Friday, March 9, 2018

New Scathing Report & Survey on Mold in NYCHA Unveiled by the Independent Democratic Conference, NYCHA Tenants & Advocates



While mold remains unabated, Senators fight for legislation to protect NYCHA tenants

Senators Jeff Klein (D-Bronx/Westchester) and Marisol Alcantara (D-Manhattan), joined by tenant leaders, NYCHA mold victims, the Citywide Council of Presidents, At Risk Community Services, the Black Institute and advocates, issued a new, disturbing report, “Break the Mold: Cleaning Up NYCHA’s Mess.”


This report comes on the heels of the Independent Democratic Conference’s report, “The New Flint,” which compared the lead scandal at NYCHA to the lead-water crisis in Flint, Michigan. The new investigation and survey looked at mold and lack of remediation efforts in NYCHA buildings across all five boroughs.

More that 59% of NYCHA residents surveyed said they had problems with mold, which could result in serious lung and respiratory problems.

“NYCHA lets our tenants live in the most squalid, unlivable conditions imaginable and we must stand up on behalf of the 400,000 people who live there and demand that they clean up their act. Mold, lead and leaks lead to serious health problems and NYCHA tenants, living in the city’s largest affordable housing stock, deserve better. These human rights violations will not be tolerated and I will continue to fight for the safety and rights of these tenants,”  said Senator Klein.

“The problems in NYCHA in multiple areas including lead paint, life-threatening mold, and failing boiler maintenance expose the complete culture change that is required at the agency. Public housing residents and elected officials alike deserve answers, not more of the same complacent attitude and disrespect which NYCHA officials have given them. My Occupant Protection Plan bill would require NYCHA to post signs when areas of lead poisoning are found, giving NYCHA residents the ability to take their own precautions and hold NYCHA accountable,” said Senator Alcantara.

The IDC surveyed NYCHA residents in all five boroughs regarding mold and the authority’s response.

Key Findings
      59% of those surveyed reported that they have found mold in their apartment

      56% reported that it took more than two weeks to respond, or never did respond

   24% of those surveyed responded that it took management more than a month to remove the mold

      24% responded that someone in their household suffers from asthma

    52% responded that they have had or have leaking roofs, windows, or pipes that has caused water to leak into the apartment


Mold exposure, even at 24 to 48 hours, could result in health issues like itchy and watery eyes. Prolonged exposure leads to serious lung and respiratory problems, and exacerbates problems for asthma sufferers, making it important to remedy mold and the moisture issues that create mold immediately.

The Authority does not employ professionals trained in mold remediation, and had itself removed from a law that required certified workers perform such work. The IDC wants to close this loophole.

The IDC will be advocating for legislation for the state to declare a state of emergency at NYCHA and for design build in NYCHA buildings to expedite repairs.

The New York State Senate passed the IDC’s legislation to install a state-appointed  independent NYCHA Monitor, who would be a watchdog and ensure money invested in public housing is spent appropriately, this independent monitor would report to the Assembly, Senate and Governor.

Senator Klein would like residents to have input on the Independent Monitor’s selection and called on the Council of Presidents to convene to discuss the selection of a candidate for the job.

