Renting & housing · Your right

Landlord retaliation in New York: protection for tenants who complain

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under Real Property Law § 223-b, your landlord can't try to evict you, refuse to renew your lease, offer a renewal with an unreasonable rent increase, or otherwise substantially change your tenancy because you made a good-faith complaint about conditions, tried to enforce your rights, or took part in a tenants' organization. If the landlord acts within one year after your complaint, the law presumes retaliation, and the landlord must prove a legitimate reason. You can use this as a defense in an eviction case and sue for damages and attorneys' fees. It covers all rentals except owner-occupied buildings with fewer than four units.

Read on for the details, the exceptions and the sources.

In plain words

Retaliation
Punishing you for using your rights, for example by trying to evict you after you called the city about repairs.
Good faith
Honestly believing your complaint is true, even if an inspector later disagrees.
Rebuttable presumption
The law assumes something unless the other side proves otherwise. Here, the landlord must show a non-retaliatory reason.
Affirmative defense
A reason you raise in your answer to the eviction case that, if proven, defeats the landlord's claim.

What is it?

Real Property Law § 223-b(1) forbids a landlord from serving a notice to quit or starting an eviction case in retaliation for: (a) a good-faith complaint, to the landlord, their agent or a government agency, about a violation of a health or safety law, the warranty of habitability, the duty to repair, or any housing law; (b) good-faith actions to enforce your rights under your lease or those laws; or (c) taking part in a tenants' organization.

Section 223-b(2) also forbids substantially changing the terms of your tenancy in retaliation, which includes refusing to renew your lease or offering a renewal with an unreasonable rent increase. In that case the landlord doesn't have to offer a renewal longer than one year.

Who qualifies?

Tenants of all rental residential premises in New York State, except owner-occupied dwellings with fewer than four units (§ 223-b(6)). Rent-regulated and unregulated tenants are both covered, and the complaint can be made by you or on your behalf.

Exceptions

  • Owner-occupied buildings with fewer than four units aren't covered (§ 223-b(6)).
  • The protection doesn't apply if the condition you complained about was caused by you, a member of your household or a guest (§ 223-b(6)).
  • It doesn't apply when a tenancy ends under the lease's terms because of a genuine transfer of ownership (§ 223-b(6)).
  • You still owe rent: winning on retaliation doesn't erase rent you otherwise owe (§ 223-b(4)).

How much?

  • In an eviction case: if the court finds retaliation, judgment must be entered for you (§ 223-b(4)).
  • In a lawsuit against the landlord: damages, attorneys' fees and costs, and orders such as an injunction, as the court decides (§ 223-b(3)).
  • A lease clause charging you a fee or penalty for filing a complaint about conditions is void, and a landlord who tries to enforce it owes you three times the amount (§ 223-b(5-a)).

How is it calculated?

The key is timing. The presumption of retaliation arises if the landlord served a notice to quit, started an eviction case, or tried to substantially change your tenancy within one year after your good-faith complaint, your good-faith action to enforce your rights, a court judgment for you under § 223-b in an earlier case, or an inspection, order or other action that resulted from your complaint (§ 223-b(5)). The landlord must then prove a non-retaliatory motive by a preponderance of the evidence.

Example: you call 311 about no heat in January; an inspector issues a violation in February; in November your landlord says they won't renew your lease. That's within a year of both the complaint and the inspection, so the presumption applies.

What documents do you need?

  • Copies or records of your complaints, with dates (letters, e-mails, 311 complaint numbers)
  • Inspection reports and violation notices
  • Proof of your tenants' association activity
  • The landlord's notice, non-renewal or renewal offer
  • Your lease history, to compare the new terms with the old

How do you get it?

If you're sued for eviction, raise retaliation as an affirmative defense in your answer (§ 223-b(4)) and show the dates. To recover damages, you can bring a civil action (§ 223-b(3)). In New York City, tenants facing eviction can get free legal help through the Right-to-Counsel program.

What if they refuse?

  • If the landlord won't renew or proposes a steep increase after your complaint, write back pointing to § 223-b and the dates, and keep a copy.
  • If you live in a Good Cause unit, the landlord also needs one of the reasons in Real Property Law § 216 to end your tenancy.
  • Rent-regulated tenants can also report harassment to DHCR; in New York City, harassment can also be raised in Housing Court, according to the Attorney General's guide.

Deadlines

  • The presumption covers landlord actions within one year after your complaint or the resulting inspection or order (§ 223-b(5)).
  • Raise retaliation in your answer to the eviction case; don't wait until after a judgment.
  • Lawsuits for damages have time limits; check them early.

Frequently asked questions

Does it matter that I complained only to my landlord, not the city?

No. A good-faith complaint to the landlord or the landlord's agent counts, as does a complaint to a government agency (§ 223-b(1)(a)).

My landlord raised the rent after I joined the tenants' association. Is that retaliation?

It may be. Taking part in a tenants' organization is protected (§ 223-b(1)(c)), and offering a renewal with an unreasonable increase within a year counts as a substantial change in terms (§ 223-b(2), (5)).

What if the landlord had a real reason, like unpaid rent?

The presumption can be rebutted. If the landlord proves a legitimate, non-retaliatory reason by a preponderance of the evidence, the defense may fail. You also remain responsible for rent you owe (§ 223-b(4)).

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Official sources

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Related questions

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.