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

 

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

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

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

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

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

 

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attorney General James Stops Illegal Housing Discrimination in Westchester County

 

AG James Takes Action Against Real Estate Broker Who Denied Housing to Low-Income Renters

New York Attorney General Letitia James announced an agreement with real estate broker Pasquale Marciano and his companies, Century 21 Marciano, Anthony Marciano Real Estate Inc., and New Roc Property Management to stop illegal policies that denied housing opportunities to low-income renters. The Office of the Attorney General (OAG), with assistance from the Housing Rights Initiative (HRI), found that real estate agents, who Marciano oversees, violated local and state laws by refusing to rent apartments to investigators who indicated that they intended to use a Section 8 Housing Choice voucher to pay rent. As part of the agreement with OAG, Marciano, who owns 13 multifamily rental properties throughout New Rochelle with a total of 76 units, must place nine tenants using Section 8 or other government housing subsidies in units he owns and pay $40,000 to the state, among other actions to make housing more accessible for low-income renters. 

“Discrimination against low-income New Yorkers denies opportunities to those most in need of housing assistance,” said Attorney General James. “This agreement will open up housing specifically for low-income New Yorkers and send a clear message that this kind of discrimination is unacceptable in our communities. I want to thank the Housing Rights Initiative for their help with this investigation and consistent work to fight housing discrimination.” 

Refusing to rent to prospective tenants based on their source of income is illegal discrimination under New York law, and wrongly denies New Yorkers equal access to housing. Owners, landlords, property managers, rental agents, and brokers cannot refuse to accept potential tenants solely because they receive housing subsidies. Government-issued rental vouchers, such as the Section 8 Housing Choice voucher program, provide housing assistance to the lowest-income households to rent decent, safe housing in the private market. These programs also aid senior citizens and disabled persons on fixed incomes, displaced families, and homeless individuals with disabilities.

At the time of the investigation, Marciano, as the owner and head real estate broker at Century 21 Marciano, oversaw the rental leasing practices of more than 25 real estate sales agents representing Westchester landlords seeking to rent apartments. An investigation done by HRI revealed that Century 21 Marciano enforced a policy that prohibited Section 8 holders from submitting applications for rental units. Century 21 Marciano agents specifically told investigators that the units they inquired about did not accept Section 8 vouchers because they “preferred not to” — a violation of state and local antidiscrimination laws. 

Under the agreement with OAG, Marciano and any customer-facing staff member at his companies must undergo anti-discrimination training. Marciano must also implement an anti-discrimination policy and distribute it to everyone involved in the rental process at his companies. Rental applications must include clear anti-discrimination statements containing the sentence, “we are happy to consider applicants who have housing vouchers or subsidies.” Additionally, Marciano must publicly advertise all vacant units and include that government housing vouchers, such as Section 8, are accepted on every rental listing. Finally, Marciano must ensure that rental application fees are capped at the $20 maximum and, during the five-year period of the agreement, must also waive broker fees for any applicants seeking to use a government housing subsidy for their rental. 

Attorney General James has consistently taken action to fight housing discrimination and protect low-income tenants. In October 2023, Attorney General James took action against another Westchester property owner and manager for discriminating against low-income renters. In 2022, Attorney General James took action to stop “tenant blacklisting” and partnered with HRI to stop the real estate company Compass from denying housing to low-income New Yorkers. In July 2022, Attorney General James recovered nearly $300,000 of illegally withheld security deposits for Brooklyn tenants. In April 2022, Attorney General James sued Brooklyn-based eviction lawyers for engaging in deceptive rent collection practices and initiating frivolous lawsuits against New York tenants.

It is illegal in New York State for any owner, managing agent, broker, or any other representative to refuse to rent, sell, or lease housing to any person based on their source of income. New Yorkers who suspect they are victims of source of income discrimination are encouraged to file a complaint online. 

NYS Office of the Comptroller DiNapoli: Local Sales Taxes Grew 4.2% to $23 Billion in 2023

 

Local government sales tax collections in New York state totaled $23 billion in calendar year 2023, up 4.2%, or $919 million, from 2022, largely influenced by growth in New York City sales taxes, according to a report released today by State Comptroller Thomas P. DiNapoli.

“Growth in local sales tax collections statewide moderated in 2023, following two years of double-digit increases,” DiNapoli said. “The fluctuations in sales tax collections that characterized the pandemic period have subsided. Local officials should plan for sales tax revenue with more stable and modest growth rates.”

Local sales tax collections in the fourth quarter of 2023 increased by 3.1% compared to the same quarter of 2022, similar to the 3% and 3.6% year-over-year growth experienced in the second and third quarters, respectively, and not nearly as robust as the 7.1% growth in the first quarter.

New York City’s sales tax growth of 5.9% in 2023 exceeded the aggregate results for the counties and cities in the rest of the state (2.4%). Growth in the city’s collections, which typically account for approximately two-fifths of the statewide total, was boosted by increases in domestic and international tourism, which approached pre-pandemic levels this past holiday season.

