A finding of retaliation is not based on reports to Code Enforcement alone. Complaints made to landlords or their agents involving breach of warranty of habitability for issues of health and safety concerns can also be the basis for retaliation (Real Property Law §§ 223-b [1] [a]; 235-b). The text messages between petitioners and respondent D'Antonio document petitioners' plea to remain in the apartment with promises of payment, and respondent D'Antonio replying, "it is time to cut ties" and "there have been too many problems and its not worth his time or money."
Respondents did not overcome their burden to rebut the presumption of retaliation. Respondent D'Antonio insisted that the motive for not renewing the lease and filing the May 9,{**88 Misc 3d at 474} 2025 holdover petition was because petitioners were rude, and he had too much trouble dealing with them. Respondent did file the DSS landlord verification form, but he testified that he only filled out the form to get petitioners "off his back." This court not only finds respondent's actions retaliatory but also fraudulent. In filling out the DSS shelter verification form respondent inflated the actual rent for the unit by over $3,000.00. Together, respondent D'Antonio being less than forthcoming about being a member of the LLC and other inconsistencies in his testimony lead this court to question respondent D'Antonio's credibility.
Judgment/Order/Decision