Wednesday, July 19, 2023

AS ASYLUM SEEKERS IN CITY’S CARE TOPS 54,800, MAYOR ADAMS ANNOUNCES NEW POLICY TO HELP ASYLUM SEEKERS MOVE FROM SHELTER

 

New York City Mayor Eric Adams today announced additional policies to help asylum seekers in the city’s care move out of shelter and create critically needed space for arriving families with children seeking asylum. The city has made every effort to continue serving the more than 90,000 asylum seekers who have arrived in New York City since last spring, but with an average of 300-500 people still arriving each day, and more than 54,800 migrants still in the city’s care, New York City is at capacity, having responded in the absence of state or federal action. In the coming days, the city will begin providing 60 days’ notice to adult asylum seekers to find alternative housing paired with intensified casework services to help adult asylum seekers explore other housing options and take the next step in their journey. Each asylum seeker given notice will have multiple touchpoints with case workers over their 60 days to discuss their options and plan their next steps. The city also announced new flyers to combat misinformation at the border and inform asylum seekers that the city cannot continue to support the level of service it has been providing.

 

“New York City has done more than any other level of government to address this national crisis, providing shelter, food, services, and much more to more than 90,000 asylum seekers since last spring,” said Mayor Adams. “With more than 54,800 asylum seekers still currently in our care, this effort will intensify adult asylum seekers’ casework services over the next two months to help them take the next step on their journey and ensure we have a bed to place children and families at night. For more than a year now, New York City has responded to this crisis alone — we need our state and federal partners to step up.”

 

“As we continue to tackle this humanitarian crisis, we must devise novel ways of moving people within and through our system to find where they will ultimately settle,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This policy will allow greater flexibility in assisting asylum seekers finding where they may settle here in the city or with loved ones and friends. The city is and will continue to help individuals and families find shelter and connect with services at their initial connection point with us. We must then work together with partners at all levels of government to find options for where people will settle in order to continue relieving the pressure on New York City.”

 

“As New York City continues to rise to the challenge of this humanitarian crisis, NYC Health + Hospitals will continue to do everything we can to help asylum seekers seeking a better life for themselves and their families, but we still need help from state and federal partners,” said Ted Long, MD, MHS, senior vice president, Ambulatory Care and Population Health, NYC Health + Hospitals. “I am proud to be a part of the Adams administration that has provided life-changing support to many tens of thousands of asylum seekers.”

 

“During this humanitarian crisis, New York City has stepped up in a way that no other locality in the country has in support of asylum seekers,” said Mayor’s Office of Immigrant Affairs Manuel Castro. “From the start, we have called on the federal government to develop a fair decompression strategy to ensure asylum seekers find the support they need across the country, and not just rely on any one city. Unfortunately, this has not happened. As we move forward, we continue to call on the federal government to do more. We also call on the federal government to use all their powers to expedite work permits for asylum seekers, including establishing and redesignating Temporary Protection Status for those who arrived in the last year.”

 

This effort will begin in the coming weeks, starting with asylum seekers who have been in the city’s care for a significant amount of time. Asylum seekers will receive their notice of 60 days and intensified casework services on a rolling basis. Adult asylum seekers who do not find alternative housing by the time their 60 days are complete will be required to reapply for a new placement at the arrival center. With the number of families with children in the city’s care continuing to increase, this policy will also create critically needed space for all families with children in need of shelter.

 

Since this humanitarian crisis began, the city has taken fast and urgent action, opening more than 185 emergency shelters, including 13 other large-scale humanitarian relief centers already; standing up navigation centers to connect asylum seekers with critical resources; enrolling thousands of children in public schools through Project Open Arms; announcing the launch of the Asylum Application Help Center to help migrants with their asylum applications; and more. Earlier this spring, the city released “The Road Forward: A Blueprint to Address New York City's Response to the Asylum Seeker Crisis,” detailing how the city will continue to manage the influx of asylum seekers and advocate for support from federal and state partners.


Amazon Agrees to Injunctive Relief and $25 Million Civil Penalty for Alleged Violations of Children’s Privacy Law Relating to Alexa

 

The Justice Department, together with the Federal Trade Commission (FTC), today announced that Amazon.com Inc. and its wholly-owned subsidiary Amazon.com Services LLC (collectively Amazon), have agreed to a permanent injunction and a $25 million civil penalty as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule) and the Federal Trade Commission Act (FTC Act) relating to Amazon’s voice assistant service Alexa. 

Alexa is a proprietary voice-activated service that Amazon provides through its Echo smart speakers, its “Alexa App” mobile application, and other devices and applications. Since May 2018, Amazon’s Alexa-related offerings have included voice-activated products and services directed toward children under 13 years of age. When a user makes a verbal request of an Alexa-enabled device, Amazon saves the voice recording of the request and creates a written transcript of it.

In a complaint filed in the U.S. District Court for the Western District of Washington, the government alleges that, since at least May 2018, Amazon violated the FTC Act, COPPA and the COPPA Rule with respect to Alexa and Alexa’s child-directed offerings. The complaint alleges that Amazon retained children’s voice recordings indefinitely by default, in violation of COPPA’s requirement that these recordings be retained only as long as reasonably necessary to fulfill the purposes for which they were collected. Other alleged violations include making deceptive representations that Alexa app users could delete their or their children’s voice recordings, including audio files and transcripts and their geolocation information, when in fact Amazon on some occasions failed to delete all such information at users’ request. The complaint also alleges that Amazon engaged in unfair privacy practices with respect to Alexa users’ geolocation information and voice recordings, including (in some instances) by failing to honor users’ deletion requests and failing to notify consumers that it had not done so.