County collections, in total, grew by 2.4%, or $259 million, in 2023 compared to the previous year. Most (50 of 57) counties outside of New York City experienced a year-over-year increase in sales tax collections, with many smaller counties seeing the strongest growth.

Sullivan County had the largest increase at 11.6%, followed by the counties of Schoharie (10.9%), Chenango (7.9%) and Schuyler (7.8%).

Yates County experienced the steepest decline in collections (-5.6%), followed by the counties of Cayuga (-2.5%), Steuben (-1.5%) and Rockland (-1.4%).

Of the 18 cities outside of New York City that impose their own sales tax, 15 saw year-over-year increases in 2023. Oswego had the strongest growth at 16%, followed by Glens Falls (9.6%), Norwich, and Oneida (8.9% each). Three cities experienced modest decreases in collections, with Auburn and Ithaca seeing a decline of 0.2% each, followed by Yonkers at less than 0.1%. 

Report

Local Sales Taxes for 2023

Data

Regional Table

News, updates and more from NYC Council Member Rafael Salamanca, Jr.

 

WALKTHROUGH WITH NYC DOT BRONX BOROUGH COMMISSIONER ANTHONY PEREZ

Had a productive walkthrough with the new NYC DOT Bronx Borough Commissioner Anthony Perez where we discussed improvements to Westchester Avenue that would alleviate traffic congestion in our District.

The South Bronx is the thoroughfare to multiple highways that gets you to your destination, so we must ensure it's safe for pedestrians, bicyclists, and auto drivers.

CELEBRATING BLACK HISTORY MONTH

COMMEMORATING THE START OF BLACK HISTORY MONTH

As we rise in solidarity to celebrate the start of Black History Month, we pause to reflect on the contributions of the Black Community, while acknowledging our commitment to ensuring that this history & fight for equality is not diminished to only a singular month.

CELEBRATING BLACK HISTORY MONTH AT THE BRONX ZOO

MARK YOUR CALENDARS: 

My office will be hosting our annual event at the Bronx Zoo in celebration of Black History Month to honor leaders within our Borough who are creating a lasting, equitable community for us all to be proud of. 

Owing to popular demand, the event has be extended by ONE HOUR!

*Please make note of the updated timeframe of 6-9PM*

There are a limited number of spots still available, so make sure to RSVP asap. 

*RSVP is REQUIRED to attend. Please email CMSalamanca.events@gmail.com, or call (718) 402-6130 to confirm your attendance.*

Visit our District Office at: 
1070 Southern Boulevard
Bronx, New York 10459
(718) 402-6130
salamanca@council.nyc.gov

 

False Claims Act Complaint Filed Against Former President and Co-Owner of Mobile Cardiac PET Scan Provider

The United States has filed a complaint in the U.S. District Court for the Southern District of Texas under the False Claims Act (FCA) against Rick Nassenstein, a resident of Florida and formerly the president, chief financial officer, and co-owner of Illinois-based Cardiac Imaging Inc. (CII), a provider of mobile cardiac positron emission tomography (PET) scans.

The complaint alleges Nassenstein knowingly played a central role in a scheme whereby CII paid exorbitant, above-fair market value fees to doctors who referred patients to CII for cardiac PET scans in violation of the Physician Self-Referral Law, also known as the Stark Law. It prohibits health care providers from billing Medicare for certain designated health services referred by a physician with whom the provider has a financial relationship, including a compensation arrangement, that does not meet any statutory or regulatory exception. Congress enacted the Stark Law to protect Medicare patients from financial arrangements that can adversely impact physicians’ decision making and lead to unnecessary services. Claims knowingly submitted to Medicare in violation of the Stark Law also violate the federal FCA.

“Financial relationships between healthcare providers and referring physicians can undermine the objectivity of medical treatment decisions and increase the cost of care,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will enforce provisions designed to prevent prohibited financial conflicts to ensure that taxpayers and patients can have confidence that decisions about patient care are driven by the medical needs of patients rather than the financial interests of physicians or providers.” 

“Improper compensation arrangements unnecessarily drive-up healthcare costs and cloud a physician’s medical judgment,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “This complaint alleges that in an effort to increase profits, Nassenstein caused CII to enter into improper compensation arrangements with cardiologists who referred patients for cardiac PET scans. We are committed to enforcing the Stark Law and protecting Medicare from these types of improper financial relationships.”

Cardiac PET scans are nuclear medicine tests that doctors use to help assess heart function and diagnose cardiac disease. The United States’ complaint alleges CII provided cardiac PET scans on a mobile basis and paid the referring physicians, usually cardiologists, to provide the physician supervision required under Medicare rules. The United States alleges that from at least 2017 through June 2023, Nassenstein caused CII to enter into compensation arrangements with referring cardiologists, under which the cardiologists were paid as if they were fully occupied supervising CII’s scans, even though the cardiologists were actually providing care to other patients in their offices or were not even on site. The complaint alleges CII’s fees also purportedly compensated the cardiologists for additional services beyond supervision that were not actually provided.  

