including two for water leaks, were found by that agency on September 6, 2012, and that several [*3]other violations, including two for roof leaks, were reported on December 5, 2012; a history of complaints made to HPD regarding the building from May 9, 2012 through May 9, 2013, also downloaded from HPD's website, showing that several complaints regarding the first floor apartment, including one about a roof leak, were made on September 5, 2012, November 29, 2012, and December 27, 2012; a copy of Mr. Huggins' order to show cause dated November 29, 2012, commencing an HP action against Mr. Barr; several other orders to show cause in the HP action, in which Mr. Huggins asked the court to impose civil penalties against Mr. Barr for failing to make repairs; and a default order issued in the HP action on January 24, 2013, in which the court imposed civil penalties against Mr. Barr.
A representative from NYCHA testified that NYCHA's records do not indicate when the new lease was submitted for approval but do show that it was eventually approved.
Finally, Mr. Huggins called Mr. Barr as a witness. He testified that he did not recall bringing Mr. Huggins two leases on April 20, 2012 but did recall that he had presented him with a lease that was to expire in 2013; that Mr. Huggins had told him that he would not sign a one-year lease; and that he (Mr. Barr) did not agree to give him a two-year lease. He further testified that after court on May 9th he told Mr. Huggins that this "whole thing started" because in August Mr. Huggins refused to pay the rent and told him (Mr. Barr) to take him (Mr. Huggins) to court.
Discussion
Whether a New Lease is in Effect