Saturday, December 10, 2022

Governor Hochul Announces New York City Subway Sets Ridership Record on December 8

 MTA NYC Subway

Subways Reach 3.93 Million Riders on a Single Day for First Time Since March 2020

OMNY Sets Single Day Record for Subway Taps on Consecutive Days, with More Than 1.5 Million Taps Each Day


 Governor Kathy Hochul today announced that the Metropolitan Transportation Authority set a pandemic-era subway ridership record yesterday, Thursday, December 8, with 3,925,280 riders, topping the previous record set on Thursday, October 27. The last time the subways carried more than 3.9 million riders was March 12, 2020. 

OMNY also set a record for subway taps, setting single-day records for taps on consecutive days with 1,514,837 taps on Wednesday, December 7, and 1,561,846 taps on Thursday December 8. The records surpass the previous high, which was also set on October 27. 

"This ridership record is proof that our recovery is on track," Governor Hochul said. "Whether it's tourists coming back to New York or local residents going out to enjoy holiday attractions, the energy and vitality of this city, above and below ground, is back."

OMNY usage continues to surge across the New York City Transit system. Currently, about 40 percent of subway riders are paying via OMNY. On September 15, the MTA recorded the 500-millionth OMNY tap at Grand Central Terminal. Following its debut in 2019 as a pilot phase to the public, the rollout of the contactless system was completed in December 2020. All of the MTA's 472 subway stations and 5,800 buses are now equipped with approximately 15,000 OMNY readers. 

The MTA announced the expansion of OMNY to Reduced-Fare customers in October, becoming the first major transit system to offer reduced fares on personal payment devices. In just four days, more than 1,300 Reduced-Fare customers made the switch from MetroCard to OMNY, bringing the total to nearly 2,800 total Reduced-Fare customers using OMNY, which includes the soft launch participants. 
 
Reduced-Fare customers can make the switch from MetroCard to OMNY seamlessly online with the OMNY digital assistant, which is available 24/7 at OMNY.info. A how-to video for customers who want to switch to OMNY can be seen here.  

Nigerian National Charged with $8 Million Computer Hacking, Wire Fraud, and Money Laundering Activities

 

 A Nigerian man has been indicted for his role in computer hacking, wire fraud, and money laundering acts that defrauded companies of nearly $8 million after compromising companies’ business e-mail accounts, U.S. Attorney Philip R. Sellinger announced today.

Oladeji Nathaniel Adelekan, aka “Djzle,” 28, of Lagos, Nigeria, was indicted by a federal grand jury on one count each of wire fraud conspiracy, wire fraud, conspiracy to access a protected computer in furtherance of fraud, unauthorized access of a computer with intent to defraud, and money laundering conspiracy. 

According to documents filed in this case and statements made in court:

Between February 2019 and April 2020, Adelekan and his conspirators enriched themselves by tricking corporate employees into transferring company funds to bank accounts that the conspirators controlled. Using phishing emails, Adelekan and his conspirators compromised the email accounts of corporate victims, including a pharmaceutical company headquartered in New Jersey and a technology firm headquartered in Oregon.

In April 2019, the conspirators sent a phishing email to an email account controlled by the pharmaceutical company. Once an employee clicked on a link in the email, the company’s email system was compromised, and the hackers diverted emails sent to the company’s compromised email account to an email account they controlled. Pulling information from the emails that they had diverted, Adelekan and his conspirators spoofed other email accounts at the pharmaceutical company and its supplier. In May 2019, using the supplier’s spoofed email account, the conspirators directed the pharmaceutical company to send a $7.5 million wire transfer to a bank in Mexico for the purported benefit of the supplier to satisfy an outstanding invoice, but which wire transfer actually went to a bank account controlled by the conspirators.

In January 2020, the coconspirators used similar tactics to obtain access to an email account of the Oregon technology firm. The hackers then diverted business emails from that email account to an email account they controlled. In April 2020, the conspirators caused an employee of the Oregon technology firm to execute a $130,000 wire transfer to a bank account in Hong Kong, another bank account controlled by Adelekan and his conspirators.

The counts of conspiracy to commit wire fraud and wire fraud each carry a maximum potential punishment of 20 years in prison. The counts of conspiracy to commit unauthorized access of a computer and unauthorized access of a computer each carry a maximum punishment of five years in prison. The count of money laundering conspiracy carries a maximum of 20 years in prison. All of the charges carry a fine of up to $250,000, or twice the gross loss or gain caused by the offense, whichever is greatest.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Statement from Speaker Adrienne Adams and Finance Committee Chair Justin Brannan on the Mayor’s November Financial Plan ahead of Council Finance Hearing

 

“We need a municipal government that works for the people of this city, achieved by ensuring agencies are adequately staffed and supported so they can successfully provide essential services for New Yorkers. A city often more focused on wasteful contracts than fixing its core workforce shortage will not get us there. Understaffing and underspending on the most critical services for New Yorkers at key agencies that can confront the crises facing our city is not efficiency. 

