Dear Tenants:
I am writing to let you know that today I filed a new emergency court application in the Albany County Supreme Court in our case against the Public Service Commission and the Landlord.
The purpose of this application is to ask the Court to reconsider its March 9, 2026 refusal to sign a new temporary restraining order (TRO), and then to issue a new TRO stopping the Landlord from continuing to bill tenants for submetered electricity while the case is pending.
In plain English, we are telling the Court three things.
First, the Court’s March 9 ruling appears to have been based on a misunderstanding of what happened before Justice Moyne in New York County. Justice Moyne did not deny TRO relief on the merits. He transferred the case to Albany County and vacated the old TRO in that procedural context, but he did not decide the issues of irreparable harm, likelihood of success, and balance of equities. We are therefore asking Justice Farrell to reconsider the prior ruling and to treat this as a proper request for a new TRO in the court where the case is now pending.
Second, the facts have changed since March 9. The Landlord has now begun billing tenants for submetered electricity, and tenants are already receiving bills and falling into arrears. Some tenants have now received two monthly bills in less than 30 days. Those bills show that the harm is no longer theoretical. It is happening now. The highest arrears I have seen so far is over $1,300 in less than 30 days, which is ridiculous.
Third, we submitted new evidence showing that submetering should never have been implemented in these buildings without proper legal and safety protections. That includes evidence of serious financial harm to tenants and evidence concerning the fatal fire at Roosevelt Landings involving electrical wiring in the area of an electric heater and AC unit.
What we are trying to accomplish is simple: we want the Court to restore the 50-year status quo while the legality of submetering is being reviewed. In other words, we are asking the Court to stop the billing now, before more tenants are pushed into arrears, threatened with eviction, or otherwise harmed by charges that we contend are unlawful.
I am attaching a copy of the affirmation I filed so that tenants can see exactly what arguments were made to the Court, and the exhibits. Please take a look at the attached Fire Marshal’s report about the fatal fire that occurred at Roosevelt Landings.
As always, I will keep everyone updated.
Sincerely,
F. William Salo, Esq.