Office of the New York State Comptroller - Fare Revenue Considerations for the Metropolitan Transportation Authority

 

MTA Faces Substantial Gaps That Will Require Cost and Revenue Solutions

Even before the pandemic, the Metropolitan Transportation Authority, which provides transit (subway and bus), express bus, commuter rail and paratransit services to the New York region, faced difficulties in closing its projected budget gaps. These gaps were exacerbated by the pandemic, which took a substantial toll on ridership and related revenue, necessitating an unprecedented level of federal funding to maintain service operations. The MTA reports that budget gaps will total more than $2.5 billion annually once federal pandemic relief is exhausted in 2025, in addition to $401 million in known budget risks, and other difficult to quantify spending and economic risks, detailed in an October 2022 report by the Office of the State Comptroller (OSC).

The forecasted budget gaps and emerging risks will eventually require the MTA to balance its budget either by raising revenue or reducing expenses. Current MTA projections anticipate annual average spending growth of 3 percent compared to 4 percent in the decade prior to the pandemic. OSC has encouraged the MTA to examine using cost and revenue efficiencies, such as better alignment of train service with demand, to potentially provide more cost-efficient service while improving farebox revenue. The current target of $100 million in unspecified savings should be identified and can be expanded substantially to help close the gaps. However, efficiencies alone are unlikely to close gaps of this magnitude, meaning more painful decisions for the MTA and its riders, via raising fares beyond historically accepted increases, finding new sources of subsidies or decreasing service to reduce costs. Each of these poses risks for the region’s economic recovery.

The MTA has suggested to its board that decreasing service is currently not part of its financial plan given the availability of federal aid, and that the Authority’s reduction of service would be counter to regional economic recovery. Recognizing the impact of the fundamental change in its revenue composition with more people working from home leading to less regular ridership, the Authority has cited the need for new revenue to maintain service at or near pre-pandemic levels. To reflect the actual trajectory of transit and commuter rail ridership’s return more closely, the MTA is using a new ridership analysis developed by its consultant, McKinsey. McKinsey expects MTA-wide utilization trends to reach new baselines between 73 percent and 88 percent of pre-pandemic levels by 2026. Bolstering ridership and the revenue it generates by committing to safe, reliable and frequent service remains the most sustainable way to improve the MTA’s finances and close budget gaps.

The MTA’s current financial plan identifies recurring budget gaps of over $2.5 billion starting in 2025, after it uses nearly all of its federal relief aid to fund operations over the next two years. The Authority has also put forward an alternative plan to narrow its recurring budget gaps through 2028 by using early debt repayment (see Figure 1). However, budget gaps would emerge earlier, beginning in 2023, before settling at about $1.6 billion in 2024. As part of the plan, the MTA would also eliminate a projected $180 million in recurring debt service costs through 2053, which are associated with debt for operations that the Authority borrowed during the height of the pandemic. The paydown of the outstanding notes and bonds would reduce the size of the budget gaps by an average of $915.4 million through 2028.The budget gap emerging in 2023 would accelerate a conversation over how to raise the revenue necessary to help close the budget gaps in combination with spending adjustments. Avoiding the long-term cost of borrowing for operations and paying down debt are generally sound budgetary practices. After 2028, however, another fiscal cliff will approach as the proposed debt defeasances end. The MTA’s presentation of its revenue needs should extend further to help the public understand ridership expectations and other sources of revenue and how its decisions now will help it respond to filling this new, although more manageable, budget gap.

This brief looks to understand the current composition of MTA revenue, analyze changes to MTA revenue over time, and provide a comparison of revenue against other large U.S. transit systems. The trend and comparison analysis provides some considerations of the MTA’s revenue composition over time and against peers for the public, its board and legislators to assist decisionmakers in pursuing revenue options to close upcoming budget gaps. The MTA’s peers are less reliant on farebox revenue and are funded more like an essential service. The MTA, too, has characterized itself the same way in recent months.

FIGURE 1: MTA Budget Gaps

Note: OSC risks are provided in detail in OSC Report 9-2023: Financial Outlook for the Metropolitan Transportation Authority.

Sources: Metropolitan Transportation Authority; OSC analysis

MTA Revenue Sources

MTA revenue from the Great Recession until the pandemic had grown consistently, led by a period of economic growth and regular, anticipated fare increases. OSC selected 2010 as a baseline year for this analysis, as this was the first full year the MTA received the payroll mobility tax, a surcharge levied on employer payrolls in the 12-county commuter district. This new tax was needed to replace revenue to the MTA from the real estate transaction tax, which dropped from $1.6 billion in 2007 to $389 million in 2009 and $438 million in 2010.

As shown in Figure 2, MTA farebox revenue was about $4.6 billion, or 44.4 percent of total revenue, in 2010. The MTA raised fares five times between 2010 and 2019 which, coupled with increased ridership, led to a fare revenue increase of 38.5 percent by 2019, to nearly $6.4 billion. Despite these increases, fares as a percentage of total revenue declined slightly to 42.1 percent in 2019, which was mostly due to substantial growth in other revenues, most notably real estate transaction taxes. Overall revenue growth, excluding fare revenue, rose by 52 percent. Other revenues grew substantially as economic growth continued, most notably led by real estate transaction taxes which more than doubled during that period (153 percent).

