Preview
FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________.._____________ ____---------------------X
FT. WASHINGTON EQUITIES LTD.,
Index No.:
Plaintiff
AFFIDAVIT
-against- IN SUPPORT
DOE"
YOON SEOK OH, "JOHN
DOE,"
"JANE
Defendant(s).
------------- -----------X
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
GEORGE HUANG, being duly sworn, deposes and says:
1. I am an officer of Ft. Washington Equities Ltd (the "Plaintiff"), the Plaintiff in the
within proceeding.
2. I am fully familiar with the facts and circumstances set forth herein. My
affirmation is based upon my personal knowledge, the files maintained in my office, and
conversations with my client.
3. I make this Affidavit in Support of Plaintiff's Order to Show Cause seeking the
following relief:
(A)An Order preliminarily enjoining and restraining Defendant, Yoon Seok Oh (the
"Defendant Yoon Seok Oh"), her agents, tenant(s), and any other occupants of the
apartment located at 238 Ft. Washington Avenue, Apartment No. 7, New York,
New York 10032 (the "Subject Apartment"), from taking any further action in
violation of the lease agreement between Plaintiff Ft. Washington Equities Ltd.
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and Defendant Yoon Seok Oh (the "Lease") and/or in violation of the laws of the
City of New York including, but not limited to:
i. Listing the Subject Apartment for rental and/or subletting on
www.Airbnb.com, and/or similar short-term rental platforms; and
ii. Subletting the Subject Apartment without prior written consent of Plaintiff
Ft. Washington Equities Ltd.
(B) A mandatory injunction compelling Defendant Yoon Seok Oh to immediately
take any and all steps necessary to remedy her breach by removing any and all
listings of the Subject Apartment for rental and/or subletting on
www.Airbnb.com, and/or similar short-term rental platforms and immediately
removing any and all illegal renters, subtenants and any individuals not named on
the Lease from the Subject Apartment.
attorneys'
(C) Awarding Plaintiff fees, costs, and disbursements incurred in
connection with the instant application, pursuant to the Lease.
4. I also submit this Affidavit in Support of Plaintiff's application for temporary
restraining order ("TRO"), enjoining and restraining Defendant Yoon Seok Oh, her agents,
tenant(s), and any other occupants of the Subject Apartment from taking any further action in
violation of the Lease and/or in violation of the laws of the City of New York including, but not
limited to:
(A)Listing the Subject Apartment for rental and/or subletting on www.Airbnb.com,
and/or similar short-tenn rental platforms; and
(B) Subletting the Subject Apartment without prior written consent of Plaintiff Ft.
Washington Equities Ltd.
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5. As set forth in Plaintiff's Verified Complaint, Defendant Yoon Seok Oh has and
continues to commit illegal conduct in violation and material breach of the Lease and the laws of
the City of New York, which has caused and will continue to cause, Plaintiff to suffer irreparable
harm and constitutes a clear and present danger to the health, safety, comfort, and welfare of
other residents or lawful occupants of 238 Ft. Washington Avenue, New York, New York 10021.
BACKGROUND
6. Plaintiff Ft. Washington Equities Ltd. was and stillis the landlord and/or owner of
the subject building located at 238 Ft. Washington Avenue, New York, New York 10021 (the
"Subject Building").
7. On or about June 18, 2010, Defendant Yoon Seok Oh entered into a lease
agreement with Plaintiff for Apartment No. 7 located at the Subject Building (the "Lease").
8. Since Defendant Yoon Seok Oh has renewed the Lease on a bi-
2012, repeatedly
annual basis.
9. Paragraph 16(a) of the Lease provides, in pertinent part, as follows:
You cannot assign this Lease or sublet the apartment without
Owner's advance written consent in each instance to a request
made by you in the manner required by Real Property Law § 226-b
and in accordance with the provisions of the Rent Stabilization
Code and Law, relating to subletting....The first and every other
time You wish to sublet the apartment, You must get the written
consent of Owner unless Owner unreasonably withholds consent
following your request to sublet in the manner provided by Real
Property Law § 226-b.
"A."
S_e_eExhibit
10. Paragraph 11 of the Lease further provides, in pertinent part, as follows:
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You will obey and comply (1) with all present and future city, state
and federal laws and regulations, including the Rent Stabilization
Code and Law, which affect the Building or the apartment, and (2)
with all orders and regulations of Insurance Rating Organizations
which affect the Apartment and Building...[.]
