Town - of - Riverhead - V - Geoffrey - Freeman Et Al

FILED: SUFFOLK COUNTY CLERK 02/21/2020 02:51 PM INDEX NO.
603403/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2020
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK
-------------------------------------- - - X
TOWN OF RIVERHEAD,
SUMMONS
Plaintiff,
Index No.:
-against-
Date of Filing: 2/21/2020
Plaintiff designates
Suffolk County as the
place of trial.
GEOFFREY FREEMAN, PAMELA HOGREFE.,

MARIA DELGADO, a/k/a MARIA DURAN, JOSE Plaintiff's Address:
"1"
DURAN and JOHN or JANE DOE NO. through 200 Howell Avenue
JOHN or JANE DOE NO. "10", the last ten names being Riverhead, New York 11901
fictitious names being and intended to be unknown
individuals residing in the structures situated upon the The basis of venue is
parcel of property located at 1050 Harrison Avenue, Plaintiff's residence/principal
Riverhead, County of Suffolk, Town of Riverhead, State place of business
of New York,
Defendants.
----------- ---- ------------------------- x
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY 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 sm=ans,
to serve a notice of appearance, on Plaintiffs attorney(s) within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the verified complaint.
Dated: February 21, 2020
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FILED: SUFFOLK COUNTY CLERK 02/21/2020 02:51 PM INDEX NO. 603403/2020
Yours, etc.,
ROBERT F. KOZAKIEWICZ, ESQ.

Riverhe wn Attorhey
Atto ey forfl
By:
. OWARD, ESQ.
eputy Town Attorney

200 Howell Avenue
Riverhead, New York 11901
(631) 727-3200
Defendants'
addresses:
GEOFFREY FREEMAN
129 Riverside Drive
PAMELA HOGREFE
129 Riverside Drive
MARIA DELGADO, a/k/a MARIA DURAN

1050 Harrison Avenue
JOSE DURAN
1050 Harrison Venue
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK
- ---------------- ---- ------ ---- - - - - - - - - - - X
TOWN OF RIVERHEAD,
VERIFIED COMPLAINT
Plaintiff,
Index No.: 20-
-against-
Date of Filing: 2/21/2020
GEOFFREY FREEMAN, PAMELA HOGREFE.,

MARIA DELGADO, a/k/a MARIA DURAN, JOSE
"1"
DURAN and JOHN or JANE DOE NO. through
JOHN or JANE DOE NO. "10", the last ten names
being fictitious names being and intended to be unknown

individuals residing in the structures situated upon the
parcel of property located at 1050 Harrison Avenue,
Riverhead, Town of Riverhead, County of Suffolk,

State of New York,
Defendants.
- --------------------------------------- - X
Plaintiff, complaining of the Defend:=±=, by its attorney, Robert Kozakiewicz, Riverhead
Town Attorney, by Erik C. Howard, Deputy Town Attorney, respectfully alleges at all times upon
information and belief as follows:
THE PARTIES
1. Plaintiff, Town of Riverhead, is a muñicipal corporation with its principal offices
located at 200 Howell Avenue, Riverhead, Town of Riverhead, County of Suffolk, State of New
York.
2. Upon information and belief, and at all times hereinafter mentioned, Defendant,
GEOFFREY FREEMAN was and is an individual residing at 129 Riverside Drive, Riverhead,
New York 11901.
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3. Upon information and belief, and at all times hereinafter mentioned, Defêñdâñt,
PAMELA HOGREFE was and is an individual residiñg at 129 Riverside Drive, Riverhead, New
York 11901.
4. Upon information and belief, and at all times hereinafter mentioned, Defendant
MARIA DELAGO, a/k/a MARIA DURAN was and is an individual residing at 1050 Harrison
Avenue, Riverhead, New York 11901.
5. Upon information and belief, and at all times hereinafter mentioned, Defendant,
JOSE DURAN was and is an individual residing at 1050 Harrison Avenue, Riverhead, New York
11901.
6. Upon information and belief, and at all times hereinafter mentioned, the
"1" "10"
Defendants, John or Jane Doe No. through John or Jane Doe No. are fictitious names
being and intended to be unknown individuals residing in the single family residence situated on
the easterly side of Harrison Avenue, known and designated as 1050 Harrison Avenue, Town of
Riverhead, County of Suffolk, State of New York, and which parcel of property is more
particularly described on the Suffolk County Tax Map as District 0600, Section 108.00, Block
03.00, Lot 001.000 (hereinafter referred to as the "subject premises").
FACTS
7. The subject premise is situated within Hamlet Residêñtial (HR) Zoning Use District
within the Town of Riverhead.
8. At all times relevant to this Defendants possessed a Letter of Pre-

