Friday, May 15, 2020

Was Rhinelander Avenue closed from Williamsbridge Road to Bronxdale Avenue?



  On Wednesday May 13th Mayor Bill de Blasio and the NYCDOT closed twelve miles of NYC streets so people could walk in the streets. One such street that was closed was Rhinelander Avenue in the Bronx from Williamsbridge Road to Bronxdale Avenue for the entire half mile portion of the roadway 

Looking across Rhinelander Avenue from Williamsbridge Road one can see police barriers set up, but not fully across the road as cars and trucks continued to travel on Rhinelander Avenue, while there were no people taking advantage of the closed street to use it to walk


Above - A UPS truck dashes between the barriers blocking off Rhinelander Avenue at the Tomlinson Avenue intersection. 
Below - Small signs were placed on these two barriers at the Tomlinson Avenue intersection of Rhinelander Avenue. 




Above - One has to get right up to the barrier to read that Rhinelander Avenue is part of the NYC Safe Streets Program.
Below - Someone has put this street barrier to use as a parking space holder.


No. 202.31: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency


No. 202.31
E X E C U T I V E  O R D E R
Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency 

WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to continue;

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through June 13, 2020 the following: 

  • Subdivisions (1), (2), and (3) of Section 594 of the Labor Law are suspended to the extent necessary to prevent forfeiture of effective benefit days to provide claimants with temporary relief from serving forfeit day penalties during the COVID-19 disaster emergency; and
  • Section 240.35 of the penal law, to the extent it is inconsistent with any directive requiring an individual wear a face covering in public or otherwise.

IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through the date so designated below: 

  • Executive Order 202.28, which extended the provisions of Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13, and 202.14 which each closed or otherwise restricted public or private businesses or places of public accommodation, and which required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations, games, meetings or other social events), which together constitute New York On PAUSE, is hereby continued until 11:59 p.m. on May 28, 2020, unless later amended or extended by a future Executive Order;
    • Provided, however, that effective at 12:01 a.m. on May 15, 2020 that the reductions and restrictions on the in-person workforce at non-essential businesses or other entities shall no longer apply to Phase One industries
      • Construction, Agriculture, Forestry, Fishing and Hunting, Retail - (Limited to curbside or in-store pickup or drop off); Manufacturing and Wholesale Trade;
      • Such businesses or entities must be operated subject to the guidance promulgated by the Department of Health;
      • Only those businesses or entities in a region that meets the  prescribed public health and safety metrics, as determined by the Department of Health,  will be eligible for reopening;

  • As of May 14, 2020 the regions are: Finger Lakes, Central New York, Mohawk Valley, Southern Tier and the North Country regions comprising the counties of: Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, and St. Lawrence. Any additional regions which meet the criteria after such date will be deemed to be incorporated into this Executive Order without further revision and will be permitted to re-open phase one industries, subject to the same terms and conditions.
  • All enforcement mechanisms by state or local governments shall continue to be in full force an effect until June 13, 2020 unless later extended or amended by a future Executive Order. 
  • The directive contained in Executive Order 202.15 authorizing the Department of Taxation and Finance to accept digital signatures in lieu of handwritten signatures on documents related to the determination or collection of tax liability, is hereby modified to authorize such acceptance for the duration of the disaster emergency. 
  • The directive contained in Executive Order 202.3 which closed movie theaters until further notice and was later extended by Executive Order 202.14 and EO 202.28, is hereby modified to provide that a drive-in movie theater, shall not be required to close, but shall be treated as any other business per Executive Order 202.6, which designated certain businesses as essential or non-essential and subjected such businesses to in-person presence restrictions in the workplace.

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this fourteenth day of May in the year two thousand twenty.

