Tuesday, February 6, 2024

GOVERNOR HOCHUL ANNOUNCES NEW LAW TO CLARIFY DISCLOSURE OF CREDIT CARD SURCHARGES GOES INTO EFFECT SUNDAY, FEBRUARY 11

Cashier accepts a card payment

Governor Hochul Signed into Law in December 2023 for Greater Consumer Protections and More Transparency

Business Transactions Imposing a Credit Card Surcharge Must Post Total Price of Transactions, Including Surcharge, Prior To Sale

To Assist Businesses, the Department of State has Created a Credit Card Surcharge Guide and Video to Help Businesses Comply with the Law

Governor Kathy Hochul today announced a new consumer protection law that will go into effect on February 11, 2024. This new law will amend and clarify New York’s existing credit card surcharge law. The NYS Division of Consumer Protection assists aggrieved consumers in the marketplace and the New York State Attorney General and local governments have the authority to enforce the credit card surcharge law. The New York State Department of State’s Division of Consumer Protection recommends that interested localities review DCP’s Credit Card Surcharge Legal Update Letter for more information.

“New Yorkers should never have to deal with hidden credit card costs, and this law will ensure individuals can trust that their purchases will not result in surprise surcharges,” Governor Hochul said. “Transparency is crucial in building trust between businesses and communities and now patrons will be empowered to budget accordingly.”

The law, signed by Governor Hochul on December 13, 2023, provides greater transparency and protections for consumers by:

  • Limiting credit card surcharges to the amount charged to the business by the credit card company; and
  • Requiring businesses to post before checkout:
    • the total price of an item or service inclusive of the credit card surcharge; or
    • a two-tiered pricing option, which requires the credit card price to be posted alongside the cash price

The following practices and examples comply with the law’s credit card surcharge notice requirements. See the Department’s Credit Card Surcharge Guidance Document and educational video for additional examples:

DO:

  • The business lists the higher credit card price next to a lower cash price.
  • The business lists the credit card price for items and services, then lets customers know they will receive a discount for using cash.
  • The business changes all prices to the credit card price.

DON’T:

  • The business posts a sign on the door and at the register stating an additional 3.9 percent surcharge will apply for credit card purchases.
  • “This business has a 4 percent cash discount incentive built into all pricing. Any purchases made with a credit or debit card will not receive the cash discount and an adjustment in cost will be displayed on your receipt.”
  • A convenience fee, service fee, administration fee, non-cash adjustment, technology fee, processing fee, etc., is charged to credit card users and added as a separate line item on a customer receipt.
  • The price tag of an item shows “$10.00, + 4 percent if paying with a credit card.”

NOTE: This law does not apply to debit cards.

The Division of Consumer Protection provides educational assistance to consumers in how to protect themselves from unfair practices while also offering resources to the business community to help them comply with the law and prevent fraudulent and deceptive practices. After February 11, 2024, the law will permit local governments to join in the enforcement of this law, providing consumers with additional resources for compliance and providing local governments with broader opportunities to promote consumer protections for their citizens. If there are any issues related to credit card pricing at the register, DCP encourages consumers to:

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 facebook.com/nysconsumer.


70 Current And Former NYCHA Employees Charged With Bribery And Extortion Offenses

 

In the Largest Number of Federal Bribery Charges on a Single Day in DOJ History, 70 Current and Former Employees of the NYCHA Have Been Charged with Allegedly Accepting Cash Payments from Contractors in Exchange for Awarding NYCHA Contracts 

Damian Williams, the United States Attorney for the Southern District of New York; Merrick B. Garland, the Attorney General of the United States; Jocelyn E. Strauber, the Commissioner of the New York City Department of Investigation (“DOI”); Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”); Rae Oliver Davis, the Inspector General of the U.S. Department of Housing and Urban Development, Office of Inspector General (“HUD OIG”); and Jonathan Mellone, the Special Agent in Charge of the Northeast Region of the U.S. Department of Labor, Office of Inspector General (“DOL-OIG”), announced the unsealing of bribery and extortion charges against 70 current and former employees of the New York City Housing Authority (“NYCHA”).  66 of the 70 defendants were arrested this morning in New York, New Jersey, Connecticut, and North CarolinaDefendants who were arrested in the New York area are scheduled to appear before U.S. Magistrate Judges Stewart D. Aaron, Sarah L. Cave, Valerie Figueredo, Sarah Netburn, Katharine H. Parker, Gary Stein, and Ona T. Wang in Manhattan federal court. 

