Tenant Failed to Demonstrate Retaliatory Eviction Action by Landlord

Tenant sued landlord for retaliation under RPL Section 223-b, breach of the warranty of habitability, and attorneys' fees. The court ruled against tenant, who appealed and won, in part. The appeals court affirmed the ruling that there was no retaliation but permitted tenant to maintain her claims based on the warranty and for attorneys' fees. The retaliatory eviction claim was properly dismissed because documentary evidence conclusively showed that landlord's notice to cure was a response to tenant's own complaints. Tenant sought to perform repairs that he had himself requested. No steps were taken to evict tenant, and landlord's actions had a sound legal foundation. Tenant could pursue the breach of warranty of habitability claim solely for the period following execution of a January 2020 court stipulation. During that time tenant lived in the apartment while structural defects persisted that tenant claimed landlord failed to remedy. HPD had issued a Class B violation for these conditions. Tenant's attorneys fees claim was reinstated since it was connected with the as yet unresolved habitability claim.

Fiondella v. 345 W. 70th Tenants Corp.: Index No. 152957/21, 19o NYS3d 367, 2023 NY Slip Op 03194 (App. Div. 1 Dept.; 6/13/23; Oing, JP, Singh, Moulton, Scarpulla, Shulman, JJ)