7a Initial Petition

FILED: NEW YORK COUNTY CLERK 05/01/2019 12:23 AM INDEX NO.
450574/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/01/2019
CIVIL COURT OF THE CITY OF NEW YORK

BRONX COUNTY: HOUSING PART H, ROOM 560
-----------------------------------------------------X
WILMER RODRIGUEZ, MONSERRATE RODRIGUEZ,
LILIAN JESUS VASQUEZ, FLORENCIO JESUS Index No. HP
VILLA, ENGLAND TORRES, CARIDAD
MALDONADO, ROCHELLE JOHNSON, REV. NOTICE OF PETITION
LEANDER HARDAWAY, IKUKO HARDAWAY, FOR APPOINTMENT OF
PETRA RAMOS, EVELYN GARCIA, MARIA ADMINISTRATOR
RODRIGUEZ, JOSE DIAZ, IRINA DIAZ, YVONNE PURSUANT TO
PAGAN, MARIA L. LOPEZ, ZENAIDO ROSENDO, ARTICLE 7A OF THE
MARIALUISA VIDAL, MARY L. MARTINEZ, EDNA RPAPL
RIVERA, KATHERINE RIVERA, MARIA SANTANA,
CLARA WAINWRIGHT, BOBBY WA1NWRIGHT, Premises: 919 Prospect
RICHARD WAINWRIGHT, CERISE CAMPBELL, JOSE Avenue (a/lda Block No.
RIVERA, MARGARITA RAMOS, JUAN RODRIGUEZ 02677, Lot No. 0070)
Petitioners,
-against-
919 PROSPECT AVENUE LLC, AEGIS REALTY

MNGM CORP., SETH MILLER, FLUSHING SAVINGS
BANK, NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD, CITY OF NEW YORK, NEW
YORK CITY DEPARTMENT OF BUILDINGS, NEW
YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT OF THE
CITY OF NEW YORK
Respondents.
--- --------------X
PLEASE TAKE NOTICE that a hearing will be held at the Civil Court of the City of
New York, Bronx County, in Part H, Room 560 of the Courthouse at 1118 Grand Concourse,
Bronx County at 9:30 a.m. on December 16, 2016 on the annexed verified petition.
The petition prays for a final judgment:

FILED: NEW YORK COUNTY CLERK 05/01/2019 12:23 AM INDEX NO. 450574/2019
(i) appointing an administrator pursuant to Section 778 of the Real Property Actions
and Proceedings Law ("RPAPL") for the building located 919 PROSPECT
AVENUE BRONX, NEW YORK 10459;
(ii) directing that, pursuant to Section 776 of the RPAPL, the rents due on the date of
entry of said judgment from the Petitioning tenants and the rents due as of the
dates of service of said judgment on all other residential and nonresidential
tenants occupying the building from such other tenants be deposited with the
administrator;
(iii) directing that any rents to become due in the future from the Petitioners and from
all other tenants occupying the building be deposited with the administrator as they
fall due;
(iv) directing that the deposited rents be used, subject to the Court's direction, to the
extent necessary to remedy the conditions alleged in the petition herein and to
undertake work as authorized and outlined in Section 778(1) of the RPAPL;
(v) directing that the administrator or any other person who may be duly appointed as
administrator for the Subject Building at a later time be authorized to borrow
monies from the Department of Housing Preservation and Development of the
City of New York ("DHPD") for the purposes set forth in Section 778(1) of the
RPAPL and to enter into an agreement with DHPD for the repayment of those
monies;
(vi) authorizing DHPD to compute a statement of account and file a charge against the
subject premises pursuant to Section 778(1) of the RPAPL and Article 8 of
subchapter 5 of the Housing Maintenance Code of the City of New York;

(vii) finding that Respondents 919 Prospect Avenue LLC, Aegis Realty Mngm Corp.,
and Seth Miller (collectively, "Respondents-Owners") violated §27-2005(d);
"C"
(viii) issuing Class violations based on the violation of §27-2005(d);
(ix) ordering Respondents-Owners to immediately correct the conditions giving rise to
the violation of §27-2005(d);
(x) ordering Respondents-Owners to refrain from violating §27-2005(d);
(xi) directing Respondents-Owners to pay a civil penalty of no less than $2,000 and no
more than $10,000 for each dwelling unit wherein a violation of §27-2005(d)
occurred; and
(xii) providing such other and further relief as the Court may deem just and proper,
attorneys'
including an award of fees;
Or, in the alternative, for an order:
(i) directing Respondents-Owners to correct conditions set forth herein as well as any
and all other violations of the Housing Maintenance Code, Building Code and
Petitioners'
Multiple Dwelling Law that exist in apartments and the public areas
of the building;
(ii) directing Respondents-Owners to perform all repairs, in a code compliant
relocated"
manner, necessary to restore all "temporarily Petitioners to possession
of their permanent apartments;
civil penalties upon the Respondents-Owners pursuant to Section 27-

(iii) imposing
2115, et seq. of the Administrative Code for failing to correct the outstanding
violations of the Housing Maintenance Code, Building Code and Multiple
Dwelling Law within the time required by law; and

(iv) ordering the immediate restoration of all essential services;
(v) finding that the Respondents-Owners violated §27-2005(d);
(vi) issuing Class "C violations based on the violation of §27-2005(d);
(vii) ordering the Respondents-Owners to immediately correct the conditions giving
rise to the violation of §27-2005(d);
(viii) ordering the Respondents-Owners to refrain from violating §27-2005(d);
(ix) directing the Respondents-Owners to pay a civil penalty of no less than $2,000
and no more than $10,000 for each unit wherein a violation of §27-
dwelling
2005(d) occurred; and
(x) providing such other and further relief as the Court may deem just and proper,
including an award of attorney's fees.
PLEASE TAKE FURTHER NOTICE that the petition also prays that such administrator
or any other person who may be duly appointed as administrator for the subject premises at a
later time be authorized to borrow monies from DHPD for the purposes set forth in Section
778(1) of the RPAPL, and to enter into an agreement with DHPD for the repayment of those
monies, and that DHPD be authorized to compute a statement of account and file a charge
against the subject premises pursuant to Section 778(1) of the RPAPL and article 8 of subchapter
5 of the Housing Maintenance Code of the City of New York.
PLEASE TAKE FURTHER NOTICE that if at the time the petition is heard, the owner
or any mortgagee or lienor of record fails to interpose and establish a defense to the allegations
of the petition, a final judgment may be rendered as demanded in the petition and described
above in this notice of petition.

PLEASE TAKE FURTHER NOTICE that if this notice of petition is ser
least eight (8) days before the time at which it is noticed to be heard, you must
at least three (3) days before the petition is noticed to be heard by serving a copy
answer upon the

attorney
for the Petitioners and by filing
the original thereof, w
service, in the Office of the Clerk of the

Housing Part of the Civil Court of the
York, Bronx County. In addition, you must appear before the Court at the time
above set forth for the hearing.
Dated: New York, New York
December 3, 2016
Yours, etc.
A VEY El STEIN, ESQ.
URBAN JUSTICE CENTER

Stephanie Rudolph, Esq., O
Michael Leonard, Esq., Of
Addrana Montgomery., Of
16th
123 William St., FlOOr
New York, New York 10038
Tel.: (646) 459-3009
Fax: (212) 533-3598


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WILMER RODRIGUEZ, MONSERRATE RODRIGUEZ, Index No. HP
LILIAN JESUS VASQUEZ, FLORENCIO JESUS
VILLA, ENGLAND TORRES, CARIDAD VERIFED PETITION
MALDONADO, ROCHELLE JOHNSON, REV. FOR APPOINTMENT OF

LEANDER HARDAWAY, IKUKO HARDAWAY, ADMINISTRATOR
PETRA RAMOS, EVELYN GARCIA, MARIA PURSUANT TO
RODRIGUEZ, JOSE DIAZ, IRINA DIAZ, YVONNE ARTICLE 7-A OF THE
PAGAN, MARIA L. LOPEZ, ZENAIDO ROSENDO, RPAPL
MARIALUISA VIDAL, MARY L. MARTINEZ, EDNA
RIVERA, KATHERINE RIVERA, MARIA SANTANA, Premises: 919 Prospect
CLARA WAINWRIGHT, BOBBY WAINWRIGHT, Avenue (a/k/a Block No.
RICHARD WAINWRIGHT, CERISE CAMPBELL, JOSE 02677, Lot No. 0070)
RIVERA, MARGARITA RAMOS, JUAN RODRIGUEZ
Petitioners
-against-

MENTAL HYGIENE, AND DEPARTMENT OF
HOUSING PRESERVATION AND DEVELOPMENT
OF THE CITY OF NEW YORK
Respondents
-----------------------------------------X
We, the above named petitioners, allege as follows:
1. We are each tenants in occupancy of apartments at 919 Prospect Avenue
Bronx, New York 10459 (also known as 830 East 163rd Street Bronx, New York 10459)
("Subject Building"), a multiple dwelling which, upon information and belief, consists of
"A"
35 Class residential dwelling units. The Department of Housing Preservation and
(1)
"A"
Development ("DHPD") has, however, registered the premises as having 37 Class
dwelling units. (The DHPD Multiple Dwelling Registration is annexed as Exhibit A
hereto.
2. We seek the appointment of an administrator for the Subject Building
pursuant to Article 7A of the Real Property Actions and Proceedings Law ("RPAPL").
L THE PETITIONERS AND THE SUBJECT BUILDING'S OCCUPANCY
"A"
3. Upon information and belief, there are 35 total Class residential
units at the Subject Building.1

