6 and 8 not admitted); 3B: Reply to Answer; 4: Invoice, Marx Exterminating; 5: Incident
Reports, 08/16/2023, Dobbs Ferry Police Department and Fire Department (2 pages); 6:
Text messages re squirrels, 2/17/2023 (1 p.); 7: Emails 9/19/2023 (1 p.); 8: Photographs
of ceiling damage (2 pp.).
Respondents' Exhibits: A: Renewal Lease Form, 10/03/2023: B: State of New York,
Division of Housing and Community Renewal, Apartment Information, Apt. 2N, 2 Main
Street, Dobbs Ferry, NY 10522, 9/06/2023, page 6 of 7; C: Fact Sheet #26: Guide to
Rent Increases (07/2023); D: 6 photographs: E: 1 photograph: F-1: 1 photograph; F-2:
video of apartment as of Nov. 2022; G: video of squirrel in wall; H: 4 photographs.
[Exhibit G 1 p. (text messages; not admitted).]
FINDINGS OF FACT AND CONCLUSIONS OF
LAW
Tong testified that
under the lease, from November 2022, Respondents had paid rent of $2,175 per month
until August, 2023, but had not paid rent for September and October. Respondents
surrendered the premises and moved out before the end of October, 2023. He [*2]testified they owe a late fee of $100, are responsible for a
"deductible" of $40 because he called an exterminator after Respondents reported that
there was a squirrel in the walls, and $2,200 for damage they caused that he had to repair
after Respondents vacated the apartment.
Tong testified that on August 16, 2023, as a result of a leaking air conditioner owned
by the tenants of the third floor apartment 3N, the ceiling over the bedroom of the subject
apartment 2N collapsed. Tong had notice of the ceiling damage at the time it occurred
but did not repair the collapsed ceiling until after Respondents vacated the apartment.
According to Tong, he did not have to repair the ceiling because the damage was caused