MAYOR DE BLASIO FORGIVES OVER $100 MILLION IN PENALTIES AND INTEREST FOR HOME AND BUSINESS OWNERS

Forgiving Fines: The New York City Amnesty Program collects more debt in three months than the City collected in all of FY2014

   Mayor Bill de Blasio today announced the resolution of more than $150 million in debt from violations issued by city agencies – the result of a three-month Department of Finance amnesty program, run in conjunction with the New York City Council. As part of the program, 120,000 violations were processed, resulting in collection of $43 million of outstanding debt to the City – more than the city collected for all of Fiscal Year 2014 – and the waiving of more than $106 million in penalties and interest for home- and business-owners. This was the first amnesty program since 2009.

“Any time we can help New Yorkers save, while simultaneously collecting owed debt, we are doing right by the city,” said Mayor Bill de Blasio. “This year’s amnesty program, the first under this administration, saved New Yorkers over $150 million – money that we hope will provide a little comfort this holiday season.”

“The New York City Amnesty Program has had a significant impact on many communities across our City,” said Council Speaker Melissa Mark-Viverito. “This important initiative has helped save New Yorkers their hard-earned money, while at the same time also improving efficiency by clearing up hundreds of violations. The New York City Council is proud to have worked with the Mayor’s administration and other City agencies to make this happen.”

Forgiving Fines: The New York City Amnesty Program ran from September 12 through December 12 and covered unpaid violations that were in judgment. For those who failed to attend a hearing for their violation, the Amnesty Program waived 100 percent of the default penalty, as well as the interest on their judgment. Those who attended hearings, were required to pay only 75 percent of the base fine and had 100 percent of their interest forgiven.

New Yorkers with compliance violations (typically issued by the Department of Buildings or the FDNY) have six months to fix the underlying conditions and pay the base fee.

The amnesty program did not cover parking tickets. Some of the most common violations the city collected debt on include improper disposal of trash or recyclables; working without a permit; failure to conduct required building inspections and tests; failure to clear snow, ice or dirt from the sidewalk; and illegal posting of handbill or notice.

Menorah Lighting on Riverdale Avenue

Above - Before the largest menorah in the Bronx is lit for Chanukah it must be erected.

Below - The giant menorah is ready to be lit as it stands tall and proud.

Above - for the first night of Chanukah Rabbi Levi Shemtov and his son Yosef lit the first light well after the Sabbath sundown.

Below - The next evening it was dancing in the street for the menorah lighting.

Above and Below - Hundreds of people came out to the menorah lighting. There was balloons, potato pancakes, donuts, dreidels, and small menorahs given out. 

Above - Improving police and community relations, 50th Precinct Officer Israel Sirota joins the dancing.

Below - Deputy Inspector Terrence O'Toole gets thanks from Rabbi Shemtov for his great job as the 50th Precinct commanding officer. 

Above - Before he can suit up to go on the lift platform to light the menorah Councilman Andrew Cohen signs a waiver form for Con Edison.

Below - All suited up with a safety harness he is ready to climb onto the truck platform to be lifted up with Rabbi Shemtov to the giant menorah.

Above - Rabbi Shemtov and Councilman Cohen are ready to be lifted up.

Below as the platform gets close to the giant menorah, Rabbi Shemtov tells the story of Chanukah.

With help from Rabbi Shemtov Councilman Cohen lights the two side lanterns for the second night of Chanukah.

Water Main Break on Riverdale Avenue

  It took more than twenty-four hours for the Environmental Protection Agency of New York City to fix this water main break between West 239th and West 238th Streets - as it was described by one worker. The photos below will explain further. 

Above - An NYCEPA worker is on site as the sun sets, but does not know where the water is coming from.

Below - the street is cordoned off where the leak is awaiting NYCEPA workers to fix it.

Above - Heavy equipment and other workers show up.

Below - Night work on Christmas Eve begins to fix the water break.

Above and Below - You can see how the water goes onto the sidewalk where the  broken parts of the curb from the roadway milling back in March of 2016 still has not been repaired. The curb repair work is scheduled for March of 2017 according to the DOT.

Above - The repair work goes overnight.

Below - Workers are finishing up work, but the Northbound lanes of Riverdale Avenue are closed leading to a dangerous situation as the traffic must go into the southbound lanes near a blind curve.

The water main work on  Riverdale Avenue is finished, and this is how the street is repaired. By the way this street was fully milled and repaved in March of 2016, and is a protected street according to the DOT. The NYCEPA must not care about that by the condition thestreet has been left in.

