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:
New York City’s Tenants’ Rights and Responsibilities Guide
New York City’s ABCs of Housing Guide
New York State’s Rental Housing Fact Sheets
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.