Retaliation by a Landlord Against a Tenant
  • Gennaro Calabrese

Retaliation by a Landlord Against a Tenant


Real Property Law § 223-b prevents a landlord from bringing an action or eviction proceeding (i.e., retaliating) in response to a tenant’s invocation of any rights arising from, but not limited to, the lease, any health or safety law, or for the enforcement of the warranty of habitability. The landlord is also prevented from retaliating by substantially altering the terms of the tenancy. Substantial alteration includes refusing to continue a tenancy upon expiration of the lease.


When a landlord has violated the provisions of Real Property Law §223-b, the tenant can commence a civil action against the landlord for damages, attorney’s fees, and costs. The tenant can also seek injunctive and other equitable remedies.


Real Property Law § 223-b applies to all rental residential premises except owner-occupied dwellings with less than four units. Real Property Law § 235-d, which deals specifically with harassment by a landlord against a tenant, only applies to cities with a population of one million or more.


If you need legal assistance regarding landlord/tenant matters in the Albany County or the Greater Capital District, contact the Calabrese Law Firm at 518-350-7480 for a free consultation.

518-350-7480

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