Combined Exhibits

Case 1:18-cv-07712-PAE Document 43-1 Filed 10/01/18 Page 1 of 10
EXHIBIT A
UNITED STATES DISTRICT COURT

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

18 Civ. 7742 (PAE)
-against-
THE CITY OF NEW YORK,
Defendant.
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HOMEAWAY. COM, INC.,
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
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DECLARATION OF STATE SENATOR

LIZ KRUEGER
LIZ KRUEGER, being duly sworn, deposes and says:
1. I am the New York State Senator for the 28th Senate District, a position I have
maintained since 2002. I have been actively involved in housing policy and direct service
throughout my career, first for more than two decades in the non-profit sector and ·subsequently as
an elected official. The 28th Senate District, which includes the Upper East Side and East Midtown
neighborhoods of Manhattan, contains tens of thousands of rent regulated units and is plagued by
a shortage of available housing, particularly affordable housing. This housing crisis has been
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significantly exacerbated by the conversion of thousands of permanent residential apartments into
illegal short-term rentals for visitors.
2. I make this declaration as part of my application to submit a brief as amicus curiae
in support of the Defendant City of New York's opposition to Plaintiffs Airbnb and HomeAway's
motions seeking a preliminary injunction to enjoin Local Law No. 146 of2018 ("Local Law 146"),
a law passed unanimously by the New York City Council ("City Council") and signed by the
Mayor, that will require online booking services, such as Airbnb and HomeAway, to regularly
report to the City a limited amount of transactional information regarding their hosts' short-term
rentals in New York City. I testified at the public hearing held by the City Council Committee on
Housing and Buildings on June 26 2018 in strong support of the legislation. I believe Local Law
146 is critically important to the city's efforts to crack down on illegal hotel activity and to preserve
New · York City's limited housing stock for residents. My testimony is available at
.
https://www.nysenate.gov/newsroomhirticleslliz-krueger/testimony-new-york-city-·council-
regarding-requiring-short-term-rental (last visited September 28, 2018).
3. Given my prior experience and current position, I possess an extensive
understanding of the history of the issues to be considered in this case. My work on illegal hotel
issues for more than a decade has provided me with a great understanding of how important the
questions to be determined by this Court are to the well-being of residential tenants, publ.ic safety,
and the maintenance of affordable permanent housing in New York City. I have extensive
involvement in the issues in this matter, both from assisting constituents on illegal hotel issues in
their apartment buildings and from being the prime Senate sponsor of legislation passed in 2010
frequently referred to as New York State's "lilegal Hotel Law."
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4. I have been working to understand and address the problems caused by the
exponential growth of the illegal hotel industry ever since my staff and I started receiving a large
number of complaints from constituents in or around 2005. After discovering that many of my
colleagues in the City Council and State Legislature were receiving similar complaints from their
constituents, I, along with Assembly Member Richard Gottfried and then-City Councilmember
(now Borough President) Gale Brewer, formed an "lllegal Hotel Working Group" in 2006, which
grew to include dozens of City and State elected officials, numerous neighborhood organizations,
and housing advocates. Between 2006 and 2010, the lllegal Hotel Working Group held countless
meetings with City and State agencies and hosted town hall meetings with hundreds of residents
directly affected by illegal hotels operating in their buildings.
5. Assembly Member Gottfried and I were the prime State Assembly and Senate
sponsors of A.10008-B/S.6873-B, enacted as Chapter 225 of the Laws of2010, clarifying the law
governing the transient use of units in Class A multiple dwellings by amending sections of the
Multiple Dwelling Law (MDL). This law made it clear that all apartments and SRO units in New
York City residential buildings with three or more units must be used for permanent residence
purposes, and therefore cannot be rented to transient visitors for less than 30 consecutive days.
Following the enactment of the state law, I worked closely with the working group to support the
subsequent passage in 2012 of Local Law 45, sponsored by then-Councilmember Gale Brewer,
which classified illegal hotel violations as "immediately hazardous" and increased the fines the
city can impose. In 2016, I co-sponsored S.6340, enacted as Chapter 396 of the Laws of 2016,
which prohibited the advertising of illegal hotel units and empowered the Mayor's Office of
Special Enforcement ("OSE") to issue fines based on such advertisements.
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6. The city and state laws enacted since 2010 removed many of the obstacles to
enforcement action against illegal short-term rentals. However, the persistence of illegal hotel
'
activity across New York City, and ongoing concerns I hear from residents of my district, make it
clear that the City needs additional tools to protect residents, public safety, and its extremely
limited housing 'stock.
7. Since the enactment of the illegal Hotel Law in 2010, the majority of the activity
has shifted from being organized by a relatively small number of local operators, frequently
unscrupulous building owners or managers, to large online booking services such as Plaintiffs,
Airbnb and HomeAway, that act as both marketplace and middleman for millions of short-term
residential housing rentals around the world. These online businesses have become hugely
profitable by ignoring state and local laws, and by turning a blind eye to the damage their business
model does to communities. When confronted with the illegal short-term rental activity facilitated
by their websites, the booking services claim they are simply online platforms that have no control
over third-party (particularly their hosts') content available through their services. Regardless of
how booking services facilitate illegal short-term rental activity, the deleterious impacts it has on
housing, public safety, and communities remain the same.
8. The proliferation of illegal hotel operations has removed tens of thousands of
dwelling units from an already tight housing market, disrupted the lives of countless permanent
residents who live in the buildings where the illegal hotels- are operating, decreased the revenue
the City receives from hotel taxes, and ruined many visitors' experiences in New York. Every
dwelling unit turned into an illegal hotel unit is another home unavailable to New Yorkers.
Disturbingly, many of the illegal hotel units in New York City are actually permanent apartments
and SRO units that are regulated by the rent regulation laws and/or are in buildings receiving
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government tax subsidies specifically intended to provide affordable housing. The effect is that
taxpayers are unknowingly and unintentionally subsidizing this illegal business model, while
diminishing New York City's housing stock and making permanent, affordable homes unavailable
to residents.
9. Since 2005, my staff and I have received many hundreds of complaints and requests
for assistance from constituents dealing with serious safety, security, and quality-of-life issues
caused by illegal hotel activity in their buildings. While the specifics of each situation are often
unique, certain themes emerge again and again in the stories I hear from constituents. My office
has received countless calls, emails, and letters from residents concerned that strangers coming
and going from their buildings at all hours have undermined their safety. Regardless of how many
apartments are being illegally rented on a short-term basis, permanent residents regularly report
substantial increases in noise, garbage in public spaces, the smell of illegal drugs in hallways, and
elevators "filled with luggage. Constituents frequently share stories of short-term rental occupants
holding disruptive parties, propping entrance doors open, ringing every doorbell if they are locked
out or have difficulty with keys, bringing pets into buildings that do not permit them, and
accidently leaving gas or electricity on after they depart. Constituents also regularly report that
that they are unable to obtain routine repairs because their building's super and/or other building
staff are too busy taking care of short-term rental operations.
10. I have heard from residents in dozens of buildings over the years where apartments
have been illegally subdivided and/or filled with bunkbeds in order to house more short-term
guests. These conditions pose a serious threat to the safety of building residents, tourists, and any
first responders who may be required answer emergencies in the building. While my staff always
immediately shares the details of any location where residents have reported an illegal subdivision
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or overcrowding situation with the OSE and New York City Fire Department, it is often difficult
if not impossible for the enforcement agencies to determine which apartment(s) are affected and/or
to gain access for inspections.
11. While I receive concerns about illegal hotels from residents living in all types of
buildings, the majority of concerns are from tenants living in rent regulated apartments. Many of
the requests for assistance come from seniors who have lived in their apartments for decades and
are terrified of losing their homes after witnessing multiple neighbors evicted and replaced by
tourists. For example, my office recently heard from a senior citizen living in a rent stabilized
apartment in a walk-up building on the Upper East Side whose landlord evicted eight rent
stabilized tenants, and is now renting the apartments on Airbnb to tourists for thousands of dollars
a week.
12. A significant percentage of the rent regulated tenants who reach out to my staff
report that they are currently being harassed by their landlords or building staff in order to replace ·
them with much more profitable short-term transient residents. Many of these tenants have
endured years of ongoing harassment, frivolous legal actions, and diminished building services.
Some of these tenants are so intimidated by what they have experienced that they are scared to
even share their names or addresses with my staff even though they desperately want the illegal
hotel activity in their buildings to cease. My staff and I regularly hear from rent regulated tenants
living in all parts of the district who are one of, if not the last, remaining permanent residents in
their buildings.
13. My constituents living in buildings where illegal hotel activity is taking place
overwhelmingly demand stricter enforcement of the laws prohibiting short-term rentals, and they
are incredulous that online booking services earn substantial profits by facilitating illegal hotel
6
operations that are destroying the safety and quality of life in their buildings. While much of the
illegal hotel activity in my district is conducted by building owners, or by third-party operators
with owners' consent, there are also conscientious owners who are extremely disturbed that
apartments in their buildings are being rented to visitors on a transient basis through online booking
platforms. I have personally met with a number of building owners who strongly support the laws
prohibiting short-term rentals and want them to be more tightly enforced.
14. Over the years I have spent working on illegal hotel issues, I have repeatedly tried
to inform supporters of the illegal hotel industry and online booking platforms that New York City
residents who rent their homes for less than 30 days are almost always violating their contractual
agreements with their buildings, and putting themselves at risk for eviction. Virtually all
residential leases, and cooperative and condominium governing documents, prohibit renters,
cooperative shareholders, and condominium owners from renting their homes on a transient basis.
Even if . state and city laws ·were changed to petmit whole-apartment · short-term rentals iii
multifamily buildings, anyone who engaged in this activity would continue to violate their leases
or contractual ownership agreements and open themselves up to serious repercussions. This is a
bedrock reality at the foundation of the real estate market in New York City and it will not change.
15. Numerous articles have appeared in the press in recent years about eviction cases
initiated against both renters and cooperative shareholders who listed their homes on Airbnb and
similar sites for violating the terms of their leases and/or corporate bylaws. Tenant attorneys and
my staff have informed me that more and more landlords have started eviction cases against rent
regulated tenants who rented out rooms for less than 30 days, claiming that the tenants turned their
apartments into commercial operations and/or were engaging in profiteering. As a lifelong tenant
advocate, I find it offensive that online booking companies are actively recruiting tenants to list
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apartments on their websites even though they are well aware they are putting residents at risk of
eviction.
16. Local Law 146 is an invaluable tool for strengthening New York City's ability to
protect my constituents and stem the tide of illegal hotel activity. One of the most difficult
obstacles faced by the City's enforcement agencies is a lack of data. The OSE staff regularly
struggle to determine the exact locations where suspected illegal hotel activity is taking place, the
identities of "hosts" responsible for illegal listings, and the addresses where violations and other
legal notices can be served once evidence of illegal activity has been collected. Online booking
services do not publish the addresses of listings, the names of those responsible for listings, or any
contact information for hosts on their websites. The booking services also do little to prevent hosts
from establishing multiple online proflles to obscure the number of listings they control. While
Airbnb has agreed to share address and host information for completed transactions on a monthly
basis with city enforcement agencies around t~e world, it has consistently refused voluntarily to
do so in New York City. Without access to this transaction data, the OSE's ability to efficiently
address complaints and conduct proactive enforcement is significantly limited..
17. Local Law 146 will substantially improve New York City's ability to respond to
complaints and proactively conduct enforcement action against commercial illegal hotel operators.
For the first time, the OSE would have access to the data it needs in order to quickly determine the
exact locations of illegal hotel complaints, serve violations on those responsible, and initiate
broader legal action against the small percentage of illegal hotel operators who are responsible for
removing thousands of units from the housing market.
18. The harm caused by improper transient use of permanent housing is severe and the
danger it poses to permanent residents is serious and growing. Therefore, I respectfully request
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that the Court deny the Plaintiffs' application for a preliminary injunction to enjoin Local Law
146.
Dated: October 1, 2018
!.(2.~~
LIZ KRUEGER
New York State Senator
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EXHIBIT B

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AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
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Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
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DECLARATION OF NEW YORK STATE SENATOR BRAD HOYLMAN

BRAD HOYLMAN, being duly sworn, deposes and says;
1. I am a member of the New York State Senate, representing the 27th Senate
District in New York County. I make this declaration as part of my application to submit a brief
as amicus curiae in support of the Defendant City of New York’s opposition to Plaintiffs Airbnb
and HomeAway’s motions seeking a preliminary injunction to enjoin Local Law No. 146 of
2018 (“Local Law 146”), a law passed unanimously by the New York City Council (“City
Council”) and signed by the Mayor, that will require online booking services, such as Airbnb and
HomeAway, to regularly report to the City a limited amount of transactional information
regarding their hosts’ short-term rentals in the City. I have extensive involvement in the issues
in this matter as the 27th Senate District has been reported as containing more AirBnB rentals
than any other in the State Senate.
2. I have served in the Senate since 2013 and previously served as Chair of
Community Board 2 and general counsel for The Partnership for NYC. Throughout my time, I
have been a staunch advocate for tenant’s rights. Dubious commercial operators who bend the
law to convert residences into illegal hotels pose a severe threat to the quality of life of my
constituents and reduce the limited affordable housing stock in New York City.
3. Average monthly rents in neighborhoods with a high number of Airbnb listings
rose at substantially higher rates than the borough average between 2009-2016. In Murray Hill,
Gramercy and Stuyvesant Town – 21.5% ($105) of the monthly rent increase of $488 can be
attributed to Airbnb. The total monthly rent increase in the neighborhood was 25.9%, almost 1%
higher than the citywide average of 25%. In Chelsea, Clinton and Midtown Business District –
21.6% ($86) of the monthly rent increase of $398 can be attributed to Airbnb. The total monthly
rent increase in the neighborhood was 23.4%, almost 1.6% less than the citywide average of
25%. In Battery Park City, Greenwich Village and Soho – 19.3% ($79) of the monthly rent
increase of $411 can be attributed to Airbnb. The total monthly rent increase in the
neighborhood was 21.4%, 3.6% lower than the citywide average of 25%.
4. Since I have been in office, I have received complaints regarding the devastating
impact that AirBnB and HomeAway have had in the community that I represent. Some
constituents have called to notify my office about public safety concerns. For example, one lived
in a building that became overrun with Airbnb guests who came in and out of the building at all
hours and frequently left the door open. This left the building vulnerable to potential vandalism
and other more serious crimes.
5. I have also observed larger patterns that have taken place throughout my district
as a result of these illegal hotel listings. Many tenants have been displaced and there has been a
disproportionate impact on communities of color.
6. Furthermore there have been horror stories regarding the experience of guests in
AirBnbs throughout my district. In one instance an individual was illegally converting
apartments, sometimes with dozens of guests at a time. One mother, who was visiting her son
while he received cancer treatment, was sleeping in a bed in the kitchen.
7. The harm caused by improper transient use of permanent housing is severe and
the danger it poses to permanent tenants is serious. Therefore, I respectfully request that the
Court deny the Plaintiffs’ application for a preliminary injunction to enjoin Local Law 146.
Dated: September 28, 2018
_________________________
BRAD HOYLMAN
New York State Senator
EXHIBIT C

