landlord, who did nothing, and ultimately called 311, which led to people coming to the
Building. There was an HP proceeding filed, and the court took judicial notice of the file in that
proceeding.
Oliva testified that he and his family moved into the Building in May 2004, and
described the Building as comprising two apartments on each floor. He first went to the
basement when he found that his bills from Con Edison only contained estimated readings for his
electrical usage. He found that someone he knew to be a friend of the landlord lived in one
apartment in the basement, and someone unknown to him lived in the other; Oliva saw both
apartments. He described one apartment as being to the left and the other as being to the right,
and said that he had only seen the outside of right apartment but had seen the interior of the left
apartment when checking the meter. He also knew that the landlord did not permit children to
live in the basement apartments.
Oliva testified that, during one week in January 2009, he received no hot water or
heat and had no electricity, and that those services were restored by the city after HPD came to
the Building. In February 2009, while an HP proceeding was pending, Oliva received the
Termination Notice. Oliva acknowledged that basement and first floor apartments had recently
been demolished and said that he saw the first floor front apartment only during the demolition,
when only the kitchen remained. He said that he had previously been in the first floor rear
apartment because friends lived there.
Oliva acknowledged that the only occupied apartments in the Building were the
Apartment and apartment 2R, but said that the first floor front apartment was occupied in May