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Posted by Dawn on October 31, 2000 at 12:52:55:

In Reply to: Heat Problem posted by Ann on October 31, 2000 at 11:07:57:

Hi again -- I found this on post from a few days ago, might just answer your question on the retaliation issue:

Real Property Law §223-b bars retaliatory evictions. The law applies to all residential premises in New
York state, except owner-occupied buildings with fewer than four units. If you made your complaints to
HPD within the last six months, the landlord would have to disprove the law's rebuttable presumption of
retaliation.

In any event, you don't have to move until a judge orders you to move. Even if the landlord could prove
that the eviction wasn't retaliatory, the housing court judge can give you up to six months to move.

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Comments:
: Hi again -- I found this on post from a few days ago, might just answer your question on the retaliation issue:

: Real Property Law §223-b bars retaliatory evictions. The law applies to all residential premises in New
:      York state, except owner-occupied buildings with fewer than four units. If you made your complaints to
:      HPD within the last six months, the landlord would have to disprove the law's rebuttable presumption of
:      retaliation. 

:      In any event, you don't have to move until a judge orders you to move. Even if the landlord could prove
:      that the eviction wasn't retaliatory, the housing court judge can give you up to six months to move. 



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