No. 202.20: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

No. 202.20

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws

Relating to the Disaster Emergency 

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and 

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to be continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through May 18, 2020 the following: 

• Section 13 of the Domestic Relations Law, to the extent necessary to permit those persons to whom marriage licenses were issued but shall expire within the period of time that New York State residents are to maintain distance between each other, to waive the 60 days required to obtain a marriage license during the period of time that there exists a declared emergency in New York State; and 

• Section 15 of the Domestic Relations Law, to the extent necessary to permit those persons who were unable to marry within the time frame issued on the marriage license, waive the fees necessary to obtain a second marriage license, if necessary, mirroring the original marriage license that was obtained during the period of time a declared emergency existed in New York State. 

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through May 18, 2020: 

• Any issuance of a marriage license application, marriage license, or witnessing or solemnizing of the marriage ceremony, that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: The couple seeking the marriage services, must present valid photo ID to verify identity whenever required by law the during the video conference, not merely transmit it prior to or after; the video conference must allow for direct interaction between the couple and the town or city clerk, the witness or the person to solemnize the marriage (e.g. no pre-recorded videos of the person signing or engaged in the marriage ceremony); the couple must affirmatively represent that he or she is physically situated in the jurisdiction where the marriage is legally allowed to occur, within the State of New York; the couple must transmit by fax or electronic means a legible copy of the signed document directly to the town or city clerk, the witnesses, the person to solemnize the marriage on the same date it was signed; the town or city clerk, witness or person who solemnizes the marriage may sign the transmitted copy of the document and transmit the same back to the person responsible for the document by law; to the extent practicable, all parties will use their best efforts to ensure the document is transmitted in the most confidential manner and information will not be released to any third party not associated with the marriage license and marriage ceremony; and the electronic signed copy of the marriage license application or marriage license will become the official document for purposes of Domestic Relations Law. Local town and city clerks may provide guidance related to how marriage licensure applications and issuance will be implemented in their jurisdictions.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this eighteenth day of April in the year two thousand twenty. 

BY THE GOVERNOR       

  

Secretary to the Governor

No. 202.19: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

No. 202.19

E X E C U T I V E  O R D E R

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to be continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through May 17, 2020 the following:

• Subdivision one of Section 860-b of the Labor Law, to the extent necessary to allow a business that receives federal Paycheck Protection Program funding and subsequently rehires employees, to provide the notice required under this section as soon as practicable but not necessarily within ninety days, provided that a business that receives federal Paycheck Protection Program funding provided the notice required under this section when it initially laid off employees.

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through May 17, 2020:

• The Department of Health shall hereby establish a single, statewide coordinated testing prioritization process that shall require all laboratories in the state, both public and private, that conduct COVID-19 diagnostic testing, to complete such COVID-19 diagnostic testing only in accordance with such process. Any such laboratories shall prioritize testing of entities or individuals as directed by this coordinated statewide process. Any such laboratories may not, without an exemption from the Department of Health, enter into an agreement that would reserve testing capabilities for any private or public entity and therefore impede the Departments’ ability to prioritize and coordinate COVID-19 testing in New York State. Any violation of this directive may result in a civil penalty not to exceed $10,000 or three times the value of such testing provided in violation of this section, and provided further that the Commissioner is hereby empowered and may revoke any operating certificate or license of such laboratory.
  

• The directive contained in Executive Order 202.18 requiring any skilled nursing facility, nursing home, or adult care facility licensed and regulated by the Commissioner of Health to notify a family member or next of kin if any resident tests positive for COVID-19, or suffers a COVID-19 related death, within 24 hours is hereby modified solely to provide a penalty for non-compliance of $2,000 per violation per day, as if it were a violation of section 12 of the public health law, and any subsequent violation shall be punishable as if it is a violation of section 12-b of the public health law.
  

• No local government or local department of health shall take any actions that could affect public health without consulting with the state department of health. No local government official shall take any action that could impede or conflict with any other local government actions, or state actions, with respect to managing the COVID-19 public health emergency.  