U.S. Attorney Damian Williams said: “Instead of acting in the interests of NYCHA residents, the City of New York, or taxpayers, the 70 defendants charged today allegedly used their jobs at NYCHA to line their own pockets.  This action is the largest single-day bribery takedown in the history of the Justice Department. NYCHA residents deserve better. My Office is firmly committed to cleaning up the corruption that has plagued NYCHA for far too long so that its residents can be served with integrity and have the high-quality affordable homes that they deserveThe culture of corruption at NYCHA ends today." 

Attorney General Merrick B. Garland said: “The Justice Department will prosecute to the fullest extent of the law those who abuse their positions in public service in order to enrich themselves.  The crimes alleged in this case are serious violations of the public trust, and I am grateful to the agents and our partners across government who worked on this case, and to the prosecutors in the Southern District of New York for their tireless efforts to root out corruption.” 

DOI Commissioner Jocelyn E. Strauber said: “As charged, these 70 current and former NYCHA supervisors and other staff used their positions of public trust and responsibility to pocket bribes in exchange for doling out no-bid contracts.  The extensive bribery and extortion alleged here calls for significant reforms to NYCHA’s no-bid contracting process, which DOI has recommended and NYCHA has accepted.  I thank the U.S. Attorney’s Office for the Southern District of New York and our federal law enforcement partners for their commitment to protect scarce public resources intended to maintain public housing, and to hold accountable public servants who abuse their authority, and NYCHA’s senior leadership for its cooperation in this important investigation.”

HSI Special Agent in Charge Ivan J. Arvelo said: “These 70 defendants are accused of demanding kickbacks and bribes for access to no-bid contracts and lucrative, under-the-table deals.  Make no mistake, this alleged pervasive corruption had the biggest impact on NYCHA residents themselves, who may have been cheated out of better services and programs.  I commend the outstanding work of HSI New York’s Document and Benefit Fraud Task Force for today’s historic operation.  As one of the largest investigative agencies, the public can rest assured: Homeland Security Investigations will pursue all avenues of justice for the people of this great city.”

HUD OIG Inspector General Rae Oliver Davis said: “The pay-to-play bribery schemes alleged in the complaints unsealed today waste millions of dollars and risk residents staying in unacceptable living conditions.  The alleged conduct identified during this investigation harms the effectiveness of housing programs that support more than 200,000 residents.  It also poses a significant risk to the integrity of the HUD rental assistance programs that support housing assistance in New York City and erodes the trust of NYCHA residents in HUD’s programs.  We will continue our work with the U.S. Attorney’s Office and our law enforcement partners to prevent and detect these and other schemes.”

DOL-OIG Special Agent in Charge Jonathan Mellone said: “An important part of our mission is to investigate corruption and fraud involving matters within the jurisdiction of the Office of Inspector General.  We are committed to working closely with our law enforcement partners to investigate those who exploit governmental programs and the American workers.”

According to the allegations in the Complaints and publicly filed documents in these cases:[1]

NYCHA is the largest public housing authority in the country, providing housing to 1 in 17 New Yorkers in 335 developments across the City and receiving over $1.5 billion in federal funding from the U.S. Department of Housing and Urban Development every year.  When repairs or construction work require the use of outside contractors, services must typically be purchased via a bidding process.  However, at all times relevant to the Complaints, when the value of a contract was under a certain threshold (up to $10,000), designated staff at NYCHA developments could hire a contractor of their choosing without soliciting multiple bids.  This “no-bid” process was faster than the general NYCHA procurement process, and selection of the contractor required approval of only the designated staff at the development where the work was to be performed. 

