Tuesday, April 25, 2023

CONSUMER ALERT: New York Department of State’s Division of Consumer Protection Releases Guide with Scam Prevention Tips for Homeowners

 

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Part Four of Five-Part Consumer Alert Series to Help New Yorkers Navigate Housing Scams 

Follow the New York Department of State on FacebookTwitter and Instagram for “Tuesday’s Tips” – Practical Tips to Educate and Empower New York Consumers on a Variety of Topics 

Secretary Robert J. Rodriguez: “Whether you’re a new homeowner or you’ve owned your property for decades, it’s important to take all the necessary precautions to protect yourself from nefarious scammers so you don’t lose out on thousands of dollars, or even worse, your home.” 

For this week’s “Tuesday’s Tips,” the New York Department of State’s Division of Consumer Protection announced the release of a comprehensive guide with scam prevention tips for homeowners. Homeownership evokes a feeling of pride and the start to long-term financial stability; it is also the biggest financial decision many people make. These tips aim to provide New York homeowners with the knowledge they need to help protect this significant investment. The guide is part four of a five-part consumer alert series to help New Yorkers navigate housing scams, which are a continuously growing risk for consumers. Follow the New York Department of State on FacebookTwitter and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

“Scammers are always looking for new ways to take advantage of consumers, and homeowners are often targeted for their personal information, money or property,” Secretary of State Robert J. Rodriguez said. “Whether you’re a new homeowner or you’ve owned your property for decades, it’s important to take all the necessary precautions to protect yourself from nefarious scammers so you don’t lose out on thousands of dollars, or even worse, your home.” 

"Scammers continue to become more sophisticated with ever-evolving tactics aimed at exploiting the dream of homeownership for their own gain," said Superintendent of the State Department of Financial Services Adrienne A. Harris. “The information in this guide provides homeowners with an important defense against these scams, and the Department stands ready to investigate and hold accountable those responsible.”

Below are tips to help homeowners protect their properties:        

Protect your property from deed theft and fraud. The deed is the legal document that proves who owns the home. Deed fraud happens when scammers either forge signatures or convince the homeowner to unknowingly sign paperwork that transfers the deed. Some red flags to look for include when a person:

  • Asks you to transfer your property rights to them.
  • Provides a guarantee or promised result. Legitimate organizations and individuals can only promise to work hard for you. They cannot guarantee results.
  • Requests an upfront fee to modify, refinance or reinstate your mortgage.
  • Pressures you to sign over the deed to your home or sign any paperwork that you haven't had a chance to read, and you don't fully understand.

Steps You Can Take to Prevent Deed Theft or Fraud:

  • Check out the NYS Homeowner Protection Programwhich offers free housing counseling and legal assistance to homeowners.
  • Monitor your deed. Ask your county clerks' office or the New York City Register's Office to see your property records if you suspect deed theft or fraud. Some cities and towns have systems to notify property owners when new documents are recorded on their property. New York City residents can sign up for the Notice of Recorded Document Program, which will automatically mail you a notification when a new document is recorded against your property.

Avoid fraudulent refinancing offers. Homeowners often look to refinance for lower interest rates to help ease financial pressures. Remember to shop around for the best loan and pay attention to potentially deceptive offers.

  • Be wary of reduced rates that are significantly lower than market interest rates. This may be a sign of various hidden fees or even a bait-and-switch tactic.
  • Confirm the identity of the refinancer. The Nationwide Mortgage Licensing System & Registry (NMLS) maintains a database of licensed mortgage brokers and loan originators.
  • Ask to see everything in writing before you agree to the refinancing terms. According to the Federal Trade Commission, lenders must disclose the following key information to you:
    • Clearly outline the changes to your loan.
    • Clearly tell you the total fee the company will charge you for its services.
    • Warn you that you could lose your home — and damage your credit — if you stop paying your mortgage.

Know your options if you fall behind on your mortgage. Unfortunately, during times of financial hardship homeowners are often targeted by scammers who prey on their desperation.