“This Administration cannot decimate the municipal workforce, and then pretend it has no effect on the people of this city simply because they say so. A set of ideas focused on increasing the pace of development to confront the affordable housing shortage while simultaneously understaffing and eliminating positions at DOB, HPD, and the agencies required to do the work will not move us forward. New York City cannot successfully address our mental health crisis while cutting mental health programs and understaffing the Department of Health. The Council will continue to confront the inconsistencies between this Administration’s actual budget commitments and its public announcements on how to address New Yorkers’ greatest challenges. We need consistent and effective management that prioritizes investments in our city’s functionality and its people. The Council is deeply concerned about the Mayor’s budget plan falling woefully short in meeting the needs of our city and communities, and this Council will always prioritize New Yorkers.” 

STANDING IN PUTNAM, AFTER HUNDREDS OF DANGEROUS ACCIDENTS AT METRO-NORTH CROSSINGS, SCHUMER BLOWS THE WHISTLE ON UNSAFE RAIL CROSSINGS ACROSS THE HUDSON VALLEY AND LAUNCHES NEW TWO-TRACK PLAN TO MAKE METRO-NORTH SAFER FOR HUDSON VALLEY COMMUTERS AND LOCAL COMMUNITIES

 

With Metro-North Ridership Reaching Post-Pandemic Highs–4.8 Million Last Month–Schumer Says Feds Need To Step Up To Boost Rail Safety For Commuters and Drivers

After Horrific 2015 Valhalla Train Crash That Killed Six People, Schumer Pushed For Major Train Safety Increases–Now He Wants Feds To Get All Aboard To Help Improve Life-Saving Measures For Train Crossings Critical To Putnam, Dutchess, Westchester And Hudson Valley Residents

Schumer: Feds Must Fast Track Hudson Valley Rail-Safety Improvements 

Standing with community leaders, ACRE union members, train safety advocates, and local officials at one of five soon-to-be upgraded Metro-North highway-grade crossings in Garrison, New York, U.S. Senate Majority Leader Charles E. Schumer today launched his two-track plan to make the Hudson Valley safer for commuters, drivers, pedestrians, first responders, and railroad employees.

Schumer explained that Metro-North Crossings across the Hudson Valley have been notorious sites for hundreds car accidents – with local officials saying many near accidents constantly going unreported. Now, with the bipartisan Infrastructure Investment & Jobs Act (IIJA) passed, which includes over $9 billion in federal rail safety funding, Schumer said that it is a unique moment to finally get long overdue investments Hudson Valley communities have sought back on track.

“We will never forget the tragedies in Valhalla and Spuyten Duyvil, and need to do more – and to do it faster – to achieve better rail safety for Hudson Valley commuters, rail workers, pedestrians and drivers. I have already secured $4 million to upgrade five Metro-North grade crossings in Dutchess and Putnam counties, but we can’t let progress idle, which is why I am calling on the feds to get all aboard with my two-track plan to increase rail safety funding and fast track long overdue projects to keep commuters, workers and residents safe,” said Senator Schumer. “My plan would invest over $100 million to put in place common sense and widely desired measures for Hudson Valley families, drivers, and commuters. When I led the Bipartisan Infrastructure and Jobs Law to passage, it was desperately needed community investments like this that I had in mind. It is time to fast track these improvements and get the Hudson Valley residents the increased rail safety they deserve.”

Schumer revealed that he has already secured $4.4 million through the Commuter Authority Rail Safety Improvement (CARSI) program to make critical safety improvements at Manitou Station Road and four other grade crossings in Dutchess and Putnam Counties. This funding will help upgrade warning systems, boost accessibility, and help Metro-North to implement other new safety measures on its Hudson and Harlem Lines.

Schumer said, however, that the feds cannot idle and that much more is needed to address rail safety across the Hudson Valley.  For example, Schumer explained that the nearby Roaring Brook Road crossing in Westchester, located less than half a mile from Horace Greeley High School, has seen over 180 car accidents and 27 signal malfunctions in just the past five years alone. Schumer said this is only a small example of the hundreds of accidents and near accidents that occur at rail crossings across the Hudson Valley. In October 2022, Metro-North had its strongest ridership since March 2020, with over 4.8 million riders which Schumer said should make addressing these safety concerns a top priority. 

Schumer said he is launching a two-track plan for the feds to bolster rail safety across the Hudson Valley.