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this seventeenth day of April in the year two thousand twenty.

BY THE GOVERNOR      

   

Secretary to the Governor

NYS 2020-2021 BUDGET BREAKDOWN FROM SENATOR ALESSANDRA BIAGGI

Dear Community,

As always, I hope that you and your loved ones are staying safe and healthy.

It goes without saying that this has been a very difficult two months for our community – but as your State Senator, I have not stopped fighting to protect your rights and secure your safety, even under these uncertain circumstances.

In this unprecedented moment, we officially passed the SFY 2020-21 Budget on April 3rd. We could not have imagined when the budget process began in January the challenges our state is currently facing. I understood that given the growing deficit our state faces under the COVID-19 pandemic, compromise would play a central role in our decision-making. However, I will be transparent in saying that I am deeply disappointed in the path we ultimately chose and the priorities the final budget reflects. You can read about how and why I voted on the budget the way that I did, in my interview with The Appeal.

In part because of your advocacy, our conference fought hard to include revenue raisers in the budget to help fill the deficit. We could have raised revenue that would financially support all of our communities through this difficult time, by asking the New Yorkers with the most to chip in a little more or by legalizing adult-use marijuana.

Instead, the budget was balanced on the backs of the most vulnerable New Yorkers and our critical healthcare system. It includes billions of dollars in cuts to Medicaid funding, as well as rollbacks to transformative criminal justice reforms we passed last year. We have cast a dark shadow over our communities in their greatest moment of need, by delivering a budget that puts millions of New Yorkers in harm’s way and fails to meet the needs of our healthcare system under these extraordinary circumstances.

Without invalidating our losses, I want to acknowledge some of the good fights won in this budget. We legalized gestational surrogacy to grow New York families, banned styrofoam and fracking to protect our environment, and expanded the prevailing wage and legalized e-bikes to support working New Yorkers.

However, the fact remains that the significant losses in this year’s budget are a microcosm of what is wrong with this process and the disproportionate power dynamics in Albany. The unilateral control the Executive branch holds over the budget process undermines the duty of legislators to make thoughtful spending and policy choices on behalf of your interests and priorities. It is neither fair, nor just to subdue the voice of the people in this way, which is why my colleagues and I have set out to change it.

This week I introduced legislation that would amend the New York State Constitution to give the Legislature its fair share of bargaining power in the budget process. By putting us on equal-footing with the Executive in the budget process, your voices will be lifted. The fight for a constitutional amendment is going to be a long and difficult battle, but the only way we will achieve budget justice for the people of New York is by ensuring our communities have a true seat at the table.

Again, I want to emphasize that the adopted budget is far from what I had hoped for, and is less than you deserve, despite the few silver linings in the mix. Regardless, it is critical that you familiarize yourself with the contents, both good and bad, in order to understand how they will impact your life as we continue to navigate this pandemic together. 

Below is a breakdown of this year’s adopted budget:

COVID-19 Emergency Funds

• $4 billion in State emergency appropriations to directly address the crisis.
  • This is in addition to $40 million allocated in March. 

Health and Healthcare

• The budget includes a 1.8% across the board cut to Medicaid, as well as numerous changes designed to make Medicaid more efficient and reduce spending. These measures were negotiated based on the Medicaid Redesign Team II proposals, and include: 
  • Changes to the Managed Long Term Care program designed to focus services on patients with the highest need;
  • Reduced reimbursement to nursing homes on capital projects;
  • Changes to reimbursements for 340b pharmacies that serve patients on Medicaid;
  • Changes to transportation management for Medicaid patients; 
  • Partially expands access to telehealth in the Medicaid program so more New Yorkers can connect with their healthcare providers. 
• We were able to eliminate $100 million in proposed cuts to hospital funding and created a $250 million funding pool to assist financially distressed hospitals in the final budget. However, this support will not extend to every hospital, including many hospitals in District 34 which will be ineligible, but none-the-less impacted by changes and cuts included in the budget. 
• The final budget extends the Medicaid global cap through SFY 2021-22. The growth of local spending will not be considered under the cap. 
• Expands tobacco and vaping control regulations, to protect young people including prohibiting the retail sale of most flavored vapor products and creating an education campaign to educate youth about the dangers of vaping. 
• Designates 13 fentanyl analogs to Schedule I controlled substances to get these drugs off the streets and protect New Yorkers.
• Authorizes the Department of Financial Services to investigate prescription drug price increases of over 50% and indications of fraud, and created the Drug Accountability Board to participate in the investigations.
• Limits out-of-pocket expenses for a 30 day supply of insulin to be capped at $100. 
• Establishes the Curing Alzheimer’s Health Consortium within SUNY to identify genes that predict an increased risk for developing Alzheimer’s.

