Liriano asserted that the basement apartment was in bad condition, and that there
waw a bad odor in the apartment, which included a kitchen, living room, bathroom and an
additional small room, and said that hers was one of two similar apartments in the basement. She
stated that she moved from the first floor to the basement apartment because the rent was lower
and she could not afford the rent for the first floor apartment. She learned of its availability from
a friend who had lived there, and confirmed that it was one of eight apartments in the Building.
During cross-examination, Liriano reasserted that all the receipts she had stated were
for Apartment 1F were for that apartment's rent, and that all receipts that she had stated were for
the basement apartment were for the basement apartment. Liriano also stated that she moved out
of the Building in November 2008. When asked about a March 2008 telephone bill listing her
address as the first floor apartment, Liriano stated that she maintained the same telephone in both
apartments. Liriano further clarified that when she found the first floor apartment unaffordable
she fell behind in her rent payments, and that the receipts she presented represent moneys she
had available when her landlord appeared seeking rent.
Medina testified briefly, later in the trial. He stated that he had occupied the first
floor front apartment in July 2007 and moved out in February 2008, and testified as to the layout
of the apartment. Medina was unaware of the basement apartments, but saw people coming and
going. Medina acknowledged that he did not have a lease or receipts for rent payments for the
apartment. He stated that he came to court at the request of occupants of the Building and
testified voluntarily.