FIGURE 2: MTA Farebox Revenues as Percentage of Total Revenue

Sources: Metropolitan Transportation Authority; OSC analysis

The pandemic decimated fare revenues at the MTA and at transit systems across the country. Ridership still has not returned to pre-pandemic levels with fares expected to be only 24.5 percent of total revenue in 2022. The drop in fare revenue has been substantially made up via federal pandemic relief aid to the Authority. The MTA has $5.6 billion in federal aid to be spread over the period from 2023 through the end of the financial plan, dropping off substantially beginning in 2025.¹

Fare revenue is expected to be the largest source of growth among all revenue sources between 2022 and 2026, rising by 29 percent. The MTA expects fare revenue (including proposed fare increases in 2023 and 2025) to rebound to 32.2 percent of total revenue in 2026, but that remains 10 percentage points lower than its share in 2019. (The share of total revenues in 2026 would be 30.7 percent without proposed fare increases.)

In contrast, none of the MTA’s major tax subsidy sources, including the Metropolitan Mass Transportation Operating Assistance (MMTOA), payroll mobility tax and real estate transaction taxes, are expected to rise by more than 7 percent over the same period, with toll revenue remaining flat over the period.² Each of these revenue sources would also be materially impacted by a severe recession. The City, which levies real estate transaction taxes on a broader set of properties than the MTA, assumes real estate related tax collections will decline and not recover through 2026.

As shown in Figure 3, fare revenue in 2026 (even including proposed fare increases in 2023 and 2025) would still be lower both in terms of dollars and as a share of the budget than in 2019, which is contributing to a fiscal cliff. The MTA currently forecasts a $2.5 billion budget deficit in 2026 as extraordinary federal funding that is currently helping it to offset the decline in fare revenue and balance its budget is mostly exhausted. If the MTA were to raise fares beyond what is budgeted to reach 2019 levels, the increase would be more than 19 percent from currently planned levels, including proposed fare increases.

FIGURE 3: MTA Revenue Sources (Excluding MTA Bridges & Tunnels)

(in millions)

Note: Farebox revenue in 2026 includes planned fare increases in 2023 and 2025.

Sources: Metropolitan Transportation Authority; OSC analysis

Comparison of MTA Revenues with Other Large Transit Systems

Even before the pandemic, the MTA was unique in its reliance on riders and also in its commuters’ reliance on the MTA’s services. More than half of City residents used public transit to commute to work in 2019. The New York City metro area also had the largest share of commuters who use public transit among comparable metro areas served by combined bus and subway operations in the U.S.

As shown in Figure 4, in 2019, MTA farebox revenue contributed 42.1 percent of revenue dedicated to mass transit while other transit systems in large U.S. cities selected below ranged from 31 percent in Boston’s Massachusetts Bay Transportation Authority (MBTA) to 35.7 percent in the Washington Metropolitan Area Transit Authority (WMATA). If the MTA received subsidies in 2019 at the same rate as WMATA, it would have received another $700 million. If it received subsidies in 2019 at the same rate as the MBTA, it would have received another $1.7 billion. The other two systems analyzed, Philadelphia’s Southeastern Pennsylvania Transportation Authority (SEPTA) and Chicago’s Regional Transportation Authority (RTA), both had subsidy revenue shares within this range.

Comparable systems chosen for this analysis were picked based on their size and the provision of bus, commuter, and heavy rail (subway) services and the share of total revenues provided by fares prior to the pandemic. One comparable system by size and services, the Los Angeles County Metropolitan Transportation Authority (LACMTA), was left out as fares made up less than 10 percent of total revenue in 2019. LACMTA is also unique in that it received federal operating support that exceeded fare revenue in that year. Generally, federal operating revenue is a minor portion of major transit system revenues.

FIGURE 4: MTA Revenue Sources Compared to Other Large Transit Systems, 2019

Note: MTA does not include MTA Bridges & Tunnels revenue but includes the toll surplus provided to mass transit.

Sources: Metropolitan Transportation Authority; Other systems' financial statements; OSC analysis

Of the five systems examined here, three (RTA, MBTA and SEPTA) are primarily subsidized by state and local sales tax. In 2019, the RTA received 92 percent of its subsidies from various sales taxes while MBTA and SEPTA received more than 75 percent of its subsidies from sales taxes. By comparison, WMATA receives all of its subsidies from county budgets and by the Washington, D.C. budget. It is also notable that two of the systems, RTA and WMATA, receive a higher share of revenue from other operating sources. The Metropolitan Transportation Sustainability Advisory Workgroup, charged with understanding the MTA’s revenue woes in 2018, suggested leveraging advertising and real estate assets as an area for new revenue generation initiatives.

In 2019, the MTA received 45 percent of its subsidies from taxes tied to economic activity including employment and consumer consumption, such as the payroll mobility tax and sales and use tax, corporate surcharges and petroleum business tax revenues. A portion of these subsidies are deposited in the MMTOA account and then distributed to all downstate transit providers, including the MTA.

The MTA also receives subsidies from often volatile real estate transaction taxes, which made up 14 percent of tax subsidies in 2019 but only 8 percent in 2010. In addition, while the MTA currently anticipates real estate transaction taxes will grow from 2022 to 2026, New York City has already projected that these taxes will decline by about 23 percent in City fiscal year (FY) 2023 and remain below FY 2022 levels through FY 2026 while the MTA anticipates these taxes will grow throughout the plan period. Of the other systems examined, only the RTA receives funding (8 percent of subsidies in 2019) from real estate taxes.

