CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION PROVIDES TIPS TO HELP CONSUMERS NAVIGATE THE HOLIDAY SHOPPING SEASON

 

Discover What to Look for When Reviewing Return and Refund Policies

Secretary Robert J. Rodriguez, “Avoid Surprises and Know the Policy Before You Buy”

Laws Protect Consumers so They can Make Informed Decisions During Holiday Shopping

 As part of its five-part consumer alert holiday series, the Department of State’s Division of Consumer Protection reminds shoppers of New York State laws that protect consumers so they can make informed decisions about holiday purchases. To avoid surprises, DCP recommends that consumers carefully review and understand what to look for when reviewing return and refund policies.

“Experts are predicting a strong holiday spending season despite recent economic challenges and as a result, we’re expecting more consumer activity this holiday season,” said New York Secretary of State Robert Rodriguez. “To avoid any surprises, I urge New Yorkers to pay attention to policies surrounding returns and refunds to be sure you are comfortable with the terms and know the policy before you buy.”

Around the holidays, gift givers and receivers often change their minds. According to the National Retail Federation, retail returns increased significantly last year (16.6% in 2021 versus 10.6% in 2020) and this year they’re expecting more. To help navigate the busy shopping season, DCP offers the following tips:

• Pay Attention to Return Policies: New York State law requires that retailers post their return and refund policies conspicuously to inform consumers before the transaction is completed. Retailers must provide a written copy of the store’s return policies when requested.

New York State Law does not require retailers to accept returns, however, they must post a conspicuous notice visible to consumers before the point of sale advising that no returns will be accepted.

If the retailer does not post a return policy, the law requires the retailer to accept returns of unused, undamaged merchandise within 30 days of the purchase date, with proof of purchase, and provide a refund in the form —cash or a credit — of the consumer’s preference

• Understand the Refund Terms: For retailers that allow returns, New York State law does not require refunds to be given in any specific manner. However, it does require the form of the refund —cash, credit, or exchange — be clearly disclosed in advance of purchase. Retailers must also disclose any fees associated with the return. If no fee is listed, shoppers should inquire whether the store imposes a re-stocking fee for returned merchandise and determine prior to purchase if the item can be returned for a refund or only store credit.

• Retain Any Proof of Purchase: Consumers should retain receipts in the event a product needs to be returned, and when purchasing gifts, ask if a gift receipt is available.

Consumers having trouble obtaining a store refund are encouraged to file a complaint with the New York State Division of Consumer Protection.

The New York State Division of Consumer Protection provides resources and education materials to consumers, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection.

For more consumer protection tips, follow the Division on social media at Twitter: @NYSConsumer and Facebook: www.facebook.com/nysconsumer

Council Member Marjorie Velázquez - What's Happening in District 13

 

Dear Neighbor,

Happy December! This year has flown by and we have accomplished so much together. Just last week, our community celebrated Thanksgiving with their families and friends, both far and near. It’s always a magical experience when everyone comes together and talk about what they are grateful for or to spend time with loved ones.

In the days leading to Thanksgiving, I worked alongside our local community centers, Bronx House and the Kips Bay Boys and Girls Club, and several partners to bring Thanksgiving dinner to homes across our district. No one should ever have to go without food during the holidays, and partners like ours help to narrow the food insecurity gap. Through their generosity, we were able to help hundreds of families and seniors this holiday season. If you or someone you know is facing food insecurity, contact my office, and a Constituent Services Liaison will be happy to assist you.

As the winter holidays quickly approach, I ask you to reflect this season. When we reflect on our actions and thoughts, we are reminded that we are one of the billions of people in this world, and those around us help diversify our communities and the world. Whether it is a religious holiday, cultural custom, or personal situation, empathy is fundamental. You may learn something new or help someone in the process.

If you have general questions or inquiries, please call my office at (718) 931-1721 and leave a message or email us at District13@council.nyc.gov; if you have an emergency, please call #911.

In the meantime, I look forward to seeing you all around the district and hope you have a safe weekend!

