DE BLASIO ADMINISTRATION UNVEILS INTERACTIVE MAP OF REZONING COMMITMENTS

  Today, the de Blasio Administration launched the NYC Rezoning Commitments Tracker, an interactive map that details progress on all City commitments that were made to communities as part of neighborhood-scale rezonings in East New York, East Harlem, Downtown Far Rockaway, Greater East Midtown, and Jerome Avenue. This new tool reflects the City’s holistic approach to neighborhood planning and commitment to transparency and good governance, providing a window into the Administration’s efforts to create a stronger and fairer city neighborhood by neighborhood.

“My administration is dedicated to creating a stronger and fairer city by giving communities a voice in the planning process,” said Mayor de Blasio. “The NYC Rezoning Commitments Tracker will provide New Yorkers the transparency and accountability they deserve when it comes to the progress of projects in their neighborhoods.”

“The Mayor’s Office of Operations works diligently to track progress on the Administration’s commitments to New Yorkers,” said Emily W. Newman, Acting Director of the Mayor’s Office of Operations. “By managing the NYC Rezoning Commitments Tracker, we give communities a window into what is happening in their neighborhoods. This new innovative map is yet another example of how we are improving transparency and accountability in City government while creating real and lasting changes that make our neighborhoods stronger and fairer.”

“The NYC Rezoning Commitments Tracker came as a result of a City Council bill co-sponsored by Public Advocate Letitia James and Council Member Rafael Espinal that required on-going tracking of all commitments as a part of neighborhood rezonings. This new interactive map is a welcome addition to our land use process, and will help inform the public. Accountability and transparency are a central pillar of good government and I thank the De Blasio administration for building this new tool and taking this work to heart,” said City Council Speaker Corey Johnson.

Each rezoning was adopted by the City Council as part of a comprehensive neighborhood plan that includes specific commitments related to housing, open space, community resources, transportation and infrastructure, and economic and workforce development.  Local Law 175 of 2016 requires the City to establish and maintain a public list of these commitments and to report annually on their progress.  As part of meeting this requirement, the Mayor’s Office of Operations developed an interactive map to help the public visualize and better understand what projects are being undertaken in their communities, where they are occurring, and the City’s progress toward its commitments.

The mapped commitments vary in timeline and scope and are being implemented by more than a dozen City agencies, including Housing Preservation and Development, the Department of Environmental Protection, and the Parks Department. The map is user-friendly and will be updated each year in fulfillment of the law’s requirements.

Highlights by neighborhood:

East Harlem

• The City is expediting the construction of over 2,600 units of affordable housing on publicly owned sites in East Harlem over the next several years, and in response to feedback from the community, committed to deeper levels of affordability for the Lexington Gardens II, Sendero Verde (SustainNYC), and 126th Street Bus Depot sites
• The City designated as individual landmarks the Richard Webber Harlem Packing House, Public School 109, and the Manhattan Center for Science and Mathematics (formerly Benjamin Franklin High School)
• EDC will release an RFP in Summer 2018 to expand the Harlem River Greenway Link between East 125^thand 132^nd Streets
• The City completed the renovations of James Weldon Johnson Playground and Playground 103

East New York

• The City announced that a City-owned site at Atlantic and Chestnut will be developed with 274 units of affordable housing as well as a community center and public school
• The City released two other RFPs for affordable housing in the area (Grant Ave Muni Lot and Christopher-Glenmore) which will together create approximately 200 units of housing
• The School Construction Authority (SCA) is building a new, 1,000 seat pre-K through 8th grade school at Atlantic Ave and Chestnut Street. The project includes an at grade playground that will be open to the community during non-school hours. The project is on track and anticipated to open in September 2020
• The Atlantic Avenue Great Streets reconstruction project broke ground in May 2018, and willadd a raised, planted median to the corridor, new water mains, sewers, and catch basins, as well as curb extensions and new crosswalks to make the avenue safer for pedestrians
• Parks improvement projects are underway at Highland Park, City Line Park and Callahan Kelly Playground to provide the neighborhood with enhanced recreational options including new skate parks, play equipment and green spaces
• Over $1.4 million was allocated to local groups, the Cypress Hills Local Development Corporation and the Local Development Corporation of East New York to support commercial revitalization along Fulton Street, Atlantic Avenue, and other corridors. These funds help owners grow their businesses and will make these corridors cleaner, more attractive neighborhood destinations