The defendants, all of whom were NYCHA employees during the time of the relevant conduct, demanded and received cash in exchange for NYCHA contracts by either requiring contractors to pay up front in order to be awarded the contracts or requiring payment after the contractor finished the work and needed a NYCHA employee to sign off on the completed job so the contractor could receive payment from NYCHA.  As alleged, the defendants typically demanded approximately 10% to 20% of the contract value—between $500 and $2,000 depending on the size of the contract—but some defendants demanded even higher amounts.  In total, these defendants demanded over $2 million in corrupt payments from contractors in exchange for awarding over $13 million worth of no-bid contracts.  The map below shows the developments affected by the alleged conduct:

NYCHA map listing locations where defendants allegedly accepted payments

If you believe you have information related to bribery, extortion, or any other illegal conduct by NYCHA employees, please contact OIGNYCHA@doi.nyc.gov or (212) 306-3356.  If you were involved in such conduct, please consider self-disclosing through the SDNY Whistleblower Pilot Program at USANYS.WBP@usdoj.gov. 

The maximum potential sentences 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 outstanding investigative work of DOI, HSI, HUD OIG, and DOL-OIG, which work together collaboratively as part of the HSI Document and Benefit Fraud Task Force, as well as the special agents and task force officers of the U.S. Attorney’s Office for the Southern District of New York.  Mr. Williams thanked the New York City Police Department and the U.S. Marshals Service for their assistance with today’s arrest operations.  Mr. Williams also expressed appreciation for the cooperation and support of NYCHA’s senior executive leadership and thanked NYCHA Federal Monitor Bart Schwartz for his assistance with the investigation.

These prosecutions are part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation.  OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

These cases are being handled by the Office’s Public Corruption Unit.  Assistant U.S. Attorneys Jerry J. Fang, Jacob R. Fiddelman, Meredith Foster, Catherine Ghosh, and Sheb Swett are in charge of the prosecutions.

The charges contained in the Complaints 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 Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described therein should be treated as an allegation.

Governor Hochul Releases Initial Recommendations From Inter-Agency Fire Safety Working Group

battery energy storage systems on a rooftop, powered by solar and wind energy 

Working Group Outlines Recommended Enhanced Safety Standards for Battery Energy Storage Systems

Recommendations Include Updating Fire Code of New York State and Establishing Best Practices

Governor Kathy Hochul today released initial recommendations from the Inter-Agency Fire Safety Working Group, outlining enhanced safety standards for battery energy storage systems. The draft recommendations include potential updates to the Fire Code of New York State as well as a list of additional opportunities for defining and implementing best practices. If adopted, the changes will codify enhanced safety standards and continue to position New York as a national leader in responsible and reliable battery energy storage development. Today’s announcement follows the release of initial data that found that there were no reported injuries and no harmful levels of toxins detected following fires at battery energy storages systems in Jefferson, Orange and Suffolk Counties last summer.

“The battery energy storage industry is enabling communities across New York to transition to a clean energy future, and it is critical that we have the comprehensive safety standards in place,” Governor Hochul said. “Adopting the Working Group’s recommendations will ensure New York’s clean energy transition is done safely and responsibly.”

The 15 draft recommendations announced today are proposed by the Working Group, with guidance from nation leading subject matter experts, after completing a thorough examination of the existing Fire Code of New York State (FCNYS) and other energy storage fire safety standards. They address preventative and responsive measures as well as best practices, and include proposed requirements related to peer review of project permit application packages, emergency response planning, and local fire department training, among others. The recommendations identify ways to further improve the regulatory framework for BESS in New York, are intended to apply to lithium-ion BESS exceeding 600 kilowatt-hours (kWh). The recommendations were developed with a focus on outdoor systems, BESS in dedicated use buildings, and other grid-scale battery energy storage systems. They will be considered by the New York State Code Council (Code Council) for inclusion in the next edition of the FCNYS to help improve deployment of safety standards in the State and potentially across the country. Interested stakeholders are encouraged to submit comments on these draft recommendations to the Working Group for incorporation into the final recommendations to be submitted to the Code Council for consideration.

