Airbnb

FILED: QUEENS COUNTY CLERK 06/19/2019 09:28 AM INDEX NO.
710662/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2019
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS
____________________________ ._______________________
THE CITY OF NEW YORK, Index No. /2019
Plaintiff,
SUMMONS
-against-
ELVIS TOMINOVIC; ROMINA TOMINOVIC;

LORETA TOMINOVIC; FRANKO TOMINOVIC;
SANJA A/K/A SANYA COLIC; SUZANA COLIC;
DRAGAN MAVRA; NEO PANAYIOTOU;
RESS SERVICES INC.; 31-27 14 STREET REALTY LLC;
47-15 28 AVENUE REALTY LLC; ISTRA JAZZ INC.;
DOE" DOE,"
R & S LIVING INC.; and "JOHN and "JANE
numbers 1 through 20, fictitiously named parties, true names
unknown, the parties intended being the managers or

operators of the business being carried on by Defendants,
and any person claiming any right, title or interest in the real
property which is the subject of this action,
Defendants.
_________------------------------------------------------
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED TO ANSWER the Verified Cc.mplaint in this action
and to serve a copy of your answer on the Plaintiff CITY OF NEW YORK within twenty (20) days
after the service of this Summons, exclusive of the day of service, or within thirty (30) days after
service is complete if this Summons is not personally delivered to you within the State of New
York. In case of your failure to appear or answer, judgmcat will be taken against you by default for
the relief demanded in the Complaint.
The basis of the venue designated is the residence of the Plaintiff and the county in
which most of the properties affected by this action are located. Plaintiff designates Queens County
as the place of trial.
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FILED: QUEENS COUNTY CLERK 06/19/2019 09:28 AM INDEX NO. 710662/2019
Dated: New York, New York
June 19, 2019
RICHARD HENDRIX
Special Assistant Corporation
Mayor's Office of Special

4th
22 Reade Street, Floor
New York, NY 10007
Tel.: (212) 416-5492
Email: rhendrix@ose.nyc.gov
TO:
INDIVIDUAL DEFENDANTS:
Elvis Tominovic
25-54 48th Street, Apt. IA
Astoria, NY 11103-1175
Romina Tominovic
Law Office of Block O'Toole and Murphy

One Penn Plaza, #5315
New York, NY 10119
Franko Tominovic
25-54 48th Street, Apt. 1A
Loreta Tominovic
25-54 48th Street, Apt. IA
25th
42-09 Avene
Suzana Colic
25-54A 48th Street, Apt. 1A

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NY 11103-1175
Neo Panayiotou
22-80 Steinway Street
Astoria, NY 11105
CORPORATE DEFENDANTS
Ress Services Inc.

11 Parkway Drive
Syosset, NY 11791
31-27 14 Street Realty LLC

31-27 14 Street
Long Island City, NY 11106
47-15 28 Avenue Realty LLC

47-15 28th Avenue
Astoria, NY 11103
IstraJazz, Inc. a/k/a Istra Jazz, Inc.

C/O C T Corporation System
28 Liberty Street
New York, NY 10005
R & S Living Inc.

C/O Romina Tominovic
55-23 31 Avenue, Apt. 2F
Woodside, NY 11377
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS
-----------------------------------------------------------------------
THE CITY OF NEW YORK, Index No.___________/2019
Plaintiff,
VERIFIED COMPLAINT
-against-
ELVIS TOMINOVIC; ROMINA TOMINOVIC;

LORETA TOMINOVIC; FRANKO TOMINOVIC;
SANJA A/K/A SANYA COLIC; SUZANA COLIC;
DRAGAN MAVRA; NEO PANAYIOTOU;
RESS SERVICES INC.; 31-27 14 STREET REALTY LLC;
47-15 28 AVENUE REALTY LLC; ISTRA JAZZ INC.;
R & S LIVING INC.; and “JOHN DOE” and “JANE DOE,”
numbers 1 through 20, fictitiously named parties, true names
unknown, the parties intended being the managers or
operators of the business being carried on by Defendants,
and any person claiming any right, title or interest in the real
property which is the subject of this action,
Defendants.
-----------------------------------------------------------------------
Plaintiff, THE CITY OF NEW YORK, by its attorney, ZACHARY W. CARTER,
Corporation Counsel of the City of New York, for its complaint against defendants, alleges as
follows, upon information and belief:
INTRODUCTION
1. Plaintiff, the City of New York (the “City”) brings this action to shut down the illegal and
hazardous transient (less than 30 consecutive days) hotels and hostels that the defendants have
been advertising on multiple websites and have been operating in at least 36 residential
properties in the Astoria and Ridgewood sections of Queens, in Manhattan and the Bronx
(hereinafter collectively the “Subject Buildings):
a. 11-15 30th Drive, Astoria, NY – a three-family multiple dwelling in a general

residential district;
b. 12-10 31st Drive, Astoria, NY – a three-family multiple dwelling in a general
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c. Acropolis Building1 21-06 35th Street, Astoria, NY – a multiple dwelling in a

general residential district;
d. Acropolis Building 21-15 33rd Street, Astoria, NY – a multiple dwelling in a
e. Acropolis Building 21-16 35th Street, Astoria, NY – a multiple dwelling in a
f. Acropolis Building 21-27 33rd Street, Astoria, NY – a multiple dwelling in a
g. Acropolis Building 21-37 33rd Street, Astoria, NY – a multiple dwelling in a
h. Acropolis Building 21-38 35th Street, Astoria, NY – a multiple dwelling in a
i. Acropolis Building 21-47 33rd Street, Astoria, NY – a multiple dwelling in a
j. Acropolis Building 21-48 35th Street, Astoria, NY – a multiple dwelling in a
k. Acropolis Building 21-77 33rd Street, Astoria, NY – a multiple dwelling in a
l. 25-21 Steinway Street, Astoria, NY – a four-family multiple dwelling in a general
m. 25-51 Crescent Street, Astoria, NY – a two-family private dwelling in a general
n. 25-54 48th Street, Astoria, NY – a two-family private dwelling in a general
o. 25-54A 48th street, Astoria, NY – a three-family multiple dwelling in a general
p. 25-58 48th Street, Astoria, NY – a two-family private dwelling in a general
q. 29-09 21st Avenue, Astoria, NY – a one-family private dwelling in a general
r. 30-63 Steinway Street, Astoria, NY – a two-family private dwelling in a general
commercial district;
s. 30-80 Crescent Street, Astoria, NY – a two-family private dwelling in a general
t. 31-27 14th Street, Astoria, NY – a two-family private dwelling in a general
u. 32-50 45th St, Astoria, NY – a one-family private dwelling in a general
v. 38-21 27th Street, Astoria, NY – a two-family private dwelling in a special mixed
use district;
1 The following 16 Acropolis Buildings in Astoria, NY are all permanent residential multiple dwellings with
approximately 40 apartments in each building: (1) 21-00 35th Street; (2) 21-05 33rd Street; (3) 21-15 33rd Street;
(4) 21-16 35th Street; (5) 21-27 33rd Street; (6) 21-28 35th Street; (7) 21-37 33rd Street; (8) 21-38 35th Street; (9)
21-47 33rd Street; (10) 21-48 35th Street; (11) 21-57 33rd Street; (12) 21-58 35th Street; (13) 21-67 33rd Street;
(14) 21-68 35th Street; (15) 21-77 33rd Street; and (16) 21-78 35th Street.
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w. 47-15 28th Avenue, Astoria, NY – a two-family private dwelling in a general

x. 517 Onderdonk Avenue, Ridgewood, NY – a four-family multiple dwelling in a
y. 19 West 69th Street, New York, NY – a 14-story multiple dwelling with more
than 80 apartments;
z. 25 Hamilton Terrace, New York, NY – a four-story multiple dwelling with about
eight apartments, all of them rent-stabilized;
aa. 53 West 127th Street, New York, NY – a three-story multiple dwelling with about
6 apartments;
bb. 91 East 208th Street, Bronx, NY – a five-story multiple dwelling with about 65
apartments;
cc. 101 West 143rd Street, New York, NY – a six-story multiple dwelling with about
20 apartments;
dd. 300 East 50th Street, New York, NY – a four-story multiple dwelling with about
22 apartments;
ee. 302 East 38th Street, New York, NY – a five-story multiple dwelling with about
20 apartments;
ff. 404 West 145th Street, New York, NY – a four-family multiple dwelling in a
gg. 530 West 136th Street, New York, NY – a six-story multiple dwelling with about
37 apartments;
hh. 577 2nd Avenue, New York, NY – a six-story multiple dwelling with about five
apartments;
ii. 730 Saint Nicholas Avenue, New York, NY – a two-family private dwelling in a
general residential district; and
jj. 1571 Lexington Avenue, New York, NY – a six-story multiple dwelling with
about 33 apartments.
2. The deceptive advertisement and lucrative operation of these illegal and hazardous
transient hotels and hostels since at least 2015 is being done by and through the following 13
individuals and entities defendants: (1) Elvis Tominovic, (2) Romina Tominovic, (3) Franko
Tominovic, (4) Loreta Tominovic, (5) Suzana Colic, (6) Sanja a.k.a. Sanya Colic, (7) Dragan
Mavra, (8) Neo Panayiotou, (9) Ress Services Inc., (10) 31-27 14 Street Realty LLC, (11) 47-15
28 Avenue Realty LLC, (12) IstraJazz, Inc. a/k/a Istra Jazz, Inc., and (13) R & S Living Inc.
(hereinafter collectively “Defendants”).
3. Defendants have collaborated and conspired with each other, as well as with other
unnamed defendants, in a wide-ranging operation to profit from illegal short-term rentals that
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have converted dozens of permanent residential dwelling units into de facto hotels, and misled
thousands of transient guests into booking such unlawful and unsafe accommodations.
4. Such illegal short-term rentals deceive consumers, most of them visitors to New York
City, and create dangerous fire and safety conditions for them and for neighboring residents.
Moreover, such illegal short-term rentals damage neighborhood stability by reducing the supply
of safe and affordable permanent housing units.
5. To thwart the City’s enforcement efforts, Defendants not only coach the transient guests
to lie about their stays, but they have also misleadingly instructed transient guests to deny access
for inspections and to refuse answering the inspectors’ questions, with the goal of: “Let’s keep
Airbnb alive!”
6. The City’s investigation and inspections over the years have revealed numerous
permanent dwelling units in Queens and Manhattan offered and advertised through on-line
platforms such as www.Airbnb.com (“Airbnb”), www.Booking.com (“Booking.com”), and
www.Homeaway.com (“HomeAway”) for rent by Defendants for less than the 30 days, though
none of these advertisements disclosed that the transient occupancy is both illegal and unsafe.
7. Specifically, from 2015 to 2019, Defendants have advertised illegal short-term rentals
through approximately 211 Airbnb listings, created by 28 separate Airbnb host accounts, and
have accepted over 20,000 illegal short-term rental reservations, thus misleading over 59,000
transient guests while generating over $5 million in revenue.
8. Defendants’ deceptive illegal short-term rental operation’s revenue and transactions
through Airbnb increased significantly over time. In 2015 Airbnb disbursed half a million
dollars in revenue to the Defendants, generated from nearly 2,000 transactions; in 2016, just over
one million dollars in revenue was generated from 4,000 transactions; in 2017, Airbnb disbursed
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two million dollars in revenue from approximately 7,000 transactions to the Defendants; and in
2018, one and a half million dollars was disbursed from 7,000 transactions.
9. Not only did Defendants use a series of shared and connected bank accounts to receive
their illegal short-term rental revenue through Airbnb, they have created many Airbnb listings
and host accounts through shared telephone numbers or IP addresses. For example, 3,250 illegal
short-term rental transactions totaling almost $890,000 were processed through Airbnb host
accounts bearing names such as “Julie Sanchez,” “Bloz Rajkovic,” and “Sonia Colik,” yet this
illegal short-term rental revenue was made directly payable to Defendant Elvis Tominovic.
10. Moreover, telephone number -2707, which belongs to Defendants Elvis
Tomonovic and Suzana Colic, was also provided as contact information for separate Airbnb host
accounts, while Defendants Loreta Tominovic, and IstraJazz, Inc. received illegal short-term
rental revenue. Likewise, telephone number -9938 was provided to Airbnb transient
guests by Defendants Elvis Tominovic, Loreta Tominovic, 31-27 14th Street Realty LLC, and
47-15 28 Avenue Realty LLC for their illegal short-term rental operation.
11. Defendants’ deceptive on-line advertisements contained neither disclosure about the
illegality of the listing, nor potential safety hazards posed by such unlawful short-term rentals.
Instead, the Airbnb listings have appealing titles such as “Big Wonderful NYC Apt in Astoria”
(Airbnb Listing ID No. 6706788, advertising an apartment at 25-58 48th Street, a three-story
building owned by Defendant Elvis Tominovic, for $130 per night); “Blue Collar Apt in Cool
Astoria NYC” (Airbnb Listing ID No. 7638133, advertising an apartment at 31-27 14th Street, a
two-story building owned by Defendant 31-27 14 Street Realty LLC, for $60 per night); or “Big
Gorgeous Room for Rent with 2 Closets Astoria” (Airbnb Listing ID No. 22318500, advertising
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a single room for up to four guests at 47-15 28th Avenue, a three-story building owned by
Defendant 47-15 28 Avenue Realty LLC, for $90 per night).
12. The City’s investigation is based on two and a half years of inspections in response to
public complaints, and inquiries into information offered by members of the public, as well as
extensive research using records provided through a subpoena of Airbnb to supplement the
City’s own searches of internet platforms.
13. Since November 2016, the City has issued at least 59 transient occupancy-related
building and fire-related violations, based on illegal hotels and hostels being operated by
Defendants in 12 of the 36 Subject Buildings. In addition, the City has issued 11 OSE
advertising summonses.
14. Furthermore, the New York City Department of Buildings (“DOB”) has issued three
partial vacate orders due to the “imminent danger to life or public safety” resulting not only from
Defendants unlawfully converting permanent residences to short-term rentals without the requisite
fire safety protections measures (fire alarms, automatic sprinklers, and two means of egress), but
also from overcrowding caused by Defendants illegally subdividing rooms, placing an excessive
number of beds in each room, and installing key-locking devices on internal doors to block access to
other parts of the dwelling units. For example, an inspection at 12-10 31st Drive on May 3, 2019,
uncovered that Defendants had illegally converted a three-family dwelling into 12 separate hotel
rooms, four rooms on each of the three floors, equipped and arranged with a total of 24 beds for
nightly rentals.
15. The City seeks to enjoin Defendants from committing further deceptive trade practices in
their marketing and operation of illegal transient accommodations to foreign and domestic
tourists in New York City; to compel Defendants to pay in court all monies, properties, and other
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proceeds thereof received as a result of such deceptive trade practices, and to be paid, in whole
or in part, as restitution to aggrieved consumers; to enjoin the public nuisance created by
Defendants’ unlawful and hazardous hotel and hostel operations; and to obtain monetary civil
penalties and compensatory and punitive damages.
16. The City brings this action pursuant to and by authority of New York General City Law §
20; New York City Charter § 394; New York City Administrative Code (“Admin. Code”) § 20-
703 (the enforcement of the Consumer Protection Law of 1969, Title 20, Chapter 5, Subchapter
1, § 20-700 et seq.) (“Consumer Protection Law”); New York Multiple Dwelling Law (“MDL”)
§ 306; and pursuant to the common law doctrine of public nuisance.
17. The City brings this action because Defendants have repeatedly committed deceptive
trade practices against tourists and other visitors seeking short-term accommodations in New
York City, by implicitly holding themselves out as engaging in a legal hotel business when in
fact they are conducting a business which places tourists and visitors in illegal occupancies and
exposes them to serious fire and building safety risks.
18. The City also brings this action because of the public nuisance being maintained by
Defendants, caused by (1) illegally renting permanent residential dwelling units to numerous
transient occupants without those dwellings having the more stringent fire and safety features
required in buildings legally designed to serve transient occupants; (2) creating significant
security risks in and about multiple dwellings not staffed to handle the security issues associated
with transient occupancy, and causing a degradation in the quiet enjoyment, safety, and comfort
of the surrounding residents and neighborhood by noise, filth, and the excessive traffic of
unknown and constantly changing individuals entering places of abode or neighboring
properties; and (3) eliminating numerous dwelling units intended for permanent residential
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housing for the public within New York City. The conditions in the buildings in which those
units being used for short-term accommodations are situated, as well as within the areas
surrounding those buildings, negatively affect the health, safety, security, and general welfare of
the residents of the City of New York and its visitors.
GENERAL BACKGROUND
A. The Mayor’s Office of Special Enforcement and Illegal Short-Term Rentals in the
City
19. The Mayor’s Office of Special Enforcement (“OSE”) is a governmental entity established
by the City through Mayoral Executive Order No. 96 of 2006 to address quality of life issues
citywide, including illegal hotels, lawless clubs and adult establishments, and trademark
counterfeiting bazaars.
20. To accomplish its duties, OSE oversees and conducts joint investigations and joint
inspections with various City agencies to bring unsafe real property conditions into compliance
with the law. When individuals and entities fail to remedy the violating conditions for an
extended period of time through administrative enforcement mechanisms, the City seeks
remedies in court to compel compliance and halt flagrant violations.
21. Through Mayoral Executive Order No. 22 of 2016, OSE is further tasked with enforcing
unlawful advertising of illegal occupancy in multiple dwellings.
22. Tourists and other visitors to New York City have been increasingly enticed by
misleading on-line advertisements for short-term “hotel” or “hostel” accommodations located
within buildings designed for permanent residency. Many of these visitors are thus unwittingly
led to book accommodations that are not only illegal, but also pose a heightened risk to their
health and safety, as well as to the health and safety of the lawful residents of those buildings.
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23. A business that misleads consumers by purveying illegal and unsafe consumer goods or
services without any indication that they are not legal or safe, commits a deceptive trade practice
prohibited by federal, state, and local consumer protection laws, including the Consumer
Protection Law.
24. Moreover, the advertising and booking of transient accommodations in buildings where
such accommodations are illegal and unsafe creates a public nuisance under the common law.
The common law has long recognized that conditions or practices which endanger or injure the
property, health, safety or comfort of a considerable number of persons constitute a public
nuisance, which affects not only tourists and visitors to New York City, but also those who
reside in and around the residential buildings which are being illegally used as hotels.
25. The neighborhoods of Northwestern Queens, including Astoria, – where 24 of the 36
Subject Buildings are located – are celebrated for their easy access to public transportation,
numerous and diverse restaurants, parks, proximity to the waterfront, and a relaxed pace. These
same characteristics have increasingly made the area very attractive to short-term renters through
Airbnb and other platforms that promote illegal transient rentals.
26. Over the last four years, Airbnb listings and reservations have more than doubled in
Astoria, from 435 in mid-2015 to 937 in 2019. Based on an Airbnb subpoena production
received in April/May 2019, OSE estimates that as many as 450 permanent housing units in
Astoria are now converted nearly year-round for short-term rentals. Meanwhile, renters in
Astoria have faced increases of nearly 30 per cent in median rent, from $1,700 per month in
2010 to $2,200 in 2018.
27. New York City government continually receives complaints from many sources – calls to
“311”, letters and emails from the public, communications from elected officials and community
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groups – regarding strangers wandering around their building, excessive noise, overflowing
trash, vomit and cigarette smoke in hallways, increased risk of fire, fighting, drugs, prostitution,
and elevators or laundry equipment damaged by constant traffic and excessive usage by the
tourists.
28. Notwithstanding occupancy and safety rules prohibiting such use, permanent residential
dwelling units, both in apartment buildings and one-and-two-family homes located throughout
New York City, are increasingly being utilized as transient occupancy units for tourists and other
short-term occupants. The practice has been abetted by the phenomenal growth of the internet
travel industry, at a time when available housing accommodations for the residents of New York
City remain at historically low levels.2
29. The spread of illegal transient occupancies, which some observers in New York City
have termed an “epidemic,”3 creates a number of serious problems for the City:
(1) a growing number of complaints from tourists who book accommodations

