Real Property Law § 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. Real Property Law § 223-b (5) (c) sets forth that the effect of the presumption shall be to require the landlord to establish a non-retaliatory motive for his acts by a preponderance of the evidence.
Petitioners began withholding rent in November 2024, and in January 2025, respondents served petitioners with a 90-day notice to vacate. Both parties presented text evidence that they discussed a lease renewal in February 2025 and provided documentation that respondent D'Antonio filled out a Department of Social Services (DSS) shelter verification form on February 13, 2025. Petitioners contacted Code Enforcement in March 2025 regarding their habitability issues, and on March 31, 2025, code violations were issued on the property.