Petitioner did not have a duty to mitigate the amount of unpaid maintenance by processing respondent's application for section 8 benefits while respondent's application to become a successor tenant was pending before the Department of Housing Preservation and Development. A section 8 application would be premature until such time as respondent achieves the status of tenant. In the meantime she is liable for use and occupancy equal to the maintenance paid by the prior tenant...
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