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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)

Citation
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Parent Document
601 West 160 Realty Corp. v. Henry, 183 Misc. 2d 666 (2000)
Jurisdiction
New York (state)
Effective Date
2000-02-09

Full Text

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The court finds, based on the credible evidence, that petitioner acted in retaliation for respondent’s engagement in “protected acts” (i.e., serving as president of the tenants’ association), and would not have otherwise commenced the three summary proceedings. The history of summary nonpayment proceedings commenced against respondent, in light of petitioner’s concession that no rent was owed, is prima facie evidence of retaliatory eviction by the landlord. (Real Property Law § 223-b [5].) Petitioner offered no credible explanation of a nonretaliatory motive for its conduct. Landlords who violate the statute are subject to civil damages, and therefore, respondent is awarded a judgment against petitioner on his counter*673claims for retaliatory eviction in the amount of $3,000 (Real Property Law § 223-b [3]), and a judgment for $156.36 on his breach of the warranty of habitability counterclaim.