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Re: retaliation

Posted by Mark Smith on October 17, 2000 at 22:34:58:

In Reply to: retaliation posted by Lucia on October 17, 2000 at 16:51:07:

Real Property Law 223-b bars retaliatory evictions. The law applies to all residential premises in New York state, except owner-occupied buildings with fewer than four units. If you made your complaints to HPD within the last six months, the landlord would have to disprove the law's rebuttable presumption of retaliation.

In any event, you don't have to move until a judge orders you to move. Even if the landlord could prove that the eviction wasn't retaliatory, the housing court judge can give you up to six months to move.

: We have been tenants of this building for 2 years with a month-to-month
: lease that looked very suspicious to us from the first minute we saw it. We tried to get a one year lease but they would not agree so we signed it anyway and hoped that everything would be ok.
: During the last year we have placed several complaints regarding lack of
: heat, electricity, plumbing and structural problems, safety in the building,
: etc. Most of the times the landlord paid attention to our complaints only
: after getting a copy of the complaint from the NYC Department of Housing
: Preservation and Development.
: Things have got really unbearable lately -we even spent two days with no
: electricity at all last week and since we have a 3 month old baby and work
: at home the situation could not have been worse. On top of this problems, a
: very valuable package that was delivered to our attention and left in the hallway was
: stolen and we have a witness (the cleaning person) who says he saw the
: managing agent of the building take the package. The first time we asked the agent whether he saw the package he said he did not. But when we told him what the cleaning guy have said he confessed that he saw the package and even took it but that he put it back in the hallway. This conversation took place on October, 10th.
: Today, October 12th, we received a letter from the Management of the
: building -which by the way

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