then the preparation of a lease stipulation being filed with the district court to reflect the terms of
the lease stipulation."
Petitioner cross moved for an order denying Respondent's motion to dismiss and granting
summary judgment in favor of Petitioner.
Petitioner contends that Respondent requested Andrew Goodman be allowed to stay in her
apartment for about two weeks; this request was made on or about January 29, 2008. Petitioner
rejected this request by its letter dated February 4, 2008, described above.
Petitioner states in Mr. Blumenthal's affirmation of May 28, 2008, that:
Upon investigation, it was determined that Mr. Goodman was not a guest, but rather a
sub-tenant with rents paid by the Department of Social Services ("DSS"), a direct violation of the
Lease and, upon information and belief, a fraud on the State by Ms. Boggen.
After service of the termination notices, Respondent requested and received an informal
grievance hearing. Petitioner states that Respondent was granted a full and fair opportunity with
counsel to rebut the information which led to the termination.
Petitioner points out that Respondent admitted at the April 3, 2008 informal hearing that she
"accepted and cashed a Department of Social Services check payable jointly to the alleged
sub-tenant and Ms. Boggen." Therefore, Petitioner argues that no grievance hearing is required
under HUD rules, because Respondent engaged in criminal activity by defrauding the
Department of Social Services and depriving the Petitioner from having the opportunity to
conduct a background check with respect to Mr. Goodman.
NOTICE PROVISIONS OF
LEASE
The lease agreement dated April 1, 2000, has several key provisions
concerning termination of the lease. Paragraph IX entitled Authority Obligations states: