Thursday, September 23, 2021

Attorney General James Takes Action to Protect Children and Families from Lead Poisoning in NYC

 

Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With NYC Lead Laws 

Second Major Action by AG James in a Week to Protect NYC Children From Lead Paint, Hold Bad Landlords Accountable  

 New York Attorney General Letitia James today announced an agreement in her lawsuit against Chestnut Holdings of New York, Inc. (Chestnut Holdings), a property management corporation, over its failures to protect children from lead paint hazards in New York City. The lawsuit, filed in February 2020, alleged that Chestnut Holdings put the health of its tenants, primarily children, at risk by repeatedly violating New York City’s lead poisoning prevention laws, which require landlords to take critical measures to prevent children under 6 years old from being exposed to paint with dangerously high levels of lead. Chestnut Holdings will pay $300,000 to the Office of the Attorney General (OAG) for initiatives to protect children from lead poisoning and ensure that all of its more than 6,000 apartments throughout New York City are in full compliance with the law.

“Every New Yorker — especially children living in our most disadvantaged communities — has a right to live a healthy life without the threat of lead paint poisoning,” said Attorney General James. “As a landlord to thousands of children and families, Chestnut failed to safeguard its tenants, but, today, we are ensuring their health will be protected moving forward. I will continue to do everything within my power to uphold our lead laws and hold landlords accountable for exposing our communities to serious and irreversible harms.”

“As a part of LeadFreeNYC, HPD is committed to keeping children safe from lead through enhanced enforcement, education, and resources for property owners to make good on their obligations,” said New York City Department of Housing Preservation and Development Commissioner Louise Carroll. “We will continue to pursue enforcement through our own litigation and with partners like the attorney general, who utilize the work of our inspectors and lead-based paint enforcement teams to identify and audit buildings where lead-based paint regulations are not followed. I hope this settlement serves to let all property owners know how seriously HPD and the attorney general take lead-based paint compliance and encourages them to find out more about how to properly comply.”

The agreement was jointly filed by Attorney General James and the New York City Department of Housing Preservation and Development (HPD) in the Supreme Court of New York, Bronx County for final approval. Any future violation of the law by Chestnut Holdings will violate the agreement and subject the company to possible legal action by the OAG.

Chestnut Holdings manages more than 6,000 apartments in approximately 134 buildings, most of which are located predominantly in low-income communities of color in the Bronx. The OAG’s investigation into Chestnut began in 2018 and determined that the company engaged in repeated violations of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under 6 years of age lives there, failing to conduct complete annual investigations of apartments for hazards that are conducive to lead poisoning, and failing to take the necessary measures when an apartment turns over. Additionally, Chestnut Holdings repeatedly certified, in new leases, that it had complied with the Childhood Lead Poisoning Prevention Act’s turnover requirements, even though it had not done so.

Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. In fact, no safe lead level in children has been identified. Children under 6 years of age are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, window sills, and hands; and can be found in soil, toys, and other consumer products. Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods; low-income children represent 66 percent, and Asian, Black, and Latino children represent 84 percent, of children under 6 in the city with elevated lead levels.

Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. Lead paint has been found in approximately 43 percent of all of New York dwellings. In 1960, New York City prohibited the sale of paint with high levels of lead for residential use, New York state imposed a state-wide ban in 1970, and the federal government banned lead in paint in 1978. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans allow. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures to prevent lead poisoning in children tenants.

The agreement announced today requires Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the law’s provisions that it was found to have violated during the OAG’s investigation. Specifically, the agreement requires Chestnut Holdings to:

  • Determine in which of its apartments children under 6 live;
  • Conduct an annual investigation for lead paint hazards in all of its apartments where children under 6 live;
  • Resolve any and all lead paint hazards identified in these inspections within 90 days of the annual investigation; and
  • Inspect for and remediate any and all lead paint hazards when tenants vacate apartments.  

Chestnut Holdings will also pay $300,000 to the OAG to fund projects that help protect children from lead poisoning. The penalty amount is based on the extent of violations determined through the OAG’s investigation.  

This is the second major action that Attorney General 

James has taken in the past week to hold landlords accountable for failing to comply with New York City’s lead paint laws. Last week, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its NYC apartments are protected from dangerous lead-based paint.

Attorney General James thanks HPD for its assistance in this and other related ongoing investigations. Attorney General James also thanks the City of New York and New York state's Homes and Community Renewal for their assistance with data collection during this investigation.