Downtown Far Rockaway

• The City is advancing the first phase of a mixed-use development that will include hundreds of affordable units along with new commercial space and public open space in the heart of Downtown Far Rockaway
• The City is nearing the selection of a developer to transform an underutilized City-owned lot into a mixed-use development of affordable and mixed-income housing, commercial space, and community facilities
• The City has secured funding for the comprehensive renovation of the Downtown Far Rockaway library, with construction expected to begin in 2018
• The Landmarks Preservation Commission designated two properties as landmarks:  Firehouse, Engine Companies 264 & 328/Hook and Ladder 134 at 16-15 Central Avenue , and the 53rd (now 101st) Precinct Police Station at 16-12 Mott Avenue 
• The Department of Environmental Protection (DEP) completed the installation of three new storm sewer extensions in Far Rockaway in September 2017. This work includes the installation of new storm sewers and catch basins to help improve drainage and reduce localized street flooding

Greater East Midtown

• The East Midtown Governing Group has shaped and approved a public realm improvement plan for the area and has already begun implementation of the plan by allocating a total of $34M to fully fund projects that include:  A permanent pedestrian plaza at Pershing Square East, thoroughfare improvements along Lexington Avenue, and security infrastructure for a shared street on East 43rd Street
• The City has made good on its commitments regarding several additional public realm improvement projects, including completion of a permanent plaza at Pershing Square West and initiation of the design and construction process for a permanent shared street on East 43rd Street
• JP Morgan Chase is pursuing redevelopment of its headquarters at 270 Park Avenue using the tools provided by the East Midtown rezoning, which includes the purchase of air rights from area landmarks

While the Jerome Avenue neighborhood plan is included on the map, progress updates were not included this year since the rezoning was approved in March 2018 and it is too early for substantive updates. Progress on Jerome Avenue will be reported in the next round of updates in June 2019.

“As we continue to make progress towards the goals established with communities from East Harlem to Downtown Far Rockaway, this new interactive map reflects our commitment to greater transparency and accountability,” said Department of Housing Preservation and Development Commissioner Maria Torres-Springer.  “From affordable housing developments on key public sites to new initiatives including Neighborhood Pillars to help community organizations acquire rent-stabilized properties, a citywide Certification of No Harassment to protect tenants from harassment and displacement, and a pilot basement conversion program in East New York, we continue to push forward on all our commitments, so residents see real results not just on this map but on the ground in their neighborhoods.”

"As we move to invest in our city's neighborhoods - including creating affordable housing, adding school seats,  beautifying parks, making streets safer and providing workforce training - we want New Yorkers to see the real progress that is being made. This easy to use interactive tool allows you to visualize the City's commitments and to track our progress, so check it out," said Department of City Planning Director Marisa Lago.

BP DIAZ HOSTS 8TH ANNUAL LGBTQ & ALLIES PRIDE AWARDS

  On Wednesday, June 27, 2018, Bronx Borough President Ruben Diaz Jr. hosted his office’s 8th annual LGBTQ & Allies Pride Awards Ceremony at Billy's Sports Bar in the South Bronx.

The event recognized the vibrant history and culture of the LGBTQ community and their contributions to the borough’s rich history and cultural landscape.

This year’s honorees included Audrey DeJesus, a longtime Bronx LGBT activist and leader; Jose Collazo, Site Manager for the SAGE Center Bronx; Dr. Douglas L. York, Chief Executive Officer of Union Community Health Center and Krishna Stone, Director of Community Relations at Gay Men’s Health Crisis.

