Cal. Civ. Code § 775
Defenses
Operative Text
§ 775. Defenses. It shall be a sufficient defense to the proceeding, if the owner or any mortgagee or lienor of record establish that: a. The condition or conditions alleged in the petition did not in fact exist or that such condition or conditions have been removed or remedied; or b. Such condition or conditions has been caused by a petitioning tenant or tenants or members of the family or families of such petitioner or petitioners or of their guests or by other residents of the dwelling or their families or guests; or c. Any tenant or resident of the dwelling has refused entry to the owner or his agent to a portion of the premises for the purpose of correcting such condition or conditions.
Under N.Y. Real Prop. Acts & Proc. Law § 775, a housing maintenance proceeding brought against a property owner can be defeated if the owner, a mortgagee, or a lienholder of record successfully demonstrates one of three things: the alleged hazardous or substandard condition never existed or has already been fixed; the condition was caused by a petitioning tenant, a household member, a guest, or another resident of the building; or a tenant or resident blocked the owner's access to the area needing repair. Each of these circumstances constitutes a complete defense to the proceeding. The statute places the burden of establishing one of these defenses on the owner or other interested party raising it.
Plain English — not legal advice.
Property owners and managers facing a proceeding under N.Y. Real Prop. Acts & Proc. Law § 775 generally document the current condition of the premises carefully, preserving evidence that a cited condition has been corrected or never existed. Compliant operators also maintain records of repair requests, access attempts, and any communications with tenants that may show a condition was tenant-caused or that entry was refused. Keeping dated work orders, inspection logs, and written notices of entry can support the factual record needed to raise one of the defenses recognized by § 775.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 775 outlines the defenses an owner may assert in a housing maintenance proceeding, which means tenants should understand that a case can be dismissed if an owner shows the condition was caused by the tenant or that the tenant refused the owner access to make repairs. Tenants who have submitted written repair requests, documented conditions through photographs, and provided reasonable access to their unit generally have a stronger factual record if a § 775 defense is raised against them. Tenants who believe a defense is being improperly asserted may consider consulting a tenant-rights organization or a local rent board, where applicable, to understand the options available to them.
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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