SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK X ‘THE CITY OF NEW YORK, Index No.: Plaintiff, -against- Affidavit of ERVIN SANTL SMART APARTMENTS LLC, ROBERT KY. CHAN, TOSHI INC, et al., Defendants, STATE OF NEW YORK) ss COUNTY OF NEW YORK ) ERVIN SANTIAGO, being duly sworn, deposes and says: 1. I am a Fire Protection Inspector for the New York City Fire Department (hereinafter the “FDNY”), and I have been so employed for more than two (2) years, since May, 2010. In January, 2011, I was assigned to the Mayor's Office of Special Enforcement (“OSE”), where I serve as a member of the Mayor’s Inspection Task Force ("ITF"). Prior to my employment with FDNY and OSE, I worked for five (5) years in the private sector managing and advising on fire safety issues in approximately three hundred (300) buildings throughout the City. 2. The ITF is composed of inspectors from various New York City agencies, including the FDNY, the New York City Department of Buildings, the New York City Health Department, and the Department of Finance, as well as officers from the New York City Police Department. The ITF’s function is to perform ‘quality of life’ inspections, covering compliance with health, safety and fire codes, in structures located within the five boroughs of the plaintiff, CITY OF NEW YORK [the “CITY”).3. I submit this affidavit, which is based upon both my personal knowledge and my review of pertinent records kept by the CITY and its various agencies, in support of the plaintiffs application for a temporary restraining order, as well as its motion for a preliminary injunction. 4, As part of an official investigation regarding the operation by defendants of illegal short-term rentals of permanent residence apartments in New York City, I participated in Code enforcement inspections of the following locations, conducted on a number of dates: 1. 8 Central Market Pl 16, 115 W. 23rd St 31. 313 W. 47th St. 2 19 Bleecker St 17, LITE. 7th St 32. 317 2nd Ave. 3. 19 W. 46th St. 18, 144 Bleecker St 33, 325 B. 10th St 4, 228. 36th St 19. 153 E. 26th St 34, 338 E. 5th St. 5. 30 Carmine St 20. 157 Suffolk St 35, 350 W. 37th St. 6. 41 W. 46th St 21. 171 Mulberry St 36. 356 W. 39th St. 7. 44.W. 37th St 22, 174 Hester St 37, 406 W. 49th St. 8. 45 Carmine St. 23. 186 S. 8th St.., Bklyn 38, 408 W. 49th St. 9. 65 Bank St. 24, 1885. 8th St., Bklyn 39, 450 Amsterdam Ave. 10. 79 Clinton St 25, 203 E. Ith St. 40, 454 W. 57th St IL, 82 Kenmare St 26. 205 W. 14th St. 41, 536 Madison Ave. 12, 89 MacDougal St 27. 224 B. 48th St 42. 663 Lexington Ave. 13, 100 Charlton St. 28, 230 E, 27th St 43. 808 Driggs, Bklyn 14, 102 Charlton St 29, 240 E. 27th St. 44, 1068 2nd Ave. 15, 107 B. 60th St. 30. 261 W. 218t. St. 5. During the ITF inspections, illegal transient occupancies of less than 30-days were verified by the ITF to exist in the great majority of those locations (those which were not verified at the time of inspection are in italics). In all of those locations, I observed violations of various fire safety protection provisions of the Fire Code designed to protect transient occupants; and in addition other fire safety violations which would increase the risk to transient occupants who are unfamiliar with the premises and evacuation routes in the event of fire. Copies of the violation notices and Criminal Court complaints/summonses which I issued with respect to those violations, and which show the dates of inspection, are contained in Exhibit “24” to the City’s Order to Show Cause. 26. The types of fire protection measures required for transient accommodations for which I issued violations with respect to those locations include: (a) the absence of fire alarm systems connected to a central station [FC907.2]; (b) absence of in-line smoke detectors [FC907.20.5 and 907.20.6]; (c) absence of a fire safety director where required for transient ‘occupancies [FC401.6.5.2]; (d) absence of a fire safety and evacuation plan where required for transient occupancies [FC404.2.1(8)]; (e) absence of or inadequate number of portable fire extinguishers [FC906.1(1)], (¢) absence of a diagram depicting two evacuation routes to be posted on or immediately adjacent to means of egress door from each transient guest room [FC408.8.1]; (f) failure to maintain means of egress as required for transient occupancies [FC1027.1}; (g) exit doors in public areas swinging against the flow of egress, and absence of or defective exit signage [FC904.10.6], (h) absence of or defective emergency illumination (FC107.1). 