Cal. Civ. Code § 796-B
Grounds for the proceeding
Operative Text
§ 796-b. Grounds for the proceeding. One-third or more of the tenants occupying a multiple residence dwelling or a tenant occupying a single residence dwelling or the commissioner of the department charged with enforcement of the housing maintenance code in the municipality where the dwelling is located may maintain a special proceeding as provided in this article, upon the grounds that there exists in such dwelling, or in any part thereof: 1. a lack of heat, running water, light, electricity, 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 2. a 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.
New York Real Prop. Acts & Proc. Law § 796-B establishes who may bring a special court proceeding and on what grounds when serious housing conditions exist. A qualifying group of tenants in a multi-unit building, a sole tenant in a single-family dwelling, or the local housing enforcement commissioner can initiate such a proceeding. The triggering conditions include dangerous deficiencies—such as loss of heat, water, light, electricity, or sewage—that have persisted for at least five days, a rodent infestation, or a pattern of owner conduct involving harassment, illegal eviction, or deliberate deprivation of services.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 796-B, a compliant property owner generally maintains continuous essential services—heat, running water, electricity, light, and adequate sewage—and addresses rodent infestations promptly so that dangerous conditions do not persist beyond five days. Operators also ensure that their own conduct and that of their agents avoids patterns that could be characterized as harassment, illegal eviction attempts, or deliberate service deprivation. Keeping dated maintenance records and responding to repair requests in writing are practices commonly associated with demonstrating ongoing compliance with housing maintenance obligations.
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 § 796-B gives tenants a formal legal pathway: if one-third or more of residents in a multi-unit building—or a single tenant in a one-family dwelling—experience dangerous conditions such as loss of heat, water, or electricity lasting five or more days, a rodent infestation, or a pattern of owner harassment or service deprivation, they may initiate a special court proceeding under this article. Tenants may also contact the local housing maintenance code enforcement agency, whose commissioner independently holds standing to bring the same proceeding. Tenant-rights organizations and legal aid offices can help residents understand how § 796-B applies to documented conditions and what steps are generally available under this article.
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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