Tuesday, March 14, 2017

A.G. Schneiderman Warns Against Price Gouging During Winter Storm Stella In New York State


A.G. Urges New Yorkers To Report Potential Fraud To His Office, Offers To Tips To Protect Consumers
Schneiderman: We Won’t Tolerate Anyone Who Seeks To Capitalize On This Snowstorm At The Expense Of New Yorkers
    Attorney General Eric T. Schneiderman today issued a consumer alert warning both consumers and businesses about price gouging ahead of this week’s blizzard that is expected to impact parts of New York State. A blizzard warning has been in effect since Monday morning for certain areas, including New York City, parts of Long Island and Westchester county. A winter storm warning is also in effect across New York State.
General Business Law prohibits excessive increases in prices of essential goods and services like food, water, gas, generators, batteries, and flashlights, hotel lodging, and transportation, during natural disasters or other events that disrupt the market. During and after severe winter weather events, these goods and services might also include snow plowing, snow removal from roofs, shovels and other snow removal equipment, salt, and contract services for storm-related damage.
“Unscrupulous fraudsters will use severe winter weather as an excuse to illegally line their pockets,” said Attorney General Schneiderman. “We won’t tolerate anyone who seeks to capitalize on this snowstorm at the expense of New Yorkers. Anyone who thinks they have been the victim of price gouging should immediately contact my office.”
Any New Yorkers who believe they have been the victim of price gauging should call the Attorney General's office at 800-771-7755 or visit www.ag.NY.gov/price-gouging-complaint-form to file a complaint.
New York State’s Price Gouging Law (General Business Law § 396-r) prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during an “abnormal disruption of the market.” The price gouging law covers New York State vendors, retailers and suppliers, including but not limited to supermarkets, gas stations, hardware stores, bodegas, delis, and taxi and livery cab drivers.
The aftermath of winter storms may also necessitate the hiring of contractors to assist with additional snow removal and home repairs. Reports of roof collapses and the possibility of flooding from warming temperatures are two areas of significant concern. Consumers should protect themselves when hiring contractors to perform storm-related services by considering the following:
  • Shop around. Get at least three estimates from reputable contractors that include specific information about the materials and services to be provided for the job.
  • Get it in writing. Insist on a written contract that includes the price and description of the work needed.
  • Don't pay unreasonable advance sums. Negotiate a payment schedule tied to the completion of specific stages of the job. Never pay the full price up front.
  • Get references. Check with the Better Business Bureau, banks, suppliers, and neighbors. Always contact references provided to you.
  • Know your rights. You have three days to cancel after signing a contract for home improvements. All cancellations must be in writing.
The Attorney General has a history of successfully cracking down on illegal price gouging. This past February, the office announced a settlement with a hotel by JFK Airport that illegally price gouged more than 300 guests during the Jonas Ice Storm in January 2016.
In the wake of Hurricane Sandy, which saw hundreds of complaints in response to some of the largest jumps in gas prices in state history, Attorney General Schneiderman filed lawsuits with more than 50 gas service stations for violations of the New York State Price Gouging Law. The monetary settlements reached in these settlements totaled more than $300,000 in penalties and costs.
The Attorney General also reached an agreement with Uber in 2014 to limit prices during “abnormal disruptions of the market” consistent with New York’s price gouging statute. Under the agreement, Uber sets a cap on its pricing during emergencies and natural disasters limited to the normal range of prices it charged in the preceding sixty days – while also limiting the allowable range of prices by excluding from the cap the three highest prices charged on different days during that period.
The Attorney General previously filed two lawsuits and reached a settlement against contractors accused of price gouging during the massive snowstorm in Greater Buffalo in November 2014. The Attorney General’s Office received complaints against two companies for charging $2,000 to remove snow for consumers. In some instances, it is charged that one of the companies failed to remove all snow from roofs, as it only agreed to remove 4 feet of snow from the gutter upward, leaving a significant amount of snow left on the roofs.
The Attorney General’s settlement with Buffalo and Orchard Park Topsoil followed an investigation which revealed that the company was charging up to $650 to remove snow from consumers’ driveways during the 2014 storm. The Attorney General’s investigation revealed $650 was at least double what other contractors were charging for the same service. The company agreed to pay restitution to each consumer in the amount it paid in excess of $300, and a fine in the amount of $150 per occurrence.
New York's price gouging law takes effect upon the occurrence of triggering events that cause an “abnormal disruption of the market.” An “abnormal disruption of the market” is defined as “any change in the market, whether actual or imminently threatened,” that results from triggering events such as “weather events, power failures, strikes, civil disorder, war, military action, national or local emergency, or other causes.” During an abnormal disruption of the market like a major weather event, all parties within the chain of distribution for any essential consumer goods or services are prohibited from charging unconscionably excessive prices. “Consumer goods” are defined by the statute as “those used, bought or rendered primarily for personal, family or household purposes.” For example, gasoline, which is vital to the health, safety and welfare of consumers, is a “consumer good” under the terms of the statute. Therefore, retailers may not charge unconscionably excessive prices for gasoline during an abnormal disruption of the market.
New York's price gouging law does not specifically define what constitutes an “unconscionably excessive price.” However, the statute provides that a price may be unconscionably excessive if: the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market.

