notice" was entered into evidence. The "red notice" appears to be a petition for non-payment of
rent, printed on red paper. It contains typed in information, over what seems to be a form
petition, handwritten amount of $6,250.00 and at the top right corner a business card showing the
named of attorneys "Kevin Kerveng Tung, PC" and Helen Wu, Esq., with Chinese characters
below the name of attorney Helen Wu. Petitioner testified that the "red notice" was underneath
her door. After finding the "red notice," respondent called petitioner and stated that petitioner
must pay the rent, or she will be evicted. Petitioner testified that she found the "red notice" and
received the telephone call from Ruth Wu in late August 2020. Petitioner testified that she was
asked if she had received the "marshal's letter to move out." (Petitioner's C-1, C-2, D-1,
D-2 [FN2]
, E, F, G, H, I, J, K in evidence.)
Petitioner testified that after she received the notice from the marshal, a camera was installed
in the hallway facing her door.
Petitioner testified as to conditions in the apartment that need to be corrected. The Court was
asked to take judicial notice of the DHPD website. The Court took judicial notice of the DHPD
website, www.nyc.gov/hpd. The report confirms that there are conditions in the apartment in
violation of the Housing Maintenance Code (HMC).
On cross-examination, petitioner stated that she has not been to Housing Court before and
that her landlord has not filed a previous case against her. Petitioner testified that she called the
landlord and the super about the needed repairs.
Marshal Edward F. Guida, Jr., was called as a witness and sworn in. Marshal Guida testified
that his office did not prepare a notice of eviction in August 2020. His office has not prepared