The defendant tenant, having reasonably relied on the renewal lease, would suffer great detriment if the landlord were now permitted to assert a violation, particularly in light of the extraordinarily constricted housing market in New York City, especially for families with children. (See, Hutchins v Conciliation & Appeals Bd., 125 Misc 2d 809, 817-818.)
Since plaintiff is estopped from asserting that the defendant is responsible for a violation of law which, in turn, may have violated her lease, plaintiff cannot prove a necessary element for his claims seeking ejectment and injunctive and declaratory relief. Accordingly, defendant’s motion for summary judgment dismissing the complaint for failure to state a cause of action must be granted as to the first, second and third causes of action.
The fourth cause of action, seeking allegedly past due rent, is severed. Defendant, by affirmative defense, claims that she began to withhold rent in July 1984 because of the landlord’s failure to make repairs and maintain the building in a habitable and safe condition. This claim and affirmative defense each state a valid cause of action and amount to a triable factual dispute.
Summary judgment must also be granted dismissing the fifth cause of action, seeking additional use and occupation, since no basis has been demonstrated which would merit such relief.
Since neither party has sought relief respecting the counterclaims, they too are severed. The tenant’s claim for attorney’s fees pursuant to Real Property Law § 234 is denied as premature, without prejudice to renewal before the trial court.
. It cannot be determined from the papers submitted when, or from whom, plaintiff acquired the building.