This Petition is being lodge against Tonny & Lisa Frazier and their 15yr old son Gregory Frazier by the Board of Directors and a 2/3 majority votes of the Shareholders. Tonny Frazier is the sole owner of the 250 shares for Apartment 4S which his Apartment was terminated by the Board of Directors as per the provision of lease of Article 1 section 7.01 TERMINATION Of LEASE BY THE CORPORATION Which the Co-op board of Directors was forced to terminate Tonny Frazier’s lease due to years of defaulting in his monthly share of the maintenance. Tonny signed Lease agreement with the Co-op stating that he would pay his monthly share of the maintenance which is now $538.72 per month. He had fail to tender his monthly maintenance from June 2012 until this July 1, 2013 owing the Coop $10.000.00 which includes attorney fees as per the board Resolution 1 dated April 10, 2007. Mr. Frazier was issued numerous of written notices and four (4) Rent Demands demanding that he settle his default to the Co-op. This seen to be a pattern he has established whereas he stop paying for months every year, for the past seven years. This non-payment of rent interferes in the day to day operation of the Co-op. During the seven years of summoning Mr. Frazier to Court for non-payment of rent, repairs, and a drug holdover case, this has really taken a toll on the building finances. Lisa Frazier did receive a letter of violating the lease for repeating objectionable conduct on December 14, 2012 for throwing packages or objects out of the bedroom window to customers who were waiting on the street beneath the bedroom window to receive whatever she was tossing out of the window to them. They were already in violation of the lease for repeating objectionable conduct that issued on February 13, 2012 of throwing packages of her window ten (10) months later. Before that their son was starting fires in the building on August 9 and August 14, 2011. They were issued another objectionable notice five (5) months later. On November 18, 2010, they were in violation of the Lease of the Condo and Co-op laws for having drugs on the Premises where three (3) people were arrested. Violation of Tonny Frazier under the Real property Law of the PRAPL lease before another objectionable conduct notice was issued for (10) months later Gregory for setting fires in the building on August 9, and August 14, 2011 which started on the 4th floor steps and throwing the blazing paper downstairs on the 3rd floor, which he was seen by me and another Shareholder who observe him from the 5th floor above. The Shareholder stomped out the fire and stated to me that he would speak to Tonny Frazier regarding his son. Again, Mr. Frazier son Gregory set fire to my doorbell, on this June 21, 2013 around 10:00pm and this incident was witnessed by me and another person. I file a police report at the 28th Precinct regarding the matter. I gave Mr Frazier written notice, in regard to what him son did to my doorbell. I requested Mr. Frazier to fix it within 5 days of the notice or I would have his son arrested if he did not fix my bell. I did not report this matter to the insurance company, fearing that the building’s policy would be canceled. Mr. Frazier and his family members have been given countless of objectionable conduct notices which they seem to disregards them. The Board and the Shareholders have had our fill with the Fraziers. They have been very disrespecting toward board members for the past seven years. Lisa Frazier has call board members names and committing act of libel against a board member. During the course of a seven year period Tonny Frazier have caused the board spend over $60,000.00 in legal cost for having to summoned him every year for 4 years to court for not honoring his Lease agreement in the Co-op. PETITION FOR A HOLDOVER TO EVICT TONNY & LISA FRAZIER OF 361 WEST 121ST STREET, NEW YORK, NY. APT, 4S Lisa Frazier lodged the 2 Discriminatory claims against board members which cost the Co-op $5,000.00. Those frivolous claims against 2 board members were thrown out or dismissed. A Shareholder’s meeting was in the progress on May 26, 2012 when Lisa Frazier appeared repeating objectionable conduct yelling and screaming stating she had her money to pay her rent Lisa became unruly and turned out the meeting with another Shareholder. The May 26, 2012 Shareholders minutes could not be completed due items still was left on the Agenda. Tonny Frazier is solely responsible for all happenings or events in his Apartment his family creates as per the Lease. Where as he and his sons make so much loud noise disturbance past the hour of quiet time, as if they’re lifting weights and then dropping them on the floor. This is disturbing to a 90 years old elderly Shareholder who resides beneath them trying to retain comfort in her own home. Why should she suffer in silence? Numerous of notices were sent, asking them to cease the noise after the hour of 11pm at night. They kept right on repeating objectionable conduct even after given ton of written notice. They don’t have and show no respect to the elderly. Anyone who fails to cure their default after being given written notice to pay has no place in this Co-op trying to live for free. It’s time to terminate their tenancy in the Co-op and move on. This is how the Shareholders feels. Listed below is a few of reasons Tonny Frazier’s lease was terminate by the Corporation as per the Lease Article 1 Section 7.01 Termination of Lease by the Corporation that was effective as of April1, 2013. 1. Tonny Frazier has not been in compliance with the Co-op’s By-Laws, Proprietary Lease, House Rules, or the Rule and Regulation since December 2008 since failing to pay a possessory judgment that was awarded to the Co-op due to Tonny Frazier breached his Court Stipulation. 2. Tonny Frazier fail to fill out the necessary forms on February 14, 2013 for the building to participate in the Heat/Oil Program offered by Citgo, required by all Shareholders to fill out. He never has complied with the Co-op’s Rules and Regulation. 3. Tonny Frazier has been in violation of their lease for thirthteen (13) months for failure to cure his default with the Co-op owing $10,000.00 now as of July 1 2013. After receiving written notices and 4 Rent Demands, demanding that he tender payment. He fail to cure his default. 4. Tonny Frazier is responsible for his son action which Gregory has continued to break the Co-op’s House Rules by setting fires in the building which is noted in the Court records. He set fires in the building twice on August 9, 2011, and August 14, 2011. Gregory did this act again on June 21, 2013 around 10:00 pm which he was seen burning my door bell with a cigarette lighter. 5. Tonny Frazier who is solely responsible for any events or happening in his apartment Lisa Frazier keep throwing packages and objects out of her bed room windows, on which February 13, 2012, which keep repeating objectionable conduct even after given written notice by the Co-op Attorney and were told to stop. She yells to people on the street from the 4th Floor window in the early mornings disturbing people who are still in their beds. PETITION FOR A HOLDOVER TO EVICT TONNY & LISA FRAZIER OF 361 WEST 121ST STREET, NEW YORK, NY. APT, 4S 6. Lisa Frazier kept throwing packages and objects out of Tonny Frazier 4th floor bedroom window on December 14, 2012 from 8:35am until about 12:20 pm to individual who were waiting below on the street to receive whatever she was tossing out to them in the Newport cigarette boxes. An objectionable conduct notice had been issued February 13, 2012 to her for throwing objects out of the window. She was told to stop doing it by the Co-op Attorney. Just ten (10) months later, she repeated she the same thing December 14, 2012. Lisa Frazier has no respect or regards for anyone she has disrespected our Co-op Attorney in the Courts on several occasions. The Shareholders would like know that they are safe living in this cooperative building and not afraid to go to sleep at night. They can only get this assurance from the Court. The Board of the Directors and the majority of the Shareholders from 361 West 121st Street HDFC is signing this Petition as our last resort, hoping the Courts would rule in the Board and the majority of the Shareholders favor. Tonny Frazier must be evicted from the Premises of 361 West 121st Street. There are 13 Shareholders residing here in this 5 story multi-dwelling and Tonny Frazier is the14.