BY THE GOVERNOR         

Secretary to the Governor

Governor Cuomo Announces Fifth Region Hits Benchmark to Begin Reopening May 15th


Central New York Joins North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions, Which Have Met the Seven Metrics Required to Begin Reopening After NYS on Pause Orders Expire on May 15th

Business Guidance for Phase One of the State's Reopening Plan is Available Here

Initial $3 Million in Grants Available to Businesses to Manufacture Emergency Medical Supplies and Equipment

Announces President Trump has Expedited $3.9 Billion in Funding for the MTA at the Request of the Governor

Confirms 2,390 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 343,051; New Cases in 45 Counties

Governor Cuomo: "Phased opening does not mean the problem has gone away. It means we have controlled the problem because of what we did and because of our individual responsibility and individual actions and that has to be maintained and I would urge local governments to be diligent about the business compliance and about individual compliance. Then if you see a change in those numbers react immediately. React immediately. If you allow this virus to get ahead of us we will have a problem. So we'll have of the data. React immediately."

Cuomo: "At the same time the states need help from the federal government and that's a topic that's being discussed now. Washington must act. It must be smart. It must be fast. New York State has a $61 billion hole. Well what does the State fund? The State funds local governments, fund schools, funds health care. ... If local governments get cut then you cut police and firefighters. Why would you ever want to cut essential front line personnel at this time makes no sense."

Amid the ongoing COVID-19 pandemic, earlier today Governor Andrew M. Cuomo announced that as of today, Central New York has met all seven metrics required to begin phase one of the state's regional phased reopening plan when NYS on PAUSE orders expire on May 15th, joining the North Country, Finger Lakes, Southern Tier and Mohawk Valley Regions. If the trend continues, these five regions can begin opening businesses for phase one, which includes construction; manufacturing and wholesale supply chain; retail for curbside pickup and drop-off or in-store pickup; and agriculture, forestry and fishing. Business guidance for phase one of the state's reopening plan is available here. A guide to the state's "NY Forward Reopening" Plan is available here. The state's regional monitoring dashboard is available here.

The Governor also announced an initial $3 million in grants are available to businesses to manufacture emergency medical supplies and equipment. Companies interested in growing or starting a medical supply business should go to www.esd.ny.gov.

Governor Cuomo also announced that President Trump has expedited $3.9 billion in funding for the MTA at the request of the Governor.

New York Has Issued First-in-the-Nation Criteria to Healthcare Professionals Defining COVID-Related Inflammatory Illness in Children


Criteria Establishes New Name for Syndrome and Definition of What Symptoms Healthcare Providers Should Look For

State is Investigating 110 Reported Cases & 3 Deaths Related to COVID Illness in Children with Symptoms Similar to an Atypical Kawasaki Disease and Toxic Shock-Like Syndrome 

New York State is Leading a National Effort to Understand and Combat this New Syndrome

  Governor Andrew M. Cuomo today announced New York has issued first-in-the-nation criteria to healthcare professionals establishing an interim case definition for COVID-related inflammatory illness in children. The criteria establishes a new name for the syndrome - pediatric multi-system inflammatory syndrome - and a definition of what symptoms healthcare providers should look for. Case definitions also help standardize tracking and reporting and can help ensure a better health outcome. 

The State is currently investigating 110 reported cases in New York where children - predominantly school-aged - are experiencing these symptoms possibly due to COVID-19. The illness has taken the lives of three young New Yorkers, including a 5-year old in New York City, a 7-year old in Westchester County and a teenager in Suffolk County.

"We're still learning a lot about this virus and we must remain vigilant because the situation is changing every day," Governor Cuomo said. "We now have 110 cases of COVID-related inflammatory illness in children and I expect this is only going to grow. We are leading the national effort to better understand and combat this new emerging syndrome, and we want to make sure everyone is informed and is looking out for the symptoms of this illness in children."