The stipulated order entered today by the federal district court requires Amazon to pay $25 million in civil penalties. The order imposes injunctive relief that requires Amazon to identify and delete inactive child profiles (profiles that have not been used for 18 months) unless a parent requests that they be retained. Amazon also will notify parents whose children have accounts of this change to its policies. The order further prohibits Amazon from making misrepresentations about Amazon’s retention, access to or deletion of geolocation information or voice information, including children’s voice information, and mandates deletion of geolocation information, voice information, and children’s personal information upon the request of the user or parent, respectively. Finally, the order requires Amazon to make disclosures to consumers relating to its retention and deletion practices regarding Alexa App geolocation information and voice information.  

“Today’s settlement reflects the department’s dedication to protecting children online,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department and the FTC are committed to working together to ensure that companies do not misrepresent to parents how children’s personal information is handled, retained, or deleted, and do not retain that information for longer than reasonably necessary.”    

“Amazon’s history of misleading parents, keeping children’s recordings indefinitely, and flouting parents’ deletion requests violated COPPA and sacrificed privacy for profits,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “COPPA does not allow companies to keep children’s data forever for any reason, and certainly not to train their algorithms.”

“Parents want and deserve to have control over data related to their young children – this includes recordings of the child’s voice, the child’s location, and the questions the child asks an Alexa device,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “Some may be delighted to have those recordings saved for sentimental reasons – but that needs to be the parent’s choice – not a decision made by Amazon. This settlement requires Amazon to provide notice to parents with ways they can select whether and how that data is retained.”

This matter was handled by Senior Trial Attorney James T. Nelson and Assistant Directors Lisa Hsiao and Rachael Doud of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Kayla Stahman for the Western District of Washington and Elisa Jillson, Andrew Hasty and Julia Horowitz of the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov

Former Venezuelan Official Hugo Armando Carvajal Barrios Extradited To The United States On Narco-Terrorism, Firearms, And Drug Trafficking Charges

 

Carvajal Barrios Allegedly Participated in Large-Scale Drug-Trafficking Activities as a Venezuelan Government Official, Including a 5.6-Ton Cocaine Shipment

 Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced that former Venezuelan official Hugo Armando Carvajal Barrios, a/k/a “El Pollo,” was extradited today from Spain to the United States based on an Indictment filed in the Southern District of New York charging CARVAJAL BARRIOS with narco-terrorism conspiracy, conspiracy to import cocaine into the United States, and related firearms offenses.  CARVAJAL BARRIOS will be presented tomorrow before U.S. Magistrate Judge Stewart D. Aaron.  CARVAJAL BARRIOS was arrested in Spain on September 9, 2021.

U.S. Attorney Damian Williams said: “After many years as a fugitive following a more than decade-long criminal career, Hugo Armando Carvajal Barrios arrived in the United States today to face justice for his alleged crimes, which were committed with the intent to ‘flood’ the United States with tons of potentially deadly drugs.  As alleged, Carvajal Barrios exploited his authority as the director of Venezuela’s military intelligence agency to corrupt Venezuelan institutions, abuse the Venezuelan people, and to import poison to the United States.  His alleged leadership of the Cártel de Los Soles inflicted immeasurable pain and suffering on many Venezuelans, Americans, and others who were affected by the cartel’s violence and drug trafficking activities.  I commend the prosecutors of this Office and our law enforcement partners for their tireless work on this important case.”

DEA Administrator Anne Milgram said: “Corrupt government officials like Carvajal, who allegedly use their position to accept bribes and further drug trafficking activities, should be held accountable to the fullest extent of the law.  As alleged, Carvajal abandoned his responsibility to the people of Venezuela and exploited his position for personal gain.  DEA and our partners stand united to bring to justice anyone, in any position, who endangers the safety and health of the American people.”

According to the allegations contained in the Indictments, other court filings, and statements made during court proceedings:1

Beginning in at least 1999, CARVAJAL BARRIOS, a Venezuelan citizen and the former director of Venezuela’s military intelligence agency, which was known as the Dirección de Inteligencia Militar (“DIM”), along with other high-ranking Venezuelan officials, acted as leaders and managers of the Cártel de Los Soles, or “Cartel of the Suns.”  The Cartel’s name refers to the sun insignias affixed to the uniforms of high-ranking Venezuelan military officials.  CARVAJAL BARRIOS and other Cartel members abused the Venezuelan people and corrupted the legitimate institutions of Venezuela — including parts of the military, intelligence apparatus, legislature, and judiciary — to facilitate the importation of tons of cocaine into the United States.  The Cártel de Los Soles sought not only to enrich its members and enhance their power but also to “flood” the United States with cocaine and inflict the drug’s harmful and addictive effects on users in the United States.  To accomplish these goals, the leaders of the Cártel de Los Soles partnered with leaders of the Fuerzas Armadas Revolucionarias de Colombia (“FARC”), who controlled cocaine production in vast areas of Colombia and Venezuela.

CARVAJAL BARRIOS held multiple positions of public trust in Venezuela that he exploited to benefit the Cártel de Los Soles, including as director of DIM between approximately 2004 and 2011.  CARVAJAL BARRIOS took advantage of that position to illegally traffic narcotics and support his drug trafficking partners, the FARC.  In or about 2006, for example, CARVAJAL BARRIOS coordinated with other members of the Cártel de Los Soles to dispatch a 5.6-ton cocaine shipment from Venezuela on a private jet bearing a United States registration number.  The jet departed Venezuela and landed in Mexico, where Mexican authorities seized the 5.6 tons of cocaine upon arrival.  In or about 2008, CARVAJAL BARRIOS attended a meeting with a FARC representative at which it was agreed that the Cártel de Los Soles would provide the FARC with cash and weapons in exchange for increased cocaine production.

