Q: Hi - I received a non-renewal lease notice from my management company after less than one year at my current apartment.
I have paid my rent on time and have had zero issues financially, however, there have been health hazards that needed to be addressed and were worked through with the property manager, but now I am being terminated of a renewal. Do I have the right to ask to stay under the retaliation clause, 223-B? I believe that they are unhappy that I asked for things to be fixed and removed (like sharp edged broken kitchen counter and dead rat underneath staircase for an entire weekend, etc.) and retaliating, but I'm not sure what I can do about it.
A:
Dear Manhattan Tenant:
Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]) because that is the ONLY method allowed by State Law for a Landlord to inform a Tenant that there is no forthcoming offer of a new lease? You must have a free-market rental (not Rent Stabilized).
The Retaliation Eviction Law comes into play only after the landlord files the eviction lawsuit (Holdover Summary Proceeding) in NYC Housing Court. So you have a stretch of time before that happens to hire an attorney who may deter the landlord from the current path that otherwise ends in an eviction court if you do not move out.
Please read the statute https://www.nysenate.gov/legislation/laws/RPP/223-B
Your two described complaints may not seem trivial to you but a Judge may also not see those described complaints sufficiently serious to secure a defense based on retaliation.
Peter J. Weinman agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