See id.
11. Defendant Yoon Seok Oh's illegal conduct, as set forth above has exposed and
will continue to expose Plaintiff to potential liability to the City of New York, which includes
violations to Plaintiff as owner of the Subject Apartment, for permitting Defendant Yoon Seok
Oh to convert the Subject Apartment and to rent the Subject Apartment on www.Airbnb.com
and/or similar short-term rental platforms.
12. That on or about December 1, 2011, the Department of Buildings investigated a
complaint at the Subject Apartment and issued a DOB Violation for Defendant's illegal
conversion of the Subject Apartment into transient use, by creating four (4) single occupancy
"B."
rooms. S_ee Exhibit
13. Thereafter on or about May 10, 2018, the Department of Buildings investigated
the Subject Apartment and issued an Order to Correct Violations for Defendant Yoon Seok Oh's
"C."
illegal conversion of the Subject Apartment into transient use. S_ee Erhibit
14. That on or about July 8, 2020, the Department of Buildings investigated the
Subject Apartment and issued multiple ECB Violations for converting the Subject Apartment
"D."
into transient use. See Exhibit
15. That Plaintiff was fined in the amount of $125,000.00 for the ECB Violations
" "C," "D."
issued. S_ee Exhibits "B, and
16. Despite the clear and expressed terms of the Lease requiring the prior written
approval of the Plaintiff, as the landlord, for any sublease of the Subject Apartment, Defendant
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Yoon Seok Oh has never submitted a request to sublet the Subject Apartment to Plaintiff, and
Plaintiff has never consented to same.
17. Plaintiff was not aware of Defendant Yoon Seok Oh's illegal conversion of the
Subject Apartment into four (4) single occupancy rooms. Plaintiff has never given Defendant
Yoon Seok Oh consent to do same.
18. As a result, Defendant Yoon Seok Oh is in default and material breach of the
tenns and conditions of the Lease.
19. Paragraph 20(A) of the Lease provides, in pertinent part, as follows:
You must reimburse Owner for any of the following fees and
expenses incurred by Owner:
[ .. . ]
(3) Correcting any violations of city, state or federal laws or orders
and regulations of insurance rating organizations concerning the
apartment or the Building which You or person who live with You,
visit You, or work for You have caused;
[ .. . ]
(6) All other fees and expenses incurred by Owner because of your
failure to obey any other provisions and agreements of this Lease.
These fees and expenses shall be paid by You to Owner as
additional rent within 30 days after You receive Owner's bill or
statement. If this Lease has ended when these fees and expenses
are incurred, You will stillbe liable to Owner for the same amount
as damages.
20. Defendant Yoon Seok Oh's conduct represents a flagrant and repeated violation
and disregard of the tenns of the Lease.
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21. Defendant Yoon Seok Oh has reeatedly violated and continues to violate the
Lease and the New York laws, and is required to immediately remedy same and pay all legal
fees, the violations incurred by the Plaintiff by Defendant Yoon Seok Oh's illegal conduct, and
Plaintiff's cost in connection with this action.
22. Additionally, Defendant Yoon Seok Oh's subletting of the Subject Apartment to
trañsiêñts from various parts of the world, without Plaintiff's prior written consent, or any
consent, places Plaintiff and other tenants and lawful occupants of the Subject Building at great
risk of danger and harm.
23. In fact, the individuals who are subletting the Subject Apartment for transient use
are also in greater danger and risk of harm, since the Subject Building does not have proper fire
and safety protection, as required for transient hotels in New York City.
24. Given the immediate and continued irreparable harm that is being caused by
Defendant Yoon Seok Oh's continued illegal and unauthorized subletting, it is respectfully
rcqucstcd that the Court grant Plaintiff's a TRO and prcMq injunction in order to ensure
that the health, safety, welfare, well-being and comfort of other tenants and lawful cecupañts of
the Subject Building are protected and to avoid further irreparable harm.
WHEREFORE, itis aspectfully regeested that this Court grant the Plaintiff's motion in
attorneys'
its entirety, including an award of fees and costs incurred in connection with this
motion, together with such other and further reliefas this Court deem just, equitable and proper.
