CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B ; : . fe fag & ON, MILAGROS LOPEZ, DAISY MATIAS, + Index No. HP__ ob, AS, GABRIEL MATIAS, CARMEN : RA and ARMONDO YANES, ‘Yenant-Petitioners, : OR + WITH TEMPORARY, : RESTRAINING ORDER -against- 920 BUSHWICK, LLC, SAPEGUARD REALTY MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM Premises: JONES, JOHN DOE, JANE DOE, and PETER DOE, + 920 Bushwick Avenue Landlord-Respondents, : Brooklyn, New York 11221 -and- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, City-Respondent. UPON reading the annexed Verified Petition/Affidavit, swom on the 13th day of December, 2016, and the Affidavits of MANUEL MATIAS, DAISY MATIAS, and HECTOR RIVERA swom to on the 13th day of December, 2016, and good cause having been shown, It's ORDERED, thot the Respondents are directed to appear before this Court and Show Cause at @ sivil Court of the City of New York, Part B, to be held at the Motion Term of the Housing of the Courthouse at 141 Livingston Street, Room 409, Brooklyn, New York, on the {© day of Moa, 201%], at 9:30 am. or as soon thereafter as the parties or their counsel may be heard. WELY an Order should not be made |. Prohibiting Landlord-Respondents and any agents of Landlord-Respondents om any conduct designed to harass or intimidate tenants, pursuant to Section 27-2120 of theAdministrative Code of the City of New York: 2. Imposing upon Landlord-Respendents the civit penalties provided by Section 27- 2115(m)(2) of the Administrative Code of the City of New York, based upon Landlord- Respondents’ harassment not less than one (1) thousand dolars and not more than ten (10) thousand dollars for each dwelling unit in which a tenant or any personal lawfully entitled to occupancy of sueh unit has been harassed; 3. Prohibiting the Landiord-Respondents and any agents of Landlord-Respondents fiom any conduct designed to interfere with Tenant-Petitioners’ rights to form, join or participate in the lawful activities of any group, committee or other organization formed to protect the rights of tenants, pursuant to Section 230 of the New York State Real Property Laws ing or barring the individual known as “PETER”, 4. Pending resolution of this matter, enjoi referred to in the above caption as PETER DOE, who is believed to be the superintendent of 920 Bushwick Avenue, Brooklyn, New York, from entering said premises: Directing Landlord-Respondents to hice a live-in superintendent as required for a building with ten (10) or more units pursuant to Section 27-2083 of the Administrative Code of New York and Section $3 of the Multiple Dwelling Law; 6. Finding that the conditions described in the Verified Petitions/ASfidavits constitute violations, directing City-Respondent Department of Housing Preservation and Development to register such violations, and directing 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; 7. Imposing upon Landlord-Respondents the civil penalties provided by Section 27-21 15(a)of the Administrative Code of the City of New York, based upon Landlord-Respondents? failure to correct violations hereto contained in notices of violations issued by the Department of Housing Preservation and Development, and to enter a judgment against the Landlord-Respondents for the amount of civil penalties imposed by the Coust; 8, 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; 9, Directing the Landlord-Respondents to pay Tenant-Petitioners” costs, disbursements and counsel fees for this action: and 10. For such other and further relief as the Court may deem just and proper it is FURTHER ORDERED that a copy of this Order, and the supporting papers on which itis based, shall be served upon Landlord-Respondents, either personally or by Certified Mail, Retum Receipt Requested, on or before the QA day of \eremberr 201"), and that all such service may be made by any party to this proceeding. If the owners or managing agent are registered with the Department of Housing Presorvation and Development, such mailing may be made to them at the address(es) so registered. Mailing fo the Department of Housing Preservation and Development shall be made to the Housing Litigation Bureau, 100 Gold Street, New York, New York 10038. DATED: Brooklyn, New York December off . 2016 yupGH, HOUSING COURTCIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B co ae me = x DAISY MATIAS, : Index No. HP_342Q || (¢ KAREN LEMON, MILAGROS LOP! MANU MATIAS, GABRIEL MATIAS, CARMEN HECTOR RIVERA and ARMONDO YANES, Tenant-Petitioners, + VERIFIED STITION/AFFIDAVIT 920 BUSHWICK, LLC, SAFEGUARD REALTY : Premises: MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM JONES, JOHN DOE, JANE DOE, and PETER DOE, 920 Bushwick Avenue Brooklyn, New York 11221 Landlord-Respondents, + -and- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, STATE OF NEW YORK } } ss. } COUNTY OF KINGS. ‘The undersigned, being duly sworn, hereby swear that the following statements are true or that we believe them to be true based on our information or belief: 1. We are the Tenant-Petitioners in this matter, and we reside in 920 Bushwick Avenue, Brooklyn, New York (hereinafter the “Premises”). We make this Verified Petition/Affidavit in support of the relief sought in the Order to Show Cause with temporary restraining order. We are all members of the 920 Bushwick Avenue Tenants Association (hereinafter the “Tenants Association”), an association formed out of concem for our rights after the' Addi building was sold to its current owner We are all also members of the People’s Garden of Bushwick Coalition (hereinafter the “Coalition”), a coalition comprised of the tenant associations of three buildings located in the Premises, 946 Bushwick Avenue, Brooklyn, New York, and 1075 Greene Avenue, Brooklyn, New York, We formed the Coalition because we believe our buildings were all purchased by the same shits as Cenants. owner and we have mutual concerns about ou According to