This proceeding first appeared in the Intake Part on September 6, 2022. The proceeding was then calendared in Part K on December 14, 2022. The proceeding was adjourned to February 9, 2023. The respondent moved to dismiss the proceeding on the grounds the petitioner [*2]failed to state a cause of action by using a stale predicate notice, and failed to comply with the Williams Consent Decree, or in the alternative, for leave to file an answer. The motion to dismiss was denied and leave to file an answer was granted. The proceeding was subsequently sent to Part X for trial. The respondent interposed an answer[FN1] asserting a general denial, retaliatory eviction, and warranty of habitability.
The Trial
The trial commenced on January 24, 2024. At trial, the petitioner called SK M Faizur Rahman (Rahman). Rahman testified he is the owner of the subject premises and submitted into evidence a certified deed (petitioner's exhibit 1). Rahman testified there are three units in the subject building, which is properly registered as a multiple dwelling, and submitted a certified multiple dwelling registration (petitioner's exhibit 2). Rahman testified there was no agreement in effect for the respondent to occupy the subject premises and that the respondent was served with a termination notice (petitioner's exhibit 3). Rahman testified no rent has been tendered for the use of the subject premises since the petitioner purchased the building. Rahman testified that he previously commenced a holdover proceeding against the respondent under L&T No. 306171-21/BX. The proceeding was discontinued upon respondent's allegation that petitioner failed to comply with the Williams Consent Decree.[FN2]