c. Judgment under subdivision three or four of this section was
entered for the tenant in a previous action between the parties; or an
inspection was made, an order was entered, or other action was taken as
a result of a complaint or act described in paragraph a or b of this
subdivision.
The effect of the presumption shall be to require the landlord to
establish a non-retaliatory motive for his acts by a preponderance of
the evidence.
5-a. Any lease provision which seeks to assess a fee, penalty or
dollar charge, in addition to the stated rent, against a tenant because
such tenant files a bona fide complaint with the landlord, the
landlord's agent or a building code officer regarding the condition of
such tenant's leased premises shall be null and void as being against
public policy. A landlord or agent of the landlord who seeks to enforce
such a fee, penalty or charge shall be liable to the tenant for triple
the amount of such fee, penalty or charge.
6. This section shall apply to all rental residential premises except
owner-occupied dwellings with less than four units. However, its
provisions shall not be given effect in any case in which it is
established that the condition from which the complaint or action arose
was caused by the tenant, a member of the tenant's household, or a guest
of the tenant. Nor shall it apply in a case where a tenancy was
terminated pursuant to the terms of a lease as a result of a bona fide
transfer of ownership.