this section is
     applicable shall substantially alter the terms of the
     tenancy in retaliation for any actions set forth in
     paragraphs a, b, and c of subdivision one of this section.
     Substantial alteration shall include, but is not limited to,
     the refusal to continue a tenancy of the tenant or, upon
     expiration of the tenant's lease, to renew the lease or
     offer a new lease; provided, however, that a landlord shall
     not be required under this section to offer a new lease or a
     lease renewal for a term greater than one year and after
     such extension of a tenancy for one year shall not be
     required to further extend or continue such tenancy.

3.   A landlord shall be subject to a civil action for damages
     and other appropriate relief, including injunctive and other
     equitable remedies, as may be determined by a court of
     competent jurisdiction in any case in which the landlord has
     violated the provisions of this section.

4.   In any action to recover real property or summary proceeding
     to recover possession of real property, judgment shall be
     entered for the tenant if the court finds that the landlord
     is acting in retaliation for any action set forth in
     paragraphs a, b, and c of subdivision one of this section
     and further finds that the landlord would not otherwise have
     commenced such action or proceeding. Retaliation shall be
     asserted as an affirmative defense in such action or
     proceeding. The tenant shall not be relieved of the
     obligation to pay any rent for which he is otherwise liable.

5.   In an action or proceeding instituted against a tenant of
     premises or a unit to which this section is applicable, a
     rebuttable presumption that the landlord is acting in
     retaliation shall be created if the tenant establishes that
     the landlord served a notice to quit, or instituted an
     action or proceeding to recover possession, or attempted to
     substantially alter the terms of the tenancy, within six
     months after:

     a.   A good faith complaint was made, by or in behalf of the
          tenant, to a governmental authority of the landlord's
          violation of any health or safety law, regulation,
          code, or ordinance, or any law or regulation which has
          as its objective the regulation of premises used for
          dwelling purposes or which pertains to the offense of
          rent gouging in the third, second or first degree; or

     b.   The tenant in good faith commenced an action or
          proceeding in a court or administrative body of
          competent jurisdiction to secure or enforce against the
          landlord or his agents any rights under the lease or
          rental agreement, under section two hundred thirty-five-
          b of this chapter, or under any other law of the state
          of New York, or of its governmental subdivisions, or of
          the United States which has as its objective the
          regulation of premises used for dwelling purposes or
          which pertains to the offense of rent gouging in the
          third, second or first degree.

     c.   Judgment under subdivision three or four of this
          section was entered for the tenant in a previous action
          between the parties; or an inspection was made, an
          order was entered, or other action was taken as a
          result of a complaint or act described in paragraph a
          or b of this subdivision.

     But the presumption shall not apply in an action or
     proceeding based on the violation by the tenant of the terms
     and conditions of the lease or rental agreement, including
     nonpayment of the agreed-upon rent.

     The effect of the presumption shall be to require the
     landlord to provide a credible explanation of a non-
     retaliatory motive for his acts. Such an explanation shall
     overcome and remove the presumption unless the tenant
     disproves it by a preponderance of the evidence.

6.   This section shall apply to all rental residential premises
     except owner-occupied dwellings with less than four units.
     However, its provisions shall not be given effect in any
     case in which it is established that the condition from
     which the complaint or action arose was caused by the
     tenant, a member of the tenant's household, or a guest of
     the tenant. Nor shall it apply in a case where a tenancy was
     terminated pursuant to the terms of a lease as a result of a
     bona fide transfer of ownership.


Sec. 224.      Attornment by tenant.

The attornment of a tenant to a stranger is absolutely void and
does not in any way affect the possession of the landlord unless
made either:

1.   With the consent of the landlord; or,

2.   Pursuant to or in consequence of a judgment, order, or
     decree of a court of competent jurisdiction; or

3.   To a purchaser at foreclosure sale.


Sec. 225.      Notice of action adverse to possession of tenant.

Where a process or summons in an action to recover the real
property occupied by him, or the possession thereof, is served
upon a tenant, he must forthwith give notice thereof to his
landlord; otherwise he forfeits the value of three years' rent of
such property, to the landlord or other person of whom he holds.


Sec. 226.      Effect of renewal on sub-lease.

The surrender of an under-lease is not requisite to the validity
of the surrender of the original lease, where a new lease is
given by the chief landlord. Such a surrender and renewal do not
impair any right or interest of the chief landlord, his lessee or
the holder of an under-lease, under the original lease; including
the chief landlord's remedy by entry, for the rent or duties
secured by the new lease, not exceeding the rent and duties
reserved in the original lease surrendered.


Sec. 226-a.    Effect of new lease on tenant's right to remove
               fixtures or improvements.

Unless otherwise expressly agreed, where a tenant has a right to
remove fixtures or improvements, such right shall not be lost or
impaired by reason of his acceptance of a new lease of the same
premises without any surrender of possession between terms.


Sec. 226-b.    Right to sublease or assign.

1.   Unless a greater right to assign is conferred by the lease,
     a tenant renting a residence may not assign his lease
     without the written consent of the owner, which consent may
     be unconditionally withheld without cause provided that the
     owner shall release the tenant from the lease upon request
     of the tenant upon thirty days notice if the owner
     unreasonably withholds consent which release shall be the
     sole remedy of the tenant. If the owner reasonably withholds
     consent, there shall be no assignment and the tenant shall
     not be released from the lease.

2.   (a)  A tenant renting a residence pursuant to an
          existing lease in a dwelling having four or more
          residential units shall have the right to sublease his
          premises subject to the written consent of the landlord
          in advance of the subletting. Such consent shall not be
          unreasonably withheld.

     (b)  The tenant shall inform the landlord of his intent to
          sublease by mailing a notice of such intent by
          certified mail, return receipt requested. Such request
          shall be accompanied by the following information: (i)
          the term of the sublease, (ii) the name of the proposed
          sublessee, (iii) the business and permanent home
          address of the proposed sublessee, (iv) the tenant's
          reason for subletting, (v) the tenant's address for the
          term of the sublease, (vi) the written consent of any
          co-tenant or guarantor of the lease, and (vii) a copy
          of the proposed sublease, to which a copy of the
          tenant's lease shall be attached if available,
          acknowledged by the tenant and proposed subtenant as
          being a true copy of such sublease.

     (c)  Within ten days after the mailing of such request, the
          landlord may ask the tenant for additional information
          as will enable the landlord to determine if rejection
          of such request shall be unreasonable. Any such request
          for additional information shall not be unduly
          burdensome. Within thirty days after the mailing of the
          request for consent, or of the additional information
          reasonably asked for by the landlord, whichever is
          later, the landlord shall send a notice to the tenant
          of his consent or, if he does not consent, his reasons
          therefor. Landlord's failure to send such a notice
          shall be deemed to be a consent to the proposed
          subletting. If the landlord consents, the premises may
          be sublet in accordance with the request, but the
          tenant thereunder, shall nevertheless remain liable for
          the performance of tenant's obligations under said
          lease. If the landlord reasonably withholds consent,
          there shall be no subletting and the tenant shall not
          be released from the lease. If the landlord
          unreasonably withholds consent, the tenant may sublet
          in accordance with the request and may recover the
          costs of the proceeding and attorneys fees if it is
          found that the owner acted in bad faith by withholding
          consent.

3.   The provisions of this section shall apply to leases entered
     into or renewed before or after the effective date of this
     section, however they shall not apply to public housing and
     other units for which there are constitutional or statutory
     criteria covering admission thereto nor to a proprietary
     lease, viz.: a lease to, or held by, a tenant entitled
     thereto by reason of ownership of stock in a corporate owner
     of premises which operates the same on a cooperative basis.

4.   With respect to units covered by the emergency tenant
     protection act of nineteen seventy-four or the rent
     stabilization law of nineteen hundred sixty-nine the
     exercise of the rights granted by this section shall be
     subject to the applicable provisions of such laws. Nothing
     contained in this section two hundred twenty-six-b shall be
     deemed to affect the rights, if any, of any tenant subject
     to title Y of chapter 51 of the administrative code of the
     city of New York or the emergency housing rent control law.

