(d) Occupancy of the housing accommodation by the tenant is in
violation of or causes a violation of law and the landlord is subject to
civil or criminal penalties therefor; provided however that an agency of
the state or municipality having jurisdiction has issued an order
requiring the tenant to vacate the housing accommodation. No tenant
shall be removed from possession of a housing accommodation on such
ground unless the court finds that the cure of the violation of law
requires the removal of the tenant and that the landlord did not through
neglect or deliberate action or failure to act create the condition
necessitating the vacate order. In instances where the landlord does not
undertake to cure conditions of the housing accommodation causing such
violation of the law, the tenant shall have the right to pay or secure
payment in a manner satisfactory to the court, to cure such violation
provided that any tenant expenditures shall be applied against rent to
which the landlord is entitled. In instances where removal of a tenant
is absolutely essential to such tenant's health and safety, the removal
of the tenant shall be without prejudice to any leasehold interest or
other right of occupancy the tenant may have and the tenant shall be
entitled to resume possession at such time as the dangerous conditions
have been removed. Nothing herein shall abrogate or otherwise limit the
right of a tenant to bring an action for monetary damages against the
landlord or to otherwise compel compliance by the landlord with all
applicable state or municipal housing codes;