dwelling
4. Upon information and belief, the Super occupies one of the 35 units,
Apartment #4F. (Affidavit of Anna Burnham ("Burnham Affidavit") at ¶ 9(d)).
5. Upon information and belief, five (5) of the 35 units do not have a tenant
of record. However, two (2) of those five (5) vacant units serve as relocation apartments
for rent-regulated tenants displaced due to the partial demolition of their permanent units
at the Subject Building. (See Burnham Affidavit at ¶ 9(c)). Upon information and belief,
Respondents-Owners have authorized these relocations but no formal written contracts
have been executed between the Petitioners and Respondents-Owners. All DOB, ECB,
Stop Work Orders and DOB Vacate Orders are annexed hereto as Exhibit B.
a. Upon information and belief, the previously-vacant Apartment 4D is
temporarily occupied by the residents of Apartment 3E (tenant of record,
Zenaido Rosendo). Currently, Apartment 3E does not have a functional
bathroom. (See Burnham Affidavit at ¶ 9(b) & ¶l 4(b)).
"A"
There are 37 class units registered on the DHPD website but, upon information and belief, there are
"A"
only 35 class units at the Subject Building. (See Affidavit of Anna Burnham at ¶ 9(a)).
(2)
b. Upon information and belief, Apartment A (formerly the Super's apartment)
is temporarily occupied by the tenants permanently residing in Apartment 2A
(Tenant of Record, Rev. Leander Hardaway). Currently, Apartment 2A
requires major renovations and four (4) of Reverent Leander Hardaway's
children have asthma such that they cannot remain in the unit during
renovations. (S_ee Burnham Affidavit at ¶ 9(c)).
6. Upon information and belief, at least four (4) of the occupied apartments
Site"
at the Subject Building are occupied by participants of the New York City "Cluster
2
Program and/or Scatter Site Housing Program (SSHP). (See, Burnham Affidavit at ¶
9(e)).Upon information and belief, all of the Petitioning apartments are rent-regulated.
7. Upon information and belief, the Petitioner from Apartment 1G has lived
at the Subject Building with her family for two (2) years as a subtenant of Housing
Services Incorporated, a non-profit service provider and a participant in the Cluster Site
Program and/or SSHP.
8. Upon information and belief, Petitioners number 29 persons, occupying 19
of the 29 occupied apartments3; accordingly, Petitioners constitute at least one-third of
the dwelling units in occupancy of the Subject Building.
2 Site,"
While most programs intended to house formerly homeless New Yorkers employ the term "Cluster
Program"
some programs may still use the previous nomenclature "New York City Scatter Site Housing
Site"
(SSHP). For the purposes of this Petition, "Cluster and SSHP will be used interchangeably.
3 apartment"
This "occupied count does not include the super's unit or the two previously vacant
apartments serving as temporary apartments for relocated tenants and occupants.
(3)
9. Upon information and belief, there are also six (6) occupied commercial
units in the buildings and one (1) vacant commercial unit (Unit IB, formerly a dentist's
vacant).4
office is currently (See, Burnham Affidavit at ¶ 9(f)).
Petitioners'
10. A list of the names, their apartment numbers and monthly rent
is annexed hereto as Schedule A.
H. THE RESPONDENTS
A. RESPONDENTS-OWNERS:
11. Upon information and belief, 919 PROSPECT AVENUE LLC is the
owner of the Subject Building, which was last registered with DHPD pursuant to Sections
27-2097, et seq. of the Administrative Code of the City of New York. (h Exhibit A).
Upon information and belief, 919 PROSPECT AVENUE LLC is also the grantee of the
last deed of record affecting the Subject Building. The Deed for the Subject Building is
annexed hereto as Exhibit C.
12. Upon information and belief, SETH MILLER is the Head Officer of 919
PROSPECT AVENUE LLC as well as the managing agent, and partner member of the
ownership entity for the Subject Building. (h Exhibit A).
13. Upon information and belief, AEGIS REALTY MNGM CORP is the
managing agent of the Subject Building in addition to SETH MILLER. (h Exhibit A).
14. Together, Respondents 919 PROSPECT AVENUE LLC, SETH MILLER,
"Respondents-Owners."
and AEGIS REALTY MNGM shall be referred to herein as
B. RESPONDENT-MORTGAGE HOLDER
4 "dwellings"
These commercial units are not pursuant to RPAPL § 782. Accordingly, the commercial
units do not count towards the one-third threshold required under RPAPL § 770(1).
(4)
15. Upon information and belief, the mortgage holder of the Subject Building
is FLUSHING SAVINGS BANK and/or FLUSHING BANK5. The mortgage is annexed
hereto as Exhibit D.
C. RESPONDENTS-LIENORS:
16. Upon information and belief, there are three lienors of record. The title
search is annexed hereto as Exhibit E.
a. The NEW YORK CITY ENVIRONMENTAL CONTROL BOARD located at
66 John Street, New York, New York 10038;
b. The CITY OF NEW YORK, located at 100 Gold Street, Room 6-01, New
York, New York 10038; and
c. The DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT located at 100 Gold Street, New York, New York 10038.
D. RESPONDENTS-AGENCIES:
17. Respondent NEW YORK CITY DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT ("DHPD") is also the agency of the City of
New York charged with enforcing the various laws, rules, and regulations pertaining "to
the maintenance, use, occupancy, safety or sanitary condition of any building or portion
thereof which is occupied, arranged or intended to be occupied as a home, residence or
place."
dwelling N.Y. City Charter § 1802[1].
18. Respondent NEW YORK CITY DEPARTMENT OF BUILDINGS
("DOB") is the agency of the City of New York charged with enforcing, "with respect to
buildings and structures, such provisions of the building code, zoning resolution, multiple
5 Bank"
Upon information and belief, Flushing Savings Bank has changed its named to "Flushing since
Respondents-Owners took out their mortgage in 2012 (See Exhibit D) https://www.f'esingbañk com/.
(5)
dwelling law, labor law and other laws, rules and regulations as may govern the
construction, alteration, maintenance, use, occupancy, safety, sanitary conditions,
city."
mechanical equipment and inspection of buildings or structures in the N.Y. City
Charter § 643.
19. Respondent NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE ("DOHMH") is the agency of the City of New York with
York,"
"jurisdiction to regulate all matters affecting health in the city of New and is
charged with the "[e]nforce[ment of] all provisions of law applicable in the area under the
jurisdiction of the department for the preservation of human life, for the care, [and]
."
promotion and protection of health . . N.Y. City Charter § 556.
III. CONDITIONS DANGEROUS TO HEALTH, LIFE AND SAFETY OF

PETITIONERS AND THEIR OCCUPANTS
20. Conditions dangerous to life, health and safety exist and have existed in
the Subject Building for a period of five (5) days or more. These conditions include, but
are not limited to, those described in Schedule B (common area conditions) and
Schedule C (individual apartment conditions) annexed hereto.
21. Such conditions include apartments without functional bathrooms (no
toilet, sink, shower), inadequate heat and hot water, structural instability, mold, water
leaks, badly damaged ceiling and walls, lead paint, mice, rats, roaches, and bedbugs. The
DHPD Open Violation Sunüñary Report December 1, 2016 is annexed hereto as Exhibit
F.
22. Upon information and belief, as of December 1, 2016 there were currently
at least 271 open violations of record of the Housing Maintenance Code in the building,
(6)
"C" "B" "A"

including 86 Class violations, 144 Class violations, 38 Class violations, and
"I"
3 Class violations. (See Exhibit F).
"C"
23. The Class violations include lead paint, rats, defective concrete
"C"
ceilings in the common area vestibule, water leaks, Class paint and plaster violations,
"C"
missing bathtubs, sinks, and toilets, Class mold (at least 30 square feet) violations,
rusting bathtubs, broken floors, broken wall tiles, defective bathtub faucets, sealed off
bathroom doors, lack of electrical services, and a leaking roof (S_ee Exhibit F).
"I"
24. The Class violations include a vacate order on apartment 5D (vacate
#125988) as well as 4D (vacate # 125988) due to fire damage. (S_ee Exhibit F).
25. Upon information and belief, Respondents-Owners have violated
Petitioners' occupants'
and their right to peaceably enjoy their apartment through
repeated interruption of services, illegal construction, as well as the failure to cure
hundreds of housing code violations at the Subject Building.
26. In October of 2016, the DOHMH placed lead dust violations at the Subject
Building after reports of unsafe and illegal construction. A true copy of the lead dust test
and inspection report of the DOHMH dated October 2016 are annexed hereto as Exhibit
G.
27. The Subject Building entered into DHPD's Alternative Enforcement
Program ("AEP") in 2013, and, upon information and belief, remains in the program as to
date. A true copy of DHPD's list of 2013 Alternative Enforcement Program Buildings is
annexed hereto as Exhibit H. (See Also Exhibit F: Class I Violation # 9721846)
28. Upon information and belief, Mr. Miller has been named "Worst
Landlord"
in the Bronx but the New York City Public Advocate's Office. Annexed
(7)
hereto as Exhibit I is a true copy of the Public Advocate's Landlord Watch List website
for the Bronx.
29. Upon information and belief, DHDP commenced a comprehensive case
against Respondents-Owners (HP No. 59203/12) at the Subject Building in 2012.
Currently, DHPD also has an ongoing comprehensive case against Respondents-Owners
at the Subject Premises that, upon information and belief, has been restored for criminal
contempt and will be heard on December 15, 2016 (HP No. 032940/15). Despite these
"C"
cases, there remains 271 violations, including 86 Class immediately hazardous
"I"
violations, and 3 Class violations, including two (2) DHPD vacate orders for
apartments 4D and 5D. (See Exhibit F).
(a) STRUCTURAL DANGERS AT THE SUBJECT BUILDING
30. In addition to the violations described in Exhibit F and conditions
described in Schedule C, upon information and belief, there are hazardous structural
Petitioners' occupants'
conditions at the Subject Building that could jeopardize and
health, life and safety. Annexed hereto is the affidavit of Doug Timmons, a former
director of DHDP's Building Rehabilitation Monitoring Unit, and a construction
supervisor with more than 30 years of experience inspecting and renovating residential
apartments in both private and public housing buildings.
31. On November 16, 2016, Mr. Timmons inspected the common areas as
well as Apartments 4E and 5F of the Subject Building.
32. Mr. Timmons recommended in his inspection that no further work occur at
the Subject Building unless and until (i) a structural engineer prepares plans with DOB;
(ii) DOB approves those plans, and; (iii) an expert is assigned to oversee all work.
(8)
Finally, Mr. Timmons recommends that each apartment receive a thorough inspection by
a structural engineer. (See_Timmons Affidavit at ¶ 22-25).
33. In addition to the DHPD vacate orders on apartments 4D and 5D, DOB
has also placed a partial vacate order placed on the Cellar. (h Exhibit F: DHPD
Violations, Class "I"; See also Exhibit B: DOB partial vacate orders).
34. Upon information and belief, there are 12 open Environmental Control
Board ("ECB") violations place on the Building, three (2) of which ECB placed for
illegal construction without a permit. (See Exhibit B).
35. DOB has placed seven (7) currently open violations at the Subject
Building. (See Exhibit B: DOB Violations).
36. Upon information and belief, Respondents have performed illegal and
dangerous construction at the Subject Building. (See Exhibits B, F, & G); (h
Timmons Affidavit at § II).
37. As described in paragraphs 41-42, infra, Apartments IC, ID, 1E, 2A, 3E
and 4E have had, and continue to have, no access or only partial access to their bathroom
(See e.g. Exhibit B: DOB stop work order and ECB-DOB violations for Apartment 3E).
38. In Apartment 4E, Mr. Timmons, the construction specialist who inspected
the Subject Building on November 16, 2016, observed an unfmished renovation site in
which Respondents-Owners had sealed off access to the bathroom. He also observed an
open ceiling. Mr. Timmons reported that no work had occurred for three (3) months, and
that since renovations began, the apartment has not been fit for human habitation. (See
Timmons Affidavit at ¶ 11-15)
(9)
39. DOB and ECB have also placed a number of violations for illegal work at
the premises:
DATE VIOLATION NUMBER VIOLATION TYPE

10/22/16 DOB: 102216C03EH02 Work without a permit in Apartment 3E
ECB: 3516781IX
10/22/16 DOB: 102216C03EH03 Work without a permit in Apartment 1D

ECB: 35167812H
9/28/2016 DOB: 102216C03EH02 Partial stop work order in Apt 3E-Appx 50% of
ECB: 3516781IX work done without a permit.
9/29/2015 DOB: 092915EE203RID07 Unapproved unsafe/electrical wiring in

ECB: 35159260Z Apartment 2D
4/23/2015 DOB: 043015CSTFCH01,03 Partial Vacate - Area of apartment that

building
ECB: 35128536Z;35128539Y should be used for the super is being rented out
to individuals.
(See Exhibit B).
(b) DEPRIVATION OF BATHROOMS AND FORCED RELOCATION VIA ILLEGAL

