While Jackson v Rivera (supra), Amanuensis, Ltd. v Brown (supra), and Garcia v Freeland Realty (supra), all preceded the enactment of section 235-b of the Real Property Law (warranty of habitability), we believe that the warranty of habitability itself gives rise to a right of the tenant to have habitability impairing conditions repaired and to set off the reasonable cost of those repairs against rent claimed, when the landlord has willfully refused to make those repairs (cf. Villa Victoria Realty v Glass, NYLJ, July 1, 1981, p 10, col 6). After tenant affords landlord due notice of a condition falling within the scope of the warranty of habitability, and upon landlord's failure to remedy same, the tenant may undertake to remedy that condition and is entitled under the warranty to recoup from the landlord the reasonable cost incurred in remedying the habitability impairing condition. The Governor's memorandum accompanying the signing of section 235-b of the Real Property Law indicates that section 235-b contemplates such a result. More specifically, the Governor there observed: “Tenants have utilized the doctrine [of the warranty of habitability] affirmatively as well as defensively; as a counterclaim, set-off, and defense in nonpayment of rent proceedings. The remedies have been complete or partial abatement of rent and reimbursement for repairs made by the tenants themselves. It will be the Star page 18*18 courts' function to fashion remedies appropriate to the facts of each case.” (NY Legis Ann, 1975, p 438; emphasis added.) The court below properly afforded tenant a setoff, against rent claimed, of the cost of making necessary repairs.