created if the tenant establishes that the landlord served a notice to quit, or instituted an action or
proceeding to recover possession, or attempted to substantially alter the terms of the tenancy,
within six months after:
(a) A good faith complaint was made, by or in behalf of the tenant, to a governmental
authority of the landlord's violation of any health or safety law, regulation, code or ordinance, or
any law or regulation which has as its objective the regulation of premises used for dwelling
purposes or which pertains to the offense of rent gouging in the third, second or first degree.
(Real Property Law §223-b).
The Termination Notice is dated January 27, 2009, with the first attempt to serve it
made on that date, and the second attempt, as well as its mailing, occurring on January 28, 2009.
On January 5, 2009, HPD conducted an inspection at the Building resulting in numerous
violations being issued in the Apartment. On January 8, 2009, Cedillo, respondent's wife and an
occupant of the Apartment, filed an order to show cause and petition to commence an HP action.
On that same date, the Department of Buildings placed a violation because of the creation of a
class "A" apartment in the basement of the Building. The HP action commenced by Cedillo
resulted in the execution, on February 23, 2009 of a consent order requiring the correction of
class B and C violations.
Less than one month after respondent's wife, also residing in the Apartment,
commenced an HP action that ultimately resulted in a consent order for the correction of
violations, petitioner elected to serve the Termination Notice. The complaint upon which the HP