Baby Lead Hazard Retaliation

[Trelan1701]

My 9 month old has elevated levels of lead and the city was automatically notified. The inspector came and found the bedroom needed to be resurfaced. The same day, the landlord started to suggest we move.

We are currently month to month renters in an unregulated 3 family house (absentee landlord) in Queens. While we have, in the past, nagged our LL to make necessary repairs she didn't want to pay for, we've never called the city and we didn't for this (although she believes we did and has said so).

After the (expensive) repairs were done she sent us a termination notice because she was "selling the house" and supposedly for no other reason. BUT! She hasn't asked the tenants above us to move (the third apartment is currently unoccupied). We're positive this is retaliation for insisting on repairs and the whole lead thing.

We're not overly interested in suing her for being a miserable witch but I AM interested in making her life as miserable as she has made ours. What are my options?

[TenantNet]

To get you out she has to go through the courts. Take a look at the retaliation defense in the Real Property Law:

http://tenant.net/Other_Laws/RPL/rpl07.html

Sec. 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 a governmental authority of the landlord's alleged
violation of any health or safety law, regulation,
code, or ordinance, 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, under Section two hundred thirty-
five-b of this chapter, 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 or premises or units to which this section is
applicable 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 or, upon
expiration of the tenant's lease, to renew the lease or
offer a new lease; 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 and after
such extension of a tenancy for one year shall not be
required to further extend or continue such tenancy.

3. A landlord shall be subject to a civil action for damages
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
and further finds that the landlord would not otherwise have
commenced such action or proceeding. 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 six
months after:

a. A good faith complaint was made, by or in behalf of the
tenant, to a governmental authority of the landlord's
violation of any health or safety law, regulation,
code, or ordinance, 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 commenced an action or
proceeding in a court or administrative body of
competent jurisdiction to secure or enforce against the
landlord or his agents any rights under the lease or
rental agreement, under section two hundred thirty-five-
b of this chapter, 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.

But the presumption shall not apply in an action or
proceeding based on the violation by the tenant of the terms
and conditions of the lease or rental agreement, including
nonpayment of the agreed-upon rent.

The effect of the presumption shall be to require the
landlord to provide a credible explanation of a non-
retaliatory motive for his acts. Such an explanation shall
overcome and remove the presumption unless the tenant
disproves it by a preponderance of the evidence.

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.