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AIRBNB, INC., DECLARATION OF
GALE A. BREWER
Plaintiff,
-against-
18 Civ. 7712 (PAE)
THE CITY OF NEW YORK, 18 Civ. 7742 (PAE)
Defendant.
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HOMEA WA Y.COM, INC.,
Plaintiff,
-against-
Defendant.
-------------------------------------------------------------x
GALE A. BREWER, hereby declares, pursuant to 28 U.S.C. § 1746 and under penalty of
perjury, as follows:
1. I am the Borough President of the Borough of Manhattan. Immediately prior to
my being elected as Borough President, I represented the 61h District of Manhattan in the New
York City Council from 2002 through 2013. During my time representing the Sixth Council
District of Manhattan, I was deeply involved in efforts to preserve affordable housing and protect
the health and safety of all my constituents through enforcement of city codes and regulations
concerning housing standards. These issues have remained a priority for me as Borough
President.
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2. Because of my commitment to preserving affordable housing and protecting the
health and safety of New Yorkers, I make this declaration in support of the motion by the Urban
Justice Center to submit argument as amici curiae and, such permission being granted, in
opposition to the motion by Plaintiffs herein for a Preliminary Injunction staying implementation
ofthe law enacted by the New York City Council this past summer, Local Law 146.
3. Local Law 146 requires booking platforms, such as the Plaintiffs, to submit
reports of all short-term postings. These reports will enable the city agency charged with doing
so to enforce the law against illegally renting out of Class A residential apartments for less than
30 days, in violation ofthe New York State Multiple Dwelling Law. Further, by enacting this
law, the Council provided an important tool to the agencies charged with enforcement of the
city's health, housing and safety laws for the protection and benefit of all New Yorkers as well as
visitors to the city.
4. The rental of Class A apartments for transient use creates serious problems for my
constituents and contributes to the loss of affordable housing in New York City. Since transient
rentals are far more lucrative than legal, monthly, regulated tenancies, owners are highly
incentivized to keep apartments empty for such use. This misuse worsens an already tight
housing market, removing affordable apartments from the market. The lack of housing that is
affordable to the poor and working people of the city is by far the deepest, most intractable
problem we face. It leads, of course, to the burgeoning homelessness our city is experiencing, as
thousands of families and individuals are forced from their homes with each rent increase. The
near-complete absence of affordable housing exacerbates the problem, making a transition from
homeless to housed less and less possible.
2
5. When building owners seek to maximize their profit with illegal transient guests,
the permanent tenants often face intensified harassment, and a constantly rotating cast of tourists
and transients who disrupt their lives in a variety of ways. Instead of residential neighbors,
tenants live with vacationers coming and going at late hours, enjoying weeknight parties,
ignoring both the rules, such as no smoking or loitering, as well as the norms observed by those
with a shared interest in building security and safety.
6. Illegal transient use of Class A apartments doesn't only threaten the comfort,
safety and security of residents but also puts the safety ofthe temporary visitors at risk. New
York's system of fire and safety codes applicable to hotels is designed specifically to protect
temporary visitors, who are likely to be disoriented in the event of an emergency situation in
unfamiliar surroundings. Obviously, a higher level of fire security and signage is necessary to
prevent harm to people staying in transient accommodations, than the codes require in units that
are home to permanent residents.
7. The industry of which the Plaintiffs here are part has also given rise to another
great risk to tenants who are lured by the prospect of substantial profit available through
improper renting out of their own homes for transient use. Many working people in New York
are struggling to keep up with their ever-rising rent. My office, more and more, sees the sad
results where tenants have used the heavily-advertised Plaintiffs' platforms to engage in the
practice of vacating their home for weekends or longer in order to profit from the short-term
rental market, only to find that they have given their landlord grounds to seek their eviction. My
understanding is that these are difficult cases to defend, and difficult for my staff to find
attorneys to take on. While the tenants may make a profit, they may end up homeless
themselves. This is a growing problem, and stems in part from the lack of public awareness of
3
the illegality of the practice. While the supposed benefits of using web platforms to rent one's
apartment are touted in the media, tenants generally do not understand the risk, although owners
have recognized the issue and increasingly seize the opportunity to evict a regulated tenant.
Better enforcement is likely to result in greater understanding by the public that the practice is
both illegal and likely a breach of their residential lease, which puts them in danger of eviction.
The provisions of Local Law 146 requiring the "apartment-sharing" corporations to seek consent
to provide the host's transactional short-term rental information to the city's Office of Special
Enforcement will send a clear message and serve to deter the illegal and dangerous practice of
short-term rental of residences.
8. Earlier this year, along with many other elected officials, affordable housing
advocates and tenant organizations, I submitted testimony in support of Local Law 146, at issue
here. For years, those of us who have been working to protect tenants, and protect our dwindling
stock of affordable housing, have been supporting the city's efforts to better enforce both the
State Multiple Dwelling Law and New York City's Administrative Code provisions in relation to
short-term rental of residential dwellings. We were aware ofthe difficulty involved in
enforcement against illegal practices and transactions that are conducted, basically, in
cyberspace. It was especially difficult to locate and track the most egregious offenders, i.e.,
single operators who controlled multiple apartments that may or may not be in the same building.
As the business of illegal short-term rentals grew and spread throughout different neighborhoods,
the understaffed enforcement agency had difficulty knowing the best areas in which to deploy
their resources.
9. Local Law 146 offered an effective tool with which to enforce the law and protect
tenants and housing. The Office of Special Enforcement will be able to track multiple listings,
4
neighborhood trends, clusters of illegal rentals. They can deploy their resources, along with
those ofthe New York City's Building and Fire Departments more efficiently and effectively.
Essentially, they will be operating on a level playing field with those posting illegal short-term
rentals: the field being the web platforms themselves.
10. The tool that Local Law 146 represents is important to the well-being of my
constituents. It should not be barred, nor its implementation delayed.
11. I urge the Court to deny the Plaintiffs' motion.
A. BREWER
Sworn to Before me
this 1st day of October, 2018
~-
Notary Public
ADELE BARTLEIT
Notary Public. State of New York
No. 02BA6239986
Qualified in :'~lew York County
Comntission E:<pirea April 2~, 20~
5
EXHIBIT D

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AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
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Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
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DECLARATION OF STATE ASSEMBLY MEMBER

LINDA ROSENTHAL
1. I am a member of the New York State Assembly, representing the 67th Assembly
district, which includes the Upper West Side and parts of the Hell's Kitchen neighborhoods in
Manhattan. I make this declaration as part of Urban Justice Center's application to submit a
brief as amicus curiae in support of the Defendant City ofNew York's opposition to the
Plaintiff's Motion for a Preliminary Injunction to enjoin Local Law No. 146 of2018 ("Local
Law 146"), a law passed unanimously by the New York City Council ("City Council") and
signed by the Mayor, that will require online booking services, such as Airbnb and HomeAway,
to regularly report to the City a limited amount of transactional information regarding their hosts'
short-term rentals in New York City.

2. I have served in the New York State Assembly since 2006, and in that time, I
have been advocating to protect the City's affordable housing stock and the tenants who live in
those affordable units, both legislatively and via services my district office provides directly to
constituents.
3. I was a cosponsor of the 2010 "Illegal Hotels Law," which prohibited the short-
term rental of entire multiple dwelling units occupied for permanent residence purposes.
Multiple Dwelling Law ("MDL") §4(8).
4. I was the author of the 2016law (Chapter 396 of the Laws of the State ofNew
York) that banned the advertising of illegal hotels and levied substantial fines for every illegal
listing. This law was necessary because despite having the technological capacity to ensure that
listings comply with New York State, Airbnb and similarly-situated websites allowed postings
on their website that did comply with the MDL.
5. Currently, I am the sponsor of statewide legislation that would, like Local Law
146, require internet-based short-term rental booking services like Plaintiffs Airbnb and
HomeAway to disclose address and other relevant listing data to enforcement agencies. I
introduced this legislation because even with the advertising ban, booking services in New Yark
continue to violate the MDL with impunity, and we recognized that without the ability to
effectively and proactively enforce the MDL, we would not be able to stop the impacts
unmitigated illegal hotel growth was having on affordable housing and tenants' quality oflife.
6. In the nearly 13 years that I have represented the 67th Assembly district, I have
seen the explosive growth of illegal hotel activity, first in my district on Manhattan's West Side,
and then across the City ofNew York. Illegal hotel activity began as a means by which
unscrupulous landlords looking to make a quick buck emptied their buildings - usually single
room occupancy or otherwise rent regulated- of nearly all permanent tenants to make room for
transient hotel guests who were willing to pay a premium for a short-term stay in an apartment-
like environment.
7. The impacts of these illegal listings on our city and our affordable housing stock
cannot be understated. New York City is Airbnb's third largest market worldwide, with more
than 50,000 listings citywide. According to an audit by the New York City Comptroller,
between 2011 and 2017, New York City lost nearly 183,000 units of affordable housing renting
for less than $1,000. The study further points out that between 2009 and 2016, rents rose 25%
citywide, and they rose most precipitously in the eight neighborhoods with the highest
concentration of Airbnb units. The report concluded that between 2009 and 2016, approximately
9.2 percent of the citywide increase in rent rates can be attributed to Airbnb.
8. New York City already ranks among the most unaffordable cities in the world,
and Airbnb is unapologetically contributing to the trend. In addition to raising rental prices and
removing hundreds of units of housing available to low- and middle-income earners, it has also
sped up gentrification and allowed a crop of illegal commercial operators to warehouse units of
housing and reap the vast majority of profits from the illegal activity.
9. But often lost in debates about gentrification and rental prices, is the very real
impact that illegal hotel activity and Airbnb has had on the lives of permanent tenants, who have
been forced to live with a revolving door of transient hotel guests as their neighbors. The
intrusion into their lives is both unwelcome and unwanted.
10. For years, my office has worked with permanent residents who have had their
lives and their homes upturned by illegal hotel activity. In the early days, though disturbing, this
activity was diffuse. When Airbnb came onto the scene, it helped professionalize an illegal
cottage industry and enabled operators to scale up easily. This has magnified the impact on
individual tenants in buildings citywide.
ll. A rent-regulated tenant who has lived in his building of 17 units for more than 10
years called my office to complain about Airbnb activity that was making him, and other
building residents, feel unsafe. The vast majority of residents have lived in this building for
decades, and the resulting community is elderly and friendly. This tenant complained that
tourists were walking through the building at all hours, knocking on doors, sometimes in the
middle of night, trying to locate their rental unit. This tenant was repeatedly woken in the
middle of the night by strangers knocking on his door. He reported being startled by dragging
sounds on more than one occasion, which turned out to be tourists hauling their suitcases through
the building common hallways. The building received 4 violations from the Office of Special
Enforcement for illegal transient occupancy, yet the Airbnb activity has continued to this very
day unabated.
12. A resident of a coop building on West 42"d Street, who wished to remain
anonymous, emailed the office to report rampant Airbnb activity within the 200-unit building.
This person complained that hundreds of the building units were occupied by strangers, many as
Airbnb units. In addition to being annoyed that so many of his or her neighbors would be
breaking the law, he or she expressed serious concerns about building safety. S/he alleged that
s/he had witnessed violence in the building along with rampant drug use, most notably cocaine.
S/he claimed that while walking his/her dog s!he had seen plasticine bags littering the common
hallways and outside areas surrounding the building. S!he was desperate to clear the building of
Airbnb guests and the dangerous, party-like atmosphere the transient guests had created in his
home.
13. At a recent tenant meeting, the president of a tenant association for a single room
occupancy building on West 75th Street reported the first signs of Airbnb activity in a newly-
renovated unit in the building. The unit, which is no longer rent stabilized, is now being used by
transient hotel guests. The permanent residents at the meeting reported that they have seen a
revolving cast of people coming into the building with suitcases. While the residents have yet to
experience ill effects, they are concerned that as new evictions in the building pave the way for
more rent-stabilized units to be converted to market rate, the problem may continue to grow in
scale. My office has arranged an inspection with the Office of Special Enforcement.
14. The president of a large building complex in the district on West End A venue
reached out to my office to report Airbnb activity in one or more coop units in the building. In
an email, he wrote, "As you can imagine, it is not easy to maintain the residential character of a
large apartment building. The overwhelming majority, in fact almost all, of our residents are
hardworking middle-class people who want to come home to a quiet apartment and want to
know who their neighbors are." In phone conversations that followed this email, the president of
the building recounted that despite its large size, most neighbors have lived in the building long-
term and know each other, if not by name, then most definitely by sight. He expressed grave
concerns that allowing Airbnb activity to take hold in the building would destroy its "sense of
community," which was a draw for him and many others to the building in the first place.
15. The president of a block association called to report illegal hotel activity in her
West 76th Street building. As a rent-controlled tenant who lives in a small building, she and her
fellow rent-controlled neighbors worried that her landlord, who they believed was listing the unit
on Airbnb, would view the Airbnb unit as more lucrative than their rent-controlled units. In
addition to concerns about strangers in the building at all hours, she worried that the Airbnb
activity would grow and conditions in her building would deteriorate.
16. A rent-stabilized tenant on West 19th Street emailed the office just last week to
complain about an Airbnb in her smalll5-unit building. The woman, who wants to remain
anonymous for fear of retaliation by her landlord, claimed that her landlord was operating an
illegal Airbnb out of one of the building's units. She alleges that the landlord is investing his
money in upgrading and maintaining the Airbnb unit, and as a result, she caunot get repairs made
to her unit. She claims that she has not had cooking gas since June of this year. In addition, she
claims that though she has repeatedly reported inoperable windows to building management, one
of which is her fire escape, the windows have not been repaired. My office has arranged for this
tenant to be interviewed by investigators with the Office of Special Enforcement, and we will
work with her to ensure that all necessary repairs are made to her unit and the building.
17. These are just a sampling of the most recent complaints my office has received
regarding illegal hotel activities facilitated by Airbnb. Over the years, constituents have
complained that when illegal hotel activity, Airbnb enabled or not, proliferates in their building,
conditions often worsen. These people universally complain that their personal security is
compromised, and claim to feel unsafe in their buildings. Some allege an increase in destructive,
even criminal activity, including property theft and destruction, trespass, fighting, noise, drug
use, prostitution and violence.
18. In addition, many constituents report that landlords who act as commercial
operators on Airbnb prioritize repairs for Airbnb users and do not make timely repairs to the
units of permanent residents. From bathroom leaks that start off small and end up flooding entire
rooms, to doormen, porters and other building staff acting as bellhops to tourists instead of
building staff responsible for maintenance and safety.
19. Others have said that their homes feel more like hotels when Airbnb takes over.
These people report having to stand in line behind tourists wielding suitcases when entering their
buildings. They describe building lobbies that double as hotel bars, filled with strangers drinking
cocktails.
20. Tenants in single-room occupancy buildings, where kitchens and bathrooms are
shared, report having personal items, such as groceries or cooking utensils, rifled through and
stolen, because tourists confuse these items as communal.
21. Tenants also report an increase in rodents and pest activity, such as roaches and
bedbugs, when buildings fill with tourists because the amount of trash produced by the building
doubles or triples without the staff or the receptacles to handle the increase.
22. It is rich that technology companies such as booking services for decades have
played fast and loose with customer data, content to sell demographic and sensitive personal
information to the highest bidder with little regard for the end use, now purport to care about
protecting that very data. So many tech companies who are part of the so-called "sharing
economy" have created business models that are based on breaking the law and sharing user data
in ways both known and unknown. It would seem that data sharing is okay, so long as the
companies mining the data are the ones to profit from sharing it.
23. As outlined in its privacy policy and terms of use, Airbnb states explicitly that it
reserves the right to share the personal information of users with social media platforms, such as
Facebook or Google, to promote the Airbnb platform. (Airbnb Privacy Policy, Section 3.8).
24. In Section 3.10 of Airbnb's Privacy Policy, Airbnb states " ... we may share
information of participating Hosts with the relevant authority, both during the application
process and, if applicable, periodically thereafter, such as the Host's full name and contact
details, Accommodation address, tax identification number, Listing details, and the number of
night booked." Though Airbnb now argues that sharing this information with housing or
relevant enforcement agencies is prohibited by the US Constitution and federal law, Airbnb
shares this information freely with regulators in multiple cities, including San Francisco, CA,
Chicago, IL and New Orleans, LA, each of which has entered into voluntary data sharing
arrangements.
25. Sharing limited and relevant host data with enforcement agencies in New York,
and any other city in the country, will enable regulators to better enforce the housing laws and
building and fire codes in place to protect tenants and affordable housing.
26. Since Airbnb already shares this data voluntarily with numerous other
municipalities, and also shares user data with social media websites, like Facebook (which just
experienced a privacy breach that exposed the personal data of more than 50 million users), it is
hard to understand Airbnb's protestation now as anything other than an attempt to hide listing
activity that the company knows breaks New York law.
27. Airbnb and its tech allies do not want to reveal what we already know- that the
vast majority of Airbnb listings in New York are illegal. This is real reason that companies like
Airbnb and Homeaway are fighting so hard to prevent disclosure of transactional listing data on
short-term rentals.
28. Disclosure of relevant and limited listing data for use by the agencies that are
empowered to protect housing and tenants' quality oflife is the single most effective means by
which to ensure that listings on Airbnb and other homesharing websites comply with the law.
29. The harm caused by illegal hotel activity, exacerbated and hastened by booking
services such as Airbnb, and the dangers it poses New York's affordable housing stock and to
permanent residents is severe. Therefore, I respectfully request that the Court deny the
Plaintiffs application for a preliminary injunction to enjoin implementation of Local Law 146.
Linda Rosenthal /
New York State ,Xssembly Member
EXHIBIT E

