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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Port Chester Housing Authority v. Mobley, 6 Misc. 3d 32 (2004)

Citation
Port Chester Housing Authority v. Mobley, 6 Misc. 3d 32 (2004)
Parent Document
Port Chester Housing Authority v. Mobley, 6 Misc. 3d 32 (2004)
Jurisdiction
New York (state)
Effective Date
2004-10-28

Full Text

1,970 chars
Tenant’s monthly rent, pursuant to the terms of his lease, was based on the income of those persons with whom he shared occupancy. In addition, tenant was required to report changes in occupancy within 10 days of same and to provide petitioner with proper verification in order to obtain an adjustment in rent. The lease further provided that any adjustment in rent became effective on the first day of the month following petitioner’s receipt of verification. On February 27, 2000, tenant’s sister and brother-in-law notified petitioner that during said month they vacated tenant’s apartment and returned to their former residence in North Carolina. As verification, they attached a bill from September of 1999 addressed to their *34North Carolina address. Inasmuch as the bill was dated prior to their move, petitioner rejected same and promptly notified tenant that the letter was insufficient. Tenant was also sent a “change form” which was to be returned with the proper verification. On March 7, 2000, tenant returned the form without any verification. On March 24, 2000, petitioner received a letter from tenant’s sister wherein she indicated that the enclosed telephone bill was being submitted to verify her change of address. Petitioner’s agent, however, testified that although petitioner received the letter, the telephone bill was not enclosed. Tenant offered no evidence to contradict said testimony. A second request for verification was sent to tenant’s sister on May 17, 2000. The letter was returned to petitioner on June 7, 2000. In accordance with the terms of the lease, petitioner reduced tenant’s rent effective July 1, 2000. Inasmuch as the delay in the reduction of tenant’s rent was due to the failure of both tenant and the other occupants of the premises to provide proper verification of the change in circumstances in a timely manner, the trial court properly found that tenant was not entitled to a reduction of rent prior to July 1, 2000.