# New York — Landlord retaliation presumption period by US state

For New York, presumption period is one year; what the presumption does is a rebuttable presumption that the landlord is acting in retaliation shall be created; example of a protected activity is 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; statute is RPL § 223-b, recorded from its source on 2026-09-02.

- **State:** New York _(our reading, not quoted from the source)_
- **Presumption period:** one year _(verified: appears in the quote below)_
- **What the presumption does:** a rebuttable presumption that the landlord is acting in retaliation shall be created _(verified: appears in the quote below)_
- **Example of a protected activity:** 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 _(verified: appears in its own passage below)_
- **Statute:** RPL § 223-b _(our reading, not quoted from the source)_

## What the source says

> 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:

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Example of a protected activity

> 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

## Source

- https://www.nysenate.gov/legislation/laws/RPP/223-B

Last verified: 2026-09-02. Review by: 2027-09-02.
Part of [Landlord retaliation presumption period by US state](https://referencesource.org/landlord-retaliation-presumption-period-by-state/).