Section 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.