Supporting Working Families

• Guarantees Sick Leave of at least 5-7 days for all employees.
• Increases Unemployment Insurance funding by $1.05 billion in anticipation of increased unemployment claims due to COVID-19. 
• Provides more than $22.65 million for Temporary Assistance for Needy Families and other human service programs.
• Provides $200 million in additional support for the Child Care Development Block Grant to assist families affected by the public health emergency.
• Eliminates the current photo identification requirement for public assistance recipients and allows these New Yorkers to access a free identification card.
• Adds $9.8 million to address an anticipated increase in workers compensation claims spurred by COVID-19.
• Adds almost $3.5 million in statewide and local economic development programs  
• Legalizes the use of e-bikes and scooters with protections for safety.
• Expands the prevailing wage to certain private projects paid in whole or in part out of public funds. 

Schools and Education

• Funding for schools is held flat – every school will receive funding at the same levels as the 2019-20 fiscal year. New York State will spend $27.9 billion on School Aid. 
• Provides $10 million in new funding for student mental health support grants and $1 million for civics curriculum development. Additionally, past years’ competitive grants are maintained, totaling more than $230 million in funding to school districts for programs such as early college high schools, after-school programming, and advanced courses.

Criminal Justice System

• Changes to New York’s bail law including expanding the list of bail eligible crimes to include additional domestic violence felonies, high level drug offenses, and certain sex crimes, among other charges. The reforms also expand bail eligibility to individuals who are arrested for certain crimes while awaiting trial for another crime, and require the Office of Court Administration and Department of Criminal Justice Systems to collect and report on how bail is used by judges across New York State. Lastly, the reforms allow private, for-profit companies to provide electronic monitoring services. 
• Provides $40 million to support the implementation of discovery reforms, and updates the criminal discovery law, including by extending the initial discovery response deadline and providing clarification in the law to ease the burden on prosecutors working to provide discovery. The reforms also provide additional protections for victims and witnesses. 
• Establishes two degrees of Domestic Act of Terrorism Motivated by Hate and establishes a Domestic Terrorism Task Force. 
• Bars gun ownership for individuals who commit serious offenses in other states.
• Empowers law enforcement to seize weapons for at least 48 hours when responding to domestic violence incidents. Law enforcement will be authorized to seize firearms that are in plain view when conducting a lawful search in responding to a domestic violence incident.
• Ensures District Attorneys follow current practices and Court Clerks promptly provide information on misdemeanor domestic violence convictions to the State Department of Criminal Justice Services to ensure these offenses are easier to identify on a criminal record for gun background checks.

Environment and Natural Resources

• Authorizes the $3 billion ‘Restore Mother Nature Bond Act.’ If approved by voters, this will provide funding for projects that restore our natural environment, including: 
  • $1 billion for restoration and flood risk reduction;
  • $700 million for climate change mitigation; 
  • $550 million for open space land conservation and recreation;
  • $550 million for water quality improvement and resilient infrastructure; and
  • Specific provisions for projects benefiting environmental justice communities.
• Bans polystyrene food packaging and polystyrene packaging peanuts beginning January 1, 2022. 
• Codifies the ban on high-volume hydraulic fracturing, plus imposing a moratorium on applications for gelled propane hydraulic fracturing filed with the Department of Environmental Conservation. 
• Creates a new Office of Renewable Energy Siting, a NYSERDA build-ready program, and an electric power transmission plan to accelerate the development of renewable energy, while ensuring community input and benefits and environmental protections.

