Tenant Didn't Prove Retaliatory Eviction

January 1, 2004

LVT Number: 17078

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that the eviction was retaliatory because he had complained to a government agency. Tenant asked the court to dismiss the case. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant made his complaint on Sept. 25, 2002. But landlord had notified tenant on Sept. 12, 2002, that it wouldn't renew tenant's lease because the building was being converted into a cooperative and tenant hadn't responded to offers to sell the apartment to him.

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that the eviction was retaliatory because he had complained to a government agency. Tenant asked the court to dismiss the case. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant made his complaint on Sept. 25, 2002. But landlord had notified tenant on Sept. 12, 2002, that it wouldn't renew tenant's lease because the building was being converted into a cooperative and tenant hadn't responded to offers to sell the apartment to him. Clearly, landlord's refusal to renew wasn't in retaliation for tenant's complaint.

Coram Isle LLC v. Barshov: NYLJ, 12/24/03, p. 30, col. 5 (App. T. 2 Dept.; Doyle, PJ, Winick, Skelos, JJ)

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