CONSTRUCTION
40. Upon information and belief, Respondents have gained access to
Petitioners' repairs"
apartments in order to perform "routine but have instead conducted
illegal demolition, posing a danger to the health, life and safety of Petitioners and their
families as well as depriving them of use of their bathrooms. (S_ee Exhibits B, F & G).
Petitioners'
41. Due to Respondents unlawful demolition of portions of
apartments and/or other renovations, several Petitioners and their families have been
forced to relocate without any or adequate compensation. (See Burnham Affidavit at ¶
14).
a. Apartment 4E: Clara Wainwright, the Tenant of Record of Apartment 4E, a
senior citizen (age 72), temporarily relocated outside the Subject Building to
an apartment provided by Banana Kelly Community Improvement
Association, Inc., a local not-for-profit community development corporation,
(10)
on November 1, 2016. Her younger brothers, Petitioners Richard Wainwright
and Bobby Wainwright continue to live in unit 4E without use of their
bathroom. Photos of various apartments, including 4E are annexed hereto as
Exhibit J. (SSee_Timmons Affidavit at § I; Burnham Affidavit at ¶ 14(a)).
b. Apartment 3E: Beginning in September of 2016, the Respondents-Owners
temporarily relocated the Petitioners and occupants of Apartment 3E to
Apartment 4A. Then on November 29, 2016, the Respondents-Owners forced
the family to move to a second relocation apartment located within the Subject
Building (Apt 4D). DHPD has placed a Class I violation on Apartment 4D
(vacate order). This family includes six (6) children, five (5) of whom are
seven (7) years of age or younger. Apartment 3E currently does not have a
functional bathroom. DOB has placed a stop work order for on the bathroom
of Apartment 3E. Even though the relocation apartments (4A) and (4D) have
a bathroom, neither has a working stove. (See Exhibit B: Stop work order;
Burilliaili Affidavit at ¶ 14(b)). With the consent of the Respondents-Owners,
Mr. Rosendo and his family return to Apartment 3E in order to cook meals or
"C"
use an electric hot plate. DHPD has also placed a Class violation for lead
paint in 2012 in Apartment 3E, and that violation remains outstanding to date.
(See_Exhibit F: DHPD violations; See Exhibit J for photos; See Burnham
Affidavit at ¶ 14(b)).
c. Apartment 1E: Petitioner England Torres and her five (5) children had no
bathroom for approximately six (6) weeks, beginning in September of 2016.
neighbors'
During the day, the family visited nearby relatives or apartments.
(11)
When the family needed to use the bathroom in the evening, they would use a
bucket, and small children received baths in the sink. Respondents-Owners
installed a bathtub and toilet during the week of November 21, 2016;
however, the bathroom still has no sink. (h Exhibit J for photos; Exhibit F:
Violations for Apartment IE; Burnham Affidavit at ¶ 14(d)).
d. Apartment 2A: The Reverend Leander Hardaway, his wife, and his five (5)
"A"
children have relocated to Apartment (formerly the Super's unit) due to a
rodent infestation, bathroom mold, and structural concerns with the bathroom
ceiling that the Respondents-Owners stated could not be cured without
relocation. Because four (4) of the Reverend Hardaway's minor children have
asthma, the family agreed to relocate, and has lived in Apartment A since
November 26, 2016. The six (6) family members are living in only two (2)
bedrooms in Apartment A; their permanent apartment (2A) is a three-bedroom
unit. On Monday November 28, 2016, agents of Respondents-Owners
demolished the bathroom in Apartment 2A and work has not continued since
that date (See, Exhibit F: Violations for Apartment 2A).
42. Upon information and belief, the tenants and occupants of Apartment 1D
only have partial use of their bathroom. In late June of 2016, Respondents-Owners
removed Apartment 1D's bathroom sink, as well as one of the bathroom walls.
Respondents have yet to complete the work, leaving the family with no bathroom sink.
(See Exhibit J for photos). Construction work in this household likely poses a grave risk
to the children living in the home. Several young children live in Apartment 1D, and at
least one (1) child, aged one (1), has tested positive for lead poisoning, scoring a lead
(12)
level of 8 ug/dl. A redacted copy of a child occupant's lead report is annexed hereto as
Exhibit K. (See Exhibit B: ECB violation # 35167812H & DOB violation
#102216C03EH03 for work without a permit in bathroom of ID; See Also Burnham
Affidavit at ¶ 14(c).
43. Upon information and belief, at this time Apartments 1A and 3E do not
have consistent access to a working stove. See Burnham Affidavit at ¶ 19).
(c) LEAD POISONING AND LEAD PAINT VIOLATIONS
44. Due to illegal and reckless construction, upon information and belief, the
DOHMH found elevated levels of lead dust at the Subject Premises, posing a severe
danger to health, life and safety of residents, especially young children.
45. As outlined in paragraph 42, supra, a one-year old child living in
Apartment ID has tested positive for lead poisoning, scoring a lead level of 8 ug/dl. (See,
Exhibit K; Burnham Affidavit at ¶ 14(c)). Upon information and belief, the child has
lived in the household since birth.
46. In addition, upon information and belief, more young children living at the
Subject Building have been tested for suspected lead poisoning but the results of those
tests are not yet available. (he Exhibit G & Exhibit K).
47. DOHMH performed an inspection and conducted testing on October 4,
2016. Dust swabs revealed elevated level of lead dust at the Subject Building due to
5th
unsafe construction practices. For example, the floor public hallway steps and floor
showed a dust level of 260 ug/ft2, or 6.5 times the legal levels. DOHMH swab tests also
4th
revealed elevated lead dust levels on the floor hallways stairs/floor (See Exhibit G at
14).
(13)
48. In addition to elevated levels of lead dust discovered within the common
areas of the Subject Building, DOHMH's inspector noted unsafe work practices
described as follows:
Visited the above address to conduct an inspection on a complaint regarding

generation of dust in the building due to construction. Access was gained into
building. A visual walk-through inspection was conducted through floors 1-5.
Visible construction dust was observed on floors and on window sills through
floors 1-5. Thirteen dust Wipe samples were taken including a blank. I spoke to
workers on site and instructed them to follow safe work practices and to clean.
Plastic containment flaps were not provided for doorways of vacant apartments. I
spoke to building Superintendent, Ramon and instructed him to enforce safe work
practices . . .
(he Exhibit G at 10).
49. As described in paragraph 42 supra, a child residing in apartment 1D, aged
one (1) year, has been tested for lead poisoning and tests reveal elevated levels of lead in
his/her blood (8 ug/dl). (See Exhibit K).
50. A blood lead level of 8 ug/dl, such as the level demonstrated by the child
in Apartment 1D poses a very significant danger to the health and development of
Petitioner Vasquez's child. The diverse and often severe injuries to young children from
lead ingestion are generally irreparable, and indeed, current science has now found that
even very low blood lead levels, "as low as two (2) micrograms per deciliter ("µg/dL") in
children under seven (7) years old lowers IQ, stunts growth and causes behavioral
problems."
Williamsburg Around the Bridge Block Ass'n v. Giuliani, 223 A.D.2d 64, 66
(l"
Dep't 1996); see also Lanphear, Cognitive Deficits Associated with Blood Lead
Concentrations < 10 µg/dL in US Children and Adolescents, 115 Public Health Reports
521-29 (Nov.-Dec. 2000) (fmding a one point decrement in reading scores for every 1
µg/dL increase in blood lead level above 1.0 µg/dL); Lanphear, Subclinical Lead Toxicity
(14)
in U.S. Children and Adolescents, 47 Pediatric Research (4) 152A (2000); NYCCELP
v. Vallone, 100 N.Y. 2d 337, 342-43 (2003) ("Even low levels of blood lead have been
linked to diminished intelligence, decreased stature or growth and loss of hearing
acuity"),
level"
51. The federal Center for Disease Control ("CDC") uses the "reference
of 5 ug/dL to identify children whose blood lead levels are much higher than most
children's levels and recommend initiation of public health actions. See, President's
Task Force on Environmental Health Risks and Safety Risks to Children, Key Federal
Programs to Reduce Childhood Lead Exposures and Eliminate Associated Health
Impacts, Nov. 2016, at 2, 7.6
'safe'
52. The CDC has noted the "data demonstrating that no threshold for
identified."
blood lead levels in young children has been CDC, Preventing Lead
2005);7
Poisoning in Young Children, (August See Also, Lidsky, Schneider, Lead
Neurotoxicology in Children: Basic Mechanisms at Clinical Correlates, 126 Brain 5-19
(2003), at 15,16 (reporting "effects of lead occur at concentrations several orders of
than"
magnitude lower 10 µg/dL and concluding that the "existing literature indicates that
the safe level of lead in the blood has not yet been identified.").
53. In at least seven (7) apartments at the Subject Building, DHPD has placed
"C"
Class violations for lead paint. These apartments include 1D, 2B, 3D, 3E, 4F, 4G,
5A.8
and
6 available at
https://ptfeeh.niehs.nih.gov/features/assets/files/key_federal programs_to reduce_childhood_lead_exposur
es_and_eliminate_associated_health_impactspresidents_508.pdf.
7 available at www.cde.gov/nceh/lead/Publications/PrevLeadPoisoning.pdf.
8 While
apartments 2B, 4F, 5A, and 3D are not Petitioning apartments, construction performed in these
units, given the presence of lead paint, may pose a danger to the health, life and safety of tenants and
occupants of Petitioning apartments.
(15)
Apt. Violation Date Reported Violation No. Status of

Violation
2B Class C-Lead Paint 10/26/11 9180772 Overdue
4G Class C-Lead Paint 3/12/12 9362918 Overdue
5E Class C-Lead Paint 6/12/12 9472512 Overdue
3E Class C-Lead Paint 7/11/12 9502262 Overdue
3D Class C-Lead Paint 1/29/14 10116055 Overdue
4G Class C-Lead Paint 5/1/14 10231356 Overdue _

4G Class C-Lead Paint 5/1/14 10231358 Overdue
4F Class C-lead Paint 1/30/15 10530094 Overdue
4F Class C-Lead Paint 1/30/15 10530093 Overdue
4F Class-C Lead paint 1/30/15 10530092 Overdue
5A Class C-Lead Paint 2/16/15 10574730 Overdue
4F Class C- Lead Paint 11/19/15 11012720 Overdue
4F Class C-Lead Paint 11/19/15 11012723 _Overdue
(D) DEPRIVATION OF HEAT AND HOT WATER
54. Upon information and belief, Respondents-Owners have deprived
Petitioners and their occupants of consistent heat and hot water. In November of 2016,
early into the heating season, DHPD has already placed two (2) heat and hot water related
"C"
Class violations for failure to provide hot water in Apartment IE (Violation
#11494219) and a defective radiator in Apartment 1F (#11494219) (See Exhibit F).
55. In 2012, during the first winter Respondents-Owners had deed to the
Subject Building, upon information and belief, DHPD initiated two (2) heat and hot water
cases against Respondents-Owners (HP No. 21428/12 and HP No. 75871/12). To date,
the inadequate provision of heat and hot water continues to pose a danger to health, life
and safety of Petitioners and their occupants.
(16)
56. Upon information and belief, Respondents-Owners provide only a small
amount of heat in the morning and a small amount in the evening, causing a lack of heat
and hot water throughout various portions of the day and night.
57. There are also numerous ECB/DOB violations related to the boiler at the
Subject Building. (See Exhibit B).
DATR VIOLATION NUMBER VIOLATION TYPE

10/1/15 DOB 100115LBLVIO03622 Failure to file annual boiler 2014 inspection report.
3/13/2015 DOB: 030315LBLVIO04882 Failure to file annual boiler 2013 inspection report.
5/15/2014 DOB: 051514LBLVIO07438 Failure to file annual boiler 2012 inspection report.
12/31/2009 DOB: 123109LBLVIO06710 Low pressure boiler
8/1/2007 DOB: 080107BTEMP01 Failure to maintain boiler (A)

ECB: 32052101M
1/24/2007 DOB: 012407B1942001 Failure to maintain boiler - Hazardous

(A)
ECB: 32053128R
2/13/2004 DOB: 021304LL629108191 Low pressure boiler
(E) BROWN WATER
58. Upon information and belief, building-wide, the water faucets in the
kitchens and bathrooms release brown, murky water. (See Burnham Affidavit at ¶ 17).
IV. RESPONDENTS-OWNERS HAVE ENGAGED IN HARASSMENT

