Cal. Civ. Code § 796-G
Defenses
Operative Text
§ 796-g. Defenses. It shall be a sufficient defense to the proceeding, if the owner or any mortgagee or lienor of record establish that: 1. 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 2. Such condition or conditions have 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 3. Any tenant or resident of the dwelling has refused entry to the owner or the owner's agent to a portion of the premises for the purpose of correcting such condition or conditions.
Under N.Y. Real Prop. Acts & Proc. Law § 796-G, a housing maintenance or repair 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 condition never existed or has already been fixed; the condition was caused by the complaining tenant, their household members, or their guests (or by other residents or their guests); or a tenant or resident blocked the owner or the owner's agent from entering the relevant part of the premises to make the repair. These defenses shift the focus of the proceeding from whether a violation exists to who bears responsibility for it or whether access was improperly denied.
Plain English — not legal advice.
Property owners and managers facing a proceeding under N.Y. Real Prop. Acts & Proc. Law § 796-G generally document the current condition of the premises carefully, preserving evidence that a cited condition has been remediated or never existed. Compliant operators also maintain records of any instances where tenant-caused damage or obstruction of entry occurred, including written notices requesting access and any responses received. Keeping dated maintenance logs, repair invoices, and correspondence about access requests supports the defenses recognized in § 796-G if a proceeding is initiated.
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-G sets out the defenses an owner may raise against a housing-condition proceeding, which means tenants should be aware that a landlord may argue the condition was caused by the tenant or their guests, or that access for repairs was refused. 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 these defenses are raised. If you believe a defense under § 796-G is being improperly asserted against you, tenant-rights organizations and local rent boards can be useful resources for understanding how such defenses are evaluated.
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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