public records available on the Department of Housing Preservation and Development's (hereinafter “HPD”) website, the Premises contains a total of twenty-four (24) residential units According to public records available on HPD’s website, 920 BUSHWICK, LLC is the owner of 920 Bushwick Avenue; GRAHAM JONES is the head officer; SAFEGUARD REALTY MANAGEMENT, INC,, is the property management company; BENJAMIN SOPKIN is the managing agent for the Premises; JOHN DOE and JANE DOE, being, fictitious names of parties whose exact identities are unknown to the Tenant-Petitioners, are persons, including but not limited to eorporate officers and shareholders, who control assets 0f 920 BUSHWICK, LLC, including the Premises, (hereinafter “Landlord-Respondents”).! A man known to Tenant-Petitioners as “PETER”, referred to in the above caption as PETER DOB, is the superintendent of the Premises and an employee of Landlord- Respondents.” jonally, according to public records available on HPDs website, GRAHAM JONES is the head officer, SAFEGUARD REALTY MANAGEMENT, INC., is the property management company, and BENJAMIN SOPKIN jis the managing agent for both 946 Bushwick Avenue and 1075 Greene Avenue. ? “PETER” is also the superintendent of 946 Bushwick Avenue and 1075 Greene Avenue.8 Per Section 27-2115 of the Administrative Code of the City of New York and Section 110 of the New York City Civil Court Act, we have standing to bring this proceeding as tenants of the Premises, Upon information and belief, the Landlord-Respondents have engaged in a course of conduct that falls within the definition of harassment as articulated in Section 27-2004(48} of the Administrative Code of the City of New York. ‘This conduct includes, but is not limited to, the following acts and omissions: a. Use of illegal b 1yout offers; i, Agents of Landlord-Respondents—including agents of Safeguard Realty Management, Inc., and Peter, the superintendent— have repeatedly offered 1 large majority of us buyout offers to induce us to vacate our rent stabilized apartments. The majority of these offers were made orally. See, Affidavit of Daisy Matias, attached herein as “Exhibit 1”, ff 10-18. ii, None of the offers were accompanied by written information explaining (1) the purpose of the contact, (2) that we may reject the offer and continue to live in our apartment, (3) that we may seek the guidance of an attorney and where we could find information on such legal services, (4) that such contact is made by or on behalf of the owner, and (5) that we may, in writing, refuse any such contact, which we understand are disclosures that are required under the law. See Exhibit 1, {¥] 17-18. iii, In fact, Landlord-Respondents even used the threat of withholding essential maintenance services and refused to offer renewal leases when the tenants refused the buyout offers, See Exhibit 1, 12; see also Affidavit of ManuelMatias, attached herein as “Exhibit 2”, 413. b. Use of agents to engage in tactics of intimidation and sexual harassment; i, Peter, the superintendent, is aggressive, has made explicit and implicit threats to tenants’ safety and wellbeing, and uses racially and sexually explicit language when communicating with tenants. See Letter to Grabam Jones from Counsel to Tenant-Petitioners, dated November 21, 2016, attached herein as “Exhibit 3”, see also, Exhibit 2, 9 5. ii, Landlord-Respondents are aware of its employee's behavior and have explicitly chosen to do nothing, See Affidavit of Hector Rivera, attached herein as “Exhibit 4°, {9 14-17; see also Exhibit 3 ¢. Failure to make repairs, See Exhibit 2, $¥] 5-12; see also Exhibit 4, #9 24-25, 10, Landlord-Respondents have interfered with our rights as tenants to participate in a tenants association. They have harassed, punished, penalized, diminished, and withheld our rights, benefits or privileges as tenants for participating in a tenants association. All of Landlord- Respondents’ aforementioned conduct is prohibited by Section 230 of the New York Real Property Law. Such conduct includes, but is not limited to, the following acts and omissions a, Use of agents to infiltrate tenants’ association meetings. See Exhibit 2, f 15-20, b. Use of agents to threaten and intimidate tenants from participating in tenants associations, See Exhibit 4, $9] 10-13. 11. Upon information and belief, there is no live-in superintendent at 920 Bushwick Avenue as required for buildings with ten or more units pursuant to Section 27-2083 of the Administrative Code of New York and Section 83 of the Multiple Dwelling Law12, 16, 17, Furthermore, all of the conditions listed in the attached “Schedule A” currently exist in our apartments and in the common areas of the Premises. . Also attached is “Schedule B,” a list of those conditions found to be and recorded as violations of the Housing Maintenance Code. On information and belief, all of the conditions described in “Schedule A” constitute violations of the Housing Maintenance Code and/or Multiple Dwelling law and other applicable laws and regulations, HPD has failed to issue a notice of violation for said condition unless included in HPD’s Summary Violation Report for the Premises. All of the violations listed in the HPD Complaint History for the Premises continue to be violations of the Housing Maintenance Code. HPD has failed to seek or obtain the appropriate fines and penalties for those violations which haye not been corrected in the time provided by lawVERIFIC. TION ‘The undersigned, being duly sworn, depose and say that: 1, We are the Tenant-Petitioners in the proceeding. 2. We have read or hear the foregoing Verified Petition/Affidavit and know its contents. 