The MTA is also the only one of the five systems examined here to receive toll subsidies as surplus toll revenue, for mass transit. This surplus from MTA Bridges & Tunnels crossings is then dedicated to New York City Transit and the commuter railroads. In 2019, drivers contributed a total of $1.4 billion to the MTA’s mass transit services through these tolls and through motor vehicle fees, auto rental taxes and congestion surcharges on taxi and for-hire vehicle rides in or originating in the central business district of Manhattan.³ The MTA also receives funds from local governments’ budgets, including New York City's.

The MTA must continue to search out operating efficiencies and identify and expand cost-saving options in order to close its expected budget gaps. It must also report on these savings initiatives progress to help the public understand just how much of the gap can be closed without putting additional pressure on riders and taxpayers. However, their magnitude makes it unlikely that they can be closed by reducing spending alone without leading to a substantial reduction in services and hurting the regional economic recovery. The MTA will have to provide its board with options that rely on raising revenues as well, and the board’s control is limited to raising fares and tolls. Ultimately, State, City and federal leaders will also need to be a part of the discussion if the MTA is to identify and secure additional subsidies to achieve balanced budgets and maintain operations.

Endnotes

1 The $5.6 billion is net of federally funded expenditures that have already been accrued or agreed upon, including $800 million in Federal Emergency Management Agency aid for prior expenditures associated with the COVID-19 pandemic, $776 million expected to be used in 2022 and $598 million for replacing a portion of City subsidies for MTA Bus and the Staten Island Railway. Total COVID-19 pandemic aid planned to be used from 2022 through 2026 is approximately $6.9 billion.

2 MMTOA provides general operating subsidies for the MTA and downstate transportation systems. MMTOA funds come from sales and use taxes and a corporate surcharge on general business corporations in the Metropolitan Commuter Transportation District, and a share of statewide corporate franchise tax and petroleum business taxes.

3 The MTA also received $649 million in 2019 from petroleum business taxes imposed on petroleum businesses but not directly paid by drivers.

Attorney General James Announces Indictment of Long Island Nursing Home Staff for Sexually Assaulting a Resident

 

Former Fulton Commons Nurse Charged with Sexually Assaulting a Resident and Director of Nursing Charged with Covering Up the Sexual Abuse

New York Attorney General Letitia James today announced the indictment of staff at Fulton Commons Care Center, Inc. (Fulton Commons), a nursing home in East Meadow, New York, for sexually assaulting a resident and then attempting to cover it up. Daniel Persaud, a former Licensed Practical Nurse at Fulton Commons, was charged with sexually assaulting a resident at the facility in the fall of 2020, and Carol Frawley, a former Director of Nursing and a high managerial agent acting on behalf of Fulton Commons, was charged with multiple counts of falsifying business records for covering up sexual assault and failing to report it.

“The charges against Daniel Persaud and Carol Frawley are disturbing and appalling, and that those tasked with the care of our most vulnerable could cause such harm violates the trust New Yorkers are expected to have in nursing homes,” said Attorney General James. “Fulton Commons, Frawley, and Persaud allegedly committed horrific abuses against a resident and knowingly hid those actions. These heinous crimes will not go unchecked — and my office will ensure these individuals are held accountable.”

In the indictment, a Nassau County Grand Jury charged Daniel Persaud with Sexual Abuse in the Third Degree, Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, Endangering the Welfare of a Vulnerable Elderly Person, or an Incompetent or Physically Disabled Person in the Second Degree, Willful Violation of Public Health Laws, and Forcible Touching for an act committed against a female resident at Fulton Commons between October 1, 2020, and November 26, 2020.

The Grand Jury also charged Carol Frawley with two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, multiple counts of Falsifying Business Records in the First Degree, and Willful Violation of Public Health Laws. The Indictment alleges that Carol Frawley, acting on behalf of Fulton Commons, intentionally lied on internal records that should have accurately reported complaints regarding Daniel Persaud’s conduct from residents and staff. Carol Frawley is also alleged to have failed to report complaints to the New York State Department of Health (DOH) as required by law whenever staff have reasonable cause to believe a resident has been abused, mistreated, or neglected.

The Indictment further alleges that by failing to take disciplinary action against Daniel Persaud or report his conduct to DOH, Carol Frawley and Fulton Commons endangered the residents in their care.

Daniel Persaud and Carol Frawley appeared today before the Honorable Terrence Murphy in Nassau County Court. The individuals and Fulton Commons are next required to appear in court on December 21, 2022.

The charges filed in this case are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law. 

Attorney General James encourages anyone with information or concerns about nursing home conditions to file confidential complaints online or call the hotline at (833) 249-8499.

MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. MFCU is a part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

MFCU’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.

Governor Hochul Announces Completion of $82 Million Affordable and Supportive Housing Development in Brownsville

 

Vital Brookdale Complex Features 160 Apartments and Health-Focused Community Space in Energy-Efficient Modern New Building in Central Brooklyn

First Building Completed Under the State's Vital Brooklyn Initiative That is Creating 4,000 Affordable Homes and Addressing Health Disparities in Central Brooklyn

 Governor Kathy Hochul today announced the completion of 160 affordable and supportive homes and over 25,000 square feet of health-focused community space in Brownsville, Brooklyn. Known as Vital Brookdale, the $82 million development is the first of ten affordable housing developments to be completed under the Vital Brooklyn Initiative to address historic inequities and disinvestment in Central Brooklyn.

