Governor Hochul Announces Start of State Interagency Enforcement Actions Against Unlicensed Cannabis Businesses

 

Office of Cannabis Management & Department of Taxation and Finance Executed Product Seizures, Initiating the Process of Shutting Down Unlicensed Storefronts in New York City

Today’s Actions Are Due to Empowering Legislation Governor Hochul Signed into Law in the FY24 Budget

 Governor Kathy Hochul today announced the launch of an interagency initiative to cease the sale of untested cannabis from unlicensed storefronts and trucks. Enforcement officers from the New York State Office of Cannabis Management and Department of Taxation and Finance conducted inspections at storefront businesses not licensed to sell cannabis and issued Notices of Violation and Orders to Cease Unlicensed Activity, when appropriate. These actions will be replicated across the state to end public sales of untested cannabis by unlicensed businesses. As part of the FY 2024 Budget, Governor Hochul signed critical legislation allowing for these expanded enforcement actions against unlicensed cannabis businesses to take place.

“New York is proud to have undertaken the most equitable legal cannabis roll-out in the nation and the State will not stand idle as unlicensed operators break the law and sell untested products to underage New Yorkers,” Governor Hochul said. “These enforcement actions are critical steps to protect and help those individuals who were promised a shot to start a legal business and be successful. Additionally, these unlicensed operators undermine the State’s efforts to generate substantial funds for a social equity fund that will go into the communities that have been hardest hit by over-prosecution of the cannabis laws in the past.”

Governor Hochul signed legislation allowing for enhanced enforcement of unlicensed cannabis businesses as part of the FY 2024 Budget. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. It also makes it a crime to sell cannabis and cannabis products without a license.

As a result of the legislation, the Department of Taxation and Finance can also conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.

By taking decisive action against unlicensed dispensaries, New York State is taking a significant stride towards eradicating unlawful cannabis operations that jeopardize public safety, consumer well-being, and the integrity of New York State's legal cannabis market. This hybrid approach aims to foster a fair and regulated market environment, ensuring consumer protection and bolstering support for licensed cannabis businesses.

New York State Cannabis Control Board Chairwoman Tremaine Wright said, “The successful enforcement actions against unlicensed storefronts and trucks selling cannabis in New York City serves as a clear message that New York State is actively taking action against illicit operators. By enforcing the law, empowered by new legislation, we are safeguarding public safety and the integrity of the legal cannabis market. Our mission is to create a fair and regulated environment that supports licensed businesses and protects consumers.”

New York State Office of Cannabis Management Executive Director Chris Alexander said, “Through the collaboration of our enforcement teams and law enforcement agencies, we will be able to take meaningful action against illegal cannabis operations that pose countless risks to our communities. This targeted operation is a significant step towards promoting a safe, transparent cannabis industry in New York State. With the strengthened penalties and unified enforcement measures in place, we are actively working towards our goal of a regulated market that fosters consumer trust and supports licensed operators.”

NYC Mayor's Community Affairs Unit: Air Quality Update

 