3. ‘Those contents are true to our knowledge or on information and belief, in which case we believe them to be true 7 ae Waren Lemen BF Petitioner, 920 Bushwick Avenue ‘Tenan Carmen Ferré On Tenant-Petitioner, 920 Bushwick Avenue Matin Daisd Matiag Gb Tenant-Petitioner, 920 Bushwick Avenue bby be fr aS babat! bfafes BC Tenant-Petitioner, 920 Bushwick Avenue “Wencel Haties 3D Tenant-Petitioner, 920 Bushwick Avenue Me se) ‘Tenant-Petitioner, 920 Bushwick Avenue Anafecyees dann Apt b my Tenant-Petitioner, 920 Bushwick Avenue ABO os 4B Tenant-Petitioner, 920 Bushwick AvenueAFFIDAVIT OF TRANSLATION STATE OF NEW YORK} COUNTY OF KINGS } MILAGROS SANDOVAL, being duly swom, deposes and says that: 1. Tam over 18 and am not a party to this proceeding, 2. Tam fluent in Spanish and English 3. On December 13, 2016, | translated the foregoing petition and affidavit from English to Spanish, prior to being signed by the Tenant-Petitioner ARMONDO YANES, 4, Mr. Yanes indicated to me that he understood and agreed with the contents of said affidavit prior to signing the same. MILAGROS fANDOVAL’ Sworn to before me this [(2 day of December, 2016. XL pecence lotary Public = State of New York CAITRIN L. COCCOMA Notary Pubic, State of Naw York: Reg, No. 02006348757 Cualifed in kings County My Commission Expires Oct 3, 2020SCHEDULE A.List of Conditions 920 Bushwick Avenue Carmen Perez — Apt. 3A Bedroom#l Ceiling Falling Window glass cracked/broken Window defective Peeling paint Kitchen Ceiling leaks Drain stoppage Facets leak Floor tiles b Windows defective oken/missing Bathroom Pipes fixtures leak Ceiling leaks Ceiling falling/fell a ‘bulges in walls Bathtub/shower defective Wall tiles broken/missing Windows defective Light fixture/outlet missing Floor tiles broken/missing Door lock defective Wall tiles broken/missing Living Room Floors warped/broken Window glass cracked/broken Light fixture/outlet defective Entire Apartment Mold/mildew on walls/ceiling Floors sag, Mice Apartment needs painting Cracks in wallsiceiling Apartment door/door frame brokenGabr — Apt 3C Bedroom Ceiling falling Radiators/Steam pipes leaking Walls cracked/bulging Kitchen Faucets leak Stove defective Cabinets defective/broken Wall tiles broken/missing Floor tiles broken/missing Floor warped/broken Bathroom Ceiling leaks Ceiling falling Ceiling fell Plaster fell Light fixture/outlet defective Floor tiles broken/tnissing Wall tiles broken/missing Living Room Cracks/bulges in wall/ceiling Radiators/Steam pipes leaking For Entire Apartment Mold/Mildew on walls/ceilings Public Areas and Building grounds Bell/buzzer/intercom system do not work Lucelenia Matias ~ Apt. 3D Bedroom #1 Ceiling Leaking Kitchen leaks Ceiling falling Cracks/bulges in wallsFloor tiles broken/missing Bathroom Ceiling leaks Ceiling falling Cracks/bulges in wall Light fixture/outtet defective Floor tiles broken/missing Wall tiles broken/missing Door broken Electrical wiring exposed For Entire Apartment Mold/Mildew on walls/ceilings No cold water Cracks in wall/ceilings Apartment door not self-closing Armondo Yanes ~ Apt. 4B Bedroom #2 Plaster Falling Peeling paint Kitehen Pipes leak Bathroom Bathtub/shower defective Wall tiles broken/missing Living Room Cracks/bulges/holes in walls/ceiling Windows defective Radiators/steam pipes leak Entire Ay iment Lead paint hazard ‘Apartment needs pointing, last painted in 2010 Public Areas and Building grounds Bell/buzzerfintercom system do not work Hallway/Stairwells dirtyDaisy Matias ~ Apt. 4D Bedroom joors warped/broken Window glass eracked/broken Kitchen Cracks/bulges in walls, Bathroom Door broken Tiles need grout Living Room Floors warped/broken Entire Apartment Mold/mildew on walls/ceiling Public Areas and Building grounds Bell/buzzer/intercom system do not workSCHEDULE B‘wnazos HPO Bailing tte wngpois noes Jouon Seeiees| i Baleel~ | Home “The selected address: 920 BUSHWICK AVENUE, Brooklyn 11221 This building has filed records with the New York State Division of Housing and Community Renewal at least one time from 1993 to the present year and may contain one or more regulated apartments. upp Ranse Bowk Let, CD. CenausTruet Stories Ants B Unite Qumersp—egisuaion? Cans DNS) gesive ORIG ORY OOS F398 ‘ Bn 4 pvr pia B fing Registration Summary Report Ce aae ene Lgiear} [‘Searen [states Officer 09/01/2017 JONES GRAHAM 156 avenue FL York NY 10010) Coperation BY RVI o20 ausHicK, LLC 120 WESTIIST ETT Haw yy seo Icertifiexte.or |fAgent_ —_09/01/2017__ MGMT, INC. SOPKIN BENDAMIN 120 street FL_vork NY 100% hnstattation lutination/casa] pretus ‘There are 24 Violations. Arranged by category: A class: class: 0 Belass: 16 Cclass: 2 T nant [Zecessme"’ | For Definitions of the columns indicated below, select glossary under the Services option (located at the upper right). en To sort the columns, click on their underlined headers below in the blue area. Hiolaticns Groved ad Order Volaion Vlotan Besaipton = cenity By Py ba Site ne bate aac - novi ead Leen aks a Cort Dat ae goieyaijae A S6E”“Lasaeaoo 37-3015 nam cade pant wth GM coerced pant We NOUSEWT 7017/0570] costicasion [a Garena 560059" the saetactn ofthis Soportment the west wo 2016/1/24 2dr tram nor ot eat am the 4th room |. : iy eor ested st aps, ath story, 1st [overaue tee partment rors cam tenth [i2in\ viol, | Ins ~-goreraarae 82047516806 6 27-2005 im ace 8 309 will ahaiothe WOW SENT 2017/01/09 bowen 5606907" nuisance constng of porcemn bate (eau) in 20S 2 the Bathroom lecated tk aptab, Ath sary, 2st periment om east at South a fa B0ig/iijie 8 S79 I1S16501 § 29-2026 nam cede repar the waky mH ‘Now seit 2017/01709 je 2ougsti/et 5608007 defective Fayeee dt bathtub in the Bathroom locarod 2016/31/21 ‘apt tb, ih story, 2st apartment iran east at ° “| [as —goreaiiie a $56” aasaes0a § 27-2619 mam cade paint with ight caorod pant vo Wov SENT 7017/03/10} ae boretpat 5606505. the sasfacton of this Separtment wll ali.and 2016/31/21 caingin the enti apartment loeted! pt opt, 4h Rory, ist Spartan am east t south DOIGAIIG © 7OO FTSLGSOI 6 27-2045.1 hme wstal the missing © Now sent 016/724 povesnii2t 5608608 repatjreplace the defective window guord(s)in 2016/11/21 Sceordance mth te spacrieters oe new york ‘Sy ak cad easton 24 reny chapter 12. to ‘stat = 1 to replace ~ 0; a torepai = the entre apartment meted 3 apt, An Sty, fae” poieyrisie Sox 2516504 6 77-2006 acm code propery rapa the broken ew NOV SENT 2017/01/09] a bowers 5608907, Gefecive sntercom system ntheentie apatment 2016/12/24 faa Gargivivie B S02 F1518505 6 27-2005 adm code proper rapa wah senior NOVSENT 3017/01/09] iipeineniine npdrye erg PDeaineseleck application as 18sarseao16 HPD Buleing fo 4 poise 5606510 mater the broken ge defective ceri tae tes in 2016/21/21 Che ktchen cated 3 apt tb, ath st. st Sonrttnont tem aaet at uth a0 2016/13/16. SOE 11916806 627-2008 aam cade property par wen savior HOV SEAT 3017/01/05] ) dexenaaar 5606510 materal he broken ev defectwe ceramic lus 2016/11/21 ‘rin mall tsa Bativeten eats at ap 4, Ath Slay, 1st apartmant fram east 2 uth fis Boleriyjig © 1? 