-----------------------------------------------------------------------x
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------x
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF NEW YORK STATE ASSEMBLY MEMBER

RICHARD N. GOTTFRIED
RICHARD N. GOTTFRIED, being duly sworn, deposes and says;
District in New York County. I make this declaration as part of my application to submit a brief
as amicus curiae in support of the Defendant City of New York’s opposition to the motion by
Plaintiffs Airbnb and HomeAway seeking a preliminary injunction to enjoin Local Law No. 146
of 2018 (“Local Law 146”), a law passed unanimously by the New York City Council (“City
regarding their hosts’ short-term rentals in the City. I have extensive involvement in the issues
in this matter, both from working with constituents on illegal hotel issues in their apartment
buildings, and from working on and being the Assembly prime sponsor of the 2010 legislation
enacting the law prohibiting (with limited exceptions) the short-term rental of multiple dwelling
units occupied for permanent residence purposes. Multiple Dwelling Law (“MDL”) § 4(8).
2. I have served in the Assembly since 1971, and have been actively involved in
housing issues throughout that time, including constituent service and advocacy on housing
issues at the state and New York City levels. The vast majority of the residents of the district
live in Class A multiple dwellings. For decades, the communities I have represented have been
plagued by a shortage of available housing, especially affordable housing. Residents of multiple
dwellings need security against intrusion by strangers into their buildings and protection from
noise and other disruptions in adjoining apartments and public areas of their buildings.
3. In or about 2004, my staff and I began getting complaints and requests for
assistance from constituents about apartments in their Class A multiple dwelling buildings being
rented out to tourists and other transients. They were concerned about the security threats posed
by strangers coming and going at all hours, elevators filled with tourists and luggage, and noise
and disruption from tourists loudly entertaining.
4. For example, in February 2018, two constituents living at 410 W. 46th Street
reported problems of no heat and hot water, fires, prostitution and illegal hotel use in their
building. One of the tenants reported users of an illegal hotel unit on the roof of the building
smoking. The Mayor’s Office of Special Enforcement issued violations to 410 W 46 th Street in
May of 2018.
5. Also, tenants of 303 W 30th St, a building with a mix of rent stabilized units and
condominium units, reported to building management complaints of illegal hotel activity on July
24, 2018. They complained that their building was being used like a hotel, with tenants
witnessing people coming and going with suitcases regularly. They referred to a lockbox
installed on the 10th floor they believed to be used by illegal hotel renters utilizing unit on the 8 th
and 10th floors.
6. In some cases, transient rentals were used by landlords who were converting
buildings to cooperative or condominium ownership, or who were trying to empty regulated
buildings in order to renovate and re-let the units to higher paying occupants. In such cases, the
landlords (directly or through an intermediary) were using transient rentals in order to keep
regulated buildings empty of tenants with rights while still taking in income from tourists.
7. These transient rentals deprive New York City of urgently-needed housing,
especially affordable housing, and mean loss of hotel tax revenue and other tax revenue
(including personal income tax revenue where income from the rentals is not declared as taxable
income).
8. For example, my office has heard complaints of illegal hotel activity from the
residents of 321, 323, 328, 330, 332, 334, 348 and 350 West 47th Street. Chris Lebron, a resident
of 321 W 47th Street, described how the management treated tenants compared to Airbnb renters.
After Big Apple Management illegally installed a bathroom on the fifth floor, leaks ensued
causing heavy water damage to all apartments below. Apartments 1A and 3A, which were being
rented through Airbnb were immediately fixed. Apartments 2A and 4A, where permanent
tenants resided were not repaired for four months and they have still not been reimbursed for loss
and damage of property and time spent unable to use their apartment. Furniture from the units
used as illegal hotels was illegally dumped on the street in the summer of 2018 leading to
citations by the Department of Sanitation.
9. Since Big Apple Management took over these buildings in the mid to late 1980s,
multiple apartments ranging from studios to three bedroom apartments were subdivided into four
to five bedroom units. Tenants of these buildings first noticed illegal hotel activity beginning in
2008/2009, activity which rose to a heavy amount in 2010/2011 with the rise in popularity of
Airbnb. This activity continued to this year with violations witnessed in May of 2018.
Management has used Latch smart access locks to allow users of these illegal hotels to enter the
building, causing security issues for permanent tenants. Employees of Big Apple Management
have also been seen by tenants handing keys to these users. According to the Mayor’s Office of
Special Enforcement, these buildings have received at least 50 illegal hotel complaints since
2011, 150 building and fire violations, four building and fire criminal summonses, and five
advertising summonses. There has also been $120,000 in penalties for various violations.
10. The problem of illegal transient occupancy of Class A multiple dwellings
continues to persist in my district and many other areas, despite the 2010 and 2016 amendments
to the State Multiple Dwelling Law. The problem has been dramatically exacerbated by the use
of online services like those operated by Plaintiffs Airbnb and HomeAway.
11. Local Law 146 is an invaluable tool for strengthening New York City's ability to
protect my constituents and the City's housing market by ending and preventing that illegal
activity.
Court deny the Plaintiffs’ application for a preliminary injunction to enjoin Local Law 146.
Dated: September 28, 2018
______________________________
RICHARD N. GOTTFRIED
New York State Assembly Member
EXHIBIT F

-----------------------------------------------------------------------x
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------x
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF NEW YORK STATE ASSEMBLY MEMBER DEBORAH GLICK

Deborah Glick, being duly sworn, deposes and says;
District in New York County, including Village, a part of East Village, and Tribeca. I make this
declaration as part of my application to submit a brief as amicus curiae in support of the
Defendant City ofNew York's opposition to Plaintiffs Airbnb and HomeAway's motions
seeking a preliminary injunction to enjoin Local Law No. 146 of2018 ("Local Law 146"), a law
passed unanimously by the New York City Council ("City Council") and signed by the Mayor,
that will require online booking services, such as Airbnb and HomeAway, to regularly report to
the City a limited amount of transactional information regarding their hosts' short-term rentals in
the City. I have extensive involvement in the issues in this matter as the 66th Assembly District
has been reported as containing substantial number of AirBnB rentals.
2. I have served in the Assembly since 1991 and am serving my 14th term in the
Assembly. During my tenure, I have been a strong advocate for tenants rights and have
sponsored and won creation and renewal of the Loft Law, which brings formerly
commercial buildings up to residential code and protects current tenants, many of them
artists, from eviction. Currently, I am the sponsor of several measures to protect the
rights of tenants, as well as legislation to provide a tax credit to renters.
3. Dubious commercial operators who bend the law to convert residences
into illegal hotels pose a severe threat to the quality oflife of my constituents and reduce
the limited affordable housing stock in New York City.
4. My constituent, who lived in a walk-up building with ground floor commercial
space, called my office to complain that the landlord had taken over a unit and was
renting it on a home-sharing site. The constituent noticed many individuals coming in at

the end of the week and leaving again at the beginning of the following week. This
individual was traveling for an extended period of time and felt uncomfortable leaving
the apartment building for such a long period of time while the landlord may be renting
out many units for short term rentals. The constituent expressed concern for safety of
property.
5. Another constituent who lives on the ground floor of their building, reached out to
me concerning numerous persons arriving and leaving with bags, and found the
corresponding listings on a home-share website. This individual did not feel comfortable
entering or leaving the building at certain times because the holder of the apartments was
showing the units and also renting them on a home-share site.
6. I have also observed larger patterns that have taken place throughout my district
as a result of these illegal hotel listings. Many tenants have been displaced and there has
been a disproportionate impact on seniors, especially those with limited income and have
lived in the community for several decades.
Court deny the Plaintiffs' application for a preliminary injunction to enjoin Local Law 146.
Dated: September 28, 20 18

EXHIBIT G

-----------------------------------------------------------------------x
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------x
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF NEW YORK STATE ASSEMBLY MEMBER

HARVEY EPSTEIN
EXHIBIT H

-----------------------------------------------------------------------X
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------X
HOMEA WAY. COM, INC.,
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF UNIFORMED FIREFIGHTERS ASSOCIATION

OF GREATER NEW YORK, LOCAL 94 U.A.F.F., AFL-CIO
VICE PRESIDENT LEROY C. MCGINNIS, ENGINE 266
1
LeRoy C. McGinnis, vice president of Uniformed Firefighters Association of Greater New York
("UF A"), being duly sworn, deposes and says under the penalties of perjury:
1. I make this declaration as part of the application to submit a brief as amicus
curiae in support ofthe Defendant City ofNew York's opposition to Plaintiffs Airbnb and
HomeAway's motions seeking a preliminary injunction to enjoin Local Law No. 146 of2018
("Local Law 146"), a law passed unanimously by the New York City Council ("City Council")
and signed by the Mayor, that will require online booking services, such as Airbnb and
regarding their hosts' short-term rentals in the City.
2. I am a firefighter employed by the New York City Fire Department ("FDNY"). I
have been a member of the FDNY for 33 years. I am also the Vice President ofUFA, the union
which represents all New York City firefighters, fire marshals, and marine engineers.
3. FDNY is responsible for enforcing the New York City Fire Code ("Fire Code" or
"FC") and rules promulgated thereunder, which seek to prevent fires and mitigate their danger to
life or property, throughout the five boroughs of New York City.
4. Transient (less than 30-day) occupancy, such as hotels and other short-term
accommodations are required to be designed, constructed and operated in accordance with more
stringent fire protection requirements than those applicable to permanent residential buildings. A
major reason for this distinction is that tourists who stay in transient accommodations are not as
familiar with the layout of the building, including the exit stairwells, and are likely to find it
more difficult to evacuate the building quickly in the event of a fire or other emergency. This is
especially true in the case of a heavy smoke condition, smoke being a prime cause of death and
serious injury in the event of fire.
2
5. Therefore, the Fire Code imposes or references a series of requirement on
transient occupancy, such as the portable fire extinguisher (FC § 906.1 ); automatic sprinkler
system (FC § 903.2); fire alarm systems on all floors with smoke detection capability (FC §
907.2); fire safety evacuation plan which also designates the fire safety director, deputy fire
safety director, and fire brigade member (FC §§ 401.6.5, 404.2.1); posting of diagrams on every
guest room entrance door showing the route to two stairwells or other means of egress (FC §
405.5); and photo luminescent exit path marking for exits and stairwells in high-rise buildings
(FC § 1001.2).
6. These fire safety measures are important not only to protect the lives and safety of
the permanent residents and the transient visitors, but also to safeguard the wellbeing of the first
responders such as firefighters. When first responders report to an emergency at a permanent
residence that has been illegally converted into transient occupancy, they have no knowledge of
the increased hazardous conditions therein. And that lack of knowledge not only creates
confusion, but also jeopardizes the first responders' safety, and can cause serious harm.
7. For example, as recently as the evening of September 26,2018, New York City
firefighters responded to a fire located at 48-01 216th Street, Bayside, New York. This is
supposed to be a one-family permanent residence but, unbeknownst to the firefighters who
responded, it had been illegally conve1ied to ten rooms and rented out to numerous unrelated
transient guests. Five firefighters were injured while battling that fire, which could have been
1
avoided if there were sufficient fire safety protection measures as mentioned above.
1
https ://gns.com/story/20 18/09/27/five-frrefighters-battling-one-alarm-bayside-house-fire-says -fdny/
3
Accordingly I am submitting this declaration in support of Defendant City's Opposition
to the Plaintiffs' motions seeking preliminary injunction to enjoin Local Law 146.
4
EXHIBIT I

-----------------------------------------------------------------------](
AIRBNB, INC.,

18 Civ. 7742 (P AE)
-against-
Defendant.
-----------------------------------------------------------------------](
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------](
DECLARATION OF JONATHAN FURLONG, DIRECTOR OF ORGANIZAING

