CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART ALEX CIARAMELLO, LISA PAULA THOMAS, and LYRIC THOMPSON, Tenants-Petitioners, -aga.instr DECATUR ASSETS LLC, FRANK TEHRANI, and ALEN a/k/a ALEN PAKNOUSH a/k/s ALAN PAKNOUSH a/k/a ALLEN PAKNOUSH, Landlords-Respondents, mid. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, City-Respondent. (302030 Index No, Git 16. with m: 9 lel ORDER TO SHOW SE Premises: 1355-1357 Decatur Street Brooklyn, New York 11237 UPON reading the annexed Verified Petition and Affidavit of the above named Tenant- Petitioners, sworn to on the 19'" day ofJuly, 2016, Affirmation Signed on August 2, 2016, and good cause having been shown, it is ORDERED that the Respondents are directed to appear before this Court and Show cause at Housing Pan of the Civil Court of the City of New York, to he held at the Courthouse at 141 Livingston Street, Room 409, Brooklyn, New York, on the '6 day of AHgfiLt 2016 at 9:30 am. or as soon thereafier as the parties or their counsel may be heard, why an Order should not be made: 1. Finding that the conditions described In the Verified Petition 7 lack of cooking gas and hot water - constitute Violations, directing City-Respondent Depanment of Housing Preservation and Development to register said violations, and directing the Landlord- ReSpondents to correct said violations within the time provided by Section 27?2115(c) of the Administrative Code of City of New York or be subject to civil penalties provided by for Section 27?2115(a) of said Code; . Enjoining Landlord?Respondents from permitting said violations to exist and from permitting any future conditions to exist which endanger the life, health, and safety of Tenant-Petitioners and their families; . Imposing upon Landlord-Respondents the civil penalties provided by Section 27-2115(c) of the Administrative Code of the City of New York, based upon Landlord?Respondents1 failure to correct the violations hereto contained in notices of violations issued by the Department of Housing Preservation and Development and the Department of Buildings and to enter a judgment against the Landlord-Respondents for the amount of civil penalties imposed by the Court; . Directing the Landlord-Respondent to pay Tenant-Petitioners? costs, disbursements and counsel fees for this action; and . For such other and further relief as may be just and proper. It is ORDERED that a copy of this Order and the supporting papers on which it is based shall be served upon the Respondents, either personally or by certi?ed mail, return receipt . (4 requested, on or before the 3 day of 2016, and that all such service may be made by any party to this proceeding. Service upon the owners or managing agent shall be deemed good and suf?cient by certi?ed mail, return receipt requested at the addresses so registered with the Department of Housing Preservation and Development,. Mailing to the Department of Housing Preservation and Development shall be made to the Housing Litigation Bureau, 100 Gold Street, New York, NY 10038. It is FURTHER ORDERED that the ?ling fee associated with commencing this HP proceeding is waived. Dated: Brooklyn, New York August 2016 OF THE HOUSING COURT AV rat?s" INC, . a CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF PART ALEX CIARAMELLO, LISA SADYKOV, PAULA THOMAS, and LYRIC THOMPSON, TenantsePetitioners, against- DECATUR ASSETS LLC, FRANK TEHRANI, and ALEN PAKNOVSH a/k/a ALEN PAKNOUSH a/k/a ALAN PAKNOUSH a/k/a ALLEN PAKNOUSH, LandlordseRespondentS, and>> NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, CityeRespondenL STATE OF NEW YORK ss: COUNTY OF KINGS Index Not 00 7030 VERIFIED PETITION AND AFFIDAVIT Premises: 1355-1357 Decatur Street Brooklyn, New York 11237 The undersigned, being duly swan-I, hereby swear that the following statements are tme or that we believe them to be true based on our Information or belief, 1. We are the Petitioners herein, and we are tenanls in the apartments whose numbers appear next to our Signatures, all at the premises known as 1355 Decatur Street and 1357 Decatur Street in Brooklyn, New York, 2. We have standing to bring this proceeding per Section 27-2115 ofthe Administrative Code ofthe City ofNew York and Section 110 ofthe Civil Court Act ofthe City ofNew York 3. We make this Verified Petition and Affidavit in support ofthe relief sought in the 10. 