5.   Any sublet or assignment which does not comply with the
     provisions of this section shall constitute a substantial
     breach of lease or tenancy.

6.   Any provision of a lease or rental agreement purporting to
     waive a provision of this section is null and void.

7.   The provisions of this section except for items in paragraph
     (b) of subdivision two of this section not previously
     required, shall apply to all actions and proceedings pending
     on the effective date of this section.

8.   Nothing contained in this section shall be deemed to prevent
     or limit the right of a tenant to sell improvements to a
     unit pursuant to article seven-C of the multiple dwelling
     law.


Sec. 227.      When tenant may surrender premises.

Where any building, which is leased or occupied, is destroyed or
so injured by the elements, or any other cause as to be
untenantable, and unfit for occupancy, and no express agreement
to the contrary has been made in writing, the lessee or occupant
may, if the destruction or injury occurred without his or her
fault or neglect, quit and surrender possession of the leasehold
premises, and of the land so leased or occupied; and he or she is
not liable to pay to the lessor or owner, rent for the time
subsequent to the surrender. Any rent paid in advance or which
may have accrued by the terms of a lease or any other hiring
shall be adjusted to the date of such surrender.


Sec. 227-a.    Termination of residential lease by senior
               citizens entering certain health care facilities,
               adult care facilities or housing projects.

1.   In any lease or rental agreement covering premises occupied
     for dwelling purposes in which a lessee or tenant has
     attained the age of sixty-two years or older, or will attain
     such age during the term of such lease or rental agreement
     or a husband or wife of such a person residing with him or
     her, there shall be implied a covenant by the lessor or
     owner to permit such lessee or tenant who is notified of his
     or her opportunity to commence occupancy in an adult care
     facility (as defined in subdivision twenty-one of section
     two of the social services law) except for a shelter for
     adults (as defined in subdivision twenty-three of section
     two of such law), a residential health care facility (as
     defined in section two thousand eight hundred one of the
     public health law), or a housing unit which receives
     substantial assistance of grants, loans or subsidies from
     any federal, state or local agency or instrumentality, or
     any not-for-profit philanthropic organization one of whose
     primary purposes is providing low or moderate income
     housing, or in less expensive premises in a housing project
     or complex erected for the specific purpose of housing
     senior citizens, to terminate such lease or rental agreement
     and quit and surrender possession of the leasehold premises,
     and of the land so leased or occupied; and to release the
     lessee or tenant from any liability to pay to the lessor or
     owner, rent or other payments in lieu of rent for the time
     subsequent to the date of termination of such lease in
     accordance with subdivision two of this section; and to
     adjust to the date of surrender any rent or other payments
     made in advance or which have accrued by the terms of such
     lease or rental agreement.

2.   Any lease or rental agreement covered by subdivision one of
     this Section may be terminated by notice in writing
     delivered to the lessor or owner or to the lessor's or
     owner's agent by a lessee or tenant. Such termination shall
     be effective no earlier than thirty days after the date on
     which the next rental payment subsequent to the date when
     such notice is delivered is due and payable. Such notice
     shall be accompanied by a documentation of admission or
     pending admission to a facility set forth in subdivision one
     of this section. Such notice shall be deemed delivered five
     days after mailing.

3.   Any person who shall knowingly seize, hold, or detain the
     personal effects, clothing, furniture or other property of
     any person who has lawfully terminated a lease or rental
     agreement covered by this section or the spouse or dependent
     of any such person, or in any manner interferes with the
     removal of such property from the premises covered by such
     lease or rental agreement, for the purpose of subjecting or
     attempting to subject any of such property to a purported
     claim for rent accruing subsequent to the date of
     termination of such lease or rental agreement, or attempts
     so to do, shall be guilty of a misdemeanor and shall be
     punished by imprisonment not to exceed one year or by fine
     not to exceed one thousand dollars, or by both such fine and
     imprisonment.

3-a. Each owner or lessor of a facility or unit into which a
     lessee or tenant is entitled to move after quitting and
     surrendering as provided for herein shall in writing, upon
     an application, notify prospective tenants of the provision
     of this section. Such notice shall include, in plain and
     simple English, in conspicuous print of at least eighteen
     point type, an explanation of a tenants right to terminate
     the existing lease and all other applicable requirements and
     duties relating thereto. Such notice shall read as follows:

     NOTICE TO SENIOR CITIZENS:

     RESIDENTIAL LEASE TERMINATION

     SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW
     YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY
     SENIOR CITIZENS ENTERING CERTAIN HEALTH CARE FACILITIES,
     ADULT CARE FACILITIES OR HOUSING PROJECTS.

     Who is eligible?

          Any lessee or tenant who is age sixty-two years or
          older, or who will attain such age during the term of
          the lease or rental agreement, or a spouse of such
          person residing with him or her.

     What kind of facilities does this law apply to?

          This law will apply if the senior citizen is relocating
          to:

          A.   An adult care facility;
          B.   A residential health care facility;
          C.   Subsidized low income housing; or
          D.   Senior citizen housing.

     What are the responsibilities of the rental property owner?

          When the tenant gives notice of his or her opportunity
          to move into one of the above facilities the landlord
          must allow:

          A.   for the termination of the lease or rental
               agreement, and

          B.   the release of the tenant from any liability to
               pay rent or other payments in lieu of rent from
               the termination of the lease in accordance with
               section 227-a of the real property law, to the
               time of the original termination date, and

          C.   to adjust any payments made in advance or payments
               which have accrued by the terms of such lease or
               rental agreement.

     How do you terminate the lease?

          If the tenant can move into one of the specified
          facilities, he or she must terminate the lease or
          agreement in writing no earlier than thirty days after
          the date on which the next rental payment (after the
          notice is delivered) is due and payable. The notice is
          deemed delivered five days after being mailed. The
          written notice must include documentation of admission
          or pending admission to one of the above mentioned
          facilities.

               For example: Mail the notice: May 5th

               Notice received: May 10th

               Next rental payment due: June 1st

               Termination effective: July 1st

     Will the landlord face penalties if he or she does not
     comply?

          Yes, according to section 227-a of the real property
          law, if anyone interferes with the removal of your
          property from the premises they will be guilty of a
          misdemeanor and will be either imprisoned for up to one
          year or fined up to $1000.00 or both.

4.   Any agreement by a lessee or tenant of premises occupied for
     dwelling purposes waiving or modifying his or her rights as
     set forth in this section shall be void as contrary to
     public policy.


Sec. 228.      Termination of tenancies at will or by sufferance,
               by notice.

A tenancy at will or by sufferance, however created, may be
terminated by a written notice of not less than thirty days given
in behalf of the landlord, to the tenant, requiring him to remove
from the premises; which notice must be served, either by
delivering to the tenant or to a person of suitable age and
discretion, residing upon the premises, or if neither the tenant
nor such a person can be found, by affixing it upon a conspicuous
part of the premises, where it may be conveniently read. At the
expiration of thirty days after the service of such notice, the
landlord may re-enter, maintain an action to recover possession,
or proceed, in the manner prescribed by law, to remove the
tenant, without further or other notice to quit.


Sec. 229.      Liability of tenant holding over after giving
               notice of intention to quit.

If a tenant gives notice of his intention to quit the premises
held by him, and does not accordingly deliver up the possession
thereof, at the time specified in such notice, he or his personal
representatives must, so long as he continue in possession, pay
to the landlord, his heirs or assigns, double the rent which he
should otherwise have paid, to be recovered at the same time, and
in the same manner, as the single rent.


Sec. 230.      Right of tenants to form, join or participate in
               tenants' groups.

1.   No landlord shall interfere with the right of a tenant to
     form, join or participate in the lawful activities of any
     group, committee or other organization formed to protect the
     rights of tenants; nor shall any landlord harass, punish,
     penalize, diminish, or withhold any right, benefit or
     privilege of a tenant under his tenancy for exercising such
     right.

2.   Tenants' groups, committees or other tenants' organizations
     shall have the right to meet in any location on the premises
     which is devoted to the common use of all tenants in a
     peaceful manner, at reasonable hours and without obstructing
     access to the premises or facilities. No landlord shall deny
     such right.