FOR HOUSING CONSERVATION COORDINATORS
ON THE EFFECTS OF ILLEGAL HOTEL ACTIVITY IN HELLS KITCHEN
1
Jonathan Furlong, being duly sworn, deposes and says;
1. I am the director of organizing for the Housing Conservation Coordinators
("HCC"). I make this declaration as part of my application to submit a brief as amicus curiae in
support of the Defendant City of New York's opposition to Plaintiffs Airbnb and HomeAway's
motions seeking a preliminary injunction to enjoin Local Law No. 146 of 2018 ("Local Law
146"), a law passed unanimously by the New York City Council ("City Council") and signed by
the Mayor, that will require online booking services, such as Airbnb and HomeAway, to
regularly report to the City a limited amount of transactional information regarding their hosts'
short-term rentals in the City. I have extensive involvement in the issues in this matter from
working with residents on illegal hotel issues in their apartment buildings,
2. Since 2004, HCC has been organizing and fighting against illegal hotels in Hells
Kitchen, Chelsea and the Upper West Side. What began as a 'Quality of Life' or 'Nuisance'
issue roughly 14 years ago, has become a serious threat to the stock of rent stabilized housing in
the city and has been an accelerant to the gentrification of our neighborhoods and communities.
Any debate on the legislation being considered today should include a serious conversation about
how it would affect tenants who have fought for years to stay in their homes.
3. Simply put, New York City is in a housing crisis. Every night more than 62,498
people (including 15,176 families) sleep in homeless shelters, and currently 147,512 of rent
stabilized units have been lost to vacancy decontrol through processes and policies that have
been well documented by organizers and tenants alike. The residential rental vacancy rate in
New York City currently sits at 3.6 percent and has remained below 5 percent for decades. The
New York City Rent Guidelines Board has determined that rental vacancy rates below 5 percent
are likely to generate market distortions that result in tenant hardships and displacement.
2
Moreover, the New York City Legislature has determined that a residential rental vacancy rate
below 5 percent constitutes a housing emergency.
4. The short-term rental of apartments in multi-family buildings as hotel units have
created an overall loss ofbetween 7,000 and 13,500 units ofhousing from New York City's
long-term rental market, adding to an already extensive list of causes that includes buyouts,
vacancy bonuses, major capital improvements, individual apartment improvements, and
preferential rents among others.
5. Before the presence of online platforms, HCC began seeing illegal hotels,
commercial rentals ofless than 30 days to tourists in residential buildings, in Upper West Side
single room occupancy buildings. SRO building owners saw converting their residential units
into commercial hotels as capturing ''the highest and best use" in the parlance of real estate. This
wreaked havoc on the quality of life of the residential tenants.
6. Since its inception, Airbnb has changed the illegal hotel industry from being SRO
owners converting their residential buildings into hotels making it possible for anyone to be a
hotelier, but of course without following the fire and safety codes and zoning regulations of
actually being a hotel. Tenants who have come to HCC for help with Illegal Hotels in their
buildings have routinely complained of entire groups of strangers and all of their belongings
moving through the building at all hours, ongoing noise disturbances from parties, excess
garbage from 'hotel guests' left for the building supers to clean up, and an overall lack of safety.
7. In particular, HCC has worked with Orbach Group/Lighthouse tenants in 14
buildings along West 49th Street between gth-9th Avenues. What tenants have experienced has
become all too familiar: hard partying tourists next door, intercom buzzers at all hours of the
night, vomit on the stairs and wear and tear on the building. To cut down on the intercom
3
buzzing the landlord installed a key swipe system for the doors but in a nod to the tourists, any
key swipe opens the door to any of the 14 buildings on the block!
8. At other buildings, the illegal hotels are not as widespread but nevertheless a
reality of Hell's Kitchen residential life. In a building on West 47 Street owned by the Chinitz
family but managed by Lower East Side landlord Avihu Gerafi, illegal hotels cater to
international travelers while the building manager has many rent regulated tenants on DHCR rent
reductions and is fond of screaming and making thinly veiled threats when not welcoming those
tourists.
9. Most recently, HCC has worked with tenants at 412 West 46th Street who have
repeatedly communicated to organizers how fearful they are for their safety. The building has 16
units, more than half of which are used as illegal hotels. The front door does not lock and so the
building is continually accessed by strangers not only trying to access units as hotel
accommodation, but also use drugs or simply sleep in the hallways. The lack of security has
made the building a hub of activity for people with no permanent housing. One of the long-term
tenants was recently assaulted just outside of the building.
10. Lastly illegal hotels are a threat not only to quality of life of residents, a
neighbor's character but also to the entire City's housing stock. Property owners seeking to
capture the highest and best use for their real estate may seek to remove tenants for more
lucrative illegal hotels.
Dated: September 27th, 2018
Jonathan Furlong
Director of organizing for the Housing
Conservation Coordinators
4
EXHIBIT J

-----------------------------------------------------------------------x
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------x
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF MURRAY COX
1
MURRAY COX being duly sworn, deposes and says under the penalties of perjury:
1. I make this declaration as part of my application to submit a brief as amicus
curiae in support of the Defendant City of New York’s opposition to Plaintiffs Airbnb and
HomeAway’s motions seeking a preliminary injunction to enjoin Local Law No. 146 of 2018
(“Local Law 146”), a law passed unanimously by the New York City Council (“City Council”)
and signed by the Mayor, that will require online booking services, such as Airbnb and
regarding their hosts’ short-term rentals in the City.
2. I have extensive involvement in the issues in this matter since 2015, as the
founder and chief data activist of Inside Airbnb, a computing platform and website that collects
and aggregates publicly available data from www.airbnb.com, to assist cities and communities to
respond to the impact of short-term rentals by tourists on residential neighborhoods throughout
the world. Inside Airbnb is hosted at http://insideairbnb.com.
3. In addition to providing data and analytic tools via my platform Inside Airbnb, I
have constant contact with city administrators, academic researchers, policy makers, housing
advocates and resident groups around the world and am familiar with different approaches taken
by cities, states and national governments to regulate short term rentals and the efforts of Airbnb
and other short-term rental platforms to avoid regulation and enforcement.
4. Airbnb is a computing platform and website which allows users (in this case,
hosts) to rent their dwelling(s) to other users (in this case, guests) for a set term for consideration.
As such transactions often involve what would otherwise be permanent residential dwellings,
being used by customers who would otherwise be paying for a hotel room, there has been
2
significant debate in many cities and localities around the world regarding Airbnb’s impact on
the respective local economy, housing stock, neighborhood and community cohesion and culture.
5. Inside Airbnb is an independent, non-commercial entity, whose goal is to add
substantive data to these discussions. Specifically, Inside Airbnb allows users to determine the
scope and impact of Airbnb’s existence in the community, by showing the number and frequency
of listings and rentals for a given area, as well as the possible income those listings generate from
such short-term rentals to tourists. Inside Airbnb also allows users to view information about a
host, to the extent such information is available through Airbnb, including the number of listings
maintained by the host, how long the host has been active, and the numbers of reviews their
guests leave them.
6. Airbnb, like almost every other website, makes some amount of information
public to internet users: through its webpage (the information outwardly visible which viewers
can see) ; through the code used to write that webpage (the computer language that computing
devices interact with in order to access the functions of the website); and through something
called the “Application Program Interface,” or “API,” which is the term for the codes made
available by a computer platform that allow internal and external programmers to develop
software that interact with the platform.
7. Inside Airbnb’s programs work by collecting these sets of publicly available
information, then aggregating the data to show the description, general location, host
information, and other details for each listing. As a result, Inside Airbnb can provide the data
discussed above to allow communities to determine the extent of Airbnb’s impact in their
neighborhoods. Inside Airbnb makes this data available for free to any user.
3
8. Public location information for Airbnb listings is anonymized by Airbnb. In
practice, this means the location for a listing on the map, or in public data will be from 0-450 feet
(150 meters) of the actual address. Listings in the same building are anonymized by Airbnb
individually, and therefore may appear “scattered” in the area surrounding the actual address.
While arguably protecting the privacy of hosts offering “public” short-term accommodation,
anonymizing the location also makes it difficult for the city to enforce their housing laws.
9. Over time, Airbnb has changed their service to make enforcement more difficult
by hiding data. When the Inside Airbnb project started in 2015, Airbnb provided the street name
in the public data for each listing. I was aware of multiple cities (New York City, the City of San
Francisco, the City of Paris) that were using this data to aid with compliance and enforcement of
their housing laws. Near the end of 2017, Airbnb removed the street name from the public
information available for a listing. As the street name might be useful for prospective guests, it
is my opinion, that Airbnb removed the street name solely to hide illegal activity on its platform
and thwart the city’s compliance and enforcement efforts.
10. Other measures used by Airbnb to evade scrutiny have been to reduce the number
of search results from 1,000 to 300 listings when performing a search1; and to remove permit
numbers from listings in jurisdictions that required the public posting of a permit number2.
1
Airbnb searches previously returned 1,000 results, but after journalists and enforcement
agencies started using searches to measure compliance and impact, in 2015 the number of search
results were reduced to 300, making it much more difficult to manually survey the Airbnb supply
in a city.
2
Portland, Oregon’s ordinance required the posting of the city’s short-term rental permit number
with any public advertisement. Airbnb originally included this field clearly in the web-page for
each listing. After journalists used this to reveal low compliance rates (less than 10%), in 2015
Airbnb removed the field from the listing page.
4
11. Like Local Law 146, other cities have introduced laws that require short-term
rental hosts and platforms to provide personal information and data on short-term rental
transactions, such as San Francisco and New Orleans.
12. Despite all the legislative amendments and enforcement efforts over the years,
illegal short-term rentals continue to spread and grow in intensity in New York City. In
September, 2018, there were more than 52,000 Airbnb listings in New York City, 52% of them
(more than 26,000 listings) were for entire homes3, and more than 12,500 of such presumed
illegal listings were frequently rented for more than 60 days a year, and presumed lost to the
long-term housing market.
13. Data on short-term rental activity is key to being able to measure its impact and
ensure compliance to the city’s housing laws which protect affordable housing and the
residential character of buildings and neighborhoods.
14. The data requested in Local Law 146 is essential for the city to measure and
ensure compliance to the city’s housing laws.
____________________
Murray Cox
3
“Entire Home” Airbnb listings do not have the permanent resident present, and could be illegal
in Multiple Dwelling Class A buildings.
5
EXHIBIT K

-------------------------------------------------------------------)(
AIRBNB, INC.,
Plaintiff,
DECLARATION OF
-against- LANA L. PELLETIER MCCREA
IN OPPOSITION TO
THE CITY OF NEW YORK, PLAINTIFFS' MOTIONS
FOR A PRELIMINARY
Defendant. INJUNCTION
-------------------------------------------------------------------)( 18 Civ. 7712 (PAE)

HOMEAWA Y.COM, INC., 18 Civ. 7742 (PAE)
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-------------------------------------------------------------------)(
LANA PELLETIER MCCREA, Esq. declares, pursuant to 28 U.S.C. § 1746,
under penalty of perjury, as follows:
1. I am an attorney employed by the Goddard Riverside Community Center Law
Project ("GRLP"). GRLP has provided free legal representation and organizing support to
tenants living on the west side of Manhattan in Single Room Occupancies ("SROs") for over 30
years.
2. I have served in this capacity since January of2018. As an attorney at GRLP, I
represent tenants facing eviction and bring affinnative litigation to preserve tenants' housing
rights.
3. I submit this declaration in opposition to Plaintiff Airbnb, Inc. ("Airbnb") and
Plaintiff HomeAway.com, Inc.'s ("Homeaway") (collectively, "Plaintiffs") respective motions to
preliminarily enjoin the City from enforcing Local Law No. 146 of 2018, codified as Admin.
Code§§ 26-2101 - 26-2105 (hereinafter"Local Law 146").
4. I make this declaration based upon my own personal knowledge, as well as my
review of records maintained by GRLP.
5. GRLP specializes in representation of tenants living in SRO housing. SROs are a
special kind ofhousing suited to low-income people who might otherwise be homeless. Akin to a
European-style hostel, SROs typically have shared bathroom and kitchen facilities.
6. SRO tenants routinely report income of below $15,000 per year and have little or
no other affordable housing options. They are therefore uniquely vulnerable to exploitation,
harassment, and abuse on the part of landlords and property management companies. This is a
housing of last resort.
7. A number of SRO owners in our catchment area are profiting off of illegally
renting out rent-stabilized units on a short-term basis. The legality of the short-term rental
depends on the classification, zoning, and fire-code regulations that apply to the building.
8. One particularly egregious example is the Saint Agnes Residence ("Saint Agnes")
at 237 West 741h Street, New York, New York 10023. Saint Agnes is allegedly a charitable home
for low-income women run exclusively as a non-profit. The owner of Saint Agnes claims that the
residence is exempt from rent stabilization laws because it is operated exclusively as a non-profit
for charitable purposes.
9. Recently however, residents of Saint Agnes have informed GRLP that men have
been staying at the residence for short periods of time with suitcases. GRLP investigated the
matter and found that Saint Agnes had been renting units commercially through Airbnb.com at
market rates.
10. Residents were particularly concerned because Saint Agnes is an SRO-style
building with mostly shared bathrooms and there is no security in between floors. In February of
2018, one resident of Saint Agnes told management via written correspondence that she was
uncomfortable and fearful of unfamiliar men staying for short periods of time and having open
access to the common bathrooms in the all-female residence. Nevertheless, management at Saint
Agnes continued to rent out the units for profit on Airbnb.com to both men and women.
11. Another resident of Saint Agnes, Ms. Jeanetta Freeman, no longer feels safe in the
building anymore. See Affidavit of Jeanetta Freeman (hereinafter "Jeanetta Aff.") at~ 3.
According to Ms. Freeman, police were called on at least two occasions and management has
begun harassing and intimidating the long-term tenants. Id.
12. According to reviews of Saint Agnes posted on Airbnb.com, the rooms were
equipped with a "TV, A/C, and mini fridge - almost like a small hotel room," in addition to
providing a "towel and a bar of soap". See Saint Agnes Airbnb.com Listing accessed on June 14,
2018, attached hereto as Exhibit A.
13. Meanwhile, Saint Agnes management informed its long-term tenants that
management would no longer be able to provide toilet paper in the shared bathrooms and
residents would be charged a new fee of $40 per month for air conditioning.
14. Most egregiously, Saint Agnes management started targeting its vulnerable, low-
income long-term tenants with harassment and threats of eviction. See Jeanetta Aff. ~2. A
number of long-term tenants had eviction proceedings brought against them. Several of these no-
cause eviction cases are currently being litigated in New York City Housing Court.
15. GRLP is currently trying to gather more information about Saint Agnes' for-profit
hotel operation but the landlord is fiercely resisting. In an ongoing no-cause eviction case in New
York City Housing Court, the landlord recently moved to have a GRLP attorney sanctioned
merely for moving for discovery.
16. Another example of such abusive behavior is the Broadway Hotel, a residential
SRO building located at 230 West I OP' Street. Its website lists daily rates for rooms on its
website that correspond to monthly rents of over $5,000 - well in excess of the legal regulated
rent for those rooms. 1
17. The Imperial Court, located on West 791h Street, has likewise rented units illegally
at the expense of tenants. The building has been engaged in litigation with our office and the city
over their illegal short-term rentals. The owner has refused to rent to permanent, rent-stabilized
tenants, and has instead chosen to keep rooms vacant and rent to tourists. This has caused
significant hardship for the permanent tenants of the building.
18. The illegal and unsafe use of SRO buildings as short-term commercial hotels has
significantly impacted the tenant population in GRLP's catchment area. It has created a public
nuisance and endangered the health, safety, and comfort of residents who utilize our services to
protect their housing rights. The City ofNew York should not be enjoined from using all
available tools to combat this activity.
Dated: New York, New York

October I , 20 18
Lana Pelletier McCrea, Esq.