over the internet, in most cases responding to advertisements unaware that rooms
are being offered in violation of the law, only to find that the accommodations are
in buildings parading as “hotels” or “hostels” which often lack the barest
essentials that short-term guests would normally expect;
(2) serious safety hazards, in particular with regard to fire protection, as code
requirements for permanent residency buildings are not nearly as stringent as
those for units and buildings geared to transient occupancy, but also with regard
to severe overcrowding;
2 The City’s “acute shortage of dwellings” has created an affordable housing crisis that is a “serious public
emergency.” See Emergency Housing Rent Control Law § 1, codified as N.Y. Unconsol. Law Ch. 249, § 1 (Lexis
2016) (making these legislative findings in establishing rent control system). See also Local Emergency Housing
Rent Control Act § 1(2), codified as N.Y. Unconsol. Law Ch. 249-A, § 1(2) (Lexis 2016), Emergency Tenant
Protection Act of Nineteen Seventy-Four § 2, codified as N.Y. Unconsol. Law Ch. 249-B, § 2 (Lexis 2016) (making
identical legislative findings in establishing successor rent stabilization systems); and Bucho Holding Co. v.
Temporary State Housing Rent Comm., 11 N.Y.2d 469, 473 (1962) (“The existence of an emergency justifying
continued control of rents in the areas here involved may not, and indeed is not, denied”).
3 “Hey, Wanna Rent My Couch; Short-term rentals have officially become illegal – and sneaking around the law has
officially become epidemic,” by S. Johanna Roebeldo, New York, November 27, 2011.
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(3) a burgeoning number of transient occupants, inter-mixed with permanent

residents, whose presence poses security risks in buildings not equipped to handle
the security problems associated with transient occupancy, as well as a
degradation of quality of life for those residents in the buildings and for those in
the surrounding neighborhood;
(4) faster and more substantial increases in rent, as well as harassment of

permanent residents by owners who seek to evict those tenants illegally in order
to pursue a more lucrative transient market; and
(5) an illegal siphoning off of a significant portion of the city’s housing stock,
occurring most acutely in the affordable housing stock sector.
30. Because of these deleterious effects on the City’s housing market, and the safety concerns
for its residents, tourists, the general public and emergency response personnel, illegal hotel
operations are a point of vital concern to the City in fulfilling its duty to protect New Yorkers’
quality of life.
B. The 2010 and 2016 MDL Amendments Related to Unlawful Transient Occupancy
31. To begin to address this situation, the New York State Legislature enacted Chapter 225 of
the Laws of New York State of 2010 (“Chapter 225”). Chapter 225, which went into effect on
May 1, 2011, unambiguously prohibits renting any unit in “Class A” multiple dwellings, as
defined under the MDL and the New York City Housing Maintenance Code (“HMC”), for less
than 30 days.
32. Before the enactment of Chapter 225, the MDL and HMC provided that Class A multiple
dwellings were to be “occupied, as a rule, for permanent residence purposes.” MDL § 4(8),
NYC Admin. Code § 27-2004.a.8(a). In January 2009, the First Department, contrary to long-
held administrative understanding, construed the term “as a rule” to mean that owners of Class A
buildings could rent up to half of their rooms for “nonpermanent or transient occupancy,” so long
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as the majority of the rooms were rented for longer than 30 days. See City of N.Y. v. 330
Continental LLC, 60 A.D.3d 226, 230-31 (1st Dept. 2009).4
33. The Legislature enacted Chapter 225 in response to the 330 Continental Court’s decision,
amending the MDL and other related laws to make clear, among other things, that the rental of
any unit in a Class A building for less than 30 days is prohibited. Chapter 225 became effective
May 1, 2011. The legislative justification for Chapter 225 was explained by the law’s sponsor:
The Multiple Dwelling Law and local Building, Fire and Housing
Maintenance Codes establish stricter fire safety standards for
dwellings such as hotels that rent rooms on a day to day (transient)
basis than the standards for dwellings intended for month to month
(permanent) residence. There are substantial penalties for owners
who use dwellings constructed for permanent occupancy (Class A)
as illegal hotels. However, the economic incentive for this
unlawful and dangerous practice has increased, while it is easier
than ever to advertise illegal hotel rooms for rent to tourists over
the internet. This is especially so in New York City, which is
attracting visitors and tourists from around the world in record
numbers. In most cases tourists responding to such advertisements
are unaware that the rooms are being offered in violation of the
law. Not only does this practice offer unfair competition to
legitimate hotels that have made substantial investments to comply
with the law but it is unfair to the legitimate “permanent”
occupants of such dwellings who must endure the inconvenience
of hotel occupancy in their buildings and it decreases the supply of
affordable permanent housing. It endangers both the legal and
illegal occupants of the building because it does not comply with
fire and safety codes for transient use. Recently, law enforcement
actions against illegal hotels have been hindered by challenges to
the interpretation of “permanent residence” that enforcing agencies
have relied on for decades.
See New York State Assembly Memorandum in Support of Legislation (S. 6873-B, 233rd Leg.
(N.Y. 2010 (Sponsor’s Memo) Bill No. A10008).
4 330 Continental was settled after the Legislature enacted Chapter 225, with the defendants agreeing to a
permanent injunction against managing their properties as “illegal hotels,” and to pay the City $600,000.
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34. As a further step to address this issue, the Legislature amended the MDL and the Admin.
Code in 2016 to expressly prohibit advertising the use or occupancy of dwelling units in Class A
multiple dwellings for other than permanent residence purposes (i.e., short-term rental for less
than thirty days).
35. The law’s sponsor explained the justification for adding a new Section 121 to the MDL
and a new Article 18 to subchapter three of chapter one of title twenty-seven of the Admin. Code
(i.e., Admin. Code § 27-287.1) as follows:
In 2010, in the face of an explosion of illegal hotel operators in single

room occupancy buildings in New York City, New York State clarified
and strengthened the laws regarding transient occupancy in class A
multiple dwellings. Now, with the proliferation of online home sharing
platforms that allow users to advertise their apartments for use that
directly violates New York State’s “illegal hotels” law, the purpose of the
“illegal hotels” law is at risk of being undone.
While it is already illegal to occupy a class A multiple dwelling for less

than 30 days, this legislation would clarify that it also illegal to advertise
units for occupancy that would violate New York law. However, online
home sharing platforms still contain advertisements for use of units that
would violate New York law. It rests with the city and state to protect
communities and existing affordable housing stock by prohibiting
advertisements that violate the law, creating a civil penalty structure for
those who violate the prohibition, and clarifying activities that constitute
advertising.
New York State Senate Memorandum in Support of Legislation (A. 8704C, 239th Leg. (N.Y.
2016 (Sponsor’s Memo) Bill No. S6340A) (emphasis added).
36. The advertising, maintenance and operation of properties for short-term transient use
deceives consumers, where such use is prohibited and unsafe. It also creates a public nuisance
by endangering or injuring the property, health, safety and comfort of residents in those
buildings, residents in surrounding areas, and tourists and visitors to the New York City.
C. Pursuant To The New York City Building Code (“Building Code”) One-And-Two-
Family-Dwellings Are To Be Used “Exclusively For Residence Purpose On A Long-
Term Basis For More Than A Month At A Time”
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37. Just as Class A multiple dwellings should be occupied as permanent residences, one-and-
two-family-dwellings should be occupied as permanent residences (30 days or more) as well.
38. Buildings and structures are classified under the Building Code as to their lawful use and
occupancy. Pursuant to Building Code § 310.1, buildings designed for residential occupancy are
divided into “Residential Group R” occupancy categories.
39. Building Code § 310.1.3 defines Group R-35 as follows:
This occupancy shall include buildings or portions thereof

containing no more than 2 dwelling units, occupied, as a rule, for
shelter and sleeping accommodation on a long term basis for a
month or more at a time, and are not classified in Group R-1, R-2
or I6. This group shall include, but not be limited to, the following:
Convents and monasteries with fewer than 20 occupants in the building

