My lanlord is evicting me because..there is sewage and mold in basement ..and i complained...can he do that?

Eric Barnes | Oct 1, 2019 | Category: Public health department

Erie County Health Department - All questions

Address: 95 Franklin St, Buffalo, NY 14202, USA

Snakes | Sep 30, 2021

Likely it would be more fruitful contacting a community Tenants' Rights organization than the ECDOH. Please feel free to read the following excerpt from "New York State Passes Major Tenant Protection Reforms" (July 9, 2019): "...A retaliatory eviction is when a landlord tries to evict a tenant because the tenant did something that they are legally allowed to do. For example, a tenant is concerned about mold in their apartment, so they call the health department. If the landlord tries to evict the tenant because the tenant called the health department, it is a retaliatory eviction. With the new law, there is a presumption of retaliation for one 1 year (a change from 6 months) after a good faith complaint by the tenant. This means that the court will assume that the eviction is retaliatory unless the landlord proves otherwise." ^(https://ppgbuffalo.org)

Vernon Lohan | Oct 1, 2019

Yes

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