"Central Brooklyn's critical health and housing needs have gone unmet for far too long, but in response we are approaching them with bold and innovative solutions," Governor Hochul said. "Thanks to the Vital Brooklyn Initiative, we are working closely with local partners to create more housing, improve access to health care, and provide the types of supportive services that residents need to thrive. Vital Brookdale is the latest example of my administration's commitment to boosting the supply of quality of affordable homes for all New Yorkers."

Vital Brookdale complements Governor Hochul's goal of achieving two million climate friendly homes by 2030 and her sweeping plans to make housing more affordable, equitable, and stable. In the FY 2023 State Budget, the Governor introduced and successfully secured a $25 billion, five-year, comprehensive housing plan will increase housing supply by creating or preserving 100,000 affordable homes across New York including 10,000 with support services for vulnerable populations, plus the electrification of an additional 50,000 homes.

The development is part of the state's $1.4 billion Vital Brooklyn Initiative that is addressing chronic social, economic, and health disparities in Brooklyn's high-need communities by creating 4,000 units of affordable housing.

Located at 535 E. 98th St 11212, Chandler-Waterman's district, Vital Brookdale is a 160-apartment, seven-story building with 36 units set aside as supportive housing. There are 10 apartments for youth aging out of foster care and 26 apartments for individuals with intellectual and/or developmental disabilities. On-site supportive services are provided by The New York Foundling. For the youth aging out of foster care, assistance is in concert with the NYS Office of Children and Family Services through participation in the Empire State Supportive Housing Initiative. Supportive services for the individuals with intellectual and/or developmental disabilities are supported by the NYS Office for People With Developmental Disabilities.

There are 32 studios, 63 one-bedroom, 59 two-bedroom, and six three-bedroom units. Most of the apartments will be reserved for households earning at or below 60 percent of the Area Median Income with 26 reserved for households earning up to 80 percent of the AMI.

The 25,000 square feet of health-focused community space will offer a medical clinic run by Brookdale Hospital, a community job training program, a community fresh food program and office space for The New York Foundling.

Residents have access to a second-floor terrace, and landscaped front and rear courtyards with a dog run, playground, and passive recreation and seating areas. There is free building-wide wireless internet access, in keeping with the Governor's goal of eliminating the digital divide; a multi-purpose community room; game room; library/resident co-working space; fitness room; laundry room; cold-storage locker and package rooms; and a bike storage room.

The development is pursuing Passive House Institute US (PHIUS) + 2015 certification, an international standard of building for maximized energy efficiency. Vital Brookdale has a 100kW roof-mounted solar photovoltaic system, high performance mechanical systems, insulation and windows, LED lighting, low-flow water fixtures, along with other energy efficient measures to enhance comfort, affordability, and sustainability.

The development team includes MDG Design + Construction, Smith & Henzy Affordable Group and The New York Foundling.

State financing for Vital Brookdale includes $13.9 million in permanent tax-exempt bonds, federal Low-Income Housing Tax Credits that will generate $32.8 million in equity and an additional $30.4 million in subsidy from New York State Homes and Community Renewal. NYSERDA's Multifamily New Construction Program will provide $300,000 in support along with more than $161,000 in NY Sun incentives. The New York State Office for People With Developmental Disabilities will provide funding for supportive services and rental subsidies for 26 supportive units and the New York State Office of Mental Health will provide funding for supportive services and rental subsidies for 10 supportive units.

Seventeen New York City And State Public Employees Charged With Fraudulently Obtaining Pandemic Relief Loans

 

Nineteen Defendants Total Charged with Allegedly Submitting Fraudulent Applications for U.S. SBA Paycheck Protection Program and Economic Injury Disaster Loans, Most of Whom Were Currently or Previously Employed by New York City or New York State

Damian Williams, the United States Attorney for the Southern District of New York, Thomas M. Fattorusso, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and Amaleka McCall-Brathwaite, Eastern Region Special Agent in Charge of the U.S. Small Business Administration, Office of Inspector General (“SBA-OIG”), announced today the unsealing of a Complaint charging RODNEY SMITH, DENISE GANT, EBONY SIMON, PHYA SCOTT, PRISCILLA JACKSON, SHARON CHARLES, YOLANDA LAWRENCE, YOLANDA RATCLIFF, and ZHANE RATCLIFF with conspiring to commit wire fraud by submitting fraudulent SBA loan applications, as well as Complaints charging BRANDON BOYLE, DELILAH CUMMINGS, VASHAWN FOREMAN, TREVOR GORDON, DIONE HALL, TONI MCCULLOUGH, JAROD OTTLEY, RONETTE SHORT, EDWIN SKEPPLE, and WALTER SUSSWELL individually with wire fraud for submitting fraudulent loans under the SBA’s Economic Injury Disaster Loan (“EIDL”) program and/or its Paycheck Protection Program (“PPP”).  Most of the defendants were arrested this morning. BOYLE, CUMMINGS, FOREMAN, GORDON, HALL, MCCULLOUGH, OTTLEY, SHORT, SKEPPLE, and SUSSWELL will be presented this afternoon before Magistrate Judge Stewart D. Aaron in Manhattan federal court.  SMITH, GANT, CHARLES, LAWRENCE, YOLANDA RATCLIFF, and ZHANE RATCLIFF will be presented this afternoon before Magistrate Judge Sarah Netburn in Manhattan federal court.  SIMON, SCOTT, and JACKSON are not in custody.

U.S. Attorney Damian Williams said: “Scheming to steal Government funds intended to help small businesses weather a national emergency is offensive.  And, as public employees, these folks should have known better.  This Office will continue to prosecute those who use fraud to line their pockets with taxpayer money.”

