Housing & Rent · Surprise rank #61
Rent Raised or Lease Threatened After You Complained? NY May Presume Retaliation
New York law protects many residential tenants from retaliation after good-faith complaints about health, safety, repairs or other protected tenant activity.
Who
Residential tenants covered by Real Property Law §223-b who make protected good-faith complaints or participate in protected tenant activity.
What to do
Start here: Keep dated copies of complaints, inspection records and landlord notices, and raise retaliation promptly in Housing Court or with tenant legal assistance.
Eligibility: The landlord's adverse action must follow protected tenant activity. When qualifying adverse action occurs within one year, the statute creates a rebuttable presumption of retaliation.
What you get
A tenant can raise retaliation as a defense or claim and may seek damages, attorney's fees, costs and equitable relief.
Benefit: Protection against retaliatory eviction, refusal to renew or unreasonable rent increases, plus possible court remedies.
Possible value: Varies with the rent, tenancy and damages; the protection can preserve housing as well as support monetary relief.
Good to know
Important: The presumption can be rebutted by a legitimate landlord reason. The statute excludes owner-occupied dwellings with fewer than four units, and tenants still owe otherwise lawful rent.
Availability: Active legal protection
Why people miss it: Tenants often know they can complain about conditions but not that a later eviction, nonrenewal or unreasonable rent increase can trigger a specific retaliation rule.
Sources reviewed: Aug 10, 2026