Landlord-Tenant—Evidence Failed To Establish Tenant Suffered a Hardship—Court Vacated Stays—Burden of Proof in a Hardship Declaration Hearing Is On the Tenant Since the Tenant Is In Possession of the Relevant Information

A petitioner had commenced a holdover proceeding, seeking possession of an apartment on the ground of “termination of an unregulated tenancy.” The parties had stipulated to a final judgment that permitted issuance of a warrant of eviction (warrant). The respondent thereafter interposed a hardship declaration. The petitioner challenged such declaration. The court then held a hearing with respect thereto.