To clean-up the mess NYCHA has left residents with the IDC has proposed a package of legislation including:
  • Closing the NYCHA Mold loophole - NYCHA cut itself out of a law requiring certified professionals to abate mold. The IDC wants to close that loophole and mandate that licensed professionals perform mold remediation in NYCHA apartments.
  • City Council oversight - The New York State Senate also passed legislation to increase transparency by empowering the New York City Council to get the information they seek from NYCHA when their members request it.
  • Requiring 311 to accept NYCHA complaints - Currently NYHCA complaints are fielded directly by NYCHA and there is no public record or accountability. Requiring 311 to take and track complaints would provide transparency and allow residents to better track action.
  • The Repair Certificate Program - With buildings in dire need of repair, we need experienced developers to make quality, expedited fixes. In exchange experts would receive zoning bonuses for other projects.
  • Lead Based Paint Reports - This legislation would require NYCHA to submit lead based paint reports to the legislature, which would include valuable information on lead paint inspections by the authority.  
  • Property tax abatements for lead removal - This legislation incentivizes the removal of lead paint from buildings by providing owners with a tax abatement to keep their tenants safe.
  • Mandatory lead screening for children - This legislation would require children to be screened for lead when they enter kindergarten, second or fourth grade.
  • Follow-ups for children who test for elevated blood levels - Primary care physicians would be required to conduct follow-up tests to monitor blood lead levels if a child tests for elevated lead levels. In addition, the state must ensure there is a full environmental review of the child’s home if elevated blood lead levels are found.
  • The Occupant Protection Plan - Buildings inspected between 2012 and 2018 would have to be re-inspected for lead paint. All buildings constructing in 1978 or earlier would have to develop plans to protect occupants from the hazards of lead paint.

“CCOP has heard the cries of the Residents of Public Housing  and we will stand TOGETHER AND SPEAK IN ONE VOICE to say, ‘ENOUGH IS ENOUGH.’   We will not continue to sit by and accept the deplorable conditions that the Residents have been forced to endure for so many years. We the Residents of Public Housing are truly Living a tale of the Two Cities.  However we too have a voice and we are speaking out,” said Daniel Barber, Chair of the Citywide Council of Presidents.

“The problems regarding NYCHA mold remediation are well known.  This goes for mold as well as lead, vermin and a host of other issues the tenants are facing every day. The lawsuit that was jointly filed on behalf of At-Risk Community Services, Inc. and CCOP, against NYCHA, is specifically focused on getting them to step up and fix all of the things that are broken, including mold,” said Elie Hecht, attorney-spokesman of At Risk Community Services.

“With alarming frequency I hear about mold infestations throughout my development. Nobody should be subjected to these very avoidable conditions, and I'm thankful that Senator Klein and the IDC continue to expose this recurring problem. The next step to help alleviate this issue is to ensure certified professionals remediate the mold, which is exactly what the legislation mentioned today aims to do,” said Monique Johnson, President of Throggs Neck Resident Council.


"The people who live in NYCHA housing are entitled to live in the same standards that those in Park Slope or on the Upper Eastside are entitled to. Gracie Mansion isn't complaining about mold issue nor should NYCHA residents, "stated Community Advocate Tony Herbert/Chair of The NAACP-NYCHA Branch's Citywide Civic Engagement Committee.

EDITOR'S NOTE:

Ms. Monique Johnson challenged the mayor to spend two weeks at the apartment of her choosing in the Throggs Neck Houses.

My question to Senator Klein was if he has done a survey on any Asbestos contamination in NYCHA apartments, and Senator Klein replied "That's Next".

DE BLASIO ADMINISTRATION ANNOUNCES NEW MEASURES TO EXPEDITE NYCHA HEATING SYSTEM UPGRADES BY UP TO 20 MONTHS


City presses for Design-Build from State, which would save an additional 12 to 15 months on these repairs

The de Blasio Administration today announced measures to expedite major heating upgrades at public housing by 8 to 20 months, depending on the size of the project. In January, the Mayor announced $200 million in heating system upgrades at 20 developments experiencing chronic outages. The Administration conducted a review of NYCHA’s capital program and will make the scoping and design, procurement and construction processes more efficient. The City is also pressing the State to grant Design-Build authority, which would save an additional 12 to 15 months on these upgrades.

 “Our investment in new heating systems goes right to the heart of the biggest problems NYCHA residents face, and will make a difference thousands of them will feel,” said Mayor Bill de Blasio. “We are cutting through red tape to expedite these critically needed repairs for tenants, and urge our state partners to do the same by authorizing design-build immediately.”

“This interagency partnership is about looking at how we can all work smarter and more collaboratively in support of New York City residents,” said NYCHA Chair and CEO Shola Olatoye. “With the Mayor’s investment and commitments from our city agency partners, we are able to bring better quality heat service to 45,000 New Yorkers much faster. This is a tremendous effort from everyone involved.”