11. foregoing Order to Show Cause. On information and belief, the Respondent DECATUR ASSETS LLC is the owner, and Respondent FRANK TEHRANI is the managing agent of the premises having the address 1355 Decatur Street, and ALEN PAKNOVSH a/k/a ALEN PAKNOUSH a/k/a ALAN PAKNOUSH a/k/ a ALLEN PAKNOUSH is the managing agent of the premises having the address 1357 Decatur Street. Attached as ?Schedule are HPD Summary Violation Reports re?ecting housing maintenance code violations documented at the buildings. On information and belief, all of the conditions listed and described in the Complaint History, attached hereto as ?Schedule constitute violations of the New York City Housing Maintenance Code, Building Code, Multiple Dwelling Law and other applicable laws and regulations. In particular, there are two open immediately hazardous violations, Violation ID 113228505478489 and 113228585478490, in 1357 Decatur for no gas. We gave multiple oral and written notices to the owner to address these violations and the owner failed to respond. We called 311 and reported additional violations listed in ?Schedule that still continue to exist. In addition to those violations documented by HPD, all of the conditions listed in the attached ?Schedule currently exist in our respective apartments and in the common areas of the buildings. On information and belief, all of the conditions described in the attached schedules constitute violations of the Housing Maintenance Code, the Multiple Dwelling Law, and 12. 13. 14. other applicable laws and regulations. Most recently, on July 20, 2016, National Grid issued a Warning of Hazardous Condition, ?nding a gas leak in the house piping, requiring that the hot water and gas be turned off attached as ?Schedule For over a week, the tenants of 1357 Decatur did not have hot water and gas to shower or cook. On information and belief, the Department of Housing Preservation and Development either has failed to issue a notice of violation for the herein described violations or has declined to request penalties based upon Landlord-Respondents? failure to correct any of the existing violations within the time speci?ed in any notices of violation issued or within any additional time which may have been granted under Section of the Administrative Code of the City of New York and no certi?cation of correction has been ?led in accordance with the provisions of Section of said Code and more than thirty (30) days have passed since the time to correct the listed violations has expired. On information and belief, the landlord?s failure to correct the violations and conditions alleged is intended to cause us to vacate our apartments or to surrender or waive our rights thereto, and constitutes repeated interruptions or discontinuances of essential services of such signi?cance as to substantially impair the habitability of our apartments, thus constituting harassment under Section 27?2004(48) of the Administrative Code of the City of New York, and entitling us to relief under Sections 27?2005 and 27-2115(1n) of the Administrative Code of the City of New York. WHEREFORE we respectfully request that this Court grant the relief set forth in the foregoing Order to Show Cause, along with whatever other and fimher relief the Court deems just and proper. 23% Lisa Peterson, 1355 Decatur Street, Apt. 2 [v Lyric Thompson, 1355 Decatur Street, Apt. 3 Paula Thomas, 1357 Decatur Street, Apt. 1 Alex Ciaramello, 1357 Decatur Streeg Apt. 2 Sadykw, 1357 Decatur Street, Apt. 3 Notary Public 7 State of New York SCHEDULE A HPD Summary Violation Reports 7/27/2016 HPD Building lnfo 7/27/2016 062116 HPD Building, Registration 8; Violation Services 1 The selected address: 1357 DECATUR STREET, Brooklyn 11237 Range Block Lot CD CcnsusTi'act Stories A Units Units Ownership Registration# Class 913840 Active 1357-I357 0.1-1? 0123 4 40900 .1 3 PVT 382790 9th. Building Registration Summary Report QFQPEEW Owner #7 assistance Apartment# Information . LastReg Dt . E, First Ilnust- . 0mm Reg Expire ()inanimtion LAst .Nm Na strut hm Apt (it) butt Lip - Head 10/06/2015 172- HILLSIDE cmgiain; Of?cer 09/01/2016 TEHRANI FRANK 13 AVENUE 201 JAMAICA NY 11432 S_t_a_t_u_5. . 