Economic Development

• Extends the application period for START-UP NY for five years to December 2025.
• The enacted budget provides an additional $4,714,000 for statewide and local economic development programs.
• Extends the Excelsior Tax Credit Program for 5 years.
• Makes the New York Buy American Act permanent.
• Expands the eligibility of the Economic Transformation Facility Redevelopment Program through 2021 to support the economies of communities affected by the closure of certain correctional facilities in 2011.
• Provides an additional $365,000 for Minority and Women-Owned Business Development.

Veterans

• Provides funds for programs that help connect veterans with peers, address PTSD, and transition back to civilian life. 
• Extends the ‘Hire-a-Vet’ tax credit to help incentivize New York businesses to provide good paying jobs for returning veterans.

Transportation

• Commits $3 billion to the MTA's 2020-24 Capital Plan.
• Provides the State Department of Transportation with $6 billion in capital funds to help ensure vital investments are made to the state’s transportation system. 
• Allocates funds for extreme winter recovery road reconstruction to keep these roads functional so New Yorkers can continue traveling safely.
• Increases Statewide Mass Transportation Operating Assistance to support public transit systems across the state.
• Allows the MTA to temporarily access emergency loans to offset revenue losses and increased costs caused by COVID-19, with measures in place to ensure the money is spent wisely and that emergency borrowing will be paid off as quickly as possible when revenues recover.
• Empowers the MTA to temporarily borrow from the central business district lockbox to offset revenue losses caused by COVID-19, with strong protections in the form of review by the MTA Board, the State Budget Division, and a requirement that the lockbox will be repaid with priority.

Local Government and Taxpayers

• Allows for up to 40 years’ maturity for loans helping low-income communities finance water infrastructure improvements.
• Ensures pay equity at state and local public authorities.
• Moves the NYC Housing Vacancy Study to accommodate the Federal Census.

Human Rights 

• Legalizes gestational surrogacy with significant protections for people acting as surrogate. 
• Bans discriminatory gender-based pricing, commonly referred to as the “pink tax.”

Democracy 

• Codifies the recommendations of the Campaign Finance Reform Commission to create a public financing program in New York State. This program will take effect after the 2022 general election and will match small-donor donations to participating candidates, helping to amplify the voices of New Yorkers regardless of their ability to donate large sums. These changes also include: 
  • Lowering individual contribution limits.
  • Raising the threshold for a party to qualify for a line on the ballot in each election.

With Gratitude, 

State Senator Alessandra Biaggi

MAYOR DE BLASIO EXPANDS TESTING TO COMMUNITIES HARDEST HIT BY COVID-19

Walk-in testing sites open today for high-risk patients in East New York, Morrisania, and Vanderbilt through NYC Health + Hospitals; One Medical will also offer appointment-only testing to frontline SEIU members, as well as other healthcare and essential workers beginning today in Brooklyn and Queens 

  Mayor de Blasio announced today the opening of three COVID-19 testing sites for communities hardest hit by the pandemic. Beginning today, NYC Health + Hospitals/ Gotham Health East New York, Morrisania, and Vanderbilt will offer COVID-19 testing on a walk-in basis, with a priority for those over the age of 65 with pre-existing conditions that put them at risk for serious illness. Two additional sites at NYC Health+ Hospitals/ Queens and NYC Health+ Hospitals/ Sydenham in Manhattan will open on Monday, April 20^th.

The City will also partner with One Medical, a national digital health and primary care provider, to offer COVID-19 testing and virtual care services. Appointment-only testing will be prioritized for frontline 1199SEIU members, including adult care employees or those who work with people with disabilities, as well as other non-member healthcare professionals, essential workers, and NYC residents who are 65 and older with preexisting conditions. With its five testing sites, One Medical will be able to conduct 3,500 tests per week throughout New York City

“Communities of color have been hardest hit by the COVID-19 crisis,” said Mayor Bill de Blasio. “We know that widespread testing is a key part of containing the spread of COVID-19, which is why we are doing everything we can to bring more testing to our most vulnerable.”

