Latest / Sid & Friends In The Morning / Randy Mastro | Attorney Using the Courtroom to Fight Back Against Madmani's Socialist Policies
Transcript
- 0:00Speaker 1: So the city goes out there and they notify 17,000
- 0:04Speaker 1: people that we're basically coming after you. I love what
- 0:09Speaker 1: Randy Mastro said to this Supreme Court Justice Wayne Ozzie
- 0:15Speaker 1: on Monday. He said, here's a quote from Randy, it's
- 0:18Speaker 1: so good. The city may not, quote, terrify first and
- 0:23Speaker 1: clarify later. They did not do any diligence at all.
- 0:28Speaker 1: They said, you may owe the surcharge, and unless you
- 0:31Speaker 1: apply for an exemption, we're going to deem you do owe.
- 0:35Speaker 1: That's what the nasty Graham said. So we just got
- 0:38Speaker 1: this guy Banks in court the other day on Staten
- 0:41Speaker 1: Island arguing back and forth, but in the end.
- 0:44Speaker 2: It's not 17,000. The number of people that should have
- 0:48Speaker 2: been notified is closer to 10,000.
- 0:51Speaker 1: So they just haphazardly went out there and started sending
- 0:57Speaker 1: these people terrifying notices, embarrassing people, not a heck of
- 1:01Speaker 1: a lot different than standing outside of Ken Griffin's home
- 1:04Speaker 1: when he basically drove Griffin and his $ 6 billion deal
- 1:09Speaker 1: out of New York City. But now Randy Mastro has
- 1:12Speaker 1: been for months defending these homeowners, these co-op owners. And
- 1:17Speaker 1: he may have put the mayor in a position where
- 1:20Speaker 1: he's got no other choice but to roll it out
- 1:23Speaker 1: all over again. Because the way they did it was
- 1:26Speaker 1: irresponsible and, quite frankly, dangerous. When I say they, I
- 1:30Speaker 1: say Mamdani and the governor Hochul. Now, Randy's got a
- 1:33Speaker 1: second job. As if that's not enough, you've got the
- 1:37Speaker 1: rent breezes out there. One million stabilized apartments hanging in
- 1:42Speaker 1: the balance with the rent freeze. And Randy Mastro is
- 1:47Speaker 1: also representing the landlords in that case. So, Randy, you
- 1:50Speaker 1: seem to be very, very busy these days.
- 1:53Speaker 3: Well, it looks like our new mayor is a full-time
- 1:56Speaker 3: employment service for lawyers, or at least this lawyer.
- 2:00Speaker 2: It really does.
- 2:01Speaker 1: So last time I spoke to you a couple of
- 2:02Speaker 1: weeks ago, you felt pretty good about the lawsuit and
- 2:06Speaker 1: where it was heading.
- 2:07Speaker 2: Because, again, if I'm wrong, correct me, because it is
- 2:10Speaker 2: kind of complicated for the everyday person out there.
- 2:12Speaker 1: But you basically want the mayor to roll this out
- 2:16Speaker 1: all over again. tell the people who actually come under
- 2:21Speaker 1: these conditions who they are, what they have to do,
- 2:24Speaker 1: not just randomly add 7,000 more, but it's basically to
- 2:28Speaker 1: roll out the program all over again.
- 2:30Speaker 2: Is that correct?
- 2:32Speaker 3: That's completely correct, Sid. There never should have been notices
- 2:40Speaker 3: from the city that said you may owe the surcharge.
- 2:46Speaker 3: Now we're switching the burden to you to apply for
- 2:48Speaker 3: an exemption and prove you live in your own home
- 2:51Speaker 3: or else you'll be deemed to owe the tax. The
- 2:54Speaker 3: state statute that authorized the imposition of the pied-à-terre surcharge
- 3:00Speaker 3: expressly put the burden on the city to establish in
- 3:04Speaker 3: the first instance that you owe the surcharge, and then
- 3:09Speaker 3: to demand you pay. That's why there needs to be
- 3:11Speaker 3: a do-over. And you know how we know we're right?