CARVAJAL BARRIOS, 63, a Venezuelan national, is charged with: (i) participating in a narco-terrorism conspiracy, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison; (ii) conspiring to import cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; (iii) using, carrying, and possessing machineguns and destructive devices in connection with the narco-terrorism and cocaine importation conspiracies, which carries a mandatory minimum sentence of 30 years in prison and a maximum sentence of life in prison; and (iv) conspiring to use, carry, and possess machineguns and destructive devices in connection with the narco-terrorism and cocaine importation conspiracies, which carries a maximum sentence of life in prison.

The mandatory minimum and maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, Miami Field Division, and Madrid Country Office; Homeland Security Investigations; the U.S. Treasury Department, Office of Foreign Assets Control; the Counterterrorism Section of the Department of Justice’s National Security Division; and the U.S. Attorney’s Office for the Southern District of Florida.  The Department of Justice’s Office of International Affairs and U.S. Embassy Madrid worked with law enforcement partners in Spain, including the Spanish National Police, Spain’s Antidrug Special Prosecutor’s Office, Spain’s Ministry of Justice, and Spain’s Ministry of Interior, to secure the arrest and extradition of CARVAJAL BARRIOS.

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

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

Governor Hochul Announces New Executive Action on Housing Crisis to Increase Supply, Create Affordable Housing, and Promote Broader Housing Growth

Executive Actions to Promote Housing Growth 

Governor Hochul: "In my vision over the next decade, we'll witness a transformation that has always been talked about, dreamed of, always achievable, and it was put in motion years ago by then Brooklyn Borough President Eric Adams and Councilmember Brad Lander who believed in this so much - and how disappointed they were to see this sidetracked after they put all this energy into it. And all that was stymied until now. And now we're going to finally unlock the full potential of this incredible neighborhood."

Hochul: "I will not wait, this neighborhood will not wait, and the State of New York will not wait. So, I'm going to do everything I can within my powers, using every tool I can find, the ones I'm announcing today and the ones we haven't even thought of yet. We're going to jumpstart housing now. And any legislator who wants to be a part of the solution, who shares this vision and this sense of urgency, I believe you'll be rewarded by your constituents because they want you to step up on their behalf."

 Earlier today, Governor Kathy Hochul announced several executive actions to promote housing growth as part of her ongoing commitment to addressing New York's housing crisis, largely driven by a severe housing shortage. The actions include a program to advance residential projects halted by the expiration of 421-A that include affordable housing in the Gowanus neighborhood in Brooklyn; an executive order establishing preference in certain discretionary funding programs for localities across the state that comply with a new "Pro-Housing Community" certification process; a new requirement that all State entities identify the potential for their state-owned lands to support housing; recent and forthcoming regulatory initiatives to identify opportunities for greater efficiencies to promote housing growth; and the launch of the beta version of a new, interactive portal to collect and share community-level housing and zoning data and information on an ongoing basis.    

I am so excited to make a major announcement that's going to affect not just where we are today, but communities all across the State of New York. And I'm going to outline a series of executive actions that are necessary to jumpstart housing growth, including a new program that'll create thousands of houses and homes for people right here in Gowanus.  

That's why today is so significant. And you'll remember that earlier this year, I submitted a bold plan to address New York's housing shortage. It is not just a shortage, it is a crisis. That has become one of the number one reasons people leave our state, because we ask them, literally heard today as I was driving here, someone who works with my husband said, "I couldn't find a place in New York. I love New York, but I have to go to Connecticut." I don't want to hear that anymore. I don't want to hear that. Because people do want to be here, but we've not kept up with the need for building housing for decades, and we're going to address that starting here today.   

We announced this bold plan. The legislature was not ready for it and would not commit at the time to the transformative change that New Yorkers so desperately need and deserve.  

But I still believe that we need a comprehensive solution to meet the scale of this housing crisis. And we're still pursuing it. We're still going to make progress, but that does not mean that we have to freeze in time trapped by inertia, and anyone knows how I'm hardwired. That's not how I work. We will wait no longer. We press on because New Yorkers need houses built now. And we're going to start driving down the cost because guess what? It is basic supply and demand. You build more housing, the prices drop, and we have not been building, and the prices are going up and it's hurting our residents. So that's what we're talking about.  

And as a governor, I'm going use all the tools that are at my disposal, starting right here in Gowanus. And as I mentioned, The Powerhouse is part of a bigger evolution going on here. The city, and I praise the leaders who saw the vision here have rezoned back in 2021, over 80 blocks. That is a new start in life, and that'll clear the way for infrastructure improvements in waterfront parks in more than 8,500 housing units.  

But all those great plans, that great vision were stopped dead in their tracks. And now too many people are worried, worried that the housing projects will be scrapped for good.  

When the State legislature let the 421-A tax incentive program expire, it effectively killed thousands of housing units right in this neighborhood, and they brought all this great momentum, all this energy, all this excitement to a screeching halt.  

