Southern Tier Legal Services (Philip J. Berkeley of counsel), for respondent.
Chauncey J. Watches for petitioner.
OPINION OF THE COURT
JOSEPH E. DAMRATH, J. and could not be, dispositive of the issue of whether or not the landlord failed to meet his obligations under the section 8 agreement. To hold otherwise would be to deny the landlord petitioner the same due process rights that are guaranteed to the tenant respondent. This is even more apparent when one considers that the tenant was responsible for the failed inspection and also the shoddy follow up by the HQS inspector who never even returned for a reinspection, but simply relied upon the respondent's representations to draw her conclusions. By reason of the aforesaid, the respondent's motion to dismiss is denied in each and every respect, and the petitioner is awarded possession of the premises, as well as judgment against the respondent for rent to be calculated at $108 per month for the months prior to September 2003, and $300 per month for September 2003 and every month (or portion) thereafter that the tenant remained, or remains, in possession, as well as interest thereon from the third day of September 2003 and costs.