§ 95. Defenses. 1. It is a defense to any judicial or administrative action or proceeding taken by any municipality or municipal authority enforcing any local law or ordinance that the enforcement action directly or indirectly penalizes a residential occupant or property owner for the exercise of rights under this article. Prior to initiation of any such enforcement action or proceeding all parties and any residential occupant that may be so impacted shall be given written notice by the municipality of the protections of this article and shall have the right to be heard in the action or proceeding to advance the defenses provided by this article.
2. It is a defense in any action or proceeding by a landlord or other owner of real property to regain possession of that property that the action or proceeding directly or indirectly penalizes a residential occupant for the exercise of rights under this article. Any residential occupant whose right to continued occupancy may be impacted by the action or proceeding shall be given written notice of the action or proceeding and the protections of this article by the party initiating the action or proceeding. The residential occupant shall have the right to appear as a necessary party in accordance with the provisions of the civil practice law and rules and the real property actions and proceedings law in order to advance the defenses provided by this article.
