N.Y. Civil Rights Law § 95: Defenses

§ 95. Defenses. 1. It is a defense to any judicial or administrative

action or proceeding taken by any municipality or municipal authority

enforcing any local law or ordinance that the enforcement action

directly or indirectly penalizes a residential occupant or property

owner for the exercise of rights under this article. Prior to initiation

of any such enforcement action or proceeding all parties and any

residential occupant that may be so impacted shall be given written

notice by the municipality of the protections of this article and shall

have the right to be heard in the action or proceeding to advance the

defenses provided by this article.

2. It is a defense in any action or proceeding by a landlord or other

owner of real property to regain possession of that property that the

action or proceeding directly or indirectly penalizes a residential

occupant for the exercise of rights under this article. Any residential

occupant whose right to continued occupancy may be impacted by the

action or proceeding shall be given written notice of the action or

proceeding and the protections of this article by the party initiating

the action or proceeding. The residential occupant shall have the right

to appear as a necessary party in accordance with the provisions of the

civil practice law and rules and the real property actions and

proceedings law in order to advance the defenses provided by this

article.