✓ Law Verified August 2026
New York landlord retaliation law exists because rights you cannot safely use are not rights at all. This guide covers the two ugliest moves a landlord can make, punishing you for complaining, and forcing you out without a court, what each one costs the landlord in New York, and exactly what to do when it happens to you. Verified against official New York sources as of August 2026.
In This New York Guide:
New York Landlord Retaliation and Lockout Law at a Glance
| Retaliation law | New York Real Property Law § 223-b (“Retaliation by landlord against tenant”) — a statute, not just case law. It applies statewide to residential rentals; RPL 223-b(6) exempts owner-occupied buildings with fewer than 4 units unless the retaliation is against a tenant-organization member, so tenants in very small owner-occupied buildings should check that exemption with their court. |
| Presumption window | Yes — 365 days. RPL 223-b(5), as amended by the Housing Stability and Tenant Protection Act of 2019, creates a rebuttable presumption of retaliation if the landlord serves a notice to quit, starts a holdover OR nonpayment proceeding, or substantially alters the terms of the tenancy within 1 year after the tenant’s protected act. The HSTPA lengthened this window from 6 months to 12 months and extended it to nonpayment cases and to unreasonable rent increases. Once the presumption applies, the landlord carries the burden of showing a credible non-retaliatory reason. |
| What retaliation costs the landlord | RPL 223-b(3) gives the tenant retaliation as a complete defense in the eviction case — many tenants can get the proceeding dismissed. RPL 223-b(4) separately allows a civil action for actual damages, attorney’s fees and costs, and other appropriate relief including injunctive and equitable remedies. Where the retaliation was a refusal to renew or an unreasonable rent increase, a court may order the landlord to offer a new lease or renewal of up to 1 year at a reasonable rent increase. The statute sets no fixed dollar penalty — damages are what the tenant proves, plus fees. |
| Lockout law | RPAPL § 768 (Unlawful Eviction) makes self-help eviction illegal statewide; RPAPL § 853 provides the treble-damages civil action for forcible or unlawful eviction; RPAPL § 713(10) is the emergency proceeding to be restored to possession. In New York City, NYC Administrative Code § 26-521 (Unlawful Eviction Law) also applies. |
| What a lockout costs the landlord | RPAPL § 853 lets a tenant who was put out by force or unlawful means recover TREBLE (3x) actual damages — hotel bills, lost or destroyed property, meals, missed work — and courts have added punitive damages in egregious cases. RPAPL § 768 sets a civil penalty of not less than 1000 and not more than 10000 per violation, and makes an intentional unlawful eviction a class A misdemeanor punishable by up to 365 days in jail. The RPAPL § 713(10) proceeding restores the tenant to possession, typically with a court order directing the landlord to let the tenant back in and replace the locks. Attorney’s fees may be available where the lease has a fees clause (made mutual by RPL § 234) or under another statute. |
Recognizing New York Landlord Retaliation When It Happens
Retaliation rarely announces itself. It looks like a sudden rent increase the month after you called the housing inspector, a non-renewal notice days after you asked for repairs in writing, new rules that only seem to apply to you, or an eviction filing right after you joined other tenants in a complaint.
The law does not require the landlord to admit anything, New York landlord retaliation cases are won on timing and paper.
That is why the habit that protects you most is boring: put every request and complaint in writing, date it, and keep a copy from day one.
Retaliation law does not make you eviction-proof, and it does not excuse unpaid rent. What it does is take away the landlord’s power to punish you for using rights New York gave you, and when the timeline shows punishment, judges notice.
What You Are Protected For
Under RPL 223-b(1): (a) a good faith complaint to the landlord, the landlord’s agent, or a government authority (code enforcement, health department, HPD, DHCR) about a violation of any health or safety law, code or ordinance, the warranty of habitability under RPL § 235-b, or the repair duties under Multiple Dwelling Law §§ 78, 79 and 80 or Multiple Residence Law § 174;
(b) actions taken in good faith to secure or enforce rights under the lease, RPL § 235-b, or any other state or federal law; and (c) participation in the activities of a tenant organization or tenants’ union. Requesting repairs in writing, calling 311 or a local code office, withholding rent for conditions in good faith, and organizing with neighbors are all covered.