Goddard Riverside Law Project
51 West 1091h Street
New York, NY 10025
1
Rates based on $184 per night figures listed on Broadway Hotel website, Imp: ''" ,,·.l)rond'' a_yhotclnj'c.com
(accessed on September 28, 20 18).
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-------------------------------------------------------------------)(
AIRBNB, INC.,
Plaintiff,
AFFIDAVIT OF
-against - Jeanetta Freeman

18 Civ. 7742 (PAE)
Defendant.
-------------------------------------------------------------------)(
HOMEA W A Y.COM, INC.,
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-------------------------------------------------------------------)(
JEANETTA FREEMAN declares, pursuant to 28 U.S.C. § 1746, under penalty
ofperjury, as follows:
1
1. I am a tenant at 237 West 74 h Street, New York, NY 10023. I have lived at
Room 4-12, 237 West 741h Street, New York, NY 10023 since October 2000.
2. St. Agnes is supposedly a non-profit run exclusively for charitable purposes and is
meant for women only. My landlord was and is renting out rooms to men and other short-terin
tenants who are unlikely to stay for longer period of times. Women who have been living there
for a very long time have been forced out in order to make room for more profitable short-term
renters. The St. Agnes residence has consistently harassed and singled out the longest term
tenants for eviction and harassment.

3. St. Agnes' illegal short-term rentals have negatively impacted my life because I
don't feel safe in the building anymore. This is because some of the short-term renters are very
volatile. We have had to call the police on at least two occasions. Also, the management harasses
and intimidates fellow long-term tenants making us all feel afraid about our living situation. Day
to day, it is uncertain what management will do next. We are bombarded with papers from
management's law offices with conflicting offers. This situation has made me feel perpetually
anxious, afraid, and unsafe.
%om to before me on the

I day of October, 2018

-------------------------------------------------------------------)(
AIRBNB, INC.,
Plaintiff,
AFFIDAVIT OF
-against- Carl Harrison

18 Civ. 7742 (PAE)
Defendant.
-------------------------------------------------------------------)(
HOMEA WA Y.COM, INC.,
Plaintiff,
· against-
CITY OF NEW YORK,
Defendant.
-------------------------------------------------------------------)(
Carl Harrison declares, pursuant to 28 U.S.C. § 1746, under penalty of perjury,
as follows:
I. I am a tenant at 314 West 1381h St, New York, NY 10030. I have lived at Room
3E, 314 West 1381h St, New York, NY 10030 since June 1982.
2. The building in which I reside is a Converted Class "B" Multiple Dwelling and
according to the current Certificate of Occupancy on file since 1956 with the
NYC Department of Buildings, the building contains 2 apartments. 5 furnished
rooms and oue community kitchen . l reside as an SRO .. Permanent Tenant" as
provided for under the Rent Stabilization Law (RSL) as implemented pursuant to
the New York City Rent Stabilization Code (Code).

3. My landlord was renting out rooms in my building for short-term rentals. In some
cases, there were many people staying in one room, up to 5 or 6 individuals. Short-terms rentals
jeopardized my safety and the renters left behind messy kitchens and bathroom which I had to
clean up.
4. These short-term rentals negatively impacted my life because I didn't know who
these people were. Furthermore, they were messy, noisy, and irresponsible.
Sworn to before me on the

1st day of October, 2018
EXHIBIT L

-----------------------------------------------------------------------x
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------x
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------x
DECLARATION OF BENJAMIN DULCHIN, EXECUTIVE DIRECTOR OF THE

ASSOCIATION FOR NEIGHBORHOOD AND HOUSING DEVELOPMENT
Benjamin Dulchin, being duly sworn, deposes and says;
1. I am Executive Director of The Association for Neighborhood and Housing
Development (ANHD). I make this declaration as part of my application to submit a brief as
amicus curiae in support of the Defendant City of New York’s opposition to Plaintiffs Airbnb
and HomeAway’s motions seeking a preliminary injunction to enjoin Local Law No. 146 of
2018 (“Local Law 146”), a law passed unanimously by the New York City Council (“City
regarding their hosts’ short-term rentals in the City.
2. About ANHD: ANHD is the umbrella organization of 100 non-profit affordable
housing and economic development groups, serving low- and moderate income residents in all
five boroughs of New York City. Since our founding in 1974, ANHD has been key in making
New York City’s community development sector among the most effective in the country by
providing comprehensive training, robust capacity-building and apprenticeship programs, and
high-impact policy research. In the past 25 years, ANHD’s non-profit members have built over
120,000 units of affordable housing in our city’s most distressed neighborhoods, worked directly
with tenants and homeowners to save thousands of at-risk affordable apartments and homes, and
consistently shaped the housing policy landscape to better meet the needs of low- and moderate-
income New Yorkers.
3. Why we are concerned about AirB&B: As an affordable housing research, policy
and advocacy organization, believes that New York City government must be involved in the
issue of on-line short-stay rental companies such as AirB&B. We know from the direct
experience of our on-the-ground local member groups that the over-concentration of illegal
hotels can disrupt communities, encourage landlords to harass out long-term tenants, and the
local neighborhood’s affordability crisis. And, we believe that the city-wide housing data
demonstrates how serious this problem is.
4. According to a 2014 report issued by the New York State Attorney General’s
analysis, there are 1,406 Airbnb hosts referred to as “Commercial Users” because they rent out
anywhere between 3 and 272 units – 124 of them operate ten or more units. These Commercial
Users collected $168 million in rent during 2013, controlled 1 in 5 Airbnb units, 1 in 3 bookings,
and more than 1/3rd of the total Airbnb revenue for private bookings in NYC. As it turns out, a
large segment of the Airbnb host population is controlled by commercial interests renting out
multiple apartments as short term hotels.
5. The report also makes it clear that a full 70% of the Airbnb rentals are illegal
because they are for fewer than 30 days in residential buildings. The New York City Multiple
Dwelling Law states that it is illegal to rent out an apartment in a residential building for short-
term stays under 30 days. There is no ambiguity here, and the law is there for good reason; we
have a housing crisis in New York. Tourists have hotels. Our residents need apartments. When
thousands of apartments are dedicated to short-term bookings for tourists, that means they aren’t
available for actual New Yorkers – the people who make our neighborhoods what they are, and
make New York City such a desirable place to visit in the first place. In addition, there are
safety issues: the degree of fire safety and other security that hotels require are very different
from what is required for actual residents who are truly familiar with the building.
6. ANHD believes that the problem does not lie with individuals who occasionally
rent out their homes; the problem lies with landlords, and even some tenants, who exploit the
opportunity full-time. The profit made on short-term rentals to visitors is so much greater than
the profit made on long-term rentals to residents that a growing number of landlords are pushing
out tenants and using Airbnb to rent out those apartments at an extraordinary markup. The
example of a case brought by New York City against a Manhattan landlord who had emptied out
tenants in two rent-stabilized buildings to instead rent to tourists on a full-time basis through
Airbnb demonstrates the problem, as housing is removed from the marketplace which reduces
reducing affordable units available for lower-income New Yorkers who need them most.
7. ANHD believes that welcoming tourists to New York is an important goal – much
of what makes this city great is due to its welcoming attitude to people from all over the world.
But there needs to be a balance. Letting our vibrant and diverse residential neighborhoods –
which are a big part of what attracts tourists in the first place – turn into hotel districts like Times
Square is not good for anyone except the owners of illegal hotel units.
8. Recent data from the 2017 Housing Vacancy Survey helps illustrate illegal short-
term rentals’ contribution to the affordability crisis. In the year leading up to August 2017,
12,200 whole homes were available for rent for at least four months. These are units that are
being removed from New York City’s scarce housing stock. This is part of an alarming trend of
increasing vacancy in the city: the most recent 2017 Housing and Vacancy Survey found that
since 2014, the number of units held for occasional or seasonal use or “other reasons” increased
58%. Meanwhile, rents continued to increase, especially in neighborhoods with high numbers of
AirBnB listings. Furthermore, approximately 1,200 “ghost hotels” are listed on Airbnb; these are
apartments that are deceptively listed separately as private rooms, yet make up an entire home.
Listing all the rooms of one apartment separately lets hosts avoid regulatory scrutiny.
9. Short-term rentals in buildings with three or more units are already illegal in New
York City. But lack of accurate information on when and where short-term rentals are occurring
EXHIBIT M
EXHIBIT N
EXHIBIT O
Christopher LeBron
321 West 47th Street Apt 4a
New York, NY 10036
(917) 817-7284
chrislebron@protonmail.com
26th September 2018
Your Honor,
If it pleases the court, my name is Christopher Agusto LeBron, native New Yorker,
volunteer tenant advocate, and professional digital marketing specialist representing
over 80 units of housing in Hell’s Kitchen, a neighborhood in the shadows of Time
Square. I would like to address the issues of privacy as a tenant and nearly lifelong
resident of my community.
What I wanted to go into was a long diatribe about how AirBNB and their “disrupt”
community are really just pariahs taking advantage of the good will of my fellow
New Yorkers but that kind of demagoguery is not the kind of language our country
and city needs now a days so with respect to the court I will keep this short and
sweet.
Hell’s Kitchen, New York City has long been known as a working class community
that supports the Time Square and Theater District like no other neighborhood in the
five boroughs has. The residents of our community have a special love hate
relationship with the tourist industry, we understand that the tourism benefits our
small businesses, provides jobs for friends and family in the theater unions, and
restaurant service jobs for young men and women dreaming of making it big. My
mother and father taught me early on that we live in the service of our city and so
despite the fact that double decker tour buses and theater traffic may pollute our air I
and my fellow neighbors have brushed off many an insult thrown our way and have
played host to the world.
In 2008 I returned home from Saint Louis University in the great state of Missouri to
47th Street between 8th and 9th avenue to see rolling suitcases on residential streets.
Tourists massing in front and on my stoop. Tourists drunk trying to following me into
my building claiming they belonged in my childhood home. Tourists fighting,
smoking and entering at all ours of the day as if my little walk up was the
Intercontinental or Hyatt. Tourists, your honor, are strangers, they are not my
neighbors. Tourists are not my best friend John, whom I’ve known since the days
when we shared a playpen.
My landlord refused to rent out apartments to people who wanted to invest in my

community. They did no background checks. No criminal checks, or financial
checks. My landlord took a dollar from anyone willing to give them a dollar. Two
bedroom apartments once occupied by recent college graduates or a pair of bachelors
were now occupied by a drug ring, a gambling ring, a prostitution ring, a sex club.
My family, my neighbors live in fear. We knew AirBNB was the platform by which
our landlord was leveraging in order to operate their illegal hostel syndicate. We
knew it because the company (AirBNB) previously listed addresses and names of
supposed “hosts” (employees of our landlord) but all of a sudden that information
was no longer available. AirBNB hid that information and made it impossible for us
to make a legal complaint after we realized we as tenants had rights not to live in
such transient squalor.
We live in a state where the privacy of law breakers are being protected by a multi-
billion dollar company hell bent on keeping my home, my neighborhood under their
power. We view AirBNB as no different as any other crime group but now they hide
behind computer screens and lawyers. AirBNB acts as nothing but syncope for the
people of my community. We waited on our landlord to fix the problems with our
apartments as our super allows contractors into illegal hotels that once housed our
family for quality of life improvements. We have gas leaks, mold problems, visible
structural flaws in our homes while tourists get dishwashers, extra bathrooms, free
internet, free cable, maid service all provided by our landlord. AirBNB denies
Gothamites the right to experience joy in their communities.
The unnatural sounds spewed by AirBNB and their cohorts are an attack on my
family’s right to breathe freely in our homes. They write to you knowing full well
that they only intend on keeping information away from local governments while
they sell the data of their users and their “hosts” to companies like Cambridge
Analytica, Comcast, Koch Industries and Monsanto. That is not the actions of group
claiming to protect the privacy of Americans. Those are not the actions of a group
that should be trusted with self policing.
Today we live in a building free of illegal hotels because of the very law AirBNB is
fighting but if AirBNB is allowed to live a double standard existence the apartments
that were formerly used for transient use will become hotel/hostels again. And our
rights again will be trampled on by our landlord while AirBNB profits off of our
misery.
Sincerely,
Christopher Agusto LeBron
Volunteer
President West 47th Street Tenant Association

EXHIBIT P

-----------------------------------------------------------------------JC
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------------------)C
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
-----------------------------------------------------------------------JC
DECLARATION OF JEANETTE ZELHOF, EXECUTIVE DIRECTOR OF

MOBILIZATION FOR JUSTICE, INC.
Jeanette Zelhof, being duly sworn, deposes and says:
1. I am the Executive Director ofMobilization for Justice, Inc. ("MFJ").
Mobilization for Justice envisions a society in which there is equal justice for all. Our mission is to
achieve social justice, prioritizing the needs of people who are low-income, disenfranchised, or have
disabilities. We do this by providing the highest quality direct civil legal assistance, conducting
community education and building partnerships, engaging in policy advocacy, and bringing impact
litigation.
2. Mobilization for Justice began as the legal arm ofMobilization for Youth, a large
community-based anti-poverty program founded in 1962. The legal unit, MFY Legal Services, was
founded on the principle of equal access to justice through community-based legal representation of poor
New Yorkers. When the federal Office of Economic Opportunity began funding community-based legal
services, our model became the prototype for hundreds of new programs. In 2017, we changed our name
to Mobilization for Justice ("MFJ") to better reflect the expanded scope of our work while honoring our
roots. We assist more than 25,000 New Yorkers each year . .MFJ's Housing Project provides advice and
representation to thousands of tenants annually and is dedicated to preserving affordable housing in New
York City.
3. MFJ supports a brief of amicus curiae in support of the Defendant City of New
York's opposition to Plaintiffs Airbnb and HomeAway's motions seeking a preliminary
injunction to enjoin Local Law No. 146 of2018 ("Local Law 146"), a law passed unanimously
by the New York City Council ("City Council") and signed by the Mayor, that will require
online booking services, such as Airbnb and HomeAway, to regularly report to the City a limited
amount of transactional information regarding their hosts' short-term rentals in the City.
Jea et e Zelhof, Esq.

Exe tive Director
Mobilization for Justice, Inc.

