Q: Can owners that lives at and rents the upper floor of a 2 family home, be punished for retaliation under this law in NY
Violation called into govt agency for no handrailing and barrier for porch area for over 30 days. Tenant only has one access point to apartment which requires climbing 15 stairs, with 3 minor children, ages 13, 10 (who has ADHD) and 6. Landlord sends 2 letters to vacate. 1st one came within days after official notification to repair stairs. 2nd one less than 30 days after the expiration of the 1st notice.
A:
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants:
Make good faith complaints to a government agency regarding violations of any health or safety laws
Take actions to protect their rights under the lease
Participate in tenant organizations
In New York, there is a presumption of retaliation if the landlord acts in this manner within six months of the date that a tenant has exercised a legal right. Tenants available remedies include collecting damages from landlords who violate this law. Please note this law applies to all rentals, except for owner-occupied dwellings with less than four units.
https://www.avail.co/education/laws/new-york-landlord-tenant-law
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