What are a Tenant's Options to Oppose Eviction

My question involves landlord-tenant law in the State of: New York City

Tenant here. Long story short:
1. I live in a basement or cellar apartment with 1 roommate
2. For months we notified landlord of mouse droppings, asked for exterminator to take care of roaches.
3. Finally, rodent ate through packaging of my stored food.
4. After months of problem not being solved, I emailed landlord. Paraphrased, "we made a good faith effort to resolve this on our own. We did this, this, and that on our own. Pursuant to NYC Warranty of Habitability laws, can you please seek immediate resolution to this?"
5. 1 week later, receive a "Notice to Vacate" email. Landlord is now requesting me to move by September 31st.
6. Landlord is already advertising same apartment online available for occupancy October 1 for 19% increase over what I pay

Pursuant to New York Real Property Law 223-b, this seems like a retaliatory eviction.

The trouble is, I didn't even file an official complaint through 311 or do it myself online.
223-b 5 a: good faith complaint not made to a "governmental authority"
223-b 5 b: I didn't commence an "action or proceeding in a court or administrative body of competent jurisdiction"
So the only proof I have is my email with reference to the words, "warranty of habitability". Then a week later LL's "notice to vacate" email

This building may also fail to meet 223-b 6, since this is an owner occupied dwelling with less than 4 units. Department of Finance records state this building is 3 units, 3 stories. (There are a total of 8 room rentals).

I just need some clarity. Do I have a leg to stand on with the Retaliatory Eviction defense? Thanks!

I just read the entire section:

No, you don't have a leg to stand on.

That section doesn't apply to a 3 unit dwelling.

Further, getting yourselves thrown out on your butts for complaining about mouse droppings is rather stupid.

You've got Home Depot stores in NYC.

You could have bought yourselves a few glue traps and taken care of the situation yourselves months ago.

Thanks for your answer.

I did buy sticky pad mouse traps like that and place them strategically throughout the apartment.
I did buy with my own money ultrasonic rodent repellers.
I did place additional no kill mouse traps.
I made numerous requests to landlord for an extermination service.
Yet, they still got through. Add in American cockroaches too.

I made a good faith to do everything in my power over the course of months to amicably resolve this. LL dragged his feet.

Considering this is a Warranty Of Habitability Violation in NYC and I'm paying market rate, maybe landlord retaliation won't stand, but other defenses will.

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Quoting ciceronyc

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Considering this is a Warranty Of Habitability Violation in NYC and I'm paying market rate, maybe landlord retaliation won't stand, but other defenses will.

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You can still file a complaint with your local board of health.


PS: Next time you post questions on an internet forum, provide ALL the relevant information.

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Quoting adjusterjack

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You can still file a complaint with your local board of health.


PS: Next time you post questions on an internet forum, provide ALL the relevant information.

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I was playing it safe with my level of disclosure. It's possible LL is even reading here.

But thanks for the unsolicited advice.

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Quoting ciceronyc

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I was playing it safe with my level of disclosure. It's possible LL is even reading here.

But thanks for the unsolicited advice.

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When you post on an internet forum you ARE soliciting advice, therefore it is a little silly to call someone's advice unsolicited.

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Quoting llworking

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When you post on an internet forum you ARE soliciting advice, therefore it is a little silly to call someone's advice unsolicited.

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I asked for advice regarding a possible legal standing, NOT how to "post questions on an internet forum, provide ALL the relevant information."

They are two separate issues.

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Quoting ciceronyc

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I asked for advice regarding a possible legal standing, NOT how to "post questions on an internet forum, provide ALL the relevant information."

They are two separate issues.

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No they are not...because that advice was telling you how to get the advice that you wanted.

However I am done here. You clearly are not prepared to actually listen to advice.

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Quoting adjusterjack

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You can still file a complaint with your local board of health.


PS: Next time you post questions on an internet forum, provide ALL the relevant information.

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You didn't specify THIS internet forum. The word choice was "an" internet forum.

I don't think you don't have a leg to stand on. In the absence of a written lease, your landlord does not need a reason to terminate your tenancy as long as proper notice is given. In this case, it sounds like proper notice would have been a 30 Day Notice of Termination served by a process server. The rodent and cockroach stories aren't necessarily relevant.

It seems your landlord prefers tenants that don't complain.