SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE CITY OF NEW YORK, Plaintiff, AFFIDAVIT -against- SMART APARTMENTS LLC, ROBERT X.Y. CHAN, and TOSHI INC., et al., Defendants. STATE OF NEW YORK) COUNTY OF NEW YORK ) — JOHN BIGOLSKI, being duly sworn, deposes and says: 1. I am a Senior Investigator for the Mayor's Office of Special Enforcement ("OSE"), where I serve as a member of the Mayor’s Inspection Task Force ("ITF"). The ITF is composed of inspectors from the Buildings, Fire and Health Departments and officers from the New York City Police Department. The ITF's function, among other things, is to perform health, safety, fire and building code inspections in structures located in the five boroughs of New York City. 2. submit this affidavit, which is based upon my personal knowledge, in support of the plaintiff's application for a temporary restraining order and motion for a preliminary injunction.3. As part of an official investigation regarding the operation by defendants of illegal short-term rentals of permanent residence apartments in New York City, on the dates indicated in this affidavit, I accessed a series of internet web sites which advertise such accommodations. 4, On each of the web sites listed in Paragraph 6 below, I found advertisements for short-term apartment accommodations in buildings which OSE has determined as being operated by defendants. ‘The investigation was conducted by comparing photographs of apartments advertised on those web sites with the apartment photographs contained in defendants’ ‘smartpartments’ photostream” sets on www. flickr.com, 5. Printouts of the specific web pages which I visited and observed for the comparison are attached as Exhibit "17". The exhibit has for each web site visited a page identifying the URL for the specific apartment on that web site, followed by a printout of the specific apartment page (if in French or Italian in both the original language and in English through a Google translation), and then a printout of the comparison page from flickr.com.+ Each of the printouts is an accurate representation of the actual web pages visited. " A flickr.com web page is not included for the accommodation advertised on www-backpage.com, since the identifying address, confirmed by OSE as being used by defendants, isin the advertisement. 26. The web sites on which I observed advertisements for apartments identified by OSE as being operated by defendants for short-term stays are: a. www.airbnb.com, visited on October 3, 2012. b. www.apartime.com, visited on October 3, 2012. c. www. backpage.com, visited on September 12, 2012. d. www. feelnyc.com, visited on October 3, 2012. e. www. flipkey.com, visited on October 3, 2012. £. www. holidaylettings.co.uk, visited October 3, 2012. g. www.homelidays.com, visited on October 3, 2012. h. www. istopover.com, visited on August 15, 2012. i. www, livingmanhattan.com, visited October 3, 2012. j. www.only-apartments.fr, visited on October 3, 2012, k. www, roomorama.com, visited on August 15, 2012. 1. www. rootstravel.com, visited on October 3, 2012. m. www.vacationrentals.com, visited October 3, 2012. n. www.vrbo.com, visited on October 3, 2012. ©. www. 9flats.com, visited October 3, 2012. 7, In addition to the foregoing web search, I have collected information concerning "311" citizen complaints made to the City government, of short-term transient guests staying in those residential apartment buildings identifiedby OSE as being used by defendants for short-term stays. Records of those complaints are maintained by the New York City Department of Buildings on its Buildings Information System ("BIS"), a public system which has information for all buildings in New York City on a building-by-building basis. 8. Complaints of illegal short-term transient use of units in buildings are categorized in BIS as "4a" complaints, and are described in the system as “Illegal Hotel Rooms in Residential Buildings”, the term “illegal hotel” being the colloquial, convenient expression for the more formal legal September 28, 2012, of the residential locations which OSE has determined that units are being or have been operated by defendants, 151 citizen complaints in 42 of those buildings have been registered in BIS. They are distributed as follows: 8 Centre Market PI 3 107 E, 60th St 2 19 W, 46th St 2 IS W. 234d St H 228, 36th St 8 LITE, 7h St 2 30 Carmine St 15 135 Metropolitan Ave, Bkym | 2 41.W, 46th St 2 153 B, 26h St 3 44 W. 37h St 1 157 Suffolk St 2 45 Carmine St 2 171 Mulberry St 2 65 Bank St 2 174 Broadway, Bklyn 1 79 Clinton St 2 174 Hester St 2 100 Charlton St 3 186 S 8th St, Bklyn i 102 Charlton St 7 188 8, 8th St, Bklya H203 B. Lath St 1 356 W. 39th St 1 205 W. 14th St 2 406 W. 49th St 2 224 E, 48th St 2 408 W. 49h St 2 240 B. 27th St 3 450 Amsterdam Ave 1 261 W.2istSt 3 458 W, STthSe 2 313 W. 47th St 7 465 Grand St, Bkiyn 7 317 2nd Ave 3 5336 Madison Ave 1 325. 10thSt 9 663 Lexington Ave 1 338. SSihSt 8 808 Driggs, Bklyn 10 350 W. 37th St 2 1068 2nd Ave 2 9. Among other building information recorded and made available to the public in BIS are records of fire safety violations issued by the New York City Fire Department which are scheduled for hearing at the Environment Control Board (*ECB"). 10. As of September 28, 2012, of the residential buildings which OSE has determined to have units being or having been operated by defendants, 90 ECB Fire Department violations have been issued in 28 of those buildings, distributed as follows [see table on following page]: 19 Bleecker St 8 £89 MacDougal St 3 [iow 46th St 6 115 W. 23rd St 7 22, 36th St 3 TITE. 7hthSt 2 41 W. 46th St 6 144 Bleecker St 4 44 W. 37th St 3 153 E. 26th St 7 79 Clinton St 2 157 Suffolk St i 82 Kenmare St 3 171 Mulbery St 2174 Broadway, Bklyn 1 350 W. 37thSt 9 174 Hester St 1 450 Amsterdam Ave 2 186 S. 8th St, Bly 3 465 Grand St, Bkiyn 1 188 S. 8th St, Bklyn 3 536 Madison Ave 4 203 E, Vth St 1 (663 Lexington Ave 2 205 W. 14th St 2 808 Driggs, Bkiyn 1 224 F. 4th St 1 240. 27thSt 2 This list of violations does not include non-ECB violations issued by the Fire Department or fire safety-related violations issued by the Department of Buildings. HN BIGOLSK’ Sworn to before me this day of October, 2012 Notary Public DIANE ar tNO LEONARD oo ae, SELES 5/13