Landlord's Eviction Case Wasn't Retaliatory

August 17, 2014

LVT Number: #25702

Landlord sued to evict tenant of a YWCA residence for nonpayment of rent. Tenant in turn sued landlord in federal court, claiming that landlord brought the eviction proceeding in retaliation for tenant's complaint to HUD. The court ruled against tenant and dismissed the case. Tenant was repeatedly delinquent on rent payments and deferred payment agreements. After renovations to the residence, landlord changed its policy and no longer permitted deferred payment agreements. The policy applied to all residents and wasn't used to single out tenant.

Landlord sued to evict tenant of a YWCA residence for nonpayment of rent. Tenant in turn sued landlord in federal court, claiming that landlord brought the eviction proceeding in retaliation for tenant's complaint to HUD. The court ruled against tenant and dismissed the case. Tenant was repeatedly delinquent on rent payments and deferred payment agreements. After renovations to the residence, landlord changed its policy and no longer permitted deferred payment agreements. The policy applied to all residents and wasn't used to single out tenant. And landlord started the eviction proceeding against tenant before she filed her complaint with HUD, so it wasn't retaliatory.

Johnson v. YWCA Residence LLC: Index No. 12-CV-3301, NYLJ No. 1202663412484 (SDNY; 7/9/14; Seibel, J)

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