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2008 NY Slip Op 51634

Citation
2008 NY Slip Op 51634
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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Board of Review Member Alfreda Brewster, Commissioner - Board of Review Member William
Devlin, Counsel for RVCHA Dan Blumenthal, Esq., Executive Director John G. Duenges,
Tenant Era Boggen, Tenant's mother Marjorie Holmes, Counsel for Era Boggen Damien
Bernash, Esq.

Some relevant facts brought out at the April 3, 2008 meeting, included:

1.The unauthorized occupant Mr. Goodman stayed for only two weeks and vacated by
February 5, 2008, one day after the first notice of February 4, 2008. The foregoing was confirmed
by Mr. Duenges, Executive Director of Petitioner.

2.Mr. Goodman and the Respondent wrongfully obtained funds from the Department of
Social Services payable to both of them based upon Mr. Goodman's representations that he was
living at Respondent's apartment. Respondent kept half of the proceeds from the check.

3.Respondent claims that she was not aware of the four consecutive day clause in the lease,
which prohibits guests or visitors from staying at Respondent's apartment for more than four
consecutive days. Section VIII(a) entitled Terms and Conditions of [*3]the Apartment Lease agreement between Petitioner and
Respondent, dated April 1, 2000, states:

Use and Occupancy of Dwelling: Tenant shall have the right to exclusive use and
occupancy of the dwelling unit only for the Tenant and other household members listed in
Section I(b) of the Lease. This provision permits reasonable accommodation of Tenant's guest or
visitors for a period not exceeding four consecutive days or thirteen days in any calendar year.

4.At the end of the hearing, Petitioner's attorney, Mr. Blumenthal, explained the next
procedures that would be taken after the hearing:

"Mr. Blumenthal explained the next steps with the proceeding being a board decision and