Group Homes
One-and-two-family dwellings, including the following:
1. Dwelling units where the resident of the unit

provides custodial care to no more than four persons
on less than a 24-hour basis and not overnight.
2. Dwelling units where the resident of the unit

provides child custodial care as a family day care
home registered with the New York City
Department of Health and Mental Hygiene.
(emphasis added)
40. Pursuant to Building Code § 310.2, an one-family dwelling is defined as follows:
Any building or structure designed and occupied exclusively for

residence purposes on a long-term basis for more than a month at a
time by not more than one family.
5 Prior to the 2008 Building Code, residential occupancies were defined as Group J. “J-3,” the occupancy group
noted on the C of O, included one- and two-family dwellings, and, is equivalent to R-3.
6 Institutional Group I is the occupancy group that includes various residential institutions. It is set forth in BC
Section 308.
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(Emphasis added.)
41. Similarly, pursuant to Building Code § 310.2, a two-family dwelling is defined as
follows:
Any building or structure designed and occupied exclusively for

residence purposes on a long-term basis for more than a month at a
time by not more than two families.
(Emphasis added.)
42. Building Code § 310.2 also defines “transient” as “occupancy of a dwelling unit or
sleeping unit for not more than 30 days.”
43. Lastly, HMC § 27-2078 provides strict rental limitation of “not more than two boarders,
roomers or lodgers” staying with a family.7
D. The Consumer Protection Law
44. The Consumer Protection Law, Administrative Code § 20-700, prohibits unfair trade
practices:
No person shall engage in any deceptive or unconscionable trade

practice in the sale, lease, rental or loan or in the offering for sale,
lease, rental, or loan of any consumer goods or services, or in the
collection of consumer debts.
45. The Consumer Protection Law § 20-701(a) defines deceptive trade practices as:
Any false, falsely disparaging, or misleading oral or written

statement, visual description or other representation of any kind
made in connection with the sale, lease, rental or loan or in
connection with the offering for sale, lease, rental, or loan of
7 A family is defined, in pertinent part, as:

a) A single person occupying a dwelling unit and maintaining a common household with not more than two
boarders, roomers or lodgers; or
b) Two or more persons related by blood, adoption, legal guardianship, marriage or domestic partnership,
occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers
or lodgers; or
c) Not more than three unrelated persons occupying a dwelling unit and maintaining a common household ...
Admin. Code § 27-2004.
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consumer goods or services … which has the capacity, tendency or

effect of deceiving or misleading consumers. Deceptive trade
practices include but are not limited to … representations that
goods or services have sponsorship, approval, accessories,
characteristics, ingredients, uses, benefits, or quantities that they do
not have … goods or services are of a particular standard, quality,
grade, style or model, if they are of another … the use, in any oral
or written representation, of exaggeration, innuendo or ambiguity
as to a material fact or failure to state a material fact if such use
deceives or tends to deceive … offering goods or services with
intent not to sell them as offered….
46. While the Consumer Protection Law § 20-703(a) & (b) authorize the City to institute
proceedings for unfair trade practices and recover civil penalties, § 20-703(c) & (d) authorize the
City to bring an action for injunctive relief and restitution to consumers:
a. The violation of any provision of this subchapter or of any

rule or regulation promulgated thereunder, shall be punishable
upon proof thereof, by the payment of a civil penalty in the sum of
fifty dollars to three hundred and fifty dollars, to be recovered in a
civil action.
b. The knowing violation of any provision of this subchapter or

of any rule or regulation promulgated thereunder, shall be
punishable upon conviction thereof, by the payment of a civil
penalty in the sum of five hundred dollars, or as a violation for
which a fine in the sum of five hundred dollars shall be imposed,
or both.
c. Upon a finding by the commissioner of repeated, multiple or

persistent violation of any provision of this subchapter or of any
rule or regulation promulgated thereunder, the city may, except as
hereinafter provided, bring an action to compel the defendant or
defendants in such action to pay in court all monies, property or
other things, or proceeds thereof, received as a result of such
violations.
d. Whenever any person has engaged in any acts or practices

which constitute violations of any provision of this subchapter or
of any rule or regulation promulgated thereunder, the city may
make application to the supreme court for an order enjoining such
acts or practices and for an order granting a temporary or
permanent injunction, restraining order, or other order enjoining
such acts or practices
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47. The Consumer Protection Law § 20-703(e) further provides that actual injury to
consumers need not be shown to establish a cause of action.
48. In City of New York v. Smart Apartments LLC, 39 Misc. 3d 221 (Sup.Ct., NY Co. 2013)
(Engoron, J.), the Court held that marketing transient accommodations is covered by the
Consumer Protection Law, and granted a temporary restraining order and preliminary injunction
against the defendants’ further advertising and booking of illegal transient accommodations in
New York City.8
PARTIES
49. Plaintiff THE CITY OF NEW YORK (“City”) is a municipal corporation incorporated
under the laws of the State of New York.
A. Defendant Elvis Tominovic
50. Defendant ELVIS TOMINOVIC, a natural person who resides in the State of New York,
is a licensed real estate salesperson in the State of New York, and is self-identified as a
professional realtor specializing in sales and rentals in Astoria, Long Island City, Woodside,
Sunnyside, and Jackson Heights.9
51. Upon information and belief, Defendant Elvis Tominovic is actively engaged in the
management and operation of numerous dwelling units in Class A multiple dwellings and one-
and-two-family dwellings where only legal permanent is permitted, and which have been
unlawfully operated and made available for short-term occupancy.
8
The case was subsequently settled with the defendants agreeing to a permanent injunction against such practices, a
$1,000,000 penalty, and the creation of a fund for consumer restitution.
9 https://twitter.com/elvistominovic?lang=en
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52. Defendant Elvis Tominovic, along with his sister Defendant Romina Tominovic, his
father Defendant Franko Tominovic, and his mother Defendant Loreta Tominovic, is owner or
co-owner of the following four Subject Buildings, in which they also advertise and operate
illegal short-term rentals:
(a) 25-54A 48th Street, Astoria, NY;

