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LLC v. Cordero

District Court of Nassau County, First District

January 17, 2017

102 West Hudson, LLC, Petitioner(s)
v.
Charlene Cordero, MITCHELL BLISS-FILA, "JOHN & JANE DOE", Respondent(s)

          Jaime D. Ezratty, Esq., Ezratty, Ezratty & Levine, attorneys for Petitioner, 80 East Old Country Road, Mineola, New York 11501, 516-747-5566, Judy Slater Hirshon, Of Counsel

          Jeffrey A. Seigel, Esq., Nassau/Suffolk Law Services, Committee Inc., attorneys for Respondents, One Helen Keller Way, 5th Floor, Hempstead, New York 11550, 516-292-8100.

          Scott Fairgrieve, J.

         The following named papers numbered 1 to 3 submitted on this Motion Vacate on December 7, 2016

         papers/numbered

         Notice of Motion and Supporting Documents

         Order to Show Cause and Supporting Documents 1

         Opposition to Motion 2

         Reply Papers to Motion 3

         Respondent Charlene Cordero moves by Order to Show Cause to vacate the stipulation entered into between the parties on April 12, 2016, and to dismiss the judgment and warrant issued against Respondents. A 72 hour Notice dated October 18, 2016, has been served on Respondents.

         A summary non payment proceeding was commenced against Respondents by service of the Notice of Petition and Petition, both dated March 29, 2016, concerning the premises located at 102 West Hudson Street, Apt. 3A, Long Beach, New York. The Petition contains the following allegations.

(a) Respondents were required to pay rent of $1, 700 per month.
(b) There was due Petitioner total rent arrears of $6, 005.56 computed as set forth in paragraph No.6, as follows:
"Pursuant to said agreement there was due to the landlord from Respondents-Tenants as follows: $1, 700.00 March 2016 Rent; $1, 700.00 February 2016 Rent; $785.00 January 2016 Rent balance; $50.00 March 2016 Rent late fee; $50.00 February 2016 Rent late fee; $50.00 January 2016 Rent late fee; $1, 442.01 Flood damage and $228.55 Electric. Respondents-Tenants has defaulted in the payments thereof, and the total rent in arrears of $6, 005.56."
(c) Oral and written demands were made upon Respondents for the rent arrears. The written demand dated March 9, 2016 (attached to the Petition) states the following is owed:
"TAKE NOTICE that you are justly indebted to 102 West Hudson Street, LLC, Landlord of the above-described Premises, in the sum of $5, 888.87 for rent/added rent of said Premises as follows: $1, 700.00 March 2016 Rent; $1, 700.00 February 2016 Rent; $785.00 January 2016 Rent balance; $50.00 March 2016 Rent late fee; $50.00 February 2016 Rent late fee; $50.00 January 2016 Rent late fee; $1, 442.01 Flood damage and $111.86 Electric."

         This matter was settled by the Stipulation of Settlement, dated April 12, 2016. Respondent was not represented by an attorney upon agreeing to and signing the Stipulation. The Stipulation provided that Respondent Charlene Cordero owed $7, 872.25 of rent and additional rent through April of 2016. The Stipulation provides that Petitioner to cooperate with DSS and Section 8 regarding payments.

         Respondent Charlene Cordero submits her Affidavit, sworn to October 24, 2016 with the Order to Show Cause. Respondent states that she resides at Apt. 3A with her son Mitchell Bliss-Fila. She participates in the Section 8 Housing Choice Voucher Program through the Long Beach Housing Authority.

         Respondent took possession of Apt. 3A on November 1, 2015, pursuant to a one year lease. The monthly rent was $1, 700.00. Respondent's share of rent between November 1, 2015, and February, 2016 was $785.00 per month.

         Respondent states that she paid November 2015 and January 2016 rent of $785.00; U.S. Postal Service receipts are provided to prove this allegation.

         Respondent writes that she didn't owe $1, 700.00 for February of 2016 because her share was only $785.00 and she can't be held liable for Section 8 payments. Furthermore, Respondent refers to the Affirmation of her attorney that the Long Beach Housing Authority has been paying her rent subsidy since November 2015.

         In March of 2016, Respondent sets forth that her share of monthly rent was reduced to $288.00 and Long Beach Housing Authority paid the balance.

         Respondent submits the Letter dated April 6, 2016 from the Long Beach Housing Authority addressed to Petitioner. The Letter states that Tenant's share of the rent is $288.00 and the HAP payment would be $1, 412.00. Significantly, the Letter ...


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