10/06/2015 DECATUR 172? HILLSIDE Corporation 09/01/2016 ASSEFS LLC 13 AVE 201 JAMAICA NY 11432 Complaint 72 Managing 10/06/2015 DECATUR 1 - HILLSIDE Agent 09/01/2016 ASSEFS LLC PAKNOVSH ALEN 13 AVE 201 JAMAICA NY 11432 Submit Certi?cate gf magi/aka Open Violations - ALL DATES There are 4 Violations. Arranged by category: A class: 1 class: 1 class: 2 I LitisasienLCes-s Class: 0 ISEQQE ?1 For Definitions of the columns indicated below, select glossary under the Services __e_I13_nt option (located at the upper right). dams?"19M To sort the columns, click on their underlined headers below in the blue area. Report Apt Reported Order Violation Violation Description Status Certify By Story Date. Class no lD. Status Date Date All Open nov Nov 10 Actual Violations issuer) Cert. Date Date p_r_ig_y_e_a_r 2 2016/07/20 742 11322850 27-2070 adm code provide an adequate supply NOV SENT 2016/08/07 2 2016/07/25 5478489 of gas to the ?xtures range in the kitchen located 2016/07/25 at apt 2, 2nd story Ecerti?cation 1 2016/07/20 742 11322858 27-2070 adm code provide an adequate supply NOV SENT 2016/08/07 1 2016/07/25 5478490 of gas to the ?xtures range in the kitchen located 2016/07/25 at apt 1, story I. 1 2016/06/15 A 502 11276413 27-2005 adm code properly repair with similar 1 NO 2016/10/04 1 2016/06/17 5454245 material the broken or defective ceramic tiles on ACCESS Correction the floor in the room from east located at apt 2016/07/22 1, story, apartment from west at north 2016/01/27 502 11095210 27-2005 adm code properly repair with similar NOT 2.016/03/21 QM Basement 2016/02/01 5354470 material the broken or defective ?re retardant COMPLIED 2016/03/03 Images, material at ceiling, open space at basement 2016/07/22 Map. 1 City Life City Agencies Of?ce ofthe Mayor ContactUs search ?s'ar'c?sa? lemme err-14:an 0.1663176? applicationaspx 7/27/2016 HPD Building Info 7/27/2016 062116 HPD Building, Registration Violation Services] ?Se ecl? it I Hing The selected address: 1355 DECATUR STREET, Brooklyn 11237 Range Block Loi CD CcnsusTracl Stories A Units Units Ownership Registration# Class 901639 Active I355-l355 0028 4 40900 3 0 PVT 382789 Other Unit? Building Registration Summary Report Owner Registration Find Apartment# Infermatien . .. . . . - ll .A a .. Owner {tzgt?y??igt-m Orgimrmiiun Lust Mn Ngu? Mm:le Apt Lily Malt- Lip . Head 10/06/2015 172- HILLSIDE gto??il?aint Of?cer 09/01/2016 TEHRANI FRANK 13 AVENUE 201 JAMAICA NY 11432 . 10/06/2015 DECATUR 172- HILLSIDE I Corporation 09/01/2016 ASSEFS LLC 13 AVE 201 JAMAICA NY 11432 gqm?am?t 172 I meteor. Managing 10/06/2015 - IL 5 0 Agent 09/01/2016 TEHRANI FRANK 13 AVE 201 JAMAICA NY 11432 5111210111; Qttii?lsetssl - - Insta?atio_n Open Violations - ALL DATES There are 5 Violations. Arranged by category: A class: 2 class: 3 class: 0 I Litjsetieuicilse class= 0 ?titE-i?. For Definitions of the columns indicated below, select glossary under the Services f?y? Option (located at the upper right). aili?m?'lt- To sort the columns, click on their underlined headers below in the blue area. .131? Apt Reported Order Violation Violation Description Status Certify By Storv Date. Class no ID. Status Date Date MPFJ nov NOV ID Actual Violations :ssusn Cert. Date Date pripi?ar 3 2016/07/20 530 11322781 27-2005, 2007 adm code arrange and make self? NOV SENT 2016/09/12 (Egan-11352135 3 2016/07/25 5478485 closing the doors .. in the entrance located at apt 3, 2016/07/25 3rd story Ecerti?catinn 3 2016/07/20 A 501 11322782 27-2005 adm code properly repair the broken or NOV SENT 2016/11/11 3 2016/07/25 5478484 defective base cabinet door in the kitchen located at 2016/07/25 apt 3, 3rd story 3 2016/07/20 A 501 11322796 627-2005 adm code properly repair the broken or NOV SENT 2016/11/11 3 2016/07/25 5478484 defective entrance door in the room from east 2016/07/25 Correction located at apt 3, 3rd star-,- 2016/07/20 188 11322803 185, 240 m/d law properly ?re retard in accordance NOV SENT 2016/09/12 Cellar 2016/07/25 5478486 with the rules and regulations of this department the 2016/07/25 cellar ceiling at electrical meter room Images 2016/01/19 501 11081230 5 27-2005 adm code properly repair the broken or NOT 2016/03/14 1 2016/01/25 5350130 defective baseboard radiator at public hall, story COM PLIED 2016/02/22 2015/07/22 Map City Life City Agencies Of?ce ofthe Mayer Contact Us Search NYC.goii - new Yank Chili's omcm was SITE . . . . . . . . . . . Services News 8: Features httos:llhodonli ne.hodnvc.oro/H PD onlinelsel ect applicati on.aspx SCHEDULE HPD Complaint History 7/27/2016 HPD Building Info 7/27/2016 062116 HPD Building, 84 Violation SerViceslT? STecI-u I The selected address: 1355 DECATUR STREET, Brooklyn 11237 Range Block Lot CD Stories A