Complaint,
Existing Use issued by the Building Department of the Town of Riverhead solely for the use and
occupancy of the premises as a Single Family Residence with Two (2) Car Detached Garage.
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9. Upon information and belief, Defendants, GEOFFREY FREEMAN & PAMELA
HOGREFE acquired title to the subject premises by Deed dated September 16, 2005 which Deed
was thereafter filed in the Suffolk County Clerk's Office on or about October 7, 2005.
10. Upon information and belief and at all times hereinafter mentioneA Defendants,
GEOFFREY FREEMAN & PAMELA HOGREFE did not and do not reside in the single family
residence situated upon the subject premises.
11. On or about June 28, 2017, GEOFFREY FREEMAN & PAMELA HOGREFE
Defendants submitted a Town of Riverhead Rental Permit Application pursuant to Chapter 263 of
the Riverhead Town Code.
12. In submining the aforementioned Rental Permit Application, Defedants submitt-1
a sworn Engineer's Report certified by Defendant, GEOFFREY FREEMAN as a duly Licensed
Professional, Registered Architect, No. 010673.
13. On or about July 18, 2017, Defendants acquired a Town of Riverhead Rental Permit
pursuant to Chapter 263 of the Riverhead Town Code and said Rental Permit expired on July 18,
2019.
AS AND FOR A FIRST CAUSE OF ACTION SEEKING INJUNCTIVE RELIEF
14. Plaintiff repeats and reiterates each and every allegation set forth above as if set
forth more fully herein.
15. Upon information and belief and at all times hereinafter mentioned, on a specific
date unknown to the Plaintiff but from on or about July 18, 2019 to the present, Defendants,
"1"
MARIA DELGADO, a/k/a MARIA DURAN, JOSE DURAN and John Doe No. through John
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"10"
Doe No. resided in the single family residence situated upon the subject premises, with said
individüãls paying rent to the Defendants GEOFFREY FREEMAN and PAMELA HOGREFE.
16. Riverhead Town Code §263-19(A) entitled "Presumptive Evidence Dwelling Unit
is Rented", states that:
The presence or existence of any of the following shall create a

presumption that a dwelling unit is rented:
(1) The dwelling unit is occupied by someone other than the owner
and the owner of the dwelling unit represents, in writing or
otherwise, to any person, establishment, business, institution or
government agency that he resides at an address other than the
dwelling unit in question;
(2) Persons residing in the dwelling unit represent that they pay rent
to the owner of the premises;
(3) Utilities, cable, telephone or other services are in place or are

requested to be installed or used at the dwelling unit in the name
of someone other than the owner; or
(4) Testimony by a witness that it is common knowledge in the
community that a person other than the owner resides in the
dwelling unit.
date unknown to Plaintiff, but from on or about July 18, 2019 to the present other unidentified,
"1"
adults, numbering at least three (3), two (2) unidentified children and John Doe No. through
"10"
John Doe No. resided in the single family residence with said individuals paying rent to
Defendants GEOFFREY FREEMAN and PAMELA HOGREFE, cons6hiting presumptive
evidence that the subject premises is rented as set forth in Riverhead Town Code §263-19(A)(2).
date unknown to Plaintiff but from at least July 18, 2019 to the present, Defendants GEOFFREY
FREEMAN and PAMELA HOGREFE did not reside in the single family resider-ce situated upon
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the subject premises constituting presumptive evidence that the subject premises is rented as set
forth in Riverhead Town Code §263-19(A)(1).
19. On or about September 25, 2019, code enforcement officials employed by Plaintiff
appeared at the subject praises in response to complaiñ‡s from the community concerning the
condition of and number of occupants at the subject premises and in the course of such
investigation received information that at least five (5) adults and two (2) children were occupyiñg
and renting the subject premises for the sum of at least $1,650.00 per month.
20. Riverhead Town Code §263-19(A) entitled "Presumptive Evidence of Owners
Residence", states that:
It shall be presumed that an owner of a dwelling unit does not reside

within said dwelling unit if one or more of the following sets forth an
Address which is different than that of the dwelling unit:
(1) Voter registration;
(2) Motor vehicle registration;
(3) Driver's license; or
(4) Any other document filed with a public agency.
21. Upon information and documents filed with public agencies D f

belief, =d==+s,
GEOFFREY FREEMAN and PAMELA HOGREFE, presumptively do not reside within the
subject premises pursuant to Town Code §263-19(A).
22. Upon information and belief and at all times hereinafter mentioned the occupants
"1"
of 1050 Harrison Avenue and John Doe No. through John Doe No. "10", are not members of
the immediate family of Defendants, GEOFFREY FREEMAN and PAMELA HOGREFE as set
forth in Riverhead Town Code §263-3.
23. Riverhead Town Code §263-4(A) entitled "Rental Occupancy Permit Required",
states that:
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It shall be unlawful and a violation of this chapter and an offense within

the meaning of the Penal Law of the State of New York for any person
or entity who owns a dwelling unit in the Town to use, establish,
maintain, operate, let, lease, rent or suffer or permit the occupancy and
use thereof as a rental occupancy by someone other than the owner or
his immediate family without first having obtained a valid rental
occupancy permit therefor. Failure or refusal to procure a rental
occupancy permit hereunder shall be deemed a violation.
24. Defendants failed to renew the Rental Occupancy Permit for the single family
residence situated upon the subject premises.
25. Riverhead Town Code §263-5(A) provides, in pertinent part, "An application for a
rental occupancy permit for a rental dwelling unit shall be made in writing to the Code
therefor."
Enforcement Official on a form provided The application requires the applicant to
provide significant and important information including but not limited to the name and contact
information for the property owner, proof of the owner's residence, description of the stracture to
be rented, including the number of dwelling units, an accurate floorplan of the structure, the
number persons to reside in a dwelling unit, names of occupants, copies of any Certificates of
Occupancy for the structure/dwelling units to be rented, a survey of the premises, and copies of
any relevant Building Permits related to the structure and/or dwelling units. Further, an applicant
is required to provide a duly sworn acknowledgement stating that the applicant is aware of and has
reviewed provisions of the Town Code related to rental dwelling units.
26. With respect to renewal of a Rental Occupancy Permit, Town Code §263-9(B)(1)
states, "A renewal rental occupancy permit applicatioñ signed by the owner on a form provided by
the Code Enforcement Official shall be completed and filed with the Code Enforcement Official
no later than 60 days before the expiration of any prior.valid rental occupañcy permit. A rcñcwal
rental occupancy permit application shall coñtain a copy of the prior valid rental occupancy permit
Official."
issued by the Code Enforcement
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27. The Rental Occupancy Permit previously issued to Defeñdañts, Geoffrey Freeman
and Pamela Hogrefe for the subject premises expired on July 18, 2019 and Defedants failed to
timely renew the Rental Occupancy Permit issued in connection with the subject premises.
28. Defendants have violated Riverhead Town Code §263-5.
29. Town Law §l35(1) provides, inter alia:
The town board may also maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to compel
compliance with or to restraiñ by injunction the violation of any