418090504 27 2050.6 adm coda correct the ead’ Dnsed’ NOV SENT —DO6/I2/24] le otertea 3606841 pone hazard = pat that tested postive fread 2046/31/24 ontent and thet peeling or on a deteriorate Subsurface uang wark pacts set forth i 28 Fesiy 81 1-06(0)(2) south wall the ath cea fom fast located at ape ab, ath story, det aparmane from east at south ‘ois/ta7as @ 721° 11454950 G 27-2059 adm code pronde Gwalnag wil wjmtor NOV SENT 2016/12/14 ax 20i8/t0/28 5550072" cererponstle parson or jantora saree 2ove/io/26 2orejaa72s 8 53913405196 5 27-2005, 2007 adm Gade and Gept aks mad NOV SENT _20T6/A7/I4 J 2016/09/26 5522160" repulotone. remove the encumbrance obstructing _ 2016/09/26 tagiess eam fre escapes consisting 0 a candan at front of bulding stock, ath story laa Zorgjos/is w 593 i139a3%8 § 27-2026 adm coderapar the fusing apparatus WOW SENT —2016/13/07| a 2a16/09/19 5516281. and mantain sameso a tough efectuelythe 2016/09/19 “tote cbect the bathroom located 3° apt 4, 4th Slory, 20a apartment fem east at south lak WoigjoarRS W SGS 11364958 § 77-2005 adm code replace with new the miseng —NOVSENT 2016/13/07] a 2016/09/19 5516281 marble sale at decrway ithe bathroom located st 2016/09/19) aptta, at story, 2nd apartment fram east at South lax aoae/oaAS BG TAsaIa 5 27-2005 aam code repak the broken or daectve NOV SENT 3006/14/07] Js” 2a6s09/18 5516281" plosered sortares ond paint in sunform calor 2036/09/19) ering an wae the 2nd room fram noc at ast ica apt, sty, ang artnet om SF 2015706704 A529. 40790403 & 27-2005 adm cade rok window sashes ior 2015709728 [S201 /08/08 5135426 theaugheut mn the ner spertment located at apt COMPLIED SU ded story, Ist apartment from west ak north 2016/09/16 fib 2018/08/06 8 $29” 10667904 § 27-2005 adm cede ref€ the door in the bathroom NOT 2035/07/26 1 3035/04/08 5092357. icoted a apt 16, 1st Story, 2nd apartment fer” COMPIED teat at meet 3014/05/09, jak 2013/04/11 8 51 _ea9H77O g 27-2005, 2007 adm code Wve enress defective. NOT 2011/06/03 Je” 2013/04/13 44152848 remows obstructing Das or unfonfu gates from COMPLIED lwncow to fre escape er provde approved type gate 2016/08/36 ‘nthe entire apartment located oe apt Ho, ath Sry. 2nd apartment from east ot sot lax Zorijonjoa © 521 G7O7Ga6 5 79-2008, 2007 adm code fre ogress aafectve WOT 3017/03/30 le 2011/02/00 4108460 ramove obstructing bars er unlawful gates from COMPLIED 2011/03/20 ‘anidow to fre escape or provide approved type aete 2016/09/16 ‘located ot opt 4a, th story, 2nd apartment fom [ak Boinjonjoa A554 S707EI4 G 27-2008 aam cade pant metal accordance weh NOT 2031/05/26} a Zo1a02008 4107578 dept reauiation » Ls adicor fem south a est COMPLIED iain tne Jet ram trom north staat ete st S0TS/0S/A6 apt 43,41 story, 2nd apartment fram eat € soath fa 0ii/aiyi9 A S86 a776qI1 5 27-2013 aam code pant wth ight cared pant \o NOT 2013/05/10] a onyauat 14096403, the satisfaction ofthis dapartment the caling, wast COMPLIED spak nthe bethroom lcated a ant 4a, Ath story, 2016/05/16 Bra partment from costo South lax Zornyai7ie 8 8218776019» 77-2005, 2007 aam cose tre egress deieaive NOT P0i4/09/31 Je 2010721 4096464 remove obstructing Sore erunavtul gates from COMPLIED 2013/03/08 ‘nindow ta fre escape or provide approved type aete 2015/05/16 Nite Ist eoom for east 3c south onto a at fa att story, Zne apartment from east at South TB Z0Ga/aAT © SOL PPOOPTE 4 27-2005 adm code propety rapa the broken oe 1 NO” 3008703723] iP 2003/2102 3562995 detecientercommutation system W theentie ACCESS 2009/02/13] Bspartment located at apt fb, Ast story, 2nd 2o1syoon6 partment from north at ast se aaov/assi7 8 sas 6a900s4 5 27-2018 acm cade abate the nuance canaming TNO 7007710709) 5 daozyo8i23 43053267 of vermin mace in the entre apartment Ipested 9996 ACCESS Solara story, tat apartment fem west ae narth. 2016/09/16 TC Baryaayse WSR GGETODE § 27-2005, 2007 acim code re apres defective.” INO 2007/05/33] P 2007703/30 2530438 femove osinucting bars ouolawul gates fam at ACCESS 3007/09/31 least window e prove approved type gate i 2016,/00/16 the ests apartment located at apt We, 188 sty, Ist apartaent fm east at Seu hitpthpdentine ednye-crgMPDeninssetec_ application ase 28ep9aot6 Heb Butaing ine Mayor Contact Us | Se Ree Services | News @ Features | Guy ife | chy Agencies | Office of ti nips tt donkine hpdnye.orgHPDentinlsclec_amplication aspxEXHIBIT 1CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B - x KAREN LEMON, MILAGROS LOPEZ, DAISY MATIAS, + Index No. HP. et MANUEL MATIAS, GABRIEL MATIAS, CARMEN PEREZ, HECTOR RIVERA and ARMONDO YANES, AFEIDAVIT O : DAISY MATIA: ‘Tenant-Petitioners, -against- 920 BUSHWICK, LLC, SAFEGUARD REALTY: Premises: MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM JONES, JOHN DOR, JANE DOE, and PETER DOE, 920 Bushwick Avenue : Brooklyn, New York 11221 Landlord-Respondents, -and- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, City-Respondent. STATE C ? NEW YORK KINGS COUNTY Daisy Matias, being duly sworn, deposes and says 1. My name is Daisy Matias. I reside at 920 Bushwick Avenue, Brooklyn, New York 11221, Apartment 4D. | am the tenant of record for that apartment. 