Tenant Claims Eviction Was in Retaliation for Personal Injury Lawsuit

Landlord sued to evict month-to-month tenant of two-family house. Tenant claimed retaliatory eviction. Landlord sued to evict tenant two months after tenant sued landlord for personal injuries he had sustained in the building. The court ruled for landlord in the eviction case. By law, owner-occupied buildings with fewer than four apartments are exempt from a claim of retaliatory eviction. So the claim couldn't be applied in tenant's case. In addition, the claim of retaliatory eviction was created by statute and was designed to protect tenants who sought to report health, safety, and housing code violations. Tenant's personal injury claim wasn't a basis for protection under the law.

Weil v. Kaplan: NYLJ, p. 33, Col. 6 (5/1/96) (Dist. Ct. Nassau; Skelos, J.)