Tenant Proved Claim of Retaliatory Eviction

April 1, 1999

LVT Number: 13102

Landlord sued to evict tenant for making illegal apartment alterations in violation of her lease. Tenant claimed this was untrue and that this was a retaliatory eviction action. The court ruled for tenant. There was no proof that tenant had replaced windows in the apartment, as claimed by landlord. On the other hand, tenant had made a good-faith complaint to HPD about apartment conditions during the six months before landlord brought its eviction case. Tenant's complaints were valid in light of the violations found by HPD.

Landlord sued to evict tenant for making illegal apartment alterations in violation of her lease. Tenant claimed this was untrue and that this was a retaliatory eviction action. The court ruled for tenant. There was no proof that tenant had replaced windows in the apartment, as claimed by landlord. On the other hand, tenant had made a good-faith complaint to HPD about apartment conditions during the six months before landlord brought its eviction case. Tenant's complaints were valid in light of the violations found by HPD. Landlord didn't rebut the presumption that its eviction case was retaliatory. Tenant could get attorney's fees.

Mayfair York LLC v. Zimmerman: NYLJ, p. 28, col. 4 (3/24/99) (Civ. Ct. NY; Billings, J)

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