Sec. 231.      Lease, when void; liability of landlord where
               premises are occupied for unlawful purpose.

1.   Whenever the lessee or occupant other than the owner of any
     building or premises, shall use or occupy the same, or any
     part thereof, for any illegal trade, manufacture or other
     business, the lease or agreement for the letting or
     occupancy of such building or premises, or any part thereof
     shall thereupon become void, and the landlord of such lessee
     or occupant may enter upon the premises so let or occupied.

2.   The owner of real property, knowingly leasing or giving
     possession of the same to be used or occupied, wholly or
     partly, for any unlawful trade, manufacture or business, or
     knowingly permitting the same to be so used, is liable
     severally, and also jointly with one or more of the tenants
     or occupants thereof, for any damage resulting from such
     unlawful use, occupancy, trade, manufacture or business.

3.   For the purposes of this section, two or more convictions of
     any person or persons had, within a period of one year, for
     any of the offenses described in section 230.00, 230.05,
     230.20, 230.25, 230.30, or 230.40 of the penal law arising
     out of conduct engaged in at the same premises consisting of
     a dwelling as that term is defined in subdivision four of
     section four of the multiple dwelling law shall be
     presumptive evidence of unlawful use of such premises and of
     the owners knowledge of the same.

4.   Any lease or agreement hereafter executed for the letting or
     occupancy of real property or any portion thereof, to be
     used by the lessee as a residence, which contains therein a
     provision pledging personal property exempt by law from levy
     and sale by virtue of an execution, as security for the
     payment of rent due or to become due thereunder, is void as
     to such provision.

5.   For the purposes of this section, two or more convictions of
     any person or persons had, within a period of one year, for
     any of the offenses described in section 225.00, 225.05,
     225.10, 225.15, 225.20, 225.30, 225.32, 225.35 or 225.40 of
     the penal law, arising out of conduct engaged in at the same
     premises consisting of a dwelling as that term is defined in
     subdivision four of section four of the multiple dwelling
     law shall be presumptive evidence of unlawful use of such
     premises and of the owner's knowledge of the same.

5.   The attorney general may commence an action or proceeding in
     the supreme court to enjoin the continued unlawful trade,
     manufacture or business in such premises.

6.   Any owner or tenant, including a tenant of one or more rooms
     of an apartment house, tenement house or multiple dwelling
     of any premises within two hundred feet of the demised real
     property, may commence an action or proceeding in supreme
     court to enjoin the continued unlawful trade, manufacture or
     other business in such premises.


Sec. 232.      Duration of certain agreements in New York.

An agreement for the occupation of real estate in the city of New
York, which shall not particularly specify the duration of the
occupation, shall be deemed to continue until the first day of
October next after the possession commences under the agreement.


Sec. 232-a.    Notice to terminate monthly tenancy or tenancy
               from month to month in the city of New York.

No monthly tenant, or tenant from month to month, shall hereafter
be removed from any lands or buildings in the city of New York on
the grounds of holding over his term unless at least thirty days
before the expiration of the term the landlord or his agent serve
upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a
notice in writing to the effect that the landlord elects to
terminate the tenancy and that unless the tenant removes from
such premises on the day on which his term expires the landlord
will commence summary proceedings under the statute to remove
such tenant therefrom.


Sec. 232-b.    Notification to terminate monthly tenancy or
               tenancy from month to month outside the city of
               New York.

A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be
terminated by the landlord or the tenant upon his notifying the
other at least one month before the expiration of the term of his
election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.


Sec. 232-c.    Holding over by a tenant after expiration of a
               term longer than one month; effect of acceptance
               of rent.

Where a tenant whose term is longer than one month holds over
after the expiration of such term, such holding over shall not
give to the landlord the option to hold the tenant for a new term
solely by virtue of the tenant's holding over. In the case of
such a holding over by the tenant, the landlord may proceed, in
any manner permitted by law, to remove the tenant, or, if the
landlord shall accept rent for any period subsequent to the
expiration of such term, then, unless an agreement either express
or implied is made providing otherwise, the tenancy created by
the acceptance of such rent shall be a tenancy from month to
month commencing on the first day after the expiration of such
term.


Sec. 233.      Mobile home parks; duties, responsibilities.

a.   Wherever used in this section:

     1.   The term "mobile home tenant" means one who rents space
          in a mobile home park from a mobile home park owner or
          operator for the purpose of parking his mobile home or
          one who rents a mobile home in a mobile home park from
          a mobile home park owner or operator.

     2.   The term "mobile home owner" means one who holds title
          to a mobile home.

     3.   The term "mobile home park" means a contiguous parcel
          of privately owned land which is used for the
          accommodation of three or more mobile homes occupied
          for year-round living.

b.   A mobile home park owner or operator may not evict a mobile
     home tenant other than for the following reasons:

     1.   The mobile home tenant continues in possession of any
          portion of the premises after the expiration of his
          term without the permission of the mobile home park
          owner or operator.

     2.   The mobile home tenant has defaulted in the payment of
          rent, pursuant to the agreement under which the
          premises are held, and a demand of the rent with at
          least thirty days' notice in writing has been served
          upon him as prescribed in section seven hundred thirty-
          five of the real property actions and proceedings law.
          Upon the acceptance of such delinquent rent together
          with allowable costs, an action instituted for
          nonpayment of rent shall be terminated. Any person
          succeeding to the mobile home park owner or operator's
          interest in the premises may proceed under this
          subdivision for rent due his predecessor in interest if
          he has a right thereto.

     3.   The premises, or any part thereof, are used or occupied
          as a bawdy-house, or house or place of assignation for
          lewd purposes or for purposes of prostitution, or for
          any illegal trade or business.

     4.   The mobile home tenant is in violation of some federal,
          state or local law or ordinance which may be deemed
          detrimental to the safety and welfare of the other
          persons residing in the mobile home park.

     5.   The mobile home tenant or anyone occupying the mobile
          home is in violation of any lease term or rule or
          regulation established by the mobile home park owner or
          operator pursuant to this section, and has continued in
          violation for more than ten days after the mobile home
          park owner or operator has given written notice of such
          violation to the mobile home tenant setting forth the
          lease term or rule or regulation violated and directing
          that the mobile home tenant correct or cease violation
          of such lease term or rule or regulation within ten
          days from the receipt of said notice. Upon the
          expiration of such period should the violation continue
          or should the mobile home tenant or anyone occupying
          the mobile home be deemed a persistent violator of the
          lease term or rules and regulations, the park owner or
          operator may serve written notice upon the mobile home
          tenant directing that he vacate the premises within
          thirty days of the receipt of said notice.

     6.   The mobile home park owner or operator proposes a
          change in the use of the land comprising the mobile
          home park, or a portion thereof, on which the mobile
          home is located, from mobile home lot rentals to some
          other use, provided the mobile home owner is given
          written notice of the proposed change of use and the
          mobile home owner's need to secure other
          accommodations. Whenever a mobile home park owner or
          operator gives a notice of proposed change of use to
          any mobile home owner, the mobile home park owner or
          operator shall, at the same time, give notice of the
          proposed change of use to all other mobile home owners
          in the mobile home park who will be required to secure
          other accommodations as a result of such proposed
          change of use. Eviction proceedings based on a change
          in use shall not be commenced prior to six months from
          the service of notice of proposed change in use or the
          end of the lease term, whichever is later. Such notice
          shall be served in the manner prescribed in section
          seven hundred thirty-five of the real property actions
          and proceedings law or by certified mail, return
          receipt requested.

c.   If the mobile home park owner or operator does not have one
     of the above grounds available, the mobile home tenant may
     raise the same by affirmative defense to an action for
     eviction.

d.   The proceedings to evict shall be governed by the procedures
     set forth in article seven of the real property actions and
     proceedings law, except for the provisions of subdivision
     two of section seven hundred forty-nine of the real property
     actions and proceedings law which shall be superseded by the
     provisions of this subdivision.

