Nonrenewal of Lease Wasn't Retaliatory

January 1, 2004

LVT Number: 17077

Landlord sued to evict Section 8 tenant after tenant's lease expired. Tenant claimed that landlord didn't renew his lease because tenant had complained to a government agency about a sewage backup in the building basement. Landlord claimed that it didn't renew tenant's lease simply because they couldn't agree on the renewal terms. The court ruled for landlord. Tenant appealed and lost. Landlord sufficiently and believably explained its nonretaliatory reason for not renewing tenant's lease.

Landlord sued to evict Section 8 tenant after tenant's lease expired. Tenant claimed that landlord didn't renew his lease because tenant had complained to a government agency about a sewage backup in the building basement. Landlord claimed that it didn't renew tenant's lease simply because they couldn't agree on the renewal terms. The court ruled for landlord. Tenant appealed and lost. Landlord sufficiently and believably explained its nonretaliatory reason for not renewing tenant's lease. So landlord rebutted the presumption of retaliatory eviction under Real Property Law section 223-b(2).

Gelmo Realty v. Fiore: NYLJ, 12/10/03, p. 25, col. 2 (App. T. 2 Dept.; Doyle, PJ, Lifson, Rudolph, JJ)

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