The Mayor’s Office of Community Affairs wanted to give New Yorkers an update on the unprecedented event our city is facing as a result of the wildfire smoke from Canada.    At 5 PM yesterday, the Air Quality Index hit 484, a “Hazardous” on the levels of health concern — that is the highest level on the index level. There is potential for conditions to significantly improve today, the ability to predict smoke conditions that far out is low.    We are encouraging New Yorkers to stay home and indoors today, whenever possible. All New Yorkers should limit outdoor activity to the greatest extent possible. City services will continue to be available for New Yorkers today and we will continue to serve this city, but we will not be conducting outdoor events.     Public schools will be closed today. Beaches are also closed. Staten Island Ferries are operating on a fog schedule.. Those traveling on East River Bridges should drive at the posted speed limit.    We want to reiterate what was said by the Mayor yesterday: New Yorkers should stay inside, close windows and doors, and use air purifiers if you have them. If you are an older adult or have heart or breathing problems and need to be outside, wear a high-quality mask such as a KN95.    Check the air quality forecast from local media outlets, the National Weather Service, or other weather and air-quality apps that you can access on the go. This is climate change in action, and we must continue to draw down emissions, improve air quality, and build resiliency.    Our city is strong and resilient. We have faced crises before, and we will get through this together. Stay indoors, stay safe and mask up if you are outside.    For more information and updates, visit https://on.nyc.gov/2Ho9W4J or contact 3-1-1 (212-639-9675 for Video Relay Service, or TTY 212-504-4115).    Beginning Thursday, June 8th, at 8:00 am, each New Yorker will be able to receive two masks from the locations below.    NYPD  All NYPD Precincts  Find Your Precinct and Sector - NYPD    Bronx   FDNY Division 6 - 720 Melrose Avenue  FDNY Division 7 - 2417 Webster Avenue  Tremont Neighborhood Health Action Center - 1826 Arthur Avenue    Brooklyn   FDNY Division 11 - 172 Tillary Street  FDNY Division 15 - 885 Howard Avenue  Brownsville Neighborhood Health Action Center - 259 Bristol Street  Manhattan  FDNY Division 1 - 100 Duane Street  FDNY Division 3 - 207 W 77th Street   East Harlem Neighborhood Health Action Center - 158 East 115th Street  Queens   FDNY Division 13 - 91-45 121st Street   FDNY Division 14 - 108-01 Horace Harding Expressway    Staten Island  FDNY Division 8 - 1850 Clove Road

AIR QUALITY HEALTH ADVISORY ISSUED FOR LONG ISLAND, NEW YORK CITY METRO, LOWER HUDSON VALLEY, UPPER HUDSON VALLEY, EASTERN LAKE ONTARIO, CENTRAL NEW YORK AND WESTERN NEW YORK

 

In Effect for Thursday, June 8, 2023

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. James McDonald issued an Air Quality Health Advisory for the Long Island, New York City Metro, Lower Hudson Valley, Upper Hudson Valley, Eastern Lake Ontario, Central New York and Western New York regions for Thursday, June 8, 2023.  

The air quality is forecasted to reach ‘Unhealthy’ AQI levels on Thursday in the New York City Metro, Long Island, Eastern Lake Ontario, Central and Western regions.

The pollutant of concern is: Fine Particulate Matter 

The advisory will be in effect from 12 a.m. through 11:59 p.m.

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern. 

FINE PARTICULATE MATTER

Fine particulate matter consists of tiny solid particles or liquid droplets in the air that are 2.5 microns or less in diameter. PM 2.5 can be made of many different types of particles and often come from processes that involve combustion (e.g. vehicle exhaust, power plants, and fires) and from chemical reactions in the atmosphere.

Exposure can cause short-term health effects such as irritation to the eyes, nose, and throat, coughing, sneezing, runny nose, and shortness of breath. Exposure to elevated levels of fine particulate matter can also worsen medical conditions such as asthma and heart disease. People with heart or breathing problems, and children and the elderly may be particularly sensitive to PM 2.5.

When outdoor levels are elevated, going indoors may reduce exposure. If there are significant indoor sources of PM 2.5 (tobacco, candle or incense smoke, or fumes from cooking) levels inside may not be lower than outside. Some ways to reduce exposure are to minimize outdoor and indoor sources and avoid strenuous activities in areas where fine particle concentrations are high.

New Yorkers also are urged to take the following energy saving and pollution-reducing steps:

1. use mass transit instead of driving, as automobile emissions account for about 60 percent of pollution in our cities.
2. conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips;
3. turn off all lights and electrical appliances in unoccupied areas;
4. use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees;
5. close the blinds and shades to limit heat build-up and to preserve cooled air;
6. limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters;
7. set refrigerators and freezers at more efficient temperatures;
8. purchase and install energy efficient lighting and appliances with the Energy Star label; and
9. reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking.
   

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website. To stay up-to-date with announcements from DEC, sign up for DEC Delivers: DEC's Premier Email Service.

