Presumption of Retaliatory Eviction Doesn't Apply

January 11, 2013

LVT Number: #24528

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed retaliatory eviction as a defense, because landlord started the case within six months after tenant complained to HPD about apartment conditions. Landlord asked the court to dismiss this defense. The court ruled for landlord. Real Property Law (RPL) Section 223-b contains a statutory presumption that an eviction proceeding commenced within six months of a tenant complaint is retaliatory. But RPL Section 223-b(5)(c) clearly states that this presumption doesn't apply in a nonpayment proceeding.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed retaliatory eviction as a defense, because landlord started the case within six months after tenant complained to HPD about apartment conditions. Landlord asked the court to dismiss this defense. The court ruled for landlord. Real Property Law (RPL) Section 223-b contains a statutory presumption that an eviction proceeding commenced within six months of a tenant complaint is retaliatory. But RPL Section 223-b(5)(c) clearly states that this presumption doesn't apply in a nonpayment proceeding.

101 Cooper Street LLC v. McCune: 37 Misc.3d 1231(A), 2012 NY Slip Op 52255(U) (Civ. Ct. NY; 12/12/12; Stoller, J)

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