NECESSITATING THE APPOINTMENT OFAN ADMINISTRATOR
PURSUANT TO ARTICLE 7-A OF THE RPAPL.
59. Respondents-Owners have engaged in harassing conduct sufficient to
necessitate the appointment of an RPAPL 7-A Administrator pursuant to RPAPL §
services"
770(1). This conduct includes "continued deprivation of and constructive
evictions.
Respondents-Owners'
60. harassing conduct includes, but is not limited to,
repeated service disruptions in violation of NYC Admin Code 27-2004 § (48)(b), and
(17)
quiet"
others acts meant to "disturb the comfort, repose, peace, or of tenants and their
occupants as well as acts "intended to cause any person lawfully entitled to occupancy of
a dwellings unit to vacate. . . or to surrender or waive any right in relation to such
occupancy."
NYC Admin Code 27-2004 § (48)(g).
tenants'
61. By removing bathrooms as described above in paragraphs 40-43
supra, depriving tenants of stoves, failing to correct hundreds of violations, performing
illegal construction, and failing to provide heat and hot water, Respondents-Owners have
cause" waive"
"intended to tenants and lawful occupants "to vacate. . . surrender. or their
occupancy rights in contravention of NYC Admin Code §27-2005(d). (See Burnham
Affidavit at ¶ 19)).
62. Upon information and belief, Respondents-Owners have engaged in this
harassing course of conduct in order to displace rent-regulated tenants and to remove
units from rent-regulation and increase rents.
63. Upon information and belief, after unlawfully harassing rent-regulated
tenants such that they vacate their apartments, Respondents-Owners then negotiate
contracts with the New York City Department of Homeless Services (DHS) and other
non-profit service providers to rent the units to formerly homeless occupants participating
in the New York City Cluster Site Program/SSHP.
64. Through the Cluster Site Program, upon information and belief,
Respondents-Owners have been able to increase rents in excess of the amounts that the
rent stabilization code would otherwise permit.
65. As described in a 2015 report by the New York City Department of
Investigation (DOI), DHS found that the average nightly rate for an apartment in a
(18)
Cluster Program is $81.71 or $2,451/month. By comparing the rate provided to landlords
with Cluster Site units to average rents in the same areas, "DOI concluded that the City is
conditions."9
paying two to three times market rate for these substandard living
66. Upon information and belief, Respondents-Owners currently have at least
four (4) units at the Subject Building in the Cluster Site Program/SSHP.
Respondents-Owners'
67. Upon information and belief, due to renting
apartments to transient Cluster Site Program participants, the Subject Buildings has
experieñced an increase in foot traffic and a concomitant need for janitorial services and
services.IO
security. Respondents-Owners, however, have failed to provide such
68. Upon information and belief, Respondents-Owners have failed to maintain
adequate janitorial services at the Subject Building in accordance with this increased foot
traffic, and Petitioners and their occupants have encountered security issues due to the
broken intercom system. (See_Exhibit F; he Also Burnham Affidavit at ¶ 18).
69. Upon information and belief, the harassment necessitating an RPAPL 7-A
Administrator specifically involves the following acts and/or omissions by the
Respondents-Owners.
(a) HARASSMENT BY FAILING TO PROVIDE HEAT AND HOT WATER
9 Mark G. DOI INVESTIGATION OF 25 CITY-RUN

Peters, Commissioner, NYC Dep't of Investigation,
HOMELESS SHELTERS FOR FAMILIES FIND SERIOUS DEFICIENCIES, at 17 fn.89 (2015).
10
The increase in crime and debris in common areas of Cluster Site Program buildings is well documented.
DOI reported, "for clusters in particular, security in some locations is so lax that tenants feel unsafe in their
buildings...."
DOI further observed the conditions in common areas and individual apartments in Cluster
Site buildings: "DOI investigators observed
unsafe and iiiilicaliliy conditions including a dead rat in a
cluster apartment here four children
the decaying smell of which permeated
lived, the hallways; roaches
scattering as inspectors knocked on doors; garbage in the stairways and hallways; and in one location, a
elevator."
puddle of urine in the building's only functional Mark G. Peters, Commissioner, NYC Dep't of
Investigation, DOl INVESTIGATION OF 25 CITY-RUN HOMELESS SHELTERS FOR FAMILIES
FIND SERIOUS DEFICIENCIES, at i-ii (2015).
(19)
70. Upon information and belief, Respondents-Owners have willfully
deprived Petitioners and their occupants of consistent heat and hot water at the Subject
Building. (See Exhibit F).
71. Upon information and belief, Respondent Seth Miller has engaged in a
pattern and practice of depriving tenants of heat and hot water at both the Subject
Building as well as at other rent-regulated buildings that he owns or controls throughout
the City of New York.
72. Annexed heretofore as Exhibit L is a true copy of a 2015 housing court
decision by the Honorable Marina Cora Mundy finding Respondent Seth Miller in
contempt of court for depriving Brooklyn rent-stabilized tenants of heat and hot water
over the course of more than a year (HP No. 3300/13/HP No. 3301/13 for the premises
knowns as 930 and 940 Prospect Place Brooklyn, NY). The court order requires Mr.
Miller to pay DHDP $922,000 in civil penalties. A copy of a three-part New York Times
M.1I
series featuring these buildings is also annexed heretofore as Exhibit
73. DHPD has also commenced multiple HP actions against Respondent
Miller for failing to provide tenants with adequate heat and hot water in buildings owned
York.12
or controlled by him throughout the City of New
74. Upon information and belief, the following are DHDP-initiated HP actions
against Respondent Miller for the lack of heat and/or hot water in Manhattan, Brooklyn,
and the Bronx.
"
A notice of Appeal has been filed by both Petitioners and Respondents in this matter.
12
These are cases in which Mr. Miller is named. Any buildings registered only under the name of an LLC
or Management company would not appear in this list.
(20)
hdex $urnber Address

186th
HP No. 1756/04 511 West Street, MH DHPD initiated case heat and hot water
HP No. 491/05 3524 Broadway, MH DHPD initiated case heat and hot water
HP No. 24/05 736 Riverside Drive, MH DHPD initiated case Heat and hot water
HP No. 21428/12 919 Prospect Avenue, BX DHPD initiated case heat and hot water
HP No. 75871/12 919 Prospect Avenue, BX DHPD initiated case heat and hot water
HP No. 1514/13 940 Prospect Place, BK DHPD initiated case heat and hot water
HP No. 3219/13 930 Prospect Place BK DHPD initiated case heat and hot water
HP No. 1702/14 1616 Amsterdam Avenue, MH DHPD initiated case heat and hot water
HP No. 19991/15 8305 Review Place, BX DHPD initiated case heat and hot water
HP No. 19990/15 8301 Review Place, BX DHPD initiated case heat and hot water
HP No. 291005 930 Prospect Place, BK DHPD initiated case heat and hot water
(b) HARASSMENT BY UNLAWFUL DEMOLITION OF APARTMENTS AND FORCED
RELOCATIONS
75. As described in Paragraphs 40-43, supra, Respondents-Owners have
Petitioners'
engaged in unlawful demolition of apartments, and deprived Petitioners and
their occupants of basic services such as the use of their bathroom or stoves.
76. In these instances, the Respondents-Owners have represented to
repairs,"
Petitioners and their Occupants that workers would perform only "routine but
instead, workers have illegally demolished portions of their apartments and left them
without the use of their bathrooms for a period of months. (See Burnham Affidavit at ¶
13-14; See Also, Timmons Affidavit § I).
77. In several of these instances, Petitioners and their occupants have had no
choice but to temporarily relocate without adequate (or in some cases, any)
compensation. Apartments 2A and 3E are currently relocated within the Subject Building
(21)
and Petitioner Clara Wainwright of Apartment 4E temporarily relocated outside the
Subject Building. (See Burnham Affidavit at ¶ 14).
78. Upon information and belief, the dust from this construction makes it hard
for Petitioners, their occupants, and their guest to breath. (SSee Burnham Affidavit at ¶ 12;
Exhibit G at pg. 10, describing dusty conditions due to unsafe construction practices).
79. Upon information and belief, through this dangerous construction
practices, Respondents-Owners have engaged in a sustained pattern of harassment of the
Petitioners'
Petitioners, and invaded right to privacy and quiet enjoyment of their
apartments by performing this illegal construction.
(c) HARASSMENT BY RENT OVERCHARGE
80. Upon information and belief, Respondents-Owners are overcharging
Petitioners for rent in their apartments in contravention of the Rent Stabilization Law and
Code. Apartments alleging rent overcharges, include, but are not necessarily limited to:
Apartment 1D and 2A. Rent histories for these apartments are annexed hereto as Exhibit
N.
(d) HARASSMENT BY FAILING TO MAINTAIN THE PROPERTY
81. As described in Section III, supra, other dire conditions exist at the Subject
Building, including lead paint, lead dust, rats, roaches, mice bedbugs, structural damage,
mold, and lead paint. (See Exhibit F).
82. All of these actions in the aggregate, the suspension of services, the failure
to make timely repairs, and the harassing conduct justify the appointment of a 7-A
administrator.
WHEREFORE, we respectfully request that a fmal judgment be entered:
(22)
i. Appointing an administrator for the building pursuant to Section 778 of
the RPAPL for the building located 919 PROSPECT AVENUE, BRONX, NEW YORK
10459;
ii. Directing that, pursuant to Section 776 of the RPAPL, the rents due on the
date of entry of said judgment from the Petitioning tenants and the rents due of the dates
of service of said judgment on all other residential and nonresidential tenants occupying
the building from such other tenants be deposited with the administrator;
iii. Directing that any rents to become due in the future from the Petitioners
and from all other tenants occupying the building be deposited with the administrator as
they fall due;
iv. Directing that any rents be used, subject to the Court's direction, to the
extent necessary to remedy the conditions alleged in the petition herein and to undertake
work as authorized and outlined in Section 778(1) of the RPAPL;
v. Directing that the administrator or any other person who may be duly
appointed as administrator for the subject premises at a later time be authorized to borrow
monies from HPD for the purposes set forth in Section 778(1) of the RPAPL and to enter
into an agreement with HPD for the repayment of those monies;
vi. Authorizing DHPD to compute a statement of account and file a charge
against the subject premises pursuant to Section 778(1) of the RPAPL and Article 8 of
subchapter 5 of the Housing Maintenance Code of the City of New York;
vii. Finding that Respondents-Owners violated §27-2005(d);
"C"
viii. Issuing Class violations based on the violation of §27-2005(d);
(23)
ix. Ordering Respondents-Owners to immediately correct the conditions
giving rise to the violation of §27-2005(d);
x. Ordering Respondents-Owners to refrain from violating §27-2005(d);
xi. Directing the Respondents-Owners to pay a civil penalty of no less than
$2,000 and no more than $10,000 for each unit wherein a violation of §27-
dwelling
2005(d) occurred, and;
xii. Providing such other and further relief as the Court may deem just and
proper.
IN THE ALTERNATIVE, we respectfully request that a final judgment be
entered:
i. Directing Respondents-Owners to correct conditions set forth herein as
well as any and all other violations of the Housing Maintenance Code,
petitioners'
Building Code and Multiple Dwelling Law that exist in
apartments and the public areas of the building;
ii. Directing Respondents-Owners to perform all repairs, in a code compliant
relocated"
manner, necessary to restore all "temporarily Petitioners to
possession of their permanent apartments;
iii. Imposing civil penalties upon the Respondents-Owners pursuant to
Section 27-2115, et seq. of the Administrative Code for failing to correct
the outstanding violations of the Housing Maintenance Code, Building
Code and Multiple Dwelling Law within the time required by law;
iv. Ordering the immediate restoration of all essential services;
v. Finding that the Respondents-Owners violated §27-2005(d);
(24)
"C"
vi. Issuing Class violations based on the violation of §27-2005(d
vii. Ordering the Respondents-Owners to immediately correct the
giving rise to the violation of §27-2005(d);
viii.
Ordering the Respondents-Owners to refrain from violating §
ix.
directing the Respondents-Owners to pay a civil penalty of no
$2,000 and no more than $10,000 for each dwelling unit wherei
violation of §27-2005(d) occurred; and
x. Providing such other and further relief as the Court may deem
attorneys'
proper, including an award of fees.
Dated: New York, New York
December 3, 2016
HAŸVÈY EPSTEIN, E
URBAN JUSTICE CEN

