Review of the testimony of both parties to the action and respondents' witness, together with the photo evidence provided, clearly indicates the habitability concerns. The "soft" part of the kitchen floor in a traffic area is a code violation and created a safety issue. Likewise, roach infestation is a well-documented health concern and code violation. Respondents took no corrective measures to cure these code violations and habitability issues until petitioners filed [*4]the instant action. It is therefore the finding of this court that respondents breached the warranty of habitability as set forth in Real Property Law § 235-b, and filed a holdover petition in retaliation as defined in Real Property Law § 223-b.
Upon consideration of the evidence and testimony presented, it is the judgment of this court pursuant to RPAPL 797-j that it is hereby ordered that holdover action LT-1060-25 is dismissed; and it is further ordered that any rental arrears owed by petitioners are abated to $0; and it is further ordered that respondent HamDan Homes Co. LLC is to issue a refund of $3,500.00 to petitioners for rent paid for the reduced value of the rental property and damages to petitioners' furnishings and belongings.