New Yorkers should seek immediate care if a child has:

Predominant Symptoms:
  • Prolonged fever (more than five days)
  • Severe abdominal pain, diarrhea or vomiting
  • Bloodshot eyes
  • Skin rash
Other Symptoms:
  • Change in skin color - becoming pale, patchy and/or blue
  • Difficulty feeding (infants) or is too sick to drink fluids
  • Trouble breathing or is breathing very quickly
  • Racing heart or chest pain
  • Lethargy, irritability or confusion

New York State is leading a national effort to understand and combat this illness related to COVID-19 in children. Governor Cuomo has directed hospitals statewide to prioritize COVID-19 testing for children displaying symptoms similar to an atypical Kawasaki disease and toxic shock-like syndrome. Today, the State Department of Health is hosting a statewide webinar tomorrow for all healthcare providers to discuss the symptoms, testing and care of reported inflammatory disease in children related to COVID-19.

The State Department of Health is also partnering with the NY Genome Center and Rockefeller University to conduct a genome and RNA sequencing study to better understand COVID-related illnesses in children and the possible genetic basis of this syndrome.

At the direction of Governor Cuomo, the State Department of Health has issued an advisory about this serious inflammatory disease, called "Pediatric Multi-System Inflammatory Syndrome Associated with COVID-19," to inform healthcare providers of the condition, as well as to provide guidance for testing and reporting. Health care providers, including hospitals, are required to report to the Department of Health all cases of pediatric multisystem inflammatory syndrome potentially associated with COVID-19 in those under 21 years of age.

Though most children who get COVID-19 experience only mild symptoms, in the United Kingdom, a possible link has also been reported between pediatric COVID-19 and serious inflammatory disease. The inflammatory syndrome has features which overlap with Kawasaki disease and toxic shock syndrome and may occur days to weeks after acute COVID-19 illness. It can include persistent fever, abdominal symptoms, rash, and even cardiovascular symptoms requiring intensive care.

Early recognition by pediatricians and referral to a specialist including to critical care is essential. Molecular and serological testing for COVID-19 in children exhibiting the above symptoms is recommended. The majority of patients have tested positive for COVID-19, some on molecular testing for SARS-COV-2, others on serological testing.

For more information, visit www.health.ny.gov.

MAYOR DE BLASIO on COVID-19 - May 14, 2020


  Mayor Bill de Blasio: Today is the 26th anniversary of my marriage to Chirlane. And Chirlane, I think you're watching right now, so I just want to say – 26 years later, you are my best friend, and I am madly in love with you, and I look forward to celebrating with you this year and many years ahead. So, thank you to all the people in New York City for giving me a moment to send out that anniversary message. We didn't know in those years that horrible things were up ahead like 9/11 or Hurricane Sandy. When you think about the city's history, the strength of New York City, the strength of New Yorkers has been tested so many times, but what has been clear throughout is that what we have here is eternal. What we have built here in this city over generations is much bigger, much stronger than is ever realized, because each time, and you've seen it in recent days, you may have seen different people theorizing, different people starting to talk about New York City's demise after the coronavirus, and I want to say up front, they've got it all wrong. This was predicted even going back to the depression, but certainly predicted after each of the things I mentioned, the fiscal crisis, 9/11, Hurricane Sandy that somehow New York City couldn't come back. Each and every time New York city has come back and come back stronger, literally come back stronger.

So again, what are those symptoms for the coronavirus, cough, fever, shortness of breath, loss of taste or smell and again that those symptoms and remember those symptoms that are particularly of concern if someone's older or has those preexisting healthcare conditions or both. But what we're saying is, even if you're not older, even if you don't have those preexisting conditions, if you have the symptoms, we want to see you get tested, and more and more testing will be available to you. Second group, anyone who was in close contact with a confirmed COVID-19 patient. Now, this is the work that the test and trace initiative will be doing systematically as it grows all over the city. But right now, people know in many cases, if someone in your life has tested positive, and you know you've been in close contact with them, well right away. If they're a household member, they're an intimate partner and you know they tested positive, we want you to get tested as well, regardless of whether you have symptoms or not. And number three group, and these are folks who do such important work. They work in congregate residential settings, they take care of others. Folks who work in nursing homes, folks who work in shelters, folks who work in adult care facilities. Again, whether you have symptoms or not, we want to make sure you are tested.