- 3:13Speaker 3: Because we brought the lawsuit, and the city's now had
- 3:16Speaker 3: to fess up that out of those 17,000 who got
- 3:20Speaker 3: those threatening nasty grams, you know, they're down to 10,000
- 3:25Speaker 3: who may actually have an obligation. And I think at
- 3:28Speaker 3: the end of the day, Sid, the number's going to
- 3:30Speaker 3: be more like 5,000 to 6,000. Oh, great. So the
- 3:33Speaker 3: city is still grossly you know, overestimating and pressuring many
- 3:39Speaker 3: New York City resident homeowners into having to prove they
- 3:44Speaker 3: live in their own homes. And that's wrong and it's illegal. 100%.
- 3:47Speaker 1: Now, I don't know how much blame with this you
- 3:48Speaker 1: put on the governor, but she's like, I'm not surprised.
- 3:52Speaker 1: I thought it was more like 10,000, not 17,000. I
- 3:55Speaker 1: don't remember her saying that when these lists first came out.
- 3:59Speaker 1: And now you're saying it may be more like 5
- 4:00Speaker 1: or 6,000 anyway. But Hochul did the old, yeah, that
- 4:04Speaker 1: sounds about right. I mean, whatever wind is blowing that day,
- 4:07Speaker 1: that's where the governor goes, basically.
- 4:10Speaker 3: Well, when this debacle first hit and there was such
- 4:17Speaker 3: public outrage about it, Not only among those of us
- 4:20Speaker 3: who got these threatening nasty grams. I got one of them.
- 4:25Speaker 3: And I've lived in this city for 40 years, paid
- 4:27Speaker 3: taxes here for 40 years. I had to legally live
- 4:31Speaker 3: here to be first deputy mayor last year. But I
- 4:33Speaker 3: got one. The governor, who has been the mayor's sponsor
- 4:40Speaker 3: of this bill... She did say, hey, this has got
- 4:45Speaker 3: to be cleaned up, this has got to be fixed.
- 4:47Speaker 3: And basically, the city has now been, because we brought
- 4:50Speaker 3: this lawsuit, forced to admit they massively screwed up and
- 4:54Speaker 3: sent this to 7,000 people they shouldn't have. But there's
- 4:58Speaker 3: more to come, because there's going to be other New
- 5:00Speaker 3: Yorkers who are residents who never should have gotten these
- 5:04Speaker 3: nasty grants, people who own their properties illegally. you know,
- 5:07Speaker 3: in some other form, like an LLC or a partnership
- 5:10Speaker 3: or a trust. Those are common devices for privacy, for
- 5:15Speaker 3: estate planning. People live in New York and they use
- 5:18Speaker 3: those devices, but they all got nasty grams, even if
- 5:21Speaker 3: it's their own name in the corporation or in the trust,
- 5:25Speaker 3: so that the city could easily match up the name
- 5:27Speaker 3: to their tax returns.
- 5:30Speaker 1: So talk about specifically, Randy, what happened on Monday on
- 5:35Speaker 1: Staten Island and those proceedings, which seem to once again
- 5:40Speaker 1: favor you. Talk about that day, specifically Monday on Staten Island.
- 5:45Speaker 3: OK, well, we had a hearing in the Pieta Tercer
- 5:48Speaker 3: Church case lasted over two hours. Justice Ozzie on Staten Island,
- 5:53Speaker 3: he asked very penetrating questions of both sides. very engaged,
- 5:59Speaker 3: very attentive, very concerned about the harm that what the
- 6:03Speaker 3: city did to so many New York City resident homeowners.
- 6:09Speaker 3: Now we're awaiting a written decision from him. I don't
- 6:12Speaker 3: predict outcomes of cases. I can just say that it
- 6:14Speaker 3: was a very good hearing. The issues aired and he's
- 6:20Speaker 3: very engaged. So we're looking forward to his written ruling.
- 6:23Speaker 3: And then, Sid, on top of that, Yesterday, busy week
- 6:27Speaker 3: this week. Yesterday, I was in court for five hours
- 6:30Speaker 3: on the rent freeze.
- 6:31Speaker 2: I know. This is unbelievable.
- 6:33Speaker 1: So for folks that don't know, the New York City
- 6:35Speaker 1: Rent Guidelines Board, whose decision to freeze the rent on
- 6:39Speaker 1: nearly one million stabilized apartments, is caught up in this lawsuit,
- 6:44Speaker 1: which you just mentioned.