We're not going to let that happen any longer. Not on my watch. So, today we're going to launch a series of measures to bring these projects back to life. And for Gowanus, in this rezoned area, the projects that qualified for 421-A under the deadline, we're going to have a program that mirrors the same incentives that the legislature stopped in both the benefits and in the requirements. It'll ensure that the housing units will finally get built in this neighborhood, so that'd be 7,500 new units on top of 1,000 permanently affordable housing units, and many of them will be affordable.  

People want to live here. Think about the first-year teacher, they don't make great salaries. They want to live in the community where they're teaching. Someone who is a brand-new police officer, firefighter, they're just starting out. They don't have big salaries. There are artists, our custodians, our janitors, our building superintendents, anybody know any of them? Thought you did? And to qualify, the products have to have at least 50 units. Let's go bigger. And those that are designated affordable must remain affordable. This will not change.  

In my vision over the next decade, we'll witness a transformation that has always been talked about, dreamed of, always achievable, and it was put in motion years ago by then, Brooklyn Borough President Eric Adams, and Councilmember Brad Lander, who believed in this so much and how disappointed they were to see this sidetracked after they put all this energy into it. And all that was stymied until now. And now we're going to finally unlock the full potential of this incredible neighborhood.  

It's not just about Gowanus. We'll get Gowanus underway. It's all about the entire State of New York. It's about encouraging housing production from Brookhaven to Brooklyn to Buffalo. And this is the possibility that lies right before us. But how are we going to get started? First of all, it's one step at a time. One step at a time. And I'll be signing an Executive Order that'll now prioritize over $650 million in State discretionary funds. And instead of just giving it out to people, communities that apply, we are now going to be targeting that toward pro-housing communities. That is going to be signed in an Executive Order. We're changing how we're going to do business, and we're sending a very simple message that communities that do their part to build housing will get priority for funding over those who will not. How do you like that?  

So, here's how it's going to work. Our Commissioner, we talked about this as we were coming down from Orange County, literally just drove in after trying to provide assistance for a thousand homeowners that were devastated with last week's flood. So, we've been on the road a little bit. She'll be releasing criteria that'll define what a pro-housing community should be, and all those communities will have to sign commitments. They'll have to pass resolutions that are binding them by law, and they will have to demonstrate how they will take concrete steps to support more housing. And things like streamlining permits and adopting rezonings like we've done right here. Because a lot of communities, they all could do this, and they just won't. That's part of our problem statewide.  

So also, we're going to require communities to share data, share their housing and growth and zoning data so we can identify and track their progress. Don't just tell me you're going to do it. I'm going to check up on you and make sure it gets done. So very simply, towns and cities and communities will have priority over those who do not.  

Now, what are we looking for? The same growth targets we talked about before. Let's talk about three years. I don't think it's asking too much to have three percent growth over three years. If you do the math, that's one percent a year. It's not that much. It's doable. Upstate communities, one percent. And pro-housing communities will get special consideration for major state initiatives like the Downtown Revitalization Initiative, the New York Forward Program, the Regional Council Capital Fund, the New York Main Street Program, the New York Market Grants, the Long Island Momentum Fund, the Mid-Hudson Momentum Fund, the Public Transportation Fund.  

We have identified, because I said, go through our entire budget and find all the programs that right now we're just saying, okay, you qualify, you get it. This is how we drive change. If you want to participate and get this assistance from the state for all these great programs, you're going to have to demonstrate to us that you're fulfilling our desire, our need, our sense of urgency around building housing. I think that's going to work. And if you don't support more housing, you're just going to have a harder time accessing those funding streams.  

So, we're committed. We are committed to making this happen, making progress. So, in addition to today's executive order, I'm also signing another one that's calling on all of our state agencies, and I am looking everywhere, identifying all the abandoned, reusable, vacant properties that we can repurpose for housing. I don't have to wait for anybody else. This state has a lot of land. A lot of spaces that people would look at, go by, like they never envision a community there or housing. Whereas I do. I look at properties very differently. I see life, I see families, I see small businesses. And for example, we already have RFPs out for the former Downstate Correctional Facility at Fishkill, the Javits Center.  

We just announced Site K is now available. Bring out the plans, bring out your vision for these, and it's going to include housing and there's many, many more sites that come. That's how we're going to spend the next few weeks identifying sites all over the state. And I'm directing all state and public authorities to take housing into account when they're adopting their policies and making sure that they're not doing anything in conflict with building more housing.  

And so, when you build housing, sometimes we get a lot of complaints. Well, the regulations are just so burdensome and so onerous, it's just not worth it. Now, we're going to always make sure we protect public health and safety. Full stop. But I'm asking the DEC and Department of State to just - can you streamline a little bit? Do we have to really be the toughest state for doing all this? It's not necessary. And we can strike the right balance between promoting growth and protecting the environment and protecting the integrity of our communities. I know we can.  

So also, we're going to be doubling down on data. Again, how do we measure success? Don't just tell me you're doing it. I want proof. So, the more work we do on this, the more the public will be engaged. They'll see our progress and access to that data is critical. So, we're announcing a housing data dashboard where you can follow the progress in your hometown or across the state or anywhere you care to. We'll track housing growth and zoning trends across the state. Again, zoning is everything. We would not be here today if there was not a rezoning because the intended use for land a century ago, 50 years ago, 30 years ago, you know, life changes, right? Needs change, communities change, and you have to constantly be evolving and push yourselves.  

And I spent 14 years in as a councilmember myself. I know a lot about zoning. And sometimes it's resisted because people say, "Well, we've always done it this way. You know, change is sometimes scary." Change unlocks the greatest potential in all of us and in our communities. We can no longer let zoning hold that back. The current zoning or the zoning that's intended sometimes to keep people out because we're better than that.  