such ordinance, rule or regulation, notwithstanding that the
ordinance, rule or regulation may provide a penalty or other
punishment for such violation.
30. Riverhead Town Code §263-7(A) states: "No rental occupancy permit or rêñcwal
thereof shall be issued under any application unless the property shall be in compliance with all
the provisions of the Code of the Town ofRiverhead, the laws and sanitary and housing regulations
York."
of the County of Suffolk and the laws of the State of New
31. Riverhead Town Code §263-8 requires the Town to ensure that:
A proposed rental dwelling unit or units, as well as the premises in
which the same are located, shall comply fully with all applicable
state and local laws, ordinances, rules and regulations of the county
and Town, and that such rental dwelling unit or units would not
create an unsafe or dangerous condition or create an unsafe and
substandard structure as defined in the Riverhead Town Code or
create a nuisance to adjoining nearby property.
32. Riverhead Town Code §263-7(B) states, "prior to the issuance of and rental
occupancy permit or reñêwal thereof, the property owner shall provide a certification from a
licensed architect, a licensed professional engineer or a Code Enforcement Official that the
property which is the subject of the application is in compliance with all of the provisions of the
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Code of the Town of Riverhead, the laws and sanitary and housing regulations of the County of
York."
Suffolk and the law of the State of New
33. Upon information and belief, Defendant, Geoffrey Freeman is a New York State
registered architect, license number 010673.
34. Defendant, Geoffrey Freeman provided a certification pursuant to Riverhead Town
Code §263-7(B) in connection with a Rental Permit Application dated June 28, 2017 and said
certification was set forth on the Town of Riverhead's "Licensed Professional's Rental Inspection
Report"
which, as required by the form, sitsched photographs of the exterior of the dwelling unit.
Report"
35. The Town of Riverhead's "Licensed Professional's Rental Inspection
requires the license professional to "certify that the contents of the form are true and correct under
the penalty of perjury".
Report"
36. Town of Riverhead's "Licensed Professional's Rental Inspection further
states that the "False Statements made herein are punishable as a Class A Misdemeanor Pursuant
to Section 210.45 of the Penal Law of the State of New York".
37. On or about October 4, 2019, Defendant, Geoffrey Freeman certified a Town of
Report"
Riverhead's "Licensed Professional's Rental Inspection in connection with an application
to renew the rental occupâñcy permit for the subject premises.
Report"
38. The Town of Riverhead's "Licensed Professional's Rental Inspection
certification submitted by Defendant, Geoffrey Freeman on or about October 7, 2019 states that
on September 6, 2019: "I have photographed the entire exterior of the rental unit and have
completed and initialed each Housing Inspection Report sheet after completing my inspection. I
have inspected each of the items listed on the Housing Inspection Report Sheet and have provided
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copies of ALL inspections coñducted on the above identified property. I have not omined any
photos or information that may be considered a code violation by the Town of Riverhead.
39. The photographs submitted and certified by Defendant, Geoffrey Freeman in
ccññection with the October 2019 certification are identical to the photographs submined in
connection with the June 2017 application and certification.
40. Upon information and belief, Defendant has submitted a false and/or fraudulent
certification to the Town of Riverhead in furtherance of obtaining a rental permit renewal despite
ceñditions and circumstances that Defendant, Geoffrey Freeman, as a licensed architect knows or
should know are inconsistent with and not compliañt with the Town Code of Riverhead, the laws
of the County of Suffolk and/or the laws of the State of New York.
41. Defendant, Geoffrey Freeman's false and/or fraudulent certification as a licensed
architect acting on behalf of the owners in completing the application, should be imputed to all
owners of the subject premises, to wit: Geoffrey Freeman and Pamela Hogrefe.
Defendâñts'
42. failure to obtain a Rental Occupancy Permit and efforts to deceive the
Town ofRiverhead, as set forth herein have deprived the Town ofthe opportunity to and obstructed
the Town's obligation to ensure the safety of residents within the Town pursuant to Riverhead
Town Code §§263-7 and 263-8.
Defendants'
43. improper and illegal use of the Premises, as described herein, creates
an unacentable safety risk because the Town has not been provided with an opportunity to ensure
that any of the structures situated upon the Premises comply with the applicable provisicñs of
local, county, and State codes and regulations.
44. Defendant's improper and illegal use of the Pr-ises, as described herein, further
cãüses and/or creates unacceptable and unreaseñable nuisance to adjoining property owners and
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the Town maintains an interest in ensuring and promoting, to the best extent possible, such
owners'
property reasonable, quiet enjoyment of property.
45. Riverhead Town Code §263-18(A) states:
It shall be presurned that a single or one-family dwelling unit is

occupied by more than one family if any two or more of the
following features are found to exist on the premises by the Code