A.G. Schneiderman Announces Agreement Barring Tanning Salon Chain From Making Misleading Health Claims

Settlement With Portofino Spas, LLC Is Latest In A Series of Settlements That Crack Down On Tanning Salon Companies Making Health Misrepresentations: Office Continues To Investigate Misleading Health Claims Made By Other Businesses

Schneiderman: This Agreement Is A Continuation Of My Office’s Efforts To Protect Consumers From The Known Risks Associated With Indoor Tanning

   Attorney General Eric T. Schneiderman today  announced a court-ordered settlement with Portofino Spas, LLC, a New York Company that provides indoor tanning services at 5 Manhattan locations, which resolves a lawsuit filed by the Attorney General in April 2015 over the misrepresenting the health effects of indoor tanning.  The agreement prohibits Portofino from making health claims and ensures the company  will comply with New York State and New York City tanning regulations.  Portofino has agreed to pay $300 per day for any future health misrepresentations and for each future violation of New York tanning laws. The Attorney General’s office has already cracked down on several companies making similar misleading health-related claims regarding the harms and benefits of indoor tanning.  

“This agreement is a continuation of my office’s efforts to protect consumers from the known risks associated with indoor tanning. Businesses cannot and should not profit by misleading consumers as to purported health benefits of this harmful activity,” said Attorney General Schneiderman.

Skin cancer, which includes melanoma (the deadliest form of skin cancer) basal cell carcinoma, and squamous cell carcinoma, is the most common of all cancers in the United States with more than 3.5 million skin cancers in over 2 million people diagnosed annually.  About 600 New Yorkers die from skin cancer each year and 77% of those deaths are attributed to melanoma. In addition to increasing the risk of skin cancer, UV exposure can also harm the immune system and cause premature skin aging.  New York State tanning laws currently prohibit tanning for children under 17 and require parental consent for children between the ages of 17 and 18.  Additionally, New York law requires that current tanning hazards information sheets and acknowledgement forms must be distributed to tanning patrons and that free protective eyewear be made available to tanning patrons. The Attorney General’s office has released a brochure on indoor tanning safety that provides important information on the risks and harms associated with UV tanning.

Despite the consensus opinions of the scientific and medical communities about the dangers of indoor UV tanning, Portofino’s used its website and social media outlets to make a series of claims that falsely:

1) minimized or denied the link between tanning and increased cancer risk,

2) represented the benefits of vitamin D as well as other purported health benefits associated with tanning, or

3) asserted the safety of indoor tanning compared to tanning outdoors. 

Portofino used statements such as “There actually is no clear direct experimental evidence showing a causative mechanism between tanning and melanoma,” “Getting enough vitamin D is linked to reductions in heart disease, diabetes, multiple sclerosis & many cancers -- are you getting enough?” and “Control is key – and it’s only possible within the environment of a certified, indoor tanning salon.”  These claims, which were not supported, led consumers to believe that indoor tanning is not only risk-free and does not lead to increased risk of skin cancer, but also contributes to improved health.  Indoor tanning is neither a safe nor a desirable way to obtain vitamin D or any other health benefits.  Vitamin D can safely be obtained through diet and supplements, so obtaining vitamin D through indoor tanning poses unnecessary risks.

During a visit to a Portofino salon, an Attorney General representative was was told that if she wanted to become darker, then tanning in a bed is safer because “at least inside, it was controlled” and she would know how much time she could stay in the bed.  Portofino’s safety claims are in contrast to the scientific evidence in that tanning devices like the ones used by Portofino expose consumers to UV radiation that is far stronger than natural sunlight — producing UV rays up to 15 times more intense than the sun, frequently resulting in burning.  Additionally, Attorney General Investigators  found that Portofino violated New York States tanning laws by failing to provide current tanning hazards and consent forms, as well as failing to post the New York State-required warning signs near all tanning devices.

