MANHATTAN (CN) - A landlord says in court that a tenant is using its space on East 32nd Street to host sex parties that "cater to ... individuals who are transgender, transsexual, etc."
Hole in One Associates LP, the owner of 12 E. 32nd St., filed the complaint Wednesday in Manhattan Supreme Court against its new sixth-floor tenant, Bytelair Inc.
Bytelair allegedly entered into the lease, which began on Dec. 1, 2014, "for the purported and permitted 'use' of general office and meeting space."
Hole in One says its other tenants have been complaining, however, that this is one funny business.
"Since shortly after defendant's (sic) took occupancy of the premises, it came to plaintiff's attention that defendant was not using the subject premises for general office space but rather, was using the premises to host 'parties' for purposes of permitting, encouraging, allowing individuals and/or groups to engage in sexual activity," the complaint states. "More particularly, the defendant has been advertising and using the subject premises to host parties for sexual activity by and between 'transsexual' and/or 'transgender' individuals and/or groups."
Hole in One says use of the premises "as an illegal sex club" violates the lease and various laws, building and health codes, while also creating "a dangerous and unsafe condition."
The landlord says it is thus entitled to injunctive relief.
Complaints about Bytelair from the building's other occupants allegedly began piling up in mid-December.
"These complaints initially began as excessive noise coming from the subject premises which continued until the early morning hours on Friday and Saturday nights," Hole in One Says.
The grievances became specific later, according to the complaint.
In addition to "individuals engaging in sexual activity in the lobby/common areas;" Hole in One says "large groups of individuals [have been] congregating in the lobby waiting for the elevator to the sixth (6th) floor as well as congregating outside the front door to the building."
These groups enter the building and take "the elevator to the sixth floor at all hours of the day and night," according to the complaint.
Tenants allegedly reported that these individuals have asked them "if they were 'coming to the party' on the sixth floor." Agents that Hole in One has sent to the property had similar experiences, the complaint alleges.
Noting an argument that included shouts of "fight, fight, fight" on Jan. 25, Hole in One says its other tenants "are now fearful for their safety and the safety of their loved ones when entering and exiting the building."
Hole in One says Bytelair's floor is bereft of office equipment, but rather has "hanging sheets, room dividers, etc.," used to divide the space into smaller, individual areas.
"Individuals located in the separate smaller areas were observed and heard to be engaging in sexual activity," according to the complaint.
That the sex club also creates "a nuisance condition which deprives other tenants of the quiet enjoyment of their respective space" should also not be minimized, Hole in One says.
Hole in One says Bytelair advertises its premises for parties on two websites: "http://tlust.com and http://daytimet.com."
These sex-party advertisements are "clear and unambiguous," as is the dangerous condition that such use creates, according to the complaint.
"It should be noted that the advertisements on the relevant websites make clear that the parties in question cater to or at least permit individuals who are transgender, transsexual, etc.," the complaint states.
Hole in One is represented by Kevin Cullen with Cullen Associates.
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