Friday, July 2, 2021

184 Days and Counting

 


Boy am I glad I am term limited out this year. I don't know what happened at the Board of Elections these past few days, but heads are going to roll. When State senate Majority Leader Andrea Stewart -Cousins says there is a national scandal at the NYC BOE, there will be legislation brought out to break up the two party hold on it. 


The state however will probably redo the BOE into an all Democratic operation like the state legislature is. This now puts a question on how Rank Choice Voting goes on in New York City, and as your mayor, I am completely powerless on the matter.

Rep. Bowman Announces Additional Pfizer Doses to Be Distributed at Co-op City Vaccination Center

 

 “My office is excited to announce that we have confirmed that the Co-op City vaccine distribution center will be able to continue serving residents with additional doses of the Pfizer COVID-19 vaccine. We would like to thank Governor Cuomo and Mayor de Blasio for moving this request forward expeditiously. 

“The Bronx currently has the lowest vaccination rate of any borough, with only 47% of residents having received at least one dose, and only 31% of Black residents. The numbers are especially concerning for younger adults; just a quarter of Black Bronxites between 18 and 44 have gotten a vaccine shot. 

 

“At a time when concerning variants of COVID-19 are spreading throughout the country and around the world, it’s urgent that our unvaccinated neighbors get the vaccine as quickly as possible. I’m hopeful that this expansion of Pfizer vaccines — which are safe, effective, and free to all — will help us to close that gap in Co-op City and keep our families safe.”


Thursday, July 1, 2021

Comptroller Stringer Audit: Water Lead Testing and Remediation in New York City Schools Reveals Inefficiencies and Delays

 

DOE audit found none of the schools received primary lead testing by the October 31, 2016 deadline set by State law

Only 65 percent of the fixtures requiring remediation from 2018 and 2019 testing periods were tested in a timely manner. Fixtures were found to have pending repairs at Brooklyn schools for over three years, including 27 at one school located in Bushwick and 23 at another school located in East New York

Comptroller Stringer recommended actions to ensure a timely and accountable response to protect the safety of the city’s schoolchildren and staff

Follows September 2019 investigation revealing City’s systemic failure to protect children from lead exposure

  New York City Comptroller Scott M. Stringer released an audit uncovering weaknesses, inefficiencies, and delays in the New York City Department of Education’s (DOE’s) testing of lead levels in water and subsequent remediation of fixtures with elevated lead levels in the city’s public schools. The findings showed that while the DOE ultimately did perform testing of all schools as required, none of them received the primary testing by the October 31, 2016 deadline set by the Lead Testing in School Drinking Water regulation of the New York State Department of Health (NYSDOH). The audit also found, in addition to delays in testing, submission of testing results, and post-remediation testing, a staggering 84 percent of the city’s schools had at least one water fixture tested that had elevated lead levels since 2016, with 10,814 such fixtures identified in the primary testing year (November 29, 2016 through April 26, 2017). Moreover, only 65 percent of the fixtures requiring post-remediation testing from the 2018 and 2019 testing periods were tested in a timely manner. The audit further found that fixtures in Brooklyn schools were awaiting repairs for over three years, including 27 at one school located in Bushwick and 23 at another school located in East New York.

Comptroller Stringer outlined a comprehensive set of recommendations to improve the DOE’s handling and remediation of fixtures requiring lead testing in the city’s schools to ensure all students and staff are protected from dangerous lead.

“No child, teacher, or member of school staff — whether in Washington Heights or Brownsville — should be exposed to lead in our public school buildings,” said New York City Comptroller Scott M. Stringer.  “Our audit found that the DOE’s testing and remediation of lead was perennially delayed — potentially exposing both students and staff to dangerous levels of lead in school drinking water. The science is clear that lead exposure is extremely dangerous and can cause lifelong health problems — especially for our youngest children. The DOE must improve its lead inspection and remediation processes to ensure lead is detected and addressed immediately. Our children and school staff deserve nothing less.”

The DOE’s lab testing protocols required an immediate tagging of a school water fixture and removing it from service if the lead level in drinking water exceeded a mandated action level of 15 parts per billion (ppb). In May 2018, an amendment to the Lead Testing in School Drinking Water regulation was signed that required all State schools be tested for lead in 2020. The DOE obtained permission from the NYSDOH to test one-third of the schools each year for Calendar Years 2018, 2019, and 2020, following the primary testing period deadline of October 31, 2016.