Sincerely,

Council Member Marjorie Velázquez

Brooklyn Woman Pleads Guilty To COVID-19 Fraud Scheme And To Separate Fraud Against NYCHA

 

CHANETTE LEWIS Conspired to Commit Pandemic Fraud by, Among Other Things, Defrauding New York City’s COVID-19 Hotel Room Isolation Program and Perpetrated a Separate Fraud Scheme Against the New York City Housing Authority

 Damian Williams, the United States Attorney for the Southern District of New York, announced that CHANETTE LEWIS pled guilty today to two counts of conspiracy to commit wire fraud.  LEWIS participated in a scheme to commit COVID-19 pandemic fraud by, among other things, defrauding New York City’s COVID-19 Hotel Room Isolation Program.  LEWIS also committed a fraud in which she submitted fabricated documents to the New York City Housing Authority (“NYCHA”) — such as purported Orders of Protection bearing Judges’ names, purported letters from a District Attorney, and purported letters from healthcare professionals attesting to alleged medical issues — in order to secure public housing benefits for herself and her customers.  LEWIS pled guilty before United States Magistrate Judge Stewart D. Aaron.  LEWIS’s case is assigned to United States District Judge Lewis A. Kaplan.

U.S. Attorney Damian Williams said: “Chanette Lewis took advantage of multiple lifelines offered to New York City residents in need during the COVID-19 pandemic.  Each of her schemes misappropriated identifying information of hardworking individuals, including medical professionals whose services were vital during the pandemic.  For her brazen crimes, Lewis now faces possible prison time.”

According to the allegations contained in the Superseding Information, court filings, and statements made during plea proceedings:

LEWIS’s COVID-19 Pandemic Fraud Scheme

From April 2020 through September 2021, LEWIS conspired to commit COVID-19 pandemic fraud by, among other things, defrauding the COVID-19 Hotel Room Isolation Program (the “Program”).  In response to the COVID-19 pandemic, New York City created the Program.  Funded by New York City and the Federal Emergency Management Agency, the Program provided free hotel rooms for qualifying individuals throughout New York City.  The Program was open to (a) healthcare workers who needed to isolate because of exposure to COVID-19; (b) patients who had tested positive for COVID-19; (c) individuals who believed, based on their symptoms, that they were infected with COVID-19; and (d) individuals who lived with someone who contracted COVID-19.  As stated on the City’s website describing the Program, such individuals “may qualify to self-isolate in a hotel, free of charge, for up to 14 days if you do not have a safe place to self-isolate.”  Those who wished to book a hotel room through the Program could either call a phone number or use an online hotel booking platform. 

LEWIS defrauded the Program in several respects.  First, she secured free Program hotel rooms for herself by falsely claiming to be a healthcare worker.  Second, she sold at least approximately 1,936 nights’ worth of fraudulently obtained hotel rooms to customers who were ineligible for the Program.  Third, LEWIS abused her employment, which was supposed to be in service of the Program.  Specifically, LEWIS worked at a call center that handled phone calls and certain reservations for the Program for several months in 2020.  LEWIS was hired specifically for the Program, and as a result of her employment, she had access to legitimate healthcare workers’ identifying information.  LEWIS abused her position, including by misappropriating healthcare workers’ identifying information, revealing the Program’s inner workings to co-conspirators, and making unauthorized sales of Program hotel rooms to ineligible individuals.  For instance, LEWIS sold a co-defendant, for $800, personal identifying information of at least five healthcare professionals, as well as certain “codes” to use when booking hotel reservations through the Program, such as an employee ID number and license number.  LEWIS admitted, in Facebook messages, that she had stolen doctors’ identifying information in furtherance of the scheme, writing: “I work for 311 oem [i.e., the Office of Emergency Management] that how I got doctors licenses and stuff . . . I work in the part that I collect they information and I do and approval the booking . . . I take doctors and stuff certificate numbers and stuff.”  LEWIS also advertised to potential customers that, when hotels asked for a healthcare worker’s identification, LEWIS would supply a purported paystub and a letter falsely asserting that the individual was a healthcare worker.

LEWIS’s Fraud against NYCHA

From in or around July 2020 until October 2021, LEWIS participated in a conspiracy to defraud NYCHA.  LEWIS submitted fabricated documents to NYCHA — such as purported Orders of Protection bearing Judges’ names, purported letters from a District Attorney, and purported letters from doctors attesting to alleged medical issues — in order to secure public housing benefits for both herself and others, such as transfers to larger NYCHA apartments.  In total, LEWIS submitted fraudulent applications to NYCHA on behalf of approximately 35 individuals, a number of whom in fact received the public housing benefit they requested based on fraudulent documentation.

LEWIS, 31, of Brooklyn, New York, pled guilty to two counts of conspiracy to commit wire fraud, each of which carries a maximum sentence of five years in prison.  Under the terms of her plea agreement, LEWIS has agreed to forfeit $289,536 and to pay restitution of $360,916. 

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  LEWIS is scheduled to be sentenced by Judge Kaplan on May 18, 2023, at 3:00 p.m.