(b) 25-58 48th Street, Astoria, NY;
(c) 31-27 14th Street, Astoria, NY, through Defendant 31-27 14 Street Realty LLC;
and
(d) 47-15 28th Avenue, Astoria, NY through Defendant 47-15 28 Avenue Realty
LLC.
53. A property manager of Acropolis Buildings provided in October 2018 that Defendant
Elvis Tominovic was notorious for his illegal short-term rentals as far back as 2014. As a result
of such activities, Defendant Elvis Tominovic received a cease and desist letter as early as May
28, 2014 about “Brokering Illegal Leases/Rentals” in the Acropolis Buildings, “despite being
repeatedly asked [to cease and desist your activities].” The cease and desist letter states that
“Mr. Tominovic is also unlawfully placing combination lockboxes on the apartments he is
illegally attempting to lease or rent.”
54. Despite the repeated warnings, Defendant Elvis Tominovic never ceased his illegal short-
term rental activities, instead he increased them. Between 2015 and February 2019, Airbnb
disbursed almost $890,000 in revenue directly to Defendant Elvis Tominovic, through nearly
4,000 separate illegal short-term rental transactions that took place in at least 19 different
buildings in Queens and Manhattan. This illegal short-term rental revenue was processed
through 14 different Airbnb host accounts for 73 different Airbnb listings that deceived
approximately 10,000 transient guests in four years.
55. Besides receiving revenue for his illegal short-term rental activities, Defendant Elvis
Tominovic is inextricably linked to Defendants’ web of lucrative unlawful hotel operation.
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Many of the 14 Airbnb host accounts through which Defendant Elvis Tominovic received illegal
short-term rental revenue also generated such revenue for other Defendants. For example, in
addition to generating over $17,000 in illegal short-term rental revenue for Defendant Elvis
Tominovic, Airbnb Host ID No. 64568961 (“Oliver Isic”) also generated $68,000 in illegal
short-term rental revenue for Defendant IstraJazz, Inc., and $113,000 in illegal short-term rental
revenue for Defendant Ress Services, Inc.
56. Specifically, Airbnb host account Airbnb Host ID No. 3364967 was created by Defendant
Elvis Tominovic in his own name back in August 2012. This single Airbnb host account in turn
created 12 Airbnb listings that advertised illegal short-term rentals in at least seven of the 36
Subject Buildings: (a) 21-27 33rd Street, Astoria, NY; (b) 21-38 36th Street, Astoria, NY; (c) 25-
21 Steinway Street, Astoria, NY; (d) 25-54 48th Street, Astoria, NY; (e) 25-54A 48th Street,
Astoria, NY; (f) 25-58 48th Street, Astoria, NY; and (g) 31-27 14th Street, Astoria, NY.10
57. Also, the same phone numbers that Defendant Elvis Tominovic used to set up Airbnb
Host ID. No. 3364967, were tied to other Airbnb host accounts in Defendants’ illegal short-term
rental operation: (a) 1- -2707, (b) 1- -7962, and (c) 1- -0146.
Similarly, the device used by Defendant Elvis Tominovic to set up his Airbnb Host ID No.
3364967 in August 2012, was also used to create Airbnb Host ID No. 10815354 (“Sonia
Cholik,” an apparent alteration of Defendant Sanja Colic’s name), since both accounts are
associated with the same IP address, 72. .233.
B. Defendant Romina Tominovic
10 At a number of the Subject Buildings used for illegal transient housing, Defendant Elvis Tominovic maintains
Con Edison utility accounts despite the fact that he does not reside in them. Two examples are the Subject Buildings
21-37 33rd Street, Astoria and 30-63 Crescent Street, Astoria.
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58. Defendant ROMINA TOMINOVIC, a natural person who resides in the State of New
York, is a licensed attorney in the State of New York, and the sister of Defendant Elvis
Tominovic.11
59. Upon information and belief, Defendant Romina Tominovic has been the manager or
operator of numerous dwelling units in Class A multiple dwellings and one-and-two-family
dwellings where only legal permanent residence is permitted, which have been unlawfully
operated and made available for short-term occupancy.
60. Between 2015 and 2018, through two very active Airbnb host accounts12 for 10 different
Airbnb listings, Airbnb disbursed about $156,376 in revenue directly to Defendant Romina
Tominovic, through nearly 300 separate illegal short-term rental transactions in at least the
following five of the 36 Subject Buildings: (a) 21-15 33rd Street, Astoria, NY; (b) 21-47 33rd
Street, Astoria, NY; (c) 21-77 33rd Street, Astoria, NY; (d) 25-58 48th Street, Astoria, NY; and
(e) 577 2nd Avenue, New York, NY.
61. In addition, telephone number -2582, which is utilized by Defendant Romina
Tominovic for her illegal short-term rental operation through Airbnb, was utilized by Airbnb
11 As previously stated, Defendant Romina Tominovic is also co-owner of the Subject Building 25-54A 48th Street,
Astoria, NY, along with other members of the Tominovic family, and the co-owner and authorized signatory for
corporate Defendant 31-27 14 Street Realty LLC, the entity which owns the Subject Building 31-27 14th Street,
Astoria, NY.
12 The two Airbnb Host accounts are: Airbnb Host ID No. 6874740 (“Bloz Rajkovic”) and Airbnb Host ID No.
73022954 (“Budo J”).
Between 2015 and 2019, Airbnb disbursed about $423,692 in illegal short-term rental revenue directly to Bloz
Rajkovic, through over 1,460 separate transactions for illegal short-term rentals that took place at the following six
of the 36 Subject Buildings: (a) 12-10 31st Drive, Astoria, NY; (b) 21-15 33rd Street, Astoria, NY; (c) 21-47 33rd
Street, Astoria, NY; (d) 21-77 33rd Street, Astoria, NY; (e) 25-58 48th Street, Astoria, NY; and (f) 730 Saint Nicholas
Avenue, New York, NY. The illegal short-term rental revenue was processed through Airbnb Host ID No. 6874740
(‘Bloz Rajkovic’), for 13 different Airbnb listings advertising illegal short-term rentals. The nearly 1,460 illegal
reservations covered 4,421 nights for 4,386 guests in this four year period.
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Host ID No. 44935483 (“Ale Velic”), with the illegal short-term rental revenue paid to
Defendant R & S Living, Inc.
C. Defendant Franko Tominovic
62. Defendant FRANKO TOMINOVIC, a natural person who resides in the State of New
York, is the father of Defendants Elvis Tominovic and Romina Tominovic.13
63. Upon information and belief, Defendant Franko Tominovic has been the manager or
64. Between 2015 and 2017, through two different Airbnb host accounts14 for an estimated
10 Airbnb listings, Airbnb disbursed almost $106,000 in revenue directly to Defendant Franko
Tominovic, through nearly 350 illegal short-term rentals separate transactions that took place in
at least six Subject Buildings: (a) 21-06 35th Street, Astoria, NY; (b) 25-51 Crescent Street,
Astoria, NY; (c) 25-58 48th Street, Astoria, NY; (c) 29-09 21st Ave, Astoria, NY; (d) 517
Onderdonk Avenue, Ridgewood, NY; (e) 91 East 208th Street, Bronx, NY; and (f) 577 2nd
Avenue, New York, NY.15
13 Defendant Franko Tominovic is a co-owner of the Subject Building 25-54A 48th Street, Astoria, NY, along with
other members of the Tominovic family.
14 The two Airbnb Host accounts are: Airbnb Host ID No. 36153054 (“Franky Tominovic”) and Airbnb Host ID
No. 20828747 (“Kathlyn K”).
15 $76,815 out of the $120,330 of illegal short-term rental revenue generated from Airbnb Host ID No. 36153054
(“Franky Tominovic”) was paid to Defendant Ress Services Inc., while $62,763 of the illegal short-term rental
revenue that was paid directly to Defendant Franko Tominovic was generated by the Airbnb Host ID No. 20828747
(“Kathlyn K”), which also generated illegal short-term rental revenue for Defendants Elvis Tominovic and Sanja
Colic.
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65. Also, the same phone numbers that Defendant Franko Tominovic used to set up Airbnb
host accounts, were tied to other Airbnb host accounts in Defendants’ illegal short-term rental
operation. For example, the phone number -6296 was not only used by Defendant
Franko Tominovic to set up his illegal short-term rental operation through Airbnb, but was also
utilized by Defendants Elvis Tominovic and Loreta Tominovic, among other Airbnb hosts.
66. In addition, the device (IP address 24. .229) used by Defendant Franko Tominovic
to set up his Airbnb host account, was also used by other Defendants.
D. Defendant Loreta Tominovic
67. Defendant LORETA TOMINOVIC, a natural person who resides in the State of New
York, is a former real estate professional, the wife of Defendant Franko Tominovic, and the
mother of Defendants Elvis Tominovic and Romina Tominovic.16
68. Upon information and belief, Defendant Loreta Tominovic has been the manager or
69. Between 2015 and 2017, through two different Airbnb host accounts17 for 10 different
Airbnb listings, Airbnb disbursed about $32,464 in revenue directly to Defendant Loreta
Tominovic, through nearly 200 separate illegal short-term rentals transactions in at least the
16 Defendant Loreta Tominovic is also owner or co-owner of Subject Building 25-54A 48th Street, Astoria, NY,
along with other members of the Tominovic family.
17 The two Airbnb Host accounts are: Airbnb Host ID No. 5006781 (“Lory Tominovic”) and Airbnb Host ID No.
59942359 (“Nina Blaskovic”).
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following four Subject Buildings: (a) 11-15 30 Drive, Astoria, NY; (b) 12-10 31 Drive, Astoria,
NY; (c) 25-51 Crescent Street, Astoria, NY; and (d) 25-54 48th Street, Astoria, NY.18
70. Similarly, the device (IP address 24. 12) used by Defendant Loreta Tominovic to
set up her Airbnb host account, was also used to create Airbnb host accounts by Defendants
Suzana Colic, and IstraJazz Inc.
E. Defendant 31-27 14th Street Realty LLC
71. Defendant 31-27 14TH STREET REALTY LLC, is a domestic limited liability company,
registered to do business in the state of New York. Defendant Romina Tominovic is the
authorized signatory for corporate Defendant 31-27 14th Street Realty LLC, the entity which
owns Subject Building 31-27 14th Street, Astoria, NY.
72. Between 2018 and 2019, through Airbnb Host ID No. 3565993 (“Bratso
Radosavljevic”)19 for seven different Airbnb listings advertising illegal short-term rentals,
Airbnb disbursed about $26,918 in revenue directly to Defendant 31-27 14 Street Realty LLC,
through nearly 120 separate illegal short-term rental transactions at Subject Building 31-27 14th
Street, Astoria, NY.
F. Defendant 47-15 28th Avenue Realty LLC
18 Airbnb Host ID No. 59942359 (“Nina Blaskovic”) generated $8,640 in illegal short-term rental revenue for
Defendant Loreta Tominovic, and the same Airbnb host account also generated $112,514 in illegal short-term rental
revenue for Defendant Ress Services Inc.
19 Upon information and belief, Bratislav Radkosavlevic, is a friend of Defendant Elvis Tominovic, and has been
the manager or operator of numerous dwelling units in Class A multiple dwellings and one-and-two-family
dwellings where only legal permanent residence is permitted, which have been unlawfully operated and made
available for short-term occupancy. Between 2015 and 2018, Airbnb disbursed about $288,182 in revenue directly
to Bratislav Radkovsavlevic, through nearly 1,550 separate illegal short-term rental transactions at Subject Building
31-27 14th Street, Astoria, NY. Bratislav Radkovsavlevic received the aforesaid illegal short-term rental revenue
through Airbnb Host ID No. 35659953 (“Bratso Radosavljevic”), for six different Airbnb listings advertising illegal
short-term rentals that deceived 3,525 guests in four years.
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73. Defendant 47-15 28TH AVENUE REALTY LLC is a domestic limited liability company,
registered to do business in the state of New York, with Defendant Elvis Tominovic as the sole
and managing member, and is the entity which owns Subject Building 47-15 28th Avenue,
Astoria, NY.
74. Between 2016 and 2018, through three Airbnb Host accounts and 20 Airbnb listings,20
Airbnb disbursed about $276,436 in revenue directly to Defendant 47-15 28 Avenue Realty
LLC, through nearly 1,600 separate illegal short-term rental transactions in at least the following
three Subject Buildings: (a) 30-80 Crescent Street, Astoria, NY; (b) 47-15 28th Avenue, Astoria,
NY; and (c) 530 West 136 Street, New York, NY.
75. Also, one of the devices (IP address 173. 186) utilized by Defendant 47-15 28
Avenue Realty LLC to set up Airbnb host accounts, was used by Defendant IstraJazz Inc. to set
up its Airbnb host accounts.
G. Defendant R & S Living, Inc.
76. Defendant R & S LIVING, INC. (“R & S Living”), a domestic business corporation
registered in the state of New York, is owned and operated by Defendant Romina Tominovic.
77. Between 2015 and 2018, through Airbnb Host ID No. 44935483 (“Ale Velic”) for Airbnb
Listing No. 8534697, Airbnb disbursed about $137,312 in revenue directly to Defendant R & S
Living, through nearly 200 separate illegal short-term rental transactions at Subject Building 302
East 38th Street, New York, NY.
78. Also, the same phone numbers Defendant R & S Living used to set up Airbnb host
accounts, were tied to other Airbnb host accounts in Defendants’ illegal short-term rental
20 The three Airbnb Host accounts are: (a) Airbnb Host ID No. 27563168 (“AJ Kletkin”); (b) Airbnb Host ID No.
129774918 (“Dragan Colic”); and (c) Airbnb Host ID No. 16255394 (“Mrky Viskovic”).
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operation. For example, the telephone number ( -2582) utilized by Defendant R & S
Living to operate illegal short-term rentals, was also used by Defendant Romina Tominovic as
part of her illegal short-term rental operations. Similarly, telephone number ( -6327)
utilized by Defendant R & S Living to operate illegal short-term rentals, was also used by Gallop
Properties Corp., as part of its illegal short-term rental operation.21
H. Defendant Suzana Colic
79. Defendant SUZANA COLIC, a natural person who resides in the State of New York, is
the domestic partner of Defendant Elvis Tominovic.
80. Upon information and belief, Defendant Suzana Colic has been the manager or operator
of numerous dwelling units in Class A multiple dwellings and one-and-two-family dwellings
where only legal permanent residence is permitted, which have been unlawfully operated and
made available for short-term occupancy.
81. Between 2015 and February, 2019, through four different Airbnb host accounts22 for 24
different Airbnb listings, Airbnb disbursed about $188,904 in revenue directly to Defendant
Suzana Colic, through nearly 1,000 separate illegal short-term rentals transactions in the Subject
Building 517 Onderdonk Avenue, Ridgewood, NY.
21 Between 2016 and 2018, Airbnb disbursed about $125,992 in illegal short-term rental revenue directly to Gallop
Properties Corp., through nearly 156 separate illegal short-term rental transactions that took place in at least four
different buildings in Manhattan, NY: (1) 19 West 69th Street, Manhattan, NY; (2) 25 Hamilton Terrace, Manhattan,
NY; (3) 300 East 50th Street, Manhattan, NY; and (4) 1571 Lexington Avenue, Manhattan, NY.
Upon information and belief, Airbnb listings by Gallop Properties Corp. are connected to Aleksandar Velic (Airbnb
Host ID No. 44935483 (‘Alc Velic’), Defendants R & S Living, Inc., and Romina Tominovic.
22 The two Airbnb Host accounts are: Airbnb Host ID No. 102524686 (‘Suzy Colic’); Airbnb Host ID No. 3364967
(‘Elvis Tominovic’); Airbnb Host ID No. 6874740 (‘Bloz Rajkovic’); and Airbnb Host ID No. 57407656 (‘Mike
Toropov’)
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82. Also, the same phone numbers Defendant Suzana Colic used to set up Airbnb host
accounts, were tied to other Airbnb host accounts in Defendants’ illegal short-term rental
operation. For example, the phone number -6892 was utilized by both Defendant
Suzana Colic and Defendant IstraJazz Inc. for illegal short-term rentals, while the phone number
-4044 was used by both Defendant Suzana Colic and Defendant Loreta Tominovic for
illegal short-term rentals.
I. Defendant Sanja Colic a.k.a. Sanya Colic
83. Defendant SANJA a.k.a. SANYA COLIC (“Sanja Colic”), a natural person who resides
in the State of New York, is the sister of Defendant Suzana Colic.
84. Upon information and belief, Defendant Sanja Colic has been the manager or operator of
numerous dwelling units in Class A multiple dwellings and one-and-two-family dwellings where
only legal permanent residence is permitted, which have been unlawfully operated and made
available for short-term occupancy.
85. Between 2015 and 2018, through two different Airbnb host accounts23 for two different
Airbnb listings, Airbnb disbursed about $148,970 in revenue directly to Defendant Sanja Colic,
through nearly 300 illegal short-term rentals transactions at the Subject Building 21-06 35th
Street, Astoria, NY.
86. Defendant Sanja Colic used the following three telephone numbers to operate illegal
short-term rentals through Airbnb: (a) -1723; (b) -1162; and (c) -6296,
and these phone numbers are also associated with the illegal transient activity for Defendants
Elvis Tominovic, Franko Tominovic, 47-15 28 Avenue Realty LLC, and IstraJazz Inc.
23 The two Airbnb Host accounts are: Airbnb Host ID No. 20828747 (‘Kathlyn K’); and Airbnb Host ID No.
10815354 (‘Sonia Cholik’)
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87. Moreover, the device (IP address 72. .233) associated with Defendant Sanja Colic
to operate illegal short-term rental through Airbnb, was also utilized by Defendant Elvis
Tominovic.
J. Defendant Ress Services, Inc.
88. Defendant RESS SERVICES, INC. (“Ress Services”), a domestic business corporation
registered to do business in the State of New York.24 Ress Services was incorporated by Rajive
Maret, who is also listed as Manager of Subject Building 25-51 Crescent Street, owned by Yeah
Buddy, LLC (“Yeah Buddy”). Ress Services and Yeah Buddy have the same corporate service
address in Syosset, New York.
89. Between 2017 and February, 2019, through no less than 10 different Airbnb host
accounts25 Airbnb disbursed almost $1,000,000 in revenue directly to Defendant Ress Services,
through nearly 5,000 separate illegal short-term rental transactions that took place in at least the
following nine Subject Buildings: (a) 11-15 30th Drive, Astoria, NY; (b) 12-10 31st Drive,
Astoria, NY; (c) 21-27 33rd Street, Astoria, NY; (d) 25-21Steinway Street, Astoria, NY; (e) 25-
24 According to records from New York State Department of State, Division of Corporations, Defendant Ress
Services, Inc. lists the address 11 Parkway Drive, Syosset, NY to accept service, which is also the service address
for Yeah Buddy LLC, a domestic limited liability company registered to do business in the State of New York,
which owns the Subject Building 25-51 Crescent Avenue, Astoria, NY. Upon information and belief, both
Defendant Ress Services, Inc., and Yeah Buddy LLC is owned by Mr. Rajive Maret, a property manager and real
estate developer.
25 The 10 Airbnb Host accounts are: (a) Airbnb Host ID No. 4405252 (‘Julie Sanchez’); (b) Airbnb Host ID No.
6874740 (‘Bloz Rajkovic’); (c) Airbnb Host ID No. 27563168 (‘A J Kletkin’); (d) Airbnb Host ID No. 36153054
(‘Franky Tominovic’); (e) Airbnb Host ID No. 50603026 (‘Paulo Glusic’); (f) Airbnb Host ID No. 55668644
(‘Mario Bacon’); (g) Airbnb Host ID No. 59942359 (‘Nina Blaskovic’); (h) Airbnb Host ID No. 64568961 (‘Oliver
Isic’); (i) Airbnb Host ID No. 102524686 (‘Suzy Colic’); and (j) Airbnb Host ID No. 129774918 (‘Dragan Colic’).
Between 2015 and 2019, Airbnb disbursed about $44,765 in illegal short-term rental revenue directly to Paulo
Glusic, through nearly 160 separate transactions for illegal short-term rentals that took place at Subject Building 21-
27 33rd Street, Astoria, NY. The payments were processed through Airbnb Host ID No. 50603026 (‘Paulo Glusic’)
for Airbnb listing no. 9825967, which deceived 444 transient guests in four years.
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51 Crescent Street, Astoria, NY; (f) 30-63 Steinway Street, Astoria, NY; (g) 30-80 Crescent
Street, Astoria NY; and (h) 517 Onderdonk Avenue, Ridgewood, NY.
90. Moreover, Defendant Ress Services’ illegal short-term rental revenue has been generated
from Airbnb listings which were originally part of other Defendants’ illegal short-term rental
operation. For example, between June 2017 and February 2019, Airbnb Listing ID No. 9825967
generated illegal short-term rental revenue for Defendant Ress Services at Subject Building 21-
27 33rd Street, Astoria, NY, while Defendant Elvis Tominovic had received illegal short-term
rental revenue for the same location between August 2016 and September 2016.
91. Similarly, Defendant Ress Service assumed payout responsibility beginning around April
or May 2017 and continuing until at least February 2019, for listings formerly associated with
Defendants Suzana Colic (Subject Building at 517 Onderdonk Avenue, Ridgewood, NY), Franko
Tominovic (Subject Building 25-51 Crescent Street, Astoria, NY), and Loreta Tominovic
(Subject Building 11-15 30th Drive, Astoria, NY).
K. Defendant Dragan Mavra
92. Defendant DRAGAN MAVRA,26 a natural person who resides in the State of New York,
is the owner of Subject Building 32-50 45th Street, Astoria, NY, and possibly the owner of
Acropolis Building 21-37 33rd Street, Astoria, NY, Apt. 1E.
26 Upon information and belief, Defendant Dragan Marva is the ex-husband of Kristina Mavra, who has been the
manager or operator of numerous dwelling units in Class A multiple dwellings and one-and-two-family dwellings
where only legal permanent residence is permitted, which have been unlawfully operated and made available for
short-term occupancy. Between 2015 and 2018, Airbnb disbursed about $183,176 in revenue directly to Kristina
Mavra, through nearly 412 separate illegal short-term rental transactions at Subject Building 38-21 27th Street,
Astoria, NY. Kristina Mavra received the aforesaid illegal short-term rental revenue through Airbnb Host ID No.
51441829 (“Kristina Mavra”), for two Airbnb listings advertising illegal short-term rentals that deceived 1,484
transient guests in three years.
The same phone numbers that Kristina Mavra used to set up Airbnb host accounts, were tied to other Airbnb host
accounts in Defendants’ illegal short-term rental operation. For example, the telephone number -0146, is
not only used by Kristina Mavra for her Airbnb host account, but is also associated with illegal short-term rentals for
the following three Airbnb host accounts: (a) Airbnb Host ID No. 3364967 (‘Elvis Tominovic’); (b) Airbnb Host ID
Continued…
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93. Upon information and belief, Defendant Dragan Mavra has been the manager or operator
of numerous dwelling units in Class A multiple dwellings and one-and-two-family dwellings
where only legal permanent residence is permitted, which have been unlawfully operated and
made available for short-term occupancy.
94. Between 2015 and 2018, through Airbnb Host ID No. 1787284 (“Dragan Mavra”), for
Airbnb Listing ID No. 53109, Airbnb disbursed about $158,785 in revenue directly to Defendant
Dragan Mavra, through over 200 separate illegal short-term rentals transactions that took place at
Subject Building 32-50 45 Street, Astoria, NY.
L. Defendant Neo Panayuoutou
95. Defendant NEO PANAYIOUTOU, a natural person who resides in the State of New
York, is a friend of Defendant Elvis Tominovic.
96. Upon information and belief, Defendant Neo Panayioutou has been the manager or
97. Between 2015 and 2019, through Airbnb Host ID No. 40911249 for 13 different Airbnb
listings, Airbnb disbursed about $289,812 in revenue directly to Defendant Neo Panayiotou,
through nearly 1,100 separate illegal short-term rental transactions that took place in at least the
following six Subject Buildings: (a) 21-27 33rd Street, Astoria, NY; (b) 25-54 48th Street,
Astoria, NY; (c) 25-54A 48th Street, Astoria, NY; (d) 30-80 Crescent Street, Astoria, NY; (e) 101
West 143rd Street, New York, NY; and (f) 404 West 145th Street, New York, NY.
No. 5006781 (‘Lory Tominovic’); and (c) Airbnb Host ID No. 6874740 (‘Bloz Rajkovic’). Similarly, the telephone
number -3883 is not only used by Kristina Mavra for her Airbnb host account, but is also associated with
illegal short-term rentals activity for Airbnb Host ID No. 27563168 (‘A J Kletkin’).
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98. According to information provided by an Acropolis Buildings property manager, a
transient guest named M. L. from Pennsylvania provided that he booked his two-night stay in
2014 through Airbnb, and the Airbnb host was Defendant Neo Panayiotou. Similarly, another
transient guest named D. P. from Texas provided that he booked his stay at the Acropolis
Building from May 22, 2018 to May 29, 2018 through Airbnb, hosted by Defendant Neo
Panayiotou.
M. Defendant IstraJazz, Inc. a.k.a. Istra Jazz, Inc.
99. Defendant ISTRAJAZZ INC. a.k.a. ISTRA JAZZ, INC. (“IstraJazz”) is a domestic
business corporation registered to do business in the state of New York. IstraJazz was
incorporated by Milos Skiljevic, who was evicted from his apartment at Subject Building 53
West 127th Street for hosting short-term rentals, contrary to the conditions of his lease.
100. Between 2016 and 2018, through five different Airbnb host accounts27 for 22 different
Airbnb listings, Airbnb disbursed about $411,031 in revenue directly to Defendant IstraJazz,
through nearly 2,500 separate illegal short-term rental transactions that took place in at least four
different Subject Buildings: (a) 11-15 30th Drive, Astoria, NY; (b) 53 West 127th Street, New
York, NY; (c) 101 West 143rd Street, New York, NY; and (d) 530 West 136th, New York, NY.
101. Defendants “JOHN DOE” and “JANE DOE,” numbers 1 through 20, are fictitiously
named parties, true names unknown, the parties intended being other managers or operators of
the unlawful hotel and hostel business being carried on by Defendants.
STATEMENT OF FACTS
27 The five Airbnb Host accounts are: (a) Airbnb Host ID No. 64568961 (‘Oliver Isic’); (b) Airbnb Host ID No.
110681535 (‘Luka Melentijevic’); (c) Airbnb Host ID No. 114680092 (‘Bernard Sucker’); (d) Airbnb Host ID No.
162555394 (‘Mrky Viskovic’); and (e) Airbnb Host ID No. 126007495 (‘Oriana Martinez’). These five Airbnb host
accounts also generated illegal short-term rental revenue for Defendants Elvis Tominovic, 47-15 28 Avenue Realty
LLC, and Ress Services, besides Defendant IstraJazz.
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A. Defendants’ Misleading and Deceptive Illegal Hotel Operations and Advertisements

