and damaged rotted exterior siding among others. To date, none
have been repaired except the sanitary sewer problem which
again was cleaned out.
According to Housing Code of the City of Auburn § 182-70 an
owner is responsible to maintain his property in good repair.
Moreover, the warranty of habitability (see Real Property Law
§ 235-b) mandates an owner to covenant and warrant that any
property leased is fit for human habitation and that the oc-
cupants shall not be subject to any condition which would be
dangerous, hazardous or detrimental to the life, health or safety.
Until recently, unless the conditions were such as to construc-
tively evict the tenant, such that the tenant abandoned the
890 17 MISCELLANEOUS REPORTS, 3d SERIES
property or were likely to become dangerous to the life, health
or safety, the remedies afforded by RPAPL 755 (stay of proceed-
ings, deposit of payment of rent into court, discretionary pay-
ment to contractor making repairs) were unavailable and as
such the only remedy available to a tenant was a court order
abating the rent owed to an amount equal to the fair market
rental value of the property taking into consideration the nature
and extent of the breach of the warranty of habitability. (See
Park W. Mgt. Corp. v Mitchell, 47 NY2d 316 [1979].) City courts
lacked jurisdiction to order landlords to make repairs in a sum-
mary proceeding.
That all changed on January 1, 2006, when the legislature
amended sections 203 and 209 of the Uniform City Court Act
and granted city courts expanded equity powers in a variety of
actions, including summary proceedings. Upon review of
Uniform City Court Act § 203 (a) (8); (c) and § 209 (b) (4) as
amended, it is clear to the court that the legislature has provided