The action announced today is one of a number of steps taken by the Attorney General to help educate the public and raise awareness of the harms associated with indoor tanning.  In 2013, the Attorney General launched an investigation into suspected misleading advertising in the indoor tanning salon industry.  The Attorney General reached settlements in March 2014 with HT Franchising Management LLC, the franchisor of the Hollywood Tans salons, and Hollywood Tans NYC, a Manhattan-based franchise of the national chain, requiring them to stop making health-related representations to promote tanning services.  The Attorney General also reached a settlement in November 2015 with Planet Fitness, which offers UV tanning at certain gyms, to stop offering “unlimited” tanning, to provide adequate training to employees who oversee indoor tanning services, and to stop making health-related claims to promote red-lamp devices.  Planet Fitness also paid costs and penalties.  In April 2016, the attorney General reached a settlement with Salon Management USA, LLC and BBT Retail, Inc., which license the use of the “Beach Bum Tanning” trademark under which Beach Bum Tanning salons operate. That agreement prohibits the companies from making health claims, offering “unlimited” tanning packages, and targeting high school students.  Early this year in August, the Attorney General reached a court-approved settlement with Total Tan, Inc., a New York Company with indoor tanning services at 25 locations across upstate New York and three locations in Pennsylvania. The Total Tan settlement prohibits Total Tan from making health misrepresentations and from failing to comply with New York State tanning regulations. 

The office continues to have ongoing investigations open into health claims made by tanning salons.

The Portofino lawsuit was handled by the Health Care Bureau’s Assistant Attorney General Brant Campbell, Volunteer Attorney Laura Puhala, the Environmental Protection Bureau’s Assistant Attorney General Laura Mirman-Heslin and the Consumer Fraud and Protection Bureau’s Assistant Attorney General Kate Matuschak. Environmental Scientist Charles Silver, Ph.D. of the Environmental Protection Bureau provided additional scientific and research support in development of the tanning investigation and the lawsuits. The Health Care Bureau is led by Lisa Landau, the Consumer Frauds and Protection Bureau is led by Jane Azia, and the Environmental Protection Bureau is led by Lemuel Srolovic. The Health Care and Environmental Protection Bureaus are in the Division of Social Justice led by Executive Deputy Attorney General Alvin Bragg. The Consumer Frauds and Protection Bureau is in the Division of Economic Justice led Manisha M. Sheth. 

Consumers with questions or concerns about health care matters may call the Attorney General’s Health Care Bureau Helpline at 1-800-428-9071.

A.G. Schneiderman Report Finds Many Professional Fundraisers Keep Significant Portion Of Charity Dollars They Raise

Professional Fundraisers Retain More Than One-Third of Donations to Campaigns They Conduct

This Year’s Expanded "Pennies for Charity" Report Details Costs Of Fundraising Campaigns Conducted By Professional Fundraisers; Covers Telemarketing, Direct Mail, E-Mail And Other Fundraising Mechanisms 

A.G. Also Offers Key Tips For Donors

Schneiderman: Be Careful With Your Charitable Giving; Not All Fundraisers Are Created Equal

   Attorney General Eric T. Schneiderman today released his “Pennies for Charity: Where Your Money Goes; Fundraising by Professional Fundraisers” report, which found that fully one-third of charitable donations ended up in the pocket of the professional fundraisers. 

This year’s report expanded its focus beyond telemarketers to include a broader range of solicitation methods conducted by professional fundraisers, including direct mail, email, and internet fundraising campaigns.

New York has a robust charitable sector, supported by generous giving by New Yorkers.  In fact, New Yorkers gave a total of $17.2 billion in reported donations in 2015—the year covered by the report—the second highest giving level in the nation, after California.  Of this total, more than $1 billion was raised through 1,143 fundraising campaigns conducted by professional fundraisers on behalf of charities.  These campaigns are the focus of this report. The report and the searchable Pennies for Charity database that contains the data underlying it can be found at www.CharitiesNYS.com.

Of the nearly $1.1 billion raised through campaigns conducted by professional fundraisers, charities netted just over $718 million, or 65.5% of the proceeds, while professional fundraisers kept $379 million, or 34.5%.

“New Yorkers should know how their charitable dollars are being spent,” Attorney General Schneiderman said. “Our Pennies for Charity report shines a light on the portion of charitable dollars that is pocketed by outside fundraisers, and our Charities Bureau will hold unscrupulous or fraudulent fundraisers accountable.”

This year’s report included a much bigger data set than previous years’ reports, as it focused on various mechanisms for fundraising in addition to telemarketing, which was the sole focus of prior Pennies for Charities reports and which was found to be the costliest fundraising mechanism. This year’s report finds that professional fundraisers overall retain a high percentage of charitable dollars.

The "Pennies for Charity" report aggregates information from fundraising reports filed with the Attorney General’s Charities Bureau for campaigns conducted by professional fundraisers on behalf of charities in the previous year.  Professional fundraisers must register with the Office of the Attorney General and provide closing statements that break down the revenue raised and the expenses generated by the campaign. 