Comptroller Stringer’s audit found the following inefficiencies with regard to the DOE’s controls over lead testing, sample collection and remediation of school water fixtures:

  • None of the schools tested received their primary testing by the October 31, 2016 deadline set by the State.
  • 84 percent of schools tested (1,323 out of 1,574) had at least one fixture test with elevated lead levels since 2016, with 10,814 such fixtures identified during the primary testing year. Delayed testing placed school students and personnel drinking water from these fixtures at risk for a longer period of time than would have been the case if the testing had been done within the initially mandated time frames.
  • In total, more than 1 out of every 10 fixtures tested (11 percent) had elevated lead levels at the time they were tested.
  • 95 percent or more of the schools in three zip codes in Brooklyn (East New York, Bushwick, and Brownsville) had at least one fixture that tested with an elevated lead level.
  • DOE did not ensure that environmental consultants met certain deadlines in part by omitting the period between the collection of samples to their submission to the lab, a portion of the process where delays were observed.
  • DOE did not assemble the data necessary to monitor whether the environmental consultants conducted the process in a timely manner.
  • Only 65 percent of the fixtures requiring remediation from the 2018 and 2019 testing periods were tested in a timely manner in accordance with the DOE’s timetable.
  • DOE had no evidence that it tracked the timeliness of fixture remediation and repair.
  • Fixtures in Brooklyn schools were found to be awaiting repairs for over three years, including 27 at one school located in Bushwick and 23 at another located in East New York.
  • 5,188 (2 percent) out of 270,822 water samples (from 583 schools) were not collected on days when schools were in full session as recommended, which could result in higher lead results.
  • 325 (<1 percent) out of 152,914 fixtures did not receive all of the required tests (while the number of exceptions are small, each one reflects an increased risk to the health of students and staff in the City’s schools).
  • 15 (1 percent) of the 1,574 schools that were open as of September 2019 did not meet the required stagnation period when they received their initial water testing.
  • Data in the Lead in Water database generally reconciled with the information contained in the lab reports, although instances of missing or unsubstantiated information were identified.

In response to these findings, Comptroller Stringer recommended the following actions to the DOE:

  • Ensure timely compliance with State rules and regulations pertaining to lead testing in water.
  • Track and monitor testing timeframes, to ensure ECs are conducting the tests and submitting the results timely, and incorporate timeframes for the entire process into its written internal policies and procedures.
  • Track and monitor the timeliness of fixture remediation and repair of out of order fixtures and follow-up with Facilities and the plumbing contractors in instances where remediation or repair is not done timely.
  • Follow lead testing guidelines recommended by NYSDOH and test water when school is in full session.
  • Ensure that fixtures which were re-tested during the summer months with elevated lead levels are retested.
  • Ensure that fixtures without any subsequent tests are retested.
  • Ensure that appropriate stagnation periods are met when accommodating schools’ requests for testing on specific dates.

This audit follows Comptroller Stringer’s September 2019 investigation that revealed the City’s systemic failure to protect children from exposure to toxic lead. The Comptroller’s investigation found that City agencies charged with eradicating childhood lead poisoning missed crucial opportunities to protect children by failing to take a proactive approach to prevent lead exposure.

To read Comptroller Stringer’s audit of the DOE’s lead testing in New York City schools, click here.

Speaker Corey Johnson, Finance Committee Chair Daniel Dromm, and Mayor Bill de Blasio Announce Agreement on FY 2022 Budget

 

The $98.7 billion budget includes $500 million in new reserves and major investments in education, housing and quality of life

 City Hall, NY – Speaker Corey Johnson, Finance Committee Chair Daniel Dromm, and Mayor Bill de Blasio announced a $98.7 billion budget agreement for the Fiscal Year 2022 that includes major investments and restorations in education, seniors, youth and quality of life enhancements like sanitation services. The budget will baseline successful Council programs that have been shown to help New Yorkers, and will reverse painful cuts felt across the City, including in our parks, cultural institutions and libraries.  