So, the testing is going to be built out more and more. We're welcoming more and more people that take advantage of it as priority groups of people we want to see tested. And that of course is now bringing to your mind the question, how do I get a test? So, we are building out the locations. We now have 23 walk-in sites through our Health and Hospitals facilities. 23 sites that are open, five more through the collaboration of a one medical and local 1199. So that's 28 sites, more sites coming online quickly. You can call 311 to find a testing location or you can go online nyc.gov/covidtest.

I've said our goal was to get to 20,000 tests per day by May 25th. We are now confident in that goal. In fact, we want to beat that goal, and I will be giving you updates as we go along on how we're doing, but we believe that more and more testing capacity can be put into play quickly, and that's going to allow us to then test people, do the follow up tracing, contact tracing, and for those who need to be in a hotel, make that hotel available to them. We welcome more and more people into this. So, sky's the limit so long as we can keep getting more and more lab capacity. But knowing that this month we will get to 20,000 tests a day and I think surpass that number, that is a great start on the road to a truly widespread testing approach for this city.

So, opening the week of May 18th in Manhattan the Highbridge Rec Center in Washington Heights. In Brooklyn, 1223 Coney Island Avenue. Those two sites will bring our overall capacity up to 6,300 tests a day at Health and Hospitals, facilities. And then the following week, week of May, 25th. Two sites in the Bronx in Fordham Manor and Melrose. Three sites in Brooklyn, Sunset Park, Bay Ridge, and Canarsie. A site in Manhattan in East Harlem. A site in Queens in Woodside. Three sites in Staten Island, Princes Bay, Concord, and Port Richmond. Those are the specific addresses and that capacity will bring us up to 10,700 tests a day. It's going to help you, your family, the people in your life, but it's going to help us as well as we fight back to the coronavirus in this City.

We keep learning about this disease, and it is always challenging to be dealing with something new that medical science still doesn't fully understand. We noticed consistently that children seem to have very little effect from this disease until what we've seen in recent days, and this is really troubling and I say it as a parent, it's really troubling to see now after we thought we understood a consistent pattern, something new has been happening and the pediatric multi-system inflammatory syndrome, P.M.I.S this is a deep concern and we're going to throw everything we've got at it. The number of children affected, continues to grow. It is still in the scheme of things a rare condition, but it is something that we take very seriously and we're now on high alert and addressing because the numbers have grown. We now have a hundred confirmed cases in New York City, 55 of those cases again have either tested positive for COVID-19 or tested for the antibodies, tested positive for the antibodies. I told you yesterday we're launching an ad campaign that's up and running and more coming on that quickly. But again, I'm going to keep reminding you of the basics, if the child in your life has persistent fever, rash, abdominal pain, vomiting, or especially any combination of those afflictions, call your doctor immediately. Do not hesitate. If you don't have a doctor that you need to talk to, a clinician, call 3-1-1 and we'll connect you to a Health and Hospitals clinician. It is so important to start that dialogue immediately, if you see these symptoms and then working with a healthcare professional, they can decide with you if the child needs to get to medical care immediately. But the early detection makes all the difference, with early detection, we can save the lives of these children and that's been what we've seen also from the evidence of these cases so far.

We want to welcome as many health care providers to join that tomorrow as possible, particularly obviously focused on pediatricians. And then in the coming days, a special webinar that we put together by the Health Department with all 23 pediatric ICUs across New York City, making sure that the doctors and nurses, everyone in those pediatric ICU has the latest information and all sharing together what they're seeing and what they're experiencing and how best to help our children. And then, every day going forward the Health Department epidemiologists will reach out to all 23 pediatric ICUs on a regular basis following up on literally every case, even new or suspected cases to check on what's happening. 