The public comment period is open through March 5, 2024 at 3:00 p.m. EST.

Battery energy storage systems are a critical component to achieving a reliable, zero-emissions electric grid since the storage of electricity can help balance the load on the grid during high demand or reduced generation periods. Following a series of fires at three BESS locations across New York State in the summer of 2023, Governor Hochul convened the Inter-Agency Fire Safety Working Group to address safety concerns around lithium-ion BESS. The Working Group includes State agency officials from the New York State Division of Homeland Security and Emergency Services, New York State Office of Fire Prevention and Control, New York State Energy Research and Development Authority (NYSERDA), New York State Department of Environmental Conservation, Department of Public Service and the Department of State, as well as nation-leading BESS safety industry experts with the objectives of investigating the recent failure events, inspecting current installations and identifying gaps in codes and industry best practices.

Today’s announcement builds on the progress being made by the Working Group following the release of the initial results from air, soil and water testing at the sites of the fires at the end of last year. Additionally, the Working Group is concluding negotiations with the impacted facilities’ battery manufacturers and utility companies to secure Root Cause Analysis (RCA) reports for the Warwick, East Hampton, and Chaumont fires. Subject matter experts will review and analyze the reports once they are made available.

The Working Group has also partnered with subject matter experts to inspect all operational battery systems above 300 kW in New York, which accounts for the majority of commercial battery systems in service across the State. Inspections are currently underway and are expected to be complete by the second quarter of 2024. The goal of these inspections is to revise the current evaluation checklists and best-practices available for use by New York State and others prior to energizing battery energy storage systems, and to incorporate lessons learned from the battery fires while enhancing emergency response measures.

New York State's Nation-Leading Climate Plan

New York State's climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts – including the New York Cap-and-Invest program (NYCI) and other complementary policies – to reduce greenhouse gas emissions 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $40 billion in 64 large-scale renewable and transmission projects across the State, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York’s clean energy sector as of 2022 and over 3,000 percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with more than 400 registered and more than 130 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.

Housing Lottery Launches For 710-714 East 215th Street In Williamsbridge, The Bronx


 

The affordable housing lottery has launched for 710-714 East 215th Street, a four-story residential building in Williamsbridge, The Bronx. Designed by Boaz M. Golani of BMG Design Build and developed by Shaya Seidenfeld, the structure yields 16 residences. Available on NYC Housing Connect are 15 units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $72,000 to $167,570.

710-714 East 215th Street in Williamsbridge, The Bronx via NYC Housing Connect

The building has a shared laundry room. Residences include air conditioning, intercoms, patios or balconies, and name-brand kitchen appliances, countertops, and finishes. Tenants are responsible for electricity including stove and heat.

At 130 percent of the AMI, there are 14 studios with a monthly rent of $3,105 for incomes ranging from $106,458 to $146,900, and one one-bedroom with a monthly rent of $3,317 for incomes ranging from $113,726 to $165,230.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than February 27, 2024.

MAYOR ADAMS DELIVERS TESTIMONY TO NEW YORK STATE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES

 

New York City Mayor Eric Adams today provided testimony to the New York State Senate Finance and Assembly Ways and Means Committees, focusing on the administration’s Albany agenda to advance working-class families through extending mayoral accountability for four years, granting the city authority to shut down illegal smoke shops and creating more affordable housing. Finally, Mayor Adams outlined the city’s fiscal challenges, including state funding for asylum seekers and increasing New York City’s debt limit.

 

Below are Mayor Adams’ remarks as prepared for delivery:

 

Thank you, Chair Krueger, and in her absence my longtime Brooklyn colleague Chair Weinstein; Cities Chairs Sepúlveda and Braunstein; Local Government Chairs Martinez and Thiele; and members of the Assembly Ways and Means and Senate Finance committees.

 

I am Eric Adams, mayor of New York City. I’m proud to be here today with Jacques Jiha, director of our Office of Management and Budget. As I said in my recent State of the City, our city has always been about what is possible. It’s a place where you can start a business, start a family, and make your mark.

