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25 WEST 24TH STREET REALTY CORP., pet-app., v. ANTHONY ZAYAS, res-res

16-455. 25 WEST 24TH STREET REALTY CORP., pet-app., v. ANTHONY ZAYAS, res-res; — Orders (Jack Stoller, J.), each entered March 21, 2016, affirmed, with one bill of $10 costs.

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16-455. 25 WEST 24TH STREET REALTY CORP., pet-app., v. ANTHONY ZAYAS, res-res; — Orders (Jack Stoller, J.), each entered March 21, 2016, affirmed, with one bill of $10 costs.

The summary judgment record establishes that petitioner, the operator of a Single Room Occupancy [SRO] facility located at 25 West 24th Street in Manhattan, entered into a Memorandum of Understanding [MOU], dated October 31, 2013, with the City of New York, acting through the Department of Social Services of the Human Resources Administration [HRA]. The MOU provided, inter alia, that petitioner “shall set aside…30 of its rooms” for occupancy by eligible persons referred by HRA; petitioner “agrees to accept [such] referrals,” register them and permit them to occupy a dwelling unit; permit such referrals to swipe their HRA benefit cards through an automated attendance system reader; notify HRA if an eligible person is no longer residing in the unit; submit monthly bills to HRA for payment, at the rate of $60 per night for each occupied room; and collect from such eligible person “contributions” if their income exceeds $359 per month. The MOU also provided that petitioner must obtain HRA approval before removing or evicting any eligible person. However, the MOU also expressly stated that:

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