in Northwestern Queens, Manhattan, and the Bronx
102. Since at least 2015, Defendants have advertised, used, and profited from illegal short-
term rentals in at least 36 Subject Buildings, which are all permanent residential dwellings that
are located in Northwestern Queens, Manhattan, and the Bronx.
103. Through deceptive and misleading on-line advertisements on Airbnb and other platforms,
Defendants have conducted an extensive business of booking, operating and maintaining
transient accommodations in both Class A multiple dwellings and in two-family dwellings. The
only legally permissible occupancy in these dwellings is for permanent residence.
104. Several of the illegal short-term rentals in the Subject Buildings have led to the
elimination of permanent housing in apartments as well as smaller, one-or-two family private
dwellings – the kind of housing stock which gives neighborhoods in Queens their affordability,
family scale and charm. These permanent residences are now essentially de facto hotels, and
they entail serious overcrowding and fire safety issues even when only one unit within a building
has been illegally converted into transient occupancy.
105. Defendants’ deceptive and misleading on-line advertisements never indicate that the
short-term accommodations they offered are illegal and fail to meet required building and fire
safety requirements.
106. Defendants’ misleading advertisements are further deceptive because of their
unscrupulous treatment of transient guests. Some transient guests’ on-line reviews mention
difficulties with getting receipts or being able to check-in. In some cases, transient guests
complained angrily about unsanitary and structurally defective conditions in their temporary
lodgings.
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107. For example, a comment by transient guest Margaret, who booked a stay at Subject
Building 25-54 48th Street, Astoria, NY provided:
TERRIBLE HORRENDOUS HEALTH HAZARD!!! It is DECEPTIVELY

made to look like a clean, simple room in a shared apartment. Essentially, it
functions as a hostel with private rooms. More so, the bedroom STUNK, there
was one bare bulb in the overhead light which did not work, the bathroom
STUNK WORSE THAN THE ROOM and it is 100% the smell of sewage (I
have spent a lot of time in rural Ireland and many facilities are similar, however
there is NO EXCUSE for a plumbing system in Queens, NY to smell that way.
Also there was mold all over the restroom and a HOLE IN THE CEILING.
There's so much more I could say, but I’m busy and those are the biggest issues.
My boyfriend and I booked a hotel instead and literally left within an hour.
Also, the host was not on site, nor did he reach out regarding my dissatisfaction
and STILL has not refunded the reservation (again I was there for less than an
hour). HORRIBLE! SLEEP ON A BENCH IN CENTRAL PARK INSTEAD,
YOU'LL HAVE A BETTER EXPERIENCE! Oh also, the walls are thin as
paper and you could hear a guest in another room sneeze... now imagine them
stomping around on the second floor directly above your room. In my "private
message" to Dragan, I told him I need my refund in full asap (which I've been
asking for since I left his rental within an hour of checking in, and he has not
issued), and also, that if I ever see his place on Airbnb again, I will be calling the
NY State Dept of Health to come do a home inspection, and I can guarantee you
they will deem the property unfit for habitation, between the holes in the
walls/ceiling, the mold, the plumbing stench, and insects/vermin found.
108. Transient guests a) Zeynap and b) Bella complained about overcrowding in their short-
term stay at Subject Building 30-63 Steinway Street, Astoria, NY:
a) There are 4 rooms in the building and each had 3-4 guests. You can’t really
use the common areas because it’s usually packed. We wanted to cook at nights
but it was very uncomfortable to cook in that small kitchen with 6 other people
also trying to use it.
b) The place can get crowded, though. There are 5 rooms total in the same apt
with the capacity of 4 people each room. There are 2 bathrooms, so you can do
the math!
109. As part of this investigation, OSE inspectors have issued at least 11 OSE Adverting
Summonses to hosts who were advertising unlawful short-term rentals in the Subject Buildings.
110. Many transient guests do provide favorable reviews, especially about the convenience of
the neighborhoods involved, and about relatively inexpensive pricing for New York
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accommodations. However, these vibrant, stable and livable neighborhoods are no excuse for
Defendants to profiteer from deceptively offering illegal and unsafe short-term rentals in
permanent residences.
B. Transient Occupancy Related Building and Fire Safety Violations Have Been Issued In
12 Out of 36 Subject Buildings in Which Defendants Have Advertised and Operated
Their Illegal Hotels
111. In the courses of its investigation since 2016, the City has issued transient occupancy
related building and fire violations in the following ten Subject Buildings which are Class A
multiple dwellings (the “Multiple Dwellings”) in Queens and Manhattan as being unlawfully
offered by Defendants for transient occupancy:
a. 11-15 30th Drive, Astoria, NY;

b. 12-10 31st Drive, Astoria, NY;
c. 21-16 35th Street, Astoria, NY;
d. 21-37 33rd Street, Astoria, NY;
e. 21-38 35th Street, Astoria, NY;
f. 21-48 35th Street, Astoria, NY;
g. 53 West 127th Street, Manhattan, NY;
h. 300 East 50th Street, Manhattan, NY;
i. 517 Onderdonk Avenue, Ridgewood, NY; and
j. 530 West 136th Street, Manhattan, NY.
112. In addition, the City has issued transient occupancy related building and fire violations in
two Subject Buildings which are two-family dwellings (the “Private Dwellings”) in Queens and
Manhattan that have been unlawfully used by Defendants to provide accommodations for
transient occupants:
k. 47-15 28th Avenue, Astoria, NY; and

l. 730 Saint Nicholas Avenue, Manhattan, NY.
113. Based on the City’s history of responding to complaints of unlawful transient
occupancies at these 12 Subject Buildings, its inspections of those properties, and its issuance of
administrative notices of violations (“NOVs) to their respective owners, Defendants’ misleading
and deceptive offerings of illegal short-term rentals have been widespread and extensive.
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114. Since 2015, DOB has received approximately 31 citizen complaints of illegal transient
use in these 12 Subject Buildings in which Defendants are known to have been providing
unlawful short-term occupancies. The number and continuing flow of complaints attest to such
transient occupancies as being problematic to permanent residents and neighbors having to deal
with non-stop tourists on a daily basis.
115. Between November 2016 and May 2019, in response to complaints and as part of the
ongoing investigation into illegal transient occupancies at all 36 Subject Buildings, OSE
conducted an administrative code enforcement inspection of each of these 12 Subject Buildings,
and confirmed illegal transient occupancies that resulted in fire and building safety violations
being issued to the owners.
116. Upon information and belief, none of the 12 Subject Buildings in which Defendants have
advertised, operated and maintained illegal transient accommodations have the fire safety
features required for such short-term rentals, such as fire alarms, automatic sprinklers, or two
means of fire-proof egress on each floor.
117. Furthermore, as explained below, based upon OSE’s inspections of the 12 Subject
Buildings, vacate orders were issued by the DOB Commissioner for three of them, on the basis
that conditions then existing were imminently perilous, dangerous or detrimental to life, public
safety or property.28
1. 11-15 30th Drive, Astoria, NY
28 Pursuant to Admin. Code § 28-207.4:
In case any order to remedy a condition that is or may be imminently perilous,

dangerous or detrimental to life, public safety or property, issued by the
commissioner is not complied with, or the commissioner determines that an
emergency exists requiring such action, the commissioner may order and
immediately cause any building, structure or place or premises to be vacated....
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118. The applicable property record for 11-15 30th Drive is I-cards maintained by NYC
Housing and Preservation Development (“HPD”). It is a two-story building, with one dwelling
unit on each floor, whose only lawful use and occupancy is restricted to permanent residency.
119. On August 14, 2017, there was a complaint against 11-15 30th Drive, which alleged that
“[p]eople are going into the building in groups regularly[,] with the people coming and going[,]
changing day to day.”
120. On August 25, 2017 at around 11:40 a.m., DOB Inspector Chung and the OSE Inspection
Team conducted an inspection of 11-15 30th Drive. The Team found that the two dwelling units
along with the cellar had been converted into six rooms.
121. In Room No. 2, three guests from Mexico had booked their transient stay through Airbnb
from August 24 through August 26, 2017, for a total of $160. The host had given them a code
for entry via cell phone. In Room No. 5, three guests from France had booked their transient
stay through Airbnb from August 23 through August 28, 2017, for a total of $400. The Airbnb
host was named Nina. The OSE Inspection Team did not obtain access to Rooms 1, 3 and 4.
122. During DOB Inspector Chung’s interviews with the guests at 11-15 30th Drive on August
25, 2017, he took various photographs of the occupants’ smartphones, which depicted the electronic
confirmations of their transient stay reservations as provided by their host. He also took pictures of
the violating condition of the dwelling units, equipped and arranged with multiple beds in each
room, and with key-locking devices on the interior doors.
123. There was even a poster on the wall that instructed the transient guests to deny access for
inspection: “DO NOT LET ANYONE IN ESPECIALLY: PEOPLE FROM DOB (Department of
Building) or FDNY.”
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124. Based upon DOB Inspector Chung’s observations and interviews of the occupants at 11-
15 30th Drive on August 25, 2017, he issued six NOVs to the building owner, 11-15 30th Dr. LLC.
For these NOVs, which were all issued due to the unlawful transient occupancy that he observed
at that location, the remedy required was for the building owner to “discontinue illegal
occupancy.”
125. A description of each violation is set forth here.
NOV No. Date Violations Noted

35258508R 8/25/2017 Permanent dwelling used/converted for other than permanent
residential purposes. DOB records indicate bldg. to be legally
approved as three families, now cellar and 1st floor being
used/converted to transient use.
35258511H 8/25/2017 Failure to provide number of required means of egress for transient
use.
35258509Z 8/25/2017 Lack of a system of automatic sprinklers as required for transient use.
35258510X 8/25/2017 Failure to provide fire alarm system for transient use.
35258512J 8/25/2017 Work w/o a permit: at cellar level installed water and waste plumbing
lines for a three-piece bathroom; erected full height partition walls
creating approx. six rooms.
35258513L 8/25/2017 Multiple dwelling converted with three or more additional dwelling
units than legally authorized.
126. On October 2, 2017, Sanjay Sharma, on behalf of the Respondent 11-15 30th Dr., LLC, filed
the required Certificate of Correction with the DOB, and indicated that the “tenant doing transient
use has been evicted” and that “the transient use has been discontinued permanently from the entire
premises.”
127. On January 29, 2019, the owner of 11-15 30th Drive was found “in violation” on all six of
these summonses, and the following penalties were assessed: 35258508R, $800; 35258511H,
$1,200; 35258509Z, $1,000; $800; 35258513L, $42,400. These penalties total $45,400.
128. Due to the imminent danger to life or public safety or safety of the occupants or to property
resulting from the particular violations that DOB Inspector Chung observed during his August 25,
2017 inspection of 11-15 30th Drive, the DOB Commissioner issued Peremptory Partial Vacate
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Order #Q413/17. This Order required that the cellar and first floor of the building be immediately
vacated and remain vacant and unoccupied until such time as the conditions giving rise to this
vacate order had been corrected and the vacate order was rescinded.
129. The Order also expressly noted that The Commissioner of the Department of Buildings has
determined that condition(s) to or within these premises are imminently perilous to life, public
safety or the safety of the occupants or danger to property” due to the following conditions:
“Illegally converted cellar and 1st floor into 6 furnished/single room occupancy rooms (occupied)
without providing required 2nd means of egress, no fire alarm/sprinkler system exist, and exceeding
occupancy load rendering the house unsafe to occupy.” This vacate order was lifted on April 17,
2019.
130. After DOB Inspector Chung’s August 25, 2017 inspection of 11-15 30th Drive, he
conducted an online investigation of the illegal transient occupancy offered and advertised at the
location, and discovered several on-line advertisements of illegal transient occupancy at 11-15 30th
Drive on Airbnb.
2. 12-10 31st Drive, Astoria, NY
131. The applicable DOB record for 12-10 31st Drive is C of O No. 215137. According to C
of O No. 215137, it is a three-story building, with one dwelling unit on each floor, whose only
lawful use and occupancy is restricted to a total of three Class A apartments.
132. On May 3, 2019, DOB Inspector Botticelli and the OSE Inspection Team inspected 12-10
31st Drive and found transient occupancy in three separate units on the first and second floors, as
follows:
(1) On the first floor, the OSE Inspection Team found three female guests from
South Carolina who booked their transient stay through Airbnb from April 30
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through May 3, 2019, for a total of $500. The transient guests expressed
disappointment in the condition of the apartment, which included broken
furniture. The transient guests said Bloz was their Airbnb host.
(2) In Room No. 1 on the second floor, the OSE Inspection Team found guest
Britney from Brooklyn and one other guest, who booked their transient stay
through Airbnb from May 1 through May 3, 2019, at the rate of $93 per night.
Bloz was also named as their Airbnb host.
(3) In Room No. 4 on the second floor, the OSE Inspection Team found guest S.
Vijaya and a friend who had just arrived from Singapore. The guests booked their
transient stay from May 2 through May 5, 2019, at the rate of $169 per night. The
guests stated that they received a pass code through a text message from the host
in order to enter the building and to get a key from the lock box on the second
floor.
133. During DOB Inspector Botticelli’s interviews with the guests at 12-10 31st Drive on May 3,
2019, he took various photographs of the occupants’ smartphones, which depicted electronic
the violating condition of the dwelling units, equipped and arranged with multiple beds in each
room, and key-locking devices on the interior doors.
134. There is even a poster on the wall that misleadingly instructed the transient guests to deny
access for inspection: “you are not obligated to talk to them. Keep walking and do not answer their
questions … They might even tell you they are the police but this is illegal, they are not the police.
DO NOT LET ANYONE IN THE HOUSE. Let’s keep Airbnb alive! ”
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135. Based upon DOB Inspector Botticelli’s observations and interviews of the occupants at
12-10 31st Drive on May 3, 2019, he issued eight NOVs to the building owner, Mohammed
Choudhury. For the first four of these NOVs, which were all issued due to the unlawful transient
occupancy that he observed at that location, the specific remedy required was for the building
owner to “restore to prior legal condition.” For the other NOVs, the remedy required was to
“discontinue illegal occupancy.”