     1.   The officer to whom the warrant is directed and
          delivered shall give at least ninety days notice, in
          writing and in the manner prescribed in article seven
          of the real property actions and proceedings law for
          the service of notice of petition, to the person or
          persons to be evicted or dispossessed and shall execute
          the warrant between the hours of sunrise and sunset.

     2.   The court may order that such warrant be directed and
          delivered with only thirty days written notice to the
          person or persons to be evicted or dispossessed if the
          conditions upon which the eviction is founded pose an
          imminent threat to the health, safety, or welfare of
          the other mobile home tenants in the mobile home park.

     3.   The court shall order that such warrant be directed and
          delivered with thirty days written notice to the person
          or persons to be evicted or dispossessed if the
          condition upon which the eviction is founded is that
          such person is in default in the payment of rent.

     4.   Notwithstanding the provisions of paragraphs one and
          two of this subdivision, nor of any other general,
          special or local law, rule or regulation to the
          contrary, the officer to whom the warrant is directed
          and delivered shall give seventy-two hours written
          notice to the person or persons to be evicted or
          dispossessed, if such person or persons rents a mobile
          home in a mobile home park from a mobile home park
          owner or operator and such officer shall execute such
          warrant between the hours of sunrise and sunset.

e.   Leases.

     1.   The mobile home park owner or operator shall offer
          every mobile home tenant prior to occupancy, the
          opportunity to sign a lease for a minimum of one year,
          which offer shall be made in writing.

     2.   (i)   On or before, as appropriate, (a) the first
                day of October of each calendar year with
                respect to a mobile home owner then in good
                standing who is not currently a party to a
                written lease with a mobile home park owner or
                operator or (b) the ninetieth day next preceding
                the expiration date of any existing written
                lease between a mobile home owner then in good
                standing and a mobile home park owner or
                operator, the mobile home park owner or operator
                shall submit to each such mobile home owner a
                written offer to lease for a term of at least
                twelve months from the commencement date thereof
                unless the mobile home park owner or operator
                has previously furnished the mobile home owner
                with written notification of a proposed change
                of use pursuant to paragraph six of subdivision
                b of this section. Any such offer shall include
                a copy of the proposed lease containing such
                terms and conditions, including provisions for
                rent and other charges, as the mobile home park
                owner shall deem appropriate; provided such
                terms and conditions are consistent with all
                rules and regulations promulgated by the mobile
                home park operator prior to the date of the
                offer and are not otherwise prohibited or
                limited by applicable law. Such offer shall also
                contain a statement advising the mobile home
                owner that if he or she fails to execute and
                return the lease to the mobile home park owner
                or operator within thirty days after submission
                of such lease, the mobile home owner shall be
                deemed to have declined the offer of a lease and
                shall not have any right to a lease from the
                mobile home park owner or operator for the next
                succeeding twelve months.

          (ii)  For purposes of this paragraph, a mobile home
                owner shall be deemed in good standing if he or
                she is not in default in the payment of more
                than one month's rent to the mobile home park
                owner, and is not in violation of paragraph
                three, four or five of subdivision b of this
                Section. No mobile home park owner or operator
                shall refuse to provide a written offer to lease
                based on a default of rent payments or a
                violation of paragraph three, four or five of
                subdivision b of this Section unless, at least
                thirty days prior to the last date on which the
                owner or operator would otherwise be required to
                provide such written offer to lease, the owner
                or operator notifies the mobile home owner, in
                writing, of the default in rent or the specific
                grounds constituting the violation and such
                grounds continues up and until the fifth
                calendar day immediately preceding the last date
                on which the written offer would otherwise be
                required to be made.

          (iii) For purposes of this paragraph, the commencement
                date of any lease offered by the mobile home
                park owner to the mobile home owner shall be the
                ninetieth day after the date upon which the
                mobile home park owner shall have provided the
                offer required pursuant to this paragraph;
                provided, however, that no such lease shall be
                effective if, on such commencement date, the
                mobile home owner is in default of more than one
                month's rent. In the event the mobile home owner
                shall have failed to execute and return said
                lease to the mobile home park owner or operator
                within thirty days after it is submitted to the
                mobile home owner as required by subparagraph
                (i) of this paragraph the mobile home owner
                shall be deemed to have declined to enter said
                lease.

     3.   No lease provision shall be inconsistent with any rule
          or regulation in effect at the commencement of the
          lease.

f.   Rules and regulations.

     1.   A mobile home park owner or operator may promulgate
          rules and regulations governing the rental or occupancy
          of a mobile home lot provided such rules and
          regulations shall not be unreasonable, arbitrary or
          capricious. A copy of all rules and regulations shall
          be delivered by the mobile home park owner or operator
          to all mobile home tenants at the commencement of
          occupancy. A copy of the rules and regulations shall be
          posted in a conspicuous place upon the mobile home park
          grounds.

     2.   If a rule or regulation is not applied uniformly to all
          mobile home tenants of the mobile home park there shall
          be a rebuttable presumption that such rule or
          regulation is unreasonable, arbitrary and capricious,
          provided, however, that an inconsistency between a rule
          or regulation and a lease term contained in a lease
          signed before the date the rule or regulation is
          effective shall not raise a rebuttable presumption that
          such rule is unreasonable, arbitrary or capricious.

     3.   Any rule or regulation which does not conform to the
          requirements of this section or which has not been
          supplied or posted as required by paragraph one of this
          subdivision shall be unenforceable and may be raised by
          the mobile home tenant as an affirmative defense in any
          action to evict on the basis of a violation of such
          rule or regulation.

     4.   No rules or regulations may be changed by the mobile
          home park owner or operator without specifying the date
          of implementation of said changed rules and
          regulations, which date shall be no fewer than thirty
          days after written notice to all tenants.

g.   1.   No tenant shall be charged a fee for other than
          rent, utilities and charges for facilities and services
          available to the tenant. All fees, charges or
          assessments must be reasonably related to services
          actually rendered.

     2.   A mobile home park owner or operator shall be required
          to fully disclose in writing all fees, charges,
          assessments, including rental fees, rules and
          regulations prior to a mobile home tenant assuming
          occupancy in the mobile home park.

     3.   No fees, charges, assessments or rental fees may be
          increased by mobile home park owner or operator without
          specifying the date of implementation of said fees,
          charges, assessments or rental fees which date shall be
          no less than ninety days after written notice to all
          mobile home tenants. Failure on the part of the mobile
          home park owner or operator to fully disclose all fees,
          charges or assessments shall prevent the mobile home
          park owner or operator from collecting said fees,
          charges or assessments, and refusal by the mobile home
          tenant to pay any undisclosed charges shall not be used
          by the mobile home park owner or operator as a cause
          for eviction in any court of law.

     4.   (a)   Whenever money shall be deposited or
                advanced on a contract or license agreement for
                the use or rental of premises and the mobile
                home, if rented, in a mobile home park as
                security for performance of the contract or
                agreement or to be applied to payments upon such
                contract or agreement when due, such money with
                interest accruing thereon, if any, until repaid
                or so applied, shall continue to be the money of
                the person making such deposit or advance and
                shall be a trust fund in the possession of the
                person with whom such deposit or advance shall
                be made and shall not be mingled with other
                funds or become an asset of the park owner,
                operator or his agent.

          (b)   Whenever the person receiving money so deposited
                or advanced shall deposit such money in a
                banking organization, such person shall
                thereupon notify in writing each of the persons
                making such security deposit or advance, giving
                the name and address of the banking organization
                in which the deposit of security money is made,
                and the amount of such deposit. Deposits in a
                banking organization pursuant to the provisions
                of this subdivision shall be made in a banking
                organization having a place of business within
                the state. If the person depositing such
                security money in a banking organization shall
                deposit same in an interest bearing account, he
                shall be entitled to receive, as administration
                expenses, a sum equivalent to one percent per
                annum upon the security money so deposited,
                which shall be in lieu of all other
                administrative and custodial expenses. The
                balances of the interest paid by the banking
                organization shall be the money of the person
                making the deposit or advance and shall either
                be held in trust by the person with whom such
                deposit or advance shall be made, until repaid
                or applied for the use or rental of the leased
                premises, or annually paid to the person making
                the deposit of security money.

