MCKAY v. SMITH


110 Misc.2d 518 (1981)

Walter McKay, Petitioner, v. Muriel Smith, Respondent.

District Court of Nassau County, Second District.

August 28, 1981


Attorney(s) appearing for the Case

Leonard S. Clark and Joseph Burden for respondent. Patricia Jean Lang for petitioner.


JOSEPH GOLDSTEIN, J.

Is a landlord bound to retain a month-to-month tenant when that tenant has complained to some official body regarding a housing code violation, or may the landlord seek to terminate such a tenancy without being violative of section 223-b of the Real Property Law? May actions by the tenant or her representatives waive the statutory protection of "retaliatory eviction"?

These questions would appear to be ones of first impression...

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