 

Two years ago, we came into office with a clear mission: to keep that American dream burning bright by protecting public safety, rebuilding our economy, and making our city more livable. Twenty-four months later, we are seeing real results. Crime is down, jobs are up, and every day we are delivering for working-class New Yorkers.

 

You have been our partners throughout this work, and to keep New York City on its upward trajectory, we must continue that strong partnership.

 

Protecting public safety means granting New York City the power to shut down illegal smoke shops, so New Yorkers can walk down the street without being bombarded by illegal shops that operate outside the law and put young New Yorkers at risk.

 

Rebuilding our economy means creating homes New Yorkers can afford, so working-class families can earn a living, raise their kids, and make it in the greatest city in the world.

 

It also means preparing our young people to succeed. Reading and math test scores are up, and we are outpacing the state, but if we don’t extend mayoral accountability, we risk going backwards.

 

Making this city more livable means investing in cleaner streets and more vibrant public spaces. To continue those investments, we need financial support to cover the costs of the asylum seeker humanitarian crisis.

 

These are urgent needs that support working-class families in New York City, and our administration is asking for your help.

 

But first, I want to thank you for your partnership in Getting Stuff Done for New Yorkers last year. Thanks to your leadership, we will preserve more affordable housing as a result of J-51 benefits; we were able to make substantial investments in our young people’s education; and we were able to defray some of the substantial costs associated with managing the asylum seeker humanitarian crisis.

 

New York City is proud to uphold our legacy as a city of immigrants. And we are proud that we have demonstrated leadership and compassion, when so many others showed only cruelty.

 

Over the past 22 months, we have provided more than 173,900 asylum seekers with food, medical care, and shelter. Of those, we’ve helped more than 107,500 — more than 60 percent — take the next step on the path to self-sufficiency. We have helped tens of thousands file Temporary Protected Status, asylum, and work authorization applications, bringing them one step closer to living a more stable life.

 

However, right now, there are more than 66,200 asylum seekers still in the city’s care. When you add in the 55,000 longtime New Yorkers in the city’s DHS system and well as others, that means we have close to three times the number of people in our shelter system than when we came into office. And it all comes at a great cost to our city.

 

In November, due to the growing asylum seeker humanitarian crisis, sunsetting federal stimulus that was used to support vital programs, and the cost of funding long-ignored labor contracts, we faced a historically large $7.1 billion budget gap.

 

We are legally required to balance Fiscal Years ’24 and ’25 in January. So we developed our financial plan without relying on federal assistance because, after many trips to Washington, D.C., I realized that the federal cavalry was not coming to the rescue. We did not procrastinate.

 

We knew that the faster we made the painful, but necessary, decisions, the faster we could stabilize the city’s finances. We frontloaded our implementation of the plan, which includes multiple rounds of savings through our Plan to Eliminate the Gap, or PEG, a hiring freeze, and a freeze on other-than-personal-services spending, among other things.

 

These decisions proved to be effective, resulting in a record level of $6.6 billion in PEG savings over Fiscal Years ’24 and ’25 — in the November and January Plans.

 

And we accomplished all this without layoffs, raising taxes, or major disruptions to city services.

 

Our savings include $1.7 billion that we achieved by taking steps to manage the cost of providing services for new arrivals by: reducing daily household costs, negotiating and renegotiating rates, and rebidding contracts and shelters run by for‑profit vendors, implementing intensive case management support to help asylum seekers reach their final destinations and leave our care, and transitioning away from a humanitarian relief center model of care to non‑profit service providers.

 

And in January, after a careful review of savings initiatives we implemented in November, we restored funding for critical initiatives protecting public safety, public spaces, and young people.

 

While these actions are important to New Yorkers, they represent less than three percent of the savings we achieved over the two years.

 

But I need to be crystal clear — although we have stabilized our financial situation through hard work and advanced planning, we are not out of the woods. While we appreciate the commitment the governor made last year to cover one-third of the city’s asylum seeker costs, this was based on the premise that the city, the state, and the federal government would split the costs three ways. The federal government has only committed $156 million — the vast majority of which we have yet to receive because of a complicated reimbursement process.