Units Units Ownership Registration/il Class 90l639 Active l355?1355 03-131 0028 4 40900 3 3 0 PVT 382789 Other Units Owner Registratian Charges Carnelaint Status Comglaint Histo? Submit Csrti?sa?eet Installer: i011 Stews Drier teat QP en. Ellis E_c. a: ttifisatLon O?vgrd up Le_a_cl Bi!th ?sh. Car {33111011 Complaint History Histo rial de Queias Complaints received by the Department of Housing Preservation and Development within the last year are listed below. Note: One complaint may have multiple complaint conditions associated with it. If you require information regarding a complaint older than 1 year, you may contact HPD at any of the Borough Office locations to request a copy. There may be a fee for any requested copies. TENANTS: If your landlord does not correct the condition(s), you have the right to initiate a tenant action against him/her in Housing Court. The Court has the authority to order the landlord to correct the condition(s) and can assess penalties for failure to comply. There is a $45 fee to ?le, which the Court may waive if you are unable to pay. For further information on the court process, you can call the Citywide Task Force on Housing Court at 212-962-4795, weekdays between 2 PM and 5PM. LANDLORDS: Take immediate action to correct the conditions cited below. Failure to comply may result in the issuance of a violation and/or Housing Court action. Find Apartment# anoiicationasox Complaint Date Complaint/i-L Anti-l Complaint Condition Condtion Detail Location 07/25/2016 8053536 1-1-1283518052 2 WATER-SUPPLY N0 WATER BUILDING-WIDE 07/25/2016 8053289 3 GAS OFF ENTIRE BUILDING 07/25/2016 8053289 3 ENTIREBUILDING NO HOT WATER ENTIRE BUILDING 07/25/2016 8053286 2 ENTIREBUILDING NO HOT WATER BUILDING-WIDE 07/25/2016 8053286 2 GAS OFF ENTIRE BUILDING 07/24/2016 8052625 1-1?1282982172 2 NO WATER BUILDING-WIDE 07/24/2016 8052616 1-1-1282981822 3 WATER-SUPPLY NO WATER BUILDING-WIDE 07/24/2016 8052615 1-1-1282983892 3 WATER-SUPPLY NO WATER BUILDING-WIDE 01/27/2016 7840390 3 WALLS PAINT DIRTY ENTIRE APT 01/19/2016 7820139 3 RADIATOR BRKN 0R MISSING PUBLIC HALL 01/06/2016 7787526 3 RADIATOR BRKN OR MISSING PUBLIC HALL 01/06/2016 7787526 3 RADIATOR BRKN OR MISSING OTHER 12/18/2015 7753402 3 WINDOW FRAME OTHER 12/18/2015 7753402 3 RADIATOR BRKN OR MISSING OTHER 12/16/2015 7750415 1-1-1189075792 3 APARTMENTONLY NO HOT WATER ENTIRE APT 12/11/2015 7746363 1-1-1187426462 3 APARTMENTONLY NO HOT WATER ENTIRE APT 12/07/2015 7740017 3 WINDOW FRAME BEDROOM 12/07/2015 7740017 3 RADIATOR BRKN OR MISSING OTHER 12/02/2015 7732535 1-1-1183843492 BLDG RADIATOR DISCONNECT APT PUBLIC HALL 12/02/2015 7732535 1-1-1183843492 BLDG RADIATOR DISCONNECT APT LOBBY 11/ 17/2015 7705992 3 BRKN OR MISSING BLDG ENTRANCE 11/17/2015 7705992 3 MOLD LIVING ROOM 11/17/2015 7705992 3 RADIATOR BRKN OR MISSING OTHER 11/17/2015 7705992 3 DOOR LOCK BOILER ROOM 10/19/2015 7660186 1-1-1166605752 3 ENTIREBUILDING NO HEAT BUILDING-WIDE 10/19/2015 7660170 1-1-1166602672 3 BOILER BROKEN BOILER ROOM 1/2 7127/2016 HPD Building Info 10/02/2015 7584770 1-1-1159939522 BLDG RADIATOR BRKN OR MISSING BASEMENT 10/02/2015 7584770 1-1-1159939522 BLDG RADIATOR BRKN OR MISSING LOBBY 10/02/2015 7584770 1-1-1159939522 BLDG RADIATOR BRKN OR MISSING PUBLIC HALL 09/22/2015 7567067 1-1-1156169882 3 DOOR NOT SELF CLOSE PUBLIC HALL 09/22/2015 7567067 1-1-1156169882 3 DOOR LOCK LOBBY 09/ 14/2015 7560708 1-1-1152634162 1 - DOOR LOCK LOBBY 08/13/2015 7535038 1-1- 1140327052 2 MOLD ENTIRE APT 08/13/2015 7535038 1-1-1140327052 2 MOLD LIVING ROOM 08/13/2015 7535038 1?1-1140327052 2 MOLD BATHROOM 08/13/2015 7535038 1-1-1140327052 2 MOLD BEDROOM 08/13/2015 7534875 1-1-1140226452 3 MOLD OTHER 08/13/2015 7534875 1- 1~1140226452 3 MOLD LIVING ROOM 1 News& Features City Llfa City Agendas man afthe Maym 1 canth 1 Searth NYC.gov - NEW YORK OFFICIAL WEB SITE PDonIine/select applicationaspx 7/27/2016 HPD Building Info 7/27/2016 062116 HPD Building, Registration Violation Services ?Seieci? The selected address: 1357 DECATUR STREET, Brooklyn 11237 Range Block Lot CD CcnsusTract Stories A Units Units Class 913840 Active l357-l357 0128 4 40900 3 3 - PVT 382790 Other Units Owner Registration Inform aticin Cettifisats 9f Installation Litigation/Case ?tthuA-t Tenant Egress-11.1 an! ?lLQeea Violatipns grioryear Complaint History Historial de Que-L35 Complaints received by the Department of Housing Preservation and Development within the last