The FY 22 budget, which was on time and goes into effect at the start of the new fiscal year on July 1, was negotiated with a focus on rebuilding, recovering, and reimagining the City in a more fair and equitable way. It will be voted on at the Council’s stated meeting on June 30. This will be the first in-person Council stated in 16 months.

The FY 22 budget includes over $426 million in city-wide initiates, a welcome increase from last year’s $331 million. This allowed the Council to not only restore many programs to pre-pandemic levels, but also launch new initiatives and increase support for key programs in areas such as alternatives to incarceration, housing, foreclosure prevention, senior services, community development and help for small businesses.  

The Council also fought for and won an additional $500 million in budget reserves. That money will be deposited in the new Rainy Day Fund Balance to bring it up to almost $1 billion. This fund was created in 2020 by the Council in response to recommendations from the Charter Reform Commission. This is the city’s first multi-year reserve account. It was created to allow the city to build up reserves in a more transparent way.  

“No one could have predicted the challenges this city has faced since our last in-person stated 16 months ago, nor the progress we have made to overcome the pandemic and reopen. This budget is focused on rebuilding, recovering and reimagining our City in a more fair and equitable way. Once again, this Council negotiated a fiscally-responsible budget that helps all New Yorkers now and in the future. That was our commitment three and a half years ago when I became Speaker and I’m proud of this legislative body’s work to pass on-time and balanced budgets every year in good times and bad,” said Speaker Corey Johnson.  

“I’m very proud of this budget and what it will do to help NYC recover from the devastation caused by the COVID-19 pandemic. This budget will help us fortify our health care systems and allow our local nonprofits to continue serving those in need. Additionally, this budget restores almost every funded organization back to FY20 funding levels. I am also proud of the funding I was able to secure in the budget for LGBTQ organizations which for years have been overlooked and underfunded. Most importantly, we put $500 million in the new Rainy Day Fund to offset any future crisis. On a personal note, this is my last budget as Finance Chair and I would like to thank Speaker Corey Johnson for all the faith he has placed in me. I also want to thank all the members of the Council Finance Committee team for putting in long days and nights to make this happen.” said Council Member Daniel Dromm, Chair of the Committee on Finance.   

The FY 2022 budget includes:

Major investments in education and youth  

·         One hundred percent Fair Student Funding: This historic level of resources will provide $607 million in additional Fair Student Funding so that every single public school in the City will receive 100 percent of their Fair Student Funding allocation. 

o    Fair Student Funding is the primary funding source for school budgets and allows school principals the discretion to spend these funds on school essentials such as pedagogical staff, enrichment programs, and support staff. 

·         Additional Education Investments:   

o    $18 million for a class size reduction program;  

o    $24 million to increase the rate paid to the Summer Rising providers;  

o    $9 million to make community schools whole and $5 million to add ten new community schools;  

o    $2 million for the LGBTQ curriculum;  

o    and $10 million for the education equity curriculum;  

o    and $26 million for a citywide literacy curriculum to help students read at grade level and address the learning loss created by virtual learning.  

·         Support Students for a Better Tomorrow: The budget will include $160 million for universal summer school, $22 million to expand special education pre-kindergarten, $19.7 million to restore College Access for All, and $500 million to support programs such as small group tutoring to help our students recover from the impact of the COVID-19 education setbacks, and to set them up for success going forward. 

·         Expand Social Workers in Schools: The FY 22 budget adds $81.1 million for 650 positions to the Department of Education to ensure that every school has access to a mental health professional.  

·         Mental Health Continuum: DOE will provide $5 million for direct mental health support to students in a mental health continuum as recommended by the Mayor’s Leadership Team on School Climate and Discipline. This continuum of services in high need schools would give students with significant mental health needs access to direct mental health services and behavioral supports so they can remain in school. 

Quality of life 

·         Improving Sanitation Services: The budget included $20 million in sanitation services pushed for by the Council, including $7 million to expand organic drop-off sites, $4 million to fully fund the commercial waste zone program, $451,000 to restore the syringe collection cut, and $1.8 million to start a Zero Waste organics pilot at schools and the New York City Housing Authority. 

·         Keep Streets Clean: In order to combat street litter, the budget will include $8.6 million for additional litter basket collection, $1.6 million to purchase 200 rat resistant baskets, and $935,000 for new public waste containers. 