IRS-CI Special Agent in Charge Thomas M. Fattorusso said: “Of those arrested today are civil servants, NYPD employees, and a Captain for the Department of Corrections.  These are individuals who held positions of trust and had strong, stable jobs while so many people struggled during the pandemic.  The message that these arrests are sending should be a clear one. Nobody is above the law and while the pandemic has receded from the headlines, IRS-CI’s commitment to bringing those who defrauded these programs to justice remains unwavering.”

SBA-OIG Special Agent in Charge Amaleka McCall-Brathwaite said: “It is especially egregious when individuals that hold positions of public trust engage in criminal activity.  OIG is committed to rooting out bad actors and protecting the integrity of SBA programs.  I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”

According to the 11 Complaints unsealed today in Manhattan federal court and publicly available information:[1]

RODNEY SMITH, DENISE GANT, EBONY SIMON, PHYA SCOTT, PRISCILLA JACKSON, SHARON CHARLES, YOLANDA LAWRENCE, YOLANDA RATCLIFF, and ZHANE RATCLIFF, together with others known and unknown, conspired together to obtain fraudulent SBA loans.  GANT, SIMON, SCOTT, YOLANDA RATCLIFF, and ZHANE RATCLIFF were each employees of the New York City Police Department (the “NYPD”); LAWRENCE was an employee of the New York City Human Resources Administration; JACKSON was an employee of the Metropolitan Transit Authority; and CHARLES was an employee of a non-profit organization in New York City.  During the summer of 2020, they each conspired with SMITH and others to submit fraudulent applications for loans to the SBA’s EIDL program.  The fraudulent loan applications submitted in the names of the defendants made similar false claims about gross revenues and number of employees, and many of the applications claimed that the defendants operated hair and nail salons.  Many of the defendants paid kickbacks to SMITH and/or other members of the conspiracy after their fraudulent loans were funded.

BRANDON BOYLE, DELILAH CUMMINGS, VASHAWN FOREMAN, TREVOR GORDON, DIONE HALL, TONI MCCULLOUGH, JAROD OTTLEY, RONETTE SHORT, EDWIN SKEPPLE, and WALTER SUSSWELL each submitted one or more fraudulent applications for loans under the SBA’s PPP and/or EIDL program.  BOYLE and SUSSWELL worked for the NYPD; CUMMINGS, MCCULLOGH, and FOREMAN worked for the New York City Department of Education; SKEPPLE worked for the New York City Department of Corrections; GORDON had recently retired from the New York City Department of Corrections; OTTLEY worked for the New York City Department of Transportation; and SHORT worked for the New York City Administration for Children’s Services.  Frequently, the applications for these defendants, which were submitted at various times in 2020, were on behalf of purported sole proprietorships in the defendants’ own names.  In support of their fraudulent loan applications, the defendants claimed six-figure gross revenues for businesses that actually earned far less, if they existed at all.  Many defendants claimed employees that they did not actually have, and many spent the proceeds of their loans on personal expenses, including in-person gambling at casinos, online gambling, personal stock investments, home furniture and electronics, and luxury clothing items.

Across all of these schemes, the defendants collectively stole more than $1.5 million from the SBA and financial institutions that issued SBA-guaranteed loans and intended or attempted to steal hundreds of thousands of dollars more.

RODNEY SMITH, 54, DENISE GANT, 52, EBONY SIMON, 45, PHYA SCOTT, 51, PRISCILLA JACKSON, 41, YOLANDA LAWRENCE, 48, and ZHANE RATCLIFF, 27, all of Brooklyn, New York, SHARON CHARLES, 56, of Queens, New York, and YOLANDA RATCLIFF, 48, of Inwood, New York, are each charged with conspiracy to commit wire fraud and wire fraud.  Each of those charges carries a maximum penalty of 20 years in prison.  SMITH is also charged with a single count of aggravated identity theft, which carries a mandatory two-year consecutive sentence.  VASHAWN FOREMAN, 40, DIONE HALL, 55, and WALTER SUSSWELL, 28, all of Queens, New York, DELILAH CUMMINGS, 37, TREVOR GORDON, 66, TONI MCCULLOUGH, 39, and RONETTE SHORT, 40, all of Brooklyn, New York, BRANDON BOYLE, 31, of New York, New York, JAROD OTTLEY, 57, of Valley Stream, New York, and EDWIN SKEPPLE, 40, of West Nyack, New York, are each charged with wire fraud, which carries a maximum penalty of 20 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the outstanding work of the Special Agents of the U.S. Attorney’s Office and agents from the IRS-CI and the SBA-OIG.  Mr. Williams also thanked the NYPD’s Internal Affairs Bureau and the New York City Department of Investigation for their assistance in the investigation of these cases.

The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 [1] As the introductory phrase signifies, the Complaints and the descriptions of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.

MAYOR ADAMS ANNOUNCES OPENING OF SATELLITE ASYLUM SEEKER RESOURCE NAVIGATION SITES TO SUPPORT NEWLY ARRIVING ASYLUM SEEKERS

 

Eight Satellite Asylum Resource Navigation Sites Will Provide Range of Services to Asylum Seekers Throughout New York City 

New York City Mayor Eric Adams and Mayor’s Office of Immigrant Affairs (MOIA) Commissioner Manuel Castro today announced an additional eight Asylum Seeker Resource Navigation sites that will be opened across the five boroughs, in an effort to continue supporting newly arrived individuals and families seeking asylum. Eight community-based organizations have been chosen and granted $2.1 million to run these sites that will build on the ongoing work of the city’s first Asylum Seeker Resource Navigation Center, operated by Catholic Charities of New York. 