The Thursday, June 8, Air Quality Health Advisory regions consist of the following: Long Island which includes Nassau and Suffolk counties; New York City Metro which includes New York City, Rockland, and Westchester counties; Lower Hudson Valley which includes Dutchess, Orange, Putnam, Ulster, and Sullivan counties; Upper Hudson Valley which includes Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington counties;  Eastern Lake Ontario which includes northern Cayuga, Jefferson, Monroe, Oswego, and Wayne counties; Central New York which includes Allegany, Broome, southern Cayuga, Chemung, Chenango, Cortland, Delaware, southern Herkimer, Livingston, Madison, Onondaga, Oneida, Ontario, Otsego, Tioga, Tompkins, Schuyler, Seneca, Steuben, and Yates counties; and Western New York which includes Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming counties.

CONSUMER ALERT: Attorney General James Urges New Yorkers to be Vigilant of Price Gouging as New York’s Air Quality Worsens Due to Canadian Fires

 

AG James Encourages New Yorkers to Report Price Gouging of Essential Items such as Masks to Her Office

New York Attorney General Letitia James today issued a consumer alert urging New Yorkers to be vigilant of price gouging of essential goods, such as masks, air purifiers, and air filters, as New York’s air quality worsens due to Canadian wildfires. Plumes of smoke from the Canadian wildfires have engulfed the state, lowering New York’s air quality and making it dangerous for particular health groups to be outside. New York’s price gouging statute prevents businesses from taking advantage of consumers by selling essential goods or services at an excessively higher price during market disruptions or emergencies.

“The poor air quality impacting our state should not be an excuse for companies to increase profits on essential items,” said Attorney General James. “My office has zero tolerance for price gouging of any kind, and if New Yorkers notice abnormally high prices for essential items, I urge them to report it immediately. I also urge New Yorkers to follow local health guidance to protect their health and stay safe.”

New York law prohibits businesses from taking unfair advantage of consumers by selling goods or services that are vital to their health, safety, or welfare for an unconscionably excessive price during emergencies. The price gouging statute covers New York state vendors, retailers, and suppliers, and includes essential goods and services that are necessary for the health, safety, and welfare of consumers or the general public. These goods and services include food, water, gasoline, generators, batteries, flashlights, hotel lodging, and transportation options.

When reporting price gouging to the Office of the Attorney General (OAG), consumers should:

• Report the specific increased prices, dates, and places that they saw the increased prices; and,

• Provide copies of their sales receipts and photos of the advertised prices, if available.

New Yorkers should report potential concerns about price gouging to OAG by filing a complaint online or calling 800-771-7755.

NYCHA Miscalculated One-in-Five Rent Increases, New York City Comptroller’s Review Finds

 

Auditors reviewed rent calculations for tenants in the Red Hook East and Red Hook West Developments between October 2021 and October 2022.

The Office of New York City Comptroller Brad Lander found that the New York City Housing Authority (NYCHA) miscalculated one-in-five sampled rent adjustments at the Red Hook East and Red Hook West developments. The review followed complaints from tenants at the developments of improperly calculated rent.

“NYCHA tenants repeatedly raised concerns with the calculation of their monthly rent, so our audit team went to investigate. We found issues with the calculations that led to some tenants overpaying and NYCHA losing out on rental income. Our public housing system has a duty to provide decent, affordable housing for New Yorkers, and it can only do that successfully with strong oversight and management that guarantees accuracy and fairness,” said New York City Comptroller Brad Lander.

Monthly rent for NYCHA residents is generally set at either 30% of the household’s adjusted gross income (after subtracting allowable deductions) or the flat rent (the maximum amount charged per household based on the number of bedrooms), whichever is lower. NYCHA residents submit income documentation on an annual basis that the agency then uses to calculate eligibility and appropriate rents. The rent calculation processes are handled by each development’s management office. NYCHA uses Siebel System to maintain information and documentation provided by residents and third parties which are used to support rent calculations. Siebel is also used to generate the Public Housing Lease Addendum and Rent Notices after the completion of the recertification process.

