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Posted by Mark Smith on August 28, 1999 at 17:58:09:

In Reply to: Landlord mad about code enforcement, HELP! posted by C. Jarke on August 27, 1999 at 20:36:42:

In New York state, in general terms, Real Property Law §223-b prohibits a landlord from retaliating against a tenant for filing a complaint with a governmental agency. If the landlord attempts to terminate a tenancy (for other than non-payment of rent) within six moths after a tenant files a complaint, the landlord is presumed to be retaliating against the tenant. The law does not apply to owner-occupied housing with fewer than four units. If the law applies, retaliatory eviction must be pleaded as an affirmative defense in landlord-tenant/housing court.

There have been several federal and New York state cases that have held that the 14th Amendment to the U.S. Constitution prohibits state courts from evicting tenants who have exercised their constitutional rights to free speech and to petition the government.

: My landlord decided last week to cut down a huge tree in the back yard that has been there since the labor day storm blew it down (Last year).
: She decided to put the cut up branches in our driveway blocking it. She called us that day to tell us what was going on. This was on sunday. She assured us that the
: tree would be removed by monday morning. Well, monday came and went. We called the town to find out when they would come to remove it.They asked
: us where our residence was and said she had never called to arrange to have it picked up. They only do pickups on FRIDAY... Well, anyway, they sent a codes officer out.
: She was cited for leaving it out and not arranging to have it removed. The removal is going to be charged to her taxes and she's hopping mad about it.
: The other downstairs tenant called her to tell her in detail what happened and she thinks we did it purposely. We have been unable to talk with her without
: her getting irate and yelling at us. we also think that she is trying to get rid of us now, although nothing is in writing yet.
: Why should we have to pay for her doing things wrong?

: Any help is appreciate

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Comments:
: In New York state, in general terms, Real Property Law §223-b prohibits a landlord from retaliating against a tenant for filing a complaint with a governmental agency.  If the landlord attempts to terminate a tenancy (for other than non-payment of rent) within six moths after a tenant files a complaint, the landlord is presumed to be retaliating against the tenant.  The law does not apply to owner-occupied housing with fewer than four units.  If the law applies, retaliatory eviction must be pleaded as an affirmative defense in landlord-tenant/housing court.

: There have been several federal and New York state cases that have held that the 14th Amendment to the U.S. Constitution prohibits state courts from evicting tenants who have exercised their constitutional rights to free speech and to petition the government. 

: 
: : My landlord decided last week to cut down a huge tree in the back yard that has been there since the labor day storm blew it down (Last year).
: : She decided to put the cut up branches in our driveway blocking it. She called us that day to tell us what was going on. This was on sunday. She assured us that the
: : tree would be removed by monday morning. Well, monday came and went. We called the town to find out when they would come to remove it.They asked 
: : us where our residence was and said she had never called to arrange to have it picked up. They only do pickups on FRIDAY... Well, anyway, they sent a codes officer out.
: : She was cited for leaving it out and not arranging to have it removed. The removal is going to be charged to her taxes and she's hopping mad about it.
: : The other downstairs tenant called her to tell her in detail what happened and she thinks we did it purposely. We have been unable to talk with her without 
: : her getting irate and yelling at us. we also think that she is trying to get rid of us now, although nothing is in writing yet.
: : Why should we have to pay for her doing things wrong? 

: : Any help is appreciate


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