Preview
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
ESPLANADE GARDENS, INC.
INC. 2569 ADAM CLAYTON POWELL JR. BLVD. NEW YORK, NY 10039
Phone: 212.368.2700 / 212.926.8042
Facsimile; 212.368.1562
November 8, 2022
Frances Lippa
The City of New York
Department of Housing Preservation &
Development
Omee of Housing Operations
100 Gold Street, Rm 7-M-4
New York, NY 10038
Re: Marc Edwards (Occupant)
1475
129-133 W. St. #221
New York, NY 10039
Dear Ms. Lippa;
As requested, enclosed are the documents for the aforementioned unit.
Management awaits your determination.
Yours Truly,
Nicole Duncan
Property Manager
Ce: Felicia Gittens, Assistant Manager
Frances Lippa, Administrative Hearing Officer
David Baron
File
Metro ManagemengDevelopment,inc.- Managing Agent " 1981MarcusAvenue,SuiteC-131"Lake Success,NY I1042" Tel: 718-593-8927"Fat:718-706-7760
UUI
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
Department of
Housing Preservation
& Development
Nyc.govepd
"
October 11, 2022
Nicole Duncan, Property Manager
Esplanade Gardens, Inc.
2569 Adam Clayton Powell, Jr. Bivd.
New York, New York 10039
Via email only
Re: Esplanade 0ardens v. Edwards, et al.
Dear Md. Duncan:
In order to review the housing corporation's denial of succession rights pursuant
to RCNY Title 28, Sec. 3-02 (p)(8) (ii), it is necessary to forward copies of all
written documentation relied upon as a basis for this decision to the applicant for
succession rights and to me. These documents should include, but are not limited
to, the application for succession rights, lease(s) or occupancy agreements,
recortification forms, income affidavits, death certificates and other relevant
written material submitted by the original tenant and stained by the housing
corporation and any records or documents submitted to you by the occupant in the
course of his/her efforts to obtain succession rights in the subject premises.
Please provide the above requested documents to the applicants for succession
rights and to me by November 21, 2022 so that this matter can be resolved.
Very truly ours,
F s Lippa
Administrative Hearing Officer
212-863-6544
Lipt3af(4hod.nyc.gov
cc: Marc Edwards
John Doe and/or Jane Doe
Q awed envaper connaiming30%poss-coasanermatering.
002
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
ESPLANADE GARDENS, INC,
INC. 2569 A DAM CLAYTON POWELL JR. BLVD. NEW YORK, NY t0039
Phone: 212.368.2700 / 212.926.8042
Facsimile; 212.368.1562
November 8, 2022
Marc Edwards, (Occupant)
129-133 W. 1478St. #221
New York, NY 10039
Re: Denial of Succession
Dear Occupant;
The attached documents were submitted to HPD in order to review the housing
comoration's denial of succession rights. Please keep for your records.
Yours Truly,
Nicole Duncan
Property Manager
Cc: Felicia Gittens, Assistant Manager
Frances Lippa. Administrative Hearing Officer
David Baron
File
legro ManagementDeset unent. Inc." f anagingAgeng" 1981Marcus Avenue,SuiteC-131" LakeSuccess.W I1042 " Tel: 714-593-3927"l'an;
713-706-7760
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
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FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
ESPLANADE GARDENS, [NC.
INC. 2569 ADAM CLAYTON POWELL JR. BLVD. NE€ YORK, NY t0039
Phone: 212.368.2700 / 212.926.8042
Facsimile: 212368.t562
September 28, 2022
A-lare Edwards (Occupant)
Jane Doe/John Doe (Occupant)
1475
129-133 W. St., Apt. #221
New ¼rk, ifY 10039
Re: Esplanade 147th
Cardens In c., 129-133 W. St. Nety Yorly riY 10039#221
Dear Mr. Edwards:
Please be advised that Esplanade Gardens, Inc. is denying your application for succession to
the above-captioned apartment. The housing company's denial of your succession application
is based on the Mitchell-Lama Rules, as set forth in 28 RCNV §3-02(p).
The Mitchell-Lama Rules provide that succession rights may be granted only to a
member"
tenant/cooperator's "family (as defined in the Mitchell-Lama Rules) who has resided
with the tenant/cooperator in the apartment as their primary residence for the two years
immediately preceding the tenant/cooperator's permanent vacating of the apartinent (or one
year if the person seeking succession rights is 62 years or older or is disabled) and continues to
reside in the subject apartment as their primary residence.
The evidence that you submitted fails to establish your entitlement to succession for the
following reasons: Relationship and Co-Residency cannot be determined.
The housing company will pursue a proceeding against you at the NYC Department of
Housing Preservation and Development (HPD) to recover possession of the subject apartment
based on its denial of succession rights.
