Similarly, with respect to the counterclaim for retaliatory eviction pursuant to Real Property Law § 223-b, we note that the various actions commenced by plaintiff each had a sound legal foundation. For example, in 1982, plaintiff commenced a holdover proceeding alleging violation of a lease provision prohibiting roommates. We note that this action preceded the enactment of the Omnibus Housing Act (L 1983, ch 403, § 39 [efif June 30, 1983 (L 1983, ch 403, § 64)]) construing any rental agreement to permit occupancy by “one additional occupant” (Real Property Law § 235-f [3]), and it cannot be said that the proceeding was so completely devoid of merit as to be undeniably attributable to retaliatory motive.