SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of AFFIDAVIT OF GEORGE CHELSEA BUSINESS & PROPERTY OWNERS” NASHAK IN OPPOSITION ASSOCIATION, LLC, dib/a CHELSEA FLATIRON TO PETITIONERS’ COALITION, REQUEST FOR A PRELIMINARY Petitioner, INJUNCTION For a Judgment Pursuant to CPLR Article 78 Index No. 113194/10 ~against- IAS Part 11 THE CITY OF NEW YORK; SETH DIAMOND, Commissioner for the Department of Homeless Services of the City of New York ("DHS"); GEORGE NASHAK, Deputy Commissioner for Adult Services for DHS; ROBERT D. LIMANDRI, Commissioner for the Department of Buildings of the City of New York ("DOB"); FATMA AMER, P-E., First Deputy Commissioner for DOB; JAMES P. COLGATE, R.A., Assistant Commissioner to Technical Affairs and Code Development for DOB; VITO MUSTACIUOLO, Deputy ‘Commissioner for the Department of Housing, Preservation & Development of the City of New York, BOWERY RESIDENTS' COMMITTEE, INC.; 127 WEST 25th LLC; and DANIEL SHAVOLIAN, Justice Madden Respondents, STATE OF NEW YORK) ss: COUNTY OF NEW YORK ) GEORG! NASHAK, being duly sworn, deposes and says: 1. Lam the Deputy Commissioner for Adult Services of the New York City Department of Homeless Services (“DHS" or the “Agency”), Before my appointment to this position in Apri] 2007, I served for three years as DHS’ Assistant Commissioner for Housing and Program Planning in the Adult Services Division, Prior to my employment at DHS, I worked for18 years at various City agencies and in the nonprofit sector where | provided or oversaw the provision of social services, housing services, mental hygiene services and child protective services to men, women and children in need 2. As Deputy Commissioner for Adult Services, I am responsible for the administration of all aspects of the City’s services for homeless single adults, including an 8,900- bed shelter system comprised of 56 shelters — 50 run by nonprofit providers and 6 operated directly by DHS (the “shelter system” or “shelter”). DHS services to single homeless adults also include a street outreach program for the engagement and placement into housing of street homeless clients, as well as over 9,000 beds of permanent supportive housing separate from the temporary shelter system. 3. submit this affidavit as a named respondent in this proceeding, and on behalf of the City of New York (“City”) and the other Municipal Respondents,’ in opposition to Petitioner Chelsea Flatiron Coalition’s (“CFC”) request for preliminary injunetive relief. I make this affidavit based on my personal knowledge of the facts and circumstances underlying this proceeding, as well as on my conversations with City employees and my review of DHS records. 4. DHS currently in the process of procuring a long-term contract with the Bowery Residents’ Committee (“BRC — one of the C 's most experienced nonprofit providers of temporary emergency shelter for homeless single adults — pursuant to which BRC will operate a temporary emergency shelter for up to 200 single adult men (the “Shelter”) at 127 West 25" Street in Manhattan (the “Site"). CFC seeks to halt DHS’s progress toward the procurement of a legally effective long-term agreement with BRC to operate the Shelter at the 'eth Diamond, Commissioner of DHS; Robert LiMandri, Commissioner of the New York City Department of Buildings ("DOB"); Fatma Amer, P-E., First Deputy Commissioner for DOB; James P, Colgate, R.A., Assistant Commissioner of Technical Affairs and Code Development for DOB; and Vito Mustaciuolo, Deputy Commissioner of the New York City Department of Housing Preservation & Development (“HPD”),Site. As explained below, such an injunction would significantly impair DHS" legal and moral obligation to meet every homeless New Yorker's immediate need for shelter. It also would seriously impede the City’s efforts to expand its shelter capacity for homeless men and women at a time of unprecedented shelter demand, 5, Tunderstand that CFC seeks a court order compelling DHS to submit its contract with BRC to the Comptroller's Office for registration, to conduct environmental review of the proposed project pursuant to the State Environmental Quality Review Act and City Environmental Quality Review Procedure (“SEQRA/CEQR’), to conduct a Fair Share analysis of the Site pursuant to Section 203 of the City Charter, and to conduct the Uniform Land Use Review Procedure (“ULURP”) with regard to BRC’s planned activities at the Site, DHS does not dispute that SEQRA/CEQR and Fair Share review are required to achieve a registered contract for the Shelter. These activities are underw: y currently and, therefore, Petitioner's demands for them are premature. Contract registration is the last step in the City’s procurement process before which all other steps, including conducting a SEQRA/CEQR and Fair Share review, must be completed. 6. DHS will seek to register the contract with BRC for operation of the Shelter with the Comptroller's Office if and when DHS completes all other steps in the Procurement process as required under the City’s Procurement Poliey Board Rules (“PPB Rules”). Priot to submission of the contract for registration, the Agency will complete a SEQRA/CEQR review and Fair Share analysis of the project. DHS has begun both of these reviews and anticipates their completion within approximately four to six weeks, 7. ‘The City has taken no final action with regard to the Site, and will complete all required public reviews before it commits to a final action. Indeed, on November 4,