In addition Hon. Paul G. Feinman, Associate Justice of the New York State Court of Appeals and highest openly gay Justice in New York State, was awarded the 2018 John Wade Award, which honors LGBTQ individuals for excellence in government service.

“These honorees have been not only great advocates in addressing the needs of our LGBTQ community in The Bronx and throughout New York City, but role models for all of us as well,” said Bronx Borough President Ruben Diaz Jr. “I am proud to continue to stand with the LGBTQ community in The Bronx and beyond, and my office will continue to work to ensure that this borough and this city are welcoming and supportive of all communities.”

Above - New York State Lieutenant Governor Kathy Hochul made a guest appearance.

Below - BP Diaz gives the John Wade Award to Judge Paul G. Feinman of the New York State Court of Appeals. Judge Feinman is the highest openly gay judge in New York State.

20 Members And Associates Of Bronx Gang Charged In Manhattan Federal Court With Racketeering, Robbery, Narcotics, And Firearms Offenses

Two Defendants Are Charged With The 2011 Murder of Daniel Delgado

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), and James J. Hunt, the Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), announced the unsealing today of a Superseding Indictment charging a total of 20 members and associates of a branch of the MacBallas street gang operating primarily in and around the Andrew Jackson and Melrose Houses in the Bronx with racketeering, narcotics, robbery, and firearms offenses.  Two defendants are charged with the 2011 murder of Daniel Delgado.

A total of 12 defendants were taken into custody today; three other defendants were already in federal custody; and three are in state custody.  Fourteen of the 20 defendants will be presented and arraigned before U.S. Magistrate Judge Kevin N. Fox later today.  The case is assigned to U.S. District Judge Denise L. Cote.   

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged in the Indictment, the defendants brought violence, fear, and drugs to the streets of New York.  The people of this city will not stand for it, and neither will we.  Thanks to the extraordinary work of the NYPD and DEA, the defendants will now face justice for their alleged crimes.” 

NYPD Commissioner James P. O’Neill said:  “Gang and crew activity, particularly in the Bronx as we’ve seen of late, is responsible for much of the violence in our city.  This behavior will never be tolerated by New Yorkers, and I thank our federal partners at the DEA and the Southern District for strengthening the NYPD’s relentless efforts to rid our streets of these criminals.”

DEA Special Agent-in-Charge James J. Hunt said:  “Gang violence begets violence and turns neighborhoods into battlegrounds.  Law enforcement knows that shutting down gangs’ drug and gun networks lays a foundation for safer communities.  Today’s arrests demonstrate that we are proactively safeguarding our communities by dismantling one gang at a time.”

As alleged in the Superseding Indictment unsealed today in Manhattan federal court and in other court papers[1]:

From 2011 through June 2018, in the Southern District of New York and elsewhere, TOSHNELLE FOSTER, a/k/a “Tosh,” CHRISTOPHER ASHE, a/k/a “Chips,” DAWAYNE BELL, JASON CHRISTIAN, a/k/a “Hungry,” NAVONE DOZIER, a/k/a “Dollaz,” KEVON GAITHER, a/k/a “KK,” CLARENCE GLASGO, a/k/a “Chuck,” XAVIER HOLMAN, a/k/a “Rico,” JAFARI JONES, a/k/a “JJ,” SEAN JONES, a/k/a “S Dot,” KEENAN MCFARLAND, AUSTIN MORRISHOW, a/k/a “Chuckey,” DEANDRE MORRISON, a/k/a “D Nice,” DEONTE MORRISON, a/k/a “Suki,” KEITH OUTLAW, a/k/a “Keefy,” LASYAH PALMER, a/k/a “Timbo,” JASON RAMOS, a/k/a “Chico,” FRANCISCO TORRES, a/k/a “Baby,” and BO WILLIAMS, a/k/a “Boski,” were all members and associates of the MacBallas street gang, whose territory was centered in and around the Andrew Jackson and Melrose housing projects in the Bronx, New York.  In order to fund the gang, protect its territory, and promote its standing, members of the MacBallas engaged in, among other things, narcotics trafficking, robbery, and other acts of violence, including murder.  MacBallas members sold heroin, crack cocaine, and marijuana in the gang’s territory, promoted their gang affiliation on social media sites like Facebook, possessed shared firearms, and engaged in shootings as part of their gang membership.