35417789H 5/3/2019 Dwelling converted, maintained or occupied with three or more
additional units than legally authorized. 2nd floor has been converted to
four furnished rooms with two guests for every room. Occupancy
noted at room #1.
35417790P 5/3/2019 Dwelling converted, maintained or occupied with three or more
noted at room #2 (additional violation for every room.)
35417791R 5/3/2019 Dwelling converted, maintained or occupied with three or more
35417792Z 5/3/2019 Dwelling converted, maintained or occupied with three or more
35417793K 5/3/2019 Dwelling converted, maintained or occupied with three or more
noted at Apt. 1, first floor, and Apt. 2, second floor rooms #1 and #4.
35417794M 5/3/2019 Lack of required number of means of egress for every floor, for
transient use.
35417795Y 5/3/2019 Lack of a system of automatic sprinklers where required for transient
use.
137. During the course of this inspection, the OSE Inspection Team smelled gas and reported
it to the FDNY. Two FDNY fire engines arrived and the firemen shut down the gas, which was
leaking from behind one of the stoves.
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138. Utility company ConEdison arrived shortly afterwards. The OSE Inspection Team also
discovered that the three transient guests from South Carolina were locked in their room and so
trapped inside the apartment.
resulting from the particular violations that DOB Inspector Botticelli observed during his May 3,
2019 inspection of 12-10 31st Drive, the DOB Commissioner issued Peremptory Partial Vacate
Order #Q193/19.
140. This Order required that Apartment 2 at the 2nd floor of the building be immediately vacated
and remain vacant and unoccupied until such time as the conditions giving rise to this vacate order
had been corrected and the vacate order was rescinded. The Order also expressly noted that The
Commissioner of the Department of Buildings has determined that condition(s) to or within these
premises are imminently perilous to life, public safety or the safety of the occupants or danger to
property” due to the following conditions: “Illegally converted apt #2 at 2th [sic] floor into 4
furnished rooms without providing required means of egress, sprinkler system and fire alarm
rendering apartment unsafe to occupy.”
141. After DOB Inspector Botticelli’s May 3, 2019 inspection of 12-10 31st Drive, he conducted
an online investigation of the illegal transient occupancy offered and advertised at the location, and
discovered several on-line advertisements of illegal transient occupancy at 12-10 31st Drive on
Airbnb.
3. 21-16 35th Street, Astoria, NY
142. The applicable property record for 21-16 35th Street indicates that this is a five-story
building with 39 Class A apartments.
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143. On October 2, 2018, there was a complaint against 21-16 35th Street, alleging that “[t]he
owner has a few properties. All of them are used short-term.”
144. On October 11, 2018, DOB Inspector Filatov and the OSE Inspection Team found illegal
transient use in 21-16 35th Street, Apt. 1F on the first floor.
145. The OSE Inspection Team interviewed guest Mr. Salem from Dubai, who stated that he
and a friend had used www.Booking.com (“Booking.com”) to rent the apartment for three days
from October 10 through October 13, 2018, for a total of $800. He stated that the host is named
David, and gave the team the host’s contact phone number. The transient guest stated that the
tenant in Apt. 1E had provided him with the key to the apartment.
146. During DOB Inspector Filatov’s interview at 21-16 35th Street on October 11, 2018, he took
various photographs of the occupant’s smartphone, which depicted the electronic confirmations of
the transient stay reservations as provided by their host. He also took pictures of the violating
condition of the dwelling unit.
147. After this interview was conducted, the OSE Inspection Team was able to interview
Brandon M. Osman, VP and Chief Officer of the management company, Metropolitan Pacific
Properties. Mr. Osman stated that he has had problems with Defendant Elvis Tominovic, who
comes to the buildings on this block, and tries to convince the apartment owners to host transient
guests by using Airbnb.
148. Mr. Osman stated that he has told Defendant Elvis Tominovic to stop coming to the
apartment complex, which includes 16 different addresses, but that Defendant Elvis Tominovic
has not stopped. Mr. Osman stated that a police report was made about two years earlier.
149. Based upon DOB Inspector Filatov’s observations and interviews of the occupant at 21-
16 35th Street on October 11, 2018, he issued four NOVs to the building owner, Acropolis
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Gardens Realty Corp. For these NOVs, which were all issued due to the unlawful transient
owner to “discontinue illegal occupancy.”

35348599K 10/11/2018 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 1F used/converted to transient
use.
35347626M 10/11/2018 Failure to provide fire alarm system for transient use.
35347627Y 10/11/2018 Lack of a system of automatic sprinklers where required for
transient use.
35347625K 10/11/2018 Failure to provide number of required means of egress for
transient use.
151. After DOB Inspector Filatov’s October 11, 2018 inspection of 21-16 35th Street, he
location, and discovered several on-line advertisements of illegal transient occupancy at 21-16 35th
Street on Booking.com and Airbnb.
152. The applicable property record for 21-38 35th Street indicates that this is a four-story
153. On March 29, 2019, DOB Inspector Zheng and the OSE Inspection team found transient
guests at 21-38 35th Street, Apt. 1B. They were directed to knock on door of 1B by other tenants
on the first floor. The OSE Inspection Team interviewed a woman and her daughter from
Florida, who had used Airbnb to rent the apartment from March 26, 2019 through April 1, 2019
for a total of $600.
154. During DOB Inspector Zheng’s interviews with the guests at 21-38 35th Street on March 29,
2019, he took various photographs of the occupants’ smartphones, which depicted the electronic
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the violating condition of the dwelling unit.
155. Based upon DOB Inspector Zheng’s observations and interviews of the occupants at 21-
38 35th Street on March 29, 2019, he issued five NOVs to the building owner, Acropolis Gardens
Realty Corp. For the first four of these NOVs, which were all issued due to the unlawful
transient occupancy that he observed at that location, the specific remedy required was for the
building owner to “discontinue illegal occupancy.” For the fifth NOV, the remedy required was
to “obtain required permit.”

35417600P 3/29/2019 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 1B used/converted to transient use
with two guests and rent paid through Airbnb.
35405857M 3/29/2019 Lack of required number of means of egress for every floor for
transient use.
35405858Y 3/29/2019 Lack of a system of automatic sprinklers where required for transient
use.
35405860N 3/29/2019 Work without a permit in Apt. 1B, erected full-height partitions to
create additional bedroom.
157. After DOB Inspector Zheng’s March 29, 2019 inspection of 21-38 35th Street, he conducted
an online investigation of the illegal transient occupancy offered and advertised at the location, and
discovered several on-line advertisements of illegal transient occupancy at 21-38 35th Street on
Airbnb.
5. 21-37 33rd Street, Astoria, NY
158. The applicable property record for 21-37 33rd Street indicates that this is a five-story
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159. On March 22, 2019, OSE received a complaint that indicated that “21-37 33Street Unit
IE [is] Used short term Arbnb [sic] rental.”
160. On March 27, 2019, DOB Inspector Botticelli and the OSE Inspection Team found
transient violations in 21-37 33rd Street, Apt. 1E. Two guests from Georgia had booked a stay on
Airbnb from March 25 through April 1, 2019, at a cost of $119/night. They received the keys
from Airbnb host Dennis B, who was not living in the apartment with them.
161. The OSE Inspection Team also interviewed the property manager, Anthony, who stated
that he was aware of transient use in the apartment complex, but did not know in which
apartments.
162. During DOB Inspector Botticelli’s interviews with the guests at 21-37 33rd Street on March
27, 2019, he took various photographs of the occupants’ smartphones, which depicted the electronic
21-37 33rd Street on March 27, 2019, he issued four NOVs to the building owner, Acropolis
Gardens Realty Corp. For these NOVs, which were all issued due to the unlawful transient
owner to “discontinue illegal occupancy.”

34505723R 3/27/2019 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 1E used/converted to transient use
for less than 30 days.
34505724Z 3/27/2019 Lack of required number of means of egress for every floor for
transient use.
34505725Y 3/27/2019 Lack of a system of automatic sprinkler where required for transient
use.
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34505726X 3/27/2019 Failure to maintain a fire alarm system for transient use.
165. After DOB Inspector Botticelli’s March 29, 2019 inspection of 21-37 33rd Street, he
location, and discovered several on-line advertisements of illegal transient occupancy at 21-37 33rd
Street on Airbnb.
166. On May 3, 2019, the OSE Inspection Team did two follow-up inspections of 21-37 33rd
Street. On the second inspection, Superintendent Alvaro Castillo stated that the owner of
Apartment 1E is Defendant Dragan Mavra.
167. The applicable property record for 21-48 35th Street indicates that this is a four-story
168. On May 3, 2019, DOB Inspector Portelli and the OSE Inspection Team, found illegal
transient use in Apartment 1B of 21-48 35th Street. Guest Daniel and his wife from Brazil were
staying in the apartment from April 29 through May 5, 2019, for 3,800 Brazilian Real.29 Daniel
stated that had never seen the Airbnb host named Frankie or spoken to him directly. They
obtained the key from a locker at Key Café Supermarket two blocks away.
169. During DOB Inspector Portelli’s interviews with the guests at 21-48 35th Street on May 3,
confirmations of their transient stay reservations as provided by their host.
170. Based upon DOB Inspector Portelli’s observations and interviews of the occupants at 21-
48 35th Street on May 3, 2019, he issued four NOVs to the building owner, Acropolis Gardens
Realty Corp. For these NOVs, which were all issued due to the unlawful transient occupancy
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that he observed at that location, the specific remedy required was for the building owner to

35417732R 5/3/2019 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 1B used/converted to transient use
with two guests staying for less than 30 days with no host or owner
staying with them.
35417735M 5/3/2019 Failure to provide fire alarm system for transient use.
35417733Z 5/3/2019 Lack of a system of automatic sprinklers where required for transient
use.
35417734K 5/3/2019 Failure to provide number of required means of egress for transient
use.
172. An online investigation of the illegal transient occupancy offered and advertised at 21-48
35th Street discovered several on-line advertisements on Airbnb.
7. 47-15 28th Avenue, Astoria, NY
173. The applicable property record for 47-15 28th Avenue indicates that this is a two-family
dwelling for permanent residential purpose only.
174. This property is owned by Defendant 47-15 28th Avenue Realty LLC, and the most recent
deed is signed by co-buyer Defendant “ELVIS TOMINOVIC, a licensed Real Estate Broker,
purchasing the property for his own interest and benefit.”
175. On September 18, 2017, DOB Inspector Filatov and the OSE Inspection Team found
transient use throughout 47-15 28th Avenue, including the basement, 1st floor and 2d floor.
Transient guests of the basement and room nos. 1, 2 and 6 on the first and second floors were
interviewed, while room nos. 3, 5 and 6 were open and vacant. Room no. 3 was being cleaned
during inspection.
29 Approximately $964.
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176. The OSE Inspection Team interviewed the following four groups of transient guests. All
of them booked through Airbnb and were hosted by Allen J. Kletkin:
(1) Transient guest K. T. from Bulgaria stated that he had rented the basement
apartment from September 15 from September 19, 2017 through Airbnb, for a
total of $570.
(2) Transient guest S. W. from Taiwan stated that she had rented Room no. 1 on
the first floor from September 17 through September 19, 2017 through Airbnb, for
7,800 Taiwanese dollars.30
(3) Transient guest D. B. from Serbia stated that she booked Room no. 2 on the
first floor from September 17 through September 18, 2017 through Airbnb, for
$60.
(4) Transient guest A. G. from upstate New York stated his party of four rented
Room no. 6 on the second floor from September 16 through September 18, 2017
through Airbnb, for a total of $340.
177. During DOB Inspector Filatov’s interviews with the guests at 47-15 28th Avenue on
September 18, 2017, he took various photographs of the occupants’ smartphones, which depicted
the electronic confirmations of their transient stay reservations as provided by their host. He also
took pictures of the violating condition of the dwelling unit.
178. Based upon Inspector Filatov’s observations and interviews of the occupants at 47-15 28th
Avenue on September 18, 2017, he issued six NOVs to the building owner, 47-15 28 Avenue
Realty LLC. These NOVs were issued due to the unlawful transient occupancy that he observed
at that location. For the first violation set forth below, the specific remedy required was for the
30 Approximately $252..
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building owner to “restore to prior legal condition.” NOVs 08R, 09Z, 10X, 11H and 12J required
the remedy “discontinue illegal occupancy.” The final violation, for work without a permit, stated
the remedy as “obtain permit.”