·         Maintain our Parks: One thing that was confirmed during the COVID-19 pandemic was the importance of our Parks which were widely used for recreation and exercise and just a space to breathe and relax over the past chaotic year. This year’s budget will include $25 million to restore 150 Park maintenance workers, hire 80 Park Enforcement Patrol Officers, restore 15 Green Thumb staff, hire 50 Urban Park Rangers, maintain natural forests and trails, and remove tree stumps. 

·         Honor our Cultural Institutions and Libraries: The budget will restore the $10.3 million cut to libraries and the $30 million cut to cultural programs and the Cultural Institutions Grant subsidy that had previously been announced. 

·         Help Small Business Recover: The $100 budget will fund various programs to provide a lifeline to struggling businesses, and more than $5 million to restore the Commercial Lease Assistance Program.  

·         Safeguard our Furry Friends: The budget restores $3 million for the Animal Care Center.      

New initiatives and increased support for key programs  

·         Hate crimes: In recognition of the abhorrent rise in anti-Asian hate incidents and the extreme impact of the pandemic on the Asian American and Pacific Islander (AAPI) community, the Council will create a new $4 million initiative called AAPI Community Support which will fund Asian-led and Asian-serving organizations to provide mental health services, racial literacy programs, anti-bias and hate crime work. Additionally, the budget includes $1 million for the Hate Crime Prevention Initiative, which supports community-based work aimed at preventing and responding to hate crimes, and $250,000 for Cure Hate, a program which supports swift, individualized responses to communities and victims of hate crimes, and will serve to heal communities and those affected by hate violence. 

·         Diversity, Inclusion and Equity in Tech Initiative: Diversity, Inclusion and Equity in Tech Initiative: This $700,000 budget funding supports career readiness training for residents of the New York City Housing Authority (NYCHA) pursuing careers in the technology industry.   

·         Digital Inclusion and Literacy Initiative: The budget will fund with $4.6 million this initiative that supports programing in each of the 51 Council Districts that provide computer-based training and learning, technical skill development, improve internet access, and offer free public streaming services. 

·         LGBT Community Services: The $4.7 million funding will support the outer borough LGBT Services Consortium, which works to increase coordinated delivery of health and human services for LGBT individuals and families in the outer boroughs of the city. 

·         Trans Equity Programs: This $3.3 million allocation will support a range of services to help empower the transgender and gender non-conforming (TGNC) community. Funding may support education programs, employment services, workforce development, healthcare navigation, legal guidance, community workshops, or academic research, among others.    

·         Children Under Five: A total of $2 million for programs which provide mental health treatment to children aged five years and younger. Some treatment activities may include screening and clinical evaluation; individual, small group, and child-parent psychotherapy; consultation to pediatricians, preschool teachers, and child welfare workers; and trauma-informed interventions. 

·         Geriatric Mental Health: Programs funded under this $3.4 million allocation initiative support organizations that provide a range of mental health services to older adults in non-clinical settings, such as senior centers, drop-in centers, religious institutions, social clubs, homeless prevention programs, and individual homes. 

Alternatives to incarceration and investments to avoid criminal justice involvement 

·         Alternatives to Incarceration: Almost $14.5 million for programs which provide individuals involved in the criminal justice system with alternatives to pre-trial detention, jail or prison. The programs include community service and substance abuse counseling, as well as short-term and long-term housing, job placement, and vocational training.  

o    The Council enhanced the ATI initiative by $2.6 million in two years, including a $1.6 million restoration to the FY 20 level, and an additional $1 million enhancement.    

·         Over $70 million dollars have been put towards existing and new initiatives to support and expand public safety alternatives to policing and incarceration. These funds, which were announced as part of the policing reform package the Council passed in March, include: 

o    The expansion of Summer Youth Employment to a total of 75,000 slots with an addition of 5,000 new spots in summer 2021 for CUNY students. 

o    $14.5 million to fund a new mental health case management program to provide 850 people with mobile and site-based intensive, ongoing case management services in under-served communities. 

o    An additional $4.4 million to double FY2021’s available funds for Intensive Mobile Treatment (IMT) Teams, which serve those with recent and frequent contact with the mental health, criminal justice, and homeless services systems, recent behavior that is unsafe and escalating, and those who were poorly served by traditional treatment models. 