In particular, on August 1, 2011, DEANDRE MORRISON and NATHANIEL FLUDD murdered Daniel Delgado in order to maintain and increase their status in the MacBallas gang.

Members of the MacBallas gang also participated in a conspiracy to distribute narcotics in and around the MacBallas territory in the Bronx.  In particular, CHRISTIAN, ASHE, DOZIER, GAITHER, JAFARI JONES, SEAN JONES, McFARLAND, MORRISHOW, DEONTE MORRISON, OUTLAW, PALMER, RAMOS, TORRES, and WILLIAMS participated in a conspiracy to distribute heroin, marijuana, and more than 280 grams of crack cocaine.

Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the NYPD’s Bronx Violent Crimes Squad and the New York Field Division of the DEA.

The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.       

COUNT	CHARGE	DEFENDANTS	MAX. PENALTIES
1	Racketeering Conspiracy 18 U.S.C. § 1962(d)	TOSHNELLE FOSTER, 26 CHRISTOPHER ASHE, 21 DAWAYNE BELL, 27 JASON CHRISTIAN, 37 NAVONE DOZIER, 23 KEVON GAITHER, 22 CLARENCE GLASGO, 23 XAVIER HOLMAN, 28 JAFARI JONES, 23 SEAN JONES, 28 KEENAN McFARLAND, 22 AUSTIN MORRISHOW, 20 DEANDRE MORRISON, 26 DEONTE MORRISON, 24 KEITH OUTLAW, 26 LASYAH PALMER, 29 JASON RAMOS, 23 FRANCISCO TORRES, 27 BO WILLIAMS, 27	20 years
2	Narcotics Conspiracy 21 U.S.C. § 846	JASON CHRISTIAN CHRISTOPHER ASHE NAVONE DOZIER KEVON GAITHER JAFARI JONES SEAN JONES KEENAN McFARLAND AUSTIN MORRISHOW DEONTE MORRISON KEITH OUTLAW LASYAH PALMER JASON RAMOS FRANCISCO TORRES BO WILLIAMS	Life in prison Mandatory minimum of 10 years in prison
3	Murder in Aid of Racketeering 18 U.S.C. § 1959(a)(1)	NATHANIEL FLUDD DEANDRE MORRISON	Death, or Life in prison
4	Causing Death through use of a Firearm 18 U.S.C. § 924(j)	NATHANIEL FLUDD DEANDRE MORRISON	Death, or Life in prison
5	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	SEAN JONES NAVONE DOZIER DAWAYNE BELL CLARENCE GLASGO	20 years in prison
6	Firearms Offense 18 U.S.C. § 924(c)(1)(A)(iii) and 2	SEAN JONES NAVONE DOZIER DAWAYNE BELL CLARENCE GLASGO	Life in prison Mandatory minimum of 10 years in prison
7	Hobs Act Robbery 18 U.S.C. § 1951	JAFARI JONES	20 years in prison
8	Firearms Offense 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2	JAFARI JONES	Life in prison Mandatory minimum of 10 years in prison
9	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	KEITH OUTLAW	20 years in prison
10	Firearms Offense 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2	KEITH OUTLAW	Life in prison Mandatory minimum of 10 years in prison
11	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	DEONTE MORRISON	20 years in prison
12	Firearms Offense 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2	DEONTE MORRISON	Life in prison Mandatory minimum of 10 years in prison
13	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	TOSHNELLE FOSTER	20 years in prison
14	Firearms Offense 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2	TOSHNELLE FOSTER	Life in prison Mandatory minimum of 10 years in prison
15	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	KEITH OUTLAW	20 years in prison
16	Violent Crime in Aid of Racketeering 18 U.S.C. §§ 1959(a)(3), 1959(a)(5) and 2	XAVIER HOLMAN	20 years in prison
17	Firearms Offense 18 U.S.C. §§ 924(c)(1)(A)(iii) and 2	XAVIER HOLMAN	Life in prison Mandatory minimum of 10 years in prison
18	Felon in Possession of Ammunition 18 U.S.C. § 922(g)	XAVIER HOLMAN	10 years in prison
19	Felon in Possession of Ammunition 18 U.S.C. § 922(g)	KEENAN McFARLAND	10 years in prison
20	Firearms Offense 18 U.S.C. § 924(c)(1)(A)(iii) and 2	JASON CHRISTIAN KEENAN McFARLAND AUSTIN MORRISHOW LASYAH PALMER JASON RAMOS FRANCISCO TORRES BO WILLIAMS	Life in prison Mandatory minimum of 10 years in prison