Other significant findings from analyzing the 1,143 fundraising campaigns covered by this report include:

• In 239 campaigns, or approximately 20% of the campaigns covered in the report, the charities retained 70% or more of the funds raised, with 30% or less going to cover the costs of the professional fundraiser.

• In 622 campaigns, or approximately 54% of the total, charities retained less than half of the funds raised.

• In 192 campaigns, or nearly 17% of the total, fundraising expenses exceeded revenue, for a total loss of $16.7 million.

The Office of the Attorney General actively investigates suspect fundraising practices.  In 2015, Attorney General Schneiderman secured a $100,000 penalty against the founder of the National Vietnam Veterans Foundation and barred him from ever again serving as a director, officer, or trustee of any non-profit or charitable organization after finding that nearly 90% of revenue was spent on fundraisers and supporting his lavish lifestyle.  And in the largest multi-state charity fraud action to date, the Attorney General, 49 other states, and the Federal Trade Commission secured a $75 million settlement ($3 million of which came to New York) against two affiliated sham cancer charities, and forced the dissolution of two other affiliates, which allocated only 3% of proceeds for their intended charitable purposes. The president was banned from profiting from any charity fundraising in the future.

To assist charities in navigating the world of professional fundraisers, the report includes A Note to Charitable Organizations. 

The report also includes Tips for Donors, including specific guidance for responding to phone, direct mail, or online solicitations. Key tips include:

• Research the Charity.
  • Check out the charity’s website.
  • Consult the Office of the Attorney General’s Charities Bureau website to review an organization’s tax returns and its financial report.
  • Consult the Office of the Attorney General’s Pennies for Charities database to see its fundraising costs and results.

• Never Donate by Cash Or Wire Transfer. It's best to donate by credit card.

• Donate Via Secure Web Addresses: When donating online, make sure the website is secure: the web address should begin with “https.”

• Resist Pressure To Give On The Spot. If you receive a call from a telemarketer, do not feel pressured to give over the phone. You can ask to receive information about the cause and a solicitation by mail.

• Ask How Your Donation Will Be Used. Ask specifically how the charity plans to use your donation, including the services and organizations your donation will support. Avoid charities that make emotional appeals and are vague in answering your questions.

• Report Suspicious Organizations. If you believe an organization is misrepresenting its work, or that a scam is taking place, please contact the Attorney General’s Charities Bureau at charities.bureau@ag.NY.gov or (212) 416-8401.

BRONX MAN CONVICTED OF MANSLAUGHTER FOR KILLING ROOMMATE

Defendant Bludgeoned 63-Year-Old Man With Shovel 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been convicted of first-degree Manslaughter for the 2014 killing of his 63-year-old roommate, whom he fatally struck multiple times with a shovel following a dispute. 

  District Attorney Clark said, “The defendant brutally beat to death an elderly man who suffered from poor health and had welcomed him into his home. After striking the victim with a shovel, the defendant left him to die on the floor. Now he faces many years in prison for this callous crime.”   

  District Attorney Clark said the defendant, Armando Sanchez, 21, who was living at 2185 Grand Concourse, was found guilty today of first-degree Manslaughter by Acting Bronx Supreme Court Justice Margaret Clancy after a bench trial that lasted about four weeks. Sanchez faces up to 25 years in prison when he is sentenced on January 24, 2017. 

  According to trial testimony, on November 12, 2014, Sanchez argued with his roommate, Elvin Ramirez, 63, with whom he had been living for the past month in Ramirez’s 2185 Grand Concourse apartment. The following day, Ramirez was found dead in his apartment. Sanchez was arrested on December 14, 2014 after surveillance video from the building showed him attempting to cover his face as he fled the residence.

Comptroller Stringer Releases Alarming New Numbers on “High Priority” ACS Investigations

Following the Zymere Perkins Tragedy, New Initial Findings Released To ACS

ACS Failed to Follow Its Own Protocols in Nearly 3,700 “High Priority” Investigations 

   New York City Comptroller Scott M. Stringer today released disturbing new data in the initial findings of his office’s investigation into the Administration for Children’s Services begun after the tragic death of Zymere Perkins. The new numbers demonstrate how dysfunction occurs at ACS – and shed light on how children can slip through the cracks.

