Cal. Civ. Code § 744
Eviction based on domestic violence victim status prohibited
Operative Text
§ 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.
Under N.Y. Real Prop. Acts & Proc. Law § 744, a landlord cannot use a tenant's status as a domestic violence victim as a basis for seeking to remove that tenant from a residential unit. If a tenant raises this protection as a defense in an eviction proceeding, the landlord must demonstrate that the eviction is grounded in a separate, lawful reason unrelated to that status. The rule does not limit a landlord's ability to pursue eviction for genuinely independent reasons, and it does not apply to owner-occupied buildings with two or fewer residential units.
Plain English — not legal advice.
Operators subject to § 744 generally ensure that any decision to initiate a possession proceeding is documented and grounded in a lawful basis entirely independent of a resident's domestic violence victim status. Compliant operators are aware that a tenant may raise victim status as an affirmative defense, and that the burden then shifts to the landlord to demonstrate the eviction stems from a separate, permissible ground. § 744 also provides that landlords acting in reasonable good faith to comply with the section are not civilly liable to other tenants or guests as a result of those compliance efforts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 744 gives residential tenants in qualifying buildings the right to raise their domestic violence victim status as a defense if a landlord initiates a proceeding to recover possession. If a tenant believes an eviction is motivated by that protected status, asserting this defense in the proceeding shifts the burden to the landlord to show a lawful, independent reason for seeking removal. Tenants who want to understand how this protection applies to their situation may consider reaching out to a local tenant-rights organization, a legal aid office, or a housing court self-help center for general information.
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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