Retaliation Protections
New York law prohibits landlords from retaliating against tenants who exercise their legal rights. If your landlord punishes you for filing complaints, joining a tenant association, or reporting violations, you have strong legal protections.
What Is Retaliation
Retaliation occurs when a landlord takes adverse action against a tenant because the tenant exercised a legal right. This includes: raising rent, reducing services, filing eviction proceedings, refusing to renew a lease, or harassing a tenant after they filed a complaint with HPD/311, reported code violations, joined a tenant organization, or testified in a legal proceeding.
The Presumption of Retaliation
Under New York Real Property Law Section 223-b, if a landlord takes adverse action within six months of a tenant's protected activity (filing a complaint, organizing, etc.), there is a legal presumption that the action is retaliatory. This means the burden shifts to the landlord to prove a legitimate, non-retaliatory reason for their actions.
Protected Activities
You are protected when you: file complaints with HPD, 311, or other agencies about housing conditions; report building code violations; organize or join a tenant association; withhold rent due to uninhabitable conditions (with proper procedure); testify in court or administrative proceedings; or exercise any legal right as a tenant.
What to Do If You Face Retaliation
Document the timeline: when you exercised your right and when the landlord took adverse action. The closer in time, the stronger your case. File a complaint with HPD or the Attorney General. If you're facing eviction, raise retaliation as an affirmative defense in housing court. Contact a tenant attorney for guidance.
Do's & Don'ts
Do
- Keep detailed records of when you filed complaints and when adverse actions occurred
- Save all communications with your landlord
- File complaints with HPD and the AG's office
- Raise retaliation as a defense in housing court if facing eviction
- Connect with tenant organizations for support
Don't
- Stop exercising your rights out of fear of retaliation
- Assume your landlord's actions are coincidental without investigating
- Wait too long to assert your retaliation defense
- Rely only on verbal accounts — get everything documented
- Let your landlord isolate you from other tenants
Helpful Resources
Need Help? Call AG Helpline
(800) 771-7755Frequently Asked Questions
3 questions answered
Retaliation includes rent increases, eviction threats, service reductions, or lease non-renewals that happen after you filed a complaint, reported violations, or organized with other tenants.
NYC law creates a presumption of retaliation if your landlord takes adverse action within 60 days of you exercising a legal right. Document everything: the date you filed a complaint and the date the retaliation started.
You can raise retaliation as a defense in Housing Court if facing eviction. You can also sue your landlord for retaliation and seek damages. Contact the AG's office or a tenant attorney for help.
Disclaimer
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.