7. With respect to sprinkler systems as required for transient occupancies [FC 903.2, which references the Building Code], in instances where those systems are not installed, issuance of violations is under the jurisdiction of the Department of Buildings. In instances where they are installed, 1 issued violations related to sprinkler system maintenance [FC901.6.2.1 (record-keeping) and 903.5 (general maintenance)}. Copies of violations which 1 issued are contained in Exhibit “24”. 8. With respect fire safety violations found at the locations listed in the table above, which are under the jurisdiction of the Department of Buildings, members of the ITF from the Department of Buildings issued the violations accordingly. Those violations are contained in Exhibit “24”,9. For those locations (listed in italic in the table above) at which the ITF was not able to directly verify illegal transient use at the time of inspection because of lack of access to individual apartments, I nevertheless observed an absence of fire safety protection measures in the public spaces of those buildings which are required for the protection of transient occupants. In those spaces I observed that there were no fire alarm systems, nor any sprinklers in 5 of the 9 locations, 10. As part of the investigation regarding the operation by defendants of illegal short-term rentals of permanent residence apartments in New York City, on June 12, 2012, I conducted a search of FDNY records, specifically the Fire Prevention Information ‘Management System (“FPIMS”), with respect to the following locations in Manhattan and Brooklyn (all being the same as in the table in Paragraph 4, except for the inclusion of 135 Metropolitan Ave., 174 Broadway, and 465 Grand St. in Brooklyn, and 408 W. 51° St. in Manhattan): 1.19 Bleecker St, 16. 117, 77th St. 31. 261 W. 218t. St 2. 19 W. 46th St. 17. 135 Metropolitan Ave.., Bklyn 32, 313 W. 47th St 3. 22. 36th St. 18. 144 Bleecker St 33. 317 2nd Ave. 4, 30 Carmine St, 19. 153 E, 26th St. 34, 325 E. 10th St. 5. 41 W. 46th St. 20. 157 Suffolk St. 35, 338 B. 55th St. 6. 44.W. 37th St. 21, 171 Mulberry St. 36. 350 W. 37th St. 7. 45 Carmine St. 22, 174 Broadway, Bklyn 37. 356 W. 39th St. 8. 65 Bank St. 23, 174 Hester St. 38. 406 W. 49th St. 9. 79 Clinton St. 24, 186 S. 8th St.., Bklyn 39. 450 Amsterdam Ave. 10. 82 Kenmare St, 25, 188 S. 8th St.,, Bklyn 40. 454 W. 57th St. 11. 89 MacDougal St. 26, 203 E. 14th St. 41. 465 Grand St.., Bklyn 12, 100 Charlton St. 27. 205 W. 14th St. 42, 536 Madison Ave. 13, 102 Charlton St. 28, 224 E. 48th St. 43. 663 Lexington Ave. 14. 107 E. 60th St. 29. 230 E. 27th St. 44, 808 Driggs, Bklyn 15. 115 W. 23rd St. 30. 240 E. 27th St. 45, 1068 2nd Ave, 11. The FPIMS system is a computer network detailing vital building information for all FDNY fire prevention personnel and their respective units (District Offices) throughout the five boroughs. FPIMS inquiries can be made for buildings in NewYork City on a building-by-building basis using an (8) eight digit account number established by a specific Fire Prevention Unit. An Alpha prefix denotes the type of account a building might have. For example N = Fire alarm system, G = Sprinkler/Standpipe and Commercial Cooking Systems, B = Hi-Rise, Public Assembly and Cabarets, P = Refrigeration, S = Storage of Liquid Petroleum Gas and other compressed gases. The FPIMS system also informs Fire Department personnel concerning, violations issued, FDNY testing and inspection dates, building ownership and building personnel certified by FDNY to conduct fire safety tasks. ‘These are just some of the vital statistics FDNY personnel can retrieve from the FPIMS system. 12, In my examination of the FPIMS accounts for the locations listed above, I encountered not one instance in which a fire alarm system required for transient use occupancy or hotel is acknowledged or registered, and not one instance in which such a system has been on-site tested with the department for transient use. 13, 1 also conducted a follow-up review of the FPIMS records for those locations on June 26, 2012, in conjunction with a supervisor from the Fire Alarm Inspection Unit located at FDNY headquarters in Brooklyn, During that review with the Fire Alarm Unit, it was confirmed that the appropriate fire alarm system account for transient use occupancy/hotel did not exist for any of the buildings in question. ERVIN SANTIAGO. ‘Swom to before me on the 4th day of October, 2012 - RICHARD M. HAs Notary Pu iat a Ne ork an Qualiied in New York: My Commission Expires. oo a0