The timing presumption: Yes — 365 days. RPL 223-b(5), as amended by the Housing Stability and Tenant Protection Act of 2019, creates a rebuttable presumption of retaliation if the landlord serves a notice to quit, starts a holdover OR nonpayment proceeding, or substantially alters the terms of the tenancy within 1 year after the tenant’s protected act.
The HSTPA lengthened this window from 6 months to 12 months and extended it to nonpayment cases and to unreasonable rent increases.
Once the presumption applies, the landlord carries the burden of showing a credible non-retaliatory reason.
Locked Out or Utilities Cut? Do This Today
TODAY: (1) Call 911 or go to the local precinct and report an illegal lockout — under RPAPL § 768 police are directed to determine whether you have a lease or have lawfully occupied the unit for 30 days or more, and if so they may order the landlord to restore you and may arrest for the class A misdemeanor;
bring lease, mail, ID, rent receipts or utility bills showing your address.
(2) In New York City, call 311 and ask for the Mayor’s Office to Protect Tenants / illegal lockout assistance, and go to the Housing Court in your borough to file an ILLEGAL LOCKOUT ORDER TO SHOW CAUSE with a verified petition under RPAPL § 713(10) — there is no filing fee for the order to show cause in Housing Court and clerks in the Help Center can give you the form.
(3) Outside NYC, file the same RPAPL § 713(10) petition by order to show cause in your local City, Town, Village or District Court. (4) You must have occupied the unit 30 consecutive days or more and generally must bring the RPAPL § 713(10) proceeding within 1 year of being removed. (5) Photograph the changed lock, broken door or removed belongings, and get a copy of the police report number.
Call a free legal services provider through the state hotline at 833-503-0447.
Utility shutoffs: Yes, illegal. RPL § 235 makes it a class A misdemeanor for a landlord, agent, manager, superintendent or janitor to wilfully or intentionally interrupt or discontinue water, heat, light, power, gas, elevator service, telephone or other services required by law or by the lease — up to 365 days in jail.
A shutoff done to force a tenant out is also treated as constructive eviction/unlawful eviction, so it can trigger RPAPL § 768 penalties (1000 to 10000 per violation) and RPAPL § 853 treble damages, and it breaches the warranty of habitability under RPL § 235-b, which supports a rent abatement.
Under RPL § 235-a, a tenant who pays a water or utility bill the landlord was required to pay may deduct that payment from future rent.
Whatever the details in New York, one rule holds everywhere in the country: a landlord cannot be the judge. Changing the locks, hauling your belongings to the curb, or cutting the power to force you out skips the court process every state requires, which is exactly why the law puts money penalties on it.
Do not respond in kind and do not break back in; document everything with photos and timestamps, keep receipts for every night of housing and every meal the lockout forces on you, and let the court hand the landlord the bill.
Ask the court clerk for the emergency form that restores possession, every state has one, most clerks will point you to it the same day, and judges hear these motions fast precisely because the law treats a lockout as an emergency.
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How to Respond to New York Landlord Retaliation
Put every repair request and complaint IN WRITING (email or text is fine) and keep a dated copy — the written record is what triggers the RPL 223-b 1-year presumption. Report the condition to a government authority (311/HPD in NYC, your local code enforcement or health department elsewhere) so there is an official record with a date.
If the landlord then serves a notice to quit, files a holdover or nonpayment case, refuses to renew, or hits you with an unreasonable increase within 12 months, answer the court petition and RAISE RETALIATION AS AN AFFIRMATIVE DEFENSE under RPL 223-b(3), and add a counterclaim under RPL 223-b(4) for damages, costs and attorney’s fees.
Do not move out and do not stop paying rent without advice — you may be able to keep possession and win the case instead.