 

Despite our efforts, we cannot assume they will give us any more. While we are deeply grateful for the $1 billion that was appropriated in this year’s state’s budget, the midyear adjustment of nearly $900 million, and the $1.1 billion in shelter costs proposed in in the governor’s Executive Budget, we are still shouldering the largest share of asylum seeker costs.

 

In our budget, we assume that the state will meet its commitment to cover one-third of $10.6 billion in migrant costs over Fiscal Years ’23 through ’25. As of the governor’s Executive Budget, the state’s commitment to the city is just over $3 billion — or roughly 28 percent — which is $400 million short.

 

This, along with $200 million in budget hits like the Distressed Hospitals Fund sales tax intercept and school aid reduction, grows our Fiscal Year ’25 gap by $600 million.

 

New Yorkers are already carrying most of the asylum seeker costs. It is wrong to ask them to do more, and it puts our city in a precarious position. Today, we are asking the state to increase its commitment and cover at least 50 percent of our costs.

 

Next, when it comes to our schools, we strongly support the governor’s four-year extension of mayoral accountability. Mayoral accountability allows us to make much-needed systemic changes quickly, efficiently, and equitably. Under the current system, the buck stops with me, and you’ve seen that.

 

Thanks to mayoral accountability, we have improved reading and math test scores over the last two years, outpacing the state, while closing racial disparities.

 

We also launched New York City Reads, a nation-leading curriculum that teaches our kids the fundamentals of reading. This is more than a curriculum change — it is a reading revolution.

 

New York City Reads is already being implemented in over 90 percent of our early childhood system and across nearly half of our K-5 classes. And just last month, Governor Hochul announced that she is following our model and bringing the science of reading to every school district statewide.

 

Without mayoral accountability, our plan would have encountered months, if not years, of delay, which our families cannot afford.

 

Mayoral accountability allowed us to launch a first-in-the-nation systemwide dyslexia screening program to make sure no child falls through the cracks, launch gifted and talented programs in every neighborhood, and hire full-time mental health professionals for every school.

 

Prior to mayoral accountability, high school graduation rates stagnated at 50 percent — they are now over 80 percent. Again, all of this is possible because of mayoral accountability.

 

For the first time ever, New York City is being led by two people who are the products of our city’s public schools. Chancellor David Banks and I know that our public schools can change lives and produce the leaders of tomorrow. And mayoral accountability will allow us to continue to put that firsthand knowledge into practice.

 

We are also keeping families engaged and at the table to make sure their voices are heard. From regular town halls to parent meetings, Chancellor Banks and I are making sure that we hear directly from the families we are serving. Please let us continue to grow test scores and help our students so they don’t fall backwards without mayoral accountability.

 

In addition to having a good education, every child has to have a safe, clean place to rest their head at night.

 

I know what it feels like to worry about losing your home. As a young man in South Jamaica, Queens, my siblings and I carried trash bags filled with clothes to school, because our mom was worried that we would be forced onto the streets without warning and wouldn’t have a change of clothing. No New Yorker should have to experience that.

 

That is why we have proposed a bold affordable housing agenda. We have already taken steps to combat the housing and affordability crisis. We have financed a record number of new affordable units, housing for the formerly homeless, and supportive homes this past calendar year; connected a record number of New Yorkers to affordable housing; and proposed the most pro-housing reforms in the history of our city’s zoning code with our “City of Yes for Housing Opportunity” plan. But we still need Albany’s help.

 

This session, we are calling for: a new affordable housing tax incentive, a pathway to legalize safe, existing basement and cellar apartments, incentives for office conversions, and lifting the cap on density for new construction.

 

We are also limited in how much more the city can borrow to fund our significant infrastructure needs. If we run out of room to borrow, that limits our ability to build new schools, maintain our roads, and electrify our buildings amid the climate crisis. The governor’s support for increasing the Transitional Finance Authority’s borrowing power to $36 billion is a step in the right direction to build a safer, cleaner New York City.