Enforcement Official authorized to enforce or investigate violatioñs
of Chapter 263 of the Code of the Town of Riverhead or any laws,
codes, rules and regulations of the State of New York:
(8) Partitions or internal doors with locks which may serve to

bar access between segregated portions of the dwelling unit,
including but not limited to bedrooms;
(10) The inability of any occupant to have lawful access to all

parts of the dwelling unit.
46. On or about September 25, 2019, Code Enforcement officials employed by the
Town of Riverhead inspected the dwelling upon the signed coñsêñt of an occupañt thereof and
observed at least three (3) bedrooms with hasp locking mechâñisms affixed to the doors and
thereby preveñtiñg free access to all areas of the dwelling unit by all occupants thereof and further
segregating portions of the dwelling unit.
47. Upon information and belief Defendants have permitted the structure, a single
family residence, to be occupied by more than one family and as a multi-family dwelling unit in a
manner contrary to Riverhead Town Code §263-4 and as a non-permitted use within the Hamlet
Residence (HR) Zoning Use District pursuant to Riverhead Town Code §301-48.
Defendants'
48. continuous course of conduct, as described above, violates,
undermines and/or defeats Town Code §§263-4(A), 263-5, 263-7, 263-8, 263-18 and 301-48.
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49. As a result of the foregoiñg, the Town is entitled to a preliminary and permanent
iñjüñction pursuant to Town Law §135(1) and/or enjoiniñg and restraiñiñg defeñdants from renting
the Premises unless and until defendants obtain a Town Rental Permit.
Occupancy
AS AND FOR A SECOND CAUSE_OF ACTION SEEKING INJUNCTIVE RELIEF
50. Plaintiff repeats and re-alleges all prior allegations set forth in this complaint with
the same force and effect as if more fully set forth herein.
51. Town Law §268(2) provides, in pertinent part:
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,

structure or land is used, or any land is divided into lots, blocks, or
sites in violation of this article or of any local law, ordiñance or other
regulation made under âüthority conferred thereby, the proper local
authorities of the town, in addition to other remedies, may institute
any appropriate action or proceedings to 15revent such unlawful
erection, construction, reconstruction, alteration, conversion,
maintenance, use or division of land, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure,

or land or to prevent any illegal act, conduct, business or use in or
about such premises.
Defendants'
52. continuous course of conduct, as described above, violates Town Code
§263-4(A).
53. As a result, the Town is entitled to a preliminary and permanent injunction pursuant
to Town Law and defandank from the Premises unless and

§268(2) cñjoiñiñg restraiñiñg renting
until defendants obtain a Town Rental Permit.
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AS AND FOR A THIRD CAUSE OF ACTION SEEKING CIVIL PENALTIES FOR

OFFENSES
Offenses,"
55. Riverhead Town Code §263-21, entitled "Penalties for provides as
follows:
A. Any person, association, firm or corporation which violates
any provision of this chapter or assists in the violation of any
provision of this chapter shall be guilty of a violation,
punishable:
(1) By a fine of not less than $250 and not exceeding

$1,000 or by imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense.
(2) By a fine of not less than $1,000 nor more than
15 days, or both, for conviction of the second of two
offenses, both of which were committed within a
period of five years.
(3) By a fine of not less than $2,000 nor more than
15 days, or both, for conviction of the third or
subsequent offenses of a series of offenses, all of
which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate
additional violation.
56. Upon information and belief and at all times hereinaner mentioned, Defendants
have enused and/or permitted rental of the premises without a permit since July 18, 2019 and as a
result have committed at least twenty-nine (29) separate, distinct and additional violations.
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AS AND FOR A FOURTH CAUSE OF ACTION SEEKING INJUNCTIVE RELIEF
58. Chapter 217, Part 5 of the Town Code of Riverhead relating to property
maintenance incorporates and is also set forth in the International Building Code (IBC) and
International Property Maintenance Code (IPMC) which was adopted by New York State in 2015
in place of the former New York State Fire Prevention and Building Code and New York State
Property Maintenance Code.
59. Riverhead Town Code §217-48 provides:
Installations, alterations and repairs to residential premises and
materials, assemblies and equipment utilized in connection
therewith shall be reasonably safe to persons and property and in
conformity with applicable statutes of the State of New York and
orders, rules and regulations issued by authority thereof. Conformity

of such work, materials, assemblies or equipment with the
applicable requirements of the New York State Uniform Fire

Prevention and Building Code shall be prima facie evidence that the
same is reasonably safe to persons and property.
60. 2015 International Property Maintenance Code §605.1 provides: "Electrical
equipment, wiring and appliances shall be properly installed and maintained in a safe and approved
manner."
61. 2015 International Property Maintenance Code §605.4 states that "flexible cords
shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or
ceilings"
concealed within walls, floors, or
62. Upon information and belief, on or about September 25, 2019, Code Enforcement
officials employed by the Town observed an extension cords being used as permanet wiring in
the basement of the premises and for the purpose of running electricity from the single family to
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the detached garage situated on the premises in violation of 2015 Internatinual