2. Lama member of the 920 Bushwick Avenue Tenants Association, which is @ group of tenants in my building. | am also a member of the People’s Garden of Bushwick Coalition, which is comprised of tenants residing in 920 Bushwick Avenue, 1075 Greene ‘Avenue, and 946 Bushwick Avenue, We formed the coalition because we believed ourbuildings were purchased by the same owner and because we were all concerned about our rights as tenants I make this affidavit in support of the proceeding against the landlord of this building, because I believe that the landlord, through its superintendent “Peter,” is attempting to make the tenants lives so uncomfortable that we would want (o leave On information and belief, the current landlord, 920 Bushwick LLC, purchased the building in which T reside in oF around July 2016. On or around July 25, 2016, I received a renewal lease for my apartment in the mail from (ed. Sa feguard Really Management, Inc. ] noticed the lease had the wrong rent amount knew the amount listed was incorrect because I am currently enrolled in Disability Rent Increase Exemption (DRIE), which freezes my rent. The amount listed on renewal lease showed an increase fiom last year's rent. . On the same day, I called Safeguard Realty Management, Ine. and { spoke to someone named “Melissa”. I told Melissa that the renewal lease I received had the wrong rent amount listed. ] explained I received DRIE and that my rent should not have changed from last year. Melissa told me not to worry and that she would have the rent amount corrected and a new lease sent to me by mail On or around October 1, 2016, [sent the father of my children to pay the rent for my. apartment at Safeguard Realty Management, Inc.'s office in Manhattan, J told him to ask about the lease renewal and to tell them that if I did not receive it in two t0 three days 1 ‘would call the office. Later that same day, the father of my children came home and told me hy had asked about the lease but they did not have one.8. On or around October 12, 2016, | called Safeguard Realty Management, Inc.’s office. No ‘one answered the phone, so I left a message asking that a corrected lease be sent to me. 9, On Friday, October 14, 2016, at around 5:30 pm, the man I know as “Peter” came to my apartment. On information and belief, Peter is the superintendent of 920 Bushwick Avenue. Peter told me he had just gotten back from the owners of the building’s office in Manhattan, Peter told me that the owners were having meetings and that they discussed my apartment, 10. Peter told me they knew I had been living in the building for a Jong time, He said they knew I had been born in the building and that my father had just died. Peter told me the owners wanted to meet with me because they wanted me, my mether, and my brother to each give up our apartments and leave the building. He told me the owners were willing to pay up to a half a million dotiars if all three of us agreed to give up our apartments, 11. asked Peter who had told him we were interested in moving, Peter told me to think about the offer, He told me J had until Tuesday of the following week to let him know if L wanted a meeting with the owners. 12, Peter told me if my family and I did not take the deal now, if we had anything that needed fixing in the future the owners would not allow him to make any repairs, 13, Peter told me we should take the money and get a down-payment on a house. He told me that when the deal went through he wanted me to buy him a Prada jacket that costs, $1,800, 14, Peter also told me that the owners were going to buy off the lawyers who represented the 920 Bushwick Avenue Tenants Association, He told me the owners were going to give the lawyers a couple of thousand dollars and then the lawyers would go away,15. Peter also sail that he and the owners knew “Hector” was the one who started the tenant organizing. | believe he was referring to Hector Rivera, a tenant who resides in my building and is a member of our tenants association. Peter told me the owners were go to make sure Hector was gone in a year. Peter told me even if Hector was able to get a new lease, the owners were going to jack up his rent to $2,700. 16. Peter also told me there was a “mole” in all the tenants association meetings happening in the three buildings, 1075 Greene Ave, 920 Bushwick Ave, and 946 Bushwick Ave. Peter told me the mole told him and the owners everything that is said in those meetings, 17. At no point during this conversation was 1 was given anything in writing, 18. On Tuesday, October 18, 2016, at around 11:40 am, Peter called me. Peter asked me if | was going to have the meeting with the owners about the buyout offer. I told Peter I did not want to meet and that I would not take the offer. Peter immediately ung up. 19. On Friday, October 21, 2016, 1 was in my apartment when T heard my doorbell ring and someone yelling from outside the building. It was Peter. He yelled at me to come downstairs. 1 was afraid because I had refused to meet with the owners about the money and I was afraid that Peter would be upset he would not get his Prada jacket or whatever else he thought he could receive from the transaction. I sent my son downstairs to see in his hand, what Peter wanted, My son came back up to the apartment with an envelope He told me Peter had given it to him, When I opened the envelope, it was a copy of the At the bottom of the lease was a renewal lease I had received from Melissa by email iid “owner.” signature in the spot that s 20.1 ask the Court to stop the landlord from harassing my family and myself with unwanted buyout offers and threats to not make repairs as required by law,WHEREFORE, | respectfully request that the Court grant the relief demanded in the Order to Show Cause, and such further relief as the Court may deem just and proper Dated: Brooklyn, New York December {3, 2016 DAISY MATIAS Sworn to before me this (Bday