Landlord's Eviction Case Against Unregulated Tenant Wasn't Retaliatory

Landlord sued to evict unregulated tenant after tenant's lease expired and tenant had remained as a month-to-month tenant. Tenant claimed retaliatory eviction. The court ruled for landlord and found that, although the eviction proceeding was commenced within six months after tenant complained to HPD about apartment conditions, landlord showed that its reason for starting the eviction proceeding was not retaliatory. Landlord started the eviction case because tenant had no lease and had failed to pay rent since October 2015. Landlord's acceptance of certain DSS rent checks didn't constitute a waiver of the right to maintain the eviction proceeding, as they were accepted either before or after the proceeding was commenced.

Brown v. Felton: 58 Misc.3d 161(A), 2018 NY Slip Op 50301(U) (App. T. 1 Dept.; 3/12/18; Shulman, PJ, Gonzalez, Cooper, JJ)