Property
Maintenance Code §§605.1 and 605.4.
63. Defendants have failed and refused to comply with 2015 International Property
Maintenance Code §§605.1 and 605.4.
64. 2015 International Property Maintenance Code §305.3 provides:
Interior surfaces, including windows and doors, shall be maintained
in good, claim and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected.
65. Upon information and belief, on or about September 25, 2019 Code Enforcement
officials employed by the Town observed 1. Loose and/or defective paint upon window trim, walls
and ceilings throughout the structure, 2. Accumulated mildew and mold on walls and doors
throughout the structure.
66. Defendants have failed and refásed to comply with 2015 International Property
Maintenance Code §305.3.
67. Riverhead Town Code §263-18(A) states:
It shall be presumed that a single or one-family dwelling unit is

occupied by more than one family if any two or more of the
following features are found to exist on the premises by the Code

Enforcement Official authorized to enforce or investigate violations
of Chapter 263 of the Code of the Town of Riverhead or any laws,
codes, rules and regulations of the State of New York:
(8) Partitions or internal doors with locks which may serve to

bar access between segregated portions of the dwelling unit,
including but not limited to bedrooms;
(10) The inability of any occupant to have lawful access to all
parts of the dwelling unit.
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68. On or about September 25, 2019, Code Enforcement officials employed by the
Town of Riverhead inspected the dwelling upon the signed consent of an occupant thereof and
observed at least three (3) bedrooms with hasp locking mechanisms affixed to the doors and
thereby preventing free access to all areas of the dwelling unit by all occupants thereof and further
segregating portions of the dwelling unit.
69. Pursuant to Iñterñational Property Maintenance Code §702.3, concerning "Means
Egress" Doors"
of and "Locked provides that "Means of egress doors shall be readily openable
from the side from which egress is to be made without the need for keys, special knowledge, or
effort, except where the door hardware conforms to that permitted by the International Building
Code."
70. Upon information and belief Defendants have permitted the structure, a single
family residence, to be occupied by more than one family and as a multi-family dwelling unit in a
manner to Riverhead Town Code §263-4 and as a non-permitted use within the Hamlet
contrary
Residence (HR) Zoning Use District pursuant to Riverhead Town Code §301-48 and Defedets
have failed and refused to comply with 2015 International Property Maintenance Code §702.3.
71. 2015 International Property Maintenance Code §605.1 states, "Electrical
equipment, wiring and appliances shall be properly installed and ±4==d in a safe and approved
manner."
72. 2015 International Property Maintenance Code §605.4 states that "flexible cords
shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or
ceilings."
concealed within walls, floors, or
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73. Upon information and belief, on or about September 25, 2019, Code Enforceent
officials employed by the Town observed extensioñ cords and a space heater fixed in the bacment
of the structure so as to provide permanent heating to non-habitable space within the structure.
Maintenance Code §605.1 and §605.4.
75. Riverhead Town Code §217-53(B) provides: "It shall be prohibited to use any cellar
space."
space as habitable
76. Upon information and belief, on or about Scptcmbct 25, 2019, Code Enforcement
officials employed by the Town observed two (2) beds and a dresser with drawers for clothing
situated in the unfinished basement/cellar area of the subject premises.
77. Defendants have violated Riverhead Town Code §217-53(B).
Every occupant of the structure shall dispose of garbage in a clean
and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
79. 2015 International Property Maintenance Code §308.2.1 provides:
The owner of every occupied premises shall supply approved
covered containers for rabbish, and the owner of the premises shall
be responsible for the removal of rubbish.
80. Upon information and belief, on or about September 25, 2019 Code Enforcement
officials employed by the Town observed garbage and rubbish, including but not limited to
old/broken furniture, garbage, logs and brush on the ground around and about the exterior of the
premises.
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81. Defedsñts have failed and refùsed to comply with 2015 International Property
Maintenance Code §§308.3 and 308.2.1.
The interior of a structure and equipment therein shall be maintained
in good repair, structurally sound and in a sanitary condition.
Occupants shall keep that part of the structure that they occupy or
control in a clean and sanitary condition.
83. Upon information and belief, on or about July 28, 2017, Code Enforcement officials
employed by the Town observed dirt, filth, grease and grime on the walls and ceiling of the kitchen.
85. International Property Maintenance Code §404.5 sets for the standards for
maximum occupancy and determining whether a dwelling unit is overcrowded. Specifically,
§404.4.1 states:
Every bedroom occupied by one person shall contain at least 70
square feet of floor area, and every bedroom occupied by more than
one person shall contain at least 50 square feet of floor area for each
occupant thereof.
86. . On September 25, 2019 Town Code Enforcement officials employed by Plaintiff
appeared at the subject premises and observed a bedroom situated nearest to the front of the
structure inhabited three with two beds - 1 full size and 1 twin.
by (3) occupants, (2)
87. Said bedroom measured to be approximately 112 square feet for which maximum
occupancy is 1 occupant, and as such exceeds maximum occupancy and/or is overcrowded.
88. On September 25, 2019 Town Code Enforcement officials employed by Plaintiff
appeared at the subject premises and observed a second bedroom situated off of the hallway within
the structure inhabited two with two beds - 1 full size and 1 twin.
by (2) occupants, (2)
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89. Said bedroom measured to be approximately 117 square feet for which maximum
occupancy is one (1) occupant, and as such exceeds maximum occupañcy and/or is overcrowded.
90. Defendants have failed and refused to comply with International Property
Maintenance Code §404.5 and §404.4.1.
91. International Property Maiñtêñañce Code §404.5 sets for the standards for
maximum and whether a dwelling unit is overcrowded. Table