“Some of the worst landlords in our city put the health and safety of New Yorkers at risk to protect their own profits, and Chestnut Holdings is near the top of my office's list,” said New York City Public Advocate Jumaane Williams. “I thank the attorney general for pursuing justice and reaching this settlement on behalf of tenants who have faced dangerous conditions as a result of Chestnut Holdings' negligence, and am glad to see that, as a result, more children and families can be protected against hazards in their homes.”

“New York City’s landmark Childhood Lead Poisoning Prevention law is key to ending the enduring devastation of lead in our communities,” said Matthew Chachère, attorney, Northern Manhattan Improvement Corporation. “But, far too many New York City landlords continue to ignore their obligations under the law and expose our children to wholly-preventable lead-based paint hazards. I applaud Attorney General James’ ongoing efforts to enforce the city’s lead law and hold landlords that violate this law accountable.” 

Brooklyn Residents Plead Guilty To Conspiring To Commit Arson In Connection With Burning Of NYPD Homeless Outreach Unit Vehicle

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that COREY SMITH and ELAINE CARBERRY pled guilty to conspiring to burn a marked New York City Police Department (“NYPD”) Homeless Outreach Unit van in the Greenwich Village neighborhood of New York, New York, in July 2020.  SMITH and CARBERRY pled guilty today before U.S. District Judge Lewis J. Liman, to whom the case is assigned. 

U.S. Attorney Audrey Strauss stated: “As they admitted in court today, Corey Smith and Elaine Carberry committed arson, deliberately setting fire to an NYPD van, then minutes later returning to the vehicle and – once again using an accelerant – ensuring its complete destruction.  Now Smith and Carberry await sentencing for their willful and wanton destruction of a law enforcement vehicle that had been used for outreach to homeless New Yorkers.”

According to the allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings:

On July 15, 2020, shortly after 4:30 a.m., SMITH and CARBERRY set a marked NYPD Homeless Outreach Unit van (“NYPD Van”) on the northwest corner of 12th Street and University Place on fire using ignitable liquid.  More specifically, as surveillance footage shows, as SMITH walked by the NYPD Van, CARBERRY handed SMITH a bottle filled with ignitable liquid and SMITH attempted to set fire to the NYPD Van.  After seeing that the NYPD Van was not fully engulfed in flames, CARBERRY again handed SMITH the bottle of ignitable liquid and SMITH circled back to the NYPD Van with more accelerant, and set it ablaze once more, thereby assuring the complete destruction of the NYPD Van. 

An analysis of the materials found in the NYPD Van confirmed the presence of an accelerant.  The Fire Department of the City of New York (“FDNY”) ultimately confirmed that the fire was deliberately set as an act of arson, resulting in the complete destruction of the NYPD Van. 

CARBERRY, 37, and SMITH, 25, both of Brooklyn, New York, each pled guilty to one count of conspiring to commit arson, in violation of 18 U.S.C. § 371, which carries a maximum penalty of five years in prison.  In connection with their guilty pleas, both defendants admitted their roles in the arson.  CARBERRY is scheduled to be sentenced by Judge Liman on January 5, 2022, at 2:00 p.m.  SMITH is scheduled to be sentenced by Judge Liman on January 11, 2022, at 2:00 p.m.

The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the New York City Arson and Explosion Task Force of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the NYPD, and the FDNY. 

Governor Hochul Visits One World Observatory with Prince Harry and Meghan, the Duke and Duchess of Sussex, and Mayor De Blasio

 WTC Visit

Earlier today, Governor Hochul visited One World Observatory with Prince Harry and Meghan, The Duke and Duchess of Sussex, and Mayor de Blasio.

DEPARTMENT OF BUILDINGS ADVISES PROPERTY OWNERS, CONTRACTORS, & CRANE OPERATORS TO TAKE PRECAUTIONARY MEASURES DURING HIGH WINDS

   

 The New York City area may experience severe weather, including thunderstorms, heavy rainfall, and potential wind gusts up to 60 MPH, starting tomorrow, Thursday, September 23rd, and continuing into Friday, September 24th. Accordingly, DOB is reminding all builders, contractors, crane operators, and property owners to secure their construction sites, buildings, and equipment.

 

The Department will be performing random spot-check inspections of construction sites around the city. If sites are not secured, the Department will take immediate enforcement action -- issuing violations and Stop Work Orders, where necessary.

Winds may reach higher speeds and last longer than forecast in certain areas of the city. Property owners must consider the safety of their buildings and construction sites, including cranes, suspended and supported scaffolding, hoists, and any other building appurtenances that may come loose from exposure to high winds. Structures that have been subject to deferred maintenance or are in delicate condition could be at greater risk. The Department suggests consulting a professional to advise how to secure construction sites and buildings.