35291307P 9/18/2017 One or two family residence converted to or maintained as a dwelling
for four or more families. At basement level have created Class A
apartment with two furnished sleeping rooms. At first floor [and at
second floor] three furnished rooms.
35291308R 9/18/2017 Failure to provide required means of egress for every floor for
transient use.
35291309Z 9/18/2017 Failure to provide fire alarm system for transient use.
35291310X 9/18/2017 Lack of a system of automatic sprinklers for transient use.
35291311H 9/18/2017 Occupancy contrary to that allowed, having erected full height
partition to create class “A” apartment with full kitchen.
35291312J 9/18/2017 Work without a permit, at basement level.
180. An online investigation of the illegal transient occupancy offered and advertised at 47-15
28th Avenue discovered several advertisements on Airbnb.
181. On November 16, 2017, Defendant Elvis Tominovic filed a Certificate of Correction for
Respondent 47-15 28 Avenue Realty LLC. He indicated that he had “removed all furniture from
the six transient/Airbnb bedrooms on the second and third floors/duplex,” further stating that he had
“lived, before the vacate order, on the first floor with my fiancé and we rented out the
upstairs/duplex to transients/Airbnb.”
182. The NOVs issued by DOB Inspector Filatov on September 18, 2017 were decided at an
OATH hearing on November 14, 2017, which was attended by Defendant Elvis Tominovic. The
following NOVs were found in violation: (1) NOV No. 35291307P, the owner was found in
violation, and a penalty of $3,400 was assessed; (2) NOV No. 35291308R, the owner was found
in violation, and a penalty of $1,000 was assessed; (3) NOV No. 35291309Z, the owner was
found in violation, and a penalty of $1,600 was assessed; and (4) NOV No. 35291310X, the
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owner was found in violation, and a penalty of $1,000 was assessed. The total penalties as a
result of the September 18, 2017 inspection was $7,000.
183. Since the 2017 violations and hearing, OSE has received new complaints about short-term
rentals at 47-15 28 Avenue, but the OSE Inspection Team has been unable to inspect the premises.
See Complaint # 4749813 received October 1, 2018 (“the shole [sic] building is being rented out as
hotel rooms. Guests stay a couple of days”) and Complaint # 4769250 received April 4, 2019
(“used as hotel, or rents rooms”)’
8. 53 West 127th Street, Manhattan, NY
184. The applicable property record for 53 West 127th Street indicates that this is a three-story
building with six Class A apartments, for permanent residential purpose only.
185. On November 28, 2016, DOB Inspector Rosato and the OSE Inspection Team found
transient use in Apt. #2FR at 53 West 127th Street. Transient guest A. Furman, a New York City
resident, had booked on Airbnb from November 17 through December 3, 2016, at a rate of $150
per night.
186. During DOB Inspector Rosato’s interviews with the guests at 53 West 127th Street on
November 28, 2016, he took various photographs of the occupants’ smartphones, which depicted
the electronic confirmations of their transient stay reservations as provided by their host.
187. Based upon DOB Inspector Rosato’s observations and interviews of the occupants at 53
West 127th Street on November 28, 2016, he issued four NOVs to the building owner, 53 West
127 STO LLC. For these NOVs, which were issued due to the unlawful transient occupancy that
he observed, the specific remedy required was for the building owner to “discontinue illegal use”
or “occupancy.”
188. A description of each violation is set forth below.
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35203519Y 11/28/2016 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 2FR used/converted to transient
use through Airbnb.
35203520L 11/28/2016 Failure to provide required means of egress for every floor for
transient occupied building.
35203521N 11/28/2016 Lack of a system of automatic sprinklers where required in transient
occupied building.
35203522P 11/28/2016 Failure to provide fire alarm system in transient occupied building.
189. The NOVs that DOB Inspector Rosato issued against 53 West 127th Street on November
28, 2016 were decided at an OATH Hearing on March 2, 2017. The owner, 53 W 127 SIO LLC,
was found in violation on all four NOVs, and the following penalties were assessed: $800 for
35203519Y; $1,200 for 35203520L; $1,000 for 35203521N; and $1,600 for 35203522P –
making a total of $4,600 for these violations.
190. On April 5, 2017, Mr. Shay Alster, on behalf of Respondent, 53 West 127 STO LLC,
filed the required Certificate of Correction. Alster affirmed that a letter “demanding immediate
cease and desist of unlawful subletting/short term rental of the apartment” was sent to the tenant
on February 17, 2017, and that the lease had been terminated after receipt of the letter. He
attached a copy of the letter, which was acknowledged and signed by tenant Milos Skiljevic.
9. 300 East 50th Street, Manhattan, NY
191. The applicable property record for 300 East 50th Street indicates that this is a four-story
building with ten Class A apartments, for permanent residential purpose only.
192. On May 3, 2019, DOB Inspector Henlon and the OSE Inspection Team found illegal
transient occupancy at 300 East 50th Street, Apt. 3A. A group of four guests from Spain were
booked through Airbnb from April 26 through May 3, 2019.
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193. Later, transient guest M. Borrega emailed the OSE Inspection Team a copy of their
payment confirmation, which confirms that they paid 1,248€ for the accommodations.31 Ms.
Borrega also indicated that the host’s name was So Ga.
194. During DOB Inspector Henlon’s interview with the guests at 300 East 50th Street on May 3,
195. Based upon DOB Inspector Henlon’s observations and interviews of the occupants at 300
East 50th Street on May 3, 2019, he issued four NOVs to the building owner, Wilson Evans 50th
LLC. For the NOVs, which were issued due to the unlawful transient occupancy that he
observed at that location, the specific remedy required was for the building owner to

35418013P 5/3/2019 Permanent dwelling used/converted for other than permanent-
residential purposes. Now Apt # 2FR used/converted to transient
use through Airbnb.
35418014R 5/3/2019 Failure to provide required means of egress for every floor for
transient occupied building.
35418015Z 5/3/2019 Lack of a system of automatic sprinklers where required in transient
occupied building.
35418016K 5/3/2019 Failure to provide fire alarm system in transient occupied building.
197. An online investigation of the illegal transient occupancy advertised at 300 East 50th Street
discovered several advertisements on Airbnb.
10. 517 Onderdonk Avenue, Queens
31 Approximately $1,397.
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198. The applicable property record for 517 Onderdonk Avenue is C of O No. 201114.
According to C of O No. 201114, it is a three-story, mixed-use building, with two dwelling units
on each of the second and third floors. Thus it is a Class “A” Multiple Dwelling building whose
only lawful use and occupancy for the second and third stories is restricted to a total of four
Class “A” permanent residential dwelling units.
199. On May 3, 2019 at around 1:00 p.m., DOB Inspector Botticelli and the OSE Inspection
Team conducted an inspection of 517 Onderdonk Avenue. Initially, a female named Maria
denied access for inspection, and said that she would need to call the owner.
200. Then, the OSE Inspection Team saw a male guest coming from Apt. 1 on the first floor.
The male guest identified himself as Jitu from Canada, and stated that he had made reservations
for four people including himself through Airbnb, and the transient stay is from May 1, 2019
through May 3, 2019, for a total of $589. Jitu indicated that there are six different rooms in Apt.
1, and that a guest from France was renting out the room next to theirs.
201. The guest Jitu also stated that Tina was the Airbnb host (Airbnb Host Id 251069587), and
that Tina is the sister of Maria who lives in Apt. 3R. Jitu indicated that he did not want to remain
in 517 Onderdonk Avenue because of the conditions in Apt. 1, and that Maria had tried to
prevent him from appearing when the OSE team arrived.
202. During DOB Inspector Botticelli’s interview with Jitu at 517 Onderdonk Avenue, he took
various photographs of Jitu’s smartphones, which depict the electronic confirmations of the
Airbnb reservation.
517 Onderdonk Avenue on May 3, 2019, he issued four NOVs to the building owner, Milan
Simovic. For these NOVs, which were all issued due to the unlawful transient occupancy that
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Inspector Botticelli observed at that location, the remedy required was for the building owner to
NOV # DATE Violation Noted:

35425102M 5/3/2019 Permanent dwelling used/converted for other than permanent
residential purposes (i.e., transient use).
35425104X 5/3/2019 Failure to comply with automatic fire sprinkler requirements for
transient use.
35425103Y 5/3/2019 Failure to provide required means of egress for transient use for
each floor.
35425105H 5/3/2019 Failure to provide fire alarm system for transient use.
205. After DOB Inspector Botticelli’s May 3, 2019 inspection of 517 Onderdonk Avenue, he
location, and discovered several on-line advertisements of illegal transient occupancy at 517
Onderdonk Avenue on Airbnb.
11. 530 West 136th Street, Manhattan, NY
206. The applicable property record for 530 West 136th Street, listed as 528 West 136th Street,
indicates that this is a six-story building with 37 Class A apartments, for permanent residential
purposes only.
207. On May 23, 2018, there was a complaint received through 311 against 530 West 136th
Street, which alleges that “half of an apartment building is being used for Airbnb rentals. The
first, second, third floors and the basement is being used … Guests stay for a few days.”
208. On May 31, 2018, DOB Inspector Sukhraj and the OSE Inspection Team conducted an
inspection of 530 West 136th Street Apartment 36, a three-bedroom apartment, with key locks on
all the rooms, and transient guests inside. In Room No. 3, the OSE Inspection Team interviewed
guest A. Y. from Russia, who had reserved the room through Airbnb for two people from May
30 through June 2, 2018, for $100 per night. Mr. Y. said the Airbnb host’s name was Luke, who
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gave him the key. In Room No. 2, the OSE Inspection Team spoke with Helen and Min from
South Korea, who had arrived on May 30, 2018 and planned to leave on May 31, 2018, at the
rate of $30 per night.
209. Based upon DOB Inspector Sukhraj’s observations and interviews of the occupants at 530
West 136th Street on May 31, 2018, he issued four NOVs to the building owner. For these
NOVs, which were issued due to the unlawful transient occupancy that he observed at that
location, the specific remedy required was for the building owner to “discontinue illegal
occupancy.”
NOV No. Date Conditions Noted

35329885H 5/31/2018 Permanent dwelling used/converted for other than permanent
residential purposes.
35329886J 5/31/2018 Lack of a system of automatic sprinklers as required for transient use.
35329888N 5/31/2018 Failure to provide a fire alarm system for transient use.
35329887L 5/31/2018 Lack of required number of means of egress for every floor for
transient use.
211. An online investigation of the illegal transient occupancy advertised at 300 East 50th Street
discovered several advertisements on Airbnb.
212. At the OATH hearing on October 11, 2018, building owner SAC JR 136th STREET,
represented by Mr. Novak Vukasinovic, contested the NOVs issued against 530 West 136th
Street on May 31, 2018. Pursuant to the appeal decision dated March 21, 2019, the building
owner was found in violation on all four violations, with the following penalties: for 35329885H,
$1,250; for 35329886J, $1,250; for 35329888N, $2,500; for 35329887L, $2,500. The total
penalties related to this inspection was $7,500.
12. 730 Saint Nicholas Avenue, Manhattan, NY
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213. The applicable DOB record for 730 Saint Nicholas Avenue is C of O No. 105864.
According to C of O No. 105864, it is a four story building with two dwelling units, for
permanent residential purposes only.
214. On November 8, 2016, there was a complaint against 730 Saint Nicholas Avenue which
alleges that “The whole building, every room inside the building has been converted to short stay
Airbnb living. The advertisement is online.”
215. On December 23, 2016, DOB Inspector Filatov and the OSE Inspection Team found
illegal transient housing throughout 730 Saint Nicholas Avenue. In the basement apartment, a
family from the Dominican Republic (three adults and three children) had booked through
Airbnb from December 21 through December 28, 2016, at the rate of $100 per night.
216. The OSE Inspection team also found that 10 other rooms inside 730 Saint Nicholas
Avenue that were equipped and arranged for transient occupancy. A female guest named A.
Cabral was staying with two other adults and three children in one of the upstairs apartments. A
male guest named U. Hussein from Wisconsin had arrived on December 21, 2016 and was
scheduled to depart on December 24, 2016, having booked through Airbnb at the rate of $50 per
night.
217. During DOB Inspector Filatov’s interviews with the guests at 730 Saint Nicholas Avenue
on December 23, 2016, he took various photographs of the occupants’ smartphones, which depicted
electronic confirmations of their transient stay reservations as provided by their host. He also took
pictures of the violating condition of the dwelling units, equipped and arranged with multiple beds
in each room, and key-locking devices on the interior doors.
218. Based upon Inspector Filatov’s observations and interviews of the occupants at 730 Saint
Nicholas Avenue on December 23, 2016, he issued six NOVs to the building owner, Prospektor
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LLC. All the NOVs were issued due to the unlawful transient occupancy that he observed at this
location. For the first NOV, 89P, the specific remedy required was to “restore to prior legal
condition.” For NOVS 90 M, 91Y, 93H and 92X, the specific remedy required was for the
building owner to “discontinue illegal occupancy.” For NOV 94J, the remedy was to “obtain
permit.”

35220189P 12/23/2016 One or two family residence converted or maintained as a dwelling
for four or more families. Basement occupied for transient use.
Total of eight furnished rooms upstairs.
35220190M 12/23/2016 Failure to comply with maximum floor area requirements per
occupied load.
35220191Y 12/23/2016 Failure to provide number of required means of egress for every
floor for transient use.
35220194J 12/23/2016 Work without a permit, in cellar level, having erected gas line for
dryer, water and waste lines. Having erected full-height partitions
throughout.
35220193H 12/23/2016 Lack of a system of automatic sprinklers where required for transient
use.
35220192X 12/23/2016 Failure to provide a fire alarm system for transient use.
resulting from the particular violations that DOB Inspector Filatov observed during his December
23, 2016 inspection of 730 Saint Nicholas Avenue, the DOB Commissioner issued Peremptory
Partial Vacate Order #171/16. This Order required that 2nd, 3rd and 4th floors of the building be
immediately vacated and remain vacant and unoccupied until such time as the conditions giving rise
to this vacate order had been corrected and the vacate order was rescinded.
221. The Order also expressly noted that The Commissioner of the Department of Buildings has
determined that condition(s) to or within these premises are imminently perilous to life, public
safety or the safety of the occupants or danger to property” due to the following conditions: “The
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2nd floor illegally converted into 2 furnished/transient use, 3rd floor converted into 3
furnished/transient use, 4th floor converted into 3 furnished/transient use without providing required
means of egress, fire/sprinkler systems and exceeding occupancy load rendering dwelling unsafe to
occupy.”
222. At the OATH hearing on February 9, 2017, Novak Vukasinovic represented the building
owner Prospektor LLC as co-owner, along with Milos Skiljevic, the property manager. The
building owner was found in violation on five of the summons, with the following penalties: for
35220189P, $5,400 (including three days daily penalties); for 35220190M, $1,000; for
35220191Y, $1,200; for 35220193H, $1,000; for 35220192X, $1,600. The total penalties
assessed for this inspection was $10,200.
223. On March 7, 2018, Edgar Canas, Manager of Argus Community, Inc.32, filed the required
Certificate of Correction. Mr. Canas affirmed that Argus Community is the new owner of the
property, and that the company has discontinued the illegal occupancy maintained by the
previous owner and his tenants.
FIRST CAUSE OF ACTION

CONSUMER PROTECTION LAW - DECEPTIVE TRADE
PRACTICES
224. Plaintiff repeats and realleges paragraphs “1” through “223” as if contained herein.
225. The Consumer Protection Law provides that “[n]o person shall engage in any deceptive
or unconscionable trade practice in the sale, lease, rental or loan or in the offering for sale, lease,
rental, or loan of any consumer goods or services, or in the collection of consumer debts.” A
merchant impliedly represents that the products and services which he advertises and sells are
both legal and safe.
32 Argus Community, Inc. is owner of 730 Saint Nicholas Avenue according to the Deed dated 8/10/2017.
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226. Defendants’ advertisements inducing tourists to book accommodations in permanent
dwellings for unlawful and hazardous stays of less than thirty days are false representations and
omissions of material fact which have misled or deceived or tried to mislead and deceive
consumers as to the use of those accommodations.
227. By inducing tourists and other visitors to New York City to book accommodations in
class A multiple dwellings and one-and-two-family dwellings for stays of less than 30 days, such
rentals being illegal and unsafe, Defendants have misled consumers as to the use of those
accommodations and have failed to state material facts about those accommodations, doing so in
a manner that tends to deceive and that has resulted in actual deception of consumers.
228. Defendants have thereby committed deceptive trade practices in violation of § 20-700 of
the Consumer Protection Law.
229. Upon information and belief, none of the Subject Buildings in which Defendants have
unlawfully advertised, booked, operated and maintained transient accommodations for illegal
and hazardous short-term stays of less than 30-days have the fire safety features required for
transient accommodations.
230. Pursuant to Section 20-703 of the Consumer Protection Law, the Commissioner of
Consumer Affairs made a finding that Defendants committed repeated, multiple and persistent
violations of law.
231. Pursuant to Section 20-703 of the Consumer Protection Law, on or about June 10 to 12,
2019, Defendants were served a five-day notice of the Plaintiff’s intent to file a lawsuit.
SECOND CAUSE OF ACTION