occupancy determining Specifically,
404.5 provides that dining rooms shall be at least 100 square feet for 6 or more occupants.
92. On September 25, 2019 Town Code Enforcement officials employed by Plaintiff
appeared at the subject premises and observed eight (8) beds within the premises and upon
information and belief, nine (9) individuals reside therein.
93. Upon information and belief, the dining area is less than the 100 square feet
required by International Property Mainteñañce Code §404.5.
94. Defendants have failed and refused to comply with International Property
95. 2015 International Property Maintenance Code §305.4 states, "every stair, ramp,
landing, balcony, porch, deck, or other walking surface shall be maintained in sound condition and
repair."
good
officials employed by the Town were granted access to the subject premises and observed cracked,
loose and/or otherwise defective floor tiles through the kitchen within the structure.
97. Defeñdants have failed and refused to comply with 2015 Intemational Property
98. 2015 International Property Maintenance Code §309.1 states:
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Structures shall be kept free from insect and rodent infestation.
Structures in which insects or rodents are found shall be promptly

exterminated by approved proces=s that will not be injurious to
human health. After pest elimination, proper procedures shall be
taken to prevent re-infestation.
officials employed by the Town observed that the structure was infested with roaches.
101. Pursuant to Riverhead Town Code §251-22(B), concerning yard waste, rabbish,
litter, garbage/refuse:
It shall be unlawful for any owner or occupant of a premises within
the Town of Riverhead, County of Suffolk, State of New York, to
cause or allow any accumislatiññ of yard waste, rubbish, litter,

garbage or refuse as defined in this article on any premises or public
way.
officials employed by the Town appeared at the subject premises and observed yard waste,
including tree limbs, branches and leaves and rubbisl-Jrefuse, discarded children's toys,
including
and furniture, logs, brush, garbage and a makeshift tarp structure.
103. Defêñdâñts have failed and refused to with Riverhead Town Code §251-
comply
22(B).
104. Riverhead Town Code §245-4 provides that "any person, owning, occupying or in
control of private property shall maiñtain such property, including the sidewalk in front thereof,
free of litter.
officials employed by the Town appeared at the subject premises and observed yard waste, bottles,
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various discarded paper/s, cans and other assorted household garbage scattered around and about
the premises.
106. Defeñdañts have failed and refused to with Riverhead Town Code §245-
comply
4.
107. Riverhead Town Code §289-59 states, in pertinent part, "It shall be unlawful for
any person, firm or corporation to store or place or cause or permit to be stored or placed a junked
and/or unregistered motor vehicle or part or piece thereof on any property within the Town of
Riverhead."
The foregoing section provides certain specified exceptions which are inapplicable
to Defendants.
officials employed by the Town appeared at the subject premises and observed an unregistered
silver Nissan Sentra, in violation of Riverhead Town Code §289-59.
109. Defendants have failed and refused to with Riverhead Town Code §289-
comply
59.
Defeñdâñts'
110. coñtiñuous course of conduct, as described above, violates Town Code
§§217-53, 245-4, 251-22, 263-18 and 289-59 and International Property Maintenance Code
§§305.1, 305.3, 305.4, 308.2.1, 308.3, 309.1, 404.4.1, 404.5, 605.1, 605.4, and 702.3 as set forth
more fully hereinabove.
111. As a result, the Town is entitled to a preliminary and permanent injüñction pursuant
to Town Law §§ 135(1) and/or 268(2) enjoining and restraining defendants from renting the
Premises unless and until defeñdañts remedy each and every Town, Building and/or Fire Safety
Code violation set forth herein and any other violations which any inspection of the subject
premises may reveal.
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AS AND FOR A FIFTH CAUSE OF ACTION SEEKING CIVIL PENALTIES
113. Riverhead Town Code §217-1(A) provides:
Uniform Code. Those rules and regulations promulgated pursuant to
Article 18 of the Executive Law of the State of New York,
collectively known as the "New York State Uniform Fire Prevention

Code,"
and Building are applicable to all buildings and construction
in the Town of Riverhead; said rules and regulations are hereinafter

Code"
referred to in this Part 1 as the "Uniform or the "Uniform
Code."
Building
orders, rules and regulations issued by authority thereof. Conformity

115. Based upon the violations of the International Property Maintenance Code cited in
connection with the inspectioñ of the subject property and described with particularity herein,
Defendants have commuted no less than ten (10) separate and distinct violations of Riverhead
Town Code §§217-1(A) and/or 217-48.
116. Pursuant to Town Code §217-104(A), "Except as provided in §217-97 for
violations of Article XIII of this Part 5, a violation of any provision or requirement of this Part 5
shall be deemed a violation punishable by a fine of not more than $250 or by imprisonment for not
imprisonment."
more than 15 days, or by both such fine and
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117. Pursuant to Town Code §217-104(C):
In addition to the criminal penalties set forth herein, the Town
Attorney is authorized to pursue any and all actions in law or equity,
including but not limited to actions for compensatory damages; civil
penalties; to compel compliance, or to restrain by injunction,

violations of this Part 5; and any other remedies which the Town
Attorney may deem necessary and proper.
(1) Any person found to have violated any of the

provisions of this Part 1 shall be subject to a civil
penalty.
(2) Each day of a continuing violation shall be subject to

a separate civil penalty. The civil penalty for a
violation of this Part 1 shall be as follows: $350 for
the first day of violation or any part thereof; $500 for
the second day of violation or any part thereof; and
$1,000 for the third day of violation or any part
thereof; and for all subsequent days of violation, up

to and including the 15th day, said civil penalties for
any given fifteen-day period may not exceed