Charges . . . . . . year are listed below. Note: One complaint may have multiple complaint conditions aSSOCIated gpmpiaint With it. Sam-3 If you require information regarding a complaint Older than 1 year, you may contact HPD at any of Camels-int the Borough Of?ce locations to request a copy. There may be a fee for any requested copies. History; TENANTS: If your landlord does not correct the condition(5), you have the right to initiate a tenant Submit action against him/her in Housing Court. The Court has the authority to order the landlord to correct the cOndition(s) and can assess penalties for failure to comply. There is a $45 fee to ?le, which the Court may waive if you are unable to pay. For further information on the court process, you can call the Citywide Task Force on Housing Court at 212?962?4795, weekdays between 2 PM and 5PM. LAN DLORDS: Take immediate action to correct the conditions cited below. Failure to comply may result in the issuance Of a violation and/or Housing Court action. Find Apartment# ?in: applicationaSDx 999" Welds Complaint Date Complaint# Apt# Complaint Condition Candtion Detail Location 07/26/2016 8054583 1-1?1284099342 BLDG NO WTR BUILDING-WIDE Esat??catinn 07/25/2016 8053305 BLDG ENTIREBUILDING NO HOT WATER ENTIRE BUILDING 07/25/2016 8053305 BLDG GAS OFF ENTIRE BUILDING Lead 07/25/2016 8052814 1-1-1283146102 123 ENTIREBUILDING NO HOT WATER 07/25/2016 8052814 1-1-1283146102 123 GAS SHUT- OFF BUILDING-WIDE 07/24/2016 8052507 1-1-1282872052 123 GAS OFF BUILDING-WIDE 07/24/2016 8052507 1-1?1282872052 123 ENTIREBUILDING NO HOT WATER BUILDING-WIDE Lease 07/23/2016 8052136 1-1-1282477812 BLDG GAS SH OFF BUILDING-WIDE 07/23/2016 8052136 1?1-1282477812 BLDG SIGNAGE MISSING ES SERV POSTING BUILDING-WIDE 07/23/2016 8052134 1-1-1282471972 BLDG ENTIREBUILDING NO HOT WATER BUILDING-WIDE PROS Oniine 07/22/2016 8051757 1-1-1282242122 BLDG ENTIREBUILDING NO HOT WATER 07/22/2016 8051757 1-1-1282242122 BLDG GAS SHUT- OFF BUILDING-WIDE Man 07/21/2016 8051107 1-1-1281821752 BLDG GAS SHUT- OFF BUILDING-WIDE 07/21/2016 8051103 1-1-1281837312 BLDG GAS OFF BUILDING-WIDE 07/21/2016 8051103 1-1-1281837312 BLDG ENTIREBUILDING NO HOT WATER BUILDING-WIDE 06/11/2016 8017846 1-1?1263221392 1 DOOR FRAME FRAME BROKEN BLDG ENTRANCE 06/11/2016 8017846 1-1-1263221392 1 RADIATOR BRKN OR MISSING PUBLIC HALL 06/11/2016 8017846 1?1-1263221392 1 RADIATOR BRKN OR MISSING LOBBY 06/11/2016 8017840 1-1-1263218222 1 WINDOW FRAME ENTIRE APT 06/11/2016 8017840 1?1-1263218222 1 RADIATOR BRKN OR MISSING PRIVATE HALL 06/11/2016 8017840 1-1-1263218222 1 FLOOR BEDROOM 06/11/2016 8017840 1-1?1263218222 1 FLOOR OTHER 06/11/2016 8017840 1-1-1263218222 1 CABINETS DEFECTIVE BATHROOM 06/11/2016 8017840 1-1-1263218222 1 FLOOR LIVING ROOM 06/11/2016 8017840 1-1-1263218222 1 WALLS PAINT DIRTY ENTIRE APT 06/11/2016 8017840 1?1-1263218222 1 MOLD BATHROOM 1/2 71/27/2016 HPD Building Info 06/11/2016 8017840 1-1-1263218222 1 OUTLET DEFECT BATH ROOM 06/11/2016 8017840 1- 1- 1263218222 1 WALLS PEELING BEDROOM 01/27/2016 7840397 PP WALLS PAINT DIRTY PUBLIC HALL 01/12/2016 7799633 1-1-1198791932 BLDG ENTIREBUILDING NO HEAT BUILDING-WIDE 12/02/2015 7732536 1-1-1183829652 BLDG RADIATOR DISCONNECT APT LOBBY 12/02/2015 7732536 1-1-1183829652 BLDG RADIATOR DISCONNECT APT PUBLIC HALL Emma Newsnaaturas Eity Life EltyAgendes Uf?cn nfthe Mayer I Contacws Search NYC.gau - ?aw YORK cnv?? OFFICIAL was 51 re PDonlinE-Jselect Additional Conditions Alleged by Petitioners 1355 Decatur Street Common Areas: No heat in hallway Broken tiles in hallways Front door not properly secured Broken plaster around front door Broken door frame on front door Cut pipes in cellar Hallway needs painting Hole in wall of cellar Mold in cellar Smoke detectors not working Broken radiator in laundry room Apartment 3: Peeling paint in bathroom Mal?mctioning light ?xture in living room Apartment door not self-closing Bathroom door falling off Hole in bathroom door Bathroom cabinets broken Mold on wall of balcony Broken phone jack Stove valve broken 1357 Decatur Street Common Areas: No hot water in entire building since July 20, 2016 No gas to entire building No heat in hallway Hallway needs painting Apartment 1 Peeling paint in bedrooms Mold on walls in bedrooms Inadequate water pressure in toilet Inadequate water pressure in shower Leaky shower head 0 Drain stOppage in bathtub - Thermostat broken Apartment 2: - Patio screen door