Landlord Retaliation
What it means
New York law makes it illegal for a landlord to evict, raise the rent, or refuse to renew a lease because the tenant complained in good faith about repairs, safety, or their rights. If any of these things happens within one year of a complaint, the law assumes it was retaliation. The landlord has to prove there was some other real reason. This rule does not apply to owner-occupied buildings with fewer than four units. If the lease tries to charge a fee for complaining, that part of the lease is void and the landlord could owe the tenant three times the fee.
When you might hear this
You hear this when a landlord tries to evict or push out a tenant who has complained โ about repairs, health code violations, or other problems. New York law protects tenants from this. It can be a defense in housing court.
What to ask
- When did I complain, and do I have a written record of it?
- How long between my complaint and the landlord's action?
- Is my building owner-occupied with fewer than four units?
- Can I raise retaliation as a defense in housing court?
- Can I get a free lawyer?