 

To safeguard construction sites, builders, contractors, and developers should take all precautionary measures including but not limited to the following:

 

  • Tie down and secure material and loose debris at construction sites.
  • Cover electrical equipment from exposure to the weather.
  • Store loose tools, oil cans, and extra fuses in a tool box.
  • Secure netting, scaffolding, and sidewalk sheds.
  • Suspend crane operations and secure crane equipment when wind speeds reach 30 mph or greater.
  • Suspend hoist operations and secure exterior hoists when wind speeds reach 35 mph or greater, unless manufacturer specifications state otherwise.
  • Brace and secure construction fences.
  • Call 911 if there is an emergency on a construction site.


Buildings Bulletin 2015-029 outlines the requirements for vertical netting, debris netting and material-fall protection devices at buildings and construction sites.

To secure a building, property owners should take all precautionary measures including but not limited to the following:

  • Bring inside loose, lightweight objects such as lawn furniture, potted plants, garbage cans, garden tools, and toys.
  • Anchor objects that would be unsafe outside, such as gas grills or propane tanks.
  • Close up and secure patio umbrellas.
  • Secure retractable awnings.
  • Remove aerial antennas and satellite television dishes.
  • Take down tents or follow manufacturer’s instructions to secure them.
  • Check to ensure all gutters, roof drains, and down spouts are cleared of debris to allow for proper drainage.

 

New Yorkers are encouraged to call 311 to report non-compliant conditions or 911 to report emergencies at construction sites or buildings. New Yorkers who suspect a building or property has been structurally compromised should call 911.

Under §28-301.1 of the Administrative Code of the City of New York, property owners are legally obligated to maintain their properties in a safe condition.

Department weather advisories are strictly a courtesy to remind property owners to prepare their properties for severe weather and cannot be read to suggest that the Department, rather than the property owner, is responsible for maintaining his or her property.


State Senator Gustavo Rivera on the Resignation of NYS Department of Health Commissioner Zucker

 

GOVERNMENT HEADER

"Dr. Zucker’s ability to serve as the Commissioner of Health was hindered beyond repair by his decisions allowing the agency he led on behalf of the people of New York to become a political tool for Cuomo and his allies. His resignation is warranted and another step towards ensuring we hold those who neglected their duties under the Cuomo administration accountable. As we continue to face a devastating pandemic, we need the Department of Health to be fully transparent and functional. I trust that Governor Kathy Hochul will choose a qualified, dedicated public health expert who will turn the Department’s focus to what it should have always been --- to protect and improve the health and well being of all New Yorkers.”   

EDITOR'S NOTE:

Senator Rivera mentions that Dr. Zucker's ability to serve was a political tool for former Governor Cuomo. Senator Rivera was I mean is the Senate Health chair for how long Senator Rivera, and you never questioned Dr. Zucker once on what he was doing, and let's not say that you questioned him when he came before the committee. What policy that you felt was wrong did you prevent Governor Cuomo from installing through Dr. Zucker. In essence, you Senator Rivera should retire and go fishing with Dr. Zucker.

The Latest Cuomo Appointee to Resign - Howard Zucker State Department of Health Commissioner

 

The latest Cuomo appointee to resign

Kevin P. Coughlin/Office of former Gov. Andrew Cuomo

State Department of Health Commissioner Howard Zucker will resign, Gov. Kathy Hochul announced Thursday morning.

The embattled commissioner has been criticized for his handling of the coronavirus pandemic and alleged role in a cover-up of data showing the true COVID-19 death toll among nursing home residents. Hochul said he will remain in his current role until a replacement is named, which Hochul hinted might happen by the early October 45-day mark she has set for staffing up her new administration.

“He understands that in this time I've wanted to take the first 45 days to assemble a new team going forward,” Hochul told reporters at a Manhattan press conference. “That process is ongoing, and he understands and he respects that and he also has an opportunity to move on to new ventures, and I appreciate his service.”

NYC EMERGENCY MANAGEMENT ISSUES TRAVEL ADVISORY FOR THURSDAY THROUGH FRIDAY

 

A Flash Flood Watch is in effect citywide from 4 p.m. Thursday through 8 a.m. Friday

 New York City Emergency Management has issued a travel advisory for Thursday, September 23 through Friday, September 24. According to the National Weather Service, rain and scattered thunderstorms are forecast citywide beginning Thursday afternoon through Friday. Light rain on Thursday morning will become steadier after 2 p.m. with a chance for scattered thunderstorms. Some of the storms could produce gusty winds and heavy rain. Maximum rainfall rates are forecasted to potentially reach 1 inch per hour. The greatest chance of heavy rain and thunderstorms is from 6 p.m. Thursday through 2 a.m. Friday. There is also a potential for 60 mph wind gusts during periods of heavy rainfall and severe thunderstorms. A total of 1.5 inches to 2 inches of rain are expected with locally higher amounts possible. The National Weather Service has also issued a Flash Flood Watch for New York City beginning at 4 p.m. Thursday, September 23, through 8 a.m. Friday, September 24. A Flash Flood Watch is issued for New York City when there is a forecast for 1 inch of rain per hour for an entire hour.

