With respect to Brown's first complaint under Real Property Law § 223-b (1) (a), Brown informed governmental authorities that he had a grave concern about water buildup on the roof of his apartment building. Brown testified that 285 State Street is a three-story building that was constructed in 1859. During times of heavy rains, the drain on the roof lacks sufficient capacity to clear the water unless the miscellaneous debris that would naturally accumulate and/or was swept into the drain during a storm was removed. In early August 2018, a severe summer thunderstorm that came with flood advisories hit Albany. Brown went to the rooftop and observed water accumulating in a hazardous fashion and immediately reported the danger to Albany city officials who in turn commanded MLR to clear the drain.
The August 2018 report to city officials is the type of activity which is protected under Real Property Law § 223-b (1) (a). However, the issue here is timing. MLR served the notice to quit in July 2018. Thus, the report about the roof came after the notice to quit. The report could not have been a motive for{**62 Misc 3d at 285} serving the notice to quit and therefore, the rooftop report provides no defense to extend the present holdover proceeding.
[*7]