$15,000. Civil penalties may be recovered in any
action or proceeding brought by the Town Attorney
in any court of competent jurisdiction or before a
duly appointed hearing officer whenever permitted
by law for a violation of this Part 5.
(3) Each fifteen-day period shall be the subject of a

separate cause of action and shall be subject to
additional civil penalties not to exceed $15,000 in
each and every fifteen-day period.
(4) All civil penalties shall be mandatory penalties and

must be imposed upon a judgment in favor of the
Town. If said penalty is not paid to the Town of
Riverhead within 10 days of a judgment, a civil
judgment shall be entered against the property, and
the owner of the property, and said judgment may be

collectible by a tax assessment against the property
on which said violation occurred.
(5) Any civil penalty imposed shall be in addition to any

fine and/or imprisonment imposed as a result of a
criminal prosecution provided for in the Riverhead
Town Code or any state or local law. There is no
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requirement of notice prior to the commencement of

a civil action.
(6) Strict liability. Personal knowledge of the existence

of a violation is not required, no mens rea (intent) is
required, and any violation charged herein shall be

one of strict liability.
(7) Continued violation. There shall be a presumption

that a violation continues from the day the Town
establishes that said violation existed until the
violation's existence is rebutted, but in any case no
longer than 15 days for each civil action filed.
118. Defendants have committed at least eleven (11) separate and distinct violations of
Chapter 217, Part 5.
119. Riverhead Town Code §301-320 sets forth provision for civil penalties identical to
that set forth at §217-20(E) & §217-104(C).
Defendants'
120. Based upon use of the premises in a mannar contrary to the permitted
uses for the Hamlet Residential Zoning Use District as set forth hereinabove, Defendants have
violated Riverhead Town Code §301-148.
121. As a result of said violation, Defeñdañts are liable to the Town for civil penalties
in an amount to be established at trial and/or within the discretion of the Court pursuant to
Riverhead Town Code §310-320(E), but in no event less than $25,000.00.

orders, rules and regulati0ñs issued by authority thereof. Conformity

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123. New York Executive Law §377 establishes the New York State Uniform Fire
Prevention and Building Code which further adopts the Intemational Property Maintcñance Code.
124. Riverhead Town Code §217-104 provides as follows:
A. Except as provided in §217-97 for violations of Article XIII

of this Part 5, a violation of any provision or requirement of
this Part 5 shall be deemed a violation punishable by a fine
of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
B. Except where a time for compliance may have been set in a

notice of violation, each week's violation shall be deemed a
separate offense.
125. As set forth hereinabove, Defeñdañts have violated §217-53 each of said sections
under Article and as such, Defendants are liable for the fines imposed under §217-
falling XIII,
104 hereinabove.
126. As set forth hereinabove, Defendants have violated 2015 International Î)roperty
Maintenance Code §§305.1, 305.3, 305.4, 308.2.1, 308.3, 309.1, 404.4.1, 404.5, 605.1, 605.4, and
702.3 which provisions are incorporated under Riverhead Town Code §217-48 and as such,
Defendants are liable for fines in connection with each separate and distinct violation imposed
pursuant to §217-104 hereinabove.
127. As a result of said violations, Defeñdâñts are liable to the Town for civil penalties
in an amount to be established at trial and/or within the discretion of the Court pursuant to
Riverhead Town Code §217-104(C), but in no event less than $75,000.00.
128. Riverhead Town Code §245-10 violation of §§245-3 through 245-

provides, "Any
6 of this article shall be an offense punishable by a fine of no less than $50 and not to exceed
$1,000 or imprisonment for a period not to exceed 15 days for each such offense, or by both such
imprisonment."
fine and
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129. As set forth hereinabove, Defendants have violated §245-4, and as such,
Defendants are liable for the fines imposed under §245-10 hereinabove.
130. Riverhead Town Code §289-64 states, "A violation of this Part 3 or any provision
or part thereof by any person, firm or corporation is hereby declared to be an offense, punishable
both."
by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or
131. As set forth hereinabove, insofar as Defendants have permitted an unregistered
vehicle to be situated on the property, Defendants have violated.§289-59, and as such, Defendants
are liable for the fines imposed under §289-64 hereiriabove.
A. Any person, association, firm or corporation, owner or
occupant which violates any provision of this article or

assists in the violation of any provision of this article shall
be guilty of a violation, punishable by:
(1) A fine of not less than $250 and not exceeding

15 days, or both, for conviction of a first offense.
(2) A fine of not less than $1,000 nor more than $3,000
or by imprisonment for a period not to exceed 15
days, or both, for conviction of the second of two
offenses, both of which were committed within a
period of five years.
(3) A fine of not less than $2,000 nor more than $5,000
or by imprisonment for a period not to exceed 15
days, or both, for conviction of the third or

subsequent offenses of a series of offenses, all of
which were committed within a period of five years.
B. Each week's continued violation shall constitute a separate

