arrears in the amount of $5242.00, and legal fees in the amount of $750.00. BGJ filed a pro
se answer on December 4, 2006, alleging improper service of the petition, breach of
warranty of habitability, and general denial. The proceeding was originally returnable on
December 12, 2006, and was adjourned to January 16, 2007, for Respondents to seek counsel.
On or about December 26, 2006, Respondents appeared by counsel, and moved for dismissal
based on improper service, Petitioner submitted no opposition but Respondents' motion was
denied by the Court on January 19, 2007, and the proceeding restored to the calendar February
15, 2007.
Although there had already been 3 HPD inspections for the conditions alleged, on or about
February 6, 2007, Respondents moved for an order directing a fourth inspection of the Subject
Premises by HPD, and setting the matter down for an abatement hearing. That motion was
withdrawn per stipulation dated February 15, 2007, which provided for an inspection of the
Subject Premises, deemed Respondents' amended answer served, but withdrew the 3rd, 4th, 5th,
6th, 9th, 10th and 12th defenses asserted in the amended answer, and adjourned the proceeding
to March 28, 2007 for trial.
The inspection took place on March 1, 2007, and resulted in no reported violations being
issued for conditions related to moisture and mold.
On March 28, 2007, the proceeding was transferred to Part G for trial, and was settled [*2]pursuant to a stipulation (March 2007 Stipulation). The March
2007 Stipulation provided that conditioned upon Respondents' prompt payment of $9888.60 in
arrears, as well as timely payment of maintenance from April 2007 through the date of a final
determination in a related Supreme Court Action, Petitioner withdrew claims for late charges,