needs replacement Apartment 3: - Floors in kitchen broken/warped Radiators in kitchen defective - Radiators in bedroom defective Radiators in living room defective - Faucet in kitchen leaks - Pipes in kitchen leak Stove broken 0 Broken ?oor tiles in living room 0 Broken floors in dining room 0 Buzzer broken 0 Black mold on balcony - No covering for air conditioner alcove in bedroom 0 Bedroom ?oor broken 0 Outlets in bedroom defective - Outlets in living room defective - Outlets in kitchen defective 0 Door frame in bedroom broken 0 Peeling paint on bedroom window sill 0 Bedroom window won?t close 0 Bathroom electricity defective Toilet water pressure inadequate 0 Shower water pressure inadequate 0 Air vent in bathroom not working 0 Shower drain broken - Stove air vent broken - Stove light broken 0 Paint peeling around stove I Peephole broken - Hole in wall in bedroom - Closet jammed in bedroom 0 Mold under sink in kitchen 0 Balcony door has no lock SCHEDULE National Grid Warning of Hazardous Condition nationalgrid ??u-Hing Comlii?inn . - ?8w: A I I. .J .- wine-un.{I-Inr-i. {nil-"uh -. - I . .. lui I'll. 'Lf?lfllaCIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART ALEX CIARAMELLO, LISA Index No. (3012 7s SADYKOV, PAULA THOMAS, and LYRIC THOMPSON, Tenants-Petitioners, -against~ AFFIRMATIO DECATUR ASSETS LLC, FRANK TEHRANI, and SUPPORT 0 ORDER TO ALEN PAKNOVSH a/k/a ALEN PAKNOUSH a/k/a SHOW CAUSE ALAN PAKNOUSH a/k/a ALLEN PAKNOUSH, -and- Premises: 1355-1357 Decatur Street NEW YORK CITY DEPARTMENT OF HOUSING Brooklyn, New York 11237 PRESERVATION AND DEVELOPMENT, City-Respondent LINA LEE, ESQ, an attorney permitted t0 practice law before the courts of the State of New York, affirms pursuant to CPLR 2106(8) and under the penalties nfperjury the following: I. I am a staff attomey at Brooklyn Legal Services Corporation A (of counsel to Martin S. NeedeIi-nan and Paul J, Acinapurfl, Esqs.), attorneys for the Tenant-Petitinneis and, as such, am familiar with the facts of this proceeding, 2. I submit this affirmation in support cftheir petition by order to show cause, for an ORDER: a. Enjoining Landlord-Respondents from permitting said violation to exist and from permitting any other conditions to exist which endanger the life, health and safety of petitioners and their families; b. Finding that the conditions in Schedule A, B, and constitute violations, most urgently the lack of cooking gas and hot water, directing City-Respondents the Department of Housing Preservation and Development to register such violations, and directing the Landlord-Respondents to correct said violations within the time provided by Section 27?2115(c) of the Administrative Code of the City of New York or be subject to the civil penalties provided by for Section 27?2115(a) of said Code; c. Imposing upon Landlord-Respondents the civil penalties provided by Section 27- 2115(a) of the Administrative Code of the City of New York, based upon Landlord- Respondents? failure to correct the violations hereto contained in notices of violations issued by the Department of Housing Preservation and Development and Department of Buildings, and to enter a judgment against the Landlord-Respondents for the amount of civil penalties imposed by the Court; d. Directing the Landlord-Respondents to pay petitioners? costs, disbursements and counsel fees for this action; 6. For such other and further relief as may be just and properl; 3. For the factual basis upon which this action is based, I direct the Court to review the annexed Veri?ed Petition2 and the statement of facts below. PRELIMINARY STATEMENT 4. Tenants-Petitioners bring this action by order to show cause to immediately correct all violations including turning on the gas and hot water for the Petitioners who sides in 1357 Decatur. For reference, Decatur Assets LLC will be referred to as ?the owner?; 1355 and 1357 Decatur Street, Brooklyn, New York 1 1237 will hereinafter be referred to as the ?subject premises.? 2 Under CPLR 105(u), the verified petition is the evidentiary equivalent to an af?davit. 5. The owner?s persistent failure to perform its basic duties of maintenance and repair has created a dire situation, wherein blameless tenants have been forced to live in hazardous conditions. 6. The owner failed to conduct required repairs causing, for example, the gas pipe to leak. The tenants were left without gas and hot water, preventing them from everyday activities such as showering and cooking. 