You have the right to appeal the housing company's denial of succession rights within g!ty
(30) calendar days of receipt of this written denial of succession rights. Your appeal should be
addressed to: HPD. Frances Lippa. Administrative Officer. 100 Gold Street. Room 7-
Hearing
M4, New York. New York 10038. or to lippafálhod.nve.gov, and must include proof that you
served a copy of the appeal on the housing company. Your appeal should set forth the reasons
why you believe you are entitled to succession rights to the apartment and any errors you
believe are contained in the housing company s determination. The appeal should be
accompanied by any documentation you have to demonstrate your right to succession pursuant
to the Mitchell-Lama Rules.
\letro \JanagementDevelopment.lac." ttanaging Agent" 1981Wrcus henue.5uite f'-131-1.ake Success.½ 11142" let: Tl3-5813-8927"Fat:
918-706-1766
00E
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
The Commissioner of HPD, or his or her designee, will review the housing company's
determination and any additional information and documentation submitted by you and issue
the final agency decision with the regard to your succession rights application based solely on
its review of such materials. HPD does not conduct a hearing or elicit testimony with regard to
the appeal of a denial of a succession application. If HPD denies your appeal, the only potential
review of said decision would be through your filing legal action pursuant to Article 78 of the
Civil Practice Law and Rules.
If you seek to challenge a finding that the required co-residency with the tenant/cooperator was
not established, which finding is based in part on your not being listed on income affidavits
during the required co-residency period, please note that the failure of a family member who is
seeking succession to appear on income affidavits for the apartment creates a presumption that
he or she did not reside there as a primary residence. You may attempt to overcome such
presumption by presenting clear documentary proof that the apartment was in fact your
primary residence during the period in question. In such event, the income affidavits from
which you were omitted would be required to be amended to include your income, and you
would be liable to pay the housing company any resulting surcharges.
Pending HPD's determination of your appeal, you may continue in occupancy of the
apartment, provided that you pay for the use and occupancy of the apartment in an amount
equal to the monthly rental/carrying charges paid by the vacating tenant/cooperator.
Sincerely,
...
..
.
Nicole Duncan
Property Manager
cc: Frances Lippa, Administrative Hearing Officer
Board of Directors
Popper Law Firm
Devetapment,Inc." ManagingAgent - 1981Marcus Avenue,Suite C-131- 1,akeSucceshNY (10.12" Tel: 718-593-8927-Fax:
Metro Namagenecan 718-706-7760
UUb
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
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FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
APPLICATION FOR SUCCESSION RIGHTS
ESP ANADE GARDENS, INC
$FrCTION 1: SUCCESSOR APPLICANT INFORMATION FOR HPD USB ONLY
E1: Applicant Name Aff'
b(rJ
1.2: Address: [ kiLyr / Apt:
/33
J.3: Date (month /day/yr.) you moved into the apartment dicated in 1.2 above: fo/
1.4: Are you a senior citizeri (62 or over), or disabled? Y No O
1.5 Family Relationship to Tenant/Cooperatora of Record r Cwds
(See instructions). You must provide proof of family (elationship.
1 6 Persons Currently Residing in the Apartment indicate in 1,2.sbove:
NAMB ILELATIONSHIP TO APPLICANT AGE | SEX (M/F)
SECTION 2t TENANT/ COOPERATOR OF RE( ORD INFORMATION
2.1: Nam Tenan C ors of record of apartment i dicated in L2 above:
T
2.2: Number of years Tenant/Cooperators of record reside at address/apt indicated in 1.2 above: £4R 5
2.3 Status of Tenant/Cooperators of Record: (Please checli applicable box and refer to instructions for required
documentation:
A:O Permanently Vacated: Date permanently vacated (m/dly)
B:O Deceased: Indicate date of death (m/d/y)
C:O Divorce/Separation: Date of divorce/separation (m/8/y) , Date pennanently vacated (m/d/y)
D:O Permanently Moved to a Nursing Home/Care Facilit : Date permanently entered Nursing Home/Care
F 'lity(m/d/y):
E: Other a cote
P1^~e c s NacA do pas.p
SECTION 3: (3.D APPLICANT CERTIFICATION
I certilythatdiestatements
madeinthisappilcallon forsuccessionto theapartment
indicated in 3.2ofthisspplicationhavebeenexamined
knowindge andbeliefaretrue,correct,andcomplete. 1havenoobjection bymeandtothehostor my
toinquMes behigmadeforthepurpose of verifyingtheractshareingtated
eswellasthe
documents andinformationprovided.I understand if anyInformation declared
