Zach Ephron

March 21, 2026

Urgent: Submetering Bills Due March 24 + Tenants' Meeting Monday March 23 at 7PM - Please Read

Dear Tenants,
 
Important:  We are holding a General Tenants' Meeting on Monday, March 23, 2026 at 7:00 PM at La Hermosa Church, 5 W 110th St, New York, NY 10026. Please attend if you can  —  I will answer all your questions about the submetering bills in person.
 
I am writing about the submetering bills that management has recently issued, which are currently due on Tuesday, March 24, 2026.
 
As many of you know, these bills are being challenged in our pending court case before Justice James Farrell in Albany County Supreme Court. We have asked the Court for emergency relief to stop collection of these bills while the case is decided. As of tonight, Justice Farrell has not yet ruled.  Until he does, there is legal uncertainty, and I cannot tell you as a group whether to pay or not to pay — that is a decision each of you must make based on your own circumstances.
 
What every tenant should do right now:
 
  1. Send me a copy of your submetering bill immediately if you have not already done so.
  2. Keep all pages of your bill, the envelope, and any related notices.
  3. If you choose to pay, write the words "Paid Under Protest — Disputed Charge" in the memo line of your check or electronic payment, and keep proof of payment.
  4. If you choose not to pay [or you cannot afford to pay], keep your bill and all related documents and let me know immediately.
  5. You have the right under New York law to dispute your bill in writing directly with Metergy Solutions.  To do so, send a written dispute by email to customerservice@metergysolutions.com and keep a copy.  State that you dispute the charge, the amount of kilowatt hours, and that the matter is under active judicial review.  A written dispute may provide some protection while the dispute is being investigated.
  6. If you communicate with management or Metergy for any reason, do so in writing whenever possible, and save copies of everything.  Be very cautious of signing any documents they send you, if any.
  7. Do not throw anything away.
 
A question about your bill: Some of the bills we have received from tenants show electricity usage of 900 to 1,500 kilowatt-hours per month, which appears very high for a residential apartment. Please look at your bill carefully and let me know whether the usage amount shown seems accurate to you, or whether you have any reason to believe it does not reflect your actual electricity consumption. This information may be important
 
Building Safety — Baseboard Heaters and Electrical Wiring:
We have credible evidence that a neighbor at Roosevelt Landings recently died in a fire that was caused by faulty wiring in the area of an electric baseboard heater in their apartment. FDNY issued four serious fire code violation summonses to building management as a result of this incident. We are continuing to investigate this tragedy and gather information about the condition of the electrical wiring and heating equipment throughout our buildings. We are not in a position at this time to make specific legal claims about what this means for the submetering litigation, but we are looking into it carefully and taking it very seriously.
If you have experienced any problems with your baseboard heater or electrical outlets — including overheating, burning smells, sparking, tripping breakers, or any other electrical issues — please document those conditions in writing and send me a description as soon as possible. Photographs are especially helpful. Do not attempt to repair anything yourself. If you believe there is an immediate safety hazard, please report it to building management in writing and contact 311.
 
Possible Help from the Legal Aid Society:
I recently participated in a conference call with a Staff Attorney at the Legal Aid Society's Housing Group. The discussion was encouraging, and it appears that Legal Aid may be able to offer legal support in the battles we are facing — both in the Article 78 proceeding currently before Justice Farrell and potentially in Housing Court proceedings related to building conditions and safety. Nothing is final, and Legal Aid's participation depends on internal approvals that have not yet been obtained. We expect to know more within the next two weeks. This would be a very significant development for all of us, and I will update you as soon as I have more information.
 
Tenants' Meeting — Monday, March 23, 7:00 PM: La Hermosa Church, 5 W 110th St, New York, NY 10026.
 
I will provide a full update on the litigation, answer your questions about the submetering bills, and discuss next steps. This meeting is important. Please make every effort to attend, and please spread the word to your neighbors who may not be on this email list.
 
I know this situation is stressful and unfair. I am pressing the tenants' case as hard as I can on every available front, and I will update everyone as soon as the Court issues a ruling.
 
Please send me your bill as soon as possible, and please come to the meeting on Monday night.
 
F. William Salo, Esq.
Trial Attorney
1295 Fifth Avenue, 18-C
New York, NY 10029
Tel:  212-517-3050
Fax:  212-517-3055
Cel:  917-968-2517

About Zach Ephron

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