That being said, Mr. Huggins' complaints to 311 and NYCHA regarding the conditions in his apartment would create a rebuttable{**41 Misc 3d at 613} 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
As noted above, Mr. Barr testified that he commenced this proceeding because Mr. Huggins refused to pay his rent in August and told him to take him to court. Given the court's finding that Mr. Huggins withheld his rent to enforce his rights under the warranty of habitability, the court also finds that Mr. Barr served his notice to quit in retaliation for Mr. Huggins having taken action that is protected under section 223-b.
E. Whether Mr. Huggins is Entitled to Entry of Judgment in His Favor
Having found that Mr. Barr served his notice to quit in retaliation for Mr. Huggins' exercise of protected activity, the court must enter judgment for Mr. Huggins if it also finds that Mr. Barr "would not otherwise have commenced" this case. (See Real Property Law § 223-b [4].)