Here is a staute:
S 223-b. Retaliation by landlord against tenant. 1. No landlord of
premises or units to which this section is applicable shall serve a no-
tice 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 a
governmental authority of the landlord`s alleged violation of any health
or safety law, regulation, code, or ordinance, 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, under
section two hundred thirty-five-b of this chapter, 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 or premises or units to which this section is
applicable 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
or, upon expiration of the tenant`s lease, to renew the lease or offer a
new lease; 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 and after such extension of a tenancy for one year
shall not be required to further extend or continue such tenancy.
3. A landlord shall be subject to a civil action for damages 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 and further finds that the landlord would not otherwise
have commenced such action or proceeding. 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 six months
after:
a. A good faith complaint was made, by or in behalf of the tenant, to
a governmental authority of the landlord`s violation of any health or
safety law, regulation, code, or ordinance, 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 commenced an action or proceeding in a
court or administrative body of competent jurisdiction to secure or
enforce against the landlord or his agents any rights under the lease or
rental agreement, under section two hundred thirty-five-b of this
chapter, 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.
But the presumption shall not apply in an action or proceeding based
on the violation by the tenant of the terms and conditions of the lease
or rental agreement, including nonpayment of the agreed-upon rent.
The effect of the presumption shall be to require the landlord to
provide a credible explanation of a non-retaliatory motive for his acts.
Such an explanation shall overcome and remove the presumption unless the
tenant disproves it by a preponderance of the evidence.
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.