additional violation.
133. As set forth hereinabove, Defendants have violated §251-22, and as such,
Defendants are liable for the fines imposed under §251-26 hereinabove.
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WHEREFORE, Plaintiff demands judgment against Defendants, as follows:
A. That Defendants be enjoined and restrained from using, renting and/or occupying
the one-story single family residence situated upon the subject premise until such
time as all of the violations of the Code of the Town of Riverhead as set forth above
have been remedied and approved by the Town of Riverhead;
B. That the Court set forth an Order directing Defendants to comply with all rules,
codes, and regulations of the Town of Riverhead with regard to the use and
occupancy of the subject premise;
C. Directing Defendants to permit employees from the Town of Riverhead to enter the
dwelling situated at 1050 Harrison Avenue, Riverhead, County of Suffolk, State of
New York, so as to ensure compliance with the Code of the Town of Riverhead and
the New York State Uniform Fire Prevention and Building Code in regard to the
current use and occupancy of said dwelling so as to ensure that said dwelling
complies with the certificates, permits and approvals previously issued by the Town
of Riverhead for such;
D. That this Court institute civil penalties and/or award damages against Defendants,
GEOFFREY FREEMAN, PAMELA HOGREFE.,MARIA DELGADO, a/k/a
MARIA DURAN, JOSE DURAN, jointly and severally in an amount not less than
$100,000.00 for the violations of the Code of the Town of Riverhead as set forth
above; and
E. That this Court award such other and further relief as this Court deems just and
proper, including costs, disbursements and attorney's fees.
Dated: Riverhead, New York
February 21, 2020
Yours, etc.,
Robert F. Kozakiewicz
Riverhea wn
Attorney)
Attorn fo aimiff
By:
nk C. Howard
Deputy Town Attorney

200 Howell Avenue
(631) 727-3200
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VERIFICATION
Erik C. Howard, an attorney admitted to practice before the Courts of the State of New
York, hereby affirms to the truth of the following under penalty of perjury:
I am a Deputy Town Attorney within the office of Robert F. Kozakiewicz, Riverhead Town
Attorney, and attomey for the Plaintiff, Town of Riverhead, herein.
I have read the allegations of the foregoing Verified Complaint and know the contents
thereof. The same are true to my own knowledge except as to matters therein stated to be alleged
upon information and belief, and as to those matters I believe it to be true.
This verification is made pursuant to CPLR §3020(d)(2) upon the grounds that the Plaintiff,
Town of Riverhead, is a municipal corporation, and your affirmant is a person acquainted with the
facts.
The source of my information and the grounds of my belief as to all matters not stated upon
my own knowledge are documents and writings furnished to me by officers, employees and agents
of the plaintiff, Town of Riverhead.
Dated: Riverhead, New York
February 21, 2020
IK C. HOWARD
Deputy Town Attorney
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29 of 30
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30 of 30

Town - of - Riverhead - V - Geoffrey - Freeman Et Al

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FILED: SUFFOLK COUNTY CLERK 02/21/2020 02:51 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

Date of Filing: 2/21/2020

Suffolk County as the

GEOFFREY FREEMAN, PAMELA HOGREFE.,

fictitious names being and intended to be unknown

parcel of property located at 1050 Harrison Avenue, Plaintiff's residence/principal

Riverhead, County of Suffolk, Town of Riverhead, State place of business

----------- ---- ------------------------- x

TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the complaint in this

demanded in the verified complaint.

Dated: February 21, 2020

ROBERT F. KOZAKIEWICZ, ESQ.

eputy Town Attorney

Riverhead, New York 11901

Riverhead, New York 11901

Riverhead, New York 11901

MARIA DELGADO, a/k/a MARIA DURAN

Riverhead, New York 11901

Riverhead, New York 11901

SUPREME COURT OF THE STATE OF NEW YORK

Date of Filing: 2/21/2020

GEOFFREY FREEMAN, PAMELA HOGREFE.,

being fictitious names being and intended to be unknown

Riverhead, Town of Riverhead, County of Suffolk,

Plaintiff, complaining of the Defend:=±=, by its attorney, Robert Kozakiewicz, Riverhead

information and belief as follows:

1. Plaintiff, Town of Riverhead, is a muñicipal corporation with its principal offices

New York 11901.

Avenue, Riverhead, New York 11901.

03.00, Lot 001.000 (hereinafter referred to as the "subject premises").

within the Town of Riverhead.

8. At all times relevant to this Defendants possessed a Letter of Pre-

9. Upon information and belief, Defendants, GEOFFREY FREEMAN & PAMELA

residence situated upon the subject premises.

the Riverhead Town Code.

12. In submining the aforementioned Rental Permit Application, Defedants submitt-1

a sworn Engineer's Report certified by Defendant, GEOFFREY FREEMAN as a duly Licensed

Professional, Registered Architect, No. 010673.

AS AND FOR A FIRST CAUSE OF ACTION SEEKING INJUNCTIVE RELIEF

forth more fully herein.

is Rented", states that:

The presence or existence of any of the following shall create a

and the owner of the dwelling unit represents, in writing or

otherwise, to any person, establishment, business, institution or

government agency that he resides at an address other than the

dwelling unit in question;

to the owner of the premises;

(3) Utilities, cable, telephone or other services are in place or are

(4) Testimony by a witness that it is common knowledge in the

community that a person other than the owner resides in the

Defendants GEOFFREY FREEMAN and PAMELA HOGREFE, cons6hiting presumptive

forth in Riverhead Town Code §263-19(A)(1).

20. Riverhead Town Code §263-19(A) entitled "Presumptive Evidence of Owners

Residence", states that:

It shall be presumed that an owner of a dwelling unit does not reside

(1) Voter registration;

(2) Motor vehicle registration;