§ 755. Stay of proceeding or action for rent upon failure to make
repairs. 1. (a) Upon proper proof that a notice or order to remove or
cease a nuisance or a violation or to make necessary and proper repairs
has been made by the municipal department charged with the enforcement
of the multiple dwelling law, the multiple residence law, or any other
applicable local housing code, or officer or officers thereof charged
with the supervision of such matters, if the condition against which
such notice or order is directed is, in the opinion of the court, such
as to constructively evict the tenant from a portion of the premises
occupied by him, or is, or is likely to become, dangerous to life,
health, or safety, the court before which the case is pending may stay
proceedings to dispossess the tenant for non-payment of rent or any
action for rent or rental value. In any such proceeding, on the question
of fact, as to the condition of the dwelling the landlord or petitioner
shall have the burden of disproving the condition of the dwelling as
such condition is described in the notice or order.