First, following the horrific 2015 Valhalla train crash that killed six people, Schumer said he is pushing for $67 million to eliminate the dangerous grade crossing in the Town of New Castle that is also on Metro-North’s Harlem line. Schumer said that even though local officials have worked for years to make safety improvements, the cost of building of eliminate the crossing has been too high for localities to take on their own. However, thanks to the new $3 billion in Railroad Crossing Elimination Program that he secured in the IIJA, the senator said the federal funding is now finally available to make projects like this happen and he is pushing for the Hudson Valley to be able to tap that pot. This would allow the Town of New Castle to build a bridge and eliminate the dangerous Harlem Line crossing near the Saw Mill River Parkway that has seen over 850 accidents in 15 years.  

Second, building on his successful calls for Metro-North to install life-saving positive train control (PTC) technology, Schumer said he is also pushing to secure $45 million for additional system-wide safety improvements to enhance current PTC tech through the Consolidated Rail Infrastructure and Safety Improvement (CRISI) program. The CRISI program is slated to receive $5 billion over five years thanks to the IIJA specifically for helping prevent dangerous train crashes, like those that have plagued Hudson Valley residents, including as recently as a few days ago. PTC is a communications and signaling system that can be used on railroads to prevent accidents caused by excessive speed and human error. Schumer said this technology works by automatically slowing trains down in the event of an emergency or if there’s a dangerous obstacle on the tracks. Metro-North installed PTC on all its trains with a feature called Secure Positive Train Stop Release. The secure PTSR enables an operator to override the automatic stoppage of a train (the PTC system) if there is a known circuit problem, and to do so with a single push of a button. This button could easily be mis-pressed, so a modification to enhance the system with a series of matching codes is needed. The new system requires the train engineer to input a code provided by the dispatcher. Only once the codes match can the override button be activated. If funded, this grant would add the new code feature to the secure positive train stop release (Secure PTSR) to Metro-North trains, adding an additional step for train operators to type in a code to override the slowing down of the trains by dispatchers.

The Hudson Valley has long history of train accidents impacting Putnam, Dutchess, and Westchester counties. In February 2015, a Metro-North train traveling on the Harlem line struck an SUV on its tracks at a grade crossing in Valhalla, New York, killing five passengers and the car driver and injuring many more—the deadliest accident in Metro-North’s history. In 2013, the Spuyten Duyvil tragedy was the deadliest train accident within New York City since 1991, losing four lives and seeing more than sixty people injured. Currently, Metro-North has 74 public highway-rail crossings and 34 private-highway rail crossings.

Responding to these incidents and others, Schumer has been a fierce advocate for PTC and rail safety. PTC is a communications and signaling system that can be used on railroads to prevent collisions caused by excessive speed and human error. The National Transportation Safety Board (NTSB) has found dozens of passenger and freight rail accidents over the years that could have been prevented through the use of PTC, including the 2013 Spuyten Duyvil crash. In 2015, Schumer helped to secure a low-cost, federal Railroad Rehabilitation and Improvement Financing (RRIF) loan from the Department of Transportation (DOT) for $976.1 million to be used by the MTA and its railroads for PTC implementation. DOT gives RRIF priority to projects that provide public benefits, including benefits to public safety such as PTC. The nearly $1 billion in RRIF financing enabled the LIRR and Metro-North to swiftly install and implement PTC.

In the IIJA, Schumer secured several key rail safety provisions. This includes $33 million over five years to New York State for the formula Railway-Highway Crossing program to execute projects that reduce fatalities and injuries at railway grade crossings. Schumer also secured the above mentioned $3 billion in competitive funding for the Railroad Crossing Elimination program which seeks to reduce fatalities and injuries by providing physical separation through a tunnel, bridge, embankment, or similar infrastructure, and $5 billion for the competitive Consolidated Rail Infrastructure and Safety Improvement program.  


Attorney General James Secures Over $3 Million from Home Health Agency for Cheating Workers and Medicaid Fraud

 

White Glove Community Care Fraudulently Obtained More Than $1 Million in Medicaid Funds and Failed to Pay Required Wages to Employees

Company Agrees to Pay $1.2 Million to Medicaid Program and Return $2 Million to Current and Former Employees

New York Attorney General Letitia James today announced two agreements with White Glove Community Care, Inc. (White Glove), a Brooklyn-based home health agency, for causing false claims to be submitted to Medicaid and cheating employees out of hard-earned wages. Under the agreements, one reached with the Office of the Attorney General’s (OAG) Labor Bureau and the other with OAG’s Medicaid Fraud Control Unit (MFCU), White Glove will return $2 million in unpaid wages to workers and pay $1.2 million to the New York State Medicaid Program (Medicaid). White Glove has admitted to wrongful conduct. The United States Attorney’s Office for the Eastern District of New York (EDNY) is also party to the settlement resolving White Glove’s Medicaid fraud liability.

“Home health aides work tirelessly to provide critical care for our most vulnerable neighbors, and they deserve to receive adequate and fair compensation for their hard work,” said Attorney General James. “White Glove cheated their employees, and they cheated the everyday New Yorkers whose tax dollars fund the Medicaid program. My office will always stand up against bad actors, and ensure all workers get fair pay for their work.”

