. Although the letter is dated May 4, 2012, it states that it is regarding a balance of rent due “as of November 2010 ($3,783).” It also states that “you haven’t been consistence [sic] in mating your rent payments since November *6092010 thus [sic] February 2011” and that he owes his portion of rent from “November - January” at $652 per month and from “February - April” at $609 per month. At trial, Mr. Huggins testified that he had paid his rent in full.
. Although the petition identifies Mr. Huggins’ apartment as being the second floor of the subject building, and the first lease for the apartment identifies it as apartment 2, in his Housing Part (HP) action Mr. Huggins identified his apartment as apartment 1 and on his inspection request, stated that it was located on the first floor.
. A tenant may enforce his rights under the warranty of habitability by seeking damages in a plenary action or by asserting breach of the warranty of habitability as a defense and/or counterclaim in a summary nonpayment proceeding. (See Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329 [1979].) Thus, a tenant may enforce his rights under section 235-b by withholding rent and inducing a landlord to commence a nonpayment proceeding.