Tenant Fails to Prove Eviction Was Retaliatory

Landlord sued to evict month-to-month tenant after 26 years. Tenant paid $510 per month for the apartment, which had no kitchen, and performed custodial chores at the building. At some recent point, landlord discontinued tenant's access to the basement and laundry room. In August 2011, tenant complained to landlord of a deteriorated staircase and removal of a carpet. Later, tenant complained to the Village of Northport of a rat in another apartment. The Village found no evidence of rats in the building. Landlord also had sued tenant in small claims court in 2012 for $1,750 in damage done to her driveway by tenant's car. Tenant also complained to the Village after a sewage backup in his bathroom. The condition was quickly corrected, and no violation was issued. The court ruled against tenant, finding insufficient proof that the eviction was retaliatory. Tenant hadn't paid rent for nine months when landlord brought the eviction proceeding. Retaliatory eviction isn't a defense to nonpayment of rent. 

Martens v. O'Leary: 40 Misc.3d 1201(A), 2013 NY Slip Op 50991(U) (Dist. Ct. Suffolk; 6/24/13; Hackeling, J)