Respondent had failed to even apply for a Rental Registry Certificate prior to this 7D proceeding.
The Property Conservation Code of the City of Syracuse Section 27-131, which has been in
effect since 2011, requires Rental Registry Certificates on one- or two-family
non-owner-occupied dwellings leased within the City of Syracuse. It is unlawful to rent such
dwelling without a Rental Registry Certificate.
Non-payment action and Retaliation Real Property
Law§
223-b
Real Property Law (RPL) §
223—b entitled "Retaliation by landlord against tenant" states in relevant part that a
landlord shall not commence a proceeding to recover real property in retaliation for actions taken
in good faith by a tenant to enforce rights under the lease or law of the State of New York
regulating residential premises. A rebuttable presumption that the landlord is acting in retaliation
shall be created if the tenant establishes that the landlord instituted an action or proceeding to
recover possession, within one year after a good faith complaint was made, or good faith action
was taken.
Petitioners began withholding rent in July 2025, and were served with a non-payment
petition in September, seeking $6,450 for three months back rent. Because this is not a holdover
proceeding, and arguably should the tenants pay the back rent (or any portion this Court
determines is owed by Petitioners), they are entitled to remain in the premises; so even though
Respondent affirms that he decided not to renew Petitioners' lease due to their raising numerous
issues regarding the property, there cannot be a finding of retaliation at this time.
Judgment/Order/Decision
Review of the testimony of both parties, Respondent's witness, and affirmation and affidavit