Cal. Civ. Code § 770
Grounds for the proceeding
Operative Text
§ 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.
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.
Plain English — not legal advice.
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.
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.
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