The Administration reviewed NYCHA’s capital program and identified several ways to expedite repairs by 8 to 20 months, depending on the size of the heating system, including:

  1. Design Phase: NYCHA will provide estimated load calculations to engineers to minimize pre-design services. They have also committed to reviewing fewer submissions from designers, and will create a single standard specification to streamline design. These steps will shave 6 months off what is normally a year long process. 
  2. Procurement:  NYCHA is seeking authority from the NYCHA Board to delegate authority for awarding contracts ahead of Board approval; the Board would ratify the contracts. This would cut 30 – 45 days each time a contract is awarded.
  3. Construction & Commissioning: DEP has agreed to expedite review and approval of NYCHA installations for usages, saving 3 weeks. NYCHA will also work with DOB to streamline the inspection and approval processes.
 
Since 2014, NYCHA has committed nearly $300 million in HUD funds to upgrade heating and plumbing at 100 developments. Also, more than $100 million of the $3 billion FEMA grant for Sandy Recovery and Resilience will fund replacement of 67 boilers at 17 developments, and NYCHA’s three in-progress Energy Performance Contracts include more than $40 million in heating-related improvements.

The de Blasio Administration has made an unprecedented commitment to preserve and strengthen public housing. This latest investment brings the Administration’s total commitment to $2.1 billion to support NYCHA’s capital infrastructure from Fiscal Year 2014 to Fiscal Year 2027 and $1.6 billion to support NYCHA’s operations from Fiscal Year 2014 to Fiscal Year 2022. This investment includes $1.3 billion to fix over 900 roofs, over $500 million to repair deteriorating exterior brickwork at nearly 400 buildings, and $140 million to improve security at 15 NYCHA developments.  The City waived NYCHA’s annual PILOT and NYPD payments to the City, relieving NYCHA of nearly $100 million in operating expenses a year. In January 2018, the Mayor announced $13 million to improve NYCHA’s response to heating emergencies this winter.

EDITOR'S NOTE:

This announcement came out at the time the State Senators Jeff Klein and Marcia Alcantara of the Independent Democratic Conference of the State Senate were holding a press conference on the 'Mold Crisis in NYCHA' right across from City Hall.   

The IDC will be advocating for legislation for the state to declare a state of emergency at NYCHA and for design build in NYCHA buildings to expedite repairs.

MAYOR DE BLASIO APPOINTS TWO JUDGES TO CIVIL COURT


  Mayor de Blasio announced the appointment of two interim Civil Court judges. These judges have a wealth of experience in the public and private sectors and are uniquely qualified to serve all New Yorkers.

"These judges bring a unique perspective to the court and I am confident they will work tirelessly to serve the people of New York," said Mayor de Blasio

CIVIL COURT

Judge Jeffrey Gershuny
Judge Gershuny served as a Supervising Court Attorney in Criminal Court, New York County for seven years, before becoming the Chief Counsel to the Administrative Judge of New York City Criminal Court. Judge Gershuny received his undergraduate degree from SUNY Binghamton University and his law degree from Hofstra University Law School. Judge Gershuny is appointed to Civil Court and will be serving in Criminal Court.

Judge Adam Perlmutter
Judge Perlmutter has been practicing criminal law for 22 years as a prosecutor with the Queens County District Attorney’s Office, a solo practitioner, and a partner in various firms, most recently at Perlmutter & McGuinness, PC. Judge Perlmutter received his undergraduate degree from Columbia University and his law degree from the University of Wisconsin Law School. Judge Perlmutter is appointed to Civil Court and will be serving in Criminal Court.


Congressman Eliot Engel to Trump Administration: Hands Off the 9/11 Health Program


Congressman Eliot L. Engel, an original cosponsor of the James Zadroga 9/11 Health and Compensation Act, joined Members of Congress from the Tri-State Area to call on the Trump Administration to halt its efforts to separate the World Trade Center Health Program from the National Institute of Occupation Safety and Health (NIOSH).