  • Contact your lender, a certified housing counselor or the NYS Homeowner Protection Program for advice and available options if facing financial problems or foreclosure.
  • Beware of anyone who contacts you with a solution to your financial problems. Never do business with anyone who calls you, sends you mail or knocks on your door with offers to help fix your foreclosure or default. Do not respond to advertisements and fliers making similar offers.
  • Never pay up front for mortgage relief services. Be cautious of anyone that requests an upfront fee to help prevent a foreclosure. Mortgage relief scams often target homeowners facing foreclosure with promises to modify the loan in exchange for an upfront payment.
  • The Home Equity Theft Prevention Act governs certain sales of homes that are in foreclosure or default. If you are planning to sell a home that is in foreclosure or default, you should be aware of your rights under the Act and know what to expect from a legitimate buyer.
  • Know your rights. If you are facing foreclosure, review the Residential Foreclosure Actions Consumer Bill of Rights.

About 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 other consumer protection tips and consumer alerts, consumers can visit the DCP website or follow DCP on social media via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

MAYOR ADAMS CALLS OUT WORST TRUCK IDLING OFFENDERS, ANNOUNCES THAT LOOMIS WILL ELECTRIFY FLEET OF TRUCKS BY 2025 IN RESPONSE TO CITIZENS AIR COMPLAINT PROGRAM

 

Amazon Has Paid More Than $1 Million to Satisfy Outstanding Violations

New York City Mayor Eric Adams, Chief Climate Officer and New York City Department of Environmental Protection (DEP) Commissioner Rohit T. Aggarwala, and New York City Corporation Counsel Sylvia O. Hinds-Radix today highlighted the 10 companies that are the worst truck idling offenders in the city. After receiving 420 complaints as a result of the Citizens Air Complaint Program, one of those companies, Loomis — an armored car company — has agreed to fully electrify its fleet by 2025. Since its inception, the Citizens Air Complaint Program has seen a 440-percent increase in submissions and is on track for 90,000 complaints in 2023, marking its biggest year ever. The city also announced that Amazon, the second-worst offender, has already paid more than $1 million to settle outstanding violations issued to the company and its affiliates.

 

“Today, we’re making two things clear: If companies do the right thing and electrify their fleets, we’ll have their backs. And if companies don’t, while they idle and continue to expose our children to asthma-causing pollution, we’ll hold them accountable,” said Mayor Adams. “New Yorkers deserve clear streets and clean air, and the Citizens Air Complaint Program is helping us deliver.”

 

“Every vehicle idling on our streets is pouring pollution into our atmosphere and our airways, and we won’t allow that to continue,” said Deputy Mayor for Operations Meera Joshi. “The companies behind this public health hazard have a choice: They can do the right thing and electrify their fleets, like Loomis is, or we’ll make them pay for the damage they’re causing.”

 

“DEP will not stand ‘idly’ by while these companies allow their fleet vehicles to ruin New York City’s air quality and fill the lungs of our residents with harmful pollution. These companies have demonstrated a blatant disregard for the law and public health, and that is why DEP is working with the City Council to strengthen our idling laws and improve the Citizens Air Complaint Program,” said Chief Climate Officer and DEP Commissioner Aggarwala. “I want to thank New Yorkers for their vigilance in protecting the environment and providing us with the video evidence needed to levy penalties against these top ten offenders.”

 

“The city takes seriously its obligation to combat excessive engine idling,” said Corporation Counsel Hinds-Radix. “The city will continue to pursue collection on the large number of outstanding, unpaid violations to provide a disincentive to the continued problem of excessive idling on our streets.”

 

“Loomis is committed to be the industry leader in reducing our carbon footprint and having the most efficient transportation network possible. Reducing CO2 emissions from our vehicles through the investment in electric vehicles is a major component of our plan,” said Patrick Otero, chief financial officer, Loomis. “We look forward to our partnership with New York City as we invest in our fleet and continue our rollout of zero-emission electric vehicles in the city. Loomis Armored US will be completely emission-free in New York City by the end of 2025.”

