New York, NY asked in Real Estate Law and Landlord - Tenant for New York

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.

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Manhattan Tenant:

Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 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

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

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