OPINION OF THE COURT
Per Curiam.
Final judgment entered September 14, 1981 is modified to the extent of awarding landlord a money judgment in the sum of $39.79 and, as so modified, is affirmed, without costs.
Does the willful refusal of a landlord to make necessary repairs give rise to a right on the part of a tenant to have the repairs made and to set off the reasonable cost of those repairs against rent claimed? In Jackson v Rivera (65 Misc 2d 468), and Amanuensis, Ltd. v Brown (65 Misc 2d 15), the court (Sandler, J.) answered that question in the affirmative (see, also, Garcia v Freeland Realty, 63 Misc 2d 937), *17where the landlord had not made a good-faith effort to cure violations which affected the habitability of the premises and code enforcement remedies had not been effective and substantial violations existed as part of the landlord’s purposeful effort to force tenants to move. Thus quite aside from the warranty of habitability, after a tenant notifies the landlord that repairs are necessary and after the landlord fails in due course to make those repairs, the tenant may make the necessary repairs himself and charge the cost to the noncomplying landlord; the cost of repair represents the tenant’s measure of damage (2 Rasch, New York Landlord and Tenant [2d ed], § 594; Matter of McKownville Fire Dist. v Bryn Mawr Bookshop, 54 AD2d 371, 375-376).