So, I'm excited about these possibilities and I'm going to have a dashboard that's going to monitor zoning in this state. And are we making progress and opening up? And finally, I'll continue on the listening tour that I started. I sat down with Republican supervisors 10 from Long Island a few months ago. I sat down with people in Westchester and businesses, I sat down with people in the City, I sat down people in Brooklyn. I talked to anybody. I'm more than talking, I like to listen. So, I'm going to listen to people, but don't just tell me what you don't like, because that goes to my bad ear. My dad always said, "That's my bad ear. I can't hear you." If you want to get my good ear, tell me how you want to be part of solving the problem. Tell me your ideas and how we can work together. And I'll continue engaging the local partners, even in some of the communities that didn't think they were going to be sitting down with me, I'll be there. I'll show up because doing nothing is not an option any longer.  

And I want support from the local elected officials and the advocates. I need the advocates on my side. I need labor on my side to build the momentum as we head into the next legislative session. And I'm grateful to have partners like Senator Gounardes who don't need to be led to the right conclusion because he knows, he understands what housing means to people - to have the dignity of a home that's yours. Maybe it's that first apartment, just you feel so proud, you finally get out. You got a little paycheck, you have an apartment. And maybe someday you're thinking about, "Gosh, can I ever own something?"  

My parents used to live in a trailer park. You know, they came a long way. There was always a progression of their success, because then when I came, a year later, my brother lived in a little trailer park. I came a year later, we lived in an upstairs flat, you know, just tiny, right next to the steel plant. The pollution was everywhere.  

And then the little Cape Cod. And then just throughout life, my parents' success was measured in how much space they could put their family of eight in. At first it was really tight. I want that for everybody. That wasn't just for me, the granddaughter of poor immigrants. That's for our immigrants who are arriving today, people who have been here a long time. It's for families. They deserve that. Small businesses and our teachers and retail workers and construction, and - these are the people who make our communities have the identity they have. They shouldn't be going to other states because they don't have a place to live here.  

I don't want them to take their talents elsewhere. And those other states are wide open. They're building just across the river. They're building more and they're saying, "Come here. Come here. You can afford it." I'm going to stop that. I want us to be more affordable so we can be the great state we were intended to be.  

So, in the meantime, I'm moving forward. I'm not waiting any longer. I'm not the type to throw up my hands and say, "Okay, we'll just, we didn't get everything we wanted last time. We'll see you next year, legislature." It's a long way off. Too much time is wasting. That's why we're here today in the summer, because as I said, people deserve more than that.  

I will not wait, this neighborhood will not wait, and the State of New York will not wait. So, I'm going to do everything I can within my powers, using every tool I can find, the ones I'm announcing today and the ones we haven't even thought of yet. We're going to jumpstart housing now. And any legislator who wants to be a part of the solution, who shares this vision and this sense of urgency, I believe you'll be rewarded by your constituents because they want you to step up on their behalf. 

Because at the end of the day, what kind of state do you want to be? That's what this comes down to. A state where young people can launch their careers, who want to launch their careers, can't even find a studio apartment. We want to be that kind of place? No. A place where the dream of home ownership is so elusive, you don't even think about it anymore. It's just, "Maybe my next life." A state where kids are born and raised in a neighborhood, they want to raise their kids so they can be close to grandparents and they have to say, "I'm sorry, we have to leave." We know we don't want that. So, what are we prepared to do about it?  

If we don't step up now and start taking bold action, who will? Who will? It was written that no governor has taken on housing since Nelson Rockefeller. You know why? Because it gets a little hot in the kitchen sometimes, right? Yeah, I've been burned, but I'm still here. It's alright. Give and take, you build, you try again, you go another path.  

I can promise you this: as long as I'm the governor, I'm going to focus every single day on making New York State more desirable, more livable, and more affordable because the future rewards those who persevere. All of us are part of this movement. And on housing, that's exactly what I'm going to do.  

Thank you very much for your support. Thank you. Go forth and talk about how we are changing the world, starting right here in Gowanus. Thank you very much. I want to invite someone up, our great Senator Andrew Gounardes, who has been a champion for this project, so thank you everyone.  


MAYOR ADAMS, CHANCELLOR BANKS LAY OUT COMPREHENSIVE SPECIAL EDUCATION IMPROVEMENTS TO TAKE EFFECT FOR NYC PUBLIC SCHOOLS

 

Negotiated Agreement Provides Comprehensive Blueprint for DOE’s Strong Commitment to Ensuring Compliance in Resolution of 20-Year Old Class Action Case

 

Demonstrates Adams Administration’s Determination to Improve School Experience for Students With Disabilities and Families


New York City Mayor Eric Adams and New York City Department of Education (DOE) Chancellor David C. Banks today announced that the DOE has reached an agreement in a 20-year old court case to provide equitable, comprehensive, and timely support to students with disabilities and their families who have chosen to exercise their due process rights. Today’s agreement stems from the 2003 class action lawsuit LV et.al vs. NYC DOE class action lawsuit, and displays the Adams administration’s commitment to collaborating on initiatives that will honor the experiences of students with disabilities and their families. The original case was filed by parents of children with disabilities who voiced concerns that the DOE was not implementing impartial hearing orders issued in their favor in a timely manner.

 

The negotiated agreement contains 40 requirements proposed by a court-appointed special master that the DOE must meet to improve services for students and their families. The final agreement represents months of work and collaboration between the DOE, the plaintiffs, the special master, and the court to improve the implementation of Impartial Hearing Orders.

