๐Ÿ  Housing & Rent

Landlord Retaliation

Also called: Retaliatory Eviction, 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?
Source
NY RPL ยง 223-b โ€” Read the law
Checked: 2026-04-15
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.