No Retaliatory Eviction Found Against Month-to-Month Tenant

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that the eviction action was retaliatory and that the building was an interim multiple dwelling (IMD) subject to the NYC Loft Law. The court ruled for landlord. Another court had dismissed tenant's claim that the building was an IMD. As to retaliatory eviction, landlord did start the eviction proceeding within six months of tenant's commencement of the Supreme Court action concerning the apartment status. In that case, tenant sought an order directing landlord to remedy improper building conditions. But the presumption of retaliatory eviction found in Real Property Law Section 223-b didn't apply in this case because the other court found that the conditions that tenant claimed made the premises uninhabitable were caused by tenant himself.

698 Flushing Realty Corp. v. Schiller: 59 Misc.3d 135(A), 2018 NY Slip Op 50502(U) (App. T. 2 Dept.; 4/6/18; Pesce, PJ, Aliotta, Siegal, JJ)