100 William Street, 6th Floor
New York, New York 10038
Tel: (212) 417-3700
EXHIBIT Q

-------------------·- ----------------X
AIRBNB, INC.,

18 Civ. 7742 (PAE)
-against-
Defendant.
-----------------------------------------------------------x
HOMEA WAY. COM, INC.,
Plaintiff,
-against-
CITY OF NEW YORK,
Defendant.
------------------------------------------------------------------X
DECLARATION OF JUDITH GOLDINER,

ATTORNEY IN CHARGE,
CIVIL LAW REFORM UNIT
THE LEGAL AID SOCIETY
JUDITH GOLDINER, being duly sworn, deposes and says:
1. I am the Attorney in Charge of the Civil Law Reform Unit of the Legal Aid
Society. The Legal Aid Society is the oldest and largest program in the nation providing direct
legal services to low income families and individuals. Through a network often neighborhood
and courthouse-based offices in all five boroughs and twenty-three city-wide and special
projects, the Civil Practice provides free direct legal assistance in thousands of matters
annually. Last year, the Society's Civil Practice provided free direct legal assistance in more
than 47,000 individual cases involving all areas of civil legal services with over fifty two percent
of those cases involving housing matters. New York City is a high rent, low vacancy rate city
with rapidly gentrifying low income neighborhoods. The Society represents tenants and tenants'
associations seeking to preserve affordable housing resources such as rent regulated
housing. The Legal Aid Society represents numerous rent stabilized tenants who face eviction
and displacement due to landlord harassment. The Legal Aid Society has a substantial interest in
the outcome of this appeal.
2. I worked at The Legal Aid Society since 1989. I have represented many tenants
facing eviction and bring affirmative litigation to preserve tenants' housing rights.
3. The Legal Aid Society supports a brief of amicus curiae in support of the
Defendant City ofNew York's opposition to Plaintiffs Airbnb and HomeAway's motions
seeking a preliminary injunction to enjoin Local Law No. 146 of201 8 ("Local Law I 46"), a law
passed unanimously by the New York City Council ("City Council") and signed by the Mayor,
that will require online booking services, such as Airbnb and HomeAway, to regularly report to
the City a limited amount of transactional information regarding their hosts' short-term rentals in
the City.
Dated: October I' 2018

EXHIBIT R
EXHIBIT S
EXHIBIT T

To Whom It May Concern,

Since the end of 2016, the remaining real tenants at 231 and 233 East 5th Street have endured the
presence of two "illusory tenants" ‐‐ Evan Rugen at 231, #7 and Randy Smith at 233, #8.

These building were sold, along with 22 others, from the Tabak family to Raphael Toledano (Brookhill
Properties) in 2015. Brookhill defaulted on the $126 million loan it received from Madison Realty Capital
in 2017 to buy the buildings. Ownership is still being sorted out in bankruptcy court, but Madison is
currently the de facto landlord, and its subsidiary Silverstone Properties is the acting property manager.

Smith and Rugen work together at CitiHabitats. They were moved into the apartments by Brookhill in
December of 2016. We suspect that they do not pay rent, but are occupying the apartments in order to
help validate the status of those units as market rate, rather than rent‐stabilized.

Rugen immediately set about renting out 231 East 5th #7 as an AirBNB, usually for two or three days at a
time. Actual tenants were harassed by the short‐term transients ringing their doorbells at all times of
the day and night, letting the building door slam shut, stumbling drunk up the stairs in the early hours of
the morning, shouting and arguing in the hallways, etc. Much of this occurred in the first half of 2017.
After being confronted by tenants, his actions became less obvious, but there are still unaccounted‐for
comings and goings of strangers with luggage who have the key to the building.

Smith has not generally used 233 East 5th #8 in an AirBNB. He isn't here all that often, either ‐‐ maybe
once a week or so. Instead, he uses the apartment to host occasional loud, boozy parties. There are now
only two remaining actual tenants in this building, on the two lower floors. (Toledano/Madison have
managed to remove actual tenants from eight of the ten units in the building.) Therefore, the
disruptions are only in passing, as inebriated strangers stagger up or down the stairs. There was one
more serious incident, recorded in the accompanying spreadsheet.

The spreadsheet was compiled by residents at these two buildings as part of the ongoing record of
harassment, abuse and neglect that have been experienced by tenants in many of the buildings that
were sold three years ago.

Thank you,

Jim Markowich
233 East 5th Street, #2
233E5th@gmail.com

Log of Airbnb related disturbances‐Recorded by Tenants 231 – 233 E 5th ST

Date Time: 12/29/2016 4:00 PM
Building: 231 East 5th ST
A guy named Evan moved into our building Apt 7 with the Brookhill truck. First I saw him with Rocky
[superintendent] and then he introduced himself as Evan and I asked where he was moving from, he
told me upstate New York. I asked if he knew Rocky from before. And he said no.

Date Time: 12/30/2016 4:00 PM
2 workers moving drywall and materials upstairs to apt 7. Neighbor from Apt 5 went up to see the apt
and a worker told her they were converting to a 3 bedroom apt. There are already 2 loft beds from the
previous tenant and they were going to put up a wall for a 3rd space. I thought it was quite intrusive to
do this right before New Years eve when people were home from work. They said they were going to
work on it after the wknd.

Date Time: 12/30/2017
Building: 231 E. 5th st
i went upstairs after hearing noise in Apt. 7. workers had moved dry wall into the apt. They told me
they were building a wall to create a third bedroom. Two lofts were already in the apt from year before.
I also saw several mattresses being lugged up the stairs to apt. 7

Date Time: 1/2/2017 10:00 AM
Workers came to put up the drywall. My neighbor and I went up to check out the space. I thought it was
odd for someone to move in a few days before the work was done. I also thought it was odd the super
lent a guy named Evan the Brookhill truck.

Date Time: 1/3/2017
more mattresses and other stuff were moved into the apt 7

Date Time: 1/5/2017 11:45 PM
Loud noises at 11:45 pm.
Evan was working on the apt. drilling and tapping nails into walls past 11:45 pm. My neighbor in Apt 8
knocked on his door to complain.

Date Time: 1/17/2017 8:00 PM
Week 1 of weekend renters It seemed like a couple of new tenants moved in or were staying with him
for the wknd.
Date Time: 1/8/2017 2:30 AM
wknd renters
Sunday 2:30‐3:30am I heard stomping up and down the stairs. My dog was barking. Lots of drunken
noise, people walking up and down the stairs, Heard voices in back yard, smoking etc.

Date Time: 1/10/2017 4:00 PM
wknd renters
neighbor from apt 5 knocked on apt 7in early evening and 2 strangers (young man and a woman)
answered the door. She said the noise the other night was very disturbing and asked them to please
step lightly. They said they had just arrived. it did look like they just dropped their luggage. Evan wasn’t
there but they said he’d be back later and she asked for his phone number.

Date Time: 1/20/2017 8:00 PM
Week 2 of weekend renters
Jan 20 I saw 2 people walking upstairs with luggage. By this time I have done research on this man Evan
Rugen who is a realestate agent for Citi habitats.

Date Time: 1/16/2017 7:00 PM
Rocky standing in front of building with 3 people.
I hear them talking about how much they rented various apts for. Our tenant in apt 7, Evan and another
guy and a woman. The other guy is a part time tenant in 233 e 5th street. I research and find that they
are the Smith Rugen team from Citi habitats.

Date Time: 1/27/2017 6:00 PM
Jan 25‐ housekeeper came,, Fri Jan 27 Week 3 of renters

3rd wknd of renters
Evan goes up to apt. 2pm and leaves after a few minutes.
Various Weekend tenants arrived between 4:30 and 6:30. Backpacks and luggage going up the stairs.
Lots of thumping noise
About 7:30 they are leaving building, I hear my neighbor in apt 5 asking them to step more lightly that
the sound comes through the floors. She asked them if they were here just for the weekend and they
said yes.

Date Time: 1/29/2017 10:20 AM
Weekend 3 of Renters leave with their luggage and backpacks
3 girls and a guy leave with suitcase and backpacks. Evan Rugen returned in the afternoon. At 6:40 p.m.
the cleaning lady arrived in Apt. 7.
I saw the housekeeper leave a few hrs later and my neighbor in apt 5 opened her door because of lots of
noise in the hall the woman was in the hall struggling with brooms and mops and bags of trash crashing
into the walls and apologizing for the noise.

Date Time: 1/31/2017 1:00 PM
Building: 231 east 5th
an hour ago I saw 4 "interlopers" (3 big guys & 1 girl ‐ dressed for winter & speaking in some foreign
tongue ‐ maybe scandanavians or Russians) thumping down the stairs from apt #7. they may have been
checking out #7 for short term rental, which is the current toledano scam going on in that apt.

Date Time: 1/31/2017 8:15 PM
More "hotel" activity in apt 7.
8:07pm
4th set of renters just marched up the stairs with their suitcases to apt 7. I'm getting extremely annoyed
by this "hotel" activity. 2 guys, sure to be a drunken week in NYC. It's only Tuesday.

Date Time: 1/8/2017 2:30 AM
My boyfriend and I heard loud stomping around from apt. 7 from 2:30 to 3:30
Feeling: very angry

Date Time: 1/10/2017
A young man and woman I had never seen before answered the door in Apt.7.
i knocked on the door of apt. 7 to tell Evan (the supposed tenant) that his stomping around the other
morning (2:30 ‐ 3:30 AM) was very inconsiderate particularly on a Sunday night. Two people I had never
seen before answered the door. When i told them that they need to step a little lighter because the
sound is amplified when it comes through my ceiling.
They said they had just arrived in the apartment and were only there a few days. They said Evan would
be coming by a little later.
Feeling: furious and confused

Date Time: 1/12/2017 11:45 PM
Building: 231 E.5th st.
Evan, the tenant in Apt 7 directly above me
i called Evan (tenant in apt 7) to let him know politely that his thumping around in heavy footsteps was
disturbing me at that hour of the night, could he please step a little lighter that the sound is very loud
coming through my ceiling. He reluctantly said he couldn't tiptoe but he would try to step llghter.
Feeling: angry

Date Time: 1/14/2017 11:45 PM
Building: 231 E. 5th st.
Spoke to Evan, enant in apt 7 directly above me.
i called Evan (tenant in apt 7) to let him know politely that his thumping around in heavy footsteps was
disturbing me at that hour of the night, could he please step a little lighter that the sound is very loud
coming through my ceiling. He reluctantly said he couldn't tiptoe but he would try to step lighter.
Feeling: annoyed and frustrated

Date Time: 1/31/2017 11:45 PM
Building: 231 east 5th street
Lots of activity going up and down stairs all night to wee hrs of am
short term guests
11:00‐ I hear a commotion 2 guys go up
11:30‐ 3 more guys go up
11:45‐ I hear a banging loud on a door (maybe that was my neighbor knocking on their door to
complain)
3:30am 3 guys go down
Meanwhile my dog Poco runs out of bed to the door each time and howls at strangers in the halls at all
hrs.
Feeling: angry and tired

Date Time: 2/1/2017 10:00 AM
short term rental
Another "hotel" guest arrives to apt 7
10 am another guest was waiting downstairs to be buzzed into apt 7 with his back pack and suitcase. I
took a photo of him waiting outside building. Later on my neighbor went up there and recorded them
saying they were staying for a few days

Feeling: frustrated ‐angry ‐tired

Date Time: 2/1/2017 9:00 PM
Various suspicious people coming up and down the stairs tonight.
4th week of renters
This rental doesn't make sense and looks like it could be drug dealing. Shady looking guys. 2 down the
stairs, 1 up the stairs, 1 down the stairs etc. All different guys. It's not a normal rental and it's a total
intrusion. We will call the police if thing escalate. They have rang my buzzer twice. I saw one go down to
get the other one and they said they were staying in the air b n b (yes they used those words) upstairs.
These were not the people we think we saw staying in the apt. I took a photo of a guy this morning. my
neighbors saw who is staying there. These 2 guys who said they were the only ones up there were
entirely different. And the halls and apt smell like pot. One neighbor will be calling the police soon.

Feeling: intruded upon

Date Time: 2/1/2017 10:00 PM
Building: 231 East 5th Street
Men staying next door in Apt. 7
Air B&B short term residents in the building; Noise and attempt to enter my apt.
For the past two days and nights, men have been staying in Apt. 7 adjacent to my apartment. They
arrived with small suitcases. They enter and leave the apartment at all hours of the night, running up
and down the four flights of stairs, with heavy steps, stomping about the apartment and making a lot of
noise.
I think they’re dealing drugs.The traffic up and down stairs all night seems awfully like what I
experienced living in another building during the heavy East Village drug years. They’re certainly using
drugs. The smell of marijuana and maybe more than that is intense up here. And more people are in and
out of the apartment constantly.
Tonight, someone kept buzzing my apartment from the street.
Then at 11:14 PM, after my apartment was buzzed again, two men tried to come into my apartment.
The door was locked so they kept pushing aginst it while I stood on the other side saying loudly, "Who's
there?" Heavy marijuana or crack clouds came through the door. They said nothing and then went into
the apartment next door.
I wanted to phone the police but I was on a midnight deadline to get a letter of recommendation to law
school in, and I wanted to wait until I finished it before calling the police. But my downstairs neighbor
kept phoning me, and I kept answering and I couldn’t think straight.
I got the letter in 4 minutes late, just as all the guys next door left the apartment so there was no point
in phoning the police. And now I reread the letter I submitted and it’s literally the worst I have ever
written in 30 years of writing them‐‐it's full of error and repetition.

I feel ashamed and angry and concerned for my former student whom I respect and really wanted to do
my best for. I feel afraid for my job which is affected by my inability to sleep through the night. I feel like
I"m being harassed by the landlord in a who

Date Time: 1/31/2017 11:30 PM
Strangers in the apartment next door who are clearly short‐term renters
Creepy encounter
Okay, so tonight I got home just before 10 PM, and between then and 11:30 PM the two new men who
arrived with their suitcases this evening were making so much noise‐‐shouting from one end of the
apartment to the other, banging on the kitchen table, talking very loudly, stomping heavily around the
apartment so that my dishes were shaking in the cabinets.

I couldn’t sleep. I knocked hard on their door at 11:30 PM. They scuttled about behind the door and
didn't reply, so I said, “If you don’t open this door I’m calling the police.”
A guy wearling a shirt but no pants opened the door, Another guy sat at the table behind him, looking
at me.

I said, “I don’t know if you’re aware of this, but you’re keeping three apartments up, and we have to go
to work in the morning.”
“Okay, I got you,” he said. “I know.”

I have a hair trigger these days—he said KNOWS? And he's still being noisy? That made me angrier—
“Yeah, you’ve been noisy as fuck and you need to stop it,” I said.
“Okay,” he said, "we will. Have a good night.”

I think they were stoned. The air was heavy with marijuana or crack smells. They stayed fairly quiet for a
while that night, though they did make runs up and down the stairs several times during the rest of the
night, at about two‐hour intervals. the dog downstairs barked like crazy every time.