·         Crisis Management System: $2.9 million in Council funding will support the Crisis Management System, which supports community-based anti-violence work and helps us move away from policing as a solution to every problem. The Council funding is in addition to another $27 million, which will be added to the budget to fund Cure Violence programs as part of our agreement with the de Blasio Administration. Cure programs are part of the Crisis Management System. The $27 million is expected to double the cure violence workforce in calendar year 2021 and, with an additional administration funding in out years, triple the workforce by 2022.  

Affordability and housing 

·         Foreclosure Prevention Programs: This initiative will receive $4.25 million for programs like the purchase of distressed mortgage notes, foreclosure prevention counseling and referral services, legal assistance, outreach, education, and advocacy around subprime lending and mortgage foreclosures. 

·         Stabilizing NYC: The $4 million in funding will help combat the loss of affordable housing at the hands of predatory equity companies, and to defend low-income tenants in predatory equity building from harassment and eviction, by combining legal and organizing resources into a citywide front against predatory equity, helping tenants hold their predatory equity landlords accountable for lack of repairs, bogus eviction cases, and affirmative harassment. 

·         Community Land Trust: This initiative that supports organizations that work on a neighborhood level to develop and expand the community land trust model citywide will receive $1.5 million in the budget. Community land trusts create and preserve affordable housing through nonprofit ownership of land.    

Baselined and social safety net programs  

·         Adult Literacy Education: Fiscal 2022 baselines the Adult Literacy Initiative with $8 million. This program provides immigrant New Yorkers with the tools to achieve higher levels of literacy. There are more than 2.2 million adults in New York City without English language proficiency or a high school diploma. 

·         Work, Learn, Grown: Fiscal 2022 baselines this initiative with $9.7 million for the Council’s year-round youth employment program. Work, Learn, Grow helps participants build work skills and aptitude by launching them into the diverse work opportunities available, through direct exposure and access to a paid workforce program.   

·         Urban Advantage: A $3.5 million baselined allocation to support teaching science through partnerships with eight science-based cultural institutions.   

·         Prevent Hunger: The budget will include another $25 million for fresh food and community-based food pantries because nobody should go hungry in one of the wealthiest countries in the world. 

·         Protect our Foster Youth: In order to continue the successful Fair Futures program that is making such a difference in the lives of so many foster youth, the budget will include $12 million for this program.  

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic

 

Statewide Vaccination Rate is 72% -- 54,621 Vaccine Doses Administered OverLast 24 Hours

Statewide 7-Day Average Positivity is 0.40%

5 COVID-19 Deaths Statewide Yesterday 


 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combatting COVID-19.

"From the darkest days of the pandemic and to this day, New Yorkers showed this nation and the world that if we come together, follow the science and make the necessary sacrifices to protect one another, we can defeat COVID. We have made remarkable progress and we continue to be on a good trajectory - and we should all be proud of that," Governor Cuomo said. "We still have one big job before us, and that is to continue making sure the vaccine is available to every New Yorker and getting more shots into people's arms. If you still need to get vaccinated, I urge you to do so quickly."

Today's data is summarized briefly below:

  • Test Results Reported - 80,310 
  • Total Positive - 345 
  • Percent Positive - 0.43% 
  • 7-Day Average Percent Positive - 0.40% 
  • Patient Hospitalization - 364 (+2) 
  • Patients Newly Admitted - 59 
  • Patients in ICU - 91 (0) 
  • Patients in ICU with Intubation - 47 (+5) 
  • Total Discharges - 184,837 (+54) 
  • Deaths - 5 
  • Total Deaths - 42,972 
  • Total vaccine doses administered - 21,143,431 
  • Total vaccine doses administered over past 24 hours - 54,621 
  • Total vaccine doses administered over past 7 days - 440,613 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 69.4% 
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 63.8%
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 72.0%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 65.2%
  • Percent of all New Yorkers with at least one vaccine dose - 57.7% 
  • Percent of all New Yorkers with completed vaccine series - 52.7%
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 59.9%
  • Percent of all New Yorkers with completed vaccine series (CDC) - 53.9%

Man Convicted In Manhattan Federal Court For Scheme To Steal Over $1.5 Million From New York City’s Human Resources Administration

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that SALIFOU CONDE was found guilty of bank fraud, wire fraud, and conspiracy to commit bank and wire fraud on June 29, 2021, in connection with his involvement in a years-long scheme to steal over $1.5 million from New York City’s Human Resources Administration (“HRA”), following a four-day jury trial before U.S. District Court Judge Valerie E. Caproni. 

