Tenant Proved Retaliatory Eviction

July 31, 2001

LVT Number: 15172

Landlord sued to evict tenant for nonpayment of rent. Tenant counterclaimed for retaliatory eviction. The court ruled for tenant and awarded him $3,000 in damages. Landlord appealed and lost. Landlord had started three nonpayment cases against tenant even though tenant owed no rent. Landlord did so in response to tenant's activities with the tenant association. This was retaliatory, and the damages award was proper.

Landlord sued to evict tenant for nonpayment of rent. Tenant counterclaimed for retaliatory eviction. The court ruled for tenant and awarded him $3,000 in damages. Landlord appealed and lost. Landlord had started three nonpayment cases against tenant even though tenant owed no rent. Landlord did so in response to tenant's activities with the tenant association. This was retaliatory, and the damages award was proper.

601 W. 160 Realty Corp. v. Henry: NYLJ, 7/2/01, p. 30, col. 5 (App. T.2 Dept.; Scholnick, PJ, Aronin, Patterson, JJ)

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