Case 1:18-cv-07712-PAE Document 37 Filed 10/01/18 Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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AIRBNB, INC.,
18 Civ. 7712 (PAE)
Plaintiff, 18 Civ. 7742 (PAE)

-against-

THE CITY OF NEW YORK,

Defendant.
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HOMEAWAY. COM, INC.,

Plaintiff,

-against-

CITY OF NEW YORK,

Defendant.
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MOTION FOR LEAVE TO FILE MEMORANDUM OF LAW AND

DECLARATION OF PUICHUN LI FOR PROPOSED AMICI CURIAE
ELECTED OFFICIALS, LEGAL SERVICES, HOUSING,
FIREFIGHTERS UNION, AND OTHER ADVOCACY ORGANIZATIONS,
AND INTERESTED NEW YORK CITY RESIDENTS IN OPPOSITION
TO PLAINTIFFS’ MOTIONS FOR A PRELIMINARY INJUNCTION

PLEASE TAKE NOTICE that for the reasons set forth in the accompanying

Memorandum of Law in Support of the Motion of Amici Curiae for Leave to File the

Memorandum of Law in Opposition to Plaintiffs’ Motions for a Preliminary Injunction, New

York State Senator Liz Krueger, New York State Senator Brad Hoylman, Manhattan Borough

President Gale Brewer, New York State Assembly Member Linda Rosenthal, New York State

Assembly Member Richard N. Gottfried, New York State Assembly Member Deborah J. Glick,

New York State Assembly Member Harvey Epstein, the Community Development Project at the

Urban Justice Center, Uniformed Firefighters Association of Greater New York, Local 94
 Case 1:18-cv-07712-PAE Document 37 Filed 10/01/18 Page 2 of 4

U.A.F.F., AFL-CIO, Housing Conservation Coordinators, Inc., Inside Airbnb, Goddard

Riverside Law Project, Association for Neighborhood & Housing Development, St. Nicks

Alliance, Westside Neighborhood Alliance, West 47th Street Tenant Association, Mobilization

for Justice, Inc., The Legal Aid Society, and several interested New York residents (collectively,

the “Amici”), by and through the undersigned counsel, will respectfully move this Court, before

the Honorable Paul A. Engelmayer, United States District Judge for the Southern District of New

York, in Courtroom 1305 of the United States Courthouse, located at 40 Foley Square, New

York , New York, 10007, on a date to be determined, for leave to file the Memorandum of Law

in Opposition to Plaintiffs’ Motions for a Preliminary Injunction (“Amici’s Memorandum of

Law”) and Declaration of Puichun Li with exhibits from elected officials, legal services, housing,

firefighters union, and other advocacy organizations, and interested New York City residents (the

“Declaration”), attached hereto as Exhibit 1 and Exhibit 2, respectively, in opposition to

Plaintiffs’ Motions for a Preliminary Injunction enjoining Local Law 146 of 2018, codified as

New York City Administrative Code §§ 26-2101-5, in the above-captioned consolidated actions

(the “Motions”), and for such other relief as this Court deems proper.

Plaintiff Airbnb has consented to Amici’s filing. Plaintiff HomeAway did not respond to

the undersigned counsel’s request for consent to same. Defendant City of New York has

consented to Amici’s filing.

The Amici believe that Amici’s Memorandum of Law and the Declaration and

accompanying exhibits provide important and unique information that would assist the Court in

assessing the Motions, because Amici are:

(1) elected officials who (a) have constituents who are directly affected by the
advertisement and conversion of permanent dwelling units in New York City
to short-term rentals, and (b) have a unique perspective that may assist the
Court in considering the significant negative impact that Plaintiffs’ proposed

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injunction against Local Law 146 would have on the lives of permanent
residents and visitors to New York City in that they were involved in the
efforts to amend the Multiple Dwelling Law (“MDL”) in 2010 and again in
2016;

(2) legal services and housing advocacy organizations which have each been
involved in safe-guarding rights of New York City residents, including tenants
or members of the communities who are impacted by the advertisement and
conversion of permanent dwelling units in their buildings to short-term
rentals;

(3) a non-profit firefighters union that has serious concerns about the rampant
proliferation of illegal short-term rentals in units that lack the required fire
safety measures, such as fire alarms, sprinkler systems, and evacuation plans;
and

(4) interested New York City residents who have been and are themselves
personally affected by the advertisement and conversion of permanent
dwelling units in New York City to short-term rentals.

All of the Amici submit that they have a unique perspective that may assist the Court in

considering the significant negative impact that the Motions enjoining the needed reporting

provided to the City by Local Law 146 would have.

Under these circumstances, the Amici respectfully request that this Court enter an Order

granting proposed Amici Curiae:

(1) status in this matter;

(2) leave to file the attached Amici’s Memorandum of Law (Exhibit 1) and
Declaration with accompanying exhibits (Exhibit 2) in opposition to
Plaintiffs’ Motions for a Preliminary Injunction enjoining Local Law 146 of
2018; and

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(3) such other relief as this Court deems proper.

Dated: New York, New York

October 1, 2018

/S/
Reena Arora
Puichun Li (pro hac admission pending)
COMMUNITY DEVELOPMENT PROJECT AT THE
URBAN JUSTICE CENTER
123 William St., 16th Floor
New York, NY 10038
(646) 459-3038

Attorneys for Amici Curiae