“The arduous work that these aides do, day after day, ensures that some of our most vulnerable neighbors receive the care and are shown the dignity that they deserve,” said United States Attorney Peace. “This settlement — the third in our continuing investigation of certain licensed home care service agencies — reflects this Office’s ongoing commitment to providing home health aides the hard-earned benefits guaranteed them under New York law and the Medicaid program.”

The New York Wage Parity Act sets wage and benefit minimums that state-licensed home care services agencies (LHCSAs) are required to pay to employees who perform home health aide and personal care services to Medicaid recipients. Under the law, workers are entitled to a base wage of $17.00 per hour, paid by the agencies, in New York City, Nassau, Suffolk, and Westchester counties, or $15.20 per hour for the remainder of the state, and an additional fringe benefit of $4.09 per hour in New York City or $3.22 per hour in Nassau, Suffolk, and Westchester counties. The Medicaid program reimburses LHCSAs for the cost of services provided to Medicaid recipients, and reimbursement is conditional on the agency’s compliance with the requirements of the Wage Parity Act.

The joint investigation by OAG and EDNY found that White Glove failed to pay its home health aides and personal care aides the required wages and benefits owed to them pursuant to the Wage Parity Act; sought payment from Medicaid and received money for care performed by aides who were underpaid; and falsely certified compliance with the Wage Parity Act.

Between March 2012 and December 2018, White Glove underpaid its home care aides. As a result of the settlement announced today, White Glove will pay a total of $2 million to OAG for distribution to current and former employees.

White Glove will also revise company policies and procedures; train personnel on updated policies subject to OAG’s approval; and regularly report staff wages and policy implementations to OAG for a period of three years. If White Glove fails to comply with these terms or properly compensate its aides, OAG has the authority to bring a civil action against the agency and demand $15,000 in damages for violating its legal obligations.

White Glove will also pay more than $1.2 million to the Medicaid Program, of which $758,425.47 will go to New York state. The remaining $505,616.98 will be paid to the federal government.

The OAG and EDNY commenced these investigations after whistleblowers filed a complaint under the qui tam provisions of the New York False Claims Act and the federal False Claims Act in the United States District Court for the Eastern District of New York. The New York False Claims Act allows individuals to file actions on behalf of the government and share in any recovery. The state has since filed a notice of intervention against White Glove for the purposes of settling its Medicaid fraud claims.

Attorney General James thanks United States Attorney Peace and EDNY for their collaboration on this matter.

MFCU’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.

Four Defendants Arrested For Multimillion Dollar Fraud And Money Laundering Scheme

 

Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Patrick Freaney, Special Agent in Charge of the New York Field Office of the United States Secret Service (“USSS”), announced that JOEL ZUBAID, DAVID GORAN, JULIAN REBIGA, a/k/a “Iulian Rebiga,” and MARTIN MIZRAHI, a/k/a “Marty Mizrahi” (collectively, the “Defendants”), were arrested for participating in a scheme to defraud businesses, banks, and individuals of more than $9.2 million through business email compromise and credit card fraud schemes.  REBIGA was presented yesterday in the United States District Court for the Central District of California, ZUBAID and GORAN will be presented today in the United States District Court for the Central District of California, and MIZRAHI will be presented today in the United States District Court for the District of Nevada.  The case is assigned to U.S. District Judge J. Paul Oetken.

U.S. Attorney Damian Williams said: “Joel Zubaid, David Goran, Julian Rebiga, and Martin Mizrahi worked together on multiple schemes that included fleecing legitimate businesses by using compromised email accounts.  In tricking them into sending millions of dollars to the defendants’ own bank accounts and using stolen identities and credit card information, they were able to fraudulently charge millions of dollars through business that they controlled.  Thanks to the efforts of this Office and our law enforcement partners, they now face serious federal charges and justice.”

FBI Assistant Director in Charge Michael J. Driscoll said: “As we allege today, the defendants participated in several schemes designed to defraud multiple businesses of millions of dollars while also deliberately concealing the stolen proceeds of the frauds in a series of transactions.  The FBI is determined to discover and disrupt frauds of this – and any – nature and will ensure that perpetrators are held accountable for their actions.”

USSS Special Agent in Charge Patrick Freaney said: “Cyber fraudsters continue to present a real and credible threat through their attempts at sophisticated business email compromise schemes aimed to defraud victims.  As demonstrated in this case, collaboration and partnership across law enforcement results in successfully identifying those fraudsters and bringing them before our justice system.  The Secret Service is proud to partner with the Federal Bureau of Investigation in having the defendants named in this indictment answer the charges brought against them in the Southern District of New York.”