Stephanie Rudolph, Esq.,
Michael Leonard, Esq.,
Addrana Montgomery E
16th
123 William St., FlO
New York, New York 1
Tel.: (646) 459-3009
Fax: (212) 533-4598

APT. PETITIONERS . MONTHLY RENT

1A Wilmer Rodriguez $826.35
1C Monserrate Rodriguez $833.37
1D Lilian Jesus Vasquez & Florencio Jesus Villa $1,938.44
IE England Torres $2,197
1F Caridad Maldonado $838.00
1G Rochelle Johnson $1060.00
2A Rev. Leander Hardaway & Ikuko Hardaway (temporarily relocated to Apt. $1,849.15
2C Petra Ramos & Evelyn Garcia $857.80
2F Maria Rodriguez, Jose Diaz, and Irina Diaz $900.09
2G Yvonne Pagan $725.00
3C Maria L. Lopez $1,229.42
3E Zenaido Rosendo and Marialuisa Vidal (temporarily relocated to Apt. 4D) $1,868.38
3F Mary L. Martinez $699.74
3G Edna Rivera and Katherine Rivera $674.71
4C Maria Santana $1,112.00

$867.0013
4E Clara Wainwright, Bobby Wainwright, and Richard Wainwright
4G Cerise Campbell $1,325.00
5C Jose Rivera $551.00
5F Margarita Ramos and Juan Rodriguez $1,083.64
13
Clara Wainwright, the tenant of record for 4E, is temporarily relocated, with the knowledge and consent
of Respondents-Owners. Ms. Wainwright moved due to the demolition of her bathroom and other
conditions dangerous to her health, life and safety at Apartment 4E. Her brothers Bobby and Richard
Wainwright remain in the apartment. At this time, Respondents-Owners have provided a $650.00
abatement so that Clara Wainwright can pay her rent at the relocation apartment located outside of the
Subject Building (the relocation unit rent is $650/month).
(26)
AREA CONDITIONDESCRIPTION
All Rats present
All Mice present
All Roaches present
All Bedbugs present
All Holes in wall
All Inadequate lighting

All Mailboxes broken
All Garbage present/dirty

All Dust from construction
All Lead dust from construction
All Brown water
All Inadequate heat
All Inadequate hot water
All Unpermitted construction work
All Insufficient janitorial services; debris and dirt present
All Odor of gas indicating gas leak
Stairways Loose steps
Roof Roof Leaks
Entrance Entrance Lock Broken
Entrance/Foyer Holes in walls and ceilings
Entrance Entrance Buzzer Broken/Intercom System Broken
Entrance Entrance door broken
(27)
APT NO. CONDITION

1A Entire Apartment: No heat
Entire Apartment: No hot water
Entire Apartment: Needs paint
Entire Apartment: Wall facing 163rd St. lacks insulation
Bedroom 1: Window not sealed properly
Living Room: Hole around steam pipe
Living Room: Walls have peeling paint
Living Room: Walls have holes
Living Room: Walls need paint
Living Room: Window not sealed properly

Hallway: Walls need paint
Hallway: Walls have holes
Bathroom: Ceiling has mold
Bathroom: Ceiling has peeling paint/needs paint
Bathroom: Floors have holes
Bathroom: Hole around steam pipe
Bathroom: Inadequate hot water at sink
Bathroom: Inadequate hot water at tub/shower
Bathroom: Inadequate water pressure at sink
Bathroom: Inadequate water pressure at toilet
Bathroom: Inadequate water pressure at tub/shower
Bathroom: Toilet is broken (loose)
Bathroom: Walls have mold
Bathroom: Walls have peeling paint/need paint
Walls'
Bathroom: plaster cracked
Bathroom: Window not sealed properly
Bathroom: Radiator does not work
Kitchen: Ceiling needs paint/peeling
Kitchen: Floors are warped
Kitchen: Inadequate cold water at sink
Kitchen: Inadequate hot water at sink
Kitchen: Oven is broken
Kitchen: Walls need paint/peeling
Walls'
Kitchen: plaster cracked
Kitchen: Window not sealed properly
1C Entire Apartment: No heat
Entire Apartment: Water runs brown
Entire Apartment: Holes covered with paper
Entire Apartment: Hot and cold water lines are switched
Entire Apartment: Exposed gas line
Bedroom 2: Walls need paint
Bedroom 2: Wall plaster cracked
(28)

Bedroom 3: Ceiling needs paint
Bedroom 3: Ceiling plaster is cracked
Bedroom 4: Hole around steam pipe
Hallway: Wall plaster cracked
Bathroom: Ceiling plaster is cracked
Walls'
1D Entire Apartment: No heat

Entire Apartment: Water runs brown or with a white film
Entire Apartment: Bedbugs
Entire Apartment: Doorbell broken
Entire Apartment: Front door broken
Entire Apartment: Front door lock broken
Entire Apartment: Exposed insulation
Entire Apartment: Rats
Bedroom 1: Ceiling has mold
Bedroom 1: Floors are warped
Bedroom 1: Floor tiles broken/missing
Bedroom 1: Window doesn't open/close
Bedroom 1: Window lock is broken
(29)
Bedrooms ALL: Leaky steam pipes

Bedrooms ALL: Leaks from steam pipes causing water damage to floor
Hallway: Ceiling needs paint

Hallway: Floors are warped
Hallway: Floors have holes
Hallway: Walls have holes
Hallway: Floor tiles broken/missing
Living Room: Wall plaster cracked
Living Room: Window doesn't open/close
Living Room: Window has mold

Living Room: Floors are warped
Living Room: Floor tiles broken/missing

Living Room: Steam pipe leaking
Living Room: Steam pipe leak has caused water damage to floor
Bathroom: Does not have sink; has not had sink since June 2016
Bathroom: Ceiling needs paint
Bathroom: Floor unfinished - tiles have not been put over plywood
Bathroom: Walls need paint

Kitchen: Ceiling is falling/fell

Kitchen: Floors have holes
Kitchen: Floor tiles broken/missing
Kitchen: Refrigerator doesn't work in summer
Kitchen: Walls have mold
Walls'
Kitchen: Window doesn't open/close
Kitchen: Window lock broken
IE Entire Apartment: No heat

Entire Apartment: Rats present
Entire Apartment: Mice present
Entire Apartment: Roaches present
Entire Apartment: Mold concerns
Entire Apartment: Excessive dust
Bedroom 1: Broken outlet
Bedroom 1: Floor tiles missing/broken
(30)

Bedroom 2: Windows are broken
Living Room: Ceiling has peeling paint
Living Room: Ceiling needs paint
Living Room: Ceiling plaster is cracked
Living Room: Floors have holes
Living Room: Floor tiles missing/broken

Bathroom: Bathroom is unusable/was removed by Owner
Bathroom: No bathroom sink

Bathroom: Jas holes in floors, walls, and ceilings
Kitchen: Broken outlets
Kitchen: Ceiling plaster is cracked
Kitchen: Floor tiles missing/broken
Kitchen: Inadequate water pressure at sink
Kitchen: Sink faucet is broken
Kitchen: Sink pipes leak
Kitchen: Wall plaster cracked
1F Entire Apartment: No heat

Entire Apartment: Excessive dust from construction
Bedroom 1: Ceiling has peeling paint
(31)
Bedroom 1: Ceiling is falling/fell

Bedroom 1: Walls have peeling paint
Bedroom 1: Window has broken glass
Bedroom 1: Window has mold
Living Room: Ceiling has mold
Living Room: Closet has mold
Living Room: Radiator leaks
Living Room: Walls have mold
Living Room: Window has broken glass

Hallway: Ceiling has peeling paint
Hallway: Ceiling plaster is cracked
Bathroom: Floor feels like it is going to collapse
Bathroom: Toilet is broken
Bathroom: Window has mold
Walls'
Kitchen: Window has broken glass
1G Entire Apartment: No heat

(32)


Hallway: Closet door broken
Hallway: Closet leaks
Hallway: Floor tiles missing/broken
Bathroom: Broken door lock
Bathroom: Ceiling fell

Bathroom: Ceiling leaks
Kitchen: Ceiling leaks
"A"
2A [NOTE: TENANTS HAVE BEEN RELOCATEd TO APARTMENT ON A
TEMPORARY BASIS. UNLESS OTHERWISE NOTED, CONDITIONS LISTED
ARE FOR APARTMETN 2A]
Entire Apartment: No heat
Entire Apartment: Bedbugs
Bedroom 1: Broken door lock
Bedroom 1: Radiator leaks
(33)

Bedroom 2: No working light


Living room: Broken light
Living Room: Radiator leaks

Hallway: Hole around steam pipe
Hallway: Window lock is broken

Bathroom: Respondents-Owners have removed/sealed off bathroom

Bathroom: Ceiling is falling/fell

Bathroom: Floor tiles missing/broken
Bathroom: Vanity is loose

Bathroom: Vanity is rotting
Bathroom: Walls leak

Walls'
Bathroom: Can't access window
(34)
Bathroom: Window has mold

Kitchen: Ceiling has mold
Kitchen: Sink faucet leaks
Kitchen: Stove is roach-infested
Walls'
Entire Apartment: Mold present
Entire Apartment: No smoke detector
Bedroom 1: Broken door
Bedroom 1: Closet door broken
Living Room/Hallway: Ceiling needs paint
Living Room/Hallway: Ceiling plaster is cracked
Living Room/Hallway: Floors are warped
Living Room/Hallway: Walls have peeling paint
(35)
Living Room/Hallway: Walls need paint
Living Room/Hallway: Wall plaster cracked
Bathroom: Bathtub surface is cracked and peeling


Bathroom: Floors are warped


Bathroom: Wall plaster cracked


Kitchen: Wall plaster cracked
Kitchen: Holes in wall


Bedroom 2: Broken Outlet

Bathroom: Bathtub faucet is broken
Bathroom: Tub tiles broken/missing

Walls'
Kitchen: Refrigerator is broken

Kitchen: Exposed gas pipe
(36)


Entire Apartment: Need new front door and door frame. Old doorframe has rotten
wood.
Bedroom 1: Floors have holes
Bedroom 2: Need outlets in small bedroom
Living Room: Need outlets
Living Room/Hallway: Floors have holes
Living Room/Hallway: Floor tiles broken/missing

Bathroom: Floor tiles broken/missing
Bathroom: Inadequate hot wter at tub/shower
Walls'
Bathroom: Unfinished wall repair
Kitchen: Exposed gas pipe
Kitchen: Exposed electrical wiring
Walls'
3C Entire Apartment: No heat at times

Entire Apartment: No hot water at times
Bedroom 1/Master: Ceiling has mold
Bedroom 1/Master: Ceiling has peeling paint
Bedroom 1/Master: Ceiling needs paint
(37)
Bedroom 1/Master: Ceiling plaster is cracked

Bedroom 1/Master: Floors are warped
Bedroom 1/Master: Walls have peeling paint
Bedroom 1/Master: Wall plaster cracked
Bedroom 1/Master: Windows do not properly seal
Bedroom 3: Ceiling leaks
Bedroom: 3: Ceiling plaster is cracked
Bedroom 4: Walls plaster cracked
Bedroom: 5: Walls have peeling paint
Living Room/Hallway: Floors have holes
Living Room/Hallway: Floor tiles broken/missing

Living Room/Hallway: Walls have mold
Living Room/Hallway: Window not sealed properly

Bathroom: Water comes out brown from faucet
(38)

Walls'
Kitchen: Windows do not close properly
3E [NOTE: TENANTS HAVE BEEN TEMPORARILY RELOCATED TO
APARTMENT 4D: ALL CONDITIONS ARE FOR APARTMENT 3E UNLESS
OTHERWISE STATED]
Entire Apartment: No heat
Entire Apartment: Chipped paint
Entire Apartment: Smoke detectors do not work

