WHAT YOU SHOULD KNOW - By Senator Rev. Rubén Díaz

My wishes and petitions for the New Year

You should know that traditionally, the night of December 31st, we all get together with our families and close friends and when the clock strikes midnight, we thank God for the privilege of allowing us to see the New Year.

You should also know that while millions celebrate the coming of the New Year in fiestas, dancing and attending banquets, many others gather at Times Square, despite the weather, to wait until midnight to watch the Ball Drop.

It is also important to know that contrary to all of that, in our Church congregation, we gather to wait for the New Year, on our knees praying and thanking God and presenting Him with our wishes and petitions for the New Year.

During that time, we remember and pray for our families, friends, foes, elected officials, the leaders of our Nation, and our future.

Like every other year, I for one will be on my knees on December 31st at 12 midnight, presenting God with my laundry list of my petitions and wishes. Among these wishes are the following:

(1) For Governor Andrew Cuomo:  I wish that during the New Year, his “friends and brothers” Joe Percoco and his other former staffer, will not throw him under the bus because it will be an embarrassment to all of us in the State of New York to see our Governor being paraded in handcuffs in front of the cameras.

(2) For New York City Mayor Bill de Blasio: I wish that the two Grand Jury investigations by US Attorney Preet Bharara, and Manhattan District Attorney Cyrus Vance, Jr. conclude with no indictments because it will also be embarrassing for all of the residents of the City of New York to see their Mayor going through this nightmare.

(3) For Senator Andrea Stewart-Cousins: I wish that our Democratic Governor stops playing the political games that he has been playing for the past 5 years with Senator Jeff Klein and the Republican leadership. They have been preventing her from becoming the first African-American Woman to serve as the Leader of the New York State Senate. I wish 2017 will be the year these games will stop.

(4) For Senator John Flanagan, Leader of the Senate and Assemblyman Carl Heastie, Speaker of the Assembly: I wish they could get the salary increase for their Members without appearing to have sold out to the Governor like beggars on the corner.

(5) For Assembly Member Marcos Crespo, Chairman of the Bronx Democratic Committee: I wish that he could come out smelling like roses from the apparent double-crossing he is facing, that according to some, is being done to him and the Democratic County Committee by some of his Bronx colleagues.

(6) For my friend Adriano Espaillat: I wish that his new position as the first Dominican Congressperson in the United States of America will serve as an example for many others throughout our nation. We all feel very proud of Adriano Espaillat.

(7) For Congressman Charlie Rangel: I wish that God will grant him solace, peace and recompense for all of his many years of service and dedication to our community and our nation.

(8) For Gerson Borrero and Curtis Sliwa: I wish that God will continue laying His hands on them, healing and blessing them so they can continue criticizing me on their radio and tv programs.

(9) For Senator Liz Kruger: I wish that this new year will bring her enough self-awareness to stop speaking for hours and hours about what is wrong with a piece of legislation, and then vote in favor of the bill.

(10) For Senator Gustavo Rivera: I wish that he would stop being so vulgar and that he would refrain from using the "f" word in Conference and elsewhere, especially when he is in the presence of ladies, children, and people who have self-respect.

(11) For Senator Jose Marcos Serrano: That God will continue to look upon him and bless him so he will keep being the patient, decent and respectful gentleman that he is.

(12) To all of the constituents in my 32nd Senatorial District: I wish that God will bless them for all of their confidence, trust and support they gave me during this past election when I broke all of the records in Bronx County.

(13) And finally, for me: That my Lord and Savior Jesus Christ will approve of my wishes and plans for my 2017 political life.

And ladies and gentlemen, for now, these are just a few of my wishes for the next year.

I am Senator Rev. Rubén Díaz and this is what you should know.

EDITOR'S NOTE:

We also hope that Senator Reverend Diaz Sr. prays that he may continue to stay out of jail unlike the Amigo friends of his that have not.

That all members of the State Senate throw former State Senator Reverend Diaz Sr. a going away party be they Democrats, Republicans, or IDC members before his next election.

That my good friends on Inside City Hall to be renamed The Road to City Hall next week wish him well where ever the Reverend goes, and that Curtis Sliwa has his soap on the rope gift wrapped. 

Saving the best for last I say the following. Are you sure that Marcos Crespo is the one who is being double crossed, or is it you Senator Reverend Diaz Sr. who will be double crossed. Or is the proper wording stabbed in the back. 

That is what you should know.

MAYOR BILL DE BLASIO SIGNS LEGISLATION TO CREATE A NEIGHBORHOOD COMMITMENT TRACKER

Also signs package of legislation to reform campaign finance

   Mayor Bill de Blasio today held public hearings for and signed 29 pieces of legislation into law – Intros. 1132-A and 1182-A, in relation to creating a public list of City planning commitments and creating a process for the modification or removal of certain deed restrictions; Intros. 980-A, 985-A, 986-A, 987-A, 988-A, 990-A, 1001-A, 1002-A, 1349-A, 1350-A, 1351-A, 1352-A, 1353-A, 1354-A, 1355-A, 1356, 1358, 1361, 1362-A, 1363-A, and 1364-A, in relation to legislation that reforms the City of New York’s campaign finance system; Intro. 1345-A, in relation to a bill that regulates contributions to organizations affiliated with elected officials; Intros. 1260-A, 1261-A and 1262-A, in relation to the Department of Correction’s practices around transporting inmates, waiving cash bail fees and provision of non-uniforms for inmate court appearances; and Intros. 1099-A and 1193-A, in relation to reporting by the Department of Education on career programs and computer science education in New York schools, respectively.