Between October 2021 and October 2022, 32% (853) of the 2,692 units at Red Hook Houses saw rent increases. At a roundtable with Comptroller Lander and in survey responses as part of the resident engagement plan for NYCHA audits, residents raised concerns about the accuracy of rent calculations. To investigate, the Comptroller’s Office auditors reviewed income documentation and rent calculations for a sample of 102 units at Red Hook Houses.

The review found that:

• NYCHA miscalculated one-in-five (19%) sampled rent adjustments in the Red Hook East and Red Hook West public housing developments in 2022.
• Of the 102 apartments sampled, NYCHA overcharged three households by a total of $439 in monthly rent and undercharged 17 households by a total of $1,395 in monthly rent.
• NYCHA’s data management platform generated incorrect public assistance amounts on rent notices sent to the tenants.
• Auditors were unable to verify rent calculations for nine apartments due to a lack of supporting documentation.

The Comptroller’s Office made four recommendations, which NYCHA has agreed to address:

1. Review the rent calculation for the apartments that were either overstated or understated and determine if corrective action should be taken.
2. Provide periodic training to staff to ensure adherence to the Management Manual, so they are able to accurately verify and input household incomes and deductions for Siebel to calculate the monthly rent amount; and generate HUD’s Enterprise Income Verification report and confirm the tenants’ incomes through independent sources.
3. Test rent calculations across the system after every recertification.
4. Conduct a system review of Siebel to ensure that it properly generates the correct amount on Rent Notices for Public Assistance Income for each qualified household member.

Full Report: Letter Report on the Review of the New York City Housing Authority’s Calculation of Rent Increases for Public Housing Tenants at the Red Hook East and Red Hook West Developments

Governor Hochul Updates New Yorkers on Statewide Air Quality Issues

 

Governor Hochul: "I would call this, what we're experiencing right now with the sub-standard air quality, a crisis. It is also a dangerous situation. We've been monitoring this for well over a week since the fires started in Eastern Canada. And I would say over the last 48 hours, it has gotten significantly worse."

Hochul: "And the bottom line is this: If you can stay indoors, stay indoors. This is detrimental to people's health. In New York State, we have over 1.4 million people who already have asthma. And when the air quality is bad, it's a significant risk for these individuals as well as seniors, children."

 I want to first of all give a brief public health update on what is an emergency situation, an emergency crisis. I would call this, what we're experiencing right now with the sub-standard air quality, a crisis. It is also a dangerous situation. We've been monitoring this for well over a week since the fires started in Eastern Canada. And I would say over the last 48 hours, it has gotten significantly worse.

The haze and the smoke from the fires, you could feel it even sitting indoors here, it's clogging much of our air. In fact, it's almost impossible to see the sunset or see the sky, and it's something I'm a little more accustomed to from Western New York when every day looked like this - you know, the Bethlehem Steel Plant. But we have not seen anything like this since the 1970s.

So, New York City and Syracuse were among the worst places on the entire planet yesterday. And normally our air quality index is around 50. In New York State over the last 24 hours, and we just got these numbers in, the index hit - my numbers this morning were 200. We have updated information, it's now 400. The index hit 400 in parts of our state. That's an 800 percent increase.

So the DEC has been issuing air quality health advisories in nearly every region. The air quality index is unhealthy in New York City Metropolitan Area, Central New York, and Eastern Lake Ontario. It's also unhealthy for sensitive groups in Western New York, the Hudson Valley, and Long Island.

And earlier today, after consulting with the Department of Health, we recommended that all outdoor school activities be postponed. And we've been in touch with the school leaders in Rochester, Syracuse, and New York City, and I commend them for canceling outdoor activities today. But we're also recommending that school districts in the unhealthy areas also cancel activities as well.