 

Finally, we agree with Governor Hochul and so many of our elected partners on the importance of keeping New Yorkers safe. But people need to feel safe, too. New Yorkers should not have to worry about crime and their quality of life. And they shouldn’t have to worry about illegal smoke shops selling cannabis to their children.

 

Legal cannabis remains the right choice for our city and our state, but New Yorkers are fed up with these illegal storefronts and their unlawful business practices. We need you to grant us the authority to inspect and permanently shut down these shops. Give us the proper authority, and we will get the job done.

 

To conclude, the governor’s Executive Budget is a good first step in this year’s legislative process. We share many priorities and look forward to working with her administration and the Legislature to achieve these goals and improve lives of New Yorkers now, and for generations to come.

 

Thank you.

New York State General Permit Now Available to Expedite Recovery Efforts After Major Storm Events

 

Logo

The New York State Department of Environmental Conservation (DEC) and the U.S. Army Corps of Engineers (USACE) have issued the first State Programmatic General Permit (NYSPGP-1), which authorizes activities to facilitate the recovery and restoration of damaged properties, projects, aquatic resources, and infrastructure following major storm events.


The NYSPGP-1 ensures critical environmental safeguards and encourages best management practices while agencies work to bring infrastructure back online and retore quality of life for communities quickly and without unnecessary delays. This permit will also help eligible project sponsors and the public obtain Federal Emergency Management Agency (FEMA) reimbursements following specific storm events that are declared federal disasters.

“In times of crisis, governmental agencies must respond quickly and competently to protect lives and property,” DEC Commissioner Basil Seggos said. “That’s why DEC is proud of the collaboration with the U.S. Army Corps of Engineers to help communities and enhance state and federal storm response. This permit is an important tool to help eliminate duplication of effort between federal and state agencies by making the permitting process more efficient for municipalities during extreme storm recovery efforts or emergency declarations.”

“Recent history has emphasized that our agencies need to be quicker and more adaptable during emergency operations. This permit allows us to get people the help they need in a timely and efficient manner,” Lt. Col. Colby Krug, USACE Buffalo District Commander said. “No one agency can do anything alone. Response requires a whole-of-government approach and this expedited permitting is just another example of the federal and state governments working together to provide for the people of New York.”


When activated in response to a widespread storm event, the NYSPGP-1 permit provides one application for the purpose of complying with both agencies' regulations collectively governing discharge of pollutants into fresh waters, rivers, streams, lakes, ponds, and wetlands. This new permit expands each agency’s existing storm response capabilities to ensure environmental approvals necessary for response to widespread storm events are expedited.

 

The NYSPGP-1 will be available for use throughout New York State, except for Long Island, New York City, and portions of Rockland and Westchester counties.

The issued permit is available at: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/2814

For more information about the NYSPGP-1 permit, including application and notification requirements, please visit the DEC’s website. To assist with permits needed for flooding impacts and for a determination on whether proposed work requires a DEC permit or approval, please contact the appropriate DEC region permit administrator (https://dec.ny.gov/permit-administrators).


Justice Department and State of North Carolina Secure $13.5 Million Agreement with First National Bank of Pennsylvania to Resolve Redlining Claims in North Carolina

 

The Justice Department and the State of North Carolina jointly announced that First National Bank of Pennsylvania (FNB) has agreed to pay $13.5 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem, North Carolina. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.

“Lending discrimination violates the law and harms communities and entire families for generations,” said Attorney General Merrick B. Garland. “This settlement will invest $13.5 million in expanding access to credit services for Black and Hispanic neighborhoods in Charlotte and Winston-Salem that for too long have been denied to them. With this settlement, the Justice Department’s Combating Redlining Initiative has now secured over $122 million in relief for communities across the country. But we recognize how much work we have left to do, and we are not letting up in our efforts to combat discrimination in lending wherever it occurs.”

