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OLR ECW LP v. De Abreu

Tenant's Refusal to Recertify, Cure Default Grants Landlord Summary Judgment

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Respondent’s motion for discovery and Petitioner’s cross-motion for summary judgment:Papers NumberedNotice of Motion and Supporting Affirmation & Affidavit   1Notice of Cross-Motion and Supporting Affirmation, Affidavit & Exhibits A-S   2Affirmation and Exhibits A-C in Opposition to Cross-Motion             3Supplemental Affidavit in Opposition to Discovery            4DECISION & ORDER

*1  Upon the foregoing papers, the Decision & Order on Respondent’s Motion for Discovery and Petitioner’s Cross-Motion for Summary Judgment, which are consolidated herein for disposition, is as follows:BACKGROUND & PROCEDURAL HISTORYPetitioner commenced this holdover eviction proceeding alleging that Respondents had failed to recertify their income as required by Section 42 of the Low-Income Housing Tax Credit (“LIHTC”) Program and in violation of a low-income housing lease rider to their lease. The proceeding is predicated upon a Notice to Cure dated January 28, 2016 and a Notice of Termination dated March 10, 2016. It is undisputed that Respondent Gloria De Abreu1, a Rent Stabilized tenant, did not comply with Petitioner’s request that she complete the LIHTC Program recertification process in 2015 and

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