As alleged in the Indictment unsealed today: [1]

From at least in or about April 2021 through at least in or about June 2021, the Defendants participated in at least three schemes to defraud businesses, banks, credit card companies, and other entities and to launder the fraud proceeds received.  The Defendants participated in at least two business email compromise schemes in which co-conspirators sent email messages to victims that fraudulently asked those victims to send money to bank accounts under the Defendants’ control.  As a result, the victims of the business email compromise schemes sent wire transfers worth more than $5.4 million to the bank accounts identified by the scheme participants, the majority of which went to the Defendants’ bank accounts.  The Defendants, knowing that the money represented fraud proceeds, then transferred those fraud proceeds to other accounts, or converted it into cryptocurrency, in transactions designed to conceal and disguise their source, ownership, and control.  When banks froze or sought to recover some of the fraud proceeds, the Defendants made multiple attempts to retain or recover control over the funds by lying to the banks about the purpose of the transfers.

In addition, during the same time period, the Defendants participated in a scheme to fraudulently submit more than $3.8 million in charges using stolen credit card information, without the authorization or consent of the card holders.  The charges were conducted through point-of-sale credit card machines associated with companies controlled by MIZRAHI and REBIGA.       

JOEL ZUBAID, 55, of Riverside, California, DAVID GORAN, 56, of Riverside, California, JULIAN REBIGA, a/k/a “Iulian Rebiga,” 55, of Long Beach, California, and MARTIN MIZRAHI, a/k/a “Marty Mizrahi,” 51, of Las Vegas, Nevada, are charged with conspiracy to commit wire fraud and bank fraud, which carries a maximum sentence of 30 years in prison; wire fraud, which carries a maximum sentence of 20 years in prison; bank fraud, which carries a maximum sentence of 30 years in prison; conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison; money laundering, which carries a maximum sentence of 20 years in prison; and aggravated identity theft, which carries a mandatory minimum sentence of two years in prison consecutive to any other prison terms imposed.

The minimum and maximum potential sentences in these cases are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the FBI and the USSS for their outstanding work on the investigation.  

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION ALERTS CONSUMERS OF NEW LAWS RELATED TO GIFT CARDS AND GIFT CERTIFICATES THIS HOLIDAY SEASON

 

Logo

Governor Hochul’s Signed Legislation Protecting Consumers From Exploitative Gift Card Practices Goes Into Effect December 10, 2022.

Secretary Robert J. Rodriguez, (video here) “The law prohibits gift card fees and limits expiration dates, which ensures recipients can enjoy the full value of the gift they received.”

Gift Cards And Gift Certificates Cannot Expire Within Nine Years, Will Not Decline In Value Due To Various Fees, And May Be Redeemed For Cash If The Remaining Value Is Less Than $5 

The New York State Division of Consumer Protection (DCP) today released tips to inform and empower New York consumers purchasing gift cards and gift certificates this holiday season. Any gift cards or gift certificates purchased in New York State on or after December 10, 2022, will remain valid for a minimum of nine years from the date of purchase. And, when the remaining value of a gift card or gift certificate is less than five dollars, the recipient can opt to receive cash for the balance.

All fees are prohibited under the new law, which will prevent gift cards and gift certificates from declining in value. The law specifically forbids the imposition of any “activation fees, retroactive fees, redemption fees, service fees, dormancy fees, latency fees, administrative fees, handling fees, access fees, periodic fees, renewal fees, re-loading fees, or any other fee of any kind.” There is one exception to the law. A gift card or gift certificate that is redeemable at multiple, unaffiliated merchants or service providers may charge a one-time activation fee, not to exceed $9.

“Gift cards offer consumers convenience during the holidays,” said Secretary of State Robert J. Rodriguez. “Thanks to Governor Hochul, gift cards now have a longer shelf life and recipients are afforded more time to find the perfect gift to treat themselves as their gift giver intended.”

In New Yok State, a gift card or gift certificate’s purchase date determines what, if any, rights exist for consumers.  Based on the purchase date, consumers can expect the following legal protections:      

Gift Cards & Gift Certificates Purchased:

Minimum Expiration Date Imposed by Law:

Inactivity Fee Terms:

Between September 21, 2004, and August 21, 2010

No Law Requiring a Minimum Expiration Term.

A monthly inactivity service fee may be assessed monthly after the 12th month of inactivity.

Between August 22, 2010, and December 24, 2016

5-years from date of purchase before gift card can expire.

A one-time inactivity fee may be assessed after the 12th month of inactivity.

Between December 25, 2016, and December 9, 2022

5-years from date of purchase before the gift card can expire.

A monthly inactivity service fee may be assessed after the 24th month of inactivity.

If the gift card is presented within 3 years of the purchase date, any activity fees assessed will be waived and the gift card will be replenished to its value prior to the fees.

On or after December 10, 2022

9-years from the date of purchase before the gift card can expire.

Inactivity fees are prohibited.