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

California And Florida Men Charged With Selling Synthetic Cannabinoids Over The Internet

The Defendants Shipped Drugs To All 50 States And Made More Than $1 Million

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and Peter R. Rendina, Inspector-in-Charge of the New York Field Division of the U.S. Postal Inspection Service (“USPIS”), announced today that JONATHAN RIENDEAU and JADE PLANTE have been charged with operating websites that sold more than $1 million of synthetic cannabinoids throughout the United States.  Both defendants were arrested this morning.  RIENDEAU will be presented today in federal court in the Southern District of California.  PLANTE will be presented today in federal court in the Southern District of Florida.  The case has been assigned to United States District Judge Naomi Reice Buchwald.

U.S. Attorney Geoffrey S. Berman said:  “Trafficking of synthetic cannabinoids – sometimes called K2 or Spice – is on the rise and poses a serious threat to public health and safety.  Packaged attractively to appeal to teenagers and young adults, synthetic cannabinoids are in reality a toxic cocktail that can be very dangerous to consume.  As alleged, Jonathan Riendeau and Jade Plante used the internet to peddle massive quantities of synthetic cannabinoids.  Thanks to our law enforcement partners, Riendeau and Plante have been arrested and their dangerous business has been dismantled.”

NYPD Commissioner James P. O’Neill said:  “As NYPD detectives continue to do remarkable work in investigating those responsible for directing smokeable synthetic cannabinoids onto our streets – and the resulting scourge of related overdoses – we are grateful for the collaboration of our federal partners, whose reach and expertise greatly strengthens our impact on this crisis.  The composition of these toxic chemicals varies by batch, and the results of taking them are unpredictable. What is predictable, however, is our relentless investigation of anyone who produces or sells so-called ‘synthetic marijuana’ in New York City or anywhere else in America.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “These individuals allegedly sold and distributed massive quantities of laced smokeable synthetic cannabinoids, throughout the country using the internet.  These arrests are so timely, considering amount of K2 related overdoses we have experienced here in New York City.  Law enforcement is full steam ahead on investigations to bring down those online drug dealers and prosecute them to the fullest extent of the law.”

USPIS Inspector-in-Charge Peter R. Rendina said:  “Dealers in synthetic drugs never think of the lasting impact on the lives destroyed and the communities devastated by their greedy and illegal operation. Their only goal is to make money off of the users. Whether it be a clever name or packaging, these illegal operations will never go unnoticed by law enforcement.  Today’s arrests are a strong message to drug traffickers that Postal Inspectors and their law enforcement partners will spare no resource or expense to protect our customers and the sanctity of the U.S. Mail.”

According to the allegations in the Indictment[1]:

From February 2014 until June 2018, RIENDEAU and PLANTE operated a scheme to distribute massive quantities of smokeable synthetic cannabinoids (“SSC”), containing controlled substances and controlled substance analogues, throughout the United States.  SSC, which can be addictive, are often marketed as safe, legal alternatives to marijuana.  In fact, SSC are not safe and may affect the brain much more powerfully than marijuana; their actual effects can be unpredictable and, in some cases, more dangerous or even life-threatening.