Very angry and wired. I couldn't sleep. I hate getting angry like this. I felt harassed and creeped out by
the guy I spoke with and the other one sitting at the table behind him. I got a bad feeling about them,
like something illegal was going on, more th

Date Time: 2/2/2017 1:15 PM
Building: 231 East Fifth Street
At 1:15 p.m. four young men entered the building and walked up the stairs as I was about to enter my
apartment.
saw them as they passed me by on the stairs
I did not speak to them, but I assume they went to Apt. 7.
Feeling: suspicious

Date Time: 2/2/2017 2:00 PM
Five men in the apartment next to me, Apt. 7, and then in the hall immediately outside my door, Apt. 8
loud shouting of obscenities

At 2:00 PM, in the apartment next door to me, several men shouted, jumped up and down, causing
dishes in my kitchen to rattle and shift from place. Then they opened their door and while two stood
immediately outside my door, two or three more ran down to the next stair landing below me. Then
they all began shouting about how their dicks are hard and big and low. This went on for about two
minutes. Then they shouted and laughed about diamonds in teeth and how to clean them. Within the
next few minutes, they all straggled and clomped heavily down the stairs yelling more that I couldn't
distinguish. From my apartment window, I made photos of them‐‐from the back‐‐as they walked west
on Fifth Street.
Feeling: offended and a bit scared, after two of them attempted to open my locked apartment door last
night at 11:14 p.m., while I was home.

Date Time: 2/2/2017 9:49 PM
Party Time at the Hotel apt 7
air b n b
9:11 1 guy went down stairs came back 10 minutes later with girl
9:12 4 guys went up with pizza box
9:15 4 more guys went up
9:47‐ 2 more girls went up
10:00‐ 3 guys leave
Feeling: helpless

Date Time: 2/2/2017 9:00 PM
Building: 231 east 5th st
saw 3 black guys thumping down the stairs from apt 7. definitely not tenants in our bldg.
previously, heard a lot of thumping up & down stairs to & from apt 7 (which is beginning to resemble
grand central station)...
Feeling: distressed...annoyed...

Date Time: 2/3/2017 7:00 PM
5th time there are illegal "hotel guests" in apt 7

the 7 guys left. My neighbor took a photo them standing in the street.
The housekeeper was here today and the new tenants arrived at 6:30, they were having trouble opening
the door. Meanwhile there are 5 girls here for the wknd and 2 guys were with them.

Feeling: pissed off

Date Time: 2/3/2017 8:00 PM
233 East 5th street 4th flr noise all hrs of nt
I see an unopened bottle of whisky, a shopping bag and some plastic cups on the counter. It's possible
there will be a party there tonight. I think this is the "Randy Smith" apt. A few weeks ago there was a
party that went on all night, I woke up at 2am with someone screaming in the street to open the door
and I could hear music and talking on the other side of my bedroom wall till 3:45 am.
Feeling: tired and irritated

Date Time: 2/4/2017 9:45 AM
Building: 231 e 5th street
Door knob on front door was off, couldn't get out of building

This morning I was trying to get out of the building at 9:45 and my neighbor was downstairs, he had just
called Rocky because the door knob was missing and he couldn’t get out. Rocky said someone would
come to open the door. I had to walk the dog in the back yard. Still no Rocky. I called him and he said he
was sending someone and I kind of went off on him about this can’t keep going on, out of control
situation, too many strangers in the building. Then I hung up. Another neighbor came down a few
minutes later and called Rocky from my phone and yelled at him too. Then I realized someone could
buzz down to open the doors.
Feeling: frustrated and pissed off

Date Time: 1/25/2017 6:00 PM
cleaning woman
6pm long sustained buzz. Woman demands "open the door". more buzzing I ask who it is and who do
they want. She yells "let me in". I then hear Evan telling her "it's OK it's apt. 7. No more buzzing. I see
Evan leading an Asian woman upstairs with a large back pack on. Evan on phone "so do you prefer gas or
electric? Probably gas".

thumping sounds upstairs in #7. Evan leaves at 6:45. Lots of constant noise like cleaning, moving things.
9:30pm I see woman struggleing down stairs with several large trash bags, brooms

Feeling: confused

Date Time: 1/27/2017 2:30 PM
Evan ROgan and several women never seen before

Evan goes up to apt.7 at 2pm and leaves after a few minutes
2:30 a young woman with back pack goes up to Apt 7
She goes downstairs at 4:30 and comes back up with 2 other young women with very large backpacks.
6:30pm i see them bringing in more luggage
Lots of thumping around noise.
7:30 i meet them in the hall and ask them to please step more lightly as all the noise comes through very
loud. i ask if they are just here for the weekend and they say "YES"
Feeling: furious

Date Time: 1/29/2017 10:18 AM
observed strangers
saw 3 young women leaving the apt.7 with luggage and backpacks
Feeling: very angry

Date Time: 1/29/2017 4:00 PM
spoke to cleaning woman
lots of banging noise in the hall. i see cleaning woman struggling with brooms, mops, trash bags. I record
her on iphone explaining that she cleaned apt 7 and did the same last weekend

Feeling: annoyed and frustrated

Date Time: 2/1/2017 7:00 PM
strangers in Apt 7

lots of thumping sounds in apt 7 above me. i knocked on their door and recorded young man who
answered saying they were just there for a couple of days. I called 311 reported illegal hotel activity and
illegal conversion of one bdrm to 3 bedroom apt.

Constant stream of young men of all types up and down the stairs 12pm.
Feeling: furious

Date Time: 2/2/2017 11:00 AM
observed strangers

photographed 4 young men leaving the apt. (in hall) without luggage.
at least one still heard upstairs.
quiet briefly then i hear the cleaning lady up there in apt. 7 cleaning.
7pm my neighbor and i meet 5 young ladies moving into apt. 7 for a few days. Two men staying there
apparently too.
Feeling: furious

Date Time: 2/5/2017 9:40 AM

construction in my bldg (common area)
on my way downstairs to teach my class that starts at 10am and i meet two of my neighbors at the door.
Missing doorknob in common area of apt. building so we can't get out. We called Rocky and told him
this has to stop (all the strangers coming and going in the building, making excessive noise and mess in
the halls).
I called 311 a few days later and recorded this.
Feeling: furious

Date Time: 2/10/2017 9:30 AM
Building: 231 East 5th St
Overheard‐‐between DOB Inspector & Evan Rugen in Apt. 7
overheard in hallway outside my apartment
I got a text that there was a DOB car outside our building. Heard footsteps of more than one man up the
stairs. They entered Apt. 7, next door, and stayed for about 8 minutes.
The door to that apartment opened and I heard one man say (in accented English, which I'm mentioning
for identification), "There's this and there's this and there's this." Sounded like he was pointing. Then
Evan Rugen murmured something. Then the same man said, "No, YOU are okay. You are okay." Evan
murmured something long and I couldn't understand what he said.

"No I gonna tell them . . . (the rest was so low‐voiced that I couldn't hear it."

Then a short pause, and then Evan said, "I mean, you can see how old it is."

"Yeah. Yeah.," the DOB mand said. "When did you move in here?"

"February 1," Evan said, very quickly.

Then the footsteps went back down the stairs. That was not true. He has been here since the end of
December, when he introduced hiself to me as my new neighbor, and when Randy Smith told me Evan
had moved in and that he, Randy, was moving into 233 East 5th Street next door.

Feeling: Frustrated, angry. I am afraid that the hotel activity will start all over. I"m sure it can't happen
right now because in the cleanup after the snowstorm, all travel has been pretty much shut down, so
out of towners wouldn't make it here. And yet gratifie

Date Time: 2/10/2017 9:30 AM
DOB inspectors and Evan Rugen overheard in hallway outside my apartment
I forgot one last piece of the overheard dialogue between Evan Rugen and the DOB inspector as he was
leaving Apt. 7 this morning:
When Evan said that he moved in "February 1st" the DOB man answered, "So you know nothing."
Angry frustrated at how Rugen lies and doesn't care about damaging the peace and work life of the
people around him; afraid the hotel activity will start all over

Date Time: 2/11/2017 4:00 AM
Building: 231 East 5th street
6th wknd of illegal short term rentals

At 8:30 Evan Rugen went down to let 3 girls into the building and up to his apt. He hung out with them
for a while and then a 4th girl arrived. I didn't see suitcases.They were loud and annoying till they left at
10 p.m.. At 4 a.m. the 4 strange girls who don’t live in our building came up the stairs and they couldn't
get in with the key. They went back down the stairs and 10 minutes later walked up again. My dog was
barking at the door each time. They spent the night and left at 11a.m. My neighbor took a photo of
them getting into an uber. I have video of them through my peep hole coming down the stairs.
enough already, exahusted

Date Time: 2/11/2017 3:00 PM
Evan came back to apt 7 and didn't have the key
overheard a phone conversation in hall
I heard Evan locked out in front of apt 7 calling the girls who were staying there to find out when they
were returning because he didn't have the key to the apt. He arranged that he would meet them to pick
up.

Date Time: 2/11/2017 12:00 PM
2 young men were being arrested in front of our door middle of day on Saturday.

One of my neighbors told me that when she was coming home at 12 pm in broad daylight the police
were arresting 2 young men in front of our door. She had to ask the police officer if they could move so
she could get into the building. She was frightened especially with all the recent middle of the night
activities in our building.

Date Time: 2/11/2017 4:00 AM
neighbor in apt 4

3:30a.m.‐4:00a.m. For 20 minutes in that time period someone was ringing the buzzer of Apt 4. They
finally rang them in and it was a food delivery guy but they didn't order food, they were scared. They
were up from 4:00am‐6:00am and heard all sorts of foot traffic in the hallway, like a stampede. They
were scared and upset.

Date Time: 2/4/2017 9:00 AM
Building: 231 East Fifth St.
Doorknob to inner door at the entrance of our building was missing. I called Rocky, our super, and
during the day, he arranged for it to be replaced.
concerned for safety

Date Time: 2/11/2017 1:30 PM
Building: 231 East Fifth St.
I saw 2 strange young women come down the stairs and exit the building.
Feeling: uneasy

Date Time: 2/12/2017 3:00 PM
3 girls left building with their knapsacks
hotel guests
Wknd is over, 3 girls left. The other one may have left at 5:30 AM . I have another photo of them leaving
the building. 2 sleepless nights of loud drunk girls coming home 4am. etc And other guests marching up
and down the stairs with them. Now another hotel 7 guest arrived, a guy with a knapsack arrived this
evening.
Feeling: exhausted, hopeless

Date Time: 2/13/2017 1:00 PM
Evan Rugen, Randy Smith and Rocky Delgado (superintendent)
I spoke to Evan outside. I said that steady group of loud weekend "guests" has to stop. It's illegal and
causing great disturbance to all of us. His new tack is (with big smile on his face) that they are his friends
and he is staying there too; with 7 young hooded boys coming and going all night, I asked. Says he
hadn't moved in yet.
Rocky came out of office and conversation continued and i made it clear that the large groups of
different "guests" each weekend in that apartment has to stop. Rocky looked concerned. Evan
continued that he has lots of friends and that he has always wanted to live in this neighborhood and
says he always reminds his "guests" to walk softly.

Feeling: furious

Date Time: 2/15/2017 12:00 PM
rocky & 4 "undertakers"
walked out of the bldg. at noon smack into rocky tour guiding 4 well‐dressed guys with the mien of
"undertakers" into the bldg. luba the super who sees all said they were reps of the prospective buyer
looking at the available apartments. about 10 minutes later I eye‐balled the 4 "undertakers" walking
down e 5th toward bowery talking among themselves. I was too far away to snap a pic of them...
luba the super who sees all also indicated that the deputy assistant brookhill super Damien has already
quit and another of the maintenance gang is planning to quit. she also reported (hearsay?) that rocky
was outside the bldg. "arguing" with a d.o.b. guy last week....8 million stories in the naked city. these
were some of them...
Feeling: creeped out...

Date Time: 2/22/2017 11:00 AM
Building: 231 East 5th
hotel apt 7
air bnb ad
5 people came for a 3 NIGHT STAY IN HOTEL 7. They revealed where they found the ad to my neighbor
who got screenshots and I found the air bnb link and sent it to the AG office, TPU, and Office of Special
Enforcement. The Office of Special enforcement came and questioned the tenants and issued a building
fine (which was removed from the door by Rocky) The listing was removed from the Air bnb website. A
fictitious photo and name was used in the ad.They didn't say it was a 5th flr walkup . When I had check
to see if I could book, there was no availability till May so I 'm sure there will be many disappointed
vacationers.

Date Time: 3/22/2017 11:40 PM
5 strangers in the building
entered Apt. 7, next door to mine
One woman and four men entered the building and are now settling into Apt. 7, the apartment next
door to mine. The alleged occupant of the apartment, Evan Rugen, agent for City Habitats, is not with
them. Since January of this year, short‐term guests have stayed in Apt. 7, for three to five nights each. I
am assuming that this is the case with these guests. They made quite a bit of noise for nearly an hour,
and then settled down and were fairly quiet. I called 311 and registered a complaint about illegal use of
the apt as a hotel.
Stressed‐‐it's a work night, and in the past two and a half months, the steady stream of Evan's 'guests,'
several of whom reported to us that they were renting the space from online listings, have made a lot of
noise and have disrupted my life. It's been

Date Time: 3/24/2017 5:03 PM
Five strangers entered the building
hotel guest activity next door

Five people just entered Apt. 7, the apartment next to mine. The alleged occupant of the apartment,
Evan Rugen, agent for City Habitats, is not with them. I don't know if they are the same people who
were here on the 22nd of March. I don't think so. Since January of this year, short‐term guests have
stayed in Apt. 7, for three to five nights each. I am assuming that this is the case with these guests. I
called in a 311 complaint.

I feel tense and nervous‐‐Because the people are constantly new strangers and because strangers come
in and out of that apartment, I don't know what to expect, don't know if I'll be able to sleep tonight, or if
there will be partying or attempts to enter

Date Time: 3/24/2017 4:00 PM
Really? Apt 7 ? Again?
5 people in hall leaving apt 7
Really? It's the wknd. 5 strangers in our building. Apt 7 is illegal. Realtor is renting to make money. He's
got to go!!!!!

Feeling: pissed off, mad

Date Time: 4/1/2017
East Storefront
stranger
Stranger trying to get into building. Possibly moving into Storefront temporarily with a sewing machine.
He buzzed Neighbors apts to get into building. Shouldn't he have been given a key if he's allowed to
move in?
Feeling: perplexed

Date Time: 4/1/2017 1:00 PM
Building: 231 e 5th st
Rent bill came from Brookhill
Confused. Brookhill still owns building, still sends rent bill, Citi Habitats still their rental agent. Sleeze bag
in Apt 7 still doing shenanigans up there.
Feeling: uneasy

Date Time: 4/3/2017 4:19 PM
Building: 231 e 5 th st
Didn't send $ to receiver and Holding rent
Although we were advised to hold rent or pay receiver, as I read google groups mail, there's a level of
anxiety expressed by various tenants. My only hope is that rafi doesn't go after the tenants who are late
w April payments due to the uncertainty. I'm just tired of all the shenanigans and energy we need to put
out to protect our homes.
Feeling: Anxious

Date Time: 4/3/2017 11:00 PM
Hon. Melvin L Schweitzer, erstwhile Receiver
Sent my April rent check to Receiver hon. Melvin L. Scweitzer on 27 Mar. 2 days later Rafi pulls
bankruptcy move. Receiver subsequently out of the picture. However Schweitzer received my rent
check (certified return) and emailed that he will be providing the names of those who had paid rent to
him to Rafi"s lawyer. That is the latest. Tenants of "Toledano" (?) remain essentially mushrooms. Kept
in the dark & covered with shite.