A.G. Schneiderman And Comptroller Dinapoli Announce Arrest Of Upstate Woman For Theft Of Over $67K In NYS Pension Benefits, $19K Welfare Fraud


Tammy Banack Allegedly Stole $67K In Pension Benefits Intended For Her Deceased Mother Over Nearly 6 Years

Defendant Also Charged With Stealing $19K In Medicaid Benefits Through Onondaga County Department Of Social Services

Schneiderman: We Will Continue Working To Root Out And Prosecute Pension And Welfare Fraud To The Fullest Extent
     Attorney General Eric T. Schneiderman and New York State Comptroller Thomas P. DiNapoli announced today the unsealing of a five-count indictment charging Tammy Banack, a resident of Kirkville, New York, with one count of Grand Larceny in the Second Degree, a class C felony, one count of Welfare Fraud in the Third Degree, a class D felony, two counts of Grand Larceny in the Third Degree, a class D felony, and one count of Offering a False Instrument for Filing in the First Degree, a class E felony.
Banack is alleged to have stolen over $67,000 in pension benefits issued by the New York State and Local Employees Retirement System to her deceased mother, Rosemary Banack, between January 2010 and July 2015. Banack is also charged with fraudulently obtaining over $19,000 in welfare benefits administered by the Onondaga County Department of Social Services by concealing the pension income on her application and re-certifications of eligibility for Medicaid assistance.
“To exploit the death of a loved one by stealing their pension benefits is reprehensible,” said Attorney General Schneiderman. “Today’s arrest sends the message that we will keep working to root out and prosecute pension and welfare fraud to the fullest extent.”
“When her mother died, Tammy Banack concealed the death from the New York State & Local Retirement System to steal $67,000,” said State Comptroller DiNapoli. “I thank Attorney General Schneiderman for partnering with us to find and prosecute those who steal public retirement funds.”
According to documents filed with the court today, Banack’s father, Anthony Banack, was a New York State pensioner who retired in 1991. At the time of his retirement, Anthony Banack selected to receive his pension as a Pop Up Joint Allowance Half, which provided him with a reduced pension benefit but allowed him to pass on pension payments to his wife, Rosemary Banack, at the time of his death. Anthony Banack died in 2004, and Rosemary Banack ultimately began to receive her share of monthly pension benefits via direct deposit to a joint bank account she held with Tammy Banack.
Rosemary Banack died on December 31, 2009. According to prosecutors, Tammy Banack is listed as the informant on her death certificate. However, prosecutors allege that Tammy Banack concealed Rosemary Banack’s death from Citizens Bank and the Retirement System, in order to maintain the joint bank account to which the pension benefits were issued. Tammy Banack then systematically accessed the account and withdrew the funds or spent them on herself as they were issued. All told, prosecutors allege Tammy Banack stole over $67,000 in pension benefits until the Retirement System discovered her mother’s death in mid-2015.
The prosecution also alleges that in November 2012, Tammy Banack applied for and wrongfully obtained Medicaid assistance with the Onondaga County Department of Social Services. According to documents filed with the Court, Banack allegedly falsely underreported her monthly income to the Onondaga County Department of Social Services by concealing the approximately $1,000 per month in pension benefits she was taking both on her original application and in two subsequent re-certifications of eligibility for benefits. As a result, prosecutors allege that Tammy Banack wrongfully obtained over $12,000 in Medicaid payments and nearly $7,000 in managed care payments she was not actually entitled to from November 2012 through July 2015.
Banack was arraigned on the indictment today before Honorable Stephen J. Dougherty in Onondaga County Court, and entered a plea of not guilty. Bail was set at $20,000 bond or cash. If convicted, Banack faces up to 5 to 15 years in state prison.
The charges are accusations and the defendant is presumed innocent unless and until proven guilty.
The case is the latest joint investigation under the Operation Integrity partnership of the Attorney General and Comptroller, which to date has resulted in dozens of convictions and more than $11 million in restitution.
Attorney General Schneiderman and Comptroller DiNapoli thanked the Onondaga County Department of Social Services for its assistance.
Comptroller DiNapoli’s investigation was handled by the Comptroller’s Division of Investigations working with the New York State and Local Retirement System.

