A recent New York Post article highlighted a case being handled by Kucker Marino Winiarsky & Bittens, LLP. In this case, 82 occupants brought an action against the owner of several Brooklyn buildings and claimed that each of their units should be subject to rent stabilization laws. Nativ Winiarsky, a senior partner at KMWB, is representing the owner of the subject buildings. Mr. Winiarsky contends that many of the plaintiffs were assigned to their residential units by the Department of Homeless Services (DHS) as participants in New York City’s Cluster Program, an emergency homeless program that houses homeless families in buildings that have been registered with the program. While the plaintiffs’ attorneys allege that the occupants are entitled to rent stabilization protections, these units were leased to non-profit organizations and city agencies partnered with the Cluster Program and not to the occupants bringing this suit. Under New York law, non-profit and city organizations are exempt from rent stabilization laws and the subject units should therefore also be exempt. Mr. Winiarsky worries about the potential consequences that a case of this magnitude could have. He maintains that a decision and judgment in favor of the plaintiffs will likely deter building owners from participating in similar city programs designed to combat homelessness.