Four Quarters Inc. v. Davis, 0209-21

CourtNew York City Court
Writing for the CourtLyndon D. Williams, J.
Citation73 Misc.3d 1208 (A),154 N.Y.S.3d 217 (Table)
Parties FOUR QUARTERS INC., Petitioner-Landlord, v. Sharon DAVIS, Respondent-Tenant.
Decision Date15 October 2021
Docket Number0209-21

73 Misc.3d 1208 (A)
154 N.Y.S.3d 217 (Table)

FOUR QUARTERS INC., Petitioner-Landlord,
Sharon DAVIS, Respondent-Tenant.


City Court, New York, Mount Vernon.

Decided on October 15, 2021

David I Rifas, Esq., Attorney for Petitioner, 271 North Avenue, Suite 117, New Rochelle, New York 10801, Sharon Davis, Mount Vernon, N.Y. 10550-3309

Lyndon D. Williams, J.

Petitioner (Four Quarters Inc.) commenced this nonpayment proceeding on March 26, 2021 seeking to recover rental arrears in the amount of $6,505.00 for periods from January 2020 through January 2021 and the issuance of a warrant of eviction and judgment of possession against Respondent (Sharon Davis), along with $180.00 for attorney fees. The Petition alleges, inter alia , that the premises are not subject to rent control or the Emergency Tenant Protection Act of 1974 (ETPA) because the building in which the Premises are located was constructed after December 31, 1973.

The case first appeared on the court's calendar on April 20, 2021. The Respondent did not appear and the matter was adjourned to May 19, 2021. On that date, the matter was again adjourned to May 26, 2021. On May 26, 2021 both parties appeared. Respondent disputed the alleged rents in arrears, asserting that she paid her share of the Section 8 rents and would provide proof of payment. The court referred Respondent to Legal Services of the Hudson Valley (LSHV) to obtain legal representation and informed her to complete the Covid-19 Declaration Form if she suffered a Covid financial hardship. The case was adjourned to June 16, 2021. On June 16, 2021, both sides appeared, and the Respondent stated that she sent rent receipts as proof of rent payments to Petitioner's attorney office. Respondent raised a breach of warranty of habitability defense complaining of poor conditions in the apartment including non-working stove and no heat or hot water for three months. She sought a rent abatement for Petitioner's alleged failure to provide services and habitable conditions. The case was adjourned to July 20, 2021 and on that date further adjourned to August 25, 2021, then to September 16, 2021. Tenant was referred again to LSHV for legal representation. On September 16, 2021, the Respondent failed to appear. Petitioner made a motion for default judgment dated September 17, 2021 and the matter was set down for an inquest and default hearing to be held October 12, 2021.

On October 12, 2021, the Respondent did not appear. Stan Palmiotto, the Presidents of Four Quarters Inc., appeared with Petitioner's counsel and testified that the monthly rent was $1,400.00 and Respondent owed $3.906.00 of rents in arrears for 2.7 months for part of August 2021, September 2021, and October 2021. Palmiotto further testified that Davis was a cooperative tenant, and that portion of her rent was paid by Section 8. He explained that prior to September 2019, Section 8 paid $949 per month and Davis’ paid $451.00. After September 2019, Section 8 paid $500.00 and Davis paid $900.00. Palmiotto could not clearly explain how the rents were credited to Davis’ account, stating that she made partial payments of varying amounts at various times. He testified receiving two money orders last week from Davis for $51.00 and $301.00. Petitioner's counsel objected to the court considering Respondent's warranty of habitability claim in determining...

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