The NYC Health+Hospitals community testing clinics will offer tests by walk-in from 9:00 AM to 3:30 PM, Monday, through Friday at East New York and Morrisania. Testing at Vanderbilt will be available from 8:30 AM to 4:30 PM, Monday through Friday. Two additional sites at NYC Health+ Hospitals/ Queens and NYC Health+ Hospitals/Sydenham will open on Monday, April 20^th. These five sites will initially be able to conduct a total of 2,400 tests per week. Patients' test results will be available within one to two days via phone call and electronically through MyChart.

Additionally, One Medical’s five testing sites—one in each borough—will be open 9:00 AM to 6:00PM -6PM by appointment only. One Medical will be able to do 3,500 tests per week throughout New York City. Brooklyn and Queens are open today and Manhattan, the Bronx and Staten Island will be open starting Monday, April 20^th. Those who meet the testing criteria and would like to schedule an appointment call 1-888-ONEMED1 OR go to onemedical.com and use code NYCCARE30

“On the front lines of the COVID-19 pandemic, we see clear disparities in communities of color, lower income populations, immigrants, and New Yorkers with multiple comorbid conditions,” said NYC Health + Hospitals President and CEO Mitchell Katz, MD. “Our public health care system has long provided high-quality care to underserved communities in New York City. The community testing clinics will support and improve our efforts to provide critical services to those most in need.”

Kingsbridge Armory Opens as Food Distribution Center for Bronx

  The Kingsbridge Armory was converted into a warehouse of boxed food to be given out to residents of the Bronx. Mayor Bill de Blasio arrived to see how pallets of boxed food were set up to be loaded into livery cabs with each driver given a list of names and addresses to deliver each box to. In the box were supplies for three days of breakfast, lunch, and dinner with bagged snacks. 

  On hand were various city agency staff including Sanitation Commissioner Katheryn Garcia, Parks Commissioner Mitchel Silver, Bronx Borough President Ruben Diaz Jr. and members of the National Guard. Mayor de Blasio walked around to see all the boxes of food placed in the armory, and stopped to see how the operation was going before speaking. During his speech the mayor said 'We will not let any New Yorker go hungry'. Each box contains three days of breakfast, lunch, and dinner with snacks/ People in need are urged to call 311 to receive the free food from the city. 

  Bronx Borough President Ruben Diaz Jr. explained that there was hope that the Kingsbridge Armory could be used as a field hospital, but that there was not enough electricity coming into the armory so that plan had to be changed into a food depot for delivery to people in need. 

Above - Pallets of boxes of food are lined up in the Kingsbridge Armory for distribution.

Below - the tag from the side of one box with the contents of the box listed.

Above - One box was opened to show what is inside.

Below - Lanes were set up for cars to pull into the armory to load up.

Above - Bronx Borough President Ruben Diaz Jr, demonstrated how the cars are loaded.

Below - Mayor de Blasio peaks about the use of the armory as a food distribution point, saying that the city will not let any New Yorker go hungry.

AG James Continues Enforcement Actions Against Companies that Take Advantage of COVID-19 Pandemic

Four Companies Receive Cease and Desist Orders to Stop the Selling and Marketing of Unauthorized Test Kits and Products

As Coronavirus Goes After People's Health, Attorney General James is Ensuring Scammers Can't Go After Their Wallets

  New York Attorney General Letitia James ordered Hong Kong Royal Resource Technology Company and Rightangled to immediately cease and desist the selling of unauthorized test kits for the coronavirus disease 2019 (COVID-19). The companies have been misrepresenting to consumers that the products can detect if an individual has contracted the virus. The U.S. Food and Drug Administration (FDA) has not approved any COVID-19 tests for home use. The sale of unapproved home test kits may lead consumers to take inadequate quarantine measures placing the health of consumers — themselves and others — in jeopardy. 