The World Trade Center Health Program ensures that Americans suffering from debilitating conditions as a result of exposure to toxins from the 9/11 terrorist attacks do not bear any of the financial costs related to those conditions. The Program has afforded medical care to more than 83,000 9/11 survivors and first responders.

In the letter, the Members criticize the Administration for failing to consult with stakeholders, or to recognize the expertise NIOSH staff brings to the Program.

The Members write, “None of the Office of Management and Budget documents describe how the WTC Health Program would be untangled from NIOSH, nor do they address how this change would be achieved without negatively impacting the health of the 9/11 responders and survivors who rely on the WTC Health Program.”

“We have a responsibility to do everything in our power to care for the heroes of 9/11,” Engel said. “We fought an obstructionist Congress for years to ensure survivors and first responders are afforded the care and compensation they deserve, and we must continue fighting to make sure the World Trade Center Health Program is working as we promised it would.”

The full text of the letter is available here.

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Specialized High School Admissions Test Results


   
"The results of this year's Specialized High School Admissions Test are extremely disheartening, and make it crystal clear that this city has a long way to go before it can claim it provides parity in accelerated education to all communities. The percentage of Black and Latino students accepted to the city's specialized high schools actually decreased this year. 
 
"A path to true excellence in education begins at the earliest levels and must be fostered throughout a student's career. All students, no matter where they live, must be provided equal access to gifted and talented education at the earliest levels. A single test must not be the only source of admission to our best public high schools. One's socio-economic background, race, neighborhood or borough must no longer determine the quality of a public education.," said Bronx Borough President Ruben Diaz Jr.

In May 2012, Borough President Diaz issued “An Action Plan for Fixing the Specialized High School Admissions Process.” That report can be read athttp://on.nyc.gov/2I8COLb.

In June 2017, Borough President Diaz and Brooklyn Borough President Eric Adams released a new report, titled “Fixing the Pipeline: Solutions to Disparities in Gifted Education in New York City,” outlining multiple recommendations for the future of gifted and talented education at all levels in New York City’s public schools. That report can be read at http://on.nyc.gov/2IbBLKB.http://on.nyc.gov/2IbBLKB.

EDITOR'S NOTE:

We agree 100 Percent with Bronx BP Diaz Jr., and we say just look at the graduation rates recently released by Mayor Bill de Blasio. Those results showed that Bronx students were still behind their citywide counterparts when it came to just graduating high school.

It is no wonder that in a borough of mostly Black and Latino students that Bronx students are not getting accepted into specialized high schools, but we urge the Bronx BP to look at the quality of education that Bronx students are getting at the elementary and the middle school levels in the Bronx. As one mother said at a school board meeting twenty years, the school she went to had failed her, and was now failing her child. Unfortunately that same school is probably now failing her grandchildren. 

Please Join NYC Council Member Mark Gjonaj for a Cocktail Fundraiser in Support of Nathalia Fernandez




Dear Friend,

In a time of need, our community deserves an Assembly member who will fight to improve our quality of life, support our local businesses, and ensure that our children attend great schools. Your representative must do everything they can to protect our seniors, children, and our most vulnerable residents in New York. 

I will to be that representative this district deserves. 

My experience working in the State Legislature, in the Assembly and later in the Executive Chamber combined with my with my strong relationships in this community, has prepared me to be an effective representative on day one.

My commitment, first and foremost, will be to you. I will be an accessible representative who will always be available to assist in resolving community issues. The well-bring of my district is my top priority. But I can't do this alone. By working together we can make our neighborhoods even stronger.

As such, I would like to invite you to my first fundraiser on Thursday, March 15th at F & J Pine, 1913 Bronxdale Ave, Bronx, NY 10462.

Please encourage and invite your friends, neighbors, and colleagues to attend as well. Please see the attached flyer for full details. I would love the chance to speak to you further about my campaign and my vision for our community.