ILLEGAL OCCUPANCY & ADVERTISING OF ILLEGAL
OCCUPANCIES IN MULTIPLE DWELLINGS IN
VIOLATION OF THE MDL
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233. MDL § (4)(8)(a) prohibits renting any unit in Class A multiple dwellings for less than
thirty days. The law provides that “A class A multiple dwelling shall only be used for permanent
residence purposes,” the term “permanent residence purposes” being defined by the statute to
“consist of occupancy of a dwelling unit by the same natural person or family for thirty
consecutive days or more….”
234. MDL § 121 prohibits advertising transient occupancy or use of dwelling units in a Class
A multiple dwelling.
235. The certificate of occupancy or other applicable DOB/HPD records for the following 25
out of the 36 Subject Buildings where the City alleges that Defendants are advertising and
operating illegal hotels shows that they are multiple dwellings, in which the only permissible
occupancy and use of the dwelling units is permanent residence: (1) 11-15 30th Drive, Astoria,
NY; (2) 12-10 31st Drive, Astoria, NY; (3) 21-06 35th Street, Astoria, NY; (4) 21-15 33rd Street,
Astoria, NY; (5) 21-16 35th Street, Astoria, NY; (6) 21-27 33rd Street, Astoria, NY; (7) 21-37
33rd Street, Astoria, NY; (8) 21-38 35th Street, Astoria, NY; (9) 21-47 33rd Street, Astoria, NY;
(10) 21-48 35th Street, Astoria, NY; (11) 21-77 33rd Street, Astoria, NY; (12) 25-21 Steinway
Street, Astoria, NY; (13) 25-54A 48th Street, Astoria, NY; (14) 517 Onderdonk Avenue,
Ridgewood, NY; (15) 19 West 69th Street, Manhattan, NY; (16) 25 Hamilton Terrace,
Manhattan, NY; (17) 53 West 127th Street, Manhattan, NY; (18) 91 East 208th Street, Bronx,
NY; (19) 101 West 143rd Street, Manhattan, NY; (20) 300 East 50th Street, Manhattan, NY; (21)
302 East 38th Street, Manhattan, NY; (22) 404 West 145th Street, Manhattan, NY; (23) 530 West
136th Street, Manhattan, NY; (24) 577 2nd Avenue, Manhattan, NY; and (25) 1571 Lexington
Avenue, Manhattan, NY.
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236. Notwithstanding the requirements of the MDL, Defendants have advertised, maintained
and used these five Multiple Dwellings for short-term transient occupancies of less than thirty
days, in violation of the MDL.
237. Pursuant to MDL § 306, the plaintiff is entitled to judgement against Defendants, their
agents, assigns, employees and all persons acting individually or in concert with them,
permanently enjoining them from advertising, using or occupying, or maintaining, managing,
operating, or permitting the use or occupancy of any of the units in the multiple dwellings for
transient use and occupancy as prohibited by the MDL.
THIRD CAUSE OF ACTION

GENERAL CITY LAW – INJUNCTION FOR ALL
SUBJECT BUILDINGS
239. By virtue of New York General City Law § 20(22), the City is empowered to maintain an
action in a court of competent jurisdiction to compel compliance with or to restrain any violation
of the Administrative Code.
240. Defendants have violated the Consumer Protection Law by advertising the use or
occupancy of permanent residential dwelling units for short-term rental of less than thirty days.
241. As a result of the foregoing, plaintiff is entitled to a judgment against Defendants
permanently restraining them, their agents, assigns, employees, and all persons acting
individually or in concert with them, from continuing to advertise, offer, and maintain the use or
occupancy of permanent residential dwelling units for other than permanent residence purposes
(i.e., short-term rental for less than thirty days).
FOURTH CAUSE OF ACTION

COMMON LAW PUBLIC NUISANCE
INJUNCTION AND NOMINAL AND PUNITIVE DAMAGES
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243. Under common law principles in New York, a public nuisance is an offense against the
State:
It consists of conduct or omissions which offend, interfere with or

cause damage to the public in the exercise of rights common to all
(New York Trap Rock Corp. v. Town of Clarkston, 299 NY 77,
80), in a manner such as to offend public morals, interfere with the
use by the public of a public place or endanger or injure the
property, health, safety or comfort of a considerable number of
persons (Melher v. City of New York, 190 NY 481, 488;
Restatement, Torts, notes preceding § 822, p. 217).
Copart Industries v. Consolidated Edison, 41 N.Y.2d 564, 568 (1977); City of New York v.
Smokes-Spirits.Com, 12 N.Y.3d 616, 626 (2009) (quoting Copart Industries v. Consolidated
Edison, Co., 41 N.Y.2d 564, 568 [1977]).
244. Similarly the Restatement of Torts 2d, § 821B, defines a public nuisance to be “an
unreasonable interference with a right common to the general public,” and further describes
circumstances which can constitute a public nuisance to include significant interference with
“public safety,” “public peace,” and “conduct proscribed by a statute, ordinance or
administrative regulation.”
245. It is well settled that a governmental entity such as the City may bring an action to abate a
public nuisance. New York Trap Rock Corp. v. Town of Clarkstown, 299 N.Y. 77, 83, (1949);
City of New York v. Smokes-Spirits.Com, 12 N.Y.3d 616, 626 (2009).
246. Defendants have advertised, operated, and maintained apartments for short-term stays of
less than 30 days in numerous class A multiple dwellings and private dwellings which legally are
only available for permanent residency, creating serious safety risks for the transient occupants
of those apartments, significant security risks in buildings not equipped to handle the security
problems associated with transient occupancy, and a degradation in the quality and comfort of
the surrounding residents, created by noise, filth, and the excessive traffic of unknown and
constantly changing individuals entering their places of abode or neighborhood.
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247. The unlawful activities promoted, maintained and allowed by Defendants through their
illegal practices, and the unsafe building conditions allowed by Defendants, as described in this
complaint, are detrimental to the welfare, property, and safety of the citizens of the City of New
York and the public at large.
248. They offend, interfere with and cause damage to the public in the exercise of rights
common to all, in a manner such as to endanger or injure the property, safety and well-being of a
considerable number of persons.
249. Defendants are therefore maintaining a public nuisance as known at common law and in
equity jurisprudence.
250. Unless restrained by order of this court, Defendants will continue their illegal activities
and will absorb the costs of any fines and penalties imposed upon them as routine operating
expenses. In addition, the plaintiff will be forced to continue expending its limited resources in
continued attempts to abate this harmful nuisance through administrative inspections,
summonses, and violation orders.
251. The plaintiff therefore, has no adequate remedy at law.
252. As a result of the foregoing, the plaintiff is entitled to a judgment against Defendants,
their agents, assigns, employees and all persons acting individually or in concert with them,
permanently restraining the above described common law public nuisance.
253. Defendants have acted willfully, wantonly, and with a recklessness betokening an
improper motive, and have engaged in intentional misconduct and recklessly and wantonly
disregarded the safety, welfare, and rights of others in permitting and maintaining the aforesaid
common law public nuisance.
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254. Defendants have continued to engage in their illegal business, unabated. They actively
advertise and seek to rent numerous permanent residence apartments to tourists and visitors to
New York City for stays of less than 30 days, knowing that this constitutes an illegal occupancy.
255. Defendants have maintained this activity despite being put on notice by the City through
the issuance of repeated violations by the DOB ordering that the transient occupancy violations
cease.
256. Plaintiff is thus entitled to compensatory and punitive damages because of the knowing
and ongoing common law nuisance created, maintained, and continued by Defendants.
WHEREFORE, the plaintiff demands judgment against Defendants as follows:
1. Declaring that Defendants and each of them had knowledge of the existence of the
unlawful acts complained of herein, and failed to take reasonable measures to abate such
unlawful activity;
2. Declaring that Defendants and each of them have managed, used, advertised, booked, and
operated numerous apartments in permanent residential dwellings for illegal transient use and
occupancy though prohibited by State and local laws, and continue to manage, use, advertise,
book, and operate the subject premises in a manner as to constitute deceptive trade practices and
a public nuisance;
3. With respect to the FIRST CAUSE OF ACTION, pursuant to § 20-703 of the
Administrative Code, an order
a. permanently enjoining Defendants, their agents, employees or representatives,
and every person or entity acting individually or in concert with them, from further
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violating the Consumer Protection Law and from committing the deceptive acts or
practices alleged herein;
b. imposing upon Defendants fines in the amount of Five Hundred Dollars ($500)
for each and every knowing violation of the Consumer Protection Law, and Three
Hundred Fifty Dollars ($350) for each and every unknowing violation of the Consumer
Protection Law; and
c. compelling Defendants to pay in court all monies, property or other things, or
proceeds thereof, received as a result of their violations of the Consumer Protection Law
and directing that the amount of money or the property or other things recovered be paid
into an account from which shall be paid over to any and all persons who purchased the
goods or services during the period of violation such sum as was paid by them in a
transaction involving the prohibited acts or practices, plus any costs incurred by such
claimants in making and pursuing their complaints.
4. With respect to the SECOND CAUSE OF ACTION, pursuant to MDL § 306, an order
permanently enjoining Defendants, their agents, assigns, employees or representatives, and
every person or entity acting individually or in concert with them, from further violating the
MDL and from committing the deceptive advertising acts or practices alleged herein that
promote the use of dwelling units in a Class A multiple dwelling for other than permanent
residence purposes.
5. With respect to the THIRD CAUSE OF ACTION, pursuant to § 20(22) of the New York
General City Law, permanently restraining Defendants from continuing to advertise, offer, and
maintain the use or occupancy of dwelling units in Class A multiple dwellings for other than
permanent residence purposes (i.e., short-term rental for less than thirty days).
64
67 of 70
6. With respect to the FOURTH CAUSE OF ACTION, pursuant to the common law
doctrine of public nuisance, an order and judgment
a. permanently and perpetually enjoining Defendants, their agents, assigns,
employees or representatives, and every person or entity acting individually or in concert
with them, from conducting, maintaining or in any way permitting the common law
public nuisance described herein;
b. awarding the plaintiff compensatory damages in an amount to be set by the court,
and punitive damages in the amount of $1,000,000 for the willful and wanton
perpetuation of a common law public nuisance by Defendants;
7. Taxing and allowing the costs and disbursements against Defendants and directing that
plaintiff have execution therefor;
8. Granting to plaintiffs such other and further relief as the Court may deem just, proper and
equitable.
65
68 of 70
Pursuant to section 130-1.1a of the Rules of the Chief Administrator, I certify t
my knowledge, information and belief, formed after a reasonable inquiry

under
circumstances, the presentation of the papers attached hereto and the contentions
therein are not frivolous.
June 17, 2019
ZACHARY W. CARTER
Corporation Counsel of the City o
for Plaintiffs
Attorney
RICHARD HENDRIX
Special Assistant Corporation Coun
The Mayor's Office of Special Enfo

4*
22 Reade Street, Floor
New York, NY 10007
Tel.: (212) 416-5294
69 of 70
VERIFICATION
SHERYL NEUFELD, an attorney admitted to practice before the courts
New York, hereby affirms the following to be true, under the penalties of perjury
CPLR 2106:
I have been duly designated as Corporation Counsel of the City of New
such, I am an officer of the City of New York in the within action. I have read
complaint and know the contents thereof; the same are true to
my knowledge exc
matters I believe them to be true.
The reason this verification is not made by the City of New York is that
corporation.
My belief as to all matters not stated upon my knowledge is based
information obtained from various departments of the city government and from
made to me by certain officers or agents of the City of New York.
June 17, 2019
-
SH L NEUF
70 of 70

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FILED: QUEENS COUNTY CLERK 06/19/2019 09:28 AM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

THE CITY OF NEW YORK, Index No. /2019

ELVIS TOMINOVIC; ROMINA TOMINOVIC;

unknown, the parties intended being the managers or

property which is the subject of this action,

TO THE ABOVE-NAMED DEFENDANTS:

the relief demanded in the Complaint.

as the place of trial.

Dated: New York, New York

June 19, 2019

Mayor's Office of Special

New York, NY 10007

Tel.: (212) 416-5492

25-54 48th Street, Apt. IA

Law Office of Block O'Toole and Murphy

New York, NY 10119

25-54 48th Street, Apt. 1A

25-54 48th Street, Apt. IA

25-54A 48th Street, Apt. 1A

Ress Services Inc.

31-27 14 Street Realty LLC

Long Island City, NY 11106

47-15 28 Avenue Realty LLC

IstraJazz, Inc. a/k/a Istra Jazz, Inc.

R & S Living Inc.

SUPREME COURT OF THE STATE OF NEW YORK

ELVIS TOMINOVIC; ROMINA TOMINOVIC;

Plaintiff, THE CITY OF NEW YORK, by its attorney, ZACHARY W. CARTER,

follows, upon information and belief:

(hereinafter collectively the “Subject Buildings):

a. 11-15 30th Drive, Astoria, NY – a three-family multiple dwelling in a general

c. Acropolis Building1 21-06 35th Street, Astoria, NY – a multiple dwelling in a

w. 47-15 28th Avenue, Astoria, NY – a two-family private dwelling in a general

(hereinafter collectively “Defendants”).

of safe and affordable permanent housing units.

platforms such as www.Airbnb.com (“Airbnb”), www.Booking.com (“Booking.com”), and

transient guests while generating over $5 million in revenue.

8. Defendants’ deceptive illegal short-term rental operation’s revenue and transactions

10. Moreover, telephone number -2707, which belongs to Defendants Elvis

Defendant 47-15 28 Avenue Realty LLC, for $90 per night).

City’s own searches of internet platforms.

or in part, as restitution to aggrieved consumers; to enjoin the public nuisance created by

penalties and compensatory and punitive damages.

§ 306; and pursuant to the common law doctrine of public nuisance.

exposes them to serious fire and building safety risks.

unknown and constantly changing individuals entering places of abode or neighboring

the residents of the City of New York and its visitors.

remedies in court to compel compliance and halt flagrant violations.

unlawful advertising of illegal occupancy in multiple dwellings.

misleading on-line advertisements for short-term “hotel” or “hostel” accommodations located

property, health, safety or comfort of a considerable number of persons constitute a public

25. The neighborhoods of Northwestern Queens, including Astoria, – where 24 of the 36

Airbnb and other platforms that promote illegal transient rentals.

2010 to $2,200 in 2018.

City remain at historically low levels.2

(1) a growing number of complaints from tourists who book accommodations

(3) a burgeoning number of transient occupants, inter-mixed with permanent

(4) faster and more substantial increases in rent, as well as harassment of

Continental LLC, 60 A.D.3d 226, 230-31 (1st Dept. 2009).4

(N.Y. 2010 (Sponsor’s Memo) Bill No. A10008).

than thirty days).

(i.e., Admin. Code § 27-287.1) as follows: