Landlord Started Eviction Case in Retaliation for Tenant's Refusal to Pay Added Fees

June 26, 2020

LVT Number: #30841

Landlord sued to evict unregulated tenant, who claimed that landlord's action was retaliatory, in violation of Real Property Law Section 223-b.  The court ruled for tenant. An HRA program paid most of tenant's rent. Landlord required tenant to make an extra $200 monthly payment. Tenant said that, when she refused to continue paying the extra fee, landlord commenced the eviction proceeding. Landlord claimed that the fee was for cable TV and Internet services, and that other tenants also had complained about tenant.

Landlord sued to evict unregulated tenant, who claimed that landlord's action was retaliatory, in violation of Real Property Law Section 223-b.  The court ruled for tenant. An HRA program paid most of tenant's rent. Landlord required tenant to make an extra $200 monthly payment. Tenant said that, when she refused to continue paying the extra fee, landlord commenced the eviction proceeding. Landlord claimed that the fee was for cable TV and Internet services, and that other tenants also had complained about tenant. The court found that tenant's refusal to pay the side deal payment was a good faith action to secure or enforce her rights under her lease.

Gilliam v. Duncan: Index No. 79681/2019, NYLJ No. 1589824580 (Civ. Ct. Kings; 5/5/20; Weisberg, J)

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