Feeling: befuddled would be a good word

Date Time: 4/4/2017 3:23 PM
Brookhill Properties 646‐762‐7436 (anonymous)

The phone rang. Caller ID read " Brookhill Properties 646‐762‐7436" and I picked up in the middle of the
third ring and said "Hello."
I could hear someone breathing and I waited.
Within a maybe 5‐10 seconds, they hung up.

Feeling: Annoyed and creeped out. I have not sent in my rent payment since my building went into
foreclosure followed by bankruptcy, and as a result, the temporary receiver we were dealing with told
us he was no longer working with us by order of the judge. I have

Date Time: 2/3/2017 8:00 PM
233 East 5th street 4th flr
noise all hrs of nt
I see an unopened bottle of whisky, a shopping bag and some plastic cups on the counter. It's possible
there will be a party there tonight. I think this is the "Randy Smith" apt. A few weeks ago there was a
party that went on all night, I woke up at 2am with someone screaming in the street to open the door
and I could hear music and talking on the other side of my bedroom wall till 3:45 am.

Feeling: tired and irritated

Date Time: 2/8/2017 1:00 AM
a young, drunken couple ‐ approached on the stoop
At 2:00am, it sounded like someone was coming in our front window.
I jumped out of bed, ran to the window and saw a young man riding on the inside of the fence, facing
the sidewalk, talking with someone else right there.
"Who are you?!" I asked, loudly.
The young man seemed taken aback and said "Who are we?"
"Yes, what are you doing here?!"
At that point, the young woman said "We love your sign! Chicks in Charge!" That's so great! We love it!"
I responded, "Look, we are trying to sleep in here!"
He hopped onto the sidewalk side of the fence and they headed toward 2nd Ave. muttering apologies.
We took the signs out of the window, and Sandy thinks she later heard them say "Oh, the signs are
down!" So they might have come back to look again.
They could just have liked the sign and wanted a closer look.
They could have been trying to take it (if it had been on the outside).
They could have been put up to it by Randy & Evan.
Or they could be someone involved in the bright, blue grafitti tagging of our building that's occurred.
Feeling: Like knocking their young heads together...

Date Time: 2/15/2017 11:00 PM
Four to five people ‐ approached on the stoop
I have witnessed on approximately two separate occasions, two men along with women that appear to
be prostitutes, all carrying open drinks in their hands and being extremely loud in the hallway on their
way to the apartment rented by Randy Smith. On one separate occasion and during the afternoon, a
drunken group passed my daughter and the daughter of our next door neighbor in the hallway. My
daughter reported that the women, that also appeared to be hookers, gave them disdainful,
condescending looks as they passed the landing of our shared front doors where our girls were entering.
Feeling: disgusted

Date Time: 4/2/2017 11:15 AM
Randy Smith ‐ approached on the stoop
Met him in the hallway. He was bringing in some inexpensive furniture to carry up to the 4th floor. He
introduced himself and gave me what sounded like a practiced version of his life story (practiced
because he did the same thing to a neighbor who met him in the building next door a couple of months
ago) ‐‐ divorced, has two little girls, is moving in here now, etc. I know that he's Evan Rugen's partner at
CitiHabitats. Evan has been running the Airbnb next door since January, so I'm highly suspicious of his
partner's presence here now.

Feeling: concerned, suspicious

Date Time: 4/1/2018 12:00 AM
Building: 233 East 5th St.
Randy Smith & Evan Rugen
Came across Randy, Evan & a third person in front of 233 East 5th St. standing by Randy's car. New
Jersey license plate #K74 FRF, which I strongly suspect must be registered to him. It would prove that he
does no live at 233 East 5th, where he only appears sporadically.

Feeling: Like I'd found some good documentary evidence

Date Time: 4/3/2017 1:30 AM
Randy Smith's apt 233 e 5th street

Noisy Late Night Party on a Sunday Night. Went on and on. They had the shade closed in kitchen so I
couldn't see but it was so loud in kitchen area and on the other side of my bed wall. It went on till
around 2:00am. And then I heard Evan Rugen stomping up the stairs in our building at 1:45am. And of
course i get up 7:30 am early for work.

Feeling: tired and pissed off

Date Time: 4/12/2017 4:45 PM
Building: 233 East 5th St.

Randy Smith ‐ saw him twice. Once when I was on the on the 3rd floor landing with the NYC Healthy
Homes inspector and he came down for Apt. 8. He said a friendly hello, and I asked him "You're Randy
Smith, aren't you?" He said yes. I asked him through what company he'd gotten his lease. He said
"Brookhill." and kept going downstairs.

A bit later, when I was going back into my apt., he was re‐entering the building. This time I asked him
what kind of a lease he had ‐‐ how long was it for. He told me that it was a three year lease. I didn't
thank him for the information. I was plainly suspecious of him.

Feeling: angry at the invasion of the fake tenant realtors from CitiHabitats

Date Time: 4/27/2017 12:00 AM
Building: 233 East 5th street
Apt 8 in 233 e 5th street (Randy Smith rental agent)

loud annoyances Thursday night I heard drunken voices at midnight that went on all night long at least
till 3:00 am. Loud sex and music, my bed must be right against the wall of a bedroom. There's a brick
wall between us. I have lived here 40 yrs and never heard this before. I don't think these are people
who live in that apt. Are these overnighters? Air bnb, or charge by the hr? There is no one in the apt all
wk long , maybe one or 2 nts a week. Party time!!! But I don't live in the building so I really don't know
the truth.

Feeling: baffled, sometimes angry, tired

Date Time: 5/4/2017 1:30 AM
Building: 233 E 5th St
Another late night loud trip through hallway and in front of my door
Randy Smith and unknown drunk female carrying glasses with some kind of drink ‐ presumably alcohol ‐‐
loudly climbing stairs and socializing in hall. This activity happens about once a week ‐ now loud music
and party/Sex sounds from upstairs ‐ this is the usual when for how late night 1 ‐ 2 hour visit to 233 E 5th

Feeling: tired ‐ annoyed ‐ fed up

Date Time: 8/8/2018 8:15 PM
I came home in the evening to find Evan Rugen, the illusory tenant/AirBnB practitioner who was
installed in 231 East 5th #7 by Brookhill at the end of 2016, opening the door to 233 East 5th with a key.
Walking in behind him, I asked "You have a key to this building?" He turned, recognized me and did not
answer. He just proceeded up the stairs.

I called out after him "I asked you a question: Do you have a key to this building?" He did not turn
around or stop walking. I caught his eye as he turned at the top of the stairs, and shouted "Answer me,
you little [expletive]!" He kept on walking up to his buddy Randy's party pad in apartment 8.

Feeling: angry

EXHIBIT U
My name is Matthew Abuelo and I’m a former tenant at 345 West 86th ST, a residential building on the
upper west side where several units have long been used illegally for transient guests by the building’s
management.
Often our elevator would be filled with tourists and their bags seven days a week. Since our elevator
which was designed only for residential use, not heavy hauling that happens in commercial hotels so it
broke down on a regular basis. It was not unusual for our neighbours to be kept up till all hours of the
morning by loud and often drunk tourists who are just looking to have a good time.
One particular night my wife and I were coming home when two drunken German tourists stumbled out
of a cab and vomited on the side of the building, then later puked again inside the elevator. On another
occasion, a friend of ours was kept up all night by young Turkish tourists who came in and out of her
section, letting the door slam behind them. Since they didn’t have the section door key, they banged on
that door unit our friend got up to let them in. There were many weekends like this when our friend was
constantly deprived of sleep with loud groups of kids coming and going.
The management made so much more money using their building as an illegal hotel than they did as a
rental, the long term, legal tenants were being harassed out of their homes by the workers. We had to deal
with everything from the theft of mail to the neglect of common maintenance which is paramount to
keeping the building safe. One example of this was that they let the drains in the roof clog with debris and
the entire back section of the building flooded. A family visiting from Europe across the hall wound up
ankle deep in water. My wife and I helped the wife get her things out of the section.
There were several instances where tenants were assaulted by management when something needed to be
fixed. In short, the legal residents were treated like third class citizens at best and at worst, like vermin.
Perhaps the worst of experiences in having illegal hotels running in one’s building is the feeling that one’s
home is not their own; that it suddenly feels unsafe. Out of town visitors coming and going have little
regard for tenants’ quality of life. Why should they? They’re just here to have a good time.
Sincerely
Matthew Abuelo
(646) – 400-8194
EXHIBIT V
September 30, 2018
To Whom It May Concern:
I am writing on behalf of the few permanent tenants left at the Imperial Court on West 79th Street in Manhattan.
For years we heard the horror stories of small buildings being used as short-stay hotels; tenants being run out,
harassed or evicted so that landlords could profit from this new crime called “home-sharing.” The stories were
not to be believed, until it happened to us.
After several years of illegal renovations, which including combining units, installing hotel-style doors, and
building a ten story refuge chute, our landlord and his agents began to rent units nightly. They weren’t even
discreet about it. The name of the building was changed from “Imperial Court” to “Imperial Court Hotel.” An
ATM was installed in the lobby, as was a Concierge desk. Maids shouting into walkie-talkies took over the
elevators and the laundry room.
And then the harassment began. Vulnerable tenants were told they had to leave. Some did. Some were taken to
court on erroneous charges like “non-payment of rent”, and “non-primary residence.” I myself was accused of
both. The lawyers sought adjournments for years until a judge finally threw my cases out when the landlord’s
lawyers just didn’t show up. Representatives from the city then showed me photos of Imperial Court employees
in my apartment when I wasn’t there, photos the building manager took himself.
The building was no longer a home. It was a hotel - 200 permanent tenants were now 40. There was no quiet, no
routine, no cleanliness, and no safety. Transients were new every week, sometimes every day. There was no
way of knowing who was in the room next to you. But one thing was clear: they were not there to find peace in
New York City. Tourists came and went at all hours, blasted music and television. They disrespected our public
kitchens and bathrooms. The hallways reeked of cigarettes and pot. Trash piled up in the hall attracting roaches
and mice. The common areas were monopolized by a parade of sightseers and take-out delivery people. There
were fights, robberies, instances of prostitution and drug use, sexually explicit propositions. And any requests
for quiet or maintenance were met with the condescending ‘New York is noisy and dirty, get over it’ remarks,
even after the ceiling collapsed in the 6th floor bathroom. Many of us thought of leaving, but not all of us could
afford to, so we fought back.
It took years for the city to help us get this property; a rent stabilized single room occupancy building, under
control. The landlord is permitted to rent the empty units but said, “We’re billionaires and we can afford to keep
this building empty for the rest of my grandchildren’s life and it will not affect our financial lifestyle one bit.”
Profiteers like my landlord seek to compromise the safety of my fellow tenants and me in order to add millions
to their alleged billions, using airbnb as a shield. This city is full of buildings designed and zoned for transient
use. Apartments should be safe, affordable, and available to the citizens of the city. I am filled with pride that
the legislators of New York are standing with their constituents. This isn’t a matter of privacy for us; it’s a
matter of security.
New York is where we live. We accept that we share the streets, subways, theatres, and restaurants with
millions of residents and visitors. But Imperial Court is our home. We don't think we should be expected to
share it with strangers. We are honest, hardworking citizens who shouldn't have to sacrifice our peace of mind.
Thank you,
Richard Amelius

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Case 1:18-cv-07712-PAE Document 43-1 Filed 10/01/18 Page 1 of 10

UNITED STATES DISTRICT COURT

Plaintiff, 18 Civ. 7712 (PAE)

THE CITY OF NEW YORK,

CITY OF NEW YORK,

DECLARATION OF STATE SENATOR

LIZ KRUEGER, being duly sworn, deposes and says:

significantly exacerbated by the conversion of thousands of permanent residential apartments into

illegal short-term rentals for visitors.

2. I make this declaration as part of my application to submit a brief as amicus curiae

regarding-requiring-short-term-rental (last visited September 28, 2018).

3. Given my prior experience and current position, I possess an extensive

frequently referred to as New York State's "lilegal Hotel Law."

directly affected by illegal hotels operating in their buildings.

Special Enforcement ("OSE") to issue fines based on such advertisements.

limited housing 'stock.

housing, public safety, and communities remain the same.

8. The proliferation of illegal hotel operations has removed tens of thousands of

staff are too busy taking care of short-term rental operations.

to gain access for inspections.

illegal hotel activity in my district is conducted by building owners, or by third-party operators

prohibiting short-term rentals and want them to be more tightly enforced.

or contractual ownership agreements and open themselves up to serious repercussions. This is a

address complaints and conduct proactive enforcement is significantly limited..

removing thousands of units from the housing market.

Dated: October 1, 2018

UNITED STATES DISTRICT COURT

Plaintiff, 18 Civ. 7712 (PAE)

THE CITY OF NEW YORK,

CITY OF NEW YORK,

DECLARATION OF NEW YORK STATE SENATOR BRAD HOYLMAN

BRAD HOYLMAN, being duly sworn, deposes and says;

HomeAway, to regularly report to the City a limited amount of transactional information

than any other in the State Senate.

3. Average monthly rents in neighborhoods with a high number of Airbnb listings

and other more serious crimes.

disproportionate impact on communities of color.

AirBnbs throughout my district. In one instance an individual was illegally converting

while he received cancer treatment, was sleeping in a bed in the kitchen.

Dated: September 28, 2018

UNITED STATES DISTRICT COURT

THE CITY OF NEW YORK,

1. I am the Borough President of the Borough of Manhattan. Immediately prior to

2. Because of my commitment to preserving affordable housing and protecting the

visitors to the city.

homeless to housed less and less possible.

with a shared interest in building security and safety.

are home to permanent residents.

short-term rental of residences.

short-term rental of residential dwellings. We were aware ofthe difficulty involved in

rentals: the field being the web platforms themselves.

constituents. It should not be barred, nor its implementation delayed.

11. I urge the Court to deny the Plaintiffs' motion.

UNITED STATES DISTRICT COURT

Plaintiff, 18 Civ. 7712 (PAE)

THE CITY OF NEW YORK,

CITY OF NEW YORK,

DECLARATION OF STATE ASSEMBLY MEMBER

short-term rentals in New York City.

Multiple Dwelling Law ("MDL") §4(8).

on their website that did comply with the MDL.

intrusion into their lives is both unwelcome and unwanted.

individual tenants in buildings citywide.

activity would grow and conditions in her building would deteriorate.