and participants in the program occupy the apartments with a roommate. Each participant must
enter into an Agreement / Sublease with CBHS for a one year period, unless terminated sooner
for default in compliance at which time CBHS may serve a 10 day Notice of Termination and
commence an eviction proceeding. The monthly housing fee is 30% of the participant's monthly
income regardless of the rent that CBHS pays to the landlord. Each participant is assigned a case
manager who meets with them on a weekly basis.
BACKGROUND
Petitioner is the over-tenant
licensor of the subject premises located at 307 Martense Street, Apt. 5B, Brooklyn, New York
11226 pursuant to a written lease with the owner of the premises, 307-323 Martense Realty,
LLC. The respondent is the under-tenant-licensee residing in the subject premises. He is 53 years
of age and suffers from major depression, an anxiety disorder and physical disabilities including
kidney problems. He has resided in these premises since February 2002.
In or about May 2006, respondent was given a new sublease agreement for a one year term to
commence May 1, 2006 and ending on April 30, 2007. On May 30, 2006, the respondent signed
the agreement. However, at the end of the last printed paragraph (20. No Jury Trial - No
Counterclaim - Attorneys Fees) the respondent wrote the following: "Michael Block does not
agree to #
20 in this lease. Michael Block 5-30-06 ".
The petitioner refused to accept this altered sublease and considers the respondent a month to
month tenant.
In 2004, prior to commencing the instant holdover proceeding, the petitioner commenced a
summary proceeding based on the alleged problematic conduct of the respondent with respect to
his roommates [L & T #