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CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS, HOUSING PART B Oe fen
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‘ARLOS MARIN BARAGAN, JOEL BROWN, DRAGO : Index No. HP 5 fabett
CHAMOVSK], PATRICIA COLBURN, MONALISA
COLON, NEREIDA COLON, MARIA ECHEVARRIA,
EMMA GARCIA, MILDRED GARCIA, JARED FISCHER,
HERNAN PAGAN, NATIVIDAD REYES, MARIA.
RODRIGUEZ, and TRACI TIMMONS,
RESTRAINING ORDER
Tenant-Petitioners, ‘|
~against- _
: Premises:
1075 GREENE, LLC, SAFEGUARD REALTY : 1075 Greene Avenue
MANAGEMENT, INC., BENJAMIN SOPKIN, GRAHAM: Brooklyn, New York 11221
JONES, JOHN DOE, JANE DOH, and PETER DOE, :
Landlord-Respondents,
-and-
NEW YORK CITY DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT,
City-Respondent
x
UPON reading the annexed Verified Petition/Aflidavit, sworn on the 12th and 21st days
of December, 2016, and the Affidavits of MILDRED GARCIA and JARED FISCHER, swom to
fon the 12th day of December, 2016, and the Affidavit of MARIA ECHEVARRIA, sworn to on
the 2ist day of December, 2016, and good catise having been shown, it is: ORDERED, that the
Respondents are directed to appear before this Court and Show Cause at a Motion Term of the
Housing of the Civil Court of the City of New York, Part B. to be held at the Courthouse at 141
Sankuaey. 2018] at
be heard, WHY an Order
Livingston Street, Room 409, Brooklyn. New York, on the [Q. day of 5
the parties or their counsel m
9:30 a.m., oF as soon thereafter a
should not be made1. Prohibiting Landlord-Respondents and any agents of Landlord-Respondents from any
conduct designed to harass or intimidate tenants, pursuant t0 Section 27-2120 of the
Administrative Code of the City of New You
2. Imposing upon Landlord-Respondents the civil penalties provided by Section 27-
2115(an)(2) of the Administrative Code of the City of New York, based upon Landlord
Respondents’ harassment not less than one (1) thousand dollars and not more than ten
(10) thousand dollars for each dwelling unit in which a tenant or any personal lawfully
entitled to occupancy of such unit has been harassed;
3, Prohibiting the Landlord-Respondents and any agents of Landlora-Respondents from 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 Lavy;
4, Pending resolution of this matter, enjoining or barring the individual known as “PETER”,
referred to in the above caption as PETER DOE, who is believed 10 be the superintendent
of 1075 Greene Avenue, Brooklyn, New York, from entering said premises;
5. Directing Landlord-Respondents to hire a live-in superintendent as required for a
building with ten (10) or more units pursuant to Section 27-2053 of the Administrative
Code of New York and Section 83 of the Multiple Dwelling Law;
6. Finding that the conditions described in the Verified Petitions/AMfidavits constitute
violations, direoting City-Respondent Department of Housing Preservation and
Development to register such violations, and directing Landlord-Respondents to corrvet
said violations within the time provided by Section 27-2115(¢) 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 eivil penalties provided by Section 27-2115(a)
of the Administrative Code of the City of New York, based upon Landlord-Respondents’
failue 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 Landlorc-Respondents for the amount of civil penalties imposed by the Court;
Enjoining Landlord-Respondents from permitting said violations ( 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 it is based, shall be served upon Landlord-Respondents, either personally or by Certified
Mail, Return Receipt Requested, on or before the 4O day of Netoniye 20%¢fand 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
Preservation and Development, such mailing may be made tp them at the address(es) so
registered.
Mailing to the Department of Housing Preservation and Development shall be made to
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the Housing Litigation Bureau, 100 Gold Steet, New Yo
DATED: Brooklyn, New York 7 BE
December 2016 eae \ fo
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