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PORT CHESTER HOUSING AUTHORITY, respondent, v. CAROLYN TURNER, appellant.

Memorandum.

Order unanimously reversed with $10 costs, tenant's motion to vacate the final judgment and warrant granted, and matter remanded to the court below for all further proceedings.

In this nonpayment proceeding, the court below erred in entering a default final judgment awarding landlord an amount greater than asked for in the notice of petition and petition (see, Port Chester Hous. Auth. v. Faison, NYLJ, Oct. 10, 1997 [App Term, 9th 10th Jud Dists]). We also conclude that under the Federal public housing program involved herein, it was error to include in the final judgment non-rent items, even though characterized as "additional rent" in the agreement between the parties (see, Matter of Binghamton Hous. Auth. v. Douglas, 217 A.D.2d 897, 898)

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PORT CHESTER HOUSING AUTHORITY v. TURNER
(Oct 9, 2001)