The lawsuit was originally filed under the qui tam or whistleblower provisions of the FCA by Lynda Pinto, a former billing manager at CII. Under the FCA, private parties, known as relators, can file an action on behalf of the United States and receive a portion of the recovery. The FCA permits the United States to intervene in and take over the action, as it has done here. If a defendant is found liable for violating the FCA, the United States may recover three times the amount of its losses plus applicable penalties.

The Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas (SDTX) are handling the matter with assistance from the Department of Health and Human Services (HHS) Office of Inspector General. The case is captioned U.S. ex rel. Pinto v. Nassenstein, No. 18-cv-2674 (S.D. Tex.). CII and its current owner, Sam Kancherlapalli, previously settled related claims arising from the conduct described above.

Trial Attorneys Samuel R. Lehman and Jake M. Shields of the Justice Department's Civil Division and Assistant U.S. Attorney Melissa M. Green for the Southern District of Texas are handling the matter.

The investigation and prosecution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the HHS at 800-HHS-TIPS (800-447-8477).

The claims asserted in this case are allegations only, and there has been no determination of liability.

Governor Hochul Announces 2024 Free Fishing Days

 

No Freshwater Fishing License Required to Fish on Designated Days

Governor Kathy Hochul announced today the six designated Free Fishing Days in New York will take place on: February 17 to 18 (Presidents’ Day Weekend), June 29 to 30, September 28 (National Hunting and Fishing Day) and November 11 (Veterans Day). During these days, the fishing license requirement is waived for freshwater fishing on New York’s waters.

“The Free Fishing Days program provides a great opportunity for aspiring anglers to try freshwater fishing for the first time or former anglers to reconnect with one of America’s favorite pastimes,” Governor Hochul said. “New York is blessed with an abundance of freshwater lakes, ponds, streams and rivers, allowing for memorable fishing experiences that increase tourism and benefit the economy.”

New York State Department of Environmental Conservation Commissioner Basil Seggos said, “Free Fishing Days are spread out throughout the year to give anglers a chance to enjoy freshwater fishing in various climates. It is the perfect time for families and friends to take advantage of the State’s plentiful fishing opportunities and learn or re-refresh a recreational hobby without the traditional fees.”

The Free Fishing Days program began in 1991 to give people who might not fish a chance to try the rewarding sport of freshwater fishing at no cost, to introduce people to a new hobby, and to encourage people to support conservation by purchasing a New York State fishing license.

DEC offers a host of resources for those interested in getting started in fishing. The I FISH NY Beginners' Guide to Freshwater Fishing provides information on everything from rigging up a fishing rod, to identifying your catch, and understanding fishing regulations. There’s also a video series on DEC’s YouTube channel that complements the Beginners Guide. DEC's Places to Fish webpages are a reliable source of information when planning your next fishing trip. DEC's official app, HuntFishNY, now features “The Tackle Box.” Fishing regulations, boating access and stocking information are all available within a map-based interface from the convenience of your smart phone.

In addition to Free Fishing Days, there are also “learn to fish” opportunities available through DEC-approved free fishing clinics. For a list of what’s currently scheduled visit the DEC website.

Free fishing day participants are reminded that although the requirement for a freshwater fishing license is waived during free fishing days all other fishing regulations remain in effect. Outside of free fishing days, anglers over the age of 16 must have a valid fishing license. For more information on purchasing a license visit the DEC website.

DEC recently revamped its Angler Achievement Awards Program which recognizes anglers who catch notable-size fish, including state records. The new and improved program broadens the list of eligible fish species an angler can enter for an award and now features a Youth Angler Category and an online entry form where qualifying catches can be submitted right from the convenience of a smart phone. All anglers who submit a qualifying catch will now receive a species-specific sticker to proudly display on their tackle box, car, etc. For official program rules, eligible species and associated minimum qualifying lengths, visit the Angler Achievement Awards webpage on DEC’s website.

Cox: Bragg already asleep at the switch

NYGOP Chair Ed Cox today released the following statement in response to Manhattan DA Alvin Bragg stating that he “will not rest” until the illegal migrants who attacked a pair of NYPD officers recently are brought to justice:

 

“Alvin Bragg says he will not rest, but he’s already asleep at the switch: he failed to detain these criminal illegal migrants, who celebrated by flipping New Yorkers the bird before going on the lam to California.

 

“Alvin Bragg is too focused on his bogus case against Trump – which Cy Vance and the Southern District already passed on – to fulfill the most basic responsibilities of his office. Any District Attorney worthy of the office would value the safety of New Yorkers and New York’s police over partisan political publicity stunts.”