Anthony Barr testified that he owned the subject building, which is a two-family house; that he rented the subject apartment to Mr. Huggins; that Section 8 gave him money for the apartment; and that Mr. Huggins currently lives in the apartment without a lease. In support of his testimony, Mr. Barr submitted the original lease. Although it is not dated, it refers to the apartment as apartment 2 and is for a two-year term commencing February 1, 2010 and ending January 31, 2012, at a rent of $1,449 per month. Attached to the lease is a housing assistance payment (HAP) contract signed by Mr. Barr and a representative of the New York [*2]City Housing Authority (NYCHA). According to the HAP contract, NYCHA agreed to pay Mr. Barr $797 per month, with the balance of the rent to be paid by Mr. Huggins.
On cross-examination, Mr. Barr admitted that he had signed a new lease for the apartment on November 21, 2011 (about two months before the first one was to expire) and that Mr. Huggins had told him he would not accept a one-year term. He further testified, however, that he only offered Mr. Huggins a one-year lease.{**41 Misc 3d at 608}
Respondent's Evidence