rent from the premises. Second, the amount of her security on deposit is substantially less then
[sic] stated as she never increased the security amount with her lease renewals. Her leases always
stated the amount that was on deposit. We are willing to provide and show all to the courts"
(Plaintiff's Exhibit D).
On or about May 28, 2021, Assemblymember Rosenthal sent Kirschner a formal letter,
stating, in relevant part,
"Management has concocted ridiculous reasons to justify its refusal to return her
security deposit, such as her visiting the building and falsely accusing her of feeding birds
outside. I should remind you that none of these allegations hold pertinence in management's
argument for keeping Ms. Karole's $1,734.76 security deposit. The law regarding security
deposits is clear"
(Plaintiff's Exhibit A). The letter then cited New York State
Rent Stabilization Code 2525.4 and quoted General Obligations Law § 7-108
(id.).
On June 7, 2021, the Community Liaison/Scheduler for Assemblymember [*3]Rosenthal emailed Kirschner, stating, in pertinent part, "Even if
everything that you are claiming is true, it is not grounds for withholding her security deposit.
The tenant left the unit in good condition" (Plaintiff's Exhibit D).
Kirschner promptly replied by email, "I reiterate that we have way less than one month
security on deposit and we are willing to tell our side of the story to the judge. I don't believe that
your office should be strong arming us as this is a matter for the small claims court to decide. We
will present all of our proof to the Judge and we will abide by the Judges [sic] decision"
(id.).
Sometime between July 8 and July 13, 2021, Assemblymember Rosenthal's Deputy Chief of