Additionally, Attorney General James has ordered Sustainable Forestry Solutions and Genesis II Church of Health & Healing to immediately cease and desist marketing their products as tools that can cure or treat COVID-19. The companies are misleading consumers regarding the effectiveness of their products amidst the pandemic. The World Health Organization (WHO) has not identified any specific medicine which prevents or treats this disease, making any claim of Sustainable Forestry Solutions and Genesis II Church of Health & Healing products being effective at combatting and/or treating COVID-19 a violation of New York state law.

“Misrepresenting the effectiveness or authenticity of products relating to COVID-19 is extremely reckless, and puts vulnerable communities at an even greater risk,” said Attorney General James. “By giving consumers false information, all four companies are giving consumers a false sense of security, which can have an adverse effect on the containment and treatment of COVID-19. My office will continue to root out companies that attempt to illegally profit from this pandemic by prioritizing their bottom line over public health.”

Hong Kong Royal Resource Technology Company, Rightangled, Sustainable Forestry Solutions, and Genesis II Church of Health & Healing targeted consumers through a combination of their websites, podcasts, and social media. Each company is ordered to immediately cease and desist making misleading claims about COVID-19-marketed products, and must cease and desist the sale of unauthorized products.

Attorney General James has sent multiple cease and desist letters to individuals and companies selling and marketing certain products as preventative treatments or cures for the coronavirus, including TV host Wayne Allyn Root, Alex Jones, The Silver Edge company, Dr. Sherill Sellman, and televangelist Jim Bakker.

Attorney General James has also issued cease and desist notifications to hundreds of businesses in New York for charging excessive prices for hand sanitizers, disinfectant sprays, and rubbing alcohol — a violation of New York’s price gouging statute. That statute prohibits the sale of goods and services necessary for the health, safety, and welfare of consumers at unconscionably excessive prices during any abnormal disruption of the market. 

The Office of the Attorney General (OAG) continues to surveil and monitor businesses across the state for potential scams and price gouging schemes designed to exploit public concern related to the spread of the coronavirus. Scammers commonly exploit real public health concerns and use heightened public fear to prey on consumers and profit from frauds related to those health fears. If you believe you have been the victim of a scam or have witnessed potential price gouging, please report these incidents to the OAG.

Attorney General James Cleanses Internet of Coronavirus-Related Scams

  New York Attorney General Letitia James announced a sweeping effort she initiated in March to scrub the internet of websites seeking to illegally profit and deceive millions of Americans and hundreds of millions more around the world off the coronavirus disease 2019 (COVID-19) public health crisis. Over the last month, dozens of staff members in the Office of the Attorney General (OAG) have been reviewing domain names for potential scams attempting to take advantage of fearful consumers. Since March, the OAG has worked in cooperation with domain name registrars across the nation to — upon identification — remove websites selling, marketing, and promoting fraudulent goods and services. Additionally, the OAG has worked with these registrars to “lock” these domain names so they cannot be transferred to other registrars — ensuring they cannot be used to support any additional illegal activity. 

“Unfortunately, the world wide web is filled with criminals and nefarious actors looking to exploit the coronavirus pandemic and take advantage of innocent victims,” said Attorney General James. “The operators of these scam sites are not only stoking fear in the hearts and minds of Americans, but are illegally profiting from their fraudulent deception. Alongside our partners at different domain registrars, we are working to cleanse the internet of these illegal sites one at a time, but we need all consumers to remain vigilant. We must stop these scammers from peddling their fraudulent sites and swindling Americans out of their hard-earned money.”

On March 20th, Attorney General James contacted a number of domain name registrars, including GoDaddy.com, in an effort to stop the registration and use of internet domain names by individuals and companies trying to unlawfully and fraudulently profit off consumers’ fears around the coronavirus. The registrars have been cooperating with Attorney General James’ investigation, and have acted quickly to take down numerous domain names after receiving information from the OAG about illegal and deceptive activity on websites associated with those domain names. The entities behind these domain names are violating a number of New York State laws, as well as the registrars’ terms of service. 