Bedroom 1: Floor tiles broken
Bedroom 1: Holes around steam pipe
Bedroom 1: Walls leak

Living Room/Hallway: Ceiling was broken by worker
Living Room/Hallway: Hole around steam pipe
Living Room/Hallway: Radiator leaks

Bathroom: Bathroom is inaccessible
(39)
Bathroom: Bathroom faucet is broken

Bathroom: Broken light
Bathroom: Wall have peeling paint
Kitchen: Ceiling was broken by worker
[Apt 4D-Bedroom 2: Bedroom wall has leak]
[Apt 4D-Entire Apartment: Windows do not stay open/fall with force when opened]
[Apt 4D-No oven or
stove]

Entire Apartment: Water damage from flooding
Entire Apartment: Unfinished construction
Bedroom 1: Walls have mold
Bedroom 1: Radiator knob missing
Bedroom 2: Broken Light
Bedroom 2: Broken Outlet
Living Room: Radiator does not provide enough heat
(40)

Hallway: Ceiling leaks
Hallway: Closet has mold
Hallway: Water damage was painted over but has re-emerged


Bathroom: Vanity is rotting
Bathroom: Window doesn't open/close
Bathroom: Window not properly sealed
Bathroom: Water damage was painted over but has re-emerged
Walls'
Kitchen: Water damage was painted over but has re-emerged
(41)

Kitchen: Ceiling broken
4E Entire Apartment: No heat
Entire Apartment: No smoke detectors
(42)

Living Room/Hallway: Ceiling has peeling paint
Living Room/Hallway: Ceiling leaks
Living Room/Hallway: ceiling plaster is cracked
Living Room/Hallway: Closet door broken
Living Room/Hallway: Walls have mold
Living Room/Hallway: Walls have peeling paint
Living Room/Hallway: Window doesn't open/close
Living Room/Hallway: Window not sealed properly

Bathroom: Bathroom is under construction and is inaccessible to tenant
Bathroom: Toilet not accessible

Bathroom: Sink not accessible
Bathroom: Shower/tub not accessible
Kitchen: Ceiling is falling/fell ("No ceiling")
(43)

Kitchen: Ceiling is missing
Entire Apartment: Cockroaches present
Entire Apartment: Lead paint chipping
Bedroom 1: Closet has mold
Bedroom 1: Closet leaks
Bedroom 1: Exposed electrical wiring
Bedroom 1: Windows leak
Bedroom 2: Broken door
Bedroom 2: Broken light

Living Room: Broken light

Hallway: Closet has mold
Hallway: Window has broken glass
Hallway: Window not sealed properly
(44)
Hallway: Windows leak

Bathroom: Broken outlet
Bathroom: Ceiling has peeling paint/need paint

Bathroom: Sink pipes leak


Walls'



Kitchen: Walls leak
. Kitchen: Walls need paint/peeling
Walls'

Entire Apartment: Front door lock broken

Bedroom 1: Broken Door
Bedroom 1: Closet door is broken
(45)

Bedroom 1: Window doesn't open/close (balances need to be fixed; hard to open)

Bedroom 2: Broken outlet(s)
Bedroom 4: Broken outlet(s)

(46)

Living Room: Windows leak
Hallway: Ceiling has peeling paint
Hallway: Ceiling is falling/fell
Hallway: Ceiling plaster is cracked
Hallway: Floors have holes
Hallway: Floor tiles broken/missing
Hallway: Walls have peeling paint
Bathroom: Broken door locked
Bathroom: Broken door
Bathroom: Inadequate water pressure at sink
Bathroom: Sink faucet is broken/leaks (only has hot water)
Bathroom: Window doesn't open/close
Kitchen: Exposed electrical wiring
Kitchen: Refrigerator is broken (the rubber is falling off)
Kitchen: Sink pipes leak (holes under sink)
Kitchen: Windows leak
(47)
l Entire Apartment: Doorbell broken

Entire Apartment: Inadequate heat/hot water
Entire Apartment: Windows not sealed properly
Entire Apartment: Mold present
Entire Apartment: Plumbing problems

Bathroom: Broken door
Walls'
Kitchen: Ceiling has mold

Walls'
Kitchen: Ceiling fell in
(48)
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Wilmer Rodriguez, the undersigned, being duly sworn, depose and say
1. I am a tenant-petitioner in this proceeding, and reside at 919 Prospect
Apartment 1A, Bronx, NY 10459.
2. I have read or heard read the foregoing Petition and know its contents.
3. Those contents are true to my own knowledge, except as to the matters
to be alleged upon information and belief, and that as to those matter,
be true.
STE
December 3, 2016 Of
New York, NY
Sworn
,8K..,,
"""""
day o
N Publ - State dÝN

tary
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Monserrate Rodriguez, the undersigned, being duly sworn, depose and
Apartment 1C, Bronx, NY 10459.
3. Those contents are true to

my own knowledge, except as to the matters
be true.
[insertrame]
December 3, 2016
New York, NY
Sworn
day o
Public - State of NY / o205 'N

tary

---------------------------------------------X
MALDONADO, ROCHELLE JOHNSON, REV. AFFIRMATION OF
LEANDER HARDAWAY, IKUKO HARDAWAY, TRANSLATION
PETRA RAMOS, EVELYN GARCIA, MARIA
RODRIGUEZ, JOSE DIAZ, IRINA DIAZ, YVONNE Premises: 919 Prospect
PAGAN, MARIA L. LOPEZ, ZENAIDO ROSENDO, Avenue (a/k/a Block No.
MARIALUISA VIDAL, MARY L. MARTINEZ, EDNA 02677, Lot No. 0070)

CLARA WAINWRIGHT, BOBBY WAINWRIGHT,
RICHARD WAINWRIGHT, CERISE CAMPBELL, JOSE
Petitioners,
-against-

CITY OF NEW YORK
Respondents.
-----------------------X
STATE OF NEW YORK )
) :SS.:
COUNTY OF NEW YORK )
MARGARET LYFORD, being duly sworn, deposes and says:
1. I am over the age of eighteen and fluent in English and Spanish.
2. On December 3, 2016, I provided a true and accurate verbal translation of the
within Petition from English to Spanish to Petitioner Monserrate Rodriguez of
Apartment IC, and she informed me that she understood the contents of the
Petition, and that the contents are true and accurate.

'-
NO
NEW
OF
COMM
YORK
OUALIFIED
EX
03-19-2O2D
P IN
02RU6257873
COUNTY
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Florencio Jesus Villa, the undersigned, being duly sworn, depose and sa
Apartment ID, Bronx, NY 10459.

be true.
[i r me]
December 3, 2016
() crsu
New York, NY .
\ Swom
day o
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Lilian Jesus Vasquez, the undersigned, being duly sworn, depose and say
Apartment 1D, Bronx, NY 10459.

be true.
[insert name]
December 3, 2016
New York, NY
Sworn
day o

----------------------------------------------------X

Petitioners,
-against-

CITY OF NEW YORK
Respondents.
---------- ----------------------X
STEPHANIE RUDOLPH, an attorney duly licensed to practice law in the Courts of the State of
New York, hereby affirms the following facts under penalty of perjury

within Petition from English to Spanish to Lilian Jesus Vasquez & Florencio
Jesus Villa of Apartment 1D and they both confirmed for me that the contents are
true and accurate.
December 3, 2016
'Ÿ(ephanie 1(udoÍpl( Esq.
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
England Torres, the undersigned, being duly sworn, depose and say that:
Apartment 1E, Bronx, NY 10459.

be true.
[insert name]
December 3, 2016
New York, NY
Sworn
3 day
tary Public Stat o

O O
00 O
60
o 00
O
- O
.•*NO
NEW
QUALI
" YORK
COMM
FIED
EXP
IN02RU625787
'-
f COUNTY.
5
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Rochelle Johnson, the undersigned, being duly sworn, depose and say th
Apartment 1G, Bronx, NY 10459.

be true.
[insert name]
December 2016
3,
RCJL½à\C
New York, NY ,
Sworn
day o
u
PH
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Leander Hardaway, the undersigned, being duly sworn, depose and say
be true.
[insert name]
December 3, 2016
New York, NY
Sworn
oinn, 3 day o
aryfublide t f of/ Y
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Ikuko Hardaway, the undersigned, being duly sworn, depose and say that
2. I have read or heard read the

foregoing Petition and know its contents.
be true.
[i ert name]
December 3, 2016
New York, NY
Sworn
day
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Petra Ramos, the undersigned, being duly sworn, depose and say that:

be true.
[insert name]
December 3, 2016
New York, NY
Swom
day o
PafíIic
- S ate of NY STE
Notary

------------ -----------------------X

Petitioners,
-against-

CITY OF NEW YORK
Respondents.
--..----- __-----------------------------------X
within Petition from English to Spanish to Petra Ramos of Apartment 2C and she
confirmed for me that the contents are true and accurate.
December 3, 2016
#tdpfianie Rudolph, E q.
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
l)Ó! Ljm GrC/ , the undersigned, being duly sworn, depose
Apartment , Bronx, NY 10459.

be true.
of+h [inse
name]
December t, 2016 ) Vn
New York, NY
Sworn
day o
Michael Colin Leonard
NOTARY PUBLIC, State of New Yor
Pu ic - S ate of NY No. 02LE6263465
Commissioned in Bronx County
Commission Expires on June 11,20

VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Maria Rodriguez, the undersigned, being duly sworn, depose and say that
Apartment 2F, Bronx, NY 10459.
be true.
[inserrareT-
December 3, 2016 MOn q

New York, NY
Sworn
day o
f)utrfiâ - State2NY
ary
VERIFICATION
STATE OF NEW YORK }
ss.:
}
COUNTY OF BRONX }
Jose Diaz, the undersigned, being duly sworn, depose and say that:
be true.
/ [insert
namef
December 3, 2016
New York, NY
Sworn
b
day
mittsfif f
HAN
W
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Irina Diaz, the undersigned, being duly sworn, depose and say that:
be true.
[insert name]
December 3, 2016 3.6 /Nc^
New York, NY
Sworn
day o
- tahf NY
y
yERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Yvonne Pagan, the undersigned, being duly sworn, depose and say that:

be true.
[msert na
December 3, 2016 N\/Of¾L

New York, NY
Sworn
b day
Public - S at ofNY
otary
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Maria L. Lopez, the undersigned, being duly sworn, depose and say that:

be true.
[msert name]
December 2016
New York, NY
Sworn
day

NOTARY plJBLIC, State of New York
o 02LE6263465
Public - tate f NY Commissioned in Bronx

Notary County
Commssion Expires on June 11, 20

-X


Petitioners,
-against-

CITY OF NEW YORK
Respondents.
------------- --------------------X
MICHAEL LEONARD, an attorney duly licensed to practice law in the Courts of the State ofNew
York, hereby affirms the following facts under penalty of perjury
within Petition from English to Spanish to Maria L. Lopez of Apartment 3C and
she confirmed for me that the contents are true and accurate.
December 4, 2016 4,
fiWael Leonard, Esg/
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Zenaido Rosendo, the undersigned, being duly sworn, depose and say tha


be true.
December 3, 2016
New York, NY
\ Sworn
day o
Notary Pubtic - state of NY

VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Marialuisa Vidal, the undersigned, being duly sworn, depose and say that

be true.
[insert
name]
December 3, 2016 N\c^r c otu
New York, NY
Sworn
day o

---- -----------------------------------------------X


MALDONADO, ROCHELLE JOHNSON, REV. AFFIRMATION
RODRIGUEZ, JOSE DIAZ, IRINA DIAZ, YVONNE Premises: 919
PAGAN, MARIA L. LOPEZ, ZENAIDO ROSENDO, Avenue (a/k/a
MARIALUISA VIDAL, MARY L. MARTINEZ, EDNA 02677, Lot No.

