N.Y. Real Property Law § 223-b: Retaliation by landlord against tenant

§ 223-b. Retaliation by landlord against tenant. 1. No landlord of

premises or units to which this section is applicable shall serve a

notice to quit upon any tenant or commence any action to recover real

property or summary proceeding to recover possession of real property in

retaliation for:

a. A good faith complaint, by or in behalf of the tenant, to the

landlord, the landlord's agent or a governmental authority of the

landlord's alleged violation of any health or safety law, regulation,

code, or ordinance, the warranty of habitability under section two

hundred thirty-five-b of this article, the duty to repair under sections

seventy-eight, seventy-nine, and eighty of the multiple dwelling law or

section one hundred seventy-four of the multiple residence law, or any

law or regulation which has as its objective the regulation of premises

used for dwelling purposes or which pertains to the offense of rent

gouging in the third, second or first degree; or

b. Actions taken in good faith, by or in behalf of the tenant, to

secure or enforce any rights under the lease or rental agreement, the

warranty of habitability under section two hundred thirty-five-b of this

article, the duty to repair under sections seventy-eight, seventy-nine,

and eighty of the multiple dwelling law or section one hundred

seventy-four of the multiple residence law, or under any other law of

the state of New York, or of its governmental subdivisions, or of the

United States which has as its objective the regulation of premises used

for dwelling purposes or which pertains to the offense of rent gouging

in the third, second or first degree; or

c. The tenant's participation in the activities of a tenant's

organization.

2. No landlord of premises or units to which this section is

applicable or such landlord's agent shall substantially alter the terms

of the tenancy in retaliation for any actions set forth in paragraphs a,

b, and c of subdivision one of this section. Substantial alteration

shall include, but is not limited to, the refusal to continue a tenancy

of the tenant, upon expiration of the tenant's lease, to renew the lease

or offer a new lease, or offering a new lease with an unreasonable rent

increase; provided, however, that a landlord shall not be required under

this section to offer a new lease or a lease renewal for a term greater

than one year.

3. A landlord shall be subject to a civil action for damages,

attorney's fees and costs and other appropriate relief, including

injunctive and other equitable remedies, as may be determined by a court

of competent jurisdiction in any case in which the landlord has violated

the provisions of this section.

4. In any action to recover real property or summary proceeding to

recover possession of real property, judgment shall be entered for the

tenant if the court finds that the landlord is acting in retaliation for

any action set forth in paragraphs a, b, and c of subdivision one of

this section. Retaliation shall be asserted as an affirmative defense in

such action or proceeding. The tenant shall not be relieved of the

obligation to pay any rent for which he is otherwise liable.

5. In an action or proceeding instituted against a tenant of premises

or a unit to which this section is applicable, a rebuttable presumption

that the landlord is acting in retaliation shall be created if the

tenant establishes that the landlord served a notice to quit, or

instituted an action or proceeding to recover possession, or attempted

to substantially alter the terms of the tenancy, within one year after:

a. A good faith complaint was made, by or in behalf of the tenant, to

the landlord, the landlord's agent or a governmental authority of the

landlord's violation of any health or safety law, regulation, code, or

ordinance, the warranty of habitability under section two hundred

thirty-five-b of this article, the duty to repair under sections

seventy-eight, seventy-nine, and eighty of the multiple dwelling law or

section one hundred seventy-four of the multiple residence law, or any

law or regulation which has as its objective the regulation of premises

used for dwelling purposes or which pertains to the offense of rent

gouging in the third, second or first degree; or

b. The tenant in good faith took action to secure or enforce against

the landlord or his agents any rights under the lease or rental

agreement, the warranty of habitability under section two hundred

thirty-five-b of this article, the duty to repair under sections

seventy-eight, seventy-nine, and eighty of the multiple dwelling law or

section one hundred seventy-four of the multiple residence law, or under

any other law of the state of New York, or of its governmental

subdivisions, or of the United States which has as its objective the

regulation of premises used for dwelling purposes or which pertains to

the offense of rent gouging in the third, second or first degree.

c. Judgment under subdivision three or four of this section was

entered for the tenant in a previous action between the parties; or an

inspection was made, an order was entered, or other action was taken as

a result of a complaint or act described in paragraph a or b of this

subdivision.

The effect of the presumption shall be to require the landlord to

establish a non-retaliatory motive for his acts by a preponderance of

the evidence.

5-a. Any lease provision which seeks to assess a fee, penalty or

dollar charge, in addition to the stated rent, against a tenant because

such tenant files a bona fide complaint with the landlord, the

landlord's agent or a building code officer regarding the condition of

such tenant's leased premises shall be null and void as being against

public policy. A landlord or agent of the landlord who seeks to enforce

such a fee, penalty or charge shall be liable to the tenant for triple

the amount of such fee, penalty or charge.

6. This section shall apply to all rental residential premises except

owner-occupied dwellings with less than four units. However, its

provisions shall not be given effect in any case in which it is

established that the condition from which the complaint or action arose

was caused by the tenant, a member of the tenant's household, or a guest

of the tenant. Nor shall it apply in a case where a tenancy was

terminated pursuant to the terms of a lease as a result of a bona fide

transfer of ownership.