Short answer: New York landlord retaliation is banned by Real Property Law § 223-b, which protects good-faith complaints to the landlord or a government agency, efforts to enforce your lease or housing laws, and tenant organizing. If the landlord serves a notice to quit, starts an eviction, or substantially changes your tenancy within one year after a protected complaint or action, retaliation is presumed and the landlord must prove a non-retaliatory motive by a preponderance of the evidence. You can win the eviction case and sue for damages, attorney’s fees and costs.
A full year is longer than the 90-day or six-month windows many states use, and New York puts the burden squarely on the landlord once it applies. The statute also reaches nonrenewal and unreasonable rent increases, which matters in a state where many tenants are on one-year leases.
| Rule | New York | Statute |
|---|---|---|
| Protected acts | Good-faith complaints to landlord or agency, good-faith enforcement actions, tenant organization participation | RPL § 223-b(1) |
| Retaliatory acts | Notice to quit, eviction case, substantial alteration including nonrenewal or an unreasonable increase | RPL § 223-b(1)-(2) |
| Presumption window | 1 year; landlord must prove non-retaliatory motive by a preponderance | RPL § 223-b(5) |
| Penalty fees for complaining | Void; landlord liable for 3 times the fee | RPL § 223-b(5-a) |
| Exempt | Owner-occupied dwellings with fewer than 4 units | RPL § 223-b(6) |
| Unlawful eviction | Class A misdemeanor; civil penalty $1,000 to $10,000 per violation | RPAPL § 768 |
Protected Activity Under RPL § 223-b
Subdivision 1 lists three categories, and each can be done by you or by someone acting on your behalf:
- A good-faith complaint to the landlord, the landlord’s agent, or a government authority about an alleged violation of a health or safety law, the warranty of habitability in RPL § 235-b, the repair duties in the Multiple Dwelling Law or Multiple Residence Law, any law regulating dwellings, or the rent gouging laws.
- Good-faith action to enforce your lease rights, the warranty of habitability, those repair duties, or any state, local or federal law regulating housing or rent gouging.
- Participation in a tenant’s organization.
A complaint made only to the landlord counts. That matters because many tenants never call an inspector; a dated email to the management company about a broken boiler is enough to start protection.
What Counts as Retaliation in New York
Subdivision 1 bars serving a notice to quit or bringing a case to recover possession in retaliation. Subdivision 2 adds that the landlord may not substantially alter the terms of your tenancy in retaliation, and gives examples: refusing to continue the tenancy when the lease ends, refusing to renew or offer a new lease, or offering a new lease with an unreasonable rent increase. The landlord does not have to offer a renewal longer than one year.
Subdivision 5-a closes another route. A lease clause charging a fee, penalty or other charge beyond the rent because you filed a bona fide complaint is void as against public policy, and a landlord who tries to enforce one is liable to you for three times the amount.
New York Landlord Retaliation Presumption: One Year
Under § 223-b(5), a presumption of retaliation arises if you show that within one year after a protected event, the landlord served a notice to quit, started a proceeding, or tried to substantially alter your tenancy. The qualifying events are a good-faith complaint, a good-faith enforcement action, a prior judgment for you under the section, or an inspection, order or other government action resulting from your complaint.
That last trigger can extend your protection. If you complained in January and the city inspected in April, the April inspection can start its own one-year period.
The presumption shifts the burden: the landlord must prove a non-retaliatory motive by a preponderance of the evidence. The state Attorney General’s Residential Tenants’ Rights Guide describes the same one-year presumption and notes that if the landlord cannot show a legitimate reason, a tenant may be offered a renewal with only a reasonable increase.
Exemptions and Exceptions
Subdivision 6 applies the law to all rental residential premises except owner-occupied dwellings with fewer than four units. It also does not apply where you, a household member, or your guest caused the condition you complained about, or where the tenancy ended under the lease because of a bona fide transfer of ownership.
Remedies: Dismissal, Damages and Fees
Under § 223-b(4), retaliation is an affirmative defense in an eviction case, and if the court finds the landlord retaliated it must enter judgment for you. You remain liable for any rent otherwise owed, so a retaliation win does not erase arrears. Under subdivision 3, the landlord is also subject to a civil action for damages, attorney’s fees, costs, and injunctions or other equitable relief. The statute calls it an affirmative defense, so name it expressly when you answer the petition.
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A Worked Example
Keisha rents a two-bedroom in a 20-unit Syracuse building on a lease ending August 31, 2027. On October 6, 2026, she emails the management company that the heat is not working, citing the warranty of habitability. On June 1, 2027, she receives a letter saying her lease will be renewed only at a rent $450 higher, while neighbors were offered about $50 more.
The offer came within one year of her good-faith complaint and is arguably an unreasonable increase, so § 223-b(5) presumes retaliation. The landlord must prove a non-retaliatory reason by a preponderance of the evidence. If the landlord later files a holdover case and cannot, the court must rule for Keisha, and she may sue for damages and attorney’s fees under subdivision 3.
Unlawful Eviction, Lockouts and Utility Shutoffs
RPAPL § 768 protects anyone who has lawfully occupied a unit for 30 consecutive days or more, or who has a lease. Except through a warrant of eviction, court order or government vacate order, it is unlawful to evict or try to evict by force or threats; by a course of conduct meant to disturb your comfort, peace or quiet, including interrupting essential services; or by removing your possessions, removing the door, disabling the lock, or changing the lock without giving you a key.
Intentional violation is a class A misdemeanor. A violator also faces a civil penalty of $1,000 to $10,000 per violation, and up to $100 per day, for no more than six months, for failing to restore you to the unit after a request.
For repair problems, the Attorney General’s guide says you may sue for a rent reduction or withhold rent, but if you withhold, the landlord may sue for nonpayment and you counterclaim for breach of the warranty of habitability. Rent-regulated tenants may instead file a complaint with the state Division of Housing and Community Renewal (DHCR), but only after notifying the landlord in writing.
Documenting a Retaliation Defense
- Save every complaint with its date, including emails and portal tickets to management.
- Keep inspection reports, violation notices and agency case numbers; each can start its own one-year period.
- Compare your renewal offer with what neighbors were offered.
- Track your rent ledger, since you stay liable for any rent owed.
- Run your dates through the landlord retaliation checker.
Frequently Asked Questions
Does the one-year New York presumption apply in an owner-occupied two-family house?
No. RPL § 223-b(6) exempts owner-occupied dwellings with fewer than four units, so a tenant in an owner-occupied two- or three-family home cannot use this statute.
Can my landlord refuse to renew my lease after I complained?
Not in retaliation. Refusing to renew or to offer a new lease is a substantial alteration under § 223-b(2), and if it comes within one year of your complaint, the landlord must prove a non-retaliatory reason.
My lease charges a fee if I report violations. Is that legal?
No. Subdivision 5-a makes such a clause void, and a landlord who tries to enforce it is liable to you for three times the amount charged.
Do I still owe rent if I win on retaliation?
Yes. Section 223-b(4) says the tenant remains liable for any rent otherwise due, even when the court rules for the tenant on possession.
Are NYC renters covered?
Yes. Section 223-b is a statewide law. New York City tenants also have local protections described in our New York City tenant rights guide.
What to Do Next
If a nonrenewal or eviction notice arrived after you complained, list the date of each complaint, inspection and notice, and include retaliation as an affirmative defense in your answer. Compare other states in the tenant protection laws by state hub, read the landlord retaliation guide, and check New York security deposit law before any move. For advice on your own case, which this page does not give, start with LSC’s get legal help finder for New York legal aid offices.