Tenant Didn't Prove Retaliatory Eviction

September 30, 1993

LVT Number: 8202

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord, but gave tenants a rent abatement. Tenants appealed, claiming retaliatory eviction and seeking a bigger abatement. The court ruled against tenants. Real Property Law section 223-b bars retaliatory eviction after tenants complain to government agencies about health and safety law violations. But tenants here made no such complaints, and stipulated to mediation of their personal dispute with landlord. Tenants also voluntarily moved out after landlord agreed to give them more time to move.

Landlord sued to evict tenants for nonpayment of rent. The court ruled for landlord, but gave tenants a rent abatement. Tenants appealed, claiming retaliatory eviction and seeking a bigger abatement. The court ruled against tenants. Real Property Law section 223-b bars retaliatory eviction after tenants complain to government agencies about health and safety law violations. But tenants here made no such complaints, and stipulated to mediation of their personal dispute with landlord. Tenants also voluntarily moved out after landlord agreed to give them more time to move.

Forbes v. Whyte: NYLJ, p. 21, col. 2 (9/17/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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