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The stay was finally lifted on Feb. 13, during Topping’s fourth week of homelessness, and Napoli was then able to get a temporary restraining order allowing him to return to his apartment until the case is heard in full.
When he got back in, however, Napoli said Topping returned to find no heat or hot water, a large hole in his floor and other damage that wasn’t there when he left. The city's Department of Housing Preservation and Development has told Mr. Topping they will make emergency repairs but according to Topping, have not yet done so. Next week, on March 3, Justice DeGrasse will make a final decision as to whether to restore Mr. Topping permanently.
Now, with a lawyer by his side, Topping said, “I feel a little bit better to have some kind of help.”


