Retaliatory Eviction
Real Prop. Law § 223-b — a landlord's move within one year of a good faith complaint is presumed to be retaliation
A landlord may not serve a notice to quit, start an eviction case, or substantially change the terms of the tenancy in retaliation for any of these:
- A good faith complaint to the landlord, an agent or a government authority about a health or safety violation, the warranty of habitability or the duty to repair.
- Good faith action to secure or enforce rights under the lease or under the laws regulating housing.
- Taking part in a tenants' organization.
Substantially changing the tenancy includes refusing to renew the lease or offer a new one, or offering a new lease with an unreasonable rent increase, though the landlord is not required to offer a renewal for longer than one year. Retaliation is raised as a defense in the eviction case, and if the court finds it, judgment is for the tenant; the tenant still owes the rent. A landlord who retaliates can also be sued for damages, attorney's fees and costs.
Presumed within one year. When the landlord served a notice to quit, started a case or tried to substantially change the tenancy within one year after a good faith complaint, a good faith action to enforce the tenant's rights, a judgment for the tenant in an earlier case, or an inspection or order that came of a complaint, retaliation is presumed, and the landlord has to show a motive that was not retaliatory.
The section covers all rental homes except owner occupied buildings with less than four units. It does not apply where the condition complained of was caused by the tenant, a member of the household or a guest, or where the tenancy ended under the lease because of a bona fide transfer of ownership.
Sources for this section (1)
- Real Prop. Law § 223-b — Retaliation by landlord against tenant
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.