receive the subsidy.
According to respondent, her Section 8 subsidy conversion process was delayed almost three
years, from May 2003 until April 2007, because petitioner failed to submit her HUD
Certification of Compliance Tenant Eligibility Forms to the New York City Housing Authority
(NYCHA) to facilitate the conversion of the Section 8 subsidy. Because petitioner failed to
submit these documents, respondent argues, NYCHA did not begin her conversion process until
April 2007. Respondent's apartment then failed a NYCHA Section 8 Housing Quality Standards
(HQS) inspection on February 26, 2008, because of alleged repair issues. Respondent contends
that her subsidy never became effective because petitioner did not complete the conversion [*2]process or make the necessary repairs. Accordingly, respondent
argues, petitioner is forbidden to charge her more than $188.00 a month and that she has paid all
the rent she owes — and then some.
Respondent has filed several counterclaims. First, respondent alleges that petitioner has
breached the warranty of habitability, which requires petitioner to maintain the premises in a
condition fit for human habitation, not subject to conditions that are dangerous, hazardous, or
detrimental to life, health, or safety. Respondent contends that several conditions in the premises
violate the warranty of habitability: (1) bathroom sink needs repairs; (2) peeling paint throughout
the apartment; (3) missing baseboard for the living-room heater; and (4) missing window guards.
Second, respondent seeks an order to enforce the housing standards set forth in the Multiple
Dwelling Law, the Building Code, the Health Code, and RPL § 235-b. Third, respondent
alleges that petitioner has overcharged her $27.00 a month for 52 months, totaling $1404.00.