Assemblyman Mark Gjonaj - 4th Annual Bronx Immigration Forum


Assemblyman Mark Gjonaj , Senator Jeff Klein &
Assemblyman Michael Benedetto
invite you to the
4th Annual Bronx Immigration Forum 
Join us as we share important steps toward protecting yourself regardless of your immigration status for documented and undocumented immigrants.

 Panel Discussions on Immigration policy
 Community resource table
 Q & A's.


Thursday, April 6th,2017

5:30pm - 8:30pm

Bronx House
990 Pelham Parkway S
Bronx, New York 10461
Between  Bogart Ave/Hone Ave
 Train to Morris Park/ Buses BX 12 SBS, BX 12

For additional information, please call, Lilyanna at (718) 655-5000

WILLIAMS TO CHAIR HOUSING AND BUILDINGS COMMITTEE BUDGET HEARING


  On March 15, Council Member Jumaane D. Williams, Deputy Leader, will chair a Housing and Buildings Committee oversight hearing on the Fiscal 2018 preliminary operating and capital budgets for the Department of Housing Preservation and Development (HPD) and the Fiscal 2018 preliminary operating budget for the Department of Buildings (DOB).  The committee will hear testimony from HPD Commissioner Maria Torres-Springer, DOB Commissioner Rick Chandler, and interested members of the public. 

The committee will examine all components of HPD's $903 million dollar expense budget, and $3 billion dollar capital budget, along with details and progress related to Mayor de Blasio's Housing Plan. The committee will also receive updates on the progress related to the DOB's One City Built to Last initiative, improvements to its permit filing system and how DOB will address the increase in construction related accidents and injuries. 

The oversight budget hearing will be preceded by a vote on Council Member Elizabeth Crowley's unlicensed electrical work bill. Intro 0247, would increase the penalties for performing electrical work without a required license.

WHO: Council Member Jumaane D. Williams, HPD Commissioner Maria Torres-Springer,DOB Commissioner Rick Chandler, Council Member Elizabeth Crowley

WHAT: Budget Oversight Hearing / Committee Vote 

WHERE:  Committee Room in City Hall.


WHEN: Wednesday, March 15 @9:45 a.m.

Monday, March 13, 2017

MAYOR DE BLASIO URGES NEW YORKERS TO PREPARE FOR NOR’EASTER ON TUESDAY


Blizzard Warning in effect from late Monday night through late Tuesday night

New York City Public Schools closed Tuesday, March 14

   Mayor de Blasio just updated New Yorkers on the upcoming winter storm. The National Weather Service has issued a Blizzard Warning in effect from late Monday night through late Tuesday night. The New York City Emergency Management Department has issued a hazardous travel advisory for Tuesday, March 14. A nor’easter is forecast to bring heavy snow along with strong, potentially damaging winds and widespread minor to locally moderate flooding along the most vulnerable coastlines and shore roads. The latest forecasts anticipate approximately 12 to 18 inches of snow accumulation.