          (c)   Whenever the money so deposited or advanced is
                for the rental of a mobile home park lot on
                property on which are located six or more mobile
                home park lots, the person receiving such money
                shall, subject to the provisions of this
                section, deposit it in an interest bearing
                account in a banking organization within the
                state which account shall earn interest at a
                rate which shall be the prevailing rate earned
                by other such deposits made with the banking
                organizations in such area.

          (d)   In the event that a lease terminates other than
                at the time that a banking organization in such
                area regularly pays interest, the person
                depositing such security money shall pay over to
                his mobile home tenant such interest as he is
                able to collect at the date of such lease
                termination.

          (e)   Any provision of such a contract or agreement
                whereby a person who so deposits or advances
                money waives any provision of this subdivision
                is void.

h.   No mobile home park owner shall:

     1.   Require a mobile home tenant therein to purchase from
          said mobile home park owner or operator skirting or
          equipment for tying down mobile homes, or any other
          equipment. However, the mobile home park owner or
          operator may determine by rule or regulation the style
          or quality of such equipment to be purchased by the
          mobile home tenant from the vendor of the mobile home
          tenant's choosing, providing such equipment is readily
          available.

     2.   Charge any mobile home tenant who chooses to install an
          electric or gas appliance in his mobile home an
          additional fee solely on the basis of such installation
          unless such installation is performed by the mobile
          home park owner or operator at the request of the
          mobile home tenant, nor shall the mobile home park
          owner or operator restrict the installation, service or
          maintenance of any such appliance, restrict the ingress
          or egress of repairers to enter the mobile home park
          for the purpose of installation, service or maintenance
          of any such appliance, or restrict the making of any
          interior improvement in such mobile home, so long as
          such an installation or improvement is in compliance
          with applicable building codes and other provisions of
          law and further provided that adequate utilities are
          available for such installation or improvement.

     3.   Require, by contract, rule, regulation or otherwise, a
          mobile home dweller to purchase from the mobile home
          park owner or any person acting directly or indirectly
          on behalf of the park owner, commodities or services
          incidental to placement or rental within such park; nor
          shall the park owner restrict access to the mobile home
          park to any person employed, retained or requested by
          the mobile home dweller to provide such commodity or
          service, unless the mobile home park owner establishes
          that such requirement or restriction is necessary to
          protect the property of such park owner from
          substantial harm or impairment.

     4.   Require a mobile home owner or a prospective mobile
          home owner to purchase his or her mobile home from the
          mobile home park owner or operator, or from any person
          or persons designated by the mobile home park owner or
          operator. Nothing herein shall be construed to prevent
          a mobile home park owner or operator from requiring
          that any new mobile home to be installed in his or her
          mobile home park comply with the rules and regulations
          of said mobile home park or conform to the physical
          facilities then existing for installation of a mobile
          home in said mobile home park.

i.   1.   No mobile home park owner or operator shall deny
          any mobile home tenant the right to sell his mobile
          home within the mobile home park provided the mobile
          home tenant shall give to the mobile home park owner or
          operator twenty days' written notice of his intention
          to sell, or require the mobile home owner or subsequent
          purchaser to remove the mobile home from the mobile
          home park solely on the basis of the sale thereof. The
          mobile home park owner or operator may reserve the
          right to approve the purchaser of said mobile home as a
          mobile home tenant for the remainder of the seller's
          term but such permission may not be unreasonably
          withheld. If the mobile home park owner or operator
          unreasonably withholds his permission, the mobile home
          tenant may recover the costs of the proceedings and
          attorneys' fees if it is found that the mobile home
          park owner or operator acted in bad faith by
          withholding permission.

     2.   The mobile home park owner or operator shall not exact
          a commission or fee with respect to the price realized
          by the seller unless the mobile home park owner or
          operator has acted as agent for the mobile home owner
          in the sale pursuant to a written contract.

     3.   If the ownership or management rejects a purchaser as a
          prospective tenant, the selling tenant must be informed
          in writing of the reasons therefor.

j.   The owner or operator of a mobile home park may enter a
     mobile home owner's mobile home without the prior consent of
     the occupant only in case of emergency. The owner or
     operator of a mobile home park may enter a mobile home
     tenant's mobile home during reasonable hours on reasonable
     notice.

k.   The owner or operator shall provide reasonable notice where
     practicable to all mobile home tenants who would be affected
     by any planned disruption of necessary services caused by
     the owner, operator or his agent.

l.   The park owner shall designate an agent on the premises or
     in close proximity to the mobile home park to insure the
     availability of emergency response actions in matters
     affecting the health, safety, well-being and welfare of
     mobile home tenants in the park. The designated agent's
     name, address and telephone number shall be posted in a
     conspicuous location in the park, given in writing to each
     tenant and registered with appropriate county law
     enforcement and health officials and local fire officials.

m.   Warranty of habitability, maintenance, disruption of
     services. In every written or oral lease or rental agreement
     entered into by a mobile home tenant, the mobile home park
     owner or operator shall be deemed to covenant and warrant
     that the premises so leased or rented and the mobile home if
     rented and all areas used in connection therewith in common
     with other mobile home tenants or residents including all
     roads within the mobile home park are fit for human
     habitation and for the uses reasonably intended by the
     parties and that the occupants of such premises and such
     mobile homes if rented shall not be subjected to any
     conditions which would be dangerous, hazardous or
     detrimental to their life, health or safety. When any such
     condition has been caused by the misconduct of the mobile
     home tenant or lessee or persons under his direction or
     control, it shall not constitute a breach of such covenants
     and warranties. The rights and obligations of the mobile
     home park owner or operator and the mobile home tenant shall
     be governed by the provisions of this subdivision and
     subdivisions two and three of section two hundred thirty-
     five-b of this article.

n.   1.   No mobile home park owner or operator shall serve
          a notice to quit upon any mobile home tenant or
          commence any action to recover real property or summary
          proceeding to recover possession of real property in
          retaliation for:

          (a)   A good faith complaint, by or in behalf of the
                tenant, to a governmental authority of the
                mobile home park owner's or operator's alleged
                violation of any health or safety law,
                regulation, code, or ordinance, or any law or
                regulation which has as its objective the
                regulation of premises used for dwelling
                purposes; or

          (b)   Actions taken in good faith, by or in behalf of
                the mobile home tenant, to secure or enforce any
                rights under the lease or rental agreement,
                under subdivision m of this section and
                subdivisions two and three of section two
                hundred thirty-five-b of this article, or under
                any other local law, law of the state of New
                York, or of its governmental subdivisions, or of
                the United States which has as its objective the
                regulation of premises used for dwelling
                purposes; or

          (c)   The mobile home tenant's participation in the
                activities of a tenant's organization.

     2.   No mobile home park owner or operator shall
          substantially alter the terms of the tenancy in
          retaliation for any actions set forth in subparagraphs
          (a), (b), and (c) of paragraph one of this subdivision.
          Substantial alteration shall include, but is not
          limited to, the refusal to continue a tenancy of the
          mobile home tenant or, upon expiration of the mobile
          home owner's lease, to renew the lease or offer a new
          lease; provided, however, that a mobile home park owner
          or operator shall not be required under this
          subdivision to offer a mobile home owner a new lease or
          a lease renewal for a term greater than one year.