E1(O HUANG
Sw rn to before me this
day ofNovember, 2
I'
'C
NOTAR PUB1 k
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Preview
FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________.._____________ ____---------------------X FT. WASHINGTON EQUITIES LTD., Index No.: Plaintiff AFFIDAVIT -against- IN SUPPORT DOE" YOON SEOK OH, "JOHN DOE," "JANE Defendant(s). ------------- -----------X STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) GEORGE HUANG, being duly sworn, deposes and says: 1. I am an officer of Ft. Washington Equities Ltd (the "Plaintiff"), the Plaintiff in the within proceeding. 2. I am fully familiar with the facts and circumstances set forth herein. My affirmation is based upon my personal knowledge, the files maintained in my office, and conversations with my client. 3. I make this Affidavit in Support of Plaintiff's Order to Show Cause seeking the following relief: (A)An Order preliminarily enjoining and restraining Defendant, Yoon Seok Oh (the "Defendant Yoon Seok Oh"), her agents, tenant(s), and any other occupants of the apartment located at 238 Ft. Washington Avenue, Apartment No. 7, New York, New York 10032 (the "Subject Apartment"), from taking any further action in violation of the lease agreement between Plaintiff Ft. Washington Equities Ltd. 1 of 6 FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 and Defendant Yoon Seok Oh (the "Lease") and/or in violation of the laws of the City of New York including, but not limited to: i. Listing the Subject Apartment for rental and/or subletting on www.Airbnb.com, and/or similar short-term rental platforms; and ii. Subletting the Subject Apartment without prior written consent of Plaintiff Ft. Washington Equities Ltd. (B) A mandatory injunction compelling Defendant Yoon Seok Oh to immediately take any and all steps necessary to remedy her breach by removing any and all listings of the Subject Apartment for rental and/or subletting on www.Airbnb.com, and/or similar short-term rental platforms and immediately removing any and all illegal renters, subtenants and any individuals not named on the Lease from the Subject Apartment. attorneys' (C) Awarding Plaintiff fees, costs, and disbursements incurred in connection with the instant application, pursuant to the Lease. 4. I also submit this Affidavit in Support of Plaintiff's application for temporary restraining order ("TRO"), enjoining and restraining Defendant Yoon Seok Oh, her agents, tenant(s), and any other occupants of the Subject Apartment from taking any further action in violation of the Lease and/or in violation of the laws of the City of New York including, but not limited to: (A)Listing the Subject Apartment for rental and/or subletting on www.Airbnb.com, and/or similar short-tenn rental platforms; and (B) Subletting the Subject Apartment without prior written consent of Plaintiff Ft. Washington Equities Ltd. 2 of 6 FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 5. As set forth in Plaintiff's Verified Complaint, Defendant Yoon Seok Oh has and continues to commit illegal conduct in violation and material breach of the Lease and the laws of the City of New York, which has caused and will continue to cause, Plaintiff to suffer irreparable harm and constitutes a clear and present danger to the health, safety, comfort, and welfare of other residents or lawful occupants of 238 Ft. Washington Avenue, New York, New York 10021. BACKGROUND 6. Plaintiff Ft. Washington Equities Ltd. was and stillis the landlord and/or owner of the subject building located at 238 Ft. Washington Avenue, New York, New York 10021 (the "Subject Building"). 7. On or about June 18, 2010, Defendant Yoon Seok Oh entered into a lease agreement with Plaintiff for Apartment No. 7 located at the Subject Building (the "Lease"). 8. Since Defendant Yoon Seok Oh has renewed the Lease on a bi- 2012, repeatedly annual basis. 9. Paragraph 16(a) of the Lease provides, in pertinent part, as follows: You cannot assign this Lease or sublet the apartment without Owner's advance written consent in each instance to a request made by you in the manner required by Real Property Law § 226-b and in accordance with the provisions of the Rent Stabilization Code and Law, relating to subletting....The first and every other time You wish to sublet the apartment, You must get the written consent of Owner unless Owner unreasonably withholds consent following your request to sublet in the manner provided by Real Property Law § 226-b. "A." S_e_eExhibit 10. Paragraph 11 of the Lease further provides, in pertinent part, as follows: 3 of 6 FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 You will obey and comply (1) with all present and future city, state and federal laws and regulations, including the Rent Stabilization Code and Law, which affect the Building or the apartment, and (2) with all orders and regulations of Insurance Rating Organizations which affect the Apartment and Building...