The Comptroller’s Office reviewed nearly 3,700 “high priority” investigations ACS conducted on complaints received during a three-month period between July and September 2016. Those investigations involved either a child’s death or at least four prior complaints of abuse or neglect in a child’s household, or both. The Comptroller’s Office found the following violations of ACS protocols:

• 73 percent – or 2,360 cases – of the closed ACS investigations lacked the required minimum number of manager’s reviews, and 32 percent lacked the required number of supervisor’s reviews.
• In 68 percent – or 2,516 cases – of both open and closed high-priority ACS investigations, a “Risk Assessment Profile” was not completed within 40 days.
• 53 investigations were closed without ACS investigators ever meeting with the child who was allegedly abused.
• In 22 percent of the investigations, ACS investigators did not meet with the child within 24 hours of an abuse allegation.
• In 26 percent of investigations, ACS investigators did not meet with the child the required number of times.

“Behind these percentages are vulnerable children who desperately need help. Behind these numbers, there are lives at stake. Right now, the City is failing them. We must continue to demand change. This is too important,” New York City Comptroller Scott M. Stringer said. “The takeaway from these numbers is simple. Regulations are in place to save lives, but ACS is failing because it’s not following its own protocols. We need to see real, long-term change at this agency.”

In June 2016, Comptroller Stringer released an audit of ACS, which found that incomplete and poorly supervised investigations put abused children at risk. This follow-up investigation was announced following the death of Zymere Perkins. The Comptroller’s Office will continue to look into ACS’s performance of its child-protective investigative responsibilities in the coming months.

U.S. Attorney Files Civil Rights Suit Against Bronx Developer To Remedy Pattern And Practice Of Inaccessible Design And Construction Of Apartment Buildings

  Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a federal civil rights lawsuit against ABRAHAM STRULOVITCH to require him to remedy conditions at two rental complexes in the Bronx and in Orange County to make them accessible to people with disabilities and to ensure that two rental complexes currently under construction by STRULOVITCH in the Bronx will be accessible.  

Manhattan U.S. Attorney Preet Bharara said: “The Fair Housing Act’s accessibility provisions were enacted to ensure that people with disabilities have the same access to housing as everyone else.  With today’s lawsuit, we seek to ensure that Strulovitch fixes the current inaccessible conditions at Riverdale Parc and Bluestone Commons as well as at his ongoing construction projects.  This Office will continue to use all available tools to enforce the FHA’s promise of accessibility for people with disabilities.” 

The Fair Housing Act’s (“FHA”) accessible design and construction provisions require multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities.  According to the allegations in the Complaint, STRULOVITCH has engaged in a pattern and practice of discriminatory conduct, as evidenced by the numerous inaccessible conditions at Riverdale Parc, a 54-unit rental complex in the Riverdale section of the Bronx designed and constructed in 2014, and Bluestone Commons, a 70-unit rental complex for senior residents in Maybrook, New York, designed and constructed in 2015.  The inaccessible conditions alleged include, for example, an excessively high threshold at the main entrance to Riverdale Parc, as well as insufficiently wide doorways within the rental units at both Riverdale Parc and Bluestone Commons.  Other inaccessible conditions include excessively high thresholds to balconies within the rental units at Bluestone Commons and inaccessible locations of thermostats or other environmental controls in the rental units at Riverdale Parc and Bluestone Commons.

The Complaint further alleges that STRULOVITCH currently is actively involved in designing and constructing two other rental complexes in the Bronx – 640 West 238th Street and 3707 Blackstone Avenue – that will contain a total of more than 90 rental units.  In the Complaint, the United States also seeks a court order requiring STRULOVITCH to take steps necessary to ensure that both 640 West 238thStreet and 3707 Blackstone Avenue will be constructed in compliance with the Fair Housing Act’s accessibility requirements.

The case is being handled by the Office’s Civil Rights Unit.  Assistant U.S. Attorneys Li Yu, Jacob Lillywhite, Jessica Jean Hu, and Natasha Teleanu are in charge of the case.

EDITOR'S NOTE:

This blog has been chronicling the building of the 640 West 238th Street since the demolition of the one story house on the lot. The developer has had nothing but a lack of respect and no concern to the community, and now we know why. The developer during the building of 640 West 238th Street has been caught on camera not abiding by rules of New York City permits which were issued, and has ruined West 238th Street and the formerly nice island that is in the middle of the street in front of West 238th Street. Just check the archive section of this blog for the many reports and photos of the building of 640 West 238th street.