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Is it possible to defend against eviction?

| May 3, 2019 | Landlord/Tenant Matters

If you have received an eviction letter from your landlord in New York, it is likely that you will be feeling worried about your future housing options. Losing your home so unexpectedly can be upsetting and will feel unfair. You may be wondering whether there is any legal action you can take to prevent eviction actions from taking place.

It can be possible to defend yourself from an eviction notice if the landlord did not have grounds to evict you. The following are some options that you may be able to use depending on your specific circumstances.

Argue that your landlord gave improper notice

Your landlord must give notice of an eviction, and this eviction notice must be in accordance with New York law. This means that if you can show that the notice period or the method of delivery was invalid, your landlord will need to start the process again. This may give you extra time to arrange housing alternatives.

Argue that you were subject to retaliation

If you reported your landlord to a government agency because of a violation, you were simply abiding by the law. However, such behavior may make your landlord angry, and they may attempt to retaliate by trying to evict you. If you can show that the eviction attempt is based on retaliation, this can be deemed as wrongful under the law.

Assert your right to fair housing

The Fair Housing Act is in place to prevent discriminatory actions in housing-related transactions. If you believe that your landlord discriminated against you, this could be used as an eviction defense.

It is important to take swift action to understand the law if you are facing eviction in New York.

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