Manhattan U.S. Attorney Audrey Strauss said:  “Salifou Conde was a key participant in a scheme to steal more than 2,400 rent supplement checks worth over $ 1.6 million to the HRA, an agency that provides critical assistance to New Yorkers in need of rental assistance. A Manhattan jury of his peers has found Conde guilty, and he now awaits sentencing for callously targeting a much-needed support system for low income New Yorkers.”

As reflected in the Indictment, public filings, and the evidence presented at trial:

HRA is an agency of the City of New York responsible for administering certain of the City’s public assistance programs.  Among other things, HRA provides rental assistance to low income New Yorkers.  For individuals who qualify, HRA provides rental assistance by sending monthly rent supplement checks to landlords or social services organizations that provide housing or residential treatment to cover a portion of the cost of documented expenses such as rent or storage costs.

During the period charged in the Indictment, HRA rent supplement checks that were undeliverable were sent back to the same P.O. Box at a United States post office in New York, New York.  From there, couriers took the undeliverable checks from the post office and delivered the checks back to HRA.  CONDE worked as one of the couriers and stole checks out of the mail. 

Between approximately 2016 and 2019, CONDE and his co-conspirators were responsible for stealing a total of over 2,400 HRA rent supplement checks worth more than $1.6 million, and fraudulently depositing them into more than 40 bank accounts.  CONDE was a key member of the scheme.  He helped to steal undeliverable HRA rent supplement checks, deposit the checks into a network of bank accounts, and then quickly withdraw the stolen cash. 

CONDE, 31, of New Jersey, was convicted of one count of wire fraud, which carries a maximum punishment of 20 years in prison; one count of bank fraud, which carries a maximum punishment of 30 years in prison; and one count of conspiracy to commit wire fraud and bank fraud, which carries a maximum punishment of 30 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the outstanding investigative work of the New York City Department of Investigation, the Federal Bureau of Investigation, and the New York State Commissioner of Taxation and Finance.

Comptroller Stringer Audit: Widespread Deficiencies in DOB’s Efforts to Combat Illegal Curb Cuts and Driveways

 

Audit shows widespread deficiencies in Department of Buildings’ (DOB) processing of complaints of illegal curb cuts and driveways, oversight and training of field inspectors, and inspections of curb cuts and driveways

City potentially failed to assess and collect as much as $462,618 in penalties due to DOB’s failure to adequately respond to complaints and additional errors

Today, New York City Comptroller Scott M. Stringer released an audit revealing the Department of Buildings (DOB) failed to adequately oversee complaint intake, inspection, and disposition processes for illegal curb cuts and driveways. The audit showed widespread deficiencies in DOB’s processing of complaints of illegal curb cuts and driveways, oversight and training of field inspectors, and inspections of curb cuts and driveways. The audit also found that based on a sample of 1,024 complaints made during the audit scope period, the City potentially failed to assess and collect as much as $430,014 in penalties due to DOB’s failure to adequately respond to 502 (49 percent) of those complaints. Based on a review of the total population of complaints received by DOB in the audit scope period, the audit showed that the City may have foregone as much as an additional $32,604 due to additional errors by DOB in its handling of re-inspections and filing of violations with the Office of Administrative Trials and Hearings’ (OATH’S) Environmental Control Board.

“New York City’s streets and sidewalks are among our greatest public resources,” said Comptroller Stringer. “Illegal curb cuts and driveways negatively impact safety and quality of life for pedestrians and drivers alike and take away much needed sidewalk space when our city most needs it. Our audit identified significant weaknesses in the Department of Buildings enforcement of the rules that apply to curb cuts and driveways, which also cost the city tens of thousands of dollars. I urge DOB to implement our recommendations immediately and ensure that our streetscapes can serve as the public amenities they are intended to be.”