of December 2016 ( pba Chee. TARY PUBLI CAITRINL, COCCOMA, [Notary Publ, State of New York ‘Rog. No. 02006248757 Qualifed in Kings County My Commission Expires Oct. 3, 2020, Or __EXHIBIT 2CIVIL COURT OF T CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B KAREN LEMON. MILAGROS LOPEZ, DAISY MATIAS, : Index No. HP MANUEL MATIAS. GABRIEL MATIAS, CARMEN PEREZ, HECTOR RIVERA and ARMONDO YAI ‘Tenant-Petitioners, -ayainst- 920 BUSHWICK, LLC, SAFEGUARD REALTY: Premises: MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM JONES, JOLIN DOE, JANE DOE, and PETER DOR, 2 920 Bushwiek Avenue Landlord-Respondents, Brooklyn, New York 11221 cand- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, City-Respondent. STATE OF NEW YORK KINGS COUNTY ) Manuel Matias, being duly sworn, deposes and says: 1) My name is Manuel Matias, I reside at 920 Bushwick Avenue, Brooklyn, New York 11221, Apartment # 3D. 2) My mother Lucelenia Matias is the tenant of record for the apartment where I reside. 3) Lama member of the 920 Bushwick Avenue Tenants Association, which a group of tenants in my building. [am also a member of the People’s Garden of Bushwick Coalition, which is comprised of tenants residing in 920 Bushwick Avenue, 1075 Greene ‘Avenue. and 946 Bushwick Avenue. We formed the coalition because we believed our4) 3) 6) 7) 8) ] buildings were purchased by the same owner and because we were all concerned about our rights as tenants. I make this affidavit in support of the proceeding against the landlord of this building because | believe that the landlord, through its superintendent “Peter,” is attempting to make life in my apartment so uncomfortable that my mother and | will want to leave, When the landlord bought the building earlier this year Peter tole me that the landlord planned to move out all the low income people and people of color o make room for rich white people. My family and [ are Hispanic so I believed that Peter was talking about me Since that time Peter has only come to make repairs right before HPD inspections, and then he only repairs things that HPD has issued a violation for even though there are a lot of other problems in the apartment. ‘The last time Peter came to repair my apartment it was to fix leaks in the bathroom and kitchen ceiling, Peter told me that he had to fix the leaks before HPD came, but all he did was remove the drywall in the ceiling around the leaks and replace it with new drywall This did not do anything to fix the leaks which are coming from the apartment upstairs. When I told him that this would not fix the problem he said he would fix it for real later, but he never did, HPD came to inspect and Peter never eame back Now the drywall that he put up is soaked through from the leaks. The drywall is discolored and 1 can smell it rotting even in other rooms. [ told Peter about the drywall but he has not come to fix it Talso told Peter that I had more problems in my apartment back when he came to “fix” the leaks, There are tiles in my bathroom that were falling off and some were broken anderous. Peter told me that he would come back to fix them and asked me not to report ddan the problems to 311, but again he never came back. 10)1 also told Peter several times that my front door does not close properly, I have fo slam it to shut it, the door does not fit the frame, and there’s a gap undemeath. He said he would come to fix it but he never did led Peter to tell him about it and he told 11) The hot water and heat keep going out too. 1 me that another company handles the heat and hot water and that he could not do anything to fix it, He did not give me contact information for that company - he just told The last time the hot water went out was on me that he could not fix the heat or hot wate «Friday and Peter told me that the company would not do anything on the weekends to fix it. 12) The radiator in my mother’s bedroom does not work either. It bangs and hisses but it does not produce heat, It gets freezing in that room. When I told Peter about the radiator he told me that he could not do anything to fix it. The radiator is still broken now even though it is very cold out. 13) The landlord wants to meet with my family to talk about our taking a buyout offer to leave. I think the reason that Peter is not making any repairs is because the landlord wants to make our apartments so uncomfortable that we will want to take the buyout offer and I think that is harassment 14) Ido not trust Peter to make repairs in my apartment. He only makes bad repairs if he intimidate other tenants in the building, [ want the comes at all. | have seen Peter try to Court to order the landlord to hire actual repairmen who are capable of fixing the problems in our apartments and who will not make the problems in our apartments worse.Peter is not qualified to do this work and I think that the only reason the landlord uses him is because the landlord wants the conditions of our apartments to be so bad that we willl want to leave, 15) On December 7, 2016, at approximately 7:00 pm, I was attending a meeting for the People’s Garden of Bushwick Coalition that was taking place in my building, While the tenants were gathering for the meeting, I noticed a man I knew was an employee of the landlord slip into the door and take a place standing in the back of the room. 16) When I noticed him I calfed him out, saying that ] knew he used to work as a super in the building and that he was here to spy on our meeting for the landlord. | told him he had to leave our meeting, 17) The man pretended like he lived in one of the buildings that are part of the People’s Garden of Bushwick Coalition, When he was asked which building he lived in and in what apartment, he said “1046 Bushwick”. 18) 1046 Bushwick is not one of the buildings that is a part of the People’s Garden of Bushwick Coalition, 19) told the man again that he had to leave our meeting and he finally walked out the door ion 20) believe the man was sent by the landlord and/or Peter to spy on our tenants” associ meeting with our attorneys. 