Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - NOVEMBER 7, 2022

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

21 Statewide Deaths Reported on November 4

 "I urge New Yorkers to remain vigilant this November and to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Last week, Governor Hochul launched a new public awareness campaign featuring New York State Health Commissioner Dr. Mary T. Bassett speaking directly to New Yorkers about three viruses - Respiratory Syncytial Virus (RSV), flu and COVID-19 - now circulating in the state with similar symptoms and the potential to cause serious illness. Produced by the New York State Department of Health, the videos include a short clip and a longer version geared toward parents; and a version aimed specifically at health care providers.  

Governor Hochul continues to remind New Yorkers that children ages 5 and older may now receive the bivalent booster shots that are recommended to increase protection against COVID-19. 

The Governor also urges New Yorkers to get their bivalent COVID-19 vaccine boosters. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.  

In addition, Governor Hochul encourages New Yorkers to get their annual flu vaccine as flu season is widespread across New York State. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.  

The State Department of Health is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. Advertisements in both English and Spanish language began running last month. 

For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/.

Today's data is summarized briefly below:    

1. Cases Per 100k - 15.71
2. 7-Day Average Cases Per 100k - 20.53
3. Test Results Reported - 41,661
4. Total Positive - 3,070
5. Percent Positive - 6.57%**     
6. 7-Day Average Percent Positive - 5.88%**      
7. Patient Hospitalization - 2,804 (+0)*
8. Patients Newly Admitted - 453*
9. Patients in ICU - 288 (-15)*
10. Patients in ICU with Intubation - 87 (-15)*
11. Total Discharges - 358,728 (+412)*
12. New deaths reported by healthcare facilities through HERDS - 21*  
13. Total deaths reported by healthcare facilities through HERDS - 58,924 *  

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.       

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.      

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

• Total deaths reported to and compiled by the CDC - 75,220

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.    

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:        

Borough	Friday,   November   4, 2022	Saturday,   November   5, 2022	Sunday,   November   6, 2022
Bronx	6.57%	6.54%	6.52%
Kings	4.27%	4.34%	4.43%
New York	6.01%	5.79%	5.78%
Queens	6.75%	6.82%	6.77%
Richmond	5.57%	5.48%	5.45%

Attorney General James Wins $5.1 Million from Notorious Buffalo Landlord To Fund Childhood Lead Poisoning Prevention in Erie County

 

Angel Elliot Dalfin Persistently and Brazenly Violated Lead Protection Laws, Resulting in Dozens of Cases of Childhood Lead Poisoning

 New York Attorney General Letitia James today won her $5.1 million lawsuit against against Angel Elliot Dalfin, a Buffalo-area landlord whose flagrant and egregious violations of lead safety laws resulted in more than two dozen reported cases of childhood lead poisoning. Erie County Supreme Court Justice Catherine Nugent Panepinto ordered Dalfin to pay $5.1 million in restitution and penalties, which will fund ongoing childhood lead poisoning prevention programs administered by the City of Buffalo and Erie County, as well as efforts to eliminate lead hazards in homes.

Dalfin and his rental housing operation owned and managed more than 150 single- and two-family homes in predominantly low-income communities of color. Seven properties had multiple cases of childhood lead poisoning reported.

“Angel Dalfin’s disregard for the health and wellbeing of his tenants and their families is as shocking as it is depraved. As a result of his reckless negligence, more than two dozen children are suffering the effects of lead poisoning,” said Attorney General James. “While no amount of money can reverse the damage he’s wrought, today’s landmark decision will fund invaluable lead poisoning prevention and abatement efforts throughout Erie County. Let this be a warning to all other landlords who would try to shirk their responsibilities: if you put children in harm’s way, my office will hold you accountable.”

In 2020, Attorney General James filed a lawsuit against Dalfin and the rental housing operations he controlled, alleging that Dalfin persistently violated city, county, state, and federal laws by failing to address lead paint-related hazards in the rental properties he owned. The allegations included repeated housing code violations, such as chipping, peeling, and deteriorating paint and other conditions conducive to lead poisoning, and allowing paint to deteriorate to the point of being a lead hazard instead of taking preventive actions.

In April, Justice Panepinto sided with the Office of the Attorney General (OAG), finding Dalfin and his rental housing operation liable for the factual allegations made in the suit, including engaging in 126 instances of deceptive acts or practices, committing repeated fraud and illegality, and creating and contributing to a public nuisance. Dalfin and his affiliates were also permanently banned from renting or managing residential properties in New York state.

Today, in response to a request filed with the court by Attorney General James in July, Justice Panepinto awarded $5,094,018.45 in total penalties and restitution against Mr. Dalfin and his group. The award included:

• $630,000 total penalties for violations of state law requiring landlords to provide full and accurate information to tenants about known risk of lead exposure to children and known instances of lead paint and lead paint hazards. Attorney General James' July filing with the court stated that Dalfin and his affiliates “ignored their obligations and lied to tenants,” about lead risks in their properties.
• $3,101,900 in restitution for ongoing violations of the Erie County Sanitary Code involving conditions conducive to lead poisoning, such as chipping, peeling, and deteriorating paint. In her July filing, Attorney General James cited one property, where a child resided that had 16 different lead hazard violations that were left unremedied by Dalfin for over 620 days and another property where seven violations were ignored for almost 880 days.
• $1,263,478.45 as disgorgement of a portion of rents received by Dalfin and his affiliates on properties with city or county lead paint-related code violations, as a remedy to what Attorney General James in the July filing called the “wide-ranging persistent and repeated illegality through which [the group] conducted their rental operation in Buffalo.” Attorney General James noted that, between 2013 and 2020, at least 63 of the Dalfin properties were cited for conditions conducive to lead poisoning.

Dalfin has now either sold or abandoned all properties he once owned or managed in Buffalo.  To help ensure that any remaining lead hazards in these properties are identified and corrected, OAG has contacted all tenants of the properties to inform them of their rights to lead-safe housing, as well as all new owners to inform them of their lead-related obligations.  In addition, the Attorney General is working closely with Heart of the City Neighborhoods, Inc., a non-profit community redevelopment agency, to rehabilitate several former Dalfin houses and provide lead-safe housing to the former tenants in those houses and help improve the neighborhoods Dalfin poisoned for years.

The poisoning of children from lead paint in aging rental housing is an ongoing national public health crisis, but is of particular concern in New York state, especially in Buffalo and the surrounding area. According to a 2018 study, the city of Buffalo suffers from some of the highest rates of childhood lead exposure in the nation, citing “poor housing conditions in old homes with lead paint.” In the Buffalo region, children who live in communities of color are 12 times more likely than children who live in predominately white neighborhoods to be diagnosed with an elevated blood lead level. Elevated blood lead levels are also more prevalent in Buffalo’s low-income neighborhoods than high-income neighborhoods.

Attorney General James thanks Erie County and the City of Buffalo for their close collaboration and partnership on this matter. The OAG will continue to work with local partners statewide to combat childhood lead poisoning.