“This will be a dangerous storm with heavy snowfall and strong winds,” said Mayor Bill de Blasio. “We are urging all New Yorkers to avoid unnecessary travel on Tuesday – if you can, stay home. If you have to travel, use mass transit and be prepared for delays.”

“NYC Emergency Management will activate the City’s Emergency Operations Center this evening to coordinate the City’s preparation and response to the storm,” said NYC Emergency Management Commissioner Joseph Esposito. “We’re working with dozens of our City, state, federal, and private-sector partners to monitor conditions and keep New Yorkers safe throughout the storm.”

“Sanitation is ready to meet the challenges of the winter storm. As the first of the first responders, our 689 salt spreaders will be pre-deployed to treat roadways as soon as flakes fall.  They will be joined by more than 1,600 collection truck plows when the snow reaches a depth of 2 inches on the street,” said Sanitation Commissioner Kathryn Garcia.  “We’ve split our workforce into two, 12 hour shifts of 2,400 workers per shift in order to provide coverage to all five boroughs around the clock.  We do ask that you stay off the roads as much as possible and not crowd our plows. This will enable crews to navigate more safely around the city.”

Latest Forecast

A Blizzard Warning is in effect for New York City from late Monday night through lateTuesday night.  Light snow is expected to begin late Monday night, and will intensify overnight into early Tuesday morning. The heaviest snowfall is expected Tuesday morning through the afternoon, with rates as much as 2 to 4 inches per hour possible. Strong winds are expected to accompany the heavy snowfall, with wind speeds 20 – 30 mph, and gusts 35 – 50 mph, creating hazardous travel conditions.  The snowfall is expected to taper off Tuesdayevening. A total accumulation of 12 to 18 inches is anticipated, but locally higher amounts are possible.

The National Weather Service has issued a Coastal Flood Advisory from 8 a.m. to 12 p.m.Tuesday for Manhattan, areas near the coastline in Brooklyn and Staten Island, and areas along the southern shores of Queens.  A Coastal Flood Advisory is also in effect from 12 p.m. to 4 p.m. Tuesday for The Bronx and areas along the northern shores of Queens. Minor to moderate flooding of the most vulnerable shore roads and/or properties is possible. Coastal residents should be alert for updates and take action to protect property.

Schools 

  • All New York City public schools will be closed on Tuesday. After-school programs, adult education, YABC programs, and PSAL activities are also canceled.

Parking and Trash Collection

  • Alternate Side Parking is suspended Tuesday, March 14 and Wednesday, March 15, to facilitate snow removal operations. Parking meters remain in effect throughout the City.

  • Garbage/recycling/organics collections are suspended to facilitate snow removal.

Travel

  • Motorists are advised to stay off the roads. If you must travel allow for extra time, use mass transportation whenever possible, and anticipate delays. New Yorkers are also urged to exercise caution and minimize walking outdoors during the storm.

Ferry and Citi Bike Service

  • The Staten Island Ferry is expected to run on a normal schedule, but all passengers should allow extra time should weather conditions impact the schedule.

  • Citi Bike service will be suspended at 11:00 p.m. Monday until further notice.

New York City continues its extensive preparedness efforts.  Below is a summary of agency specific preparedness activities.

Heat and Hot Water

  • Any tenant lacking heat and hot water should immediately call 311. The Department of Housing Preservation and Development has crews responding.

  • New York City continues its extensive preparedness efforts.  Below is a summary of agency specific preparedness activities.

311

·311 has staffed an additional 40 workers to facilitate calls on Tuesday from 7 a.m. to 11 p.m., and additional 20 workers from 12 a.m. through 7 a.m. Wednesday.