RIENDEAU and PLANTE operated three different websites on which they sold SSC, colloquially referred to as “K2” or “Spice,” which included dried, shredded plant material onto which synthetic cannabinoid chemicals had been sprayed, and liquids containing synthetic cannabinoid chemicals for users to vaporize and inhale with e-cigarettes or other similar devices.  The SSC distributed by the scheme were branded with colorful graphics and distinctive names, including “Dead Man Walking,” “Brainfreeze,” “Klimax,” “Twilite,” “Delirium,” “Purple Haze,” “Diablo,” “AK-47,” “ScoobySnax,” “F*cking Crazy,” and “Dafuq.”  Many of the SSC were marketed as having flavors, including chocolate, apple, and strawberry.  The SSC were sometimes marked “not for human consumption,” or “potpourri.”

Over the course of the scheme, RIENDEAU and PLANTE shipped approximately 6,000 packages of SSC through the United States mail to customers throughout the U.S., including locations in Manhattan, the Bronx, and all 50 states, containing a total of more than 120 kilograms of SSC.  RIENDEAU and PLANTE were paid more than $1 million for SSC in the course of the scheme.

RIENDEAU, 38, of San Diego, California, is charged with three counts of conspiring to distribute narcotics.  PLANTE, 39, of Port Saint Lucie, Florida, is charged with one count of conspiring to distribute narcotics.  Each count carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.  

Mr. Berman praised the outstanding investigative work of HSI, USPIS, and the NYPD, and thanked the Drug Enforcement Administration for its assistance.  The long-term investigation of this case was partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (“HIDTA”), which is a federally funded crime fighting initiative and part of the Organized Crime Drug Enforcement Task Force program.

The charges contained in the Indictment are merely accusations, and the defendants are 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.

A.G. Underwood Announces $282,000 Settlement With Reality Television Production Company That Underpaid Workers

Former Employees of Original Media LLC – Former Producer of “Swamp People” and “Miami Ink” – Will Receive $282,000 in Restitution for Unpaid Overtime; Company Also Reforming Business Practices

Settlement is Third in AG’s Ongoing Investigation into Television Production Industry to Protect Workers’ Rights to Proper Overtime Pay 

  Attorney General Barbara D. Underwood announced a settlement resolving an investigation into Original Media LLC, which produced “Swamp People,” “Miami Ink,” and other reality television programs, for failing to pay scores of employees required overtime. Following the Attorney General Office’s investigation, Truly Original LLC – the new entity from a merger between Original Media and True Entertainment – has agreed to pay $282,000 in restitution to employees who did not receive required overtime payments for having worked well over 40 hours per week. 

“Employees deserve to be fairly compensated for their long hours,” said Attorney General Underwood. “My office will continue to enforce overtime laws and ensure employees are being treated justly in the television production industry and across New York.”

The settlement follows the Attorney General’s $411,000 settlement with True Entertainment LLC, now part of Truly Original LLC – which produced “Real Housewives of Atlanta”– and the Attorney General’s $226,000 settlement with Sharp Entertainment, which produces “Man v. Food.”

In total, the Attorney General has won back $919,000 for television production workers — part of over $30 million recovered for more than 21,000 workers since 2012 in wage theft cases.  

The Attorney General’s investigation found that beginning in January 2009, Original Media misclassified employees – including Production Assistants and Associate Producers – as exempt from overtime pay. As a result, many of these workers were entitled to overtime pay but never received it. In addition to failing to compensate their employees properly, Original Media did not keep legally required records listing the total hours employees worked and did not provide employees with accurate statements of the hours they worked during each pay period. The Attorney General’s investigation found that Original Media’s Production Assistants and Associate Producers frequently worked at least 50 hours per week and sometimes as many as 80 hours per week without receiving the overtime premiums the law requires.