I keep reporting on the results in terms of homeless outreach, the results continued to be striking. Last night, 328 homeless individuals were approached for help by our outreach workers and by the homeless outreach members of the NYPD. Of the 328 approached, 182 accepted help, so again, a very, very striking number of very positive number. 149 accepted help to shelter, 33 accepted help by way of getting them to a hospital. Well, it's only been a little over a week, but still first we know in the first week, 824 individuals accepted help at one point or another. That's a huge number, when you think that the federal assessment of the number of homeless people in this City is somewhere between 35,000 and 4,000 the street homeless people. If 824 individuals accepted help in one form or another, that's of truly historic figure that says more and more of the homeless individuals are starting to experiment with what it would be like to come in and get off the streets. 201 of them made it to shelter and that might've been for only hours or that might be for a few nights and we'll get more details on that as we do the analysis. But again, 201 staying in shelter for a period of time, that's a big deal because it's the first step towards change. But the number that we should dwell on the most is the 103 who have stayed in shelter. It's not easy, but both the homeless outreach workers and the NYPD officers of this work, they're doing something so important and so meaningful and I thank them all.

It's a tough atmosphere for everyone and we're asking our police officers to figure out how to address all the normal challenges, address quality of life, address crime, assist people in a variety of ways. Every day is different from a police officer, we're asking them to do all that, but also figure out how to play the role we need them to play in making sure the rules are followed so we can beat back this disease. Remember, the rules are to fight this disease, the rules are to reduce the number of people get this disease and the number of people die. There is nothing more sacred than that in terms of thinking of what people in the line of public safety do. So, it's such crucial work and yet there's no playbook we're making up each day. We're trying to figure out better approaches, better ways to figure out how to train officers and how to listen to communities about what's working, what's not working, trying to figure out what that balance should be between what our police do, versus our civilian employees, versus community members, houses of worship, community organizations. We've got to strike that balance and we're not there yet.

So, I want to put this on me and Commissioner Shea that we have to figure out how to strike that balance. We have to figure out a plan and a protocol that works. What we've been doing up to now is trying to address situations as they emerge, particularly the situations that are most dangerous, which are large gatherings, but it's clear we have to improve the supervision, the training, the protocols, the game plan for a very complex situation and not create unnecessary tension between our police and our communities. And you know, some out there raised concerns and I value the concerns and have worried that we might in some way take a step backwards or race so much of the progress we've made over six plus years and bring police and community together. I can tell you I won't let that happen. I can tell you Commissioner Shea won't let that happen. There's more and more mutual respect, more and more communication. But the coronavirus has thrown us a curve ball and created situations that no one's trained for and that are really complex and very emotional. And we have to figure out how to deal with those better. So, certainly for all the folks out there have said, can we make sure that in the first instance, the education and the giving out face coverings and the efforts to try and remind people the right way to do things, that those are first and foremost done by civilians and by community members. Yes, that's what we absolutely want, that’s the direction we’re moving in, and enforcement needs to be with a light touch and overwhelmingly it has been, but we've seen a few situations where that wasn't the case and were deeply troubling. We saw another video last night and like every human situation there are complexities, but what was not complex at all was it shouldn't have gone down that way, period. It does not reflect our values. It's not what we want to see in this city. I know for Commissioner Shea and I, we talked about last night, it's painful for everyone involved. No New Yorkers want to see something like that. For us it is painful because it means something is still not working the way we need it to and to say the least whatever else was going on in that video, whatever else was happening in that moment, we should never have a situation where a mom with her child ends up under arrest for that kind of offense. It's just not right.

Now, if you look at the whole story, unfortunately there are problems in the whole thing including, I want to remind everyone, no one should be disrespectful to police officers. No one should ignore the instructions of police officers, particularly when they're trying to protect people's safety and trying do something for the health and safety of all of us. So, we have to work together in this city to try and get everyone to play their role respectfully of each other. But what we saw there did not reflect our values. It did not reflect our goals of de-escalation and we have to do better, and it's my responsibility and the Commissioner's responsibility to find that path forward and we will, and I feel very confident about that. 

