Until recently, unless the conditions were such as to constructively evict the tenant, such that the tenant abandoned the{**17 Misc 3d at 890} property or were likely to become dangerous to the life, health or safety, the remedies afforded by RPAPL 755 (stay of proceedings, deposit of payment of rent into court, discretionary payment 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 summary 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 city courts with injunctive powers to ensure compliance with state and/or local housing codes pursuant to either Uniform City Court Act § 209 (b) (4) or § 203 (c), the latter (applicable to summary proceedings) requiring a finding that the utilization of such powers would be more effective to accomplish compliance with said codes or to protect and promote the public interest. These amendments allow courts the opportunity to fashion equitable remedies in summary proceedings based on the facts and circumstances of each case.