- 6:46Speaker 2: So how's that going?
- 6:48Speaker 3: Well, again, a five-hour hearing, that's extraordinary. Justice Landry in Manhattan,
- 6:56Speaker 3: very engaged, asked lots of questions of both sides, gave
- 7:01Speaker 3: us lots of time taking the issues very seriously. And
- 7:06Speaker 3: there at its core, you know, how did this Mondani
- 7:11Speaker 3: stacked rent guidelines board that's supposed to be independent, how
- 7:17Speaker 3: did they for the first time in their 57 year
- 7:20Speaker 3: history decide that Zero rent freeze for one-year leases, zero
- 7:26Speaker 3: rent freeze for two-year leases, and straight zero-zeros across the board.
- 7:33Speaker 3: First time in city history. How did they decide that
- 7:36Speaker 3: this year was different than every other year? There's no
- 7:40Speaker 3: explanation for it. It isn't. Landlords are suffering. Affordability goes
- 7:46Speaker 3: two ways, for landlords and for tenants. Landlords' costs are
- 7:51Speaker 3: rising rapidly. soaring past the rate of inflation. Their income
- 7:56Speaker 3: is down. By the rent guideline board's own analysis, landlords
- 8:00Speaker 3: will be way underwater next year if they don't get
- 8:05Speaker 3: multiple percent increases. Yet this board concluded zero, zero across
- 8:11Speaker 3: the board for the first time in city history. Insane.
- 8:15Speaker 3: How did that happen? Mayor makes a campaign promise. comes
- 8:19Speaker 3: into office, guarantees it, puts thumb on the scale, and
- 8:24Speaker 3: lo and behold, we have a decision that is indefensible
- 8:27Speaker 3: and illegal.
- 8:27Speaker 2: That's why we're in court. Yeah, he points six out
- 8:30Speaker 2: of the nine members are his. Like you said, he
- 8:33Speaker 2: made the promise.
- 8:33Speaker 1: Somebody said to me a couple of days ago, they said,
- 8:36Speaker 1: you know, has Mamdani been able to really keep any
- 8:39Speaker 1: of his promises? And I said, not really. So he's
- 8:43Speaker 1: at the point now where he's so desperate. He's so desperate,
- 8:46Speaker 1: Randy Mastro, to keep one of his campaign promises that
- 8:50Speaker 1: he's doing this. He also complains, mind you, that some
- 8:53Speaker 1: of these buildings, let's be honest, need some work. But
- 8:57Speaker 1: how will the landlords be able to afford to do
- 9:00Speaker 1: this work? if they're going to freeze the rent.
- 9:05Speaker 3: Precisely. There are, and this data was before the board, 50,000
- 9:10Speaker 3: vacant apartments where the landlords can't afford to rehab them
- 9:16Speaker 3: or took them off the market because they can't afford that.
- 9:19Speaker 3: How is that good policy for people who need affordable housing?
- 9:24Speaker 3: That is insane. The rent guidelines board is supposed to
- 9:27Speaker 3: strike a balance between landlords and tenants' interest. It has
- 9:32Speaker 3: a statutory mandate to consider factors that relate to both
- 9:36Speaker 3: landlords and tenants. But in this year, the Mondani year
- 9:41Speaker 3: with the Mondani Stacked Board, they elevated aggregate affordability for
- 9:48Speaker 3: tenants above all else and ignored or manipulated the data
- 9:53Speaker 3: to understate the rest. that's wrong and that's illegal and
- 9:57Speaker 3: that's why we're in court.
- 9:58Speaker 1: I would imagine, I don't know this Randy, but the
- 10:01Speaker 1: folks that are still there left over from Eric Adams' era,
- 10:04Speaker 1: that they're on board with you, or is that an
- 10:06Speaker 1: assumption that you really can't prove?
- 10:09Speaker 3: Well, one of those board members quit on the morning
- 10:13Speaker 3: of the vote because she would not be a part
- 10:18Speaker 3: of would not be a part of a process that
- 10:21Speaker 3: was a sham with a predetermined outcome. She was very
- 10:26Speaker 3: vocal about the fact that this board's decisions have always
- 10:30Speaker 3: been data-driven, and we have a statutory mandate, and the
- 10:35Speaker 3: board this year, unlike any other year, was ignoring that,
- 10:39Speaker 3: and she would not be a part of it, so
- 10:40Speaker 3: she quit the morning of the vote.