But the point last night that was even more poignant was that people have suffered discrimination while losing their livelihoods, think about this for a moment and let's put ourselves in the eyes and in the shoes of people who worked all their life to create something for their families, created these beautiful small businesses all over New York City then suffered discrimination and then saw their business fall away because of fears that people had. unfortunately fears stoked by misunderstanding and bias that caused everyday New Yorkers not to want to go to a Chinese restaurant. I remember going to Chinese restaurants in Chinatown and in Flushing, Queens to make the point that there was no bias that should be accepted or perceived from one community to another, and what I heard last night was about the pain of a community that has lost his livelihood, not when most others did, but a month earlier, two months earlier than so many other people in the city, many other small businesses in this city.


Okay. It's time for what we do every day, our daily indicators and in terms of getting out of this crisis and moving forward this is the main street right here. This is what matters most and my friends today is a very good day and you deserve the credit because it's because of your hard work that I get to tell you this good news. Every time you stay home, every time you socially distance, every time you use hand sanitizer even, every time you put on a face covering, you're helping to drive these numbers down and get us closer to a better place. Indicator number one, daily number of people admitted to hospitals for suspected COVID-19 is down from 78 to 59 that's wonderful. Number two, daily number of people in ICUs across Health + Hospitals for suspected COVID-19 down, markedly down from 561 to 517 so that's a big movement there. That's a big jump in the right direction, bigger than we've seen most days, even when things go in the right direction so that is really important, and that means you're talking about fewer and fewer people fighting for their lives. More and more people being saved. That is a very powerful number, and number three, percentage of people tested who are positive recovered 19 down from 13 percent to 11 percent three for three, a perfect day, New York City. So, let's now put together a bunch of them and that's what's going to help us take the next big step forward. Okay. A few words in Spanish

Thursday, May 14, 2020

TEST AND TRACE: CITY EXPANDS TESTING CRITERIA TO TEST MORE NEW YORKERS


City aims to test 20,000 New Yorkers a day by the week of May 25th

  Mayor de Blasio announced today that any person with COVID-19 symptoms is now eligible to receive a test in New York City. Those who have been exposed to a positive case or work in a congregate residential setting are also eligible for testing regardless of symptoms. This comes as the City continues to expand its testing capacity with the aim to test and trace every positive case of COVID-19.

“Lack of widespread testing was our achilles heel from day one, but we’re rewriting that story every day,” said Mayor Bill de Blasio. “Our effort to test and trace very New Yorker in need of a test is coming together at lightning speed, giving us the tools we need to defeat the virus once and for all.”

Expanded Testing
New Yorkers will now be eligible to receive a COVID-19 test if they have:
·  COVID-19 symptoms, regardless of age, chronic conditions or occupation
· Come in close contact with a confirmed COVID-19 patient, regardless of symptoms
·  Work in a congregate residential setting (nursing home, shelter, or adult care facility), regardless of symptoms

Please Visit nyc.gov/covidtest to find a community testing site near you.

With the immediate goal to test 20,000 New Yorkers per day by the week of May 25th, the City will open two additional testing sites by May 18th in the following locations:

Manhattan: Highbridge Recreation Center, Washington Heights
Brooklyn: 1223 Coney Island Avenue, Midwood

10 additional sites in the following locations will open by the week of May 25th:
Bronx:
2530 Jerome Avenue, Fordham Manor
778 Forest Avenue, Melrose

Brooklyn
Brooklyn Army Terminal, Sunset Park
8511 5th Avenue, Bay Ridge
6565 Flatlands Avenue, Canarsie

Manhattan:
141 East 111th Street, East Harlem

Queens:
51-30 Northern Boulevard, Woodside 

Staten Island:
100 Luten Avenue, Prince’s Bay
57 Cleveland Place, Concord
168 Hooker Place, Port Richmond


Council Votes to Provide Relief to Small Businesses and Restaurants Impacted by COVID-19 Pandemic


  The New York City Council on Wednesday voted on legislation to protect small businesses impacted by the coronavirus/COVID-19 pandemic. This package of five bills is designed to help small businesses survive the fiscal impacts of the loss of business and limited food service due to efforts to stop the spread of the virus.