“With this tracker, we are using technology to be more transparent about progress on our commitments,” said Mayor Bill de Blasio. “Delivering on promised public investments to support projects like affordable housing is good policy and shows New Yorkers that they can count on the City’s word. 

“This package of reforms to the New York City campaign finance system is the product of months of discussions with stakeholders,” said Council Speaker Melissa Mark-Viverito. “It addresses issues both large and small, from improving voter guides to reducing the influence of money from persons doing business with the City. These reforms close loopholes and level the playing field to ensure a transparent campaign finance process for all New Yorkers. I commend Mayor de Blasio for signing this package into law, and thank my colleagues at the City Council for their diligent work in developing this essential legislation.”

The first bill, Intro. 1132-A, creates a neighborhood commitment tracker. A year ago, the City committed to approaching capital planning in a more robust and integrated way for neighborhoods that are being rezoned. The City also committed to increasing transparency and accountability around the commitments made to neighborhoods. With Intro. 1132-A, the public will have an accessible and searchable online list of land-use commitments.

The second bill, Intro. 1182-A, relates to the modification and removal of certain deed restrictions. This bill sets forth a process for the removal or modification of a deed restriction by the Department of Citywide Administrative Services. The process includes obtaining appraisals, seeking public input and conducting an extensive review prior to approving any change. Under the new process, requests will also be reviewed by a committee as well as the Mayor or the Mayor’s designee for a final determination as to whether the modification or removal is appropriate and furthers the best interests of the City. 

The third bill, Intro. 980-A, sets limits on contribution amounts for transition and inauguration entities for local office at the same level as the campaign contribution limits for that office. This bill will help clarify what a candidate can raise and spend during the transition period. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Fernando Cabrera.

The fourth bill, Intro. 985-A, eliminates the matching of public funds for contributions that are bundled by people who are doing business with the City. This bill will ensure that lobbyists and those doing business with the City will not be able to match any public funds for any contributions to a candidate.

The fifth bill, Intro. 986-A, allows for the disbursement of limited amounts of public matching money to qualifying candidates at an earlier stage in the elections. This bill moves this date closer to the completion of the qualifying process.

The sixth bill, Intro. 987-A, modifies the standard for contributions raised and spent by candidates who participate in the City’s public funding program to determine their eligibility to participate in the first debate. The new modifications require candidates to have spent 2.5 percent of their expenditure limit for such office. 

The seventh bill, Intro. 988-A, allows voters to opt-out of receiving a printed copy of CFB’s Voter Guide. This bill also requires the CFB to produce a Voter Guide for state and federal election races. 

The eighth bill, Intro. 990-A, extends prohibitions for contributions from non-registered political committees to candidates who are not participating in the City’s public matching program. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Andy King.

The ninth bill, Intro. 1001-A, requires disclosure of entities that own entities that do business with the City. 

The tenth bill, Intro. 1002-A, requires the COIB to keep records of compliance with the annual conflict of interest law for those candidates who participate in the public matching campaign program. These records would be provided to the CFB upon any request. 

The eleventh bill, Intro. 1349-A, strengthens the requirements that the CFB’s software be compatible with the State Board of Election software. This bill also requires that the CFB be fully compatible with state laws. 

The twelfth bill, Intro. 1350-A, gives the candidates the right to select a hearing before a tribunal of OATH for alleged violations and proposed penalties. This would allow both the CFB and the candidate to bring forward cases to the CFB. 

The thirteenth bill, Intro. 1351-A, extends the time that contributions can be deposited, from 10 to 20 business days. However, cash contributions would have to be delivered within 10 business days of receipt.

The fourteenth bill, Intro. 1352, repeals the requirement that inquiries be made of each contributor whether they do business with the City. Additionally, this bill requires that only candidates or campaigns have a form that sets forth the doing business limits. 

The fifteenth bill, Intro. 1353, allows candidates to return certain campaign contributions at any point in order to protect a reputational interest. 

The sixteenth bill, Intro. 1354-A, requires the CFB to provide a review of all disclosure statements 30 days after report is due. This will allow campaigns to make corrections as needed. 

The seventeenth bill, Intro. 1355-A, specifies what documentation is necessary for making contributions. This bill additionally allows campaigns to fill out a required contribution card as long as the donor signs the card completed card. 

The eighteenth bill, Intro. 1356, treats participating and non-participating candidates the same in permitting transfers of contributions from any authorized committee filing disclosure statements with the CFB to the candidate’s principal committee.

The nineteenth bill, Intro. 1358, permits the use of campaign funds for activities related to holding office, such as purchasing food for a meeting. This bill also stipulates that funding from public funding cannot be used for this purpose. 

The twentieth bill, Intro. 1361, requires that the “doing business database” provide the dates the person on the list is considered “doing business.” This bill also states that those who have been removed from this list over the last five years must be posted in the city’s website. 

The twenty-first bill, Intro. 1362-A, requires that contributions in a special election be counted the same as contributions in the primary or general election. 

The twenty-second bill, Intro. 1363-A, allows candidates to rescind their written certification of participation in the matching funds programs. This bill gives candidates until the ninth Monday preceding the primary election or until they have received public funding, whichever comes first, to rescind their written certification. 

The twenty-third bill, Intro. 1364-A, prohibits CFB staff from attending executive sessions of the Board. This bill will only allow an independent counsel hired for the specific purpose to attend these executive sessions.

The twenty-fourth bill, Intro. 1345-A, sets forth certain reporting requirements for non-profits that are affiliated with an elