Cal. Civ. Code § 260
Recovery of rent for certain non-complying premises restricted during emergency period
Operative Text
* § 260. Recovery of rent for certain non-complying premises restricted during emergency period. 1. Legislative finding. It is hereby declared that in cities of this state with a population of over one million there exists an acute shortage of dwelling accommodations available to low-income families; that many dwellings formerly occupied by them have been and are continuing to be vacated and demolished because of structural inadequacy or danger, obsolescence and dilapidation, or because owners have refused to comply with the law, or for other reasons; that the freedom of contract has been impaired in consequence thereof, and unjust, unreasonable and oppressive increases in the rents of dwelling accommodations available to such families are being and will continue to be exacted; that world war II has necessitated an almost complete paralysis of building construction; that the extent of construction of decent, safe and sanitary dwellings, conforming with the minimum standards prescribed by law, has failed to produce a sufficient number of dwellings for the accommodation of families unable to pay higher rentals; that there has been a rapid absorption of rentable vacancies in said dwellings and a sharp increase in rentals; that such communities are threatened with wholesale evictions; that an emergency exists by reason of these conditions, which constitute a menace to the health, safety, morals, welfare and comfort of the citizens of the state, undermine the standard of living of a large number thereof, tend to impair and impede the enforcement of existing statutes, cause overcrowding and congestion, foster crime, encourage the spread of vice and disease and increase the death rate; that adequate housing accommodations to relieve the hardships and suffering resulting therefrom cannot be sufficiently provided, with or without public assistance, during the period of the emergency as herein declared; and the necessity for legislative intervention, by the enactment of the provisions of this section and their application until July first, nineteen hundred forty-nine, is hereby declared as a matter of legislative determination, and the provisions of this section shall remain in force and effect only until such date. 2. For the period during which any old-law tenement or any converted dwelling shall fail to comply with the applicable provisions of article six or seven, as the case may be, no rent therefor or for any part thereof shall be recovered by the owner, nor shall any action or special proceeding be maintainable for such rent or to recover possession of such dwelling or part thereof for non-payment of rent, except rent at such rate as shall not exceed the lowest rent charged therefor for any month between September thirtieth, nineteen hundred thirty-seven, and April first, nineteen hundred forty-three. 3. In any such action or special proceeding in which there shall be interposed a defense that the dwelling fails to comply with the applicable provisions of article six or seven or that the rent demanded exceeds the lowest rent charged for any month between September thirtieth, nineteen hundred thirty-seven, and April first, nineteen hundred forty-three, the burden of proof shall be upon the party seeking to recover rent or possession. 4. A certification by the department of the results of a search made by the department shall be admissable as presumptive evidence of the existence or non-existence of any violation of article six or seven as in such certificate specified. * NB Expired July 1, 1949
N.Y. Mult. Dwell. Law § 260 was a wartime emergency measure, now expired as of July 1, 1949, that applied to cities in New York with populations over one million. While it was in effect, it barred owners of old-law tenements or converted dwellings that failed to meet the structural and habitability standards of Articles Six or Seven from collecting rent above the lowest monthly rate charged between September 30, 1937, and April 1, 1943. It also blocked owners from bringing legal actions to recover rent or regain possession for nonpayment during any period of noncompliance, and placed the burden of proof on the party seeking rent or possession when a compliance defense was raised.
Plain English — not legal advice.
N.Y. Mult. Dwell. Law § 260 expired on July 1, 1949, and no longer imposes active obligations on property owners. Historically, compliant operators of old-law tenements and converted dwellings during the emergency period maintained their properties in conformance with Articles Six and Seven, which was the prerequisite for recovering any rent above the 1937–1943 baseline rate. Operators who manage older building stock should be aware that separate, currently active provisions of the Multiple Dwelling Law continue to govern habitability and code compliance independent of this expired section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 260 is an expired provision—it ceased to have legal effect on July 1, 1949—and does not create enforceable rights for tenants today. During its operative period, tenants in old-law tenements or converted dwellings could raise a landlord's failure to comply with Articles Six or Seven as a defense in rent or eviction proceedings, with the burden of proof shifting to the party seeking rent or possession under that section. Tenants with current concerns about habitability or code violations in older New York City dwellings may wish to explore rights under still-active provisions of the Multiple Dwelling Law or consult a tenant-rights organization for guidance on applicable remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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