§ 305-a. Abatement of rent in the case of serious violations. 1. The\nprovisions of this section shall apply to all cities of less than five\nhundred thousand population and to all towns and villages.\n 2. a. A "rent impairing" violation within the meaning of this section\nshall designate a condition in a multiple dwelling which, in the opinion\nof the state building code council, constitutes, or if not promptly\ncorrected, will constitute, a fire hazard or a serious threat to the\nlife, health or safety of occupants thereof.\n b. The determination as to which violations are "rent impairing" shall\nbe made in the following manner. Within six months after the enactment\nof this section, the state building code council shall promulgate a list\nof conditions constituting violations of the provisions of this chapter\nand of any regulations promulgated pursuant to the provisions of\nsubdivision three of section three of this chapter. Such list shall\ncontain a brief description of the condition constituting the violation,\nthe section of this chapter or regulation violated, and the order number\nassigned thereto. Such council may from time to time change the number\nor description of violations on such list, as may seem appropriate to\nsuch council. Such list shall be available at all times to the public.\n c. At the time of the promulgation of the list of violations, the\nstate building code council shall also designate, by reference to the\norder number, those violations which it proposes to classify as rent\nimpairing as above defined. Within thirty days thereafter, such council\nshall hold a public hearing at which all persons interested may be heard\nas to the propriety of the classification of such violations as rent\nimpairing. Within a reasonable time after the hearing, such council\nshall make and publish a list of those violations which are classified\nas rent impairing. Any person interested may, within four months\nthereafter, seek a review by the supreme court of the propriety of the\nclassification of any of such violations as "Rent Impairing" by a\nspecial proceeding pursuant to article seventy-eight of the civil\npractice law and rules. No other body or officer shall have the power to\nreview said classification.\n d. The state building code council may at any time change the number\nor description of rent impairing violations but no such change shall be\nmade except in the manner above set forth after notice and public\nhearing.\n 3. a. If (i) the official records of the department shall note that a\nrent impairing violation exists in respect to a multiple dwelling and\nthat notice of such violation has been given by the department, by mail,\nto the owner last registered with the department and (ii) such note of\nthe violation is not cancelled or removed of record within six months\nafter the date of such notice of such violation, then for the period\nthat such violation remains uncorrected after the expiration of said six\nmonths, no rent shall be recovered by any owner for any premises in such\nmultiple dwelling used by a resident thereof for human habitation in\nwhich the condition constituting such rent impairing violation exists,\nprovided, however, that if the violation is one that requires approval\nof plans by the department for the corrective work and if plans for such\ncorrective work shall have been duly filed within three months from the\ndate of notice of such violation by the department to the owner last\nregistered with the department, the six-months period aforementioned\nshall not begin to run until the date that plans for the corrective work\nare approved by the department; if plans are not filed within said\nthree-months period or if so filed, they are disapproved and amendments\nare not duly filed within thirty days after the date of notification of\nthe disapproval by the department to the person having filed the plans,\nthe six-months period shall be computed as if no plans whatever had
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