 

Loomis does not turn off their vehicles during their routes due to security concerns. As a result of Loomis’s commitment to fully electrify their fleet by 2025, and continued demonstrations of progress towards that goal, the city will issue a variance for idling penalties against Loomis. Loomis will purchase six electric vehicles a year over the next three years. Currently, two vehicles in the Loomis fleet are already electrified. Loomis has already presented DEP a purchase order from February for six vehicles for 2023. This pledge aligns Loomis with the city’s climate goals of reducing idling pollution and improving air quality, and it is expected to inspire other companies to take necessary steps toward fleet electrification. DEP will be reviewing Loomis’ progress at a six-month interval to ensure compliance with the variance. If Loomis fails to show sufficient progress, DEP can revoke the variance. During the next two years, Loomis will also determine if there are any issues that could preclude the purchase of the additional vehicles, such as the inability to receive necessary permits to install adequate chargers for their electrified fleet.

 

TOP TEN IDLING OFFENDERS

Company Name 

Total Summonses (since program inception) 

LabQ Clinical Diagnostics LLC 

3,288 

Amazon 

2,964 

Con Ed 

2,814 

Verizon 

2,813 

Merchants Automotive Group 

2,486 

Brink's Incorporated 

1,020 

Spectrum/Charter 

1,011 

Garde CL 

598 

Loomis 

420 

Fed Ex 

390 


Amazon has paid a total of $1,014,387 to satisfy 764 outstanding engine idling violations issued to the company and affiliated entities. As of March 17, 2023, Amazon had an additional 1,640 summonses awaiting adjudication, with the company potentially facing a minimum of an additional $691,010 in penalties. The remaining summonses are in various stages of process. The enormous number of summonses that Amazon continues to amass indicates that Amazon’s violation of the city’s engine idling prohibitions continues unabated. 

 

Other top violators include Ryder Truck Rental, Penske Truck Rental, EZ Rental, National Grid, Union Beer Distributors, EAN Holdings (parent company of Enterprise Rent-A-Car, National Car Rental, and Alamo Rent a Car), and United Parcel Service (UPS).

 

About the Citizens Air Complaint Program

 

The Citizens Air Complaint Program allows individuals who witness illegal truck idling to file a complaint online with DEP. Participants upload three-minute videos of idling trucks and, following further investigation, DEP may issue a summons based on these reports. If DEP does not issue a summons, the citizen reporting the violation may issue a summons. If the city is successful in collecting on citizen-reported violations, the citizen reporting the violation is entitled to a share of the amount recovered. Penalties imposed are $350 to $1,000 for a first violation, $440 to $1,500 for a second violation, and $600 to $2,000 for a third or any subsequent violations. DEP, the New York City Police Department, the New York City Department of Parks & Recreation, and the New York City Department of Sanitation all have authority to issue summonses for violation of the excessive idling provisions.

 

Since its inception, the Citizens Air Complaint Program has produced a significant spike in the number of complaints being filed. DEP received 9,070 complaints in 2019, 9,569 in 2020, 12,267 in 2021, and 48,979 complaints in 2022 — a 440-percent increase from when the program began. Just this year, DEP received 7,428 complaints in January, 7,304 in February, and 8,431 in March — putting the program on a trajectory for more than 90,000 complaints in 2023.

 

DEP has met this growth in several ways: Utilizing artificial intelligence technology to accelerate review of submitted videos and identification of registered vehicle owners; assigning more staff to the program; establishing a dedicated email address where citizens can submit questions and receive assistance in making their submissions; and clarifying the requirements for making submissions on the DEP website.

 

It is illegal to idle for longer than three minutes on a New York City street or for more than one minute while next to a city school. There are exemptions for emergency vehicles; certain vehicles that operate loading, unloading, or processing devices; and school buses and other buses when the temperature is below 40 degrees Fahrenheit. Idling emissions from gasoline and diesel motor vehicle engines have health-related impacts, contributing to asthma and respiratory, cardiovascular, and other health-related harms.