One of LEWIS’s co-defendants, Tatiana Daniel, previously pled guilty to conspiracy to commit wire fraud and is scheduled to be sentenced by Judge Kaplan on March 29, 2023, at 2:30 p.m.  LEWIS’s two other co-defendants are currently scheduled to proceed to trial before Judge Kaplan on January 17, 2023. 

Mr. Williams praised the outstanding efforts of agents, investigators, and analysts from the New York City Department of Investigation (“DOI”), DOI – NYCHA Office of the Inspector General, the New York Regional Office of the U.S. Department of Labor – Office of Inspector General (“DOL-OIG”), and the U.S. Attorney’s Office for the Southern District of New York.  Mr. Williams also thanked the New York/New Jersey High Intensity Drug Trafficking Area Intelligence Analysts for their support and assistance in this investigation.  He also expressed gratitude to the New York City Police Department, the New York State Department of Labor, and the DOL-OIG Atlanta Regional Office for their assistance.

State Senator Gustavo Rivera on Dr. Mary Bassett's Resignation as New York State's Health Department Commissioner

 

"I want to express my tremendous gratitude to Dr. Mary Bassett for her time as our State’s Health Commissioner. During her tenure, Dr. Bassett successfully centered her Department’s work on a core mission— health equity. I am grateful for her focus on protecting and improving the health and well-being of all New Yorkers, especially during compounding crises of the ongoing COVID-19 pandemic and the outbreaks of MPV and polio. 

As Governor Hochul embarks on her search for our next Health Commissioner, I encourage a thorough search for someone who shares Dr. Bassett's commitment to forward-thinking, compassionate, and efficient public health initiatives focused on combatting deep-rooted health disparities and historic systemic inequities affecting communities of color. We have Dr. Bassett to thank for shepherding last year's significant invesments in Medicaid and the most robust public health budget in recent memory. Our state deserves a Commissioner who sees health equity as a North Star for our public health work. 

To Dr. Bassett, I wish you the best in your next professional chapter. As a New Yorker and a colleague, thank you for serving our great State so honorably."  

Housing Lottery Launches For Melrose North At 341 East 162nd Street In Melrose, The Bronx

 

The affordable housing lottery has launched for Melrose North, a 12-story residential building at 341 East 162nd Street in Melrose, The Bronx. Designed by Curtis + Ginsberg Architects and developed by New York City Housing Authority, the structure yields 171 residences. Available on NYC Housing Connect are 67 units for residents at 50 to 80 percent of the area median income (AMI), ranging in eligible income from $0 to $132,400.

Amenities include an on-site superintendent, front desk security, a community room, residential yard, bicycle storage room, and shared laundry room. Residences come with intercoms and energy-efficient appliances.

At 50 percent of the AMI, there are 26 units with a monthly rent ranging from $0 to $1,094 for incomes ranging from $0 to $82,750. At 70 percent of the AMI, there are 19 units with a monthly rent ranging from $1,345 to $1,844 for incomes ranging from $49,475 to $115,850. At 80 percent of the AMI, there are 22 units with a monthly rent ranging from $1,559 to $2,140 for incomes ranging from $56,812 to $132,400.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than January 30, 2022.

NYC PUBLIC ADVOCATE QUESTIONS DETAILS OF CITY'S NEW MENTAL HEALTH POLICIES, PUSHES FOR SPECIFICS

 

Public Advocate Jumaane D. Williams continued to question the Adams administration’s new mental health initiative today, pushing for specifics after Tuesday’s announcement of a plan which includes involuntary hospitalization, among other strategies. In a letter to the administration, the Public Advocate questioned several elements of the proposal – including its intentions, implementation plan, and investment levels. 

“I know we agree on the need to address the mental health crisis in our city and related issues, I trust we also agree that we cannot treat mental health or homelessness as simply law enforcement issues…” wrote Public Advocate Williams. “There has been widespread and understandable confusion and alarm among New Yorkers in the wake of your announcement on November 29, including from people who may share a goal of treating the mental health crisis but believe that the proposed methods that had the most clarity do not meet the practical constraints or ethical guidelines for care and continuum of care we must set for the city.”

Earlier this month, the Public Advocate released a review of the city’s mental health response, updated from a previous report in 2019, and found that while the city had made some progress, in many areas it had remained stagnant or gone backward. He wrote yesterday of the mayor’s announcement that, “While some steps were alluded to in line with the report, much of your recent announcement seems to continue the City’s long standing pattern of police-first policies.”