And the bottom line is this: If you can stay indoors, stay indoors. This is detrimental to people's health. In New York State, we have over 1.4 million people who already have asthma. And when the air quality is bad, it's a significant risk for these individuals as well as seniors, children. And you think about all the people that may be still experiencing the effects of COVID, long COVID, you know, compromising their respiratory system. And New York was the epicenter of the COVID pandemic, and this is an issue that is affecting people's ability to breathe.

So we're encouraging people to check the air quality in their zip code. They can go to airnow.gov. And again, we're trying to encourage everyone to stay [inside] and stay hydrated. Take frequent breaks. Also, if you have a mask - the N95 is considered to be effective in protecting people from this. So that's what we're dealing with.

I also recommended some time ago to have DEC send support to Eastern Canada. We have expert firefighters here. It's not something that is foreign to us. We wanted to send our resources. We have a couple of individuals up there now, fire rangers and experts for wildfires. And we're expecting them to ask us for even more. We put in the offer, and we'll be expecting to send more individuals up there very soon.

This is expected to go for the next few days. There was some thought yesterday that this would abate by Friday. I just received an update minutes ago that that is not expected. So people need to prepare for this over the long haul. And again, we can all feel it. It is an effect - one of the collateral damages of climate change. It's an environmental crisis, and I just want to make sure all New Yorkers are aware of this. You may not see it. You may not even feel it. But it is having a negative effect on everyone. So please take precautions throughout our state.

Bronx Man Convicted Of 2018 Murder During Which He Shot The Victim’s Five-Year-Old Son

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that JOSHUA RODRIGUEZ, a/k/a “Suave,” was found guilty at trial of the October 23, 2018, murder of Jaquan Millien in connection with a drug trafficking crime.  RODRIGUEZ shot and killed Millien in the Butler Houses in the Bronx, New York.  During the shooting, RODRIGUEZ shot Millien’s five-year-old son, who was with his father at the time.  Thankfully, his son survived.  The verdict followed a five-day trial before U.S. District Judge Jed S. Rakoff.

According to the evidence presented in court during the trial:

Between in or about 2012 and in or about 2018, JOSHUA RODRIGUEZ conspired with others to sell marijuana in an apartment building located at 1408 Webster Avenue (the “Apartment Building”).  In connection with his narcotics dealing, on or about October 23, 2018, RODRIGUEZ followed Jaquan Millien and his son into the Apartment Building and into a stairwell.  RODRIGUEZ then fired multiple shots, killing Jaquan Millien and hitting Millien’s son in the arm.

RODRIGUEZ, 31, of the Bronx, New York, was found guilty of one count of conspiracy to distribute marijuana, which carries a maximum sentence of 20 years in prison; one count of possessing marijuana with intent to distribute for remuneration, which carries a maximum sentence of five years in prison; and one count of using a firearm to commit murder during a drug trafficking crime, which carries a mandatory minimum of five years in prison and a maximum sentence of life in prison. 

The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of a defendant will be determined by the judge.  RODRIGUEZ is scheduled to be sentenced on September 19, 2023.

Mr. Williams thanked the Federal Bureau of Investigation and the New York City Police Department for their outstanding work on the investigation.

 

CITY OF NEW YORK TO SUE 30 NEW YORK COUNTIES FOR ILLEGALLY WALLING OFF THEIR BORDERS TO ASYLUM SEEKERS

New York City Seeks to Invalidate Unlawful Executive Orders Seeking to Prohibit City from Providing Temporary Housing to Small Number of Asylum Seekers During Statewide Emergency

New York City Mayor Eric Adams and New York City Corporation Counsel Sylvia O. Hinds-Radix today announced that the City of New York is filing suit against more than 30 New York localities that issued unlawful emergency executive orders (EO) intended to prohibit New York City from arranging for even a small number of asylum seekers to stay in private hotels within their jurisdictions — at the City of New York’s expense — amidst a major humanitarian crisis and statewide emergency. New York City has had more than 74,000 asylum seekers ask for shelter since last spring and has opened up more than 160 sites to handle the influx of migrants. While many elected officials, community groups, and faith institutions have worked to welcome the small number of arrivals in each locality — in most cases less than ¼ of one percent — at least 30 local jurisdictions across the state have filed EOs to wall out asylum seekers. In today’s suit, New York City is asking the court to declare each of these EOs null and void and to stop the counties from taking any steps to enforce them any longer.

