Can landlords evict tenants for complaints or retaliation?

Understanding Tenant Protections Against Retaliatory Evictions in New York

In New York, tenants have robust protections against evictions that arise as a form of retaliation or punishment for exercising their legal rights. If you are a tenant in New York and have recently made complaints to your landlord, governmental agencies, or tenant organizations about your rental unit’s condition or other legal issues, it is important to understand how the law protects you from unfair eviction practices.

What Constitutes Retaliatory Eviction in New York?

Retaliatory eviction occurs when a landlord attempts to evict a tenant in response to the tenant exercising their legal rights or engaging in protected activities such as:

• Complaining about unsafe or uninhabitable living conditions
• Reporting housing code violations to local authorities
• Joining or organizing tenant unions or associations
• Exercising other rights afforded under the lease or state law, such as requesting repairs or filing a complaint about rent overcharges

New York law recognizes these actions as protected activities, meaning landlords cannot legally evict tenants as a form of punishment or intimidation for engaging in them.

Legal Protections Under New York Law

Prohibition on Retaliatory Eviction

New York Real Property Law (RPL) § 223-b specifically prohibits landlords from taking retaliatory action against tenants who’ve asserted their rights. Key points include:

• A landlord may not increase rent, decrease services, or initiate eviction proceedings within 90 days after a tenant has:

- Made a written or oral complaint to the landlord or to a governmental agency about housing code violations or unsafe conditions. - Testified or assisted in a proceeding related to tenant rights or housing law enforcement. - Become an active member of a tenant association.

• If an eviction proceeding occurs within this 90-day time frame, a court may presume the eviction is retaliatory, unless the landlord can prove otherwise.

Time Frame and Burden of Proof

• The first 90 days following a tenant complaint or protected activity are critical. Eviction attempts during this period are presumed retaliatory.
• After 90 days, landlords may attempt evictions, but tenants still may raise the defense of retaliation if they can provide evidence that the eviction is motivated by retaliation.
• The landlord bears the burden to prove that the eviction is for a legitimate, non-retaliatory reason, such as lease violation or non-payment of rent.

What Can Tenants Do If They Suspect Retaliatory Eviction?

Document Complaints and Communications

• Keep records of all complaints made to the landlord, including dates, times, and the nature of the complaint.
• Maintain copies of correspondence with the landlord and any responses received.
• Document communications with governmental agencies or tenant organizations related to housing concerns.

Seek Legal Advice Early

• Contact tenant advocacy organizations or housing attorneys as soon as you believe retaliatory eviction may be occurring.
• Legal professionals can help evaluate the situation and file defenses or counterclaims in eviction court.

Responding to Eviction Notices

• If you receive an eviction notice shortly after making a protected complaint, assert a retaliation defense in housing court.
• Provide evidence of your tenant complaint or protected activity and any pattern of landlord hostility.
• If the landlord cannot provide a lawful, non-retaliatory reason, the court may dismiss the eviction.

Examples of Protected Complaints

• Reporting broken heating systems during winter.
• Notifying landlords of mold or pest infestations.
• Complaining to city housing code enforcement about unsafe or illegal housing conditions.
• Participating in lease renewal negotiations or rent dispute hearings.

Situations That Are Not Protected

• Evictions for non-payment of rent, lease violations unrelated to tenant complaints, or criminal activity may still be lawful.
• Tenants who fail to abide by lease terms or who cause significant damage to the property may not be protected from eviction even if they have previously made complaints.

Additional Resources for New York Tenants

• New York State Division of Housing and Community Renewal (DHCR): Offers guidance on tenant rights and complaint procedures.
• Tenant Protection Units and Local Housing Agencies: Agencies that enforce housing codes and mediate disputes.
• Legal Aid Societies: Provide free or low-cost legal assistance to income-eligible tenants.
• Tenant Unions and Advocacy Groups: Can offer support, education, and collective bargaining power.

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Summary

In New York, tenants are protected from evictions motivated by retaliation for making complaints or asserting their rights. Landlords cannot lawfully evict tenants within 90 days of such complaints without providing clear, legitimate reasons unrelated to retaliation. If faced with a potential retaliatory eviction, tenants should document all communications, seek legal advice, and assert their tenant protections in court. Understanding these rights can help tenants maintain stable, safe housing and prevent unlawful evictions.