Only with your full support will we be able to win this election. Please consider making a donation even if you are unable to attend. If you have any questions, please contact me at fernandez4ny@gmail.com.


Sincere Regards, 

Thursday, March 15, 2018
6 p.m. – 8 p.m.
The Pine
1913 Bronxdale Avenue
Bronx, NY 10462
Suggested Donation:

Friend: $100.00 ..........,,,,..Supporter: $250.00,,,,,,,,,,,,,,,,,,,,,
Patron: $500.00 ................Benefactor: $1000.00.......................
Sponsor: $2500.00...............

Please make checks payable to: Fernandez For New York 2199 Cruger Avenue, Apt. 4# Bronx, NY 10462. Fernandez For New York may accept contributions from individuals, businesses, PACS, Corporations & LLCs. Donations are not tax deductible. 

Wednesday, March 7, 2018

BRONX MAN TO GET 15 YEARS TO LIFE IN PRISON FOR FATALLY SHOOTING MAN FOLLOWING FIGHT


Defendant Pleaded Guilty To Murder

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to second-degree Murder for fatally shooting a man he was fighting with and will be sentenced to 15 years to life in prison. 

  District Attorney Clark said, “The defendant escalated a senseless brawl, causing the death of a man who lingered in pain from his injuries for over a month. We hope this sentence serves as a reminder that we will not tolerate gun violence and will continue to work to make our community safer.” 

 District Attorney Clark said the defendant, Frank Ellis, 50, pleaded guilty today to second-degree Murder before Bronx Supreme Court Justice Alvin Yearwood and will be sentenced to 15 years to life in prison on March 28, 2018. 

 According to the investigation, on November 7, 2014, inside a store at 2019 Vyse Ave., the defendant was involved in an argument with Candido Lopez, 52. The defendant punched Lopez, left the store and returned a short time later with a firearm. Ellis fired two shots, striking Lopez, and fled. Lopez died of his injuries five weeks later on December 9, 2014. Ellis, who is a mandatory persistent felon, was arrested on April 17, 2015.

 District Attorney Clark thanked Detectives Lincoln Archambeau of the 48th Precinct and Sean O’Leary of the Bronx Homicide Squad, as well as Assistant District Attorney Tala Nazareno of Trial Bureau 20 for their assistance in the case.

Manhattan Man Arrested For Attempting To Hire Hitman To Murder Three Intended Victims


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that JOEL ROSQUETTE, a/k/a “Rick,” was arrested today for attempting to hire a hitman to murder three intended victims.  ROSQUETTE was presented today in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Joel Rosquette attempted to hire a hitman to murder two of his neighbors in Manhattan and the owner of a gas station in Staten Island.  Now, thanks to the dedicated work of our partners at the FBI, Rosquette’s plan has been foiled, he is in federal custody, and his intended victims are safe.”
FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Rosquette commissioned a hitman to carry out three murders on his behalf.  In the end, he was fooled by the merits of his own plan. Today, we foiled this murder-for-hire scheme, sparing three innocent lives a most unfortunate fate.”
According to the allegations in the Complaint filed today in Manhattan federal court[1]:
ROSQUETTE hired an individual he thought was a hitman to murder two of his neighbors in Manhattan.  Because ROSQUETTE was short on cash, he arranged for the hitman to murder another person first – the owner of a gas station in Staten Island – and rob the gas station’s safe.  ROSQUETTE’s plan was to have the proceeds of the gas station robbery pay for the murder of his two neighbors.  What ROSQUETTE did not know was that the person he thought was a hitman was actually an undercover FBI agent.  This morning, ROSQUETTE was arrested and his plan to commission three murders was foiled.
ROSQUETTE, 50, of Manhattan, New York, is charged with three counts of murder-for-hire, each of which carries a maximum sentence of 10 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
U.S. Attorney Berman praised the outstanding work of the FBI.  
The charges contained in the Complaint 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 Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.