Ask the Housing Court Help Center about free counsel; NYC has a Right to Counsel program for income-eligible tenants in eviction cases.
The Paper Trail Playbook Every New York Tenant Should Run
Start a single folder, paper or phone, the first day anything feels off. Every repair request goes in writing, even if you also called: a short text or email saying what is broken and when you reported it is enough. Photograph problems with the date visible, save every reply, and after any phone call that matters, send a one-line follow-up confirming what was said.
None of this is aggressive; it is just memory that a court can read.
If pressure starts, write a timeline while events are fresh: the date of your complaint, the date of the landlord’s response, and every step after. Retaliation cases in New York are decided on exactly this sequence, and the tenant who can hand a judge a clean dated timeline almost always outperforms the one relying on memory.
Keep paying rent the lawful way while the dispute runs, withholding without following the proper procedure hands the landlord the very eviction ground retaliation law took away. And if you feel unsafe at any point, involve the police and local legal aid the same day; retaliation that crosses into intimidation is more than a housing matter.
The Evidence That Wins These Cases
Dated written repair requests (emails, texts, certified-mail receipts); the 311/HPD/code-enforcement complaint number and the inspection report or violation notice showing the date; photos and video of conditions with timestamps; the eviction notice or rent-increase letter with ITS date, to show the gap is under 1 year; tenant-association sign-in sheets, flyers or meeting minutes if you organized; witness statements from neighbors; comparable rents showing an increase was unreasonable;
and the landlord’s own texts or statements linking the action to your complaint.
For lockouts: the police report number, photos of the drilled or changed lock and of removed property, a locksmith or hotel receipt, pay stubs showing lost work, and proof of 30+ days occupancy such as a lease, rent receipts, mail, or a utility bill in your name.
Worth knowing in New York: The HSTPA of 2019 rewrote both areas — it doubled the retaliation presumption window from 6 months to 1 year, extended the presumption to nonpayment proceedings and unreasonable rent increases, and made unlawful eviction a class A misdemeanor statewide through RPAPL § 768 rather than only in New York City. New York City layers on the Unlawful Eviction Law, NYC Admin.
Code § 26-521, plus a free illegal-lockout order to show cause in Housing Court and a Right to Counsel program for income-eligible tenants facing eviction. Rent-stabilized and rent-controlled tenants in New York City and in ETPA counties such as Westchester, Nassau and Rockland have additional non-renewal protections enforced by DHCR that go beyond RPL 223-b.
New York Landlord Retaliation: Quick Answers
Can I be evicted for complaining? Not lawfully. New York landlord retaliation law protects complaints to inspectors and to the landlord, and the timeline you document is your proof.
What if I am locked out today? A lockout without a court order is illegal. Call the police non-emergency line, then the court; the New York landlord retaliation and lockout rules above list the penalties.
Do I need a lawyer? Many New York landlord retaliation claims run through small claims or work as an eviction defense, and legal aid handles lockouts free.
Your landlord’s insurance won’t cover your stuff
Renters insurance protects your belongings for a few dollars a month.
You May Also Like
Official New York Sources & Resources
- New York Attorney General: ag.ny.gov/publications/residential-tenants-rights-guide
- New York Statute: nysenate.gov/legislation/laws/RPP/223-B
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Standing Up Without Getting Burned: New York Landlord Retaliation Law
The whole point of New York landlord retaliation law is that you should never have to choose between a safe apartment and keeping your housing. Use your rights calmly and in writing, a repair request, a code complaint, a question about a fee, and the law walks beside you.
If the landlord answers with pressure, the New York landlord retaliation timeline you documented becomes your shield and, in many cases, your counterclaim.
Tenants who understand New York landlord retaliation rules act earlier, keep better records, and settle from strength. When it escalates, local legal aid handles these cases every week and usually knows the judge’s expectations to the letter.
This New York landlord retaliation and lockout guide was last verified against official sources in August 2026. If you are locked out right now, act today, these remedies reward speed.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.