5. In an action or proceeding instituted against a tenant of premises
or a unit to which this section is applicable, a rebuttable presumption
that the landlord is acting in retaliation shall be 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 one year after:
a. A good faith complaint was made, by or in behalf of the tenant, to
the landlord, the landlord's agent or a governmental authority of the
landlord's violation of any health or safety law, regulation, code, or
ordinance, the warranty of habitability under section two hundred
thirty-five-b of this article, the duty to repair under sections
seventy-eight, seventy-nine, and eighty of the multiple dwelling law or
section one hundred seventy-four of the multiple residence law, 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; or
b. The tenant in good faith took action to secure or enforce against
the landlord or his agents any rights under the lease or rental
agreement, the warranty of habitability under section two hundred
thirty-five-b of this article, the duty to repair under sections
seventy-eight, seventy-nine, and eighty of the multiple dwelling law or
section one hundred seventy-four of the multiple residence law, or under
any other law of the state of New York, or of its governmental
subdivisions, or of the United States 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.