Petitioners,
-against-


CITY OF NEW YORK
Respondents.
---------X
STEPHANIE RUDOLPH, an attorney duly licensed to practice law in the Court
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Mary L. Martinez, the undersigned, being duly sworn, depose and say th
be true.
December 3, 2016
New York, NY
Sworn
day o
Public - State o'f NŸ

ary
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Edna Rivera, the undersigned, being duly sworn, depose and say that:

be true.
[insert name]
December 2016
New York, NY
Sworn
day

ubh - State of N NOTARY
6tary PUBLIC, State of New York
Commissioned in Bronx
County
Commission Expires on June 11, 20

-----------------------------------------------X

Petitioners,
-against-

CITY OF NEW YORK
Respondents.
---------- ----------------------------X
MICHAEL LEONARD, an attorney duly licensed to practice law in the Courts of the State of New
York, hereby affirms the following facts under penalty of perjury
within Petition from English to Spanish to Edna Rivera of Apartment 3G and she
confirmed for me that the contents are true and accurate.
December 4, 2016
Michael Leo d, sq.
VE_RIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Katherine Rivera, the undersigned, being duly sworn, depose and say tha

be true.
[insert
name]
December , 2016
New York, NY
Sworn
day
NOTARY PUBLIC, State ofNewYork

. No. 02LE6283465
bh - State of NY . .
Notary
Commissioned in Bronx County
Commission Expires on June11,2016
yERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Maria Santana, the undersigned, being duly sworn, depose and say that:

be true.
[insert riame
December 3, 2016
New York, NY
\
Sworn
day o
|C
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Clara Wainwright, the undersigned, being duly sworn, depose and say th

be true.
[ittserr ane]
December 3, 2016 CLAGA
New York, NY
Sworn
day o
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Bobby Wainwright, the undersigned, being duly sworn, depose and say

be true.
ottiBlifff
STE
December 3, 2016
New York, NY
ann Sworn
day
otaryfublic'- St6te oÉ hli

VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Richard Wainwright, the undersigned, being duly sworn, depose and say

be true.
December 3, 2016 h [½nserrrmme]

Pt935
New York, NY
Sworn
day o
Pùblic - State of NY
diary
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Cerise Campbell, the undersigned, being duly sworn, depose and say that
be true.
[i.neert-name]
December 3, 2016
COOL CG
New York, NY
Sworn
\
day
utfttf
STE
'
o(afy Publ(c ¬ fate fif NY o
VERIFICATION
STATE OF NEW YORK }
ss.:
}
COUNTY OF BRONX }
Jose Rivera, the undersigned, being duly sworn, depose and say that:

be true.
[insert Adme]
December 3, 2016
New York, NY
Sworn
day o

__---__________________________________....---------X

Petitioners,
-against-

CITY OF NEW YORK
Respondents.
____------_______________-----------------X
within Petition from English to Spanish to Jose Rivera of Apartment 5C and he

confirmed for me that the contents are true and accura .
December 3, 2016
S. 'ade Rudolph, Esq.
VERIFICATIOly
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Margarita Ramos, the undersigned, being duly sworn, depose and say tha

be true.
[i ert name]
December 3, 2016
New York, NY
Sworn
day o

____________-----........______________..----..-----X


Petitioners,
-against-

CITY OF NEW YORK
Respondents.
------------------------------------------------------X
within Petition from English to Spanish to Margarita Ramos of Apartment 5F, and
she confirmed for me that the contents are true and accurate.
December 3, 2016
tepkfanie Rudolpl(Esq.
VERIFICATION
STATE OF NEW YORK }
} ss.:
COUNTY OF BRONX }
Juan Rodriguez, the undersigned, being duly sworn, depose and say that:
be true.
/'
[insert name]
December 3, 2016
New York, NY
Sworn
day o
PHA

___ --------------------------------X
WILMER RODRIGUEZ, GLORIA RODRIGUEZ,
MONSERRATE RODRIGUEZ, LILIAN JESUS Index No. HP
VASQUEZ, FLORENCIO JESUS VILLA, ENGLAND
TORRES, CARIDAD MALDONADO, ROCHELLE AFFIDAVIT OF ANNA
JOHNSON, REV. LEANDER HARDAWAY, IKUKO BURNHAM
HARDAWAY, PETRA RAMOS, EVELYN GARCIA,
MARIA RODRIGUEZ, JOSE DIAZ, IRINA DIAZ, Premises: 919 Prospect
YVONNE PAGAN, MARIA L. LOPEZ, ZENAIDO Avenue (a/k/a Block No.
ROSENDO, MARIALUISA VIDAL, MARY L. 02677, Lot No. 0070)

MARTINEZ, EDNA RIVERA, KATHERINE RIVERA,
MARIA SANTANA, CLARA WAINWRIGHT, BOBBY
WAINWRIGHT, RICHARD WAINWRIGHT, CERISE
CAMPBELL, JOSE RIVERA, MARGARITA RAMOS,

JUAN RODRIGUEZ
Petitioners
-against-

MENTAL HYGIENE AND DEPARTMENT OF
HOUSING PRESERVATION AND DEVELOPMENT
OF THE CITY OF NEW YORK
Respondents
---------------------------------------------X
STATE OF NEW YORK )

) s.s.:
COUNTY OF THE BRONX )
ANNA BURNHAM, being duly sworn, deposes and says:
1. I am the Lead Community Organizer for The Banana Kelly Community Improvement
Association Inc. ("Banana Kelly"), an affordable housing organization dedicated to

preservation and development of housing. I have eight (8) years of experience in the
non-profit sector, and have worked with tenants in both Chicago and New York City.
2. As Lead Organizer at Banana Kelly, I work with residents in the South Bronx to
tenants'
provide residents education and information about rights, particularly around
the warranty of habitability.
3. Since starting my job in June of 2015, I have worked in approximately 50 multiple
dwelling buildings in the South Bronx area, and have met many hundreds of
residents.
4. I work largely with rent-regulated tenants as well as rent-regulated buildings
containing New York City Scatter Site Housing Program (SSHP) and Cluster Site
Program residents.
L THE LAYOUT OF 919 PROSPECT AVENUE BRONX, NY 10459
5. In my capacity as Lead Organizer at Banana Kelly, I have worked with the residents
of 919 Prospect Avenue, Bronx, NY 10459 ("Subject Building") since December of
2015. As such, I am intimately familiar with the conditions and layout of the premises
as well as with the tenants and their families.
6. I have personally inspected 20 of the 25 occupied units at the Subject Building with
the consent of the residents. I have also photographed many of the units.
7. Beginning in October 2016, I started to visit the Subject Building to meet with
residents regularly (about once every other week), and I speak with residents daily.
Petitioners'
8. I have also counted the units at the Subject Building, and provided the
count"
Attorney, Stephanie Rudolph of the Urban Justice Center a detailed "unit after
visiting the building on November 21, 2016.

9. By my count, there is/are:
a. Thirty-five (35) total residential dwelling units;
b. Twenty-nine (29) occupied residential dwelling units (not including the Super's
apartment);
c. Five (5) vacant residential dwelling units, two (2) of which are temporarily
occupied by families holding leases for other apartments. Apartment 3E (tenant of
record, Zenaido Rosendo) currently resides in Apartment 4D. Apartment 2A
(tenant of record, Rev. Leander Hardaway) temporarily resides in Apartment A
(formerly, the Super's apartment);
d. One (1) Apartment (Apartment 4F) is occupied by the Super, an employee of the
owner;
e. Four (4) of the occupied units house residents of the SSHP and/or Cluster Site
Program, and as such, are not being treated as rent-regulated at this time; and
f. Seven (7) commercial units, one (1) of which is vacant. The occupied commercial
units include the following businesses: liquor store, bakery, grocery store, barber
shop, chicken/pizza restaurant, and church.
II. THE CONDITIONS AT 919 PROSPECT AVENUE
10. The conditions at 919 Prospect Avenue are the worst I have observed in my time as
an organizer at Banana Kelly in the South Bronx. I have never seen an owner
demolish portions of occupied units to this extent without relocating tenants. I am
also shocked by how long residents have been deprived of access to basic amenities
like toilets, showers, sinks, and stoves.

11. When I first reached out to the residents of 919 Prospect Avenue in late 2015, I
learned that many residents had been denied basic services. They expressed grave
concern that the Owner was to maintain apartments in order to compel long-
failing
term rent-regulated tenants to surrender their apartments. They observed that the
Owner had begun renting vacant units to Scatter Site/Cluster Site residents. At that
time, the Owner had not commenced construction at the building.
12. When I returned to the building in the fall of 2016, I observed many construction sites
as well as dust and debris in vacant and occupied units. Families with children and the
elderly expressed particular health and safety concerns, and many residents reported
trouble breathing. I personally have trouble breathing while in the building due to the
construction dust.
13. Construction Concerns: The Owner and his agents commenced construction not just
in the vacant units but in occupied apartment units. Many of these units include
young children and senior citizens. Workers ripped out bathrooms, ceilings, walls,
and large portions of living space.
14. Teñañts without Working Bathrooms: Several apartments lack working bathrooms.
a. Apartment 4E: In early October 2016, I started speaking with Clara Wainwright
of Apartment 4E. Three months before, the Owner gained access to her apartment
by stating that workers needed to do some routine repairs. Instead, they
demolished portions of the kitchen and bathroom. At that point, Apartment 4E
had not had a bathroom for more than three (3) months. In addition, the kitchen
ceiling had been removed. Because Ms. Wainwright is 73-years-old, she spent
most of her time at home and began having difficulty breathing due to
construction dust. Banana Kelly worked with the Public Advocate to temporarily
relocate Ms. Wainwright to one of Banana Kelly's units. Ms. Wainwright receives
a partial rent abatement to help cover her rent at the temporary apartment but has
not received any other compensation or moving assistance from the Owner. Ms.
Wainwright's younger brothers, Bobby and Richard, have not relocated at this
time and remain in the unit without a bathroom.
b. Apartment 3E: I have become aware of the Petitioners and occupants of
Apartment 3E. The household has six (6) child occupants, ages 15, 7, 6, 5, 3 and
3. Because agents of the Owner demolished the family's bathroom, they have
been relocated first to previously vacant apartment 4A and now to 4D (also
previously vacant). Apartment 4A and 4D lack a stove and have other dangerous
conditions. Therefore, the family returns to Apartment 3E to cook. The family is
receiving no rent abatement or other compensation, and does not have a written
agreement governing the relocation. They are very concerned about the lead dust
and Apartment 3E has a violation for lead paint.
c. Apartment 1D: The family in Apartment 1D also includes young children. The
Owner also had their bathroom demolished and the apartment lacks a bathroom
sink at this time. The bathroom walls are also under construction. The apartment
also has bedbugs and lead paint.
d. Apartment 1E: England Torres and her family, including five (5) children, one of
whom is not even one (1) year old, spent six (6) weeks this fall without any access
to their bathroom. They had to use a bucket and bathe their children in the sink.
They recently received a bathtub and toilet but do not have a bathroom sink.
15. Lead Paint Concerñs: From speaking with residents, I spoke to four (4) separate
families with children who expressed concern that the construction dust had affected
their children's breathing. DHPD has placed lead paint violations in several of these
units, and these violations have been open for many years. At least one child (1D) has
tested positive for elevated levels of lead in his blood.
16. Lack of Heat and Hot Water: I am also concerned about the Owner withholding
heat and hot water from the tenants and residents. It has been cold in the building
many times when I've visited.
17. Brown Water: Tenants report, and I have observed, brown water coming out of all
faucets. I am concerned about the safety of the water at the building.
18. Security and crime: With the increase in Scatter Site/Cluster Site resident renting
apartments transiently, tenants have reported an increase in debris in the common
areas, an increase in general foot traffic, as well as an increase in crime. The intercom
at the building is not working and unknown individuals enter the building for short
periods of time. Because there are a number of commercial establishments in the
building, including a liquor store, tenants are particularly concerned about safety at
this time. Petitioners from apartment 5F currently have a restraining order against the
Scatter Site occupants who formerly resided in Apartment 5A, after the Scatter Site
occupant kicked the tenant, causing him to fall. I believe the occupant of 5A has since
moved out.
19. Other Conditions: I am concerned about many of the other serious conditions at the
building that pose a danger to the health, life and safety of tenants and their families. I
believe the lack of working stoves demonstrates particular negligence given that it is
not difficult or expensive for Owners to replace stoves (now 3E and 1A do not have
access to consistent working stoves). The demolition of walls and ceilings, leaks,
mold, and the infestation of rats, mice, roaches, bedbugs and other pests also pose
serious dangers to residents.
III. AN RPAPL 7A ADMINISTRATOR IS NECESSARY
20. This has been in the Alternative Enforcement Program since 2013-
building (AEP)
nearly four (4) years. It is listed as the Worst Building in the Bronx on the Public
Advocate's Watch List. In addition, DHPD has commenced numerous comprehensive
cases as well as heat and hot water cases against Mr. Miller over the course of the last
few years since he became the Owner. None of these actions and proceedings have
resulted in the restoration of basic services to the residents. If anything, conditions
have only worsened, and more residents, particularly children, have become sick.
21. The Owner has failed time and time again to complete construction or repair the
apartments despite hundreds of DHPD violations and multiple, repeated complaints to
311, the Public Advocate's office and city agencies. Based on my observations and
discussions with residents, I believe the Owner intends to compel the tenants to
surrender their units and bring in Scatter/Cluster Site residents in order to raise the
rents.
22. Mr. Miller has offered low buyouts to tenants (a few thousand dollars) as well as
demolished portions of their apartments in an attempt to get long-term residents to
vacate. Mr. Miller has chosen to carry out his business model in a dangerous, illegal,
and unacceptable manner. Given these grave concerns, a 7-A Administrator is the
only way forward for the residents of 919 Prospect Avenue.