“The city’s first Asylum Seeker Resource Navigation Centers has served nearly 7,000  individuals since opening a few short months ago, and I’m proud to expand the footprint of this important work across all five boroughs to support the asylum seekers arriving in our city every day,” said Mayor Adams. “In partnership with these eight community-based organizations, these additional centers will help support the more than 26,000 asylum seekers who have arrived here in New York City with a range of services including legal assistance, medical care, and school enrollment. New York City will continue to do all we can to meet our moral and legal mandates and welcome and support asylum seekers arriving here, and these sites will play an important role delivering critical services directly to families and individuals who need them.”  

“Throughout the city’s response to the asylum seeker crisis, we have worked in partnership with community-based organizations,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “Today’s announcement builds upon that work and offers additional layers of support for individuals and families seeking a new home in New York City. Thank you to our partners who will continue to serve asylum seekers at satellite locations in all five boroughs.”  

“New York City has led the nation’s response to the influx of asylum seekers, launching the first Asylum Seeker Navigation Center,” said MOIA Commissioner Castro. “Today, we take another stride forward by announcing several community organizations that will serve as satellite sites across the five boroughs to support our new neighbors. Through this effort, our administration will continue to lead with care and compassion and empower our newest New Yorkers with resources and services.”   

The selected organizations will provide individuals and families with in-person support — in Spanish and in other languages — including a variety of supplemental services, comprehensive case management, and immigrant rights workshops: 

• Aid for Aids International 
• African Communities Together (ACT) 
• Catholic Charities Community Services, Archdiocese of New York 
• Catholic Charities Neighborhood Services Brooklyn & Queens 
• Coalicion Mexicana 
• La Colmena 
• Mercy Center 
• Mixteca Organization 
• New Immigrant Community Empowerment (NICE)

The city’s first Asylum Seeker Resource Navigation Center — located at the American Red Cross of Greater New York headquarters — will continue to operate on weekdays from 9:00 AM to 5:00 PM and provide individuals and families with in-person support. Services at the navigation center and Catholic Charities sites will be available by appointments and walk-ins are accepted in all other locations. Appointments can be made by community-based partners and certain city agencies, including city shelter staff. Since this humanitarian crisis began, the city has — largely on its own — taken fast and urgent action, managing the arrival of a rapidly increasing number of buses across New York City with virtually no coordination from states sending them — opening 57 hotels as emergency shelters and three humanitarian relief centers already.   

“Expanding access and resources for those seeking asylum is important as we work to ensure newly arrived immigrants are welcomed with dignity and respect,” said Beatriz Diaz Taveras , executive director, Catholic Charities Community Services. “Catholic Charities of New York is excited that we can continue our partnership with the Mayor’s Office of Immigrant Affairs, and extend our reach through 11 impactful organizations that will help to support this incoming population. As an extension of our work at the Asylum Seeker Resource Navigation Center, these satellite sites will help to provide much-needed on-the-ground case management services in all five boroughs.” 

“The immigrants coming to New York seeking asylum and inclusion are diverse and include significant numbers of West Africans and other Black migrants,” said Amaha Kassa, executive director, ACT. “New York's African immigrant communities are already welcoming these new New Yorkers into our mosques, churches, and community centers. ACT is proud to partner with the city on the Asylum Seeker Navigation Center to provide them with greater support and stability.”

“La Colmena has been one of the organizations that has been in the forefront in Staten Island in welcoming asylum seekers by providing them with free construction workforce classes, pre-apprenticeship programs, English classes and most importantly a community,” said Yesenia Mata, executive director, La Colmena. “Every asylum seeker we speak to lets us know that they are here to work to provide for their families and contribute to the economy. As a satellite we will continue working with all city agencies and organizations on Staten Island to ensure that all workers regardless of immigration status get the support that they need.” 

“The Mexican Coalition is proud to be part of a quality and effective welcome for our migrant community and all those who arrived seeking asylum,” said Jairo Guzman, president, Mexican Coalition. “We thank MOIA, which is committed to supporting migrants and all seeking help in New York City. Grassroots organizations are part of the great infrastructure of New York City to help all its residents. MOIA shows its availability by supporting the creation of welcome centers and incorporating Coalicion Mexicana into its mission.”

“Asylum Seekers have gone through a difficult ordeal over the past few months. In order to support them, our organization is joining the city’s effort to connect asylum seekers and their families with critical services and resources they need to thrive,” said Lorena Kourousias, executive director, Mixteca.  

“NICE connects new immigrants and asylum seekers to essential services, including health and safety trainings daily, but we cannot address the increasing need of this community alone. We’re thrilled to partner with the city of New York and other vital organizations to provide holistic and essential wrap-around services to our newest New Yorkers as a satellite site for the new Asylum Seeker Navigation Center,” said Diana Moreno, executive director, NICE. “Together we can ensure our new neighbors are welcomed with the dignity and respect they deserve.” 

DEC Announces More Than $500,000 Now Available for Grants to Support Eligible Dam Repairs

 

Funding Available to Local Government and Non-Profit Owners of ‘High Hazard’ Dams for Pre-Construction Activities

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced $564,925 in grant funding is now available to assist eligible dam owners with infrastructure repair costs. Funding is provided through the Federal Emergency Management Agency's (FEMA) High Hazard Potential Dam grant program. DEC is accepting applications for grants to assist with technical, planning, design, and other pre-construction activities associated with the rehabilitation of eligible dams classified as High Hazard dams.