 

“As a student, it was difficult to navigate the public school system without the support I deserved, and too often, students with disabilities have struggled in a system that wasn't fully able to meet them where they are,” said Mayor Adams. “Today’s announcement is a step in the right direction for both New York City’s public school students and their families. Together, with all those involved, the DOE is building on the foundation this administration is setting to support students with disabilities and reimaging special education in public schools.”

 “For too long, the Department of Education has not done enough for our students with disabilities and their families. Our families have long deserved a transparent and responsive process for receiving much needed services for their children, and we are proud to continue our efforts to make this a more family-oriented process,” said Chancellor Banks. “The 40 requirements developed by Special Master David Irwin, in collaboration with DOE and plaintiffs, and memorialized today in Judge Preska’s order, are the result of tireless work and collaboration with our general counsel and key DOE leaders who ensured the special master had unfettered access and deep engagement with necessary staff to truly understand the profound challenges that make this work complex and difficult. The new requirements are stringent because we, too, believe that change is long overdue. While case volume and challenges increased over the past decade, we are moving aggressively to set a new course.”

 “The court’s signing of this order represents a key milestone in this decades-old case and sets forth a roadmap for lasting reforms that will benefit thousands of students,” said New York City Corporation Counsel Sylvia O. Hinds-Radix. “I thank Judge Preska for her steady oversight of this longstanding matter. I commend the chancellor for his leadership and the entire DOE team for working collaboratively with the special master to develop this thoughtful and comprehensive plan.”

 

A Blueprint for Change

 

There are 40 obligations outlined by the special master with implementation timelines ranging between 45 days to 18 months from the date of the order, including requirements for reporting on progress.

 

Key points from the court order include:

  1. Development of a family-centered customer support plan for the Implementation Unit.
  2. Identification of key performance indicators for monitoring the administrative workflows of the Implementation Unit, in collaboration with the special master.
  3. Redesign of workflows to address key pain points around the implementation of payment orders and service orders.
  4. Building and maintaining a toolkit of existing assistive technology, schools, programs, and services.
  5. Research and design of a web-based interface for impartial hearing officers.
  6. Formalization of an approach to sustain knowledge of implementation processes.
  7. Establishment of a file-sharing process and tool to improve transparency of all documentation presented at the hearing.
  8. Assessment and implementation of a solution to support the submission and immediate approval of timesheets.
  9. Development of a clear procedure by the Implementation Unit to inform schools and Committees on Special Education of an ordered Individualized Education Programs (IEP) meeting.

 Building on This Administration's Commitment to Students with Disabilities

 

The Adams administration’s unyielding commitment to scaling and sustaining special education programs with track records of success was celebrated during the 2022-2023 school year with the citywide expansion of four programs: Sensory Exploration, Education & Discovery (SEED); Autism Spectrum Disorders (ASD); Nest and Horizon; and Path Programs. This $205 million investment supported the creation of 70 additional SEED programs, 15 new ASD Nest and Horizon programs, and seven Path classrooms. This also includes a new paid internship opportunity for high school students with IEPs to work in the SEED sensory gyms.

 

A historic investment was also made in early childhood special education, earmarking $130 million for providers over two years. This investment guaranteed an early childhood special education seat for every child living with a disability by spring 2023, lengthened the school day to align with general education early childhood programs, and provided additional benefits to providers, including professional development opportunities, increases in salary to accommodate a lengthened school day, and to create pay parity among providers to match their general education peers.

 

This administration also recognizes the importance of access to extracurricular programming for young people. During the 2022-2023 school year, DOE launched a partnership with Special Olympics New York to create new standalone and unified basketball, bocce ball, and track & field teams, increasing access to sports for over 2,000 students in District 75 schools.

 

Lastly, a new Special Education Advisory Council was formed in December 2022 to identify existing gaps in instruction and programming, and share recommendations regarding priority investments in programs and services for students with disabilities. This council has 50 members and is comprised of parents, caregivers, local community leaders, university partners, advocates, students, alumni, educators, and experts in the special education field.


Justice Department And FTC Seek Comment on Draft Merger Guidelines

 

Proposed Guidelines Would Address the Many Ways Mergers Can Weaken Competition, Harming Consumers, Workers and Businesses

The Justice Department and the Federal Trade Commission (FTC) are releasing a draft update of the Merger Guidelines (Draft Guidelines), which describe and guide the agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws. The goal of this update is to better reflect how the agencies determine a merger’s effect on competition in the modern economy and evaluate proposed mergers under the law. Both agencies encourage the public to review the draft and provide feedback through a public comment period that will last 60 days.

“Unchecked consolidation threatens the free and fair markets upon which our economy is based,” said Attorney General Merrick B. Garland. “These updated Merger Guidelines respond to modern market realities and will enable the Justice Department to transparently and effectively protect the American people from the damage that anticompetitive mergers cause.”

“Competitive markets and economic opportunity go hand in hand. Today, we are issuing draft guidelines that are faithful to the law, which prevents mergers that threaten competition or tend to create monopolies. As markets and commercial realities change, it is vital that we adapt our law enforcement tools to keep pace so that we can protect competition in a manner that reflects the intricacies of our modern economy. Simply put, competition today looks different than it did 50 — or even 15 — years ago,” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “There will be a substantial process for the public to review and provide comments before we finalize these guidelines.”