     3.   This subdivision shall apply to all mobile home parks
          with four or more mobile homes. However, its provisions
          shall not be given effect in any case in which it is
          established that the condition from which the complaint
          or action arose was caused by the mobile home tenant, a
          member of the mobile home tenant's household, or a
          guest of the mobile home tenant. Nor shall it apply in
          a case where a tenancy was terminated pursuant to the
          terms of a lease as a result of a bona fide transfer of
          ownership. The rights and obligations of the mobile
          home park owner or operator and the mobile home tenant
          shall be governed by the provisions of this subdivision
          and subdivisions three, four and five of section two
          hundred twenty-three-b of this article.

o.   Whenever a lease shall provide that in any action or summary
     proceeding the mobile home park owner or operator may
     recover attorney's fees and/or expenses incurred as the
     result of the failure of the tenant to perform any covenant
     or agreement contained in such lease, or that amounts paid
     by the mobile home park owner or operator therefor shall be
     paid by the tenant as additional rent, there shall be
     implied in such lease a covenant by the mobile home park
     owner or operator, to pay to the tenant the reasonable
     attorney's fees and/or expenses incurred by the tenant to
     the same extent as is provided in section two hundred thirty-
     four of this article which section shall apply in its
     entirety.

p.   Any mobile home park owner or operator who has agreed to
     provide hot or cold water, heat, light, power, or any other
     service or facility to any occupant of the mobile home park
     who willfully or intentionally without just cause fails to
     furnish such water, heat, light, power, or other service or
     facility, or who interferes with the quiet enjoyment of the
     leased premises, is guilty of a violation.

q.   Upon receipt of rent, fees, charges or other assessments, in
     the form of cash or any instrument other than the personal
     check of the tenant, it shall be the duty of the mobile home
     park owner or operator to provide the payor with a written
     receipt containing the following:

     1.   the date;

     2.   the amount;

     3.   the identity of the premises and the period for which
          paid;

     4.   the signature and title of the person receiving rent.

r.   Limitation on late charges. A late charge on any rental
     payment by a mobile home owner which has become due and
     remains unpaid shall not exceed and shall be enforced to the
     extent of five percent of such delinquent payment; provided,
     however, that no charge shall be imposed on any rental
     payment by a mobile home owner received within ten days
     after the due date. In the absence of a specific provision
     in the lease or the mobile home park's rules and
     regulations, no late charge on any delinquent rental payment
     shall be assessed or collected.

s.   It shall be a violation for a mobile home park owner,
     operator or his agent to restrict occupancy of a mobile home
     or mobile home park lot intended for residential purposes by
     express lease terms or otherwise, to a mobile home tenant or
     tenants or to such tenants and immediate family. Any such
     restriction in a lease or rental agreement entered into or
     renewed before or after the effective date of this
     subdivision shall be unenforceable as against public policy.
     The rights and obligations of a mobile home park owner or
     operator and the mobile home tenant shall be governed by the
     provisions of this subdivision and subdivisions one, three,
     four, five, six, seven, eight and nine of section two
     hundred thirty-five-f of this article.

t.   1.   Unless a greater right to assign is conferred by
          the lease, a mobile home tenant may not assign his
          lease without the written consent of the mobile home
          park owner or operator, which consent may be
          unconditionally withheld without cause provided that
          the mobile home park owner or operator shall release
          the mobile home tenant from the lease upon request of
          the mobile home tenant upon thirty days notice if the
          mobile home park owner or operator unreasonably
          withholds consent which release shall be the sole
          remedy of the tenant. If the owner reasonably withholds
          consent, there shall be no assignment and the mobile
          home tenant shall not be released from the lease.

     2.    (a)  A mobile home tenant renting space or a
                mobile home in a mobile home park with four or
                more mobile homes pursuant to an existing lease
                shall have a right to sublease his premises
                subject to the written consent of the park owner
                in advance of the subletting. Such consent shall
                not be unreasonably withheld.

          (b)   The mobile home tenant shall inform the mobile
                home park owner or operator of his intent to
                sublease by mailing a notice of such intent by
                certified mail, return receipt requested. Such
                request shall be accompanied by the following
                information: (i) the term of the sublease, (ii)
                the name of the proposed sublessee, (iii) the
                business and permanent home address of the
                proposed sublessee, (iv) the tenant's reason for
                subletting, (v) the tenant's address for the
                term of the sublease, (vi) the written consent
                of any co-tenant or guarantor of the lease, and
                (vii) a copy of the proposed sublease, to which
                a copy of the mobile home tenant's lease shall
                be attached if available, acknowledged by the
                mobile home tenant and proposed subtenant as
                being a true copy of such sublease.

          (c)   Within ten days after the mailing of such
                request, the mobile home park owner or operator
                may ask the mobile home tenant for additional
                information as will enable the mobile home park
                owner or operator to determine if rejection of
                such request shall be unreasonable. Any such
                request for additional information shall not be
                unduly burdensome. Within thirty days after the
                mailing of the request for consent, or of the
                additional information reasonably asked for by
                the mobile home park owner or operator,
                whichever is later, the mobile home park owner
                or operator shall send a notice to the mobile
                home tenant of his consent or, if he does not
                consent, his reasons therefor. Mobile home park
                owner's or operator's failure to send such a
                notice shall be deemed to be a consent to the
                proposed subletting. If the mobile home park
                owner or operator consents, the premises may be
                sublet in accordance with the request, but the
                mobile home tenant thereunder, shall
                nevertheless remain liable for the performance
                of mobile home tenant's obligations under said
                lease. If the mobile home park owner or operator
                reasonably withholds consent, there shall be no
                subletting and the mobile home tenant shall not
                be released from the lease. If the mobile home
                park owner or operator unreasonably withholds
                consent, the mobile home tenant may sublet in
                accordance with the request and may recover the
                costs of the proceeding and attorneys fees if it
                is found that the mobile home park owner or
                operator acted in bad faith by withholding
                consent. The rights and obligations of the
                mobile home park owner or operator and the
                mobile home tenant shall be governed by the
                provisions of this subdivision and subdivisions
                three, five, six, seven and eight of section two
                hundred twenty-six-b of this article.

u.   In the event of a breach by a mobile home park owner or
     operator of any of the requirements of this section, the
     mobile home tenant may commence an action for damages
     actually incurred as a result of such breach, or in an
     action or summary proceeding commenced by such mobile home
     park owner or operator, may counterclaim for damages
     occasioned by such breach.

v.   On and after April first, nineteen hundred eighty-nine, the
     commissioner of housing and community renewal shall have the
     power and duty to enforce and ensure compliance with the
     provisions of this Section. However, the commissioner shall
     not have the power or duty to enforce mobile home park rules
     and regulations established under subdivision f of this
     section. On or before January first, nineteen hundred eighty-
     nine, each mobile home park owner or operator shall file a
     registration statement with the commissioner and shall
     thereafter file an annual registration statement on or
     before January first of each succeeding year. The
     commissioner, by regulation, shall provide that such
     registration statement shall include only the names of all
     persons owning an interest in the park, the names of all
     tenants of the park, all services provided by the park owner
     to the tenants and a copy of all current mobile home park
     rules and regulations. Whenever there shall be a violation
     of this section, an application may be made by the
     commissioner of housing and community renewal in the name of
     the people of the state of New York to a court or justice
     having jurisdiction by a special proceeding to issue an
     injunction, and upon notice to the defendant of not less
     than five days, to enjoin and restrain the continuance of
     such violation; and if it shall appear to the satisfaction
     of the court or justice that the defendant has, in fact,
     violated this section, an injunction may be issued by such
     court or justice, enjoining and restraining any further
     violation and with respect to this subdivision, directing
     the filing of a registration statement. In any such
     proceeding, the court may make allowances to the
     commissioner of housing and community renewal of a sum not
     exceeding two thousand dollars against each defendant, and
     direct restitution. Whenever the court shall determine that
     a violation of this section has occurred, the court may
     impose a civil penalty of not more than one thousand five
     hundred dollars for each violation. Such penalty shall be
     deposited in the mobile home cooperative fund, created
     pursuant to Section fifty-nine-h of the private housing
     finance law. In connection with any such proposed
     application, the commissioner of housing and community
     renewal is authorized to take proof and make a determination
     of the relevant facts and to issue subpoenas in accordance
     with the civil practice law and rules. The provisions of
     this subdivision shall not impair the rights granted under
     subdivision u of this section.


Sec. 234.      Tenants' right to recover attorneys' fees in
               actions or summary proceedings arising out of
               leases of residential property.