 

"Ensuring dam safety is a top priority for DEC and we encourage eligible dam owners to take advantage of this important funding," said Commissioner Seggos. "The grants announced today will support pre-construction engineering and design activities as part of an overall program to help municipal and not-for-profit owners of High Hazard dams make necessary repairs and improve public safety."

 

New York State's High Hazard dam classification refers to the potential for damage upon a dam's failure, not its likelihood of failure. A High Hazard (or Class C) dam is classified where failure may result in widespread or serious damage to homes, main highways, industrial or commercial buildings, railroads, and/or important utilities, including water supply, sewage treatment, fuel, power, cable, or telephone infrastructure, or substantial environmental damage, such that the loss of human life or widespread substantial economic loss is likely. New York State has 425 dams classified as High Hazard.

 

Local governmental entities and municipalities, including but not limited to counties, cities, towns, and villages, and not-for-profit corporations with dam projects in New York State, are eligible to apply. Projects must be in a county with an approved hazard mitigation plan. Projects and applicants are also required to meet additional eligibility criteria as described in the Request for Applications (RFA). A total of $564,925 in grants is available, with awards up to $100,000 per project.

The deadline for applications is Feb. 10, 2023. RFAs are available online through the New York State Grants Gateway. The Grants Gateway is a web-based grant management system that streamlines the way grants are administered by the State of New York. All grant applicants, including government agencies and not-for-profit corporations, must be registered in the Grants Gateway to be eligible to apply for any state grant opportunity. Not-for-profit applicants are required to "prequalify" in the Grants Gateway system. For more information about Grants Gateway, please visit the Grants Management website or contact the Grants Gateway Team at: grantsgateway@its.ny.gov.

Governor Hochul Announces Start of Construction on 339-Mile Champlain Hudson Power Express Transmission Line to Bring Clean Energy to New York City

 

Major Project Labor Agreement Executed with New York State Building and Construction Trades to Ensure Line is Constructed by Union Workers

Infrastructure Development Expected to Bring $3.5 Billion in Economic Benefits to New Yorkers and Create Nearly 1,400 Family-Sustaining Jobs

Accelerates Progress to Achieve New York's Goal of 70 Percent of Electricity Statewide from Renewable Sources by 2030 on Path to a Zero-Emission Grid

 Governor Kathy Hochul today celebrated the start of construction of the 339-mile Champlain Hudson Power Express transmission line, being developed by Transmission Developers Inc, to deliver reliable clean energy from Hydro-Québec in Canada directly to New York City. The construction of this green infrastructure project, which begins following the execution of a major union labor agreement between the developer and New York State Building and Construction Trades, is expected to bring $3.5 billion in economic benefits to New Yorkers while creating nearly 1,400 family-sustaining union jobs during construction. Today's announcement accelerates progress to achieve New York's Climate Leadership and Community Protection Act goal to obtain 70 percent of electricity statewide from renewable sources by 2030 on the path to a zero-emission grid.

"As construction begins on this project to help deliver clean energy to New York City, our state is setting yet another example of what climate action looks like," Governor Hochul said. "The Champlain Hudson Power Express transmission line is a monumental step toward protecting our environment and creating family-sustaining, green jobs in both upstate and downstate New York. In partnership with union labor, this green infrastructure project will bring billions of dollars in economic benefits to our state and will pave the way for cleaner air and a healthier future for all New Yorkers."

Champlain Hudson Power Express is the first of two historic projects to start construction under the State's first-of-its-kind renewable energy and transmission program, known as Tier 4, that is administered by the New York State Energy Research and Development Authority. The program aims to responsibly deliver a significant increase of renewable energy to New York City, an area of the state that relies on aging fossil fuel-fired generation located largely in underserved communities, experiences the most significant air quality issues and health impacts from fossil fuel emissions, and has a marked need for improved grid reliability and resiliency. Once completed, Champlain Hudson Power Express will deliver 1,250 megawatts of clean hydroelectricity, enough to power over one million homes, and will reduce carbon emissions by 37 million metric tons statewide, the equivalent of taking over half a million cars off the road every year. The transmission line is expected to be fully operational in the spring of 2026.

This milestone comes after the New York State Public Service Commission approved the project's first Environmental Management and Construction Plan for a 17.6-mile stretch of the transmission route between Putnam and Whitehall. The initial stage of construction activities, including site preparation and construction of a laydown yard, will begin in Washington County, near Whitehall, and is anticipated to continue through November 2024. A map of the transmission line can be found here.

Champlain Hudson Power Express will provide an economic boost to 73 municipalities and 59 school districts throughout New York State with an increase in incremental tax revenue of $1.4 billion in funding for local communities over the first 25 years of the project. In the coming weeks, Champlain Hudson Power Express will begin to disburse funding of nearly $30 million, including:

• $12 million to industrial development agencies in counties hosting the transmission line
• The first $12 million through its $117 million Environmental Trust Fund to finance projects that enhance New York's eastern corridor waterways
• The first $2.5 million to kickstart the $40 million Green Economy Fund to support workforce development and training initiatives in underserved communities
• $2 million to support the construction of the Randall's Island Nature Center and Queens Variety Boys and Girls Club STEM lab/programming.

