Cal. Civ. Code § 770

Grounds for the proceeding

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkHabitability & Repair

Operative Text

Cal. Civ. Code § 770
  § 770. Grounds for the proceeding. 1. One-third or more of the tenants
occupying a dwelling located in the city of New York or the commissioner
of the department of the city of New York charged with enforcement of
the housing maintenance code of such city, or in the counties of Nassau,
Suffolk, Rockland and Westchester may maintain a special proceeding as
provided in this article, upon the ground that there exists in such
dwellings or in any part thereof a lack of heat or of running water or
of light or of electricity or of adequate sewage disposal facilities, or
any other condition dangerous to life, health or safety, which has
existed for five days, or an infestation by rodents, or any combination
of such conditions; or course of conduct by the owner or the owner's
agents of harassment, illegal eviction, continued deprivation of
services or other acts dangerous to life, health or safety, or the
issuance of an order to the owner of such dwelling by the commissioner
of such department of the city of New York pursuant to the alternative
enforcement program under section 27-2153 of the administrative code of
the city of New York, provided that such dwelling has not been
discharged from the program pursuant to such section and there has not
been a determination that the owner has substantially complied with such
order.
  2. If the proceeding is instituted by the commissioner of the
department of the city of New York charged with enforcement of the
housing maintenance code of such city, one-third or more of the tenants
may, at any time thereafter during the pendency of the proceeding or
after final judgment pursuant to section seven hundred seventy-six or
seven hundred seventy-seven of this article, petition for substitution
of themselves in place and stead of such commissioner of such
department. Such substitution shall be ordered by the court unless good
reason to the contrary shall be shown.
Source: Legislative text reproduced verbatim
Plain English

Under N.Y. Real Prop. Acts & Proc. Law § 770, a special court proceeding can be initiated when serious housing conditions—such as loss of heat, running water, light, electricity, or adequate sewage, rodent infestation, or other dangers to life, health, or safety—have persisted for at least five days in a New York City dwelling or in Nassau, Suffolk, Rockland, or Westchester counties. The proceeding may also be triggered by owner harassment, illegal eviction, or continued deprivation of services. Either one-third or more of the building's tenants, or the relevant city housing enforcement commissioner, may bring this action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to N.Y. Real Prop. Acts & Proc. Law § 770 should be aware that persistent failures to maintain essential services—heat, water, light, electricity, sewage—or conduct that constitutes harassment or illegal eviction can expose a building to a special court proceeding. Compliant operators generally address reported conditions promptly and document remediation efforts. Buildings already under the city's alternative enforcement program face additional exposure under this provision if the owner has not substantially complied with any outstanding orders.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.Y. Real Prop. Acts & Proc. Law § 770 gives tenants a collective legal tool: when one-third or more of a building's occupants agree that qualifying dangerous conditions exist, they may jointly bring a special proceeding in court. Tenants may also petition to substitute themselves into a proceeding originally filed by the city housing commissioner. Those exploring this path often consult a tenant-rights organization or legal aid office to understand how the process works in their building's jurisdiction.

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.

Effective Timeline

Current
Sep 22, 2014
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Related Rules

§ 8.60.130
Severability
§ 15.12.010
Definitions
§ 15.12.240
Temporary housing

Source Information

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