For the audit scope period, Comptroller Stringer obtained from DOB a complaint listing with 7,256 entries, of which 5,783 were individual complaints associated with 3,874 properties of potentially illegal curb cuts, driveways, and carports according to DOB’s internal reporting. For the 5,783 individual complaints received during the audit scope, DOB performed 3,238 inspections for 3,020 properties. Of these 3,238 inspections, DOB issued 1,435 OATH violations related to 1,203 properties.

Comptroller Stringer’s audit found that with respect to curb cuts and driveways, DOB did not adequately oversee its processes for responding to complaints and for issuing permits for their installation as well as deficiencies in all aspects of DOB’s complaint intake, inspection, and disposition processes. DOB lacked training for its field inspectors regarding curb cuts and driveways and did not provide sufficient supervisory oversight of their inspections. Additionally, DOB lacked controls over the issuance of violations for illegal curb cuts and driveways and DOB field inspectors did not appropriately refer all complaints that fall under other agencies’ jurisdictions to those agencies.

The audit also found that DOB reports generated from its databases in response to auditor inquiries of curb cut complaints, dispositions, and supervisory reviews contained inadequate and/or inconsistent information and were therefore unreliable. DOB also inappropriately issued permits in situations where the curb cut applications did not meet all the required conditions set forth in the City’s Zoning Resolution. By issuing these permits, DOB facilitated the installation of illegal curb cuts and driveways.

To address the issues raised by this audit, Comptroller Stringer made 27 recommendations including:

In connection with deficiencies in processing complaints of illegal curb cuts and driveways, DOB should enhance its procedures to ensure that:

  • Triage officers correctly identify curb cut and driveway complaints that merit a field inspection and forward them to the Construction unit;
  • Allegedly illegal curb cuts and driveways referenced in the complaints are inspected timely, according to its standards; and
  • All assessed OATH violations are filed prior to the pre-set hearing date as required.

In connection with DOB’s inadequate oversight and training of field inspectors, DOB should:

  • Ensure that DOB supervisory field inspectors (supervisors) review the results of all field inspections prior to finalizing their results;
  • Ensure that field inspectors complete and submit a checklist as part of their inspections;
  • Ensure that field inspectors use appropriate measurement tools during inspections to ensure that homeowners are adhering to the proper dimensions of a curb cut and driveway; and
  • Establish specific training for curb cut and driveway inspections to ensure that field inspectors have the requisite knowledge to assess the legality of curb cuts and driveways.

In connection with DOB field inspectors’ inadequate inspections of curb cuts and driveways, DOB should:

  • Ensure that inspectors’ comments related to inspections of curb cuts and driveways are relevant, complete, and appropriate with respect to the complaint;
  • Ensure that field inspectors correctly identify violating conditions and issue violations as appropriate; and
  • Ensure that potentially violating conditions under DOT’s jurisdiction are referred and forwarded to DOT so that it may appropriately follow up.

In addition, DOB should:

  • Verify that information submitted on site surveys is accurate and reflects the existing condition of a property prior to approving a curb cut application.
  • Verify that the information submitted in support of curb cut and driveway permits contains all required documentation;
  • Confirm that applications submitted include all necessary detailed information, including: the purpose of the curb cut (access to a garage or parking lot); measurements of the curb cut; the number of garages and parking pads to be accessed via the curb cut(s); the location of the garage or the parking lot (on which side of the property); and the actual location of the curb cut to be installed (at the back or front of the property);
  • Maintain a complete and accurate list of all user access rights for all employees who handle curb cut approvals, inspections, and dispositions; and
  • Automate the detection of invalid BINs and addresses and their dispositions as such.

To read Comptroller Stringer’s audit of DOB’s controls over illegal curb cuts and driveways, click here.

185 Days and Counting - Six Months Left.

 


Charlene we have only six months left in charge of New York City. I think I am going to take you around with me now to introduce me, because nobody does it better than you. 

Andrew Cuomo looks like he is gearing up for a fourth term as Governor, and I really want to have the absolute power he had during the Pandemic. Anything he wanted he could do, as the state legislature gave him absolute power during the pandemic. He got his family and friends vaccinated when they shouldn't have been vaccinated, and he still hasn't been prosecuted for the nursing home scandal. People want me to run for governor, what do you think, would I be a better governor than Andrew Cuomo?