Recitation, as required by CPLR 2219(a): Notice of Motion and Affidavits Annexed 0 Order to Show Cause and Affidavits Annexed 1 Answering Affidavits 0 Replying Affidavits 0 Exhibits 2 Stipulations 0 Other 0 DECISION AND ORDER This is a summary non-payment proceeding. Petitioner appears pro-se and The Legal Aid Society represents Respondent. The parties settled this proceeding pursuant to a Stipulation of Settlement, dated January 13, 2020 (“Stipulation”), in which Respondent acknowledged owing $8,800 in rent arrears through January 31, 2020. The Stipulation, which includes a final judgment and issuance of the warrant forthwith, stayed execution of the warrant through February 28, 2020 for payment. The premises are not subject to Rent Stabilization. Respondent now moves pursuant to RPAPL §749(3) for an order vacating the Stipulation based on the allegation that Petitioner refused to sign the W-9 and CityFHEPS Landlord Information Form, Form DSS-8f (E), (collectively referred to herein as “CityFHEPS Forms”), which are necessary for Respondent to complete his CityFHEPS application and thereby obtain rental arrears to pay the balance owed. Respondent argues that Petitioner has engaged in unlawful discrimination based on a lawful source of income, and that Petitioner’s actions warrant vacating the Stipulation. In the alternative, Respondent argues that the Court should further stay execution of the warrant for Petitioner to sign the CityFHEPS Forms and provide an additional time thereafter for Respondent to pay the arrears balance. It is undisputed that Respondent has resided in the subject premises since 2016 and that Respondent moved into the premises utilizing the LINC v. Rental Assistance Program administered by HRA. The LINC v. program provided shelter assistance for working adults with a shelter history who earn less than 200 percent of the Federal Poverty Level. Respondent alleges that in 2018 he was moved off the LINC v. program as his income from employment exceeded the program limit. Respondent further alleges that he lost his job on or around January 4, 2020 and that he reapplied for program benefits. Thereafter, Respondent received HRA assistance via shelter payments, but his program participation was not renewed and he was advised to apply as a new participant for CityFHEPS. Respondent represents that he applied for new benefits and completed all of the required steps to obtain CityFHEPS, and the only missing documents required for final approval are the W-9 and CityFHEPS Landlord Information Form, Form DSS-8f (E), which need to be signed by Respondent’s landlord. Respondent’s counsel affirms that she asked Petitioner to fill out the required CityFHEPS Forms, but Petitioner refused to cooperate, which effectively denied Respondent the opportunity to obtain CityFHEPS benefits to which Respondent is lawfully entitled to. Respondent argues that Petitioner’s refusal to sign the CityFHEPS Forms constitutes income discrimination warranting vacating the Stipulation or staying execution of the warrant until such time as Petitioner executes the required CityFHEPS Forms with additional time for HRA to issue payment. (See, Affirm. of A. Wettstein, dated March 2, 2020). On March 11, 2020, Petitioner orally opposed Respondent’s motion. On the record, Petitioner acknowledged that she refused to sign the CityFHEPS Forms. Petitioner argued that she is not required to sign any forms requested by HRA, including CityFHEPS Forms, because she signed and submitted LINC program forms in 2016 when Respondent initially moved into the premises. Petitioner contends that she is not required to sign HRA forms more than once for any tenant regardless of the circumstances, even if a tenant was terminated from a rental assistance program or if a tenant applies for a new program or new benefits. Without citing any legal basis for such conclusion, Petitioner contends that it would be unlawful for her to sign the CityFHEPS Forms. When the Court inquired further, Petitioner stated a firm belief that if she signs the CityFHEPS Forms then the agency assisting Respondent in obtaining rent arrears will receive a broker’s fee for their services, which Petitioner considers unlawful. Despite repeated assurances from Respondent’s counsel that the agency providing Respondent assistance was not acting as a real estate broker, Petitioner, on the record, again refused to sign the necessary CityFHEPS Forms. After hearing argument, the Court reserved decision. As provided in Title 8 of the Administrative Code of the City of New York, an owner may not “refuse to sell, rent, lease, approve the sale, rental or lease or otherwise deny to or withhold from any such person or group or persons such a housing accommodation or an interest therein” based on a “lawful source of income.” (See, NYC Admin Code §8-107(5)(1)(a); see also, Flushing QP Portfolio, II LLC v. Williams, 2017 NYLJ LEXIS 2462 [Civ Ct, Hous Part, Queens County 2017]). In essence, by refusing to sign the CityFHEPS Forms that are required to obtain rental assistance, Petitioner is participating in unlawful income discrimination against Respondent. Petitioner’s assertion, that regardless of the circumstances she should not have to sign HRA forms more than once for any particular tenant during the duration of a tenancy, is not supported by requirements promulgated by HRA or by the laws of the City of New York in obtaining rental arrears. (See, Dino Realty Corp v. Khan, 46 Misc.3d 71 [App Term, 2nd Dep't 2014]. In the event that Petitioner believes there is a fraud being perpetrated by any agency that is assisting Respondent, Petitioner has the right to commence a legal action in a proper forum. Based on the foregoing, Respondent’s motion is granted to the extent that Petitioner has until has until June 30, 2020 to provide Respondent’s counsel with the fully executed W-9 and CityFHEPS Landlord Information Form, Form DSS-8f (E), plus any other forms requested by HRA. Execution of the warrant is stayed through August 30, 2020 for payment of $13,755.00, which represents $9,755.00 owed through March 2020, plus rent at $800.00 per month April 2020 through August 2020, minus any payments received. Notwithstanding the above, execution of the warrant is further stayed until such time as the current directives and restrictions on evictions are lifted. (See, Governor’s Executive Order No. 202.8). Furthermore, if Petitioner fails to timely provide the CityFHEPS Forms or any other forms required by HRA, Respondent’s counsel may move this Court for further relief, including vacating the warrant and dismissing this proceeding. Petitioner may contact Respondent’s counsel via telephone at #347-622-1386 or by email at [email protected] in order to facilitate compliance with this Decision/Order. Counsel may contact Petitioner if contact information is available to counsel. This constitutes the Decision/Order of this Court, a copy of which is being emailed to Respondent’s counsel and mailed to Petitioner. Dated: April 23, 2020