“Open, competitive, resilient markets have been a bedrock of America’s economic success and dynamism throughout our nation’s history. Faithful and vigorous enforcement of the antitrust laws is key to maintaining that success,” said FTC Chair Lina M. Khan. “With these draft Merger Guidelines, we are updating our enforcement manual to reflect the realities of how firms do business in the modern economy. Informed by thousands of public comments — spanning healthcare workers, farmers, patient advocates, musicians, and entrepreneurs — these guidelines contain critical updates while ensuring fidelity to the mandate Congress has given us and the legal precedent on the books.”

The Justice Department and FTC protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued and revised Merger Guidelines to enhance transparency and promote awareness of how the agencies carry out that charge with respect to mergers and acquisitions.

The Draft Guidelines build upon, expand, and clarify frameworks set out in previous versions. At the outset, the Guidelines give an overview of 13 principles, or “guidelines,” that the agencies may use when determining whether a merger is unlawfully anticompetitive under the antitrust laws. These guidelines are not mutually exclusive, and a given merger may implicate multiple guidelines. The document then describes in greater depth the frameworks and tools that may be used when analyzing a merger with respect to each guideline.

The 13 Guidelines are:

  • Mergers should not significantly increase concentration in highly concentrated markets;
  • Mergers should not eliminate substantial competition between firms;
  • Mergers should not increase the risk of coordination;
  • Mergers should not eliminate a potential entrant in a concentrated market;
  • Mergers should not substantially lessen competition by creating a firm that controls products or services that its rivals may use to compete;
  • Vertical mergers should not create market structures that foreclose competition;
  • Mergers should not entrench or extend a dominant position;
  • Mergers should not further a trend toward concentration;
  • When a merger is part of a series of multiple acquisitions, the agencies may examine the whole series;
  • When a merger involves a multi-sided platform, the agencies examine competition between platforms, on a platform, or to displace a platform;
  • When a merger involves competing buyers, the agencies examine whether it may substantially lessen competition for workers or other sellers;
  • When an acquisition involves partial ownership or minority interests, the agencies examine its impact on competition; and
  • Mergers should not otherwise substantially lessen competition or tend to create a monopoly;

The agencies have amended the Merger Guidelines several times since the first Merger Guidelines were released in 1968, including in 1982, 1984, 1992, 1997, 2010, and 2020. In January 2022, the agencies announced a broad initiative to evaluate potential updates and revisions to the Horizontal Merger Guidelines, issued in 2010, and the Vertical Merger Guidelines issued in 2020.

Following a public comment period, which included a request for information, more than 5,000 members of the public — including consumers, workers, state attorneys general, academics, businesses, trade associations, practitioners, and entrepreneurs — contributed feedback. The agencies also conducted four listening sessions that highlighted the potential for mergers and acquisitions to undermine open, vibrant, and competitive markets in industries ranging from food and agriculture to health care.

In revising the Merger Guidelines, the agencies focused on three core goals. First, the Draft Guidelines should reflect the law as written by Congress and interpreted by the highest courts. The Guidelines are built around statutory text and relevant case precedent, citing cases in order to clarify the connection between the law and the analytic frameworks described. The Draft Guidelines also make clear that they are not a substitute for the law itself, and do not create new rights or obligations. Second, the Draft Guidelines should be accessible, increasing transparency and awareness. Third, the Draft Guidelines should provide frameworks that reflect the realities of our modern economy and the best of modern economics and other analytical tools.

The public is invited to provide comments to the Draft Guidelines at www.regulations.gov/docket/FTC-2023-004 for a period of 60 days. The deadline is Sept. 18. The agencies will use the public comments to evaluate and update the draft before finalizing the Guidelines. For a detailed fact sheet on the Draft Guidelines, please visit www.justice.gov/atr/d9/2023-draft-merger-guidelines.

NYC Comptroller Lander Presses Bank of America Board to Initiate Compensation Clawbacks After Revelation of Junk Fees

 

In letter to board of directors, Comptroller also condemns misuse of sensitive information and withholding credit card rewards

Today, New York City Comptroller Brad Lander urged Bank of America (BofA) to initiate a clawback of executive compensation after new revelations of egregious junk fees, misuse of sensitive information and the withholding of credit card rewards. In a new letter to the Board of Directors, including Compensational and Human Capital Committee Chair Monica C. Lozano, Lander pressed the bank to promptly disclose the details of the clawback decisions, along with the findings of any internal investigations supporting such determinations.

Last week, BofA agreed to pay customers more than $100 million and pay $150 million in penalties to the Consumer Financial Protection Bureau (CFPB) and Office of the Comptroller of the Currency (OCC) for myriad violations and illegal activity. BofA’s actions included double-dipping on fees to customers with insufficient funds in their account, withholding credit card reward bonuses and opening accounts for customers without explicit authorization using their personal, sensitive information.

“With New Yorkers trusting them to protect their life savings, banks must be held responsible for their actions and engagement with consumers,” said New York City Comptroller Brad Lander. “Instituting a clawback of incentive compensation is a critical accountability measure, and the onus is on the Board of Bank of America to re-establish clear expectations of ethical conduct and responsible business practices.”

The letter specifically urges the Compensation and Human Capital Committee and the Board to disclose the following:

  • The details of any compensation clawed back from any senior executive, including the executive’s maximum compensation that was eligible for recoupment;
  • The general circumstances of any compensation clawed back from lower-level employees, including the number of employees and aggregate compensation clawed back by individual business unit or location; and
  • The reports from all internal Board or company investigations relied upon by the Compensation and Human Capital Committee to reach its clawback determinations.