[.] See id. 11. Defendant Yoon Seok Oh's illegal conduct, as set forth above has exposed and will continue to expose Plaintiff to potential liability to the City of New York, which includes violations to Plaintiff as owner of the Subject Apartment, for permitting Defendant Yoon Seok Oh to convert the Subject Apartment and to rent the Subject Apartment on www.Airbnb.com and/or similar short-term rental platforms. 12. That on or about December 1, 2011, the Department of Buildings investigated a complaint at the Subject Apartment and issued a DOB Violation for Defendant's illegal conversion of the Subject Apartment into transient use, by creating four (4) single occupancy "B." rooms. S_ee Exhibit 13. Thereafter on or about May 10, 2018, the Department of Buildings investigated the Subject Apartment and issued an Order to Correct Violations for Defendant Yoon Seok Oh's "C." illegal conversion of the Subject Apartment into transient use. S_ee Erhibit 14. That on or about July 8, 2020, the Department of Buildings investigated the Subject Apartment and issued multiple ECB Violations for converting the Subject Apartment "D." into transient use. See Exhibit 15. That Plaintiff was fined in the amount of $125,000.00 for the ECB Violations " "C," "D." issued. S_ee Exhibits "B, and 16. Despite the clear and expressed terms of the Lease requiring the prior written approval of the Plaintiff, as the landlord, for any sublease of the Subject Apartment, Defendant 4 of 6 FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 Yoon Seok Oh has never submitted a request to sublet the Subject Apartment to Plaintiff, and Plaintiff has never consented to same. 17. Plaintiff was not aware of Defendant Yoon Seok Oh's illegal conversion of the Subject Apartment into four (4) single occupancy rooms. Plaintiff has never given Defendant Yoon Seok Oh consent to do same. 18. As a result, Defendant Yoon Seok Oh is in default and material breach of the tenns and conditions of the Lease. 19. Paragraph 20(A) of the Lease provides, in pertinent part, as follows: You must reimburse Owner for any of the following fees and expenses incurred by Owner: [ .. . ] (3) Correcting any violations of city, state or federal laws or orders and regulations of insurance rating organizations concerning the apartment or the Building which You or person who live with You, visit You, or work for You have caused; [ .. . ] (6) All other fees and expenses incurred by Owner because of your failure to obey any other provisions and agreements of this Lease. These fees and expenses shall be paid by You to Owner as additional rent within 30 days after You receive Owner's bill or statement. If this Lease has ended when these fees and expenses are incurred, You will stillbe liable to Owner for the same amount as damages. 20. Defendant Yoon Seok Oh's conduct represents a flagrant and repeated violation and disregard of the tenns of the Lease. 5 of 6 FILED: NEW YORK COUNTY CLERK 11/09/2020 11:47 AM INDEX NO. 159590/2020 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2020 21. Defendant Yoon Seok Oh has reeatedly violated and continues to violate the Lease and the New York laws, and is required to immediately remedy same and pay all legal fees, the violations incurred by the Plaintiff by Defendant Yoon Seok Oh's illegal conduct, and Plaintiff's cost in connection with this action. 22. Additionally, Defendant Yoon Seok Oh's subletting of the Subject Apartment to trañsiêñts from various parts of the world, without Plaintiff's prior written consent, or any consent, places Plaintiff and other tenants and lawful occupants of the Subject Building at great risk of danger and harm. 23. In fact, the individuals who are subletting the Subject Apartment for transient use are also in greater danger and risk of harm, since the Subject Building does not have proper fire and safety protection, as required for transient hotels in New York City. 24. Given the immediate and continued irreparable harm that is being caused by Defendant Yoon Seok Oh's continued illegal and unauthorized subletting, it is respectfully rcqucstcd that the Court grant Plaintiff's a TRO and prcMq injunction in order to ensure that the health, safety, welfare, well-being and comfort of other tenants and lawful cecupañts of the Subject Building are protected and to avoid further irreparable harm. WHEREFORE, itis aspectfully regeested that this Court grant the Plaintiff's motion in attorneys' its entirety, including an award of fees and costs incurred in connection with this motion, together with such other and further reliefas this Court deem just, equitable and proper. E1(O HUANG Sw rn to before me this day ofNovember, 2 I' 'C NOTAR PUB1 k 6 of 6