NY Mult Res L § 305-A (2021)
2021 New York Laws MRE - Multiple Residence Article 8 - Requirements and Remedies 305-A - Abatement of Rent in the Case of Serious Violations.

§  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.