Tenant Proved Retaliatory Eviction Claim

May 31, 1999

LVT Number: 13248

Landlord sued to evict month-to-month tenant based on a 30-day termination notice. Tenant claimed retaliatory eviction. In a prior eviction case, tenant had proved retaliatory eviction by landlord for tenant's complaints to HPD. Immediately after the prior case was dismissed, landlord raised tenant's monthly rent from $550 to $650. Within six months, landlord brought the new eviction case. The change in rent and the new case raised a rebuttable presumption that landlord was retaliating against tenant.

Landlord sued to evict month-to-month tenant based on a 30-day termination notice. Tenant claimed retaliatory eviction. In a prior eviction case, tenant had proved retaliatory eviction by landlord for tenant's complaints to HPD. Immediately after the prior case was dismissed, landlord raised tenant's monthly rent from $550 to $650. Within six months, landlord brought the new eviction case. The change in rent and the new case raised a rebuttable presumption that landlord was retaliating against tenant. Although landlord claimed he sought eviction because tenant wouldn't pay the rent increase, landlord didn't show proof of increased costs. The court ruled for tenant without a trial.

Samuel v. Villafane: NYLJ, p. 30, col. 5 (5/26/99) (Civ. Ct. Kings; Alterman, J)

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