7. The Tenants?Petitioners seek to remedy egregious conditions of disrepair at the premises and halt harassment by their landlord. 8. Tenant-Petitioners have constantly notified the owner but the owner has failed to make the repairs. 9. Tenant-Petitioners urgently seek to compel Landlord to do its job by repairing the conditions and ending the abuse, neglect, and harassment that threaten their life, health, and safety. APPLICABLE LEGAL STANDANDS 10. In a special proceeding, where no triable issues of fact are raised, the court must make a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it. CPLR 409(b); Friends World College v. Nicklin, 671 489, 490 (2d Dept. 1998). 11. CPLR 409(b) states ?the court shall make a summary determination upon the pleadings, papers and admissions to the extent that no triable issues of fact are raised.? A special proceeding under CPLR 409(b) ?is subject to the same standards and rules of decision as apply on a motion for summary judgment.?3 Unlike that in a plenary action, the petition in a 3 Karr v. Black, 55 82, 86 (lst Dep't 2008); see also Friends World College v. Nicklin, 249 393, 394 (2d Dep?t 1998) (?In a special proceeding, where no triable issues of fact are raised, the court must make a summary detemiination on the pleadings and papers submitted as if a motion for summary judgment were before 12. 13. 14. Special proceeding ?must be accompanied by competent evidence raising a material issue of fact.? The petition shall be supported by af?davits, the pleadings and by other available proof.4 The supporting af?davit must be made by a ?person having knowledge of the facts.?5 Alternatively, an attorney?s af?rmation based on documentary evidence is also suf?cient to comply with the requirements of summary judgment. Alvarez v. Prospect Hosp, 68 320, 325 (1986). The petitioner has the initial burden to establish a prima facie showing of entitlement to judgment as a matter of law by tendering evidence suf?cient to demonstrate the absence of material issues of fact. Id. If the petitioner establishes a prima facie showing, the opposing party must produce evidentiary proof of material issues of fact which demonstrate the need for a trial. Id. General denials are insuf?cient to raise triable issues of facts.6 Finally, CPLR 409(b) states that the court may make any orders permitted on a motion for summary judgment. This provision authorizes the court to make partial determinations on one or more causes of action, or as great a portion of the case as possible.7 Furthermore, the Court is authorized if a trial is necessary to ?make an order in nature of a pre?trial order which would specify the issues to be tried, de?ne the scope of trial and remove from the case facts which are not disputed or which are incontrovertible.?8 4 Id. 5 Id. 6 Iandoli v. Lange, 35 793, 793 (lst Dep?t 1970); See also Gould v. McBride, 36 706, 706?707 (lst Dep ?t 1971) stating (a general denial, without more, will not suf?ce to raise an issue of fact). 7 See Vincent C. Alexander?s Practice Commentaries on CPLR 409, McKinney?s Consolidated Laws of New York Annotated, Book 7B, quoting N.Y.Adv.Comm. on Prac. Proc., Third Prelim. Rep., Legis.Doc.No.17, p.160 (1959). 3 Id. 15. 16. 17. 18. 19. 20. 21. 22. 23. Once this Petition is scheduled for hearing and the court is furnished with all papers, this Court should grant summary determination, or, if this court ?nds issues of material fact, set this matter down for immediate trial. STATEMENT OF FACTS The subject premises are 1355 and 1357 Decatur Street, Brooklyn, NY 11237. Tenant-Petitioners represent ?ve (5) of the six (6) occupied units at the subject premises. As of writing, HPD has con?rmed 9 violations in the premises. See Schedule A. These violations include 2 immediately hazardous violations including failure to provide gas. See Schedule A. The owner has had ample notice of these conditions, some of which have existed for years. See Schedule A. Despite notice, the hazardous conditions of disrepair persist. Most recently, on July 20, 2016, National Grid issued a Warning of Hazardous Condition, ?nding a gas leak in the house piping, requiring that the hot water and gas be turned off, attached as ?Schedule For over a week, the tenants of 1357 Decatur did not have hot water and gas to shower or cook. ARGUMENT 1. THIS COURT SHOULD SUMMARILY DETERMINE THAT THE CONDITIONS IN THE PETITION ARE VIOLATIONS, SHOULD BE REGISTERED BY HPD, CORRECTED BY THE LANDLORD Here, the documentary evidence demonstrates that the owner has 9 violations of the HMC. See Schedule A and B. Therefore, this Court should issue a summary decision that the owner must correct these conditions. 