Eviction based on domestic violence victim status prohibited
§ 744. Eviction based on domestic violence victim status prohibited. 1. A tenant shall not be removed from possession of a residential unit pursuant to this article because of such person's domestic violence victim status, as defined in section two hundred twenty-seven-d of the real property law. It shall be a defense to a proceeding to recover possession of a residential unit that a landlord seeks such recovery because of a person's domestic violence victim status, and that, but for such status, the landlord would not seek to recover possession. A landlord may rebut such defense by showing that he or she seeks to recover possession of a residential unit because of any other lawful ground.
2. Nothing in this section shall restrict a landlord's legal rights to recover possession of a residential unit on grounds not based on or derived from domestic violence victim status.
3. A landlord shall not be civilly liable to other tenants, guests, invitees, or licensees arising from reasonable and good faith efforts to comply with this section.
4. This section shall not apply to buildings used for dwelling purposes that are owner occupied and have two or fewer residential units.
1. A residential tenant cannot be removed because of domestic-violence-victim status (RPL § 227-d). It's a defense that the landlord seeks possession because of that status and would not otherwise; the landlord may rebut by showing another lawful ground. ★
2. Doesn't restrict a landlord's rights on grounds not derived from DV status.
3. Landlord isn't civilly liable to others for good-faith efforts to comply.
4. Doesn't apply to owner-occupied buildings with 2 or fewer residential units. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.