Cal. Civ. Code § 217
Preservation of existing requirements of law
Operative Text
* § 217. Preservation of existing requirements of law. No action shall be maintainable and no judgment of possession shall be entered for housing accommodations pursuant to section two hundred sixteen of this article, unless the landlord has complied with any and all applicable laws governing such action or proceeding and has complied with any and all applicable laws governing notice to tenants, including without limitation the manner and the time of service of such notice and the contents of such notice. * NB Repealed June 15, 2034
N.Y. Real Prop. Law § 217 establishes a prerequisite condition for eviction proceedings tied to Section 216 of the same article: a landlord must have fully complied with all applicable laws before a court may hear the case or issue a judgment of possession. This includes compliance with every legal requirement governing the notice given to tenants—covering how the notice was served, when it was served, and what it contained. If those requirements have not been met, the action cannot proceed and no judgment removing the tenant may be entered. This provision is scheduled to be repealed on June 15, 2034.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 217, operators pursuing a possession action under Section 216 are generally expected to audit their compliance with every applicable law before initiating proceedings—not only the substantive grounds for the action but also the procedural rules governing tenant notices. Compliant operators typically verify that notices were delivered in the legally required manner, within the required timeframes, and with all required content before filing. A gap in any of these areas can bar the action entirely, making thorough pre-filing review a standard part of responsible property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 217 gives tenants a meaningful procedural protection: if a landlord has not fully complied with all applicable notice requirements—including how, when, and with what content a notice was served—a court is not permitted to enter a judgment of possession against the tenant under Section 216. Tenants who believe a notice was defective in any of these respects may be able to raise that noncompliance as a defense in the proceeding itself. Tenant-rights organizations and legal aid offices can help individuals understand whether a particular notice may fall short of the standards this provision requires.
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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