24. 25. 26. 27. 28. 29. 30. Moreover, the conditions listed in Schedule and are also violations of the HMC, which this court may also determine are violations that should be registered by HPD and corrected by the landlord. Therefore, this Court should ?nd that the conditions described in the petition constitute violations, direct the City-Respondents to register such violations, and direct the Landlord- Respondents to correct said violations within the time provided by Section 27-2115(c) of the Administrative Code of the City of New York or be subject to the civil penalties provided by for Section 27-2115(a) of said Code. II. LANDLORD-RESPONDENTS ARE LIABLE FOR CIVIL PENALTIES HP judges can adjudicate claims for civil penalties. HMC 27-2115 (0), If an owner has not corrected HMC violations within the time set forth in the Notice of Violation, an occupant may seek civil penalties for failure to correct those violations. HMC 27-21 16. As demonstrated above, the owner is demonstrably liable for civil penalties for the failure to correct the violations contained in Schedule A. Currently, the owner has failed to correct nine (9) HPD violations: two (2) class violations, four (4) class violations, and three (3) class violations. Because of the landlord?s conduct in this case is ?agrant, this Court should impose the maximum penalty for each violation. Therefore, the owner should be ?ned one hundred ?fty dollars ($150) for its three (3) class violations. 31. 32. 33. 34. 35. 36. 37. 38. 39. For its four (4) class violations, the owner should be ?ned four hundred dollars ($400) overall plus ten dollars per day for each day the class violations are outstanding. Some of these violations have been outstanding since 2008. For its two (2) class violations, the owner should be ?ned one hundred ?fty dollars ($150) per violation, for a total of three hundred dollars ($300) overall, plus one hundred twenty??ve dollars ($125) for each day from the or order?s correction date. This Court should also assess costs in this case, totaling ($150) against the losing owner. Moreover, this Court should also ?nd the owner liable for civil penalties for the violations listed as conditions in Schedule A or do so at the trial. Therefore, this Court should impose civil penalties on Landlord-Respondents pursuant to HMC for its failure to correct and enter a judgment against the Landlord-ReSpondents for the amount of civil penalties imposed by the Court. LANDLORD-RESPONDENTS SHOULD PAY DISBURSEMENTS AND COUNSEL FEES COSTS, The Second Department recently ruled that when a lease permits an owner to recoup attorney fees, RPL 234 affords HP tenant-litigants a reciprocal right to attorney?s fees. Casamento v. Juaraegui, 88 345 (2nd Dep?t 2011). Here, Tenant-Petitioner?s leases permit the owner to recoup attorney fees in the event of litigation with a tenant. Therefore, HP Tenant-Litigants should be afforded the reciprocal right to fees pursuant to RPL 234. Therefore, this Court should direct the Landlord-Respondents to pay petitioners? costs, disbursements and counsel fees for this action. Dated: Brooklyn, New York August 2, 2016 Cw . 1. . - SERVICES CORPORATION A Martin S. Needelman, Esq. Paul J. Acinapura, Esq. Attorneys for Tenants-Petitioners By: Lina Lee, Esq. Preserving Affordable Housing Program Group Representation Unit Of Counsel 619 Throop Ave, Fl 3 Brooklyn, New York 112116 Tel: (718) 487-23 07 Email: llee@bka.org Index No. CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS: HOUSING PART ALEX CIARAMELLO, LISA PETERSON, DIANA SADYKOV, PAULA THOMAS, and LYRIC Tenants-Petitioners, -against- DECATUR ASSETS LLC, FRANK TEHRANI. and ALEN PAKNOVSH ALEN PAKNOUSH afkfa ALAN PAKNOLJSH afIO'a ALLEN PAKNOUSH LandIord?Respondents, ?and? NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT. City?Respondent. ORDER TO SHOW CAUSE AND VERIFIED PETITION AND AFFIDAVIT A 0 BROOKLYFEEOAL SERVICES CORPORATION A Martin S. Needelman, Esq. Attorneys for Tenant-Petitioners By: Lina Lee, Esq., Staff Attorney Of Counsel 619 Throope Avenue, 3rd Floor Brooklyn, NY 11216 TellFax: (718) 487-2307 Email: llee@bka.org