“Small businesses and restaurants are the heart and soul of New York City and right now, they are hurting. They are paying high fees, getting harassed and are worried about losing their homes. They need help and this small business package is designed to protect them during this pandemic,” said City Council Speaker Corey Johnson.
Restaurants have seen a decline in patronage and have been forced to alter operations and stop dine-in orders, which poses additional costs. Today, the Council is voting on legislation that will lessen this burden for them during the pandemic.
The first bill would cap the amount of commission a third-party delivery service is allowed to charge at 15% per order for delivery and 5% per order for all other types of charges. The second bill would prevent third-party delivery platforms from charging restaurants for telephone orders that did not result in a transaction. Members will also vote on a bill to suspend sidewalk cafe fees throughout New York City during the pandemic. 
The Council will also vote to protect commercial tenants against harassment as a result of being a COVID-19 impacted business. This legislation will make this harassment punishable by a civil penalty of $10,000 to $50,000. Another bill will temporarily suspend personal liability provisions in leases of COVID-19 impacted businesses. This will prevent commercial landlords from going after business owners’ homes. 
The Council will also vote on legislation to protect residential tenants from harassment as a result of being impacted by COVID-19.
Finally, the Council will vote on legislation to require the City to publish a list of licenses, permits, consents or registrations not covered by the renewal extension in Mayor Bill de Blasio’s Executive Order no. 107.
COVID RELIEF PACKAGE FOR RESTAURANTS AND SMALL BUSINESSES
Caps fees that third-party food delivery platforms may charge
Proposed Introduction No. 1908-B, sponsored by Council Member Francisco P. Moya, would restrict the fees that third-party food delivery services may charge restaurants during states of emergency when restaurants are prohibited from offering food for consumption on-premises. These third-party delivery services would be prohibited from charging more than a 15% fee per order for providing delivery services to a restaurant, and more than a 5% fee per order for all other types of charges. (Voted out of Small Business Committee)
Violations of the prohibitions in this bill would be subject to civil penalties of up to $1,000 per restaurant per day. This bill would remain in effect for the duration of any state of emergency and an additional 90 days thereafter.
Prevents third-party delivery platforms from charging restaurants for telephone orders that did not result in a transaction
Proposed Introduction No. 1898-A, sponsored by Council Member Mark Gjonaj, would prohibit third-party delivery platforms for charging for telephone orders in which a transaction did not take place. This bill would remain in effect for the duration of any state of emergency and an additional 90 days thereafter. (Voted out of Small Business Committee)
Violations of the prohibitions in this bill would be subject to civil penalties of up to $500 per day per restaurant unlawfully charged.
Suspends sidewalk cafe fees
Proposed Introduction No. 1916-A, sponsored by Council Member Andrew Cohen, would require the City of New York to waive and/or refund all revocable consent fees for unenclosed sidewalk cafes due between March 1, 2020 and February 28, 2021. Enclosed sidewalk café consent fees would be waived for the duration of the Mayor’s Emergency Executive Order No. 105 published on April 4, 2020. (Voted out of Consumer Affairs Committee)
Provides additional protections against commercial tenant harassment
Proposed Introduction No. 1914-A, sponsored by Council Member Adrienne E. Adams and Speaker Corey Johnson, would make threatening a commercial tenant based on their status as a COVID-19 impacted business or person a form of harassment punishable by a civil penalty of $10,000 to $50,000. This bill would not impact a tenant’s obligation to pay rent or a landlord’s ability to enforce the terms of the lease, including lawful termination. (Voted out of Small Business Committee)
Protects COVID-impacted businesses by suspending personal liability provisions in leases
Proposed Introduction No. 1932-A, sponsored by Council Member Carlina Rivera and Speaker Corey Johnson, would suspend personal liability provisions for certain businesses. These provisions, which are common in small business leases, allow a landlord to hold a business owner personally liable if they are unable to pay rent. To avoid the seizure of an owner’s personal assets or property, they must turn in the keys to the property, effectively ending their lease.
The bill would suspend these provisions for businesses that were impacted by mandated closures or service limitations, including: (1) businesses that were required to stop serving food or beverages on-premises (restaurants and bars); (2) businesses that were required to cease operations altogether (gyms, fitness centers, movie theaters); (3) retail businesses that were required to close and/or subject to in-person restrictions; and (4) businesses that were required to close to the public (barbershops, hair salons, tattoo or piercing parlors and related personal care services). (Voted out of Small Business Committee)
HOUSING & BUILDINGS
Amends the definition of harassment to include threats based on a person having been impacted by COVID-19
Proposed Introduction No. 1936-A, sponsored by Council Member Ritchie J. Torres and Speaker Corey Johnson, would expand the definition of harassment to include threats against an individual based on their status as a COVID-19 impacted person, their status as an essential employee, or their receipt of a rental concession or forbearance. Violations of this legislation would be punishable by a civil penalty of $2,000 to $10,000.
CONSUMER AFFAIRS
Requires city agencies to publish a list of licenses, permits, consents or registrations not covered by the renewal extension in Mayor Bill de Blasio’s Executive Order no. 107
Preconsidered Introduction No. ___, sponsored by Council Member Steven Matteo, would require city agencies to publish a list of any licenses, permits, consents or registrations that are not covered by the renewal extension provided for by the Mayor’s Emergency Executive Order Number 107 issued on April 14, 2020. Renewal deadlines would be required to be no earlier than 45 days after the lapsing of Executive Order Number 107. This bill would require city agencies to make this list publicly available on their websites within 14 days of the enactment of this bill. 

