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2020 NY Slip Op 50221

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

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wood floor in the "1st room from east"; and (3) defective entrance door lock. A certified copy of
a "Closed Violation Report" printed on May 29, 2019 indicates that the three violations were
dismissed and marked "DEEMED COMPLIED".

Ms. Lora testified that Respondent returned the relocation apartment keys to the management
office on March 1, 2017 and never moved in. Respondent retained an attorney who sent Ms.
Roman an undated letter in an envelope postmarked March 17, 2017 asking that her office be
informed "as to any future actions that your office may take" against Respondent. The letter
states that the attorney was retained "in regard to various issues involving her tenancy" but does
not mention anything about relocation. The relocation apartment was rented to another family at
the end of April 2017.

Petitioner's Tenant Selection Plan for the complex, which was approved by HUD, was
admitted into evidence. Ms. Lora described it as a document that sets forth certain requirements
for the complex, including "occupancy standards" for apartments based on the number of
bedrooms. For a 2-bedroom apartment, the minimum number of occupants is two and the
maximum number is four. For a 3-bedroom apartment, the minimum number of occupants is
three and the maximum number is six. Ms. Lora testified that there were approximately thirty
households waiting for a 3-bedroom apartment like Respondent's on March 1, 2017, and
approximately that same number or more now.

Ms. Lora testified that when Respondent failed to move her HUD subsidy was terminated on
February 28, 2017 and her rent went up to market rate on March 1, 2017. Based on annual HUD
Rent Schedules effective October 1, 3-bedroom apartment market rents were $1415 as of March