Below are tips consumers should keep in mind when buying and using gift cards this holiday season:

  • Research retailers before purchase. Verify the legitimacy of the seller. Check reviews and articles.
  • Check packaging. When buying a gift card, consumers should make sure the packaging and security seals are intact.
  • Use caution with third parties. Consumers should use caution when buying gift cards from third parties or online auctions, as it may be difficult to verify the dollar amount remaining.
  • Review the terms and conditions. Before purchasing, consumers should always review the terms and conditions to understand what their recourse is if the gift card is lost or stolen.  Companies are required to post terms and conditions either on the card or in attached packaging.
  • Beware of scammers. Scammers often seek payment in the form of gift cards, also known as prepaid cards. Government entities, utilities, and other reputable entities will never call you demanding an overdue bill or debt be paid with a gift card.

Consumers having difficulty redeeming a gift card are encouraged to file a complaint with the New York State Division of Consumer Protection. The Division of Consumer Protection provides voluntary mediation, between the consumer and business, when the consumer has been unsuccessful at reaching a resolution on their own.

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. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

PUBLIC ADVOCATE ENCOURAGES NEW YORKERS TO MASK UP, TAKE HEALTH PRECAUTIONS AHEAD OF HOLIDAYS

 

"This time last year, the drop in temperatures and increase in travel and indoor gatherings around the holiday season contributed to a massive spike in COVID infections as the Omicron variant circulated. We cannot passively repeat the patterns of the past. 


"With COVID cases again increasing, compounded with RSV and the seasonal flu, now is a moment to take additional precautions to limit spread ahead of and during the holidays. I commend state and city health officials for recommending masks – which are an important tool in preventing each of these three illnesses – in schools and other indoor public spaces. Wearing a high quality, non-cloth mask in crowded, high risk situations remains a simple, effective way for families to stay healthy ahead of and throughout the holidays. In addition, I want to strongly encourage those who have not yet done so to get the updated vaccine booster, as well as the flu shot, and recommend frequent COVID tests.


"A spike in cases, and the suffering that entails, is not inevitable. We may have to live with the realities of COVID, but that doesn’t mean ignoring it."


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

 

Logo

Dear Neighbor,

These last few weeks have been full of excitement both at City Hall and in the community. On Thursday, Mayor Adams discussed the long-awaited Bronx Metro-North Plan that will bring integrative planning and new infrastructure investments to the Bronx. The new in-district Metro-North stations include Morris Park and Parkchester/Van Nest; our neighbors in Co-Op City and Hunts Point will also be home to this expansion. During this week’s Stated Meeting, I was happy to co-prime three incredible bills; details on these bills are below.

In addition to the wonderful happenings at City Hall, several holiday events will take place over the next few weeks. From this afternoon’s Holiday Trolley with the Morris Park Bid and Tree Lighting with the Westchester Square BID, there is much to enjoy with our families and friends. I encourage you all to refer to this email for your holiday planning, and I look forward to seeing you all this holiday season.

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

Sincerely,


Council Member Marjorie Velázquez



Permits Filed For 1429 Longfellow Avenue In Crotona Park East, The Bronx


 Permits have been filed for a seven-story residential building at 1429 Longfellow Avenue in Crotona Park East, The Bronx. Located between Jennings Street and Freeman Street, the lot is four blocks from the Freeman Street subway station, serviced by the 2 and 5 trains. Moshe Katz of Quick Builders LLC is listed as the owner behind the applications.

The proposed 70-foot-tall development will yield 24,859 square feet designated for residential space. The building will have 39 residences, most likely rentals based on the average unit scope of 637 square feet. The concrete-based structure will also have a 33-foot-long rear yard but no accessory parking.

Nikolai Katz Architect is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

Friday, December 9, 2022

Bronx Chamber of Commerce - Bronx Business News You Can Use

 

Upcoming Events, Legislative News, Grant Opportunities, & More
(Friday) Extra, Extra
Bronx Metro North Groundbreaking
2022 Annual Holiday Party & Toy Drive
New Executive Officers Voted in by The Bronx Chamber of Commerce Board

Legislative & Advocacy Updates
Department of Consumer Affairs & Worker Protection Updates
Just Cause Bill Introduction
Deliveristas Minimum Wage Bill

Funding Opportunities

Member Spotlight
Tax Focused Collab, 2022 Tax Year Insight Session

Upcoming Events
Business Development Workshops
12 9 2022 Friday Extra
BRONX METRONORTH STATIONS GROUNDBREAKING
LAUNCHES CONSTRUCTION ON THE PENN ACCESS PLAN
The Bronx Chamber of Commerce joined Governor Kathy Hochul, U.S Senator Chuck Schumer, Congressmembers Ritchie Torres and Alexandra Ocasio-Cortez, MTA Chair Janno, Amtrak Chairman, and Bronx Borough President Vanessa Gibson for the ground breaking of the four MTA Metro North stations long planned for the Bronx as part of the Penn Access Plan. The Governor today announced the groundbreaking for the Metro-North Penn Station Access project alongside leaders from the Metropolitan Transportation Authority during a ceremony in the Bronx this morning.

