(i) the petitioner is not a proper party to the proceeding pursuant to
section seven hundred twenty-one of this article; or
(ii) (A) actual eviction, or (B) actual partial eviction, or (C)
constructive eviction; and respondent has quit the premises; or
(iii) a defense pursuant to section one hundred forty-three-b of the
social services law; or
(iv) a defense based upon the existence of hazardous or immediately
hazardous violations of the housing maintenance code in the subject
apartment or common areas; or
(v) a colorable defense of rent overcharge; or
(vi) a defense that the unit is in violation of the building's
certificate of occupancy or is otherwise illegal under the multiple
dwelling law or the New York city housing maintenance code; or
(vii) the court lacks personal jurisdiction over the respondent.
Two adjournments shall not include an adjournment requested by a
respondent unrepresented by counsel for the purpose of securing counsel
made on a return date of the proceeding. Such rent or use and occupancy
sums shall be deposited with the clerk of the court or paid to such
other person or entity, including the petitioner or an agent designated
by the division of housing and community renewal, as the court shall
direct or shall be expended for such emergency repairs as the court
shall approve.
(b) In establishing the monthly amount to be deposited, the court
shall not exceed the amount of the regulated rent for the unit under any
state, local or federal regulatory scheme, or the amount of the tenant's
rent share under a state, local or federal subsidy program, or the
amount of the tenant's share under an expired subsidy, unless the tenant
has entered into an enforceable new agreement to pay the full lease
rent.