The Champlain Hudson Power Express and Clean Path NY contracts were approved by the Public Service Commission in April 2022, making them the largest transmission infrastructure developments in New York State in the last 50 years. Together, these projects are capable of generating an expected 18 million megawatt-hours of clean energy per year, or more than a third of New York City's annual electric consumption, while delivering up to $5.8 billion in net societal benefits statewide, inclusive of greenhouse gas reductions and air quality improvements and 10,000 family-sustaining jobs statewide with $8.2 billion in economic development investments, including in disadvantaged communities.

New York State's Nation-Leading Climate Plan
New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State recovers from the COVID-19 pandemic. Enshrined into law through the Climate Leadership and Community Protection Act, New York is on a path to achieve its mandated goal of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy wide carbon neutrality. It builds on New York's unprecedented investments to ramp-up clean energy including over $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments. Combined, these investments are supporting more than 165,000 jobs in New York's clean energy sector in 2021, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035. Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 35 percent with a goal of 40 percent of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings.

Former Long Island School Official Pleads Guilty in Kickback Scheme

 

Ex-Director of Food Services for Hempstead Public Schools Steered Contracts to Co-Defendant in Exchange for Kickbacks

Sharon Gardner, the former Director of Food Services for the Hempstead Union Free School District (“HUFSD”), pleaded guilty to conspiracy to commit honest services wire fraud in connection with her participation in a kickback scheme.  Gardner’s co-defendant, Maria Caliendo, the owner of food service providers Smart Starts NY, Inc. (“Smart Starts”) and Prince Umberto’s restaurant in Franklin Square, previously pleaded guilty on October 27, 2022 to the same offense and is awaiting sentencing.  Today’s proceeding was held before United States District Judge Joanna Seybert.  When sentenced, the defendants each face up to 20 years in prison.  As part of their respective pleas, Gardner has agreed to forfeit approximately $120,000 and Caliendo has agreed to forfeit approximately $160,000.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Bethanne M. Dinkins, Special Agent-in-Charge, U.S. Department of Agriculture, Office of Inspector General (USDA-OIG); Terry Harris, Special Agent in Charge, U.S. Department of Education Office of Inspector General, Eastern Regional Office; Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York; Anne T. Donnelly, Nassau County District Attorney; and Thomas P. DiNapoli, New York State Comptroller, announced the guilty plea.

“Gardner abused her position of trust as a school official in order to enrich herself with kickbacks she used to pay for overseas vacations and home furnishings.  Now she will face the consequences for her greed,” stated United States Attorney Peace.  “This Office will continue to vigorously investigate and prosecute corrupt officials who illegally profit from our public institutions.” 

“As this guilty plea demonstrates, the defendant exploited her role in order to take advantage of the taxpayers for her own personal enrichment.  The FBI and our Law Enforcement partners are committed to fighting public corruption and ensuring that those officials who abuse the trust placed in them are held accountable for their actions in the criminal justice system,” stated FBI Assistant Director-in-Charge Driscoll.

USDA-OIG Special Agent-in-Charge Dinkins stated, “The School Breakfast Program (SBP) was created to provide food and nutrition to those who truly need this assistance. Those who are involved in fraud and abuse of USDA feeding programs will be investigated by our office to the fullest extent.  This joint investigation identified individuals who sought to profit from the SBP through illegal schemes. The USDA Office of Inspector General will continue to dedicate investigative resources, working with our law enforcement and prosecutorial partners, in order to protect the integrity of these programs and bring to justice those who commit fraud.”

“I am proud of the work of OIG Special Agents and our law enforcement partners in holding Ms. Gardner accountable for her criminal actions,” stated DOE-OIG Special Agent-in-Charge Harris.  “We will continue to aggressively pursue those who misappropriate federal funds for their own selfish purposes.  America’s students and taxpayers deserve nothing less.”

“This defendant leveraged her power as a Hempstead School District official to line her own pockets and those of her co-defendant for nearly two years,” stated Nassau County District Attorney Donnelly.  “Gardner orchestrated the scheme, shirking her responsibilities to follow a legitimate bidding process and handing over the contract to Maria Caliendo, a local restaurant owner who had previously hosted Gardner’s holiday parties. Public funds are precious and finite. Individuals who exploit their positions to access those funds for their own financial gain will be found and prosecuted. I thank our law enforcement partners for their diligent work ensuring these defendants are now held accountable for their crimes.”

“Gardner exploited her position and betrayed the students, parents and taxpayers of the Hempstead School District to enrich herself,” stated Comptroller DiNapoli.  “I thank United States Attorney Breon Peace, Nassau County District Attorney Anne Donnelly, the FBI and the Inspectors General for the Departments of Agriculture and Education for their partnership in holding Gardner accountable for her actions.”  

According to court filings and facts presented at the plea proceeding, Gardner, in her capacity as the Director of Food Services for HUFSD, helped secure lucrative contracts for Caliendo’s company, Smart Starts, to provide prepackaged breakfast meals for Hempstead public school students.  In exchange, Caliendo kicked back a portion of the contract proceeds totaling more than $100,000 to Gardner through fraudulent payroll deposits and other payments.  To conceal the illegal nature of the arrangement, those payments were deposited into a bank account that was created in the name of one of Gardner’s family members.  The kicked back funds were spent by Gardner on international vacations, a leased vehicle, and home furnishings.  Approximately $13,000 in kicked back funds were also withdrawn by Gardner in cash from ATMs located near her home and workplace.