Respondent-Tenant completed and signed a household income affidavit in 2016 (Petitioner's Exhibit 5) listing six household members. There is an initial Occupancy Agreement between Petitioner and Respondent-Tenant dated Janu(Petitioner's Exhibit 3). Petitioner established that it is the owner of the subject premises pursuant to a deed dated J(Petitioner's Exhibit 1) and that the building is properly registered with the City as a multiple dwelling (Petitioner's Exhibit 2). The only other Respondent to appear was Respondent-Tenant's husband, Respondent-Occupant James Northover, who retained the same counsel as his wife and filed an answer similar to his wife's just prior to the commencement of the trial.Īt trial, each side presented the testimony of two witnesses: For Petitioner, a junior property manager, Tanysha Farley, and a Co-op City security officer, Shamel Pitt for Respondents, the Respondent-Tenant Ophelia Scott and a New York City Fire Department (FDNY) fire marshal, Brian Lebow. By Decision and Order of the court granted Respondent-Tenant's motion to the extent of dismissing the illegal sublet claim and setting the case down for trial, which took place on January 6 and 7, 2020. Respondent-Tenant, represented by counsel, filed an answer denying Petitioner's claims and raising various defenses she also moved to dismiss the petition. The Notice of Termination, dated July 5, 2018, alleges that Respondent-Tenant failed to comply with the Notice to Cure in that (1) on three specified dates in April and May 2018 Markeno Broomfield was seen entering the lobby elevator which stopped on the 19th floor (2) she has not been seen at the building after the end of the cure period and (3) she failed to report Markeno Broomfield as a member of her household. The Notice to Cure, dated November 22, 2017, alleges that Respondent-Tenant violated her Cooperative Occupancy Agreement as well as DHCR rules and regulations by (1) illegally subletting or assigning the apartment to Newby Sutana, Brianna Jones, James Northover, Markeno Broomfield (a/k/a Markeno Rose) or other persons unknown to the landlord (2) failing to accurately report her complete household composition and income (3) overcrowding by allowing seven people to occupy her two-bedroom apartment, in violation of DHCR regulations that limit occupancy to no more than four people and (4) creating or permitting a nuisance in that one of the occupants of the apartment, whom Petitioner believes to be Markeno Broomfield, "has started fires in the Apartment on numerous occasion, including, but not limited to, the fire initiated by him on or about November 3, 2017." The Notice to Cure states that Respondent-Tenant was required to cure these violations of her tenancy by December 15, 2017. Petitioner's causes of action are enumerated in a Notice to Cure and a Notice of Termination which are annexed to and incorporated in the petition. Petitioner Riverbay Corp., a cooperative corporation organized under Article II of the Private Housing Finance Law (commonly referred to as "the Mitchell-Lama Law") and subject to supervision by the New York State Division of Housing and Community Renewal (DHCR), seeks to recover possession of Apartment 19C at 120 Alcott Place, Bronx, New York from Respondent-Tenant and cooperative shareholder Ophelia Scott, and numerous Respondent-Undertenants. After trial, and for the reasons below, this proceeding is dismissed with prejudice. This is a holdover eviction proceeding against a Co-op City shareholder-tenant based on claims of illegal sublet, failure to report household composition and income, overcrowding and nuisance. Seven Penn Plaza, 370 Seventh Avenue, Suite 720Īttorneys for Respondents Ophelia Scott and James Northover: Ophelia Scott, Respondent-Tenant, and Newby Sutana, Brianna Jones, James Northover, Markeno Broomfield (aka Markeno Rose), "John Doe" and "Jane Doe", Respondents-Undertenants. This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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