The statute also goes a bit further and protects a landlord from retaliating against the tenant in other ways than starting a retaliatory eviction proceeding. The apartment is rent stabilized. In New York, tenants are protected from retaliatory eviction proceedings by RPAPL 223-b. All Rights Reserved ===== CTRC Fact Sheet #009 HOW TO USE THE NEW YORK STATE ANTI-RETALIATORY EVICTION LAW In 1979, section 223b was added to the Real Property Law. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property.If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware.If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. KPIX CBS SF Bay Area 1,455,011 views. Step 1: Notice is Posted. For example, if the landlord issued an eviction notice, ask to have it rescinded in writing. by RightsProtector » Thu Mar 07, 2019 11:44 pm . Indeed, in most instances of eviction, the feelings of both parties are distinctly hostile. This statute states in summary that a landlord cannot commence a summary proceeding to evict a tenant in retaliation or response to a tenant exercising it’s rights to file a complaint against the landlord with a government authority. If you’re the object of your landlord’s nasty retaliatory actions, two responses are possible, depending on what the landlord has done: If the retaliation consists of a termination and eviction, you may want to stay and fight, defending yourself against eviction by proving to the judge that the real reason for the termination was illegal. No eviction lawsuit has been started yet. has caused great concern among tenants in recent years. If the landlord has knowledge of the complaint filed by the tenant prior to initiating the summary proceeding, the landlord is presumed to be commencing a retaliatory eviction proceeding. NYC Eviction E92 St - Duration: 8:07.
Copyright © 2020 Law Firm of Vaughn, Weber and Prakope, PLLC Eviction procedures for New York City tenants and landlords may be different than those outlined below. 4 Eddie Doran 85,715 views. This statute states in summary that a landlord cannot commence a summary proceeding to evict a tenant in retaliation or response to a tenant exercising it’s rights to file a complaint against the landlord with a government authority.
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a statute designed to prevent retaliatory eviction. Top. The term “retaliatory eviction” describes a legal concept, not a state of mind.
If the landlord tries to evict the tenant because the tenant called the health department, it is a retaliatory eviction. If you meet certain requirements, after a complaint to an agency, the landlord cannot commence a housing court action within six months of the complaint. Tenant actions that could cause a landlord to file a retaliatory eviction: Your tenant reports you to the health department because of a mold problem in their unit that is caused by a roof leak you have not fixed.