Petitioner called Leandro Lopez, the superintendent of the subject building to testify. Mr. Lopez testified that he has been{**71 Misc 3d at 705} the superintendent of the subject building for two years and is familiar with the respondent. He stated that he has not seen the respondent in the subject building for several months and that he does not know who the occupants of the subject premises are. He states that different unknown individuals have been seen entering and exiting the subject premises. Mr. Lopez testified that for the past few months and ongoing, occupants of the subject [*3]premises have been observed stealing packages from the tenants of the building. Mr. Lopez stated that he gained access to address the most recent leak and discovered the source to be an open kitchen faucet pouring water into a sink full of refuse. Mr. Lopez states the occupants of the subject premises have since 2020 and ongoing left refuse in the public areas.
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (L 2020, ch 381, § 3) part A, § 8 (b) states:
"In any eviction proceeding in which a warrant has been issued, including eviction proceedings filed on or before March 7, 2020, any warrant issued shall not be effective as against the occupants, unless, in addition to the requirements under section 749 of the [RPAPL] for warrants, such warrant states: . . .
"(ii) The tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior."