2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 223-B - Retaliation by Landlord Against Tenant.

§  223-b.  Retaliation  by  landlord against tenant. 1. No landlord of
  premises or units to which this section  is  applicable  shall  serve  a
  notice  to  quit  upon any tenant or commence any action to recover real
  property or summary proceeding to recover possession of real property in
  retaliation for:
a. A good faith complaint, by or in  behalf  of  the  tenant,  to  the
  landlord,  the  landlord's  agent  or  a  governmental  authority of the
  landlord's alleged violation of any health or  safety  law,  regulation,
  code,  or  ordinance,  the  warranty  of  habitability under section two
  hundred thirty-five-b of this article, the duty to repair under sections
  seventy-eight, seventy-nine, and eighty of the multiple dwelling law  or
  section  one  hundred seventy-four of the multiple residence law, or any
  law or regulation which has as its objective the regulation of  premises
  used  for  dwelling  purposes  or  which pertains to the offense of rent
  gouging in the third, second or first degree; or
b. Actions taken in good faith, by or in  behalf  of  the  tenant,  to
  secure  or  enforce  any rights under the lease or rental agreement, the
  warranty of habitability under section two hundred thirty-five-b of this
  article, the duty to repair under sections seventy-eight,  seventy-nine,
  and  eighty  of  the  multiple  dwelling  law  or  section  one  hundred
  seventy-four of the multiple residence law, or under any  other  law  of
  the  state  of  New York, or of its governmental subdivisions, or of the
  United States which has as its objective the regulation of premises used
  for dwelling purposes or which pertains to the offense of  rent  gouging
  in the third, second or first degree; or
c.  The  tenant's  participation  in  the  activities  of  a  tenant's
  organization.
2. No  landlord  of  premises  or  units  to  which  this  section  is
  applicable  or such landlord's agent shall substantially alter the terms
  of the tenancy in retaliation for any actions set forth in paragraphs a,
  b, and c of subdivision one  of  this  section.  Substantial  alteration
  shall  include, but is not limited to, the refusal to continue a tenancy
  of the tenant, upon expiration of the tenant's lease, to renew the lease
  or offer a new lease, or offering a new lease with an unreasonable  rent
  increase; provided, however, that a landlord shall not be required under
  this  section to offer a new lease or a lease renewal for a term greater
  than one year.
3. A landlord  shall  be  subject  to  a  civil  action  for  damages,
  attorney's  fees  and  costs  and  other  appropriate  relief, including
  injunctive and other equitable remedies, as may be determined by a court
  of competent jurisdiction in any case in which the landlord has violated
  the provisions of this section.
4. In any action to recover real property  or  summary  proceeding  to
  recover  possession  of real property, judgment shall be entered for the
  tenant if the court finds that the landlord is acting in retaliation for
  any action set forth in paragraphs a, b, and c  of  subdivision  one  of
  this section. Retaliation shall be asserted as an affirmative defense in
  such  action  or  proceeding.  The  tenant  shall not be relieved of the
  obligation to pay any rent for which he is otherwise liable.
5. In an action or proceeding instituted against a tenant of  premises
  or  a unit to which this section is applicable, a rebuttable presumption
  that the landlord is acting in  retaliation  shall  be  created  if  the
  tenant  establishes  that  the  landlord  served  a  notice  to quit, or
  instituted an action or proceeding to recover possession,  or  attempted
  to substantially alter the terms of the tenancy, within one year after:
a.  A good faith complaint was made, by or in behalf of the tenant, to
  the landlord, the landlord's agent or a governmental  authority  of  the
  landlord's  violation  of any health or safety law, regulation, code, or

  ordinance, the  warranty  of  habitability  under  section  two  hundred
  thirty-five-b  of  this  article,  the  duty  to  repair  under sections
  seventy-eight, seventy-nine, and eighty of the multiple dwelling law  or
  section  one  hundred seventy-four of the multiple residence law, or any
  law or regulation which has as its objective the regulation of  premises
  used  for  dwelling  purposes  or  which pertains to the offense of rent
  gouging in the third, second or first degree; or
b. The tenant in good faith took action to secure or  enforce  against
  the  landlord  or  his  agents  any  rights  under  the  lease or rental
  agreement, the  warranty  of  habitability  under  section  two  hundred
  thirty-five-b  of  this  article,  the  duty  to  repair  under sections
  seventy-eight, seventy-nine, and eighty of the multiple dwelling law  or
  section one hundred seventy-four of the multiple residence law, or under
  any  other  law  of  the  state  of  New  York,  or  of its governmental
  subdivisions, or of the United States which has  as  its  objective  the
  regulation  of  premises used for dwelling purposes or which pertains to
  the offense of rent gouging in the third, second or first degree.
c. Judgment under subdivision  three  or  four  of  this  section  was
  entered  for  the tenant in a previous action between the parties; or an
  inspection was made, an order was entered, or other action was taken  as
  a  result  of  a  complaint or act described in paragraph a or b of this
  subdivision.
The effect of the presumption shall be  to  require  the  landlord  to
  establish  a  non-retaliatory  motive for his acts by a preponderance of
  the evidence.
5-a. Any lease provision which seeks  to  assess  a  fee,  penalty  or
  dollar  charge, in addition to the stated rent, against a tenant because
  such  tenant  files  a  bona  fide  complaint  with  the  landlord,  the
  landlord's  agent  or a building code officer regarding the condition of
  such tenant's leased premises shall be null and void  as  being  against
  public  policy. A landlord or agent of the landlord who seeks to enforce
  such a fee, penalty or charge shall be liable to the tenant  for  triple
  the amount of such fee, penalty or charge.
6.  This section shall apply to all rental residential premises except
  owner-occupied  dwellings  with  less  than  four  units.  However,  its
  provisions  shall  not  be  given  effect  in  any  case  in which it is
  established that the condition from which the complaint or action  arose
  was caused by the tenant, a member of the tenant's household, or a guest
  of  the  tenant.  Nor  shall  it  apply  in  a  case where a tenancy was
  terminated pursuant to the terms of a lease as a result of a  bona  fide
  transfer of ownership.