“This agreement will have a transformative impact for Black and Hispanic communities, providing them with new opportunities to become homeowners, bank in their neighborhoods and create generational wealth,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As we take time across the nation to commemorate Black History Month, we must also create space to acknowledge the ongoing harms caused by structural racism and long-term discrimination. Modern-day redlining is a stain on our economy and underscores the need to keep pushing for equal economic opportunity and racial justice in our country. The Justice Department stands ready to hold banks and financial institutions accountable to ensure that communities of color are not shut out of access to mortgage credit due to modern-day redlining.”

“The devastating effects of discriminatory lending that become entrenched in neighborhoods can reverberate through generations,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “The settlement announced today demonstrates our commitment to combating redlining and ensuring the equal access to credit required by law. We will continue our efforts to hold accountable financial institutions that avoid communities of color in their markets or erect barriers that make it harder for minority residents to access credit. Banks and mortgage companies should evaluate their lending practices and take immediate corrective action to reach underserved communities in their market areas.”

“When banks discriminate, it means hardworking people can’t buy a house, start a business, or invest in their futures,” said North Carolina Attorney General Josh Stein. “I want every person who calls North Carolina home to have a fair shot, and I’m pleased that this settlement will create better borrowing opportunities for all North Carolinians.”

The complaint alleges, from 2017 through 2021, FNB, including as successor in interest to Yadkin Bank, which it acquired in 2017, failed to provide mortgage lending services to predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem, and discouraged people seeking credit in those communities from obtaining home loans. FNB’s home mortgage lending was focused disproportionately on white areas of Charlotte and Winston-Salem. For example, other lenders generated applications in predominantly Black and Hispanic neighborhoods at two-and-a-half times the rate of FNB in Charlotte and four times the rate of FNB in Winston-Salem. FNB’s branches in both cities were also overwhelmingly located in predominantly white neighborhoods, with the bank closing its sole branch in a predominantly Black and Hispanic neighborhood in Winston-Salem in 2021.

The complaint further alleges that FNB relied on mortgage loan officers working out of predominantly white areas to generate loan applications and that the bank did not track how its mortgage loan officers developed loan referrals or how they distributed the bank’s mortgage marketing materials.

The Justice Department and the State of North Carolina have resolved their claims via two proposed consent orders, which are both subject to court approval. The consent orders require FNB to invest $13.5 million to increase credit opportunities for communities of color in Charlotte and Winston-Salem. Specifically, FNB will:

  • Invest at least $11.75 million in a loan subsidy fund to increase access to home mortgage, home improvement and home refinance loans for residents of majority-Black and Hispanic neighborhoods in FNB’s Charlotte and Winston-Salem service areas;
  • Spend $1 million on community partnerships to provide services related to credit, consumer financial education, homeownership and foreclosure prevention for residents of predominantly Black and Hispanic neighborhoods in those service areas;
  • Spend $750,000 for advertising, outreach, consumer financial education and credit counseling focused on predominantly Black and Hispanic neighborhoods in those service areas;
  • Open three new branches in predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem (two in Charlotte and one in Winston-Salem), with at least one mortgage banker assigned to each branch; and
  • Hire a director of community lending who will oversee the continued development of lending in communities of color.

FNB also agreed to retain independent consultants to enhance its fair lending program and better meet the communities’ needs for mortgage credit. The bank will conduct a community credit needs assessment, evaluate its fair lending compliance management systems, and conduct staff trainings.

FNB worked cooperatively with the Justice Department and the State of North Carolina to resolve and remedy the redlining concerns that were identified and agreed to settle this matter without contested litigation. During the course of the investigation, FNB established a Special Purpose Credit Program to provide greater access to home loans in communities of color across the seven states where it does business and the District of Columbia.

With assets of over $45 billion, FNB is headquartered in Pennsylvania and operates approximately 350 branches throughout the District of Columbia, Maryland, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia, and West Virginia. It is among the 100 largest banks in the United States.

In October 2021, Attorney General Garland and Assistant Attorney General Clarke launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. Since 2021, the department has announced 12 redlining resolutions and secured over $122 million in relief for communities of color that have been the victims of lending discrimination across the country.

A copy of the joint complaint and information about Justice Department’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the U.S. Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.