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2020 NY Slip Op 50221

Citation
2020 NY Slip Op 50221
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,752 chars
), the tenant in possession of Apartment 4B at 1440 Crotona Park East, Bronx, New York
(hereinafter "the subject apartment"), based on the allegation that she had failed to pay past due
rent. The Petition is dated May 10, 2017, privaalleges there is a written rental agreement to pay
rent of $1386 per month and seeks rent arrears of $3309.61, comprised of rent for March and
April 2017 at the rate of $1386 per month, $518 for February 2017 and $19.62 for January 2017.
The Petition states that the rent was demanded by a five-day written notice, a copy of which is
attached, and that Respondents' tenancy is subject to the Rent Stabilization Law of 1969.

Respondent pro se filed an Answer to the Petition on May 30, 2017 raising a "general
denial"; a defense of payment; and, in the "other counterclaim(s)" section, the statement, "As per
previous stipulation the rent has been paid; I signed my lease February 2017 and I have yet to
receive the copy of the lease."

The initial court date was June 7, 2017, at which Respondent appeared by counsel. Petitioner
consented to Respondent serving an Amended Answer and Respondent consented to paying
ongoing use and occupancy of $518 per month, without prejudice.

Respondent's Amended Answer, dated June 23, 2017, contains a general denial; two
self-styled "jurisdictional defenses" alleging a defective predicate rent demand and Petition as
they seek "the full monthly rent" whereas Respondent is "entitled to a monthly rent subsidy"
which Petitioner either "illegally canceled" or failed to credit "and/or has illegally failed to
properly process and submit Respondent's Annual Income Certification;" a first affirmative
defense of entitlement under HUD [United States Department of Housing and Urban