Lowell Peterson, Executive Director of the Writers Guild of America, East, said, “As part of our ongoing nonfiction television organizing campaign, the Writers Guild of America, East has negotiated collective bargaining agreements that protect the pay and benefits of hundreds of writer-producers. We are pleased the Attorney General has taken action and won real justice for the Associate Producers employed by Original Media / Truly Original, people who were deprived of overtime pay despite their grueling work schedules. WGAE contracts require employers to pay overtime to APs; Original and True are non-union. Writer-producers working together, combined with vigorous law enforcement by the AG, are sending a powerful message to nonfiction TV production companies: wage theft is not the way to do business.”

Overtime laws exist to discourage employers from assigning very long workweeks, to provide some compensation for people who have to work very long hours, and to spread employment throughout the workforce by incentivizing companies to hire additional employees rather than overworking a more limited staff.

While there are exemptions from state and federal overtime coverage, including for certain high-level employees who fall into certain categories of job duties based on state and federal law, none of those exemptions applied to the workers covered by the settlement. Production Assistants and Associate Producers for Original Media had a range of duties, including crowd control, making travel arrangements, logging footage, and obtaining releases from people appearing on camera. Based on their duties, these employees were legally entitled to overtime. Original Media violated the New York Labor Law by not paying employees accordingly.

As True Entertainment and Original Media have previously merged to form Truly Original LLC, Truly Original has agreed to and already begun implementing several reforms of its business practices, including the following:

• Notifying all Production Assistants and Associate Producers in writing that they are classified and will be treated as overtime-eligible, non-exempt employees who are entitled to be paid at one and one-half times their regular rates for hours worked in excess of 40 in any work week.
• Giving all employees true and accurate wage statements listing the amount of regular and overtime hours worked by employees.
• Updating their employee handbook to include information about overtime pay eligibility.
• Training current and newly hired human resources staff, the payroll department, and supervisory personnel about legal requirements for paying overtime and maintaining payroll records. 

The settlement funds will be distributed to Production Assistants, Associate Producers, and workers who performed equivalent tasks for Original Media. Truly Original must also now analyze the job duties of workers in the Producer job title who earn below a certain amount to determine whether those workers are entitled to overtime.

DE BLASIO ADMINISTRATION LAUNCHES PILOT BASEMENT CONVERSION PROGRAM IN EAST NEW YORK; LEGISLATION PROPOSED TO MODIFY BUILDING CODE STANDARDS FOR AREA

City seeks Community Based Organization to administer new loan program to finance homeowner creation of safe, quality basement apartments

  Today, Mayor Bill de Blasio and Council Members Brad Lander, Rafael Espinal and Inez Barron proposed legislation to establish a three-year demonstration program to facilitate the creation and renovation of apartments in the basements and cellars of certain one- and two-family homes in Brooklyn Community District 5. The City will allow for the creation of new apartments in this area through the modification of existing Housing Maintenance Code, Fire Code and Construction Code standards, coupled with existing allowances for home conversions and the allocation of funds to assist with these renovations. This innovative pilot program will provide safe and legal housing options to more New Yorkers.

“The City is using innovative strategies to unlock more affordable housing at every level – including the basement,” said Mayor de Blasio. “This program will increase the stock of affordable housing in East New York, provide additional income to homeowners, and ensure tenant safety. This administration will continue to utilize every tool we have to tackle affordability head on.”

Tenants in illegal basement and cellar apartments typically have no lease, limited rights, and live in substandard conditions. This bill would add to New York City’s existing housing stock by allowing property owners to create safe and legal apartments in their buildings. The City will also use the pilot to identify and learn about how to overcome barriers that owners face when seeking to convert basement units.

Modifications of code standards include minimum ceiling heights and window sizes in basement and cellar spaces and strengthened requirements for emergency egress and fire safety. Each proposed modification to the code standards for this program took into account the obligation to preserve the health and safety for the occupants of these apartments. The changes will modify requirements in order to reduce costs and facilitate conversion of new residential units.

“The Buildings Department is pleased to join our colleagues in city government to promote the Mayor’s vision for affordable housing. This new legislation will modify several existing city code standards to help homeowners build safe and legal cellar and basement dwelling units in many properties in Brooklyn Community District 5. We thank the City Council and our partner agencies for their work on this important new program,” said Buildings Commissioner Rick D. Chandler, PE.

