Ithaca, N.Y., Code of Ordinances ch. 210 § 210-84
Retaliatory evictions or reprisals
Operative Text
A. No owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof shall threaten to or take reprisal against any tenant (who has not committed a breach of the lease or contract of rental) for reporting or complaining, in good faith, of the existence or belief of the existence of any violation of the provisions of this Housing Code or other applicable laws, statutes, ordinances or regulations or for, in good faith, availing himself/herself of any legal remedy shall have committed an offense. "Reprisal" shall be defined herein as: (1) The institution of eviction proceedings or other legal remedy relating to the tenant's right of possession: (2) The imposition of an unreasonable rent increase; or (3) The curtailment of services required to be given to the tenant by law or agreement. B. Receipt of a notice to quit the dwelling or a substantial rent increase without adequate cause within 90 days after the above-defined tenant has made a report or complaint or availed himself/herself of remedies against the owner provided by law shall create a rebuttable presumption that such notice to said tenant is a reprisal against the tenant for making such report or complaint or for having availed himself/herself of such remedies against the owner as provided by law. C. Notwithstanding Subsections A and B , the landlord may recover possession of the dwelling unit if: (1) The tenant is in arrears with respect to rent. (2) The tenant, the tenant's family or guest are committing waste or a nuisance or are using the dwelling unit for an illegal purpose or for other than living or dwelling purposes in violation of the tenant's rental agreement. (3) The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as his/her own abode. (4) The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of substantially altering, remodeling or demolishing the premises. (5) The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of immediately terminating, for at least six months, use of the dwelling unit as a dwelling unit. (6) The complaint or request of Subsection A relates only to a condition or conditions caused by lack of ordinary care by the tenant or another person in said household or on the property with the tenant's consent. (7) The dwelling unit and other property and facilities used by or affecting the use and enjoyment of the tenant were, on the date of filing of such complaint or request, in substantial compliance with all codes, statutes and ordinances. (8) The landlord has in good faith contracted to sell the property and the contract of sale contains a representation by the purchaser corresponding to Subsection C(2) , (3) or (4) above. (9) The landlord is seeking to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant previous to the complaint or request of Subsection A . D. The defense of retaliatory eviction or reprisal may be raised by the tenant in any eviction action, summary proceeding or other action or proceeding relating to the right of the tenant to remain in possession of the premises.
Section 210-84 of Ithaca's Code of Ordinances prohibits anyone who controls a rental property from retaliating against a tenant who, in good faith, reports a housing code violation or exercises a legal remedy. Retaliation is defined to include starting eviction proceedings, imposing an unreasonable rent increase, or cutting back legally required services. If a tenant receives a notice to quit or a substantial rent increase within 90 days of making such a complaint, the law presumes that action is retaliatory — though that presumption can be rebutted. The ordinance also lists specific circumstances, such as nonpayment of rent or genuine plans to demolish the unit, under which a landlord may still lawfully seek possession.
Plain English — not legal advice.
Under § 210-84, property owners and managers in Ithaca must be careful to ensure that any eviction notice, rent increase, or reduction in services issued after a tenant complaint cannot be construed as retaliatory. Compliant operators document the independent, legitimate business reasons for any such action — for example, a pre-existing notice to terminate a periodic tenancy or a bona fide plan to substantially remodel the unit — so that the rebuttable presumption created by the 90-day window can be overcome. Keeping thorough records of lease violations, rent arrears, and planned property changes is a standard practice that supports demonstrating good faith under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 210-84 protects Ithaca tenants who report housing code violations or use legal remedies from being evicted, hit with unreasonable rent increases, or having services cut off in retaliation. If you receive a notice to quit or a significant rent increase within 90 days of filing a complaint, the ordinance creates a rebuttable presumption in your favor that the action was retaliatory. Under § 210-84(D), this defense can be raised directly in any eviction proceeding or other action concerning your right to remain in the unit; tenant-rights organizations and legal aid offices can help you understand how this defense applies in a particular context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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