Landlord Wasn't Retaliating Against Tenant

August 31, 2003

LVT Number: 16834

Landlord sued to evict tenant. Tenant claimed retaliatory eviction because landlord started the eviction action less than six months after tenant complained to the Public Housing Authority about water leaking from the apartment upstairs. The court ruled for landlord. Tenant appealed and lost. There was a presumption by law that landlord was retaliating. But landlord rebutted the presumption and showed it wasn't retaliating.

Landlord sued to evict tenant. Tenant claimed retaliatory eviction because landlord started the eviction action less than six months after tenant complained to the Public Housing Authority about water leaking from the apartment upstairs. The court ruled for landlord. Tenant appealed and lost. There was a presumption by law that landlord was retaliating. But landlord rebutted the presumption and showed it wasn't retaliating.

Community Properties v. McCloud: NYLJ, 8/11/03, p. 25, col. 6 (App. T. 2 Dept.; Doyle, PJ, Winick, Skelos, JJ)

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