To date, the OAG has had more than 20 fraudulent websites removed for marketing scams, including, but not limited to, sites:

• Selling Home Testing Kits: A number of websites have sold home testing kits to test for COVID-19, even though the Food and Drug Administration (FDA) has not approved any testing kits for home or other personal use.

• Phishing for Personal Information: A number of websites have tricked consumers into providing personal information, including credit card numbers, for fraudulent purposes.

• Selling Fake Cures and Remedies: A number of websites have sold products such as vitamin C and air purifiers, fraudulently and without any science-based research supporting claims that they can protect consumers from COVID-19. There is currently no FDA-approved vaccine or cure for COVID-19, and the World Health Organization has also said that there is no specific medicine to prevent or treat the coronavirus.

• Promoting Fraudulent Donation Sites: A number of websites have pretended to be legitimate charities — seeking donations for those in need — when, in reality, they have not been affiliated with any charity. 

Additionally, the OAG’s efforts over the last month have found that a number of websites have not delivered medical supplies and other items ordered by consumers. In one case, a purchasing manager for a hospital in China purchased over $40,000 worth of masks and other medical supplies from a company that not only failed to deliver the supplies, but then disconnected its phone lines. 

In another case associated with a telemarketing phishing scam, a website was created pretending to be a hospital in New York that did not exist. There were fake doctors on the website with made-up names and images pulled from widely-available stock photos of medical professionals. Language from the website was copied directly from other legitimate hospitals. There was an appointments page, where patients were asked to enter their name and contact information to "request" an appointment with a specific doctor or department, but no specific information was subsequently provided about the appointment.

To narrow down and remove the more than 20 sites in question, the OAG used both automated and manual processes to target the most suspect domains. The OAG then identified which domains were active, and then further narrowed down the list to which were deemed suspicious by analyzing website content. The remaining domains were subject to manual review and those selling, marketing, and promoting fraudulent goods and services were marked for removal.

The registration and creation of these fraudulent websites violate a number of laws, including, but not limited to, Executive Law § 63(12) and General Business Law § 349/350. These fraudulent sites have also violated the various domain name registrars’ terms of service for domain registration, which generally prohibit any deceptive or illegal products or services on the website associated with the domain name.

The Office of the Attorney General would like to thank the different registrars for their cooperation with the OAG in preventing bad actors from seeking to profit from the coronavirus pandemic.

Separately, in an effort to protect New Yorkers in the fight against coronavirus scams, Attorney General James sent a letter to Craigslist.com last month, calling on the company to immediately remove posts that attempt to price gouge users, or otherwise purport to sell items that provide “immunity” to the coronavirus or allow individuals to test for the disease.

If an individual believes they are a victim of a website-related COVID-19 scam, they should report it immediately to the OAG’s Bureau of Internet and Technology.

At this time, the OAG is not releasing the specific web sites taken down over the last month to avoid drawing attention to them and alerting the individuals behind these illegal operations to the investigation.

Statement from New York City Comptroller Scott M. Stringer on the FY 2021 Executive Budget

  “In this public health emergency there is nothing more important than providing for the most vulnerable New Yorkers – communities of color, immigrants, seniors, and those experiencing homelessness.

“The Mayor’s budget relies on a mix of savings, reserves, and federal stimulus funds to maintain a balanced budget.  A more robust savings program in prior years would have helped to build up a bigger cushion to protect against cuts that will be devastating in particular to New York City’s youth.

“What is abundantly clear, however, is that in order for us to get on our strongest fiscal footing, we need the federal government to step up. New York City is both the epicenter of this crisis and the financial capital of the country. The national recovery starts here, and the federal government needs to provide wide-ranging, robust financial support in recognition of our central role.

“We look forward to reviewing this budget and ensuring that it secures the social safety net, protects jobs, delivers for all New Yorkers, and sets the stage for our city to rebuild.”