A trial was held (Albany City Ct, Heath, J., index No. LT 2803-17/AL). Brown claimed that MLR refused to renew his lease in retaliation for his complaints to city officials and to MLR. Brown argued that the non-renewal violated Real Property Law § 223-b. Section 223-b provides that a landlord shall not refuse to renew a lease or offer a new lease in retaliation for either a good faith complaint by the tenant to a governmental authority concerning a health or safety issue or any [*2]other good faith action relating to enforcing the warranty of habitability (Real Property Law § 223-b [1] [a], [b]). In particular, since the non-renewal came within six months of the good faith complaints, Brown argued that therefore a statutory presumption of retaliation arose which obliged MLR to come forward with "a credible explanation of a non-retaliatory motive for [its] acts" that would "overcome and remove the presumption" (Real Property Law § 223-b [5]).
MLR came forward and explained that it became frustrated by Brown's incessant emails, numbering into the hundreds. In addition, according to MLR, two tenants at 285 State Street refused to renew their leases because of Brown's unsavory character. As a result, MLR was no longer comfortable with a landlord-tenant relationship with Brown. The trial court accepted these explanations as credible non-retaliatory reasons for refusing to renew Brown's lease and thus, the court found that Brown had no right of possession after expiration of his lease, granted possession of the apartment to MLR, and issued a warrant of eviction.
Brown appealed this ruling. On appeal, the court found