No repairs have been completed at her apartment except for installation of smoke and carbon
monoxide detectors.
Respondent avers that she received the November 2018 Termination Notice terminating her
tenancy effective December 31, 2018. The Respondent attacks the November 2018 Termination
Notice on the grounds set forth in the affirmative defenses, numbered 9-12, outlined herein.
Respondent states that she paid rent for August 2018, September 2018, October 2018,
November 2018, December 2018, and January 2019. She believed that her tenancy was going to
continue.
Respondent attacks the Petition because the July 30 and November 7 Termination Notices
were merely attached to the Petition, but not incorporated into the allegations of the Petition.
Furthermore, Respondent states no facts are alleged, nor any reference made to any ETPA
Sections. Respondent also avers that the time delay in starting this summary proceeding and the
acceptance of rent created the impression that her tenancy was going to be continued. Respondent
states Petitioner is required to provide her a renewal lease pursuant to ETPR Section 2503.5(c).
Also, she contends that summary proceedings cannot be maintained until after Petitioner extends
the lease and the extension expires (ETPR 2705[e]).
Respondent attacks service of the Notice of Petition and Petition, claiming that service failed
to comply with RPAPL Section 735. It is claimed that attempted service on Saturday, January 19,
2019 at 10:07 a.m., Tuesday, January 22, 2019 at 7:49 a.m., and Thursday, January 24, 2019 at
6:51 p.m. is insufficient.
Respondent claims breach of warranty because Petitioner failed to make the following
repairs:
"68. With regard to the repairs needed in the Premises, Petitioner breached the