Petitioner's Motion, Supporting Affirmation, Affidavit & Exs 1-4 1, 2, 3, 4-7 Respondent's Cross-Motion, Supporting Affirmation, Affidavit & Exs A-D 8, 9, 10, 11-14
This is a nonpayment eviction proceeding that was commenced by notice of petition and petition dated March 7, 2017 seeking rent arrears of $4839 at the monthly rate of $741 for October 2016 through March 2017 and a balance of $393 for September 2016. The petition alleges that the premises are exempt from Rent Control and Rent Stabilization as the building is owned by a limited profit housing company organized under Article 2 of the Private Housing Finance Law (PHFL) and supervised by the New York City Department of Housing Preservation and Development (HPD). The petition further states that "NYCHA [New York City Housing Authority] PAYS A PORTION OF THE RENT", that respondent "is a recipient of a NYCHA subsidy", that NYCHA objected to petitioner's "request for certification" and that NYCHA was named as a party pursuant to the "Williams Consent Decree". Prior to commencing the proceeding, petitioner sent NYCHA and respondent a "Certification of Basis for Eviction Proceeding Against Tenant Participating in the Section 8 Existing Housing Program" dated December 13, 2016, a copy of which is attached to the petition.
Respondent pro se answered the petition on March 13, 2017, raising a "general denial" and defenses of payment/partial payment and tender and refusal. The case settled at the first appearance on March 17, 2017 in a written agreement prepared by petitioner's counsel on the law firm's pre-printed settlement stipulation form. Respondent pro se consented to a money judgment for $4839 and a possessory judgment, with the warrant of eviction to issue forthwith but execution stayed through April 30, 2017 for respondent to pay the judgment plus rent for April 2017. The settlement agreement also set up access dates on which petitioner agreed to inspect and repair as required by law three specified conditions in the apartment.
Over the next two years respondent pro se filed fifteen orders to show cause (OSCs), briefly described as follows:
(1) Submitted and signed on 5/23/17, supported by respondent's affidavit stating that "rent was paid by HRA [NYC Human Resources Administration]" and HRA computer printouts showing rent payments made. Settled on the 6/8/17 return date in a "so-ordered" agreement prepared on petitioner's counsel's pre-printed form, requiring respondent to pay arrears of $2034 by 6/30/17 and petitioner to inspect and repair as required by law six conditions, including the same three that were listed in the 3/17/17 settlement agreement.
(2) Submitted on 8/10/17 and supported by respondent's affidavit stating that the rent had been paid and repairs were still needed. Rejected with the court's notations that no proof had been attached and payment and repairs were not conditional.
(3) Submitted and signed on 8/10/17, supported by respondent's affidavit stating that she had "proof they are getting the rent" and that repairs were still needed and copies of HRA checks and computer printouts. Settled on the 8/28/17 return date in a "so-ordered" agreement, prepared on petitioner's counsel's pre-printed form, requiring respondent to pay arrears of $5982 plus rent for September by 9/22/17 and petitioner to inspect and repair as required by law nine conditions, including the same three that were listed in the 3/17/17 settlement agreement.
(4) Submitted and signed on 10/3/17, supported by respondent's affidavit stating that petitioner "keep sending rent back" and "HRA said to see why they are not accepting the rent checks" and copies of HRA checks. After an adjournment by written stipulation "for petitioner to subpoena NYCHA Sec 8", the court granted the OSC on 12/11/17 to the extent of staying execution of the warrant of eviction through 1/12/18 for respondent to pay arrears of $9182 plus rent for January 2018. The court's Decision/Order noted that, "as per NYCHA § 8, Resp's current portion of rent is $800/mo".
(5) Submitted and signed on 1/29/18, supported by respondent's affidavit stating that "my case had gotten closed but I fixed it and my worker said it would be fix" and an HRA "Documentation Request Form" dated 1/12/18. The court granted the OSC on the 2/23/18 return date to the extent of staying execution of the warrant of eviction through 3/16/18 for respondent to pay $10,782 and scheduling access dates to repair seven conditions.
