Trial Needed on Tenant's Claim of Retaliatory Eviction

April 7, 2012

LVT Number: #23999

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant claimed retaliatory eviction. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. Even if tenant's proof was enough to give rise to a presumption of retaliation under Real Property Law Section 223-b(5), there were questions of fact as to whether the case was commenced in retaliation for any good-faith actions previously taken by tenant to enforce his lease rights and whether landlord wouldn't otherwise have commenced the eviction proceeding.

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant claimed retaliatory eviction. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. Even if tenant's proof was enough to give rise to a presumption of retaliation under Real Property Law Section 223-b(5), there were questions of fact as to whether the case was commenced in retaliation for any good-faith actions previously taken by tenant to enforce his lease rights and whether landlord wouldn't otherwise have commenced the eviction proceeding. A trial was needed to determine whether landlord's intent was retaliatory.

339-347 E. 12th St. LLC v. Ling: NYLJ, 3/13/12, p. 22, col. 2 (App. T. 1 Dept.; Hunter, Jr., JP, Schoenfeld, Torres, JJ)

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