 

“Since this crisis began, New York City has — virtually on its own — stepped up to provide shelter, food, clothing, and other services to asylum seekers arriving in our city. We are doing our part and will continue to do our part, but we need every locality across the state to do their part as well,” said Mayor Adams. “We have repeatedly sounded the alarm that our shelter system is at capacity and that we are out of space. While many communities have been overwhelmingly supportive and enthusiastic about welcoming these new arrivals to their cities and towns, some elected officials have attempted to build metaphorical walls around their localities with unlawful executive orders. This lawsuit aims to put an end to this xenophobic bigotry and ensure our state acts as one as we work together to manage this humanitarian crisis fairly and humanely, as we have done from the beginning and as we will continue to do.”

 

“The relatively low number of individuals lawfully placed in these upstate jurisdictions reflect a small but significant step that will assist the City of New York in handling this growing humanitarian crisis,” said Corporation Counsel Hinds-Radix. “These counties have attempted to close their doors instead of lending their assistance to New York City’s reasonable and lawful efforts to address this crisis. We are asking the court to declare these executive orders null and void, in order to provide asylum seekers shelter during these unprecedented times.”

 

Since April 2022, large numbers of individuals and families seeking asylum in the United States have arrived and then were sent to New York City as they seek temporary housing assistance. Many entered the United States at the southern border and were bused, flown, or transported by other means to the five boroughs, even though they have no friends or family in the area and no resources of their own. The large number of arrivals has strained the City of New York’s capacity to provide a temporary place to stay for those who need it.

 

In response to this emergency, New York City has embarked on a herculean effort to provide temporary shelter to those in need who are found in its jurisdiction. As of June 4, 2023, more than 74,000 asylum seekers had arrived within the five boroughs seeking shelter, and currently, more than 47,200 asylum seekers remained in shelter provided by the City of New York, with hundreds more arriving every day. Over the last year, New York City has opened up more than 160 emergency sites to provide temporary shelter or respite to asylum seekers. The number of intakes per day across the City of New York’s different intake systems has surged from 200-300 to as many as 600-900 individuals in some weeks in May. The City of New York is constantly searching for additional locations for temporary shelter and has reviewed more than 3,000 locations for possible shelter.

 

The crisis has already moved beyond the bounds of New York City: On May 9, 2023, New York Governor Kathy Hochul declared a statewide emergency, recognizing the burden imposed on the entire state as it handles an unprecedented numbers of asylum seekers. The executive order acknowledged that there is “already a large-scale humanitarian crisis and emergency,” which the governor expected to worsen in the coming days.

 

As a part of its massive response, the City of New York has sought to utilize hotel rooms outside of the five boroughs to provide temporary housing assistance for a small number of asylum seekers, with New York City covering the cost of those hotels and of providing services to the individuals, as authorized by state law and regulation.

 

According to today’s suit, the more than 30 localities listed as defendants implemented executive orders prohibiting hotels, all private businesses, in their jurisdictions from providing temporary housing assistance to asylum seekers and/or working voluntarily with “foreign” municipalities — including New York City — to do so. Rockland and Orange counties were the first to issue EOs to keep asylum seekers out, and the two counties followed their orders by suing to prevent New York City from using available hotel rooms to temporarily shelter asylum seekers. The City of New York’s lawsuit alleges that all of these EOs are premised on baseless claims of a “public safety” emergency arising from the prospect of a small number of asylum seekers temporarily being provided with available hotel rooms in these jurisdictions at New York City’s expense. The lawsuit also alleges that the executive orders are an unlawful attempt to prevent New York City from responding to a statewide emergency and humanitarian crisis, as recognized by Governor Hochul in her executive order.

 

The City of New York is asking the court to declare all the executive orders null and void and to enjoin the counties from taking any steps to enforce them.