“The City is always looking to pursue creative solutions to meet the affordable housing needs of residents and communities. This pilot program in East New York will support homeowners in creating safe, legal basement apartments that will improve their financial stability, while generating new, quality housing for tenants,” said New York City Department of Housing Preservation and Development Commissioner Maria Torres-Springer. “We are grateful to Councilmembers Espinal, Barron, and Lander and our partner City agencies for their commitment to advancing this innovative program that promises to provide a stabilizing force for homeowners, tenants, and the community.”

The New York City Department of Housing Preservation and Development is looking to identify a Community Based Organization to administer the demonstration program on behalf of HPD. The financing program, which will provide low-interest financing to qualified homeowners to assist in the creation of habitable basement apartments, will launch later this year.  HPD will fund the selected CBO to provide technical assistance, including working directly with homeowners to apply for and close on financing from the agency, helping them select an architect and contractor from a pre-qualified list, assisting in the temporary relocation of any tenants, and helping to monitor construction and lease up their unit upon completion of the renovations. With assistance from the CBO, the owners will work directly with qualified contractors to renovate their basements in compliance with modified code standards. To qualify for the program, a homeowner must have an income at or below 165% of Area Median Income, and occupy the home as their primary residence.

Brooklyn’s Community District 5, including East New York, has an existing building stock of one- and two-family homes that is ideal for the launch of this program. The basement conversion pilot program was a commitment made under the East New York Neighborhood Plan, and is the result of a study conducted by a working group convened in October, 2016. This working group was comprised of: administration officials; council officials, including Council Member Espinal; Community groups, residents and housing advocates including CHLDC, UJC, CHAYA, Pratt Center, Coalition for Community Advancement - Progress for East New York/Cypress Hills. The Administration has invested $11.7 million in this three year program.

“Converting basement units into safe and legal housing is an important way to address New York City's affordability crisis," said Council Member Brad Lander. "Together with advocates from the BASE (Basement Apartments Safe for Everyone) Coalition, including Chhaya CDC, Cypress Hills LDC, and the Pratt Center for Community Development, we've been pushing for years to bring underground units into the light. Props to Council Member Rafael Espinal and the de Blasio Administration for developing this thoughtful pilot program for East New York. I look forward to working with our partners to establish the pilot program, and then to learn the lessons we'll need to expand the program to neighborhoods around the city." 

“The basement pilot program was a sticking point for the East New York Neighborhood Plan to pass,” said Council Member Rafael Espinal. “For the past three years, my office has worked with our partners in the administration and community on crafting the nuances of this bill and we are glad to see this finally becoming a reality. In East New York, I can comfortably estimate that over 75% of the basements are being rented illegally, so this will help homeowners by providing an avenue for income, while helping tenants by providing an affordable and safe place to live. I look forward to the implementation of this groundbreaking program, so we can support the residents of my community and gather data to apply this to scale across the city.”

“This bill will increase the stock of safe and quality housing in a city where housing is imminently needed. The number of people who are homeless, rent-burdened, ‘couch-surfing’ and living ‘doubled-up’ are representative of the need for safe, pleasant, affordable housing. Currently, thousands of people across the city are living in basement apartments that are not registered with the city and that have not been certified as meeting the standards, codes and requirements of the city. Agencies responsible for ensuring that the established fire, health, construction and building requirements have been satisfied have no opportunity to confirm the safety of all who live in such premises and indeed the entire neighborhood,” said Council Member Inez Barron. “This bill will enable landlords to make necessary structural adjustments to their basements so that these potential living spaces can be legalized and legitimized. As such, landlords can provide living accommodations that conform to codes  and in which residents can live with confidence.”  

EDITOR'S NOTE:

We left in the comments from the elected officials this time in case the U.S. Attorney's Office needed them. 

$11.7 Million Dollars by the mayor and three city council members. At least it wasn't a Billion Dollars sent upstate by the governor.