Comptroller Lander serves as the investment advisor to, and custodian and trustee of, the New York City Retirement Systems (NYCRS), which is responsible for the retirement security of nearly 800,000 public sector workers and retirees and has $250 billion in assets under management. As of May 31, 2023, the Systems hold more than 10.5 million shares in the bank, valued at more than $300 million.

Relevant Links


Governor Hochul Announces Request for Proposals for the Purchase and Redevelopment of Downstate Correctional Facility

 Concertina wire and fencing top the tall stone wall of a prison

RFP Places Strong Emphasis on Housing, With a Range of Unit Sizes and Affordability Levels

Also Announces Progress Toward Redeveloping Livingston Correctional Facility as Livingston County Industrial Development Agency Secures Necessary Approvals for Land Transfer

Aligns With Governor’s Ongoing Effort to Identify State-Owned Sites for Potential Residential Uses

 Governor Kathy Hochul today announced that Empire State Development, in partnership with the Office of General Services and Department of Corrections and Community Supervision, has issued a Request for Proposals for the former Downstate Correctional Facility located in Fishkill, Dutchess County. This Request for Proposals advances recommendations made by the Prison Redevelopment Commission and builds on first-in-the-nation strategic efforts to reimagine former prison sites from an economic development focus as prison populations shrink and prisons close. The Request for Proposals is also a part of the Governor’s ongoing effort to identify state-owned sites for potential residential uses to increase the State’s housing supply in light of the housing crisis.

“The formation of the Prison Redevelopment Commission, announced nearly one year ago, was the first comprehensive analysis in the United States for the reuse and redevelopment of New York’s closed facilities,” Governor Hochul said. “The Commission compiled thoughtful, realistic information and recommendations that considered input from both experts and community stakeholders, and we are hitting the ground running and taking major steps to move these recommendations forward in ways that will give impacted communities a voice on the future of these closed sites.”

Governor Hochul also announced that Empire State Development has secured necessary approvals for the transfer of Livingston Correctional Facility to the Livingston County Industrial Development Agency, advancing another key recommendation from the Prison Redevelopment Commission’s 2022 Unlocking Opportunity report.

Request for Proposals to Redevelop Downstate Correctional Facility
The primary development objective for the redevelopment of the Downstate Correctional Facility is to maximize benefits to the surrounding community and region while prioritizing housing. Following the Governor’s directive and in accordance with recommendations from the Unlocking Opportunity report, the Request for Proposals (RFP) places a strong emphasis on housing in a mix of unit sizes and affordability ranges and makes up to $8 million in incentives available to eligible respondents to address remediation and demolition costs. View RFP here.

The former maximum-security site covers approximately 80 acres of land, 50 of which are within the perimeter security and 30 of which are outside. There are 34 buildings on the property, totaling 558,000 square feet. The site is located in the Town of Fishkill and is adjacent to the City of Beacon. It is approximately 70 miles north of New York City and approximately 95 miles south of Albany.

Fishkill, positioned along the Hudson River, has a rich history as a strategic north-south passageway. Today, the town is primarily composed of residential neighborhoods but has several commercial hubs. The town has also seen a surge in technology and advanced manufacturing companies in recent years. GlobalFoundries, a multinational semiconductor manufacturing and design company, opened a facility in a former IBM office in East Fishkill in 2015. In addition, Dutchess Stadium, which has a seating capacity of 4,500 and is home to the Hudson Valley Renegades minor league baseball team, is in West Fishkill, just a mile southwest of the site.

The site is also proximate to several higher education institutions, including SUNY Orange, SUNY New Paltz, SUNY Ulster, Vassar College, Dutchess Community College, the Culinary Institute of America, and United States Military Academy (West Point).

Proposals must be received by ESD via DropBox by August 23, 2023, at 2 p.m. Potential Respondents may also attend a site tour that is anticipated to be scheduled on or around August 2, 2023. Please RSVP to DownstateCFacilityRFP23@esd.ny.gov by July 31, 2023, at 5 p.m.

Livingston Correctional Facility
Additionally, the ESD Board of Directors and the Public Authorities Control Board have authorized ESD to advance the process to transfer the shuttered Livingston Correctional Facility to the Livingston County Industrial Development Authority. Once this transfer is complete, Livingston County would begin developing the site with job creating economic activity in the southern end of Livingston County, bringing a site previously costing the state money back on the local tax rolls. This would be the first completed transfer of a site studied by the Prison Redevelopment Commission for economic development purposes.

Prison Redevelopment Commission
In May 2022, Governor Hochul convened the Prison Redevelopment Commission, comprised of leading experts in the community and economic development, real estate, criminal justice reform, and government sectors, to address vacant and blighted prison facilities and develop a set of recommendations for creative uses. The Commission issued its findings, including 13 recommendations to facilitate the redevelopment of closed prisons, in the Unlocking Opportunity report in December.

ESD, in partnership with DOCCS and OGS, is working to advance recommendations from the report. Since the report was issued, razor wire has been removed on time and under budget from the Mt. McGregor, Willard and Ogdensburg facilities. The removal of this wire will make the sites more conducive to redevelopment and cut a considerable expense out of future redevelopment costs.

Furthermore, at the recommendation of the Prison Redevelopment Commission, four sites have been “kept warm.” These sites include Willard, Moriah, Ogdensburg, and Livingston. This practice preserves the on-site buildings and infrastructure between the time of closure and redevelopment, reducing the costs associated with future renovation or demolition of deteriorating buildings.