A landlord commenced a nonpayment proceeding against a rent stabilized tenant, alleging that the tenant occupied the subject apartment pursuant to an agreement to pay $1,471.92 per month, and that through the date of the petition, the tenant owed $4,415.52.

The tenant commenced occupancy on Aug. 1, 2007, pursuant to a one-year written lease for $1,150. A higher legal regulated rent of $1,620.64 was registered for the same period, although not stated on the face of the lease or in any rider. The tenant alleged, inter alia, that there were conditions in the apartment that went unrepaired and that the rent or part of the rent had been paid.

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