21)1 ask the Court to stop the landlord from harassing us, to remove Peter as super, and to require the landlord to make repairs as required by law.nded in the WHEREFORE, | respectfully request that the Court grant the relief dem Order to Show Cause, and such further relief as the Court may deem just and proper had Mia? Manuel M Dated: Brooklyn, New York December 13, 2016 Sworn to before me this 3" J?” day of December 2016 A~ Aon NOTARY PUBL! SAMUEL H. CHIERA Pub, State of Now York ea New York Courty oacHessez34 fe 02° ‘Commission Expires 02101/20_2*EXHIBIT 3THOMAS McC. SOUTHER, BOARD CHAIR MARTIN 5. NEEDELMAN, ESQ, CO-EXECUTIVE DIRECTOR, CHIEF COUNSEL PAUL }. ACINAPURA, ESQ. CO.EXECUTIVE DIRECTOR, GENERAL COUNSEL Brooklyn Legal Services Corporation & SHRIVER TYLER HACCRATE CENTER FOR WSTICE November 21, 2016 Graham Jones 156 Fifth Avenue, 4" Floor New York, NY 10010 Sent by USPS Priority Certified Mail: 7009 1680 0000 0445 3618 Petor Re: Urgent Request to Remove Superintendes Dear Mr. Jones, My office represents the People’s Garden of Bushwick Coalition (“the Coalition”), an association of tenants living at 920 Bushwick Avenue, 946 Bushwick Avenue, and 1075 Greene Avenue. As you may recall, in our email correspondence from September 29 through October 3, 2016, 1 informed you that we have received multiple complaints from the tenants in regard to Jour employee, Peter, who has been engeging in harassing conduct ding his employment as superintendent. On or around September 30, 2016, I Fequested on behalf of 1075 Greene tenants thal you send a different superintendent to perform repair Work at thai building, As of date, you continue to employ and condone Peter's illegal conduct, regret to now inform you that we have received complaints of sexual harassment by Peter and write (o urgently request that you immediately remove him as a superintendent. (On multiple occasions Peter, who performs maintenance and repair work at all ree buildings, has sexually harassed tenants \who ate members of the Coalition, making them {eel violated anid uncomfortable in their own homes. For example, on oF about Soptember 12, 2016, Peter told a tenant that she looked “hot and sexy all sweaty” and said, “Pe like to just take you and give you a good fe.” Again, on or nbout September 23, 2016, Peter brazed to another tenant that he could do whatever he wanted Min no consequences. During this conversation, Peter sai, “I could even whip my dick out” and he wouldn't get fired. This Ongoing and severe harassinent thats going, wsupervised by your management has ereated « hostile environment sexually inappropriate, racist, and/or harassing comments Peter has made to Peter's employment and hire new superintendents to perform the ‘are responsible for his actions and requited to take io to {n light of this sexual harassment and many other the tenants, the Coatition requests thal you terminate P maintenance activities requited in the buildings. As your employee, you immediate and appropriate action. f we do not receive a response by December 9, 2016, we will resort to resolve this matter. {can be contacted by mail at the address below, by email at ecoccomag@bka.org, or by phone at (718) 487-2358. Sincerely, Catirin Cocooma, B54, Staff Attorney, Brooklyn Legal Services Corporation A ‘Of Counsel to Martin 8, Needelman, bs, Ce: Benjamin Sopkin Safeguard Realty Management, Ine 120 West 3 1st Street, 6th Flnar New York, NY 10001 building communities, ensuring opportunity, achieving justiceEcc (Eu ROS EESCRE ie PGEATIFIED Maik, (Sac e Pong FS cualsaranect rn 8 vaier ian (Sie (lashes rash tet (Doinbetie Mail Only: No Insunanoe Goveraue ean toned igad Oat 20 Coens “at Pemapa AFoos ean sekeguncl Real SIS Sk ere G, )4 1001 7005 480 ODD D44S 3748‘a Si ® aan Granaen Jones 1SW Kitty ve, 4 Foor | NexYoley NY tooio SVE OTA 19590 9402 1245 5246 5791 87 a Raids Wear ar Pa sa ata! 700% 1480 0000 O44S 3628 PS Fon 9817, duly 2015 nN 7550 02-po0- 808s is, Sede po $aferenes eee cor [Be vay aes diteon vom ton TF Eo 11 Yes; antral edetss bons ENOGea 1 Compiats tome 1,2, and 3 1 Print your namo and addreas on tho rovore0 so that car return the oard to You: 1 Attach tla cad to the bsek ofthe maplece, aie space pare," AMON neg Sakequacd Rea cig Mg }2 07 W. BIS? SHON] ried tae) [6 itp of Ope iver _| ylasie | i adaues dro te a1? FF YES, enter dtvery dress balowe ENO i 9590 9402 1245 5246 5614 27. "EBs Wit TTA PAT TED BBD 7004 1680 ooo 44S 3748 {PS Foun BOTT, iy BOS PsN reso Agent LB aetosne ‘Does Return RoceEXHIBIT 4CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B x Index No. HP. MANUEL MATIAS, GABRIEL MATIAS, CARMEN PEREZ, HECTOR RIVERA and ARMONDO YANES, AFFIDAVIT OF HECTOR RIVERA, Yenant-Petitioners, -against- 920 BUSHWICK, LLC, SAFEGUARD REALTY: Premises: MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM JONES, JOHN DOE, JANE DOE, and PETER DOE, 920 Bushwick Avenue Brooklyn, New York 11221 Landlord-Respondents, -and- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPME! City-Respondent, STA’ OF NEW YORK — ) ) 8s. KINGS C ) UNTY Hector Rivera, being duly sworn, deposes and says: 1, My name is Hector Rivera. | live at 920 Bushwick Avenue, Apartment 2P. I have lived in that apartment for approximately thirty-seven (37) years. 2. Until recently, [ lived in that apartment with my brother, Julio Rivera, who is the tenant of record 3. 1am a member of the 920 Bushwick Avenue Tenants Association, which is a group of tenants in my building. | am also a member of the People’s Garden of Bushwick n 920 Bushwick Avenue, 1075 Greene Coalition, which is comprised of tenants resi9. 