(6) Submitted and signed on 4/10/18, supported by respondent's affidavit stating that "rent checks [were] sent to court" and HRA documents including a "Check Receipt" dated 2/28/18 reflecting payment to petitioner of $7182. The court granted the OSC on 4/27/18 to the extent of staying execution of the warrant of eviction through 5/11/18 for respondent to pay $14,308 plus rent for May 2018 and scheduling new access dates for the same repairs listed in the court's 2/23/18 order plus one more item.
(7) Submitted and signed on 7/10/18, supported by respondent's affidavit stating, "HRA paid the rent. I just got my Section 8 back" and HRA computer printouts. Settled on the 8/3/18 adjourned return date in a "so-ordered" agreement, prepared on petitioner's counsel's pre-printed form, requiring respondent to pay arrears of $8480 by 8/17/18. Following eight printed provisions, a ninth hand-written provision states: "Above, pursuant to § 8 records, reflects T's portion @ $800 per month. 12/17 order for $9182 plus 1/18 through 8/18 @ $800 = $15,582.00 minus $8102 paid in that time = $8480." A tenth hand-written provision schedules an access date for petitioner to inspect and repair as required by law three items, all listed in the court's 2/23/18 Decision and Order.
(8) Submitted and signed on 9/26/18, supported by respondent's affidavit stating that HRA sent the checks to the wrong address and "needs to re-issue checks to the correct address" and HRA documents. The court granted the OSC on the 10/10/18 adjourned date to the extent of staying execution of the warrant of eviction to 10/31/18 for respondent to pay $10,080 and scheduling access dates for four repairs.
(9) Submitted and signed on 11/27/18, supported by copies of HRA checks and computer printouts and respondent's affidavit referencing those checks. After several adjournments, this OSC appears to have been denied on 3/12/19 in conjunction with the withdrawal of a motion filed by petitioner, described in greater detail below, that was originally returnable 1/15/19 and thereafter adjourned first to 2/19/19 and then to 3/12/19.
(10) Submitted on 3/18/19, supported by HRA documents and respondent's affidavit stating that "Section 8 came on 2/[??]/19 gave them 20 days to fix no one came HRA said I can get help but need amount owed to be signed by Judge". Rejected with the court's notations that $10,080 was due under the 10/10/18 order, rent for 11/18 through 3/19 was now also due, the case had been pending since March 2017 and respondent provided no explanation for the delay.
(11) Submitted on 3/19/19, supported by respondent's affidavit stating, "HRA did not send my paperwork on 11-30-18 so I had to go [apply] over now I have the proper paperwork" and HRA documents. Rejected with notations similar to those on the 10th OSC.
(12) Submitted on 3/20/19, supported by respondent's affidavit requesting more time to pay and stating, "HRA needs more time to issue checks" and "I am also doing a Section 8 restoration". Rejected for the same reasons as was the 11th OSC.
(13) Submitted on 3/21/19, supported by respondent's affidavit asking for more time and documents from HRA, BronxWorks/HomeBase and NYCHA, including a NYCHA receipt dated 3/20/19 for a "Restoration Request" and a NYCHA letter to respondent dated 2/15/19. This OSC was rejected with court notations referencing the reasons stated for the rejection of the 10th, 11th and 12th OSCs.
(14) Submitted on 3/25/19, supported by respondent's affidavit stating that she was "working with BronxWorks" and a letter from that agency asking the court to stay respondent's eviction scheduled for 3/26/19. This OSC was rejected with the notation, "Renew w/an approval of all funds".
(15) Submitted and signed on 3/27/19; while the papers are missing from the court file notations in the court's case management system indicate it was denied on the 4/10/19 return date due to respondent's nonappearance.
Apparently at some point in April 2019 1 respondent secured counsel; without another OSC being submitted, signed and calendared or any other court appearance, two Stipulations of Settlement reflecting both sides to be represented by counsel were filed with the court which provided the following:
• The first, dated 4/15/19 and stamped "filed" by the court on 4/16/19, stayed execution of the warrant of eviction through 5/10/19 for respondent to pay $3485 — calculated with reference, inter alia , to respondent's $800 share of the monthly rent - and
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