Whenever a lease of residential property shall provide that in
any action or summary proceeding the landlord may recover
attorneys' fees and/or expenses incurred as the result of the
failure of the tenant to perform any covenant or agreement
contained in such lease, or that amounts paid by the landlord
therefor shall be paid by the tenant as additional rent, there
shall be implied in such lease a covenant by the landlord to pay
to the tenant the reasonable attorneys' fees and/or expenses
incurred by the tenant as the result of the failure of the
landlord to perform any covenant or agreement on its part to be
performed under the lease or in the successful defense of any
action or summary proceeding commenced by the landlord against
the tenant arising out of the lease, and an agreement that such
fees and expenses may be recovered as provided by law in an
action commenced against the landlord or by way of counterclaim
in any action or summary proceeding commenced by the landlord
against the tenant. Any waiver of this section shall be void as
against public policy.


Sec. 235.      Wilful violations.

1.   Any lessor, agent, manager, superintendent or janitor of any
     building, or part thereof, the lease or rental agreement
     whereof by its terms, expressed or implied, requires the
     furnishing of hot or cold water, heat, light, power,
     elevator service, telephone service or any other service or
     facility to any occupant of said building, who wilfully or
     intentionally fails to furnish such water, heat, light,
     power, elevator service, telephone service or other service
     or facility at any time when the same are necessary to the
     proper or customary use of such building, or part thereof,
     or any lessor, agent, manager, superintendent or janitor who
     wilfully and intentionally interferes with the quiet
     enjoyment of the leased premises by such occupant, is guilty
     of a violation.

2.   Any lessor, agent, manager, superintendent or janitor of any
     building, or part therof, who wilfully or intentionally acts
     to prevent or obstruct the delivery of fuel oil ordered in
     compliance with either section three hundred two-c of the
     multiple dwelling law or section three hundred five-c of the
     multiple residence law or the refiring of an oil burner
     after such a delivery shall be guilty of a violation.


Sec. 235-a.    Tenant right to offset payments and entitlement to
               damages in certain cases.

1.   In any case in which a tenant shall lawfully make a payment
     to a utility company pursuant to the provisions of sections
     thirty-three, thirty-four and one hundred sixteen of the
     public service law, such payment shall be deductible from
     any future payment of rent.

2.   Any owner (as defined in the multiple dwelling law or
     multiple residence law) of a multiple dwelling responsible
     for the payment of charges for gas, electric, steam or water
     service who causes the discontinuance of that service by
     failure or refusal to pay the charges for past service shall
     be liable for compensatory and punitive damages to any
     tenant whose utility service is so discontinued.

*3.  Nothing contained in this section and no payment made
     pursuant to this section shall be deemed to discharge the
     liability of a renter with an interest in real property
     pursuant to subdivision two of section three hundred four of
     the real property tax law from taxes levied on such
     interest.

*NB  (Effective pending ruling by Commissioner of Internal
     Revenue)


Sec. 235-b.    Warranty of habitability.

1.   In every written or oral lease or rental agreement for
     residential premises the landlord or lessor shall be deemed
     to covenant and warrant that the premises so leased or
     rented and all areas used in connection therewith in common
     with other tenants or residents are fit for human habitation
     and for the uses reasonably intended by the parties and that
     the occupants of such premises shall not be subjected to any
     conditions which would be dangerous, hazardous or
     detrimental to their life, health or safety. When any such
     condition has been caused by the misconduct of the tenant or
     lessee or persons under his direction or control, it shall
     not constitute a breach of such covenants and warranties.

2.   Any agreement by a lessee or tenant of a dwelling waiving or
     modifying his rights as set forth in this section shall be
     void as contrary to public policy.

3.   In determining the amount of damages sustained by a tenant
     as a result of a breach of the warranty set forth in the
     section, the court;

     (a)  need not require any expert testimony; and

     (b)  shall, to the extent the warranty is breached or cannot
          be cured by reason of a strike or other labor dispute
          which is not caused primarily by the individual
          landlord or lessor and such damages are attributable to
          such strike, exclude recovery to such extent, except to
          the extent of the net savings, if any, to the landlord
          or lessor by reason of such strike or labor dispute
          allocable to the tenant's premises, provided, however,
          that the landlord or lesser has made a good faith
          attempt, where practicable, to cure the breach.


Sec. 235-c.    Unconscionable lease or clause.

1.   If the court as a matter of law finds a lease or any clause
     of the lease to have been unconscionable at the time it was
     made the court may refuse to enforce the lease, or it may
     enforce the remainder of the lease without the
     unconscionable clause, or it may so limit the application of
     any unconscionable clause as to avoid any unconscionable
     result.

2.   When it is claimed or appears to the court that a lease or
     any clause thereof may be unconscionable the parties shall
     be afforded a reasonable opportunity to present evidence as
     to its setting, purpose and effect to aid the court in
     making the determination.


Sec. 235-d.    Harassment.

1.   Notwithstanding any other provision of law, within a city
     having a population of one million or more, it shall be
     unlawful and shall constitute harassment for any landlord of
     a building which at any time was occupied for manufacturing
     or warehouse purposes, or other person acting on his behalf,
     to engage in any course of conduct, including, but not
     limited to intentional interruption or discontinuance or
     willful failure to restore services customarily provided or
     required by written lease or other rental agreement, which
     interferes with or disturbs the comfort, repose, peace or
     quiet of a tenant in the tenant's use or occupancy of rental
     space if such conduct is intended to cause the tenant (i) to
     vacate a building or part thereof; or (ii) to surrender or
     waive any rights of such tenant under the tenant's written
     lease or other rental agreement.

2.   The lawful termination of a tenancy or lawful refusal to
     renew or extend a written lease or other rental agreement
     shall not constitute harassment for purposes of this
     section.

3.   As used in this section the term "tenant" means only a
     person or business occupying or residing at the premises
     pursuant to a written lease or other rental agreement, if
     such premises are located in a building which at any time
     was occupied for manufacturing or warehouse purposes and a
     certificate of occupancy for residential use of such
     building is not in effect at the time of the last alleged
     acts or incidents upon which the harassment claim is based.

4.   A tenant may apply to the supreme court for an order
     enjoining acts or practices which constitute harassment
     under subdivision one of this section; and upon sufficient
     showing, the supreme court may issue a temporary or
     permanent injunction, restraining order or other order, all
     of which may, as the court determines in the exercise of its
     sound discretion, be granted without bond. In the event the
     court issues a preliminary injunction it shall make
     provision for an expeditious trial of the underlying action.

5.   The powers and remedies set forth in this section shall be
     in addition to all other powers and remedies in relation to
     harassment including the award of damages. Nothing contained
     herein shall be construed to amend, repeal, modify or affect
     any existing local law or ordinance, or provision of the
     charter or administrative code of the city of New York, or
     to limit or restrict the power of the city to amend or
     modify any existing local law, ordinance or provision of the
     charter or administrative code, or to restrict or limit any
     power otherwise conferred by law with respect to harassment.

6.   Any agreement by a tenant in a written lease or other rental
     agreement waiving or modifying his rights as set forth in
     this section shall be void as contrary to public policy.


Sec. 235-e.    Duty of landlord to provide written receipt.

(a)  Upon the receipt of rent for residential premises in the
     form of cash or any instrument other than the personal check
     of the tenant, it shall be the duty of the landlord to
     provide the payor with a written receipt containing the
     following:

     1.   The date;

     2.   The amount;

     3.   The identity of the premises and period for which paid;
          and

     4.   The signature and title of the person receiving the
          rent.

(b)  Where a tenant, in writing, requests that a landlord provide
     a receipt for rent paid by personal check, it shall be the
     duty of the landlord to provide the payor with the receipt
     described in subdivision (a) of this Section for each such
     request made in writing.


Sec. 235-f.    Unlawful restrictions on occupancy.

1.   As used in this Section, the terms:

     (a)  "Tenant" means a person occupying or entitled to occupy
          a residential rental premises who is either a party to
          the lease or rental agreement for such premises or is a
          statutory tenant pursuant to the emergency housing rent
          control law or the city rent and rehabilitation law or
          article seven-c of the multiple dwelling law.

     (b)  "Occupant" means a person, other than a tenant or a
          member of a tenant's immediate family, occupying a
          premises with the consent of the tenant or tenants.

