Holdover Proceeding Dismissed Based on Proof of Retaliatory Eviction

January 27, 2025

LVT Number: #33536

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Tenant claimed that the eviction action was retaliatory and asked the court to dismiss the case. The court ruled for tenant. Tenant had made several complaints to HPD about serious conditions in her apartment that needed repair less than a year before landlord issued the termination notice. And landlord failed to show that it had a non-retaliatory reason for seeking eviction.

Landlord sued to evict unregulated tenant after sending a 90-day termination notice. Tenant claimed that the eviction action was retaliatory and asked the court to dismiss the case. The court ruled for tenant. Tenant had made several complaints to HPD about serious conditions in her apartment that needed repair less than a year before landlord issued the termination notice. And landlord failed to show that it had a non-retaliatory reason for seeking eviction. Landlord's claim that tenant failed to provide access didn't meet landlord's burden to show another reason for the eviction.

Li-Johnson v. Sierra: Index No. L&T307892124, 2024 NY Slip Op 34096(U), NYLJ No. 1733871892 (Civ. Ct. Queens; 11/18/24; Guthrie, J)

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