rpl 223-b is the New York law that protects renters from landlord payback after they speak up about their home. The most important number in rpl 223-b is one year: if your landlord acts against you within one year of your good-faith complaint, the law presumes it may be retaliation.
What RPL 223-b Actually Says
Maybe you got a letter or court papers citing this section. Or maybe you are thinking of using it yourself. Either way, rpl 223-b is about one thing: your landlord cannot get back at you for asserting your rights in good faith. “Good faith” means you honestly believed there was a real problem. Legal dictionaries such as Cornell’s Legal Information Institute define it the same way.
The law protects common tenant actions. For example, it covers reporting a code violation to a government agency, taking steps to enforce your lease or your right to a livable home, and taking part in a tenants’ organization. In most cases, the landlord actions it targets include starting an eviction, refusing to renew your lease, or making major changes to your lease terms.
The key tool in rpl 223-b is a presumption. If the landlord acts within one year of your protected activity, the court starts from the idea that it may be retaliation. However, a presumption is not an automatic win. The landlord can still try to show a legitimate reason. You can read the full text on the New York State Senate website.
| Provision | Exact rule | Section |
|---|---|---|
| Ban on retaliation | Landlord may not retaliate for a tenant’s good-faith complaint or action to enforce rights | RPL 223-b |
| Retaliation presumption | Presumed if landlord acts within one year of the tenant’s complaint | RPL 223-b |
| Who is exempt | Some owner-occupied buildings are excluded. Confirm the exact unit count in the official text | RPL 223-b |
| Remedies | Retaliation can be raised as a defense in an eviction case. Confirm the damages and lease remedies in the official text | RPL 223-b |
Who RPL 223-b Covers (and Who It Does Not)
Most New York renters are covered, whether they live in an apartment, a house, or a rent-stabilized unit. Typically, rpl 223-b applies to residential rentals across the state, not just New York City. It protects you whether you have a written lease or rent month-to-month.
However, rpl 223-b has exceptions. The main one involves smaller owner-occupied buildings, where the landlord lives on site. The exact size cutoff is written in the statute. Please check the official text of the law or ask a legal-aid office before you rely on it either way. Do not assume you are excluded just because your landlord lives in the building.
Local rules can add more protection. For example, rent-stabilized tenants in New York City have separate renewal rights under rent laws. As a result, you may have more than one layer of protection. A local tenant attorney can tell you which rules fit your building.
What Your Landlord Must Do Under This Law
At its core, rpl 223-b tells your landlord what not to do. Your landlord must not punish you for a good-faith complaint. That means no payback eviction, no payback refusal to renew, and no payback lease changes. The law does not stop a landlord from acting for honest reasons, such as unpaid rent.
If your landlord acts against you within one year of your complaint, the burden shifts. Under rpl 223-b, the landlord typically has to explain the real, non-retaliatory reason for the action. For example, they might point to a lease violation that existed before your complaint. The court then weighs both sides.
Keep in mind that the law does not force your landlord to send you any special notice. That is why your own records matter so much. Save texts, emails, photos, and inspection reports with dates on them.
What You Can Do When It Is Broken
If your landlord files an eviction case after you complained, you can raise rpl 223-b as a defense. Tell the judge about your complaint and show the dates. If the action came within one year, point out the presumption. Many tenants in New York can use this defense to push back against a payback eviction.
The statute also lists what a court can order when retaliation is proven. Those remedies are spelled out in the official text of rpl 223-b. Read it or have a lawyer walk you through it. We do not list dollar amounts or lease terms here because they must be confirmed in the statute itself. In most cases, a judge decides based on the facts and records you bring.
If you have an active eviction case, do not handle it alone. Contact a local legal-aid office or a tenant attorney as soon as you can. The Legal Services Corporation can help you find free legal aid near you. New York’s court system also runs free help centers for tenants. Check with your court or a local legal-aid office for the closest one.
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
Frequently Asked Questions
My landlord sent me a notice after I called the city about repairs. Is that retaliation?
It may be. Under rpl 223-b, a landlord action within one year of a good-faith complaint is presumed to be retaliation. However, the landlord can still try to prove a different reason, so gather your records and talk to legal aid.
Does rpl 223-b stop my landlord from ever evicting me?
No. The law blocks evictions that are payback, not evictions with a real legal reason like unpaid rent. As a result, it helps to keep paying rent on time while you assert your rights.
What proof should I keep?
Keep dated copies of complaints, repair requests, agency reports, photos, and any letters from your landlord. The dates are what prove the one-year window. Bring all of it to court or to your legal-aid appointment.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.