The Public Advocate’s extensive questions include:

•   How will your administration allocate funding to these proposed initiatives and how much? What percentage of these funds would be allocated to the NYPD? What about EMS and mental health professionals?
•   Not all EMS are city employees. Is there an expectation that private hospitals will be incorporated in first-response?
•   There are currently no established guidelines regarding removals for mental health evaluations. How will police officers and EMS be trained on how to recognize people who would fall under involuntary removal given that it is deemed subjective?
•   Additionally, will this training have any overlap with already-existing crisis intervention training for the NYPD? 
•   How will the NYPD determine what protocols to change, including the training of officers?
•   What protections will individuals have against excessive force during involuntary removal?
•   Who will pay for the medical treatment of those placed on an involuntary hold? 
• Will the city cover all medical bills for those detained? 
• Will an individual’s health insurance (if they are insured) be billed for medical expenses?
• Is there an expectation that the individual detained will need to pay any related costs?
•   Are there protocols under DOHMH that would address a situation where the individual refuses treatment including medication whilst in the hospital?
•   Will the city expedite the scaling up of psychiatric beds when there is already a shortage of beds?
•    Where will the psychiatric beds be located? Are there priority locations throughout the city?
•   Is there an expectation that hospitals may need to make space for additional psychiatric beds and possibly modify space and beds for other medical services?
•   How will additional beds be funded? How many beds does the city project needing to add over the next fiscal year?
•   Regarding the continuum of care, will supportive housing become a priority in ensuring individuals do not end up on the street and without treatment? 
•   How will you ensure the housing system will have supportive infrastructure to keep individuals safe and sheltered?
•   What protections will EMS, NYPD, and health care providers have against lawsuits for false imprisonment?

He closed his questions reaffirming that “We both agree it is in our city’s best interest to address the ongoing mental health crisis and make it a major priority. In asking these questions I am hoping to continue collaboration and transparency so that all stakeholders understand what the steps and processes behind the city's mental health response look like.”

Download the Public Advocate's full letter to the administration here. Read his new review, Improving New York City’s Responses to Individuals in Mental Health Crisis: 2022, here.

Governor Hochul Announces State Police Arrest 213 People for Impaired Driving During Thanksgiving Holiday Crackdown

 

Troopers Issue Nearly 14,100 Tickets During the 2022 Thanksgiving Holiday Traffic Enforcement Period

 Governor Kathy Hochul today announced the New York State Police issued 14,063 tickets during this year's Thanksgiving traffic enforcement initiative, which targeted unsafe driving behaviors during the holiday weekend. State Troopers arrested 213 people for driving while impaired and investigated 927 crashes, three of which included fatalities. The special traffic enforcement period, which is funded by the Governor's Traffic Safety Committee, ran from Wednesday, November 23, through Sunday, November 27, 2022.  

"Drinking before getting behind the wheel, speeding and distracted driving are all poor choices that can have life altering consequences," Governor Hochul said. "I want to commend the efforts of law enforcement members who worked through the holiday period to crack down on impaired and reckless driving. Their hard work is contributing to keeping New York's roadways amongst the safest in the nation." 

The State Police supplemented regular patrols statewide, including fixed sobriety checkpoints, an underage drinker initiative and the "Operation Hang Up" initiative, which targets distracted drivers by utilizing Concealed Identity Traffic Enforcement (CITE) patrol vehicles to better locate drivers talking or texting on handheld devices. These unmarked vehicles blend in with everyday traffic but are unmistakable as emergency vehicles once the emergency lighting is activated.  

As part of the enforcement, Troopers also targeted speeding and aggressive drivers across the state. Below is a sampling of the total tickets that were issued. 

• Speeding - 4,757 
• Distracted Driving - 425 
• Seatbelt violations - 1,791 
• Move Over Law - 131 

The results of the campaign broken down by Troop: 

Troop	Region	Speed	DWI Arrests  (# of persons)	Distracted Driving	Child Restraint/  Seat Belt	Move Over	Total  Tickets  (includes other violations)
A	Western NY	320	13	18	221	5	1,201
B	North Country	272	4	6	68	15	865
C	Southern Tier	471	8	30	250	16	1,400
D	Central NY	522	11	41	486	10	1,791
E	Finger Lakes	381	16	15	135	9	1,414
F	Upper Hudson Valley	405	45	65	136	7	1,201
G	Capital Region	411	21	30	94	13	1,116
K	Lower Hudson Valley	836	42	57	90	30	1,679
L	Long Island	411	31	50	77	2	1,132
NYC	New York City	98	4	53	24	2	600
T	NYS Thruway	630	18	60	210	22	1,664