10. u Avenue, and 946 Bushwick Avenue. We formed the coalition because we believed our buildings were purchased by the same owner and because we were all concerned about our rights as tenants. I make this affidavit in support of the proceeding against the landlord of this building because | believe that the landlord, through its superintendent “Peter,” is attempting to make the tenants’ lives so uncomfortable that we would want to leave. On information and belief, in or around June 2016, the current landlord, 920 Bushwick LLC, purchased the building in which I reside. ‘Around that same time, I went to an apartment in a building located at 946 Bushwick Avenue to pick up a new key to the front door of my building. While I was there, Peter told me to be careful about whot I did or said because the new owner would try to get rid of me. He told me the owner knew lawyers and judges. Peter told me if people were not named on the lease they were going to have fo leave the building, It scemed like Peter was saying the owner would retaliate against me ifT did anything to upset them, I believe he said those things to intimidate me On or around August 30, 2016, I was in 1075 Greene Avenue talking to another tenant when Peter approached me and said he needed to talk 10 me. He asked me to go with him to his office, which I knew to be in the basement of the building. I did not feel comfortable being in the basement with him, so I told him { would talk with him outside. We went outside by the garbage cans in front of 1075 Greene Avenue to talk, He swore at ime and claimed he knew I was the one organizing the tenants in the buildings against him and the owners,12. Peter said, “You're the motherfucker who's doing all these meetings!” He said | was: causing him a lot of problems. He seemed very agitated and was speaking very loudly 13. I told Peter I did not know what he was talking about and that I did not have anything to do with organizing the tenants, I believe he was yelling at me and accusing, me of those things to try and keep me from being a part of the (enants association in my building and also the coalition forming between the tenants associations at 920 Bushwick Avenue, 1075 Greene Avenue and 946 Bushwick Avenue. 14, On or around August 31, 2016, I was in the People’s Garden of Bushwick, a community garden near my apartment that I help maintain, While there, I spoke to a person who introduced himself as the owner of the buildings. [told the owner he should be worried about his superintendent, Peter, because he was going around saying intimidating things to tenants and being aggressive. he 16. The owner only said that Peter was his superintendent and that the three of us: ‘owner, Peter, and I—should all sit down together to smooth things over. [ told him no and that | did not that want to talk to Peter anymore because I felt he had at attitude and was aggressive. 17. The owner never followed up with me about this meeting and I have never sat down with the owner or Peter for this meeting. 18, On September 6, 2016, at around 11:30 am, | was in my apartment with my brother, Julio. I heard a banging on the door and opened it to find Peter. Peter was supposed to come by to fix the shower spigot in the bathroom earlier that week; this was several days afier I was expecting him.19. At that time, my brother, Julio, was not feeling well and I was preparing to take him to the hospital. I told Peter that my brother was ill and that he would have to come back later. 20. When the ambulance came to take Julio to the hospital, I saw Peter waiting at the front door and talking on a cell phone. 21. He appeared to be watching what was happening and I believe he was reporting it to the person he was talking to on the phone. ‘This made me uncomfortable at the time as I felt like he was not watching me out of concern but because he was interested in my apartment 22. On or around September 7, 2016, Julio died in the hospital. 23. My attorneys have informed me I have succession rights to the apartment. I have already begun the process of getting a lease issued in my name, including giving the owner notification of my brother’s death and sending in paperwork proving J have resided in the apartment with him for the requisite two (2) years, \ce September 6, 2016, Peter has neither contacted me about, nor attempted to make Kk. In repairs still needed in my apartment. He has also not contacted me about coming ba addition to the shower, my apartment needs repairs to a window and the faucet in the kitchen. 25, [have also heard from other tenants that Peter has made comments about how J am considered a troublemaker and that the owner wants me out of the building 26. [ask the Court to stop the landlord from harassing me, to stop trying to keep me from m being a part of the tenants association, to give me a lease in my name as required by law, and to make the repairs to my apartment as required by law.WHEREFORE, I respectfully request that the Court grant the relief demanded in the Order to Show Cause, and such further relief as the Court may deem just and proper. Dated: Brooklyn, New York December |4 , 2016 Naor HECTOR RIVERA Sworn to before me this 12 day of December 2016 Nf FI AR eo IOTARY PUBLIC 1, CAITRINL, COCCOMA, Notary Pubic, State of New York (fog, No 02008348737 ualfed in Kings County My Commission Expires Oct. 3, 2020CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF KINGS, HOUSING PART B Index No. KAREN LEMON, MILAGROS LOPEZ, DAISY MATIAS, MANUEL MATIAS, GABRIEL MATIAS, CARMEN PEREZ, HECTOR RIVERA and ARMONDO YANES, Tenant-Petitioners, -against- 920 BUSHWICK, LLC, SAFEGUARD REALTY MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM JONES, JOHN DOE, JANE DOE, and PETER DOE, Landlord-Respondents, -and- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, City-Respondent. ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER ee BROOKLYN LEGAL SERVICES CORPORATION A MARTIN 8. NEEDELMAN, ESQ Aitorneys for the Tenant-Petitioners By: Caitrin L, Coceoma, of Counsel 260 Broadway, Ste. 2 Brooklyn, New York 11211 (718) 487-2358 eee Signed and certified pursuant to 22 NYCRR § 130-1.1-a Cait