SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS

ELIZABETH S. CROWLEY, in her capacity as a

New York City Council Member, JOSEPH P. ADDABBO
JR., in his capacity as a New York State Senator,
MARGARET M. MARKEY, in her capacity as a
New York State Assemblv Member.
Plaintiffs,

SUMMONS
-against-

Tm

CITY OF NEW YORK ("NYC"); STEVEN BANKS,

Commissioner of the New York City Department
of Homeless Services ("DHS") and Commissioner of the
New York City Human Resources Administration/
Department of Social Services ("HRA";;

Index No.:
Date Purchased:

Defendants.

To The Above-Named Defendants:

Plaintiffs designate Queens Corurty

as the place

of trial. The basis for such venue is that

the location of the subject matter of this action is within Queens County.

YOU ARE SUMMONED to answer the Complaint in this action and to serve a copy of
your Answer, or, if the Complaint is not served with this Summons, to serve
Appearance, on the

Notice

of

Plaintiffs' attorney within twenty (20) days after the service of this

Summons, exclusive of the day of service (or within thirty (30) days after the service is complete

if this Summons is not personally delivered to you within the

State of New

Yot$;

and in case

your failure ta appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.

Dated: New York, NY

August 30,2016

of

By:
ilman, Esq.

Atiorndyfvf Plainrffi
250 Broadway, Suite 1765
New York, NY 10007
Tel. No.: (2I2) 788-7381

TO:
City of New York
c/o Corporation Counsel Zachary W. Carter
100 Church St.
NewYork,NY 10007
Steven Banks
Commissioner of the New York City Department of Homeless Services
33 Beaver Street
NewYork,NY 10004
Steven Banks
of Social
Commissioner of the New york City Human Resources Administration/Department
Services
150 Greenwich Street
40th Fl.
New York, NY 10007

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS

ELIZABETH S. CROWLEY, in her capacity as a

New York City Council Member, JOSEPH P. ADDABBO
JR., in his capacity as a New York State Senator,
MARGARET M. MARKEY, in her capacity as a
New York State Assembly Member,

Plaintiffs,
Index No.
-against-

TI{E CITY OF NEW YORK ("NYC"); STEVEN BANKS,

Commissioner of the New York City Department
of Homeless Services ("DHS") and Commissioner of the
New York City Human Resources Administration/
Department of Social Services ("HRA";;

COMPLAINT

Defendants.

THE PARTIES

l.

plaintiff Eli zabeth S. Crowley is a New York City Council Member elected to represent

The 30th
the 30th Council District and all New York City residents with respect to citywide maffers.

Council District includes the neighborhood of Maspeth'

2.
Senate

plaintiff Joseph p. Addabbo Jr. is aNew York State Senator elected to represent the 15th

District, which includes the neighborhood of Maspeth'

3.

plaintiff Margaret M. Markey is a New York State Assembly Member elected to

represent the 30th Assembly District, which includes the neighborhood of Maspeth'

4.

duly
Defendant The City of New York ("NYC") was and is a municipal corporation

organizedand existing by virtue of the laws of the State of New York.

Defendant Steven Banks is the Commissioner of the New York City Departrnent of

5.

Homeless Services

("DHS') and is also the Commissioner of the Human Resources

Administration/Department of Social Services ("Im.A"). DHS is a mayoral agency of New York City
responsible for enforcing and administering provisions of the Administrative Code as they apply to the

provision of services for the homeless. HRA is a mayoral agency that is dedicated to fighting poverfy and
to
income inequality by providing New Yorkers in need with essential benefits, including but not limited
programs aimed at preventing homelessness.

F'ACTUAL BACKGROI]NI)
a
On or about July 29,2016, DHS informed Plaintiff that it was planning to convert

6.

Maspeth, NY
newly constructed Holiday Inn Express hotel ("Holiday Inn"), located at 59-40 55th Road,

Il3lg,into

a homeless shelter

for adult families andthatit would contact Queens Community Board 5.

On or about August

3,

2-AI6,a meeting was held with DHS staffl, HRA staff, and

with

representatives from the Mayor's office to discuss the proposed Holiday Inn conversion'

g.

a Maspeth
Commissioner Banks attended a public town hall meeting organized by

DHS's intention to convert the

resident at Martin Luther High School on August r1,2016 and reiterated
Holiday Inn into a shelter by October 1,2016.

g.

at Martin
DHS did not attend a Queens Community Board 5 meeting prior to the meeting

Luther High School on August

II,20l6to

discuss its Holiday Inn conversion proposal'

APPLICABLE LOCAL LAW

10.

facility that
The Holiday lnn website states that the subject Holiday lnn is a 115 room

stereo/radio, a twoline
offers in-room f-eatures including, but not limited to cable/satellite television,
phone, and a mini-refrigerator-

11.

"no homeless family shelter

New york City Administrative Code g 2l-I24(b) states that

and cooking facilities and an

shall be established which does not provide a bathroom, a refrigerator
adequate sleeping area

12.

within each unit within the shelter"""

include but are

As referenced in Administrative Code $ 2l-309(a)(2) cooking facilities

o.secured burners and other equipment as may be necessary to prepare meals for a family,
not limited to

[and] a kitchen-sffle sink,

13.

.-.."

equipment that would

Upon information and belief, the hotel rooms do not contain

install such facilities'

constitute cooking facilities nor are renovations underway to
AS AIID FOR A CAUSE OF ACTION

14.

contained in
Plaintiffrepeats, reiterates, and realleges each and every allegation

same force and effect as

paragraphs of the complaint numbered 1 through 13 with the

if herein

set

forth at

length.

15.

cooking facilities violates

Use of hotel rooms as homeless family shelters without

rooms be equipped with same'

Administrative Code $ 21-124(b) which requires that such

WHEREFORE, Plaintiffs request that this Court:

L.

family shelter would be in

Declare that use of the Holiday Inn as a homeless

violation of Administrative Code $21-Qa$);

b'AjudgmentenjoiningDefendants&omconvertingtheHolidaylnnintoa
homeless shelter in violation of the Administrative Code;

c.

Dated:

Award Plaintiffs such other and further relief

as the

court

deems

just and proper'

New York, NY
August 30,20L6
Respectfu llY submitted,

Maihftan, Esq.

,l,tiorieyfor Pldintffi
250 BroadwaY, Suite 1765

NewYork,NY

10007

Tel. No.: (212) 788-7381