"[i]t simply incredible that, without ever responding to the tenant's numerous emails in any fashion—even to request secession—that only after the tenant complained to government officials and within hours after receiving the tenant's certified letter summarizing a host of former complaints and requesting repairs, the landlord became 'uncomfortable with [its] relationship' with the tenant and decided not to renew his lease" (Albany County Ct, Carter, J., index No. CA 691-17).{**62 Misc 3d at 278}
In addition, County Court found it "troubling" that City Court "rel[ied] upon the landlord's hearsay testimony regarding statements of concern allegedly made to [it] a year prior by two unnamed tenants concerning [Brown's unsavory] . . . history." Such evidence, according to the appellate court, was unreliable.
Ultimately, County Court decided that no credible evidence existed that rebutted the statutory presumption that MLR's decision not to renew the lease was in retaliation for making a complaint by the tenant to a governmental authority concerning a health or safety issue. Therefore, the court ordered the warrant of eviction vacated and returned possession of the apartment back to Brown.[FN1]