C. Whether the Statutory Presumption of Retaliation Applies
According to Mr. Barr, he commenced this proceeding because in August 2012 Mr. Huggins refused to pay his rent and told him to take him to court. In light of Mr. Huggins’ testimony that he had leaks in his apartment, testimony which was supported by HPD’s printout of violations, his withholding of rent in August, coupled with his telling Mr. Barr to take him to court, constitutes an action taken in good faith to enforce his rights under section 235-b of the Real Property Law, the statutory warranty of habitability,3 ****8 and therefore is action protected under section 223-b. (See Real Property Law § 223-b [1] [b].) However, because withholding rent is not equivalent to commencing an action or proceeding to enforce rights under section 235-b, it is insufficient to create a rebuttable presumption of retaliation. (See § 223-b [5] [b].)
That being said, Mr. Huggins’ complaints to 311 and NYCHA regarding the conditions in his apartment would create a rebut-*613table presumption of retaliation if Mr. Barr served his notice to quit within six months after those complaints were made. (See § 223-b [5] [a].) However, because Mr. Huggins did not make those complaints until the beginning of September 2012, and Mr. Barr served his notice to quit on August 30, 2012, several days before the complaints were made, the statutory presumption of retaliation does not apply.
D. Whether Mr. Barr Served a Notice to Quit in Retaliation for Protected Action Taken by Mr. Huggins