§ 305-a. Abatement of rent in the case of serious violations. 1. The
provisions of this section shall apply to all cities of less than five
hundred thousand population and to all towns and villages.

2. a. A "rent impairing" violation within the meaning of this section
shall designate a condition in a multiple dwelling which, in the opinion
of the state building code council, constitutes, or if not promptly
corrected, will constitute, a fire hazard or a serious threat to the
life, health or safety of occupants thereof.

b. The determination as to which violations are "rent impairing" shall
be made in the following manner. Within six months after the enactment
of this section, the state building code council shall promulgate a list
of conditions constituting violations of the provisions of this chapter
and of any regulations promulgated pursuant to the provisions of
subdivision three of section three of this chapter. Such list shall
contain a brief description of the condition constituting the violation,
the section of this chapter or regulation violated, and the order number
assigned thereto. Such council may from time to time change the number
or description of violations on such list, as may seem appropriate to
such council. Such list shall be available at all times to the public.

c. At the time of the promulgation of the list of violations, the
state building code council shall also designate, by reference to the
order number, those violations which it proposes to classify as rent
impairing as above defined. Within thirty days thereafter, such council
shall hold a public hearing at which all persons interested may be heard
as to the propriety of the classification of such violations as rent
impairing. Within a reasonable time after the hearing, such council
shall make and publish a list of those violations which are classified
as rent impairing. Any person interested may, within four months
thereafter, seek a review by the supreme court of the propriety of the
classification of any of such violations as "Rent Impairing" by a
special proceeding pursuant to article seventy-eight of the civil
practice law and rules. No other body or officer shall have the power to
review said classification.

d. The state building code council may at any time change the number
or description of rent impairing violations but no such change shall be
made except in the manner above set forth after notice and public
hearing.

3. a. If (i) the official records of the department shall note that a
rent impairing violation exists in respect to a multiple dwelling and
that notice of such violation has been given by the department, by mail,
to the owner last registered with the department and (ii) such note of
the violation is not cancelled or removed of record within six months
after the date of such notice of such violation, then for the period
that such violation remains uncorrected after the expiration of said six
months, no rent shall be recovered by any owner for any premises in such
multiple dwelling used by a resident thereof for human habitation in
which the condition constituting such rent impairing violation exists,
provided, however, that if the violation is one that requires approval
of plans by the department for the corrective work and if plans for such
corrective work shall have been duly filed within three months from the
date of notice of such violation by the department to the owner last
registered with the department, the six-months period aforementioned
shall not begin to run until the date that plans for the corrective work
are approved by the department; if plans are not filed within said
three-months period or if so filed, they are disapproved and amendments
are not duly filed within thirty days after the date of notification of
the disapproval by the department to the person having filed the plans,
the six-months period shall be computed as if no plans whatever had been
filed under this proviso. If a condition constituting a rent impairing
violation exists in the part of a multiple dwelling used in common by
the residents or in the part under the control of the owner thereof, the
violation shall be deemed to exist in the respective premises of each
resident of the multiple dwelling.

b. The provisions of subparagraph a shall not apply if (i) the
condition referred to in the department's notice to the owner last
registered with the department did not in fact exist, notwithstanding
the notation thereof in the records of the department; (ii) the
condition which is the subject of the violation has in fact been
corrected, though the note thereof in the department has not been
removed or cancelled; (iii) the violation has been caused by the
resident from whom rent is sought to be collected or by members of his
family or by his guests or by another resident of the multiple dwelling
or the members of the family of such other resident or by his guests, or
(iv) the resident proceeded against for rent has refused entry to the
owner for the purpose of correcting the condition giving rise to the
violation.

c. To raise a defense under subparagraph a in any action to recover
rent or in any special proceeding for the recovery of possession because
of non-payment of rent, the resident must affirmatively plead and prove
the material facts under subparagraph a, and must also deposit with the
clerk of the court in which the action or proceeding is pending at the
time of filing of the resident's answer the amount of rent sought to be
recovered in the action or upon which the proceeding to recover
possession is based, to be held by the clerk of the court until final
disposition of the action or proceeding at which time the rent deposited
shall be paid to the owner, if the owner prevails, or be returned to the
resident if the resident prevails. Such deposit of rent shall vitiate
any right on the part of the owner to terminate the lease or rental
agreement of the resident because of nonpayment of rent.

d. If a resident voluntarily pays rent or an installment of rent when
he would be privileged to withhold the same under subparagraph a, he
shall not thereafter have any claim or cause of action to recover back
the rent or installment of rent so paid. A voluntary payment within the
meaning hereof shall mean payment other than one made pursuant to a
judgment in an action or special proceeding.

e. If upon the trial of any action to recover rent or any special
proceeding for the recovery of possession because of non-payment of rent
it shall appear that the resident has raised a defense under this
section in bad faith, or has caused the violation or has refused entry
to the owner for the purpose of correcting the condition giving rise to
the violation, the court, in its discretion, may impose upon the
resident the reasonable costs of the owner, including counsel fees, in
maintaining the action or proceeding not to exceed one hundred dollars.