Although the Court finds that Petitioner made valid complaints, most were successfully
remediated, and none rise to the level requiring further intervention under article 7D.
Holdover action and Retaliation Real Property Law §
223-b
On October 3, 2025, Respondents filed a holdover petition under LT-2259-25. On June 10,
2025, Petitioner was served with a 90-Day notice to vacate, his tenancy ending on September 30,
2025. The first appearance on this matter was heard on October 24, 2025, and a 14-day
adjournment was granted. The holdover proceeding was stayed once Petitioner filed this 7D
matter on October [*3]29, 2025, to enable the holdover and this
7D proceeding to be heard concurrently.
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.
Petitioner's proffered exhibit, the Complaint Action Summary of the City of Syracuse Code
Enforcement, showed he called Code Enforcement in November 2024; this summary
documented numerous calls and communications, with both the Petitioner and Respondents,
from November 2024 to present. Petitioner's exhibits including a "New York Eviction Notice"
and a "5-Day Late Rent" notice filed in 2024, could be presumed to induce Petitioner to vacate,