N.Y. Real Property Actions & Proceedings Law § 755: Stay of proceeding or action for rent upon failure to make repairs

§ 755. Stay of proceeding or action for rent upon failure to make

repairs. 1. (a) Upon proper proof that a notice or order to remove or

cease a nuisance or a violation or to make necessary and proper repairs

has been made by the municipal department charged with the enforcement

of the multiple dwelling law, the multiple residence law, or any other

applicable local housing code, or officer or officers thereof charged

with the supervision of such matters, if the condition against which

such notice or order is directed is, in the opinion of the court, such

as to constructively evict the tenant from a portion of the premises

occupied by him, or is, or is likely to become, dangerous to life,

health, or safety, the court before which the case is pending may stay

proceedings to dispossess the tenant for non-payment of rent or any

action for rent or rental value. In any such proceeding, on the question

of fact, as to the condition of the dwelling the landlord or petitioner

shall have the burden of disproving the condition of the dwelling as

such condition is described in the notice or order.

(b) Upon proper proof of the existence of a condition that is in the

opinion of the court, such as to constructively evict the tenant from a

portion of the premises occupied by him, or is or is, likely to become,

dangerous to life, health, or safety, the court before which the case is

pending may stay proceedings to dispossess the tenant for non-payment of

rent, or any action for rent or rental value.

(c) The court shall in no case grant a stay where it appears that the

condition against which the notice or order is directed has been created

by the wilful or negligent act of the tenant or his agent. Such stay

shall continue in force, until an order shall be made by the court

vacating it, but no order vacating such stay shall be made, except upon

three days' notice of hearing to the tenant, or respondent, or his

attorney, and proof that such notice or order has been complied with.

2. The tenant or respondent shall not be entitled to the stay unless

he shall deposit with the clerk of the court the rent then due, which

shall, for the purposes of this section, be deemed the same as the

tenant was liable for during the preceding month or such as is reserved

as the monthly rent in the agreement under which he obtained possession

of the premises. The stay may be vacated upon three days' notice upon

failure to deposit with the clerk the rent within five days after it is

due, during the pendency of the proceeding or action.

3. During the continuance of the stay, the court may direct, in its

discretion, upon three days notice to all parties, the release to a

contractor or materialman of all or such part of the moneys on deposit

as shall be sufficient to pay bills properly presented by such

contractor or materialman for the maintenance of and necessary repairs

to the building (including but not limited to payments for fuel,

electricity, gas, janitorial services and repairs necessary to remove

violations), upon a showing by the tenant that the landlord is not

meeting his legal obligations therefor or direct such release to a

municipal department to pay bills and expenses for such maintenance and

repairs upon a showing that the landlord did not meet his legal

obligation to provide such maintenance or perform repairs and that the

department incurred expenses therefor. Upon the entry of an order

vacating the stay the remaining money deposited shall be paid to the

plaintiff or landlord or his duly authorized agent.

4. Neither party shall be entitled to any costs in any proceeding or

action wherein the stay shall be granted except that costs may be

awarded against the tenant or defendant in the discretion of the court

in the event the condition complained of shall be found to be due to the

wilful act of the tenant or defendant, such costs, however, not to

exceed the sum of twenty-five dollars.