Tenant Proved Retaliatory Eviction Claim

July 31, 1998

LVT Number: 12510

Landlord sued to evict tenant. Tenant claimed retaliatory eviction. Tenant had complained many times to HPD about conditions in her apartment and landlord's failure to make repairs. Landlord admitted that one of the reasons he sought to evict tenant was because she had made complaints to HPD. Tenant's complaints also caused landlord to spend money to fix violations. The court found that landlord sought tenant's eviction in response to tenant's good faith complaints. This violated Real Property Law Section 223-b. So landlord's petition was dismissed.

Landlord sued to evict tenant. Tenant claimed retaliatory eviction. Tenant had complained many times to HPD about conditions in her apartment and landlord's failure to make repairs. Landlord admitted that one of the reasons he sought to evict tenant was because she had made complaints to HPD. Tenant's complaints also caused landlord to spend money to fix violations. The court found that landlord sought tenant's eviction in response to tenant's good faith complaints. This violated Real Property Law Section 223-b. So landlord's petition was dismissed.

Samuel v. Villafane: NYLJ, p. 24, col. 5 (7/29/98) (Civ. Ct. Kings; Callendar, J)

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