AG James Wins Suit Against AAUCONNECT for Misleading Consumers



AAUCONNECT.COM Ordered to Refund Former
Customers; Owners Forced to Shut Down Program 

  Attorney General Letitia James today delivered justice for families who were misled and deceived by the owners of an Endicott-based high school and post-graduate basketball program. AAUCONNECT advertised itself as a premier basketball training program, but actually took money from families and did not provide promised training, housing, and education. Attorney General James sued, and this week the court ordered that AAUCONNECT owners issue refunds to former customers and banned them from owning or operating any high school program and post-graduate high school basketball business now and into the future.

“Justice has been served for these students who were hoping for a shot at their dreams,” said Attorney General James. “My office will not tolerate these deceptive practices that cheat students and parents out of their future and their wallets. I am pleased that we were able to shut this fraudulent operation down and secure refunds for all those impacted.”
The Attorney General’s Office filed a lawsuit in September 2018 alleging that AAUCONNECT.COM, Chris Bevin, and Hazel Ward advertised unverified claims that their program is the #1 post-graduate boys and girls basketball program in the northeast, “the best in New York,” and has “the very best coaching, training & educational facilities and college placement service.” AAUCONNECT.COM offers athletes from around the world the opportunity to participate in a ten-month New York International Academy High School or six-month post-graduate program. Consumers also complained that Bevin and Ward, who held the roles of CEO and Admissions Counselor for the company, were absentee owners that lived outside of the United States and were never present to supervise the program or address problems that arose. 
AAUCONNECT failed to clearly disclose to consumers that any payments are non-refundable or that they charged significant fees for late payments. Additionally, they failed to pay refunds after consumers left the program due to Bevin and Ward not providing the advertised services and accommodations.
Going forward, the Attorney General’s Office will provide the court with information regarding which participants are entitled to the refunds, the calculation of the total amount for each refund, and the basis for those calculations. The office has until August 31, 2020 to fulfill these obligations. Attorney General James encourages any additional consumers who believe that they may have been damaged by Mr. Bevin, Ms. Ward, and AAUCONNECT to file a complaint, along with proof of loss, with the Attorney General’s Binghamton Regional Office by August 15, 2020.