occasions she had visited the management office to obtain an update on her rent adjustment
request and her lease renewal. Respondent testified that she would like to have her lease renewal
and her rent adjusted based upon the documents she submitted. She does not want to be in court.
Respondent stated that she has lived in the apartment for 23 years. She never had this lease
renewal problem.
Petitioner's housing assistant, Oletha Heath, stated that they were "short staffed." The parties
agreed to meet on August 7, 2019 to resolve the lease renewal and the rent adjustment.
During the hearing respondent stated that she recently received a notice of eviction. She did
not understand why the notice of eviction was given to her since she was in court. She was
making payments and trying to resolve the lease renewal issue. An examination of the notice of
eviction indicated that it was issued under the first case and dated July 26, 2019.
The Court had vacated the warrant of eviction on June 20, 2019, and, as such, there was no
legal basis to issue a notice of eviction. Petitioner's counsel was directed to contact the marshal's
office to inform the marshal that the warrant was vacated as of June 20, 2019.
The hearing resumed, and Ms. Julies testified that she personally notified the marshal and
asked to issue the notice of eviction. Upon further inquiry, Ms. Julies stated that an email was
sent to the marshal. Petitioner was directed to produce a copy of the email, but she did not do
so.
Discussion
I. Petitions Seeking Overlapping Rents
This Court finds that petitioner commenced the second non-payment case without a legal
basis. When the second case was filed, petitioner already had a judgment for the rents sought in
the second case.