·Customers can reach 311 through 6 channels: Call center, 311 Online, Chat, 311-692 text, NYC311 Mobile App, and 311 Social Media. 

DSNY

  • The New York City Department of Sanitation (DSNY) has pre-deployed 689 salt spreaders across the five boroughs. PlowNYC will be activated and more than 1600 plows will be dispatched when more than two inches of snow accumulates. Plowing progress can be followed via PlowNYC at nyc.gov/plownyc.

  • DSNY has assigned 2,400 workers per shift. Workers were assigned to 12 hour shiftsMonday.

  • DSNY has 283,000 tons of rock salt available.

DOT

  • DOT has deployed crews to pre-treat pedestrian overpasses and step streets, and to ensure that ferry terminals are pre-salted in advance of any snow.

  • DOT crews will use anti-icing trucks on the East River Bridges to keep the road decks passable and will also clear snow as needed.

  • During snow operations, DOT typically deploys more than 500 personnel and more than 300 pieces of equipment, including nearly 80 trucks for plowing over several shifts.

  • DOT has suspended all over-dimensional truck permits for Monday night andTuesday.

  • The Long Island Expressway (LIE) HOV Bus Lane will not be in service on Tuesday, March 14.

NYC Emergency Management

  • NYC Emergency Management is working closely with the National Weather Service to monitor the storm’s track to determine the impacts to New York City.

  • NYC Emergency Management will activate the City’s Emergency Operations CenterMonday at 9 p.m. with approximately 90 representatives per shift representing 34 city, state, and federal agency partners.

  • NYC Emergency Management ‘s EOC will be staffed by approximately 90 people per shift, representing 34 agencies and stakeholders.

  • City Task Forces for fuel, generators/de-watering, commodities distribution, health/medical, food access, debris management, and downed trees have notified and are monitoring the storm.

  • NYC Emergency Management has begun extensive outreach to elected officials with the latest information regarding the storm’s track and potential impact to the City.

Homeless Services

  • A Code Blue Weather Emergency notice is issued when the temperature drops to 32 degrees Fahrenheit or less between 4 p.m. and 8 a.m., including National Weather Service calculations for wind chill values. 

  • No one who is homeless and seeking shelter in New York City during a Code Blue will be denied. Should you see a homeless individual out in the cold, please call 311 and an outreach team will be dispatched to offer assistance.

  • Code Blue Weather Emergencies include the following options for the homeless: shelters, drop-in centers, safe havens and stabilization beds, and street homeless outreach.

DOB

  • DOB has advised property owners, contractors, and crane operators to take precautionary measures during the storm.

  • The Department will be performing random spot-check inspections of construction sites around the City. If sites are not secured, the Department will take immediate enforcement action –issuing violations and Stop Work Orders, where necessary.

DEP

  • The Department of Environmental Prevention has deployed crews to inspect and clear catch basins at known flooding locations prior to the storm. All scheduled water shutdowns – water meter and boiler inspections – have been canceled Tuesday.

  • DEP has secured all construction sites in anticipation of high wind speeds.

FDNY

  • An additional 500+ FDNY members will be operating during the storm, including 130 ambulances citywide and an additional Firefighter on all Engine Companies.

  • Five high-axle vehicles, staffed with firefighters, will be deployed to each borough.

  • Additional Rescue and Squad companies will be staffed.

  • FDNY has 12 rapid response vehicles and 8 brush fire units which will respond to emergencies with existing fire companies.

  • Staffing increased on Marine companies and special units, and additional Chiefs have been assigned to operate citywide including the rockaways and Staten Island.

NYCHA

  • NYCHA will monitor heat and hot water at its facilities and has mobilized equipment in advance of tomorrow’s storm.

  • More than 3,000 workers mobilized to begin snow removal at 6 a.m. tomorrow.

Parks

  • Due to high winds and low visibility, New Yorkers are urged to stay out of City parkson Tuesday, March, 14. Parks’ recreation centers will be closed Tuesday, March 14.

  • The Parks department will provide 44 plows to assist DSNY with snow removal operations. Parks has assigned workers to 12 hour shifts.

