Anti-Retaliation Laws Protect Tenants

It’s well-known that New York City and State laws prohibit landlords from retaliating against tenants because of protected categories like race, gender, or religion. But New York State also has a lesser-known anti-retaliation protection for tenants who seek to enforce their tenant rights.

Under New York Real Property Law Section 233-b, it is illegal for a New York landlord to retaliate against tenants for making good-faith complaints or participating in tenant organizing activities. A landlord cannot evict a tenant or substantially alter the terms of a tenancy—including by refusing to continue or renew a lease—in response to:

(a) a good-faith complaint on behalf of a tenant to a governmental authority regarding violation of a healthy or safety law, 

(b) a good-faith action by the tenant to secure or enforce rights under a lease or rental agreement or state law, or 

(c) a tenant’s participation in the activities of a tenant organization.  

For example, if you reported your landlord to a government agency for charging an excessive late fee, your landlord cannot retaliate against you by refusing to renew your lease.

The law also creates a rebuttable presumption that a landlord unlawfully retaliated if s/he seeks to evict a tenant or substantially alter the terms of a tenancy within six months after (a) the tenant made a good-faith complaint to a governmental authority regarding the landlord’s violation of any health or safety law, or (b) the tenant commenced a good-faith proceeding to secure or enforce his or her tenant rights under a lease/rental agreement or the law. This means that the law presumes retaliation in the above circumstances, and the burden shifts to the landlord to show that retaliation did not occur.

A tenant can raise retaliation under RPP 233-b as a defense in a proceeding by a landlord against the tenant, or the tenant can affirmatively bring a civil action seeking damages and/or equitable relief.

The law applies to all rental residences except for owner-occupied dwellings with less than four units.  

For more information about your rights as a tenant, check out the following resources:

If you believe that your landlord is retaliating against you because you have engaged in tenant organization or otherwise taken steps to enforce your tenant rights, talk to a lawyer.  

Disclaimer: This post is meant to inform the reader about the state of the law. Nothing in this post is intended to nor does create an attorney-client privilege, convey legal advice, or guarantee any outcome in a legal matter.