acknowledged that in October 2008, Farkas asked him to pay a large rent increase to which he
would not agree. Oliva also denied asking for payment from the landlord when Farkas first asked
him to pay a rent increase, stating that Farkas instead offered to pay a deposit for him if he
vacated the Apartment, which he declined. Ultimately, Oliva said, they agreed to a rent of $1000
per month, representing an increase of $100 per month over the prior rent. That, Oliva said, was
their only conversation regarding a rent increase. Oliva paid the increased rent in October,
November and December 2008.
Oliva said that there were two more conversations regarding payment in exchange
for his agreement to vacate. The first, he said, took place during the first week of January 2009,
while there was no electricity, gas, or hot water. As Oliva discussed the conversation, however,
he clarified that it was not a conversation about payment in exchange for leaving the Apartment,
but was instead a conversation about the appropriate address for payment of arrears. Oliva then
said that, after he brought the landlord to court, there was a discussion of payment in exchange
for his agreement to vacate the Apartment, which he stated did not interest him. Finally, Oliva
emphasized that he brought the HP action in January 2009 after services were cut off in the
Apartment and the Building, and the court took judicial notice of files for HP actions
commenced by Cedillo and by Vaquero in January 2009.
The affidavit that the parties stipulated to treat as evidence indicates that Donna
Denton, a member of the firm representing petitioner in this proceeding, received an email
indicating that petitioner's agent desired to commence a holdover proceeding against respondent.