2.   It shall be unlawful for a landlord to restrict occupancy of
     residential premises, by express lease terms or otherwise,
     to a tenant or tenants or to such tenants and immediate
     family. Any such restriction in a lease or rental agreement
     entered into or renewed before or after the effective date
     of this section shall be unenforceable as against public
     policy.

3.   Any lease or rental agreement for residential premises
     entered into by one tenant shall be construed to permit
     occupancy by the tenant, immediate family of the tenant, one
     additional occupant, and dependent children of the occupant
     provided that the tenant or the tenant's spouse occupies the
     premises as his primary residence.

4.   Any lease or rental agreement for residential premises
     entered into by two or more tenants shall be construed to
     permit occupancy by tenants, immediate family of tenants,
     occupants and dependent children of occupants; provided that
     the total number of tenants and occupants, excluding
     occupants' dependent children, does not exceed the number of
     tenants specified in the current lease or rental agreement,
     and that at least one tenant or a tenants' spouse occupies
     the premises as his primary residence.

5.   The tenant shall inform the landlord of the name of any
     occupant within thirty days following the commencement of
     occupancy by such person or within thirty days following a
     request by the landlord.

6.   No occupant nor occupant's dependent child shall, without
     express written permission of the landlord, acquire any
     right to continued occupancy in the event that the tenant
     vacates the premises or acquire any other rights of tenancy;
     provided that nothing in this section shall be construed to
     reduce or impair any right or remedy otherwise available to
     any person residing in any housing accommodation on the
     effective date of this section which accrued prior to such
     date.

7.   Any provision of a lease or rental agreement purporting to
     waive a provision of this section is null and void.

8.   Nothing in this section shall be construed as invalidating
     or impairing the operation of, or the right of a landlord to
     restrict occupancy in order to comply with federal, state or
     local laws, regulations, ordinances or codes.

9.   Any person aggrieved by a violation of this section may
     maintain an action in any court of competent jurisdiction
     for:

     (a)  an injunction to enjoin and restrain such unlawful
          practice;

     (b)  actual damages sustained as a result of such unlawful
          practice; and

     (c)  court costs.


Sec. 236.      Assignment of lease of a deceased tenant.

Notwithstanding any contrary provision contained in any lease
hereafter made which affects premises demised for residential
use, or partly for residential and partly for professional use,
the executor, administrator or legal representative of a deceased
tenant under such a lease, may request the landlord thereunder to
consent to the assignment of such a lease, or to the subletting
of the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or
guarantor of such lease and a statement of the name, business and
home addresses of the proposed assignee or sublessee. Within ten
days after the mailing of such request, the landlord may ask the
sender thereof for additional information as will enable the
landlord to determine if rejection of such request shall be
unreasonable. Within thirty days after the mailing of the request
for consent, or of the additional information reasonably asked
for by the landlord, whichever is later, the landlord shall send
a notice to the sender thereof of his election to terminate said
lease or to grant or refuse his consent. Landlord's failure to
send such a notice shall be deemed to be a consent to the
proposed assignment or subletting. If the landlord consents, said
lease may be assigned in accordance with the request provided a
written agreement by the assignee assuming the performance of the
tenant's obligations under the lease is delivered to the landlord
in form reasonably satisfactory to the landlord, or the premises
may be sublet in accordance with the request, as the case may be,
but the estate of the deceased tenant, and any other tenant
thereunder, shall nevertheless remain liable for the performance
of tenant's obligations under said lease. If the landlord
terminates said lease or unreasonably refuses his consent, said
lease shall be deemed terminated, and the estate of the deceased
tenant and any other tenant thereunder shall be discharged from
further liability thereunder as of the last day of the calendar
month during which the landlord was required hereunder to
exercise his option. If the landlord reasonably refuses his
consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent
hereunder. Any request, notice or communication required or
authorized to be given hereunder shall be sent by registered or
certified mail, return receipt requested. This act shall not
apply to a proprietary lease, viz.: a lease to, or held by, a
tenant entitled thereto by reason of ownership of stock in a
corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall
be void as against public policy.


Sec. 236*.     Discrimination against children in dwelling houses
               and mobile home parks.

a.   Any person, firm or corporation owning or having in charge
     any apartment house, tenement house or other building or
     mobile home park used for dwelling purposes who shall refuse
     to rent any or part of any such building of mobile home park
     to any person or family, or who discriminates in the terms,
     conditions, or privileges of any such rental, solely on the
     ground that such person or family has or have a child or
     children shall be guilty of a misdemeanor and on conviction
     thereof shall be punished by a fine of not less than fifty
     nor more than one hundred dollars for each offense;
     provided, however, the prohibition against discrimination
     against children in dwelling houses and mobile home parks
     contained in this section shall not apply to:

     (1)  housing units for senior citizens subsidized, insured,
          or guaranteed by the federal government; or

     (2)  one or two family owner occupied dwelling houses or
          mobile homes; or

     (3)  mobile home parks exclusively for persons fifty-five
          years of age or over.

b.   Civil liability:

     (1)  where discriminatory conduct prohibited by this section
          has occurred, an aggrieved individual shall have a
          cause of action in any court of appropriate
          jurisdiction for damages, declaratory and injunctive
          relief;

     (2)  in all actions brought under this section, reasonable
          attorney's fees as determined by the court may be
          awarded to a prevailing plaintiff.


Sec. 237.      Discrimination in leases with respect to bearing
               of children.

Any person, firm or corporation owning or having in charge any
apartment house, tenement house or other building or mobile home
park used for dwelling purposes who shall, in any lease of any or
part of any such building or mobile home park, have a clause
therein providing that during the term thereof the tenants shall
remain childless or shall not bear children, shall be guilty of a
violation.


Sec. 238.      Agreements or contracts for privileges to deal
               with occupants of tenements, apartment houses or
               bungalow colonies.

1.   A contract, agreement or arrangement entered into or
     executed by and between the owner or prospective owner of an
     apartment house, tenement or what is commonly known as a
     bungalow colony connected with common or joint means of
     ingress and egress, whether such apartment house, tenement
     or bungalow colony is in existence or in process of
     construction or to be constructed in the future, or any
     person in possession or claiming possession of such
     apartment house, tenement or bungalow colony, or any part
     thereof, including the common or joint means of ingress or
     egress, or any of the agents, employees or servants of such
     an owner or possessors thereof and a dealer in or seller of
     fuel, ice or food, or his agents, employees or
     representatives for the purpose of giving to such dealer or
     seller the privilege of selling or delivering fuel, ice or
     food, to the persons occupying or to occupy such apartment
     house, tenement or bungalow colony, or any part thereof, is
     against public policy and void.

2.   Any person who shall, directly or indirectly, either as the
     owner or prospective owner of such apartment house, tenement
     or bungalow colony, or any part thereof, including the
     common or joint means of ingress or egress, or as an agent,
     employee or servant of such an owner, or any person in
     possession or claiming possession of such apartment house,
     tenement or bungalow colony, or any part thereof, including
     the common or joint means of ingress or egress, accept any
     money, property or thing of value for permitting or giving
     to any person, or his agents, employees or representatives,
     the privilege of selling or delivering fuel, ice or food, to
     the persons occupying or to occupy such apartment house,
     tenement or bungalow colony, or any part thereof, and any
     person who shall, directly or indirectly, either as a seller
     of, or dealer in, fuel, ice or food, as an agent, employee,
     or representative of such seller or dealer, pay or give any
     money, property or thing of value, for such privilege shall
     be guilty of a misdemeanor. If a corporation is convicted of
     a violation of this section, it shall be punished by a fine
     of not less than fifty nor more than one thousand dollars.

3.   A person occupying an apartment house, tenement or bungalow
     colony, or any part thereof, to whom fuel, ice or food,
     shall be sold or delivered by a seller or dealer who has
     paid or given any money, property or thing of value for the
     privilege of selling or delivering fuel, ice or food, to the
     persons occupying or to occupy such apartment house,
     tenement or bungalow colony, or any part thereof, may
     recover of such seller or dealer for his benefit a penalty,
     in the sum of two hundred and fifty dollars, in a civil
     action brought in a court of competent jurisdiction.


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