NEW NO
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_____________________-------------------------X
MALDONADO, ROCHELLE JOHNSON, REV. AFFIDAVIT OF DOUG
LEANDER HARDAWAY, IKUKO HARDAWAY, TIMMONS

Petitioners,
-against-

CITY OF NEW YORK
Respondents.
---------------- ------------X
STATE OF NEW YORK )

) S.S.:
COUNTY OF NASSAU )
DOUG TIMMONS, being duly sworn, deposes and says:
1. I am a construction consultant for FLM Construction Consulting LLC, located at 1152
Longfellow Avenue, Bronx, New York.

2. I have been a general contractor for over 30 years. From 1985 to 1994, I served as the
director of the Department of Housing Preservation and Development (DHPD)'s, Capital
Building Rehabilitation Monitoring Unit. In this role, I directed and coordinated the
construction operations at DHPD for $50,000,000 worth of contracts, and oversaw the
work of over 60 construction inspectors who were monitoring the construction of DHPD
buildings.
3. Then from 1994 to 1998, I served as a Project Manager for HRA Construction
Corporation/Marin Rehab Corporation, engaging in rehabilitation of more than 3,000
occupied units within the New York City Public Housing Authority (NYCHA). In that
role, I renovated kitchens and bathrooms, engaged in asbestos removal, installed entrance
ramps and intercoms.
4. I have also worked in the private sector for a significant portion of my career, engaging in
construction management, renovation and rehabilitation of multi-family residential
properties. In this capacity, I have renovated hundreds of units in residential buildings.
5. I am currently an independent construction consultant for Banana Kelly Community
Improvement Association, Inc. ("Banana Kelly"), since February of 2013.
6. In this role, I am responsible for the management and maintenance of over 20 residential
buildings containing approximately 600 low-income residents. I am regularly involved in
conducting inspections, and in the preparation of scopes of work and costs estimates.
7. On November 16, 2016, at the request of Banana Kelly, I personally inspected the
common areas and the inside of several of the apartment units, including units 4E and 5F,
at the building located at 919 Prospect Avenue, Bronx, New York 10459 ("the Subject
Building").
8. Based on my observations of the subject building and my professional experience in this
Petitioners'
area, I submit this affidavit in support of the request for the appointment of an
administrator, pursuant to Article 7-A of the Real Property Actions and Proceedings Law.
9. As described below, the Lead Organizer of Banana Kelly, Anna Burnham, brought the
Subject Building to my attention because the Respondents-Owners had begun but not
completed construction work, rendering certain units uninhabitable and/or displacing the
occupants for months at a time.
10. Upon entering the building, I observed protective bridging (plywood) that was installed
on the lobby ceiling. The plywood was apparently installed to reinforce the ceiling and
protect residents after the ceiling had been damaged by a water leak. It seems that the
water leak has been fixed, but the ceiling was never repaired.
I. Observations in Apartment 4E
11. After gaining access, with the consent of the residents, I observed the following in
Apartment 4E:
a. The apartment was in a state of incomplete renovation.
b. The bathroom door was screwed closed preventing the tenants from accessing the
toilet, bathtub, and bathroom sink. I unscrewed the door and was able to access the
bathroom.
c. There was no ceiling in the bathroom and the beams were exposed. I observed
that structural repairs were made to the joists and subfloor of the apartment above
through the bathroom ceiling.
d. I observed new waste piping, supply piping, and a new subfloor to the apartment
above 4E.
e. The floor of the bathroom in apartment 4E was removed. Plywood was laid over
the floor.
f. The kitchen ceiling had a large section missing. It was covered over with plastic,
and the tenants told me that the plastic had been there for at least a month.
12. According to the resident of apartment 4E, no construction work had occurred for at least
three (3) months.
13. Removing and replacing deteriorated joists would necessarily require gutting the bathroom
"E"
and the kitchen of the apartment. Completing such work on all apartments in the line
would require a maximum of two (2) to three (3) months. Therefore, I can see no reasonable
explanation for why this apartment has been left half-renovated with open ceilings,
incomplete floors, and no bathroom access for this period of time.
14. These conditions are hazardous to health, life, and safety of the tenants and occupants of
4E, and in my professional opinion, the apartments is not fit for human habitation.
tenants'
15. Because these conditions continue to be hazardous to the health and safety, I
understand one of the tenants (the eldest of three siblings), has temporarily relocated. The
other tenants remain in the unit.
II. Observations in Apartment 5F
16. With the permission of the residents, I also observed the following conditions in 5F:
a. The hallway is deflected (sloped) from the apartment door to the kitchen. This
means that the kitchen floor is approximately 4 inches lower than the floor at the
entrance.
b. The floors of the kitchen and the bathroom, which are situated adjacent to the
hallway, are also deflected.

17. I attempted to inspect additional apartments in the building, but the tenants were not
available to provide access at the time.
18. I am informed that several more apartments in the building are undergoing renovations, in
part due to a fire that occurred in the premises. For example, in the public hallway I
observed signs of renovation work going on in apartment 4D, but I was not able to access
it because construction workers were working in the unit.
III. Observations Regarding the Structural Integrity of the Subject Buildir-g
19. The construction that I observed in apartment 4E indicates that the owner is conducting
structural repairs. Likewise, the deflection that I observed in apartment 5F is a telltale sign
that there exists a structural issue beneath the floor boards.
20. Repairing these conditions would necessarily involve opening the floors, inspecting
underneath, and possibly gutting the interior and replacing the beams beneath the floor.
21. If the beams are not inspected or changed, it is possible that adding additional weight (for
example, installing a new floor over an old one) could comprise the structural integrity of
the apartments.
22. Based on my observation of the conditions in apartments 4E and 5F, it is my belief that the
entire Subject Building should be checked for similar problems, particularly in all humid
or wet areas (i.e. kitchens and bathrooms).
23. Accordingly, I recommend that a structural engineer inspect every apartment in the Subject
Building.
24. Further, a structural engineer should prepare plans for DOB approval for renovation of all
bathrooms and kitchens, including replacement or reinforcement ("sistering") of existing
joists, in accordance with her or his approved drawings.

25. No further work should be performed without professional supervision and approved
drawings by DOB.
Dated: Bronx, New York
December1, 2016
DO
NctGry b - . f Nc':/ York

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FILED: NEW YORK COUNTY CLERK 05/01/2019 12:23 AM INDEX NO.

CIVIL COURT OF THE CITY OF NEW YORK

RIVERA, MARGARITA RAMOS, JUAN RODRIGUEZ 02677, Lot No. 0070)

919 PROSPECT AVENUE LLC, AEGIS REALTY

The petition prays for a final judgment:

AVENUE BRONX, NEW YORK 10459;

dates of service of said judgment on all other residential and nonresidential

undertake work as authorized and outlined in Section 778(1) of the RPAPL;

administrator for the Subject Building at a later time be authorized to borrow

monies from the Department of Housing Preservation and Development of the

subject premises pursuant to Section 778(1) of the RPAPL and Article 8 of

subchapter 5 of the Housing Maintenance Code of the City of New York;

and Seth Miller (collectively, "Respondents-Owners") violated §27-2005(d);

(ix) ordering Respondents-Owners to immediately correct the conditions giving rise to

the violation of §27-2005(d);

(x) ordering Respondents-Owners to refrain from violating §27-2005(d);

Or, in the alternative, for an order:

(ii) directing Respondents-Owners to perform all repairs, in a code compliant

of their permanent apartments;

civil penalties upon the Respondents-Owners pursuant to Section 27-

violations of the Housing Maintenance Code, Building Code and Multiple

Dwelling Law within the time required by law; and

(iv) ordering the immediate restoration of all essential services;

(v) finding that the Respondents-Owners violated §27-2005(d);

(vi) issuing Class "C violations based on the violation of §27-2005(d);

(vii) ordering the Respondents-Owners to immediately correct the conditions giving

rise to the violation of §27-2005(d);

(viii) ordering the Respondents-Owners to refrain from violating §27-2005(d);

2005(d) occurred; and

including an award of attorney's fees.

5 of the Housing Maintenance Code of the City of New York.

above in this notice of petition.

PLEASE TAKE FURTHER NOTICE that if this notice of petition is ser

answer upon the

service, in the Office of the Clerk of the

above set forth for the hearing.

Dated: New York, New York

A VEY El STEIN, ESQ.

URBAN JUSTICE CENTER

New York, New York 10038

Tel.: (646) 459-3009

Fax: (212) 533-3598

CIVIL COURT OF THE CITY OF NEW YORK

VILLA, ENGLAND TORRES, CARIDAD VERIFED PETITION

MALDONADO, ROCHELLE JOHNSON, REV. FOR APPOINTMENT OF

919 PROSPECT AVENUE LLC, AEGIS REALTY

We, the above named petitioners, allege as follows:

1. We are each tenants in occupancy of apartments at 919 Prospect Avenue

dwelling units. (The DHPD Multiple Dwelling Registration is annexed as Exhibit A

2. We seek the appointment of an administrator for the Subject Building

L THE PETITIONERS AND THE SUBJECT BUILDING'S OCCUPANCY

units at the Subject Building.1

Apartment #4F. (Affidavit of Anna Burnham ("Burnham Affidavit") at ¶ 9(d)).

Respondents-Owners have authorized these relocations but no formal written contracts

a. Upon information and belief, the previously-vacant Apartment 4D is

temporarily occupied by the residents of Apartment 3E (tenant of record,

Zenaido Rosendo). Currently, Apartment 3E does not have a functional

bathroom. (See Burnham Affidavit at ¶ 9(b) & ¶l 4(b)).