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41 Misc. 3d 605

Citation
41 Misc. 3d 605
Jurisdiction
New York (state)
Source verification
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Full Text

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“[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” (§ 223-b [1] [a]) or “[ajctions 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” (§ 223-b [1] [b]).

If a court finds that the landlord commenced an eviction action or proceeding in retaliation for the tenant having taken any protected action, and also finds that the landlord would not otherwise have commenced such action or proceeding, “judgment shall be entered for the tenant.” (§ 223-b [4].)

Section 223-b provides for a rebuttable presumption of retaliation where, among other things, a landlord serves a notice to *611quit or commences a proceeding to recover possession within six months after the tenant makes a good faith complaint “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” (§ 223-b [5] [a]), or the tenant in good faith commences