  • Approximately 1000 staff, 300 vehicles and 100 pieces of mechanized equipment will be prepared for snow removal in and around City parks.

  • In preparation for coastal flooding, Parks will install storm panels in the baffle walls at Rockaway Beach between Beach 127 and 149 Street. In Staten Island, Parks will monitor beach berms. In The Bronx, sandbags are being placed along Orchard Beach.

DFTA

  • Additional meals have been delivered to meal clients for Tuesday and Wednesday. Meal delivery service is scheduled to resume on Thursday, March 16.

  • Senior centers are closed on Tuesday, March 14. New Yorkers are asked to check on their neighbors, friends, and relatives — especially the elderly and those with disabilities and access and functional needs.

Heat and Hot Water

  • Any tenant lacking heat and hot water should immediately call 311. The Department of Housing Preservation and Development has crews responding.

STAY SAFE

NYCEM encourages New Yorkers to take the following steps to prepare ahead of the storm:

  • New Yorkers are advised to stay indoors during severe winter weather or dangerous cold. 

  • New Yorkers should avoid all necessary travel. If you have to travel, use mass transit. If you must drive a vehicle, monitor weather and traffic reports for the latest road conditions. Drive slowly. Posted speed limits are for ideal weather conditions.

  • Report immediately any loss of heat or hot water to your building superintendent, property manager or owner

  • Residents should also check on their neighbors, friends, and relatives, especially the elderly and those with disabilities, and access and functional needs during periods of extreme cold.

  • Check on neighbors who might need extra help. Help them get to a warm place, like a relative’s home. Call 911 if you see someone with signs of hypothermia.

  • Stay with family or friends or go to a NYC warming center, if one is open near you, until heat is restored.  Call 311 to see if a warming center near you is open.

  • Make sure your home has a working smoke alarm.

  • If you must go outside, take steps to stay safe and warm .

  • Wear layers of warm clothing and cover exposed skin.

  • Take extra care outdoors to avoid slips and falls from icy conditions; older adults are particularly at risk for injury from slips and falls.

Engel Responds to Congressional Budget Office Analysis of Republican Health Care Billh Care Bill


Congress’s Independent Scorekeeper: GOP bill to repeal the Affordable Care Act Will Take Insurance Coverage from 14 Million Americans by 2018

   Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, released the following statement regarding the nonpartisan Congressional Budget Office’s (CBO) analysis of Republicans’ bill to repeal the Affordable Care Act (ACA):

“When the Energy and Commerce Committee considered Republicans’ health care bill last week, I said that my GOP colleagues’ behavior suggested that they have something to hide. The Congressional Budget Office has now revealed exactly what the GOP was hiding.

“According to CBO, the GOP bill to repeal the ACA will take insurance coverage away from 14 million Americans by 2018. Not a few Americans, not some—millions. That number will grow to 21 million in 2020, and 24 million in 2026.

“This estimate – while staggering – is not unexpected, given the policies included in the Republican bill.

“Their proposal radically structures the Medicaid program in a way that will force states to ration care, including care for children. In addition, their bill terminates the ACA’s expansion of Medicaid, which allowed more than 12 million Americans to gain health coverage. The GOP bill also eliminates the ACA’s premium tax credits that millions rely on to pay for health coverage, in exchange for an inadequate flat tax credit that leaves working families totally exposed to premium increases.

“Families who do not lose coverage altogether under the GOP plan will have fewer protections, including those that safeguard seniors and people with pre-existing conditions against discrimination. Indeed, CBO notes in its readout that the GOP bill would allow insurers to ‘substantially’ increase premiums for older Americans.

“In short – under the Republican plan, Americans will be paying more and getting less.

“The White House promised a plan that would bring ‘better health care, for more people, at a lesser cost.’ It is clear why the GOP pushed this bill through two House committees prior to the release of this CBO analysis: they can no longer claim with any credibility that their plan achieves these goals.”

Bronx H.I.R.E. Certification Event


KRVC - Join us this Friday for the Shamrock Shuttle