Can a landlord retaliate against a tenant for complaining in New York?
No. In New York, a landlord may not serve a notice to quit, start an eviction or substantially change the tenancy, including refusing to renew, in retaliation for a good-faith complaint about health, safety or habitability or for tenant organizing, and doing so within one year after the complaint or a resulting inspection or order is presumed retaliatory. The section does not apply to owner-occupied buildings with fewer than four units. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.Y. Real Prop. Law § 223-b.
| What | New York |
|---|---|
| Retaliation by a landlord | Prohibited by statute |
| Time period in the statute | Presumed within 1 year |
| How the period works | Retaliation is presumed if the landlord acts within it |
Source
N.Y. Real Prop. Law § 223-b
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.
Guides on this rule
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
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