The New York City Emergency Management Department is prepared, and will monitor the storm and rapidly respond to any potential impacts throughout the city. 

“The City is still working to recover Ida, and we want to ensure that New Yorkers are ready. New Yorkers should prepare for possible thunderstorms that can cause strong wind gusts and moderate rainfall,” NYC Emergency Management Commissioner John Scrivani said. “New Yorkers should give themselves additional travel time and take the appropriate precautions if they must move about the city during the storm.”  


Agency Actions 

  

  • NYC Emergency Management is working closely with the National Weather Service to monitor the storm’s track to determine any potential impacts to New York City.  
  • NYC Emergency Management has activated the City’s Flash Flood Emergency Plan.
  • NYC Emergency Management is hosting daily interagency conference calls with agency partners to coordinate the City’s preparation for the storm. 
  • NYC Emergency Management is contact with elected officials and community partners.  
  • The Department of Environmental Protection, the Department of Transportation, and the Department of Sanitation have crews cleaning debris on basins and are canvassing arterial highways for debris, inspecting all known flood locations and cleaning as required.  
  • Department of Transportation crews surveyed roadways in the city and will continue to do so throughout the night. 
  • NYPD and FDNY will monitor roadway and neighborhood conditions. 

  

Safety Tips 

  

  • If you live in a basement apartment, be prepared to move to a higher floor during periods of heavy rain.
  • If you live in a flood-prone area, keep materials such as sandbags, plywood, plastic sheeting, and lumber on hand to help protect your home.  
  • If you have a disability or access or functional need, make sure your plan addresses how your needs may affect your ability to evacuate, shelter in place, or communicate with emergency workers. Arrange help from family, friends, or service providers if you will need assistance. 
  • Exercise caution when traveling. Do not drive your vehicle or walk into areas where water covers the roadway as the water depth may be too great to allow you to cross safely. Use mass transit if possible.
  • When outside, avoid walking and driving through flooded areas. As few as six inches of moving water can knock a person over. Six inches of water will reach the bottom of most passenger cars, causing loss of control and possible stalling. One or two feet of water can carry away a vehicle. 
  • Stay out of any building if it is surrounded by floodwaters. Avoid flooded subway stations.
  • If you see downed electrical wires, do not go near them. Never attempt to move or touch them with any object. Be mindful that tree limbs, leaves, or water can cover downed wires from view. Always stay away from downed power lines because they could be live. 
  • Strong winds can bring down trees and power lines and can turn unsecured objects into dangerous projectiles. They can also cause power outages. To prepare for these hazards, New Yorkers should:
    • Check the area immediately surrounding your home for unsecured objects or potentially dangerous conditions. Tree limbs, garbage cans, yard debris, or other materials that can be moved by the wind are potential projectiles aimed at your home or parked vehicle.
    • Bring inside loose, lightweight objects such as lawn furniture, potted plants, garbage cans, garden tools and toys.
  • Report downed wires immediately. If a power line falls on your car while you are in it, stay inside the vehicle and wait for emergency personnel. 

Power Outages 

  

  • To prepare for a possible power outage, charge cell phone batteries, gather supplies, and turn your refrigerator and freezer to a colder setting. If you lose power, items that need refrigeration will stay cooler for longer. 
  • Make sure your flashlights and any battery-operated radios or televisions are working. Keep extra batteries. 
  • If you lose power and have a disability, access and functional needs or use life-sustaining equipment (LSE) and need immediate assistance, dial 911. 
  • Do not use generators indoors. 
  • Check on friends, relatives, and neighbors, especially older adults and people with disabilities, access and functional needs, or health conditions. Help them to prepare if needed. 

  

Stay Informed 

  

Before and during an emergency, the City will send emergency alerts and updates to New Yorkers through various channels including Notify NYC, the City’s free emergency notification system. Through Notify NYC, New Yorkers can receive phone calls, text messages, and/or emails alerts about traffic and transit disruptions and other emergencies. To sign up for Notify NYC, call 311, visit NYC.gov/NotifyNYC, or follow @NotifyNYC on Twitter.