With four new stations in the Bronx (Coop City, Parkchester, Morris Park, and Hunts Point), this project will bring rail service within one mile of 500,000 residents and will be the largest expansion of Metro-North Railroad since it was founded in 1983. By offering rail service to and from Manhattan, Westchester and Connecticut, this will expand access to jobs, education and entertainment for East Bronx communities. Additionally, the project will greatly reduce travel times, provide reverse commuting opportunities and offer a critical second route into Manhattan for the first time ever through Metro-North.

The expansion will use Amtrak's Hell Gate Line to access Penn Station, optimizing existing infrastructure and minimizing the construction impact on surrounding communities. Metro-North trains stopping at the four new Bronx stations will serve as an extension of the New Haven Line from the New Rochelle Station, offering transit options in the East Bronx to Midtown Manhattan as well as points in Westchester, Connecticut and inversely.
Congressman Ritchie Torres addresses the audience during the groundbreaking.
NYS Governor Kathy Hochul addresses the audience during the Metro North groundbreaking ceremony.
WINTER WONDERLAND HOLIDAY PARTY
GIVING BACK GIFT DRIVE FOR ASTOR FAMILY SERVICES
The Board of Directors and the leadership team of the Bronx Chamber of Commerce welcomed nearly 200 guests to the signature  Winter Wonderland Holiday Party on Thursday, December 8 at Pelham Bay Split Rock Golf Course. The event brought together elected officials, business owners, community partners and institutions for an evening of celebration and good work as the organization recognized Astor Family and Children's Services with the annual holiday toy and gift drive.

Guests were treated to a fun night of cocktails, dinner, dancing and a special performance by C-Bank! The annual holiday party has emerged as one of the not to be missed holiday events on the Bronx social and business calendar.

The Bronx Chamber team thanks the dedicated staff at Pelham Bay Split Rock, the Bronx Chamber team, our Board of Directors, sponsors, supporters, and members for their generous commitment to the Chamber and the Bronx. Be on the look out on Bronx Chamber social media for the 2022 Holiday Party photos using @thenewbxcc.
BOARD OF DIRECTORS ELECT NEW OFFICERS
During the annual meeting of the Board of Directors for the Bronx Chamber of Commerce new officers and members of the Bronx Chamber of Commerce's Executive Committee were elected.

New Board Officers include:

Anthony Mormile, Senior Vice President at Orange Bank & Trust - Chair

John Bonizio, Metro Optics Eyewear - Vice Chair
Jessica Gonzalez, Chief Financial Officer of American Maintenance Treasurer
Phillip Grant, Chief Executive Officer at Hunts Point Produce Markets - Secretary

New members of the Executive Committee include:
  •    Joanna Simone, Simone Development
  •    John Bonizio, Metro Optics Eyewear
  •    Phillip Grant, Hunts Point Produce Market
  •    Madeline Marquez, Ponce Bank

During the meeting the Bronx Chamber of Commerce also expanded the number of members to serve on the Board of Directors noting enhanced diversity and representation of the entire Bronx and business community. Beginning in January 2023 the Bronx Chamber will undergo a strategic planning process to enhance and grow existing Bronx Chamber business and economic development programs.

LEGISLATION & REGULATIONS
Just Cause Bill, also known as the Secure Jobs Act, was introduced by Queens Councilmember Tiffany Caban on Wednesday, December 7.

The Bronx Chamber of Commerce is closely monitoring this bill which seeks to expand Just Cause legislation. In July 2021, NYC’s just cause laws for fast food employees went into effect. Enacted December 17, 2020, as Local Laws 1 and 2 of 2021 and sponsored by now-Comptroller Lander and now-Speaker Adams, under the laws fast food employers cannot fire or lay off non-salaried workers or reduce their hours by more than 15 percent without just cause or a legitimate economic reason. The proposed Just Cause expansion, expected to be introduced by Queen's Councilmember Tiffany Caban, would make a series of changes to the existing legislation to both expand the workers covered and tighten up the regulatory framework including:

  1.   Expand the law to cover all employees and employers within the city regardless of size or pay.
  2.   Revise the definition of bona fide economic reason to require any reduction in volume of production, sales or profit precipitating a layoff be by greater than 15.
  3.   Make both the third-party client and an employment agency employing an employee jointly and severally responsible for complying with the law and prohibited from discharge without just cause
  4.  Exempting short-term positions of six months or less pursuant to a written contract that specific sizes the position will end after a specified period of time from complying with the law provided that the employer does not hire another employee to perform similar work for 180 days after the end of the short- term contract.
  5.   Prohibit an employer from relying on worker data gathered through electronic monitoring in discharging, disciplining, or promoting an employee. An employer must disclose in advance to employees any electronic monitoring or data collection at a workplace or job site, disclose the purposes for which the data will be used, and provide employees meaningful opportunities to challenge any data collected by electronic monitoring.
  6.   Require at least 15 days to elapse between an initial warning or discipline and termination for just cause, except where termination is for an egregious failure by the employee to perform their duties, or for egregious misconduct.
  7.   Except where termination is for an egregious failure by the employee to perform their duties, or for egregious misconduct, require 14 days’ notice of any discharge and require the employer to provide a written explanation of the precise reasons for discharge within 5 days of such notice.
  8.   Require an employer to offer a newly available position to every worker discharged for a bonafide economic reason, starting with the worker with the greatest length of service with the employer, before hiring or subcontracting for a new employee.
  9.   Require an employer to pay a discharged employee severance pay within 14 days of discharge equal to one hour for every 12.5 hours worked by the employee for the first 2,080 hours worked and one hour for every 50 hours worked thereafter, except if the employee is discharged for egregious misconduct or was in a short-term position.
  10.   Allow current or former employees, non-profits or labor organizations and the comptroller to bring public enforcement actions to pursue civil penalties and injunctive or declaratory relief.
Department of Consumer Affairs & Worker Protection

The Department of Consumer and Worker Protection is proposing to amend rules to repeal certain violations and make other violations curable to reform small business regulations without compromising consumer and worker wellbeing. DCWP will hold a public hearing on the proposed rule. The public hearing will take place at 11:00AM on Friday, December 30, 2022. The public hearing will be accessible by phone and videoconference.

  •   To participate in the public hearing via phone, please dial 646-893-7101
  •   Meeting ID: 280 688 571 103
  •   Passcode: fVo8q5

Department of Consumer Affairs & Worker Protection Proposes Delivery Worker Minimum Wage Increase

New York City is proposing a minimum pay rate of nearly $24 an hour for "deliveristas," delivery workers engaged in the app-delivery sector. The Department of Consumer and Worker Protection (“DCWP” or “Department”) is proposing to add rules establishing a method for determining the minimum payments that must be made to a food delivery worker by a third-party food delivery service or third-party courier service, as required by New York City Administrative Code § 20- 1522. The proposal, billed as the first of its kind, would cover salary and expenses, as well as a payment to offset the delivery workers' lack of insurance.

DCWP released a report on pay and working conditions of app-based restaurant delivery workers in New York City and the proposed effects of its proposed minimum pay rate. The report summarizes results from DCWP’s study of app-based restaurant delivery workers in New York City. The report draws from data obtained from restaurant delivery apps, surveys distributed to delivery workers and restaurants, testimony from DCWP’s public hearing, extensive discussions with stakeholders and publicly available data.
FUNDING OPPORTUNITIES
Electric and Gas Utility Bill Credit Program for Low-Income Families

A one-time, low-income utility bill credit is now available to help low-income electric and gas utility customers pay off past utility bills. This credit, which will be applied to affected customers' bills by the utilities, requires no action by existing low-income customers enrolled in the EAP to receive the benefit. The bill credit is expected to be applied to customers' accounts by August 1, 2022. Any eligible low-income customer that enrolls in EAP before December 31, 2022 will be included in the bill credit program. Learn more about the program here.

Temporary Assistance (TA) funding may continue to be utilized to pay utility arrears when the applicant presents with an emergency or immediate need, after first exploring the availability of HEAP. A payment can be made to prevent termination if it is determined that an immediate threat of shut off is present and the applicant/recipient (A/R) is otherwise eligible.

Heating and Cooling Assistance (HEAP) 2022-2023
The regular HEAP season opened on November 1, 2022. More information including 2022-23 benefit amounts and eligibility requirements can be found here.

The Emergency HEAP Benefit opens on January 1, 2023. The Emergency HEAP Benefit provides assistance to those who are in a heat related emergency. More information including 2022-23 benefit amounts and eligibility requirements can be found here

The New York State Seed Funding Grant Program was created to provide assistance to early-stage small businesses to succeed in a recovering New York State economy.

Eligible Applicants must provide evidence, acceptable to New York State that the Eligible Applicant is operational and meets the Program requirements. As part of the application each micro-business, small business, or for-profit arts and cultural organization including independent arts contractors shall provide sufficient documentation in a manner prescribed by Empire State Development ("ESD") to demonstrate Program qualification. Only one grant per business EIN or SSN is allowed. Due to a limited amount of funding and the high volume of requests expected, business type, geography and industry may factor into ability to receive a grant. To apply, click here.

Bronx Chamber of Commerce 
1200 Waters PlaceSuite 106Bronx, NY 10461