hereinis thlse,my application
forsuaeassion willnotbespproved endI will besubject
tolegalaction.1understand thatagingthisappHcation doesnotin anywayhindtheHousing Company ortheNYCDepartnent Preservation
andDevelopment
tograntmesuccesskm Housing
totheapartment indicatedin 1.2aboveir1donototherwise meettherequirements orSection3-02(p)oftheCityMitchett-Lama Rules.I
onderstand thatshouldI begrantedsuccession rightsarxiI IInnotmeettheoccupancy standards forthespartmentindicated insection I
12, maybeaskedtomovetoan
appropriatelysizeapartment whenonebecornes available
Applicant Signat e Dat
1)OUSINGCOMPANYAPPROVAl. HOUSINGPl)SBNVATION AND IEV El OPMl(Nf
APPitOVA1
DKlT:
DA'lE:
I)Y: ___
IlY
I havefully reviewedboththis applicationandits supporting
documentsandcertify thatall therequireddocuments havebeen This approval is without prejudice to any outstanding
providedto npprovethisapplicationfor succession rights. rent or maintenancechareas
008
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
July 1 L 2022
From; Jamal Horn
Deputy Regional Security Officer j U.S. Department of State |2201 C St. NW | Washingtott, DC
20520
To: Felicia Gittens
Assistant Property Manager | Esplanade Gardens, Inc. |2569 Adam Clayton Powell Jr. BLVD|
New York | NY | I0039
Dear Ms. Gittens:
Pursuant to a <1irective relayed to me from your office calling for a formal statement of my plans
to move away permanently from Esplanade Gardens, please accept this letter as written notice of
my intention to vacate my apartment by end ofJuly 2022 in favor of my cousin/co-tenant, Marc
Edwards'
bid for succession to shareholder status and my own career advancement opportunity.
Marc has also advised me that you requested a copy of my 2021 tax returns for addition to his
succession application. Please note that 1 was forced to apply for an extension of time to file my
returns by reason ofa Department ofState payroll system glitch that has backlogged accurate W-
2 information for thousandsofemployees across the organization.Consequently. my returns for
that year are unavailable at this time, I've attached for your review just.a few of the related
notifications I've received since last year.
I continue to work out of Riyadh, Saudi Arabia and can be difficult to reach, so please direct any
other inquiries through Marc. And thanks very much for your considemtion.
Sincerely.
Jamal Horry
009
FILED: NEW YORK COUNTY CLERK 02/29/2024 03:44 PM INDEX NO. 158694/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/29/2024
,
From: GFACS American Comnumications GFACS-AME@state.gov f
Subject GFACS American Payroll System - Back Pay Interest Payments
Date: June 1, 2022 at 6:47 PM
To: Horry, Jamal A (Riyadh) HorryJA@state.gov
BUTUNC1.ASSl
5EN5tUVE FIED
GFACS ^T
GFACS American Payroll System
Back Pay Interest Payments
Greetings
Co8eagues,
sentbySecretary
Asnotedintheenessege 85nken onApril29,2022onLeave andPayissues,theDepartment
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interest
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thatoccurred AMEbetween March27andMay21,2022,andwtabesubsequently
processed.
TheOfficeofPersonal Manmsement
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ofGFACSAMEthrough March31,2022wasa3%annualpercentagerate(APR). please
note:TheInterest
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payment is$6000rmore,youwillreceive
aForm109!HNT InJanuary
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andmorethan50%ofthepayments areforlessthan$10.Theinterest
ishesedr
annualrateof3%APIt,whichequalsadaByrateof.008219% Foradditional
Irformation Forrn
regarding 1099-INT, interest
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Foreaseofreference,
wehaveincluded ofcalculations
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byperperiodtodetermine
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LatePayment Arnount|Post Dillerentleg $ 105.14 $ 105.14 $ 210.28
httlal EsseingsOnta(Interest
8esIns) 10/10/2021 10/24/2021 | ___
Paymere Daggt(intyrestEnds| 12/4/2021 12/4/2023
AgeofPa¼ment (inDays| 55 4)
InterestAPit[Dety3%/3116) 35 35
$
orspounded laterestParment $ 0.48 $ 0.35 0.83
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20/2011 PayPeriod11/2021 Total
$
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InitialEsmingsDeta(telerest
89g1r9 8/15/2021 6{29(2021 9/12]20t1 9/36/2021 10/10/2021
Payment Date(Interest
fad| 11/20/2021 11/2D/2021 11/20/2021 11/20/2021 11/20/2021
ageefpayment (InDays) 97 83 69 .55 41
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intesent
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$ $
InterestPayment
Compounded $ 10.66 $ 9.31 7.96 6.62 $ 5.27 $ 3.p3 $
Thiscommunication
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