- 10:42Speaker 2: Good for her.
- 10:43Speaker 1: Funny, because I was just texting at the same time
- 10:45Speaker 1: I was talking to another Randy that I absolutely love,
- 10:48Speaker 1: who's also an attorney, Randy Levine. I'm talking to Randy Mastro.
- 10:51Speaker 1: I'm texting with Randy Levine. But I'm not an attorney.
- 10:53Speaker 1: I'm married to a beautiful attorney, but I'm not one.
- 10:56Speaker 1: So I come from a more, you know, from a
- 10:59Speaker 1: commonplace question in these conversations. And I would say to
- 11:04Speaker 1: you that if you're in court on Monday on Staten Island,
- 11:07Speaker 1: Randy Mastro, trying to protect you, homeowners, co-op owners, apartment
- 11:12Speaker 1: owners on Staten Island, and then you're in court another
- 11:16Speaker 1: five hours a day after that trying to protect landlords,
- 11:20Speaker 1: I would just assume, and I could be wrong, all
- 11:22Speaker 1: this is very, very bad moving forward for the real
- 11:26Speaker 1: estate business in New York.
- 11:27Speaker 2: Or am I wrong? I could be wrong.
- 11:29Speaker 3: Well, that's why we're in court, Sid, to make sure
- 11:32Speaker 3: that this administration complies with the rule of law and
- 11:36Speaker 3: follows the law so that everyone is treated fairly. that
- 11:39Speaker 3: small landlords who are suffering are treated fairly, that homeowners,
- 11:44Speaker 3: despite the mayor's antipathy to private property ownership, that homeowners
- 11:48Speaker 3: are treated fairly. And that's why these cases are so important.
- 11:52Speaker 1: I got to tell you, in the, I guess, spirit
- 11:57Speaker 1: of sports, you love sports, Randy, I know you do.
- 12:00Speaker 2: I know you do. We could be talking about, I
- 12:02Speaker 2: don't know, Ali Frazier.
- 12:05Speaker 1: The modern version of Ali Frazier right now is Mastro Banks.
- 12:11Speaker 1: Randy Mastro versus Stephen Banks. I mean, you got to
- 12:14Speaker 1: wake up every day and fight with this guy. How's
- 12:16Speaker 1: that going for you?
- 12:19Speaker 3: Well, look, I don't like to personalize things. It's not personal.
- 12:22Speaker 3: It's business. But he's the corporation counsel. And frankly, I've
- 12:27Speaker 3: never seen in any administration the Corporation Council, the city's
- 12:32Speaker 3: top lawyer, showing up in court himself every time the
- 12:37Speaker 3: city's law department appears. That would be like the U.S.
- 12:40Speaker 3: Attorney General showing up in court all the time when
- 12:43Speaker 3: the Justice Department is on a case.
- 12:44Speaker 2: Right, that never happens. So why do you think that
- 12:48Speaker 2: that's the case?
- 12:49Speaker 3: Well, because these cases are against the mayor, and they
- 12:55Speaker 3: are about priorities of a socialist mayor. These cases are
- 13:01Speaker 3: about law, not policy, but they're policies he cares about,
- 13:07Speaker 3: even though they're socialist policies. And therefore, he has the
- 13:11Speaker 3: head of the city's law department going into court personally.
- 13:16Speaker 3: To me, this is all about the rule of law
- 13:20Speaker 3: and making sure a new administration... socialist or otherwise, complies
- 13:24Speaker 3: with the rule of law. And this mayor is not
- 13:27Speaker 3: complying with the rule of law, and he's hurting a
- 13:29Speaker 3: lot of New Yorkers in the process.
- 13:31Speaker 2: He really is.
- 13:31Speaker 1: On the way out, one more, and again, from a
- 13:33Speaker 1: complete place of ignorance, I just don't know. All these
- 13:37Speaker 1: people on this list, 17,000, now down to 10,000, and
- 13:40Speaker 1: maybe you're right, it'll be 5,000 by the time it's
- 13:41Speaker 1: all said and done.
- 13:42Speaker 2: Have you talked to a bunch of these folks? Is
- 13:44Speaker 2: that part of your responsibility? Absolutely.
- 13:48Speaker 3: I've heard from hundreds, hundreds, of homeowners who got these
- 13:53Speaker 3: notices and never should have been contacted because they are
- 13:57Speaker 3: New York City residents.
- 13:59Speaker 1: Right, so if you're a homeowner right now, or a
- 14:01Speaker 1: co-op owner, a million dollars, not five million, but whatever
- 14:03Speaker 1: it is, and you don't know about this, you just
- 14:06Speaker 1: put me on just now, Randy Mastro is out there
- 14:09Speaker 1: to help you, and is it easy to find you?
- 14:12Speaker 1: I mean, you're a big-time guy. How about Irv Schwartz,
- 14:15Speaker 1: who lives in Sheepshead Bay? How does he find Randy Mastro?
- 14:19Speaker 3: Well, you know, I don't hide where I am. I'm
- 14:22Speaker 3: at the Deckert Law Firm, D-E-C-H-E-R-T. You can contact me
- 14:27Speaker 3: there anytime, randy.mastro at deckert.com. And we will get back
- 14:33Speaker 3: to you on the status. But if we win... the
- 14:36Speaker 3: city will have to do it over again. And they'll
- 14:38Speaker 3: only be able to contact people the city has determined
- 14:42Speaker 3: owe the tax. So you will have won from that.
- 14:46Speaker 3: But we have already won a lot, Sid, in the
- 14:49Speaker 3: sense that the city has had to admit in the
- 14:53Speaker 3: less than a month since we brought the lawsuit that
- 14:56Speaker 3: they sent these notices in error to 7,000 New Yorkers.
- 15:00Speaker 3: And that's a good thing.
- 15:01Speaker 2: That's a big win. Last question for you, Randy.
- 15:03Speaker 1: Do you have an ETA as to when you'll get
- 15:07Speaker 1: a decision for this, because I think it's going to
- 15:09Speaker 1: end up in your favor.
- 15:10Speaker 2: But whether or not that's the case, any ETA?
- 15:13Speaker 3: I think in both cases, we will hear in September.
- 15:16Speaker 3: I think both judges, given how quickly they scheduled the
- 15:20Speaker 3: hearings and all the time and attention they're devoting to it,
- 15:23Speaker 3: really appreciate them, are making this a top priority to
- 15:28Speaker 3: get a decision out quickly. But I think we'll hear
- 15:30Speaker 3: sometime in September, and I think well before the end
- 15:36Speaker 3: of September.
- 15:37Speaker 2: All right.
- 15:37Speaker 1: The freezing rent case and, of course, the second tax case.
- 15:41Speaker 1: And I'm hearing the lovely things like a bunch of attorneys.
- 15:44Speaker 2: Everybody listens to this show. You know that, Randy, everybody.
- 15:47Speaker 1: And all saying nice things about Ozzie and specifically Landry,
- 15:51Speaker 1: who I guess at one point ran the Republican Club
- 15:53Speaker 1: out there on Staten Island. So he's got a lot
- 15:55Speaker 1: of fans who listen to this show. Either way, Randy Mastro,
- 15:58Speaker 1: you are a hero. I mean this, what you're doing
- 16:00Speaker 1: for the people here in New York is really beautiful.
- 16:03Speaker 1: So above and beyond, you know, doing the right thing
- 16:05Speaker 1: and proving that this administration did something wrong and illegal.
- 16:09Speaker 1: What you're doing is actually very, very nice. And I
- 16:11Speaker 1: appreciate you. Thank you so much.
- 16:13Speaker 3: Appreciate you. And you're, you're too kind, but always love
- 16:16Speaker 3: being with you.
- 16:17Speaker 2: Love having you too.
- 16:18Speaker 1: That's my friend, Randy Mastro, who did not one, but
- 16:21Speaker 1: two amazing jobs with two mayors, Rudy Giuliani and Eric Adams.
- 16:25Speaker 1: And it's now out there today, New York. Fighting for you, my.
- 16:28Speaker 2: Friend Randy Mastro.
- 16:30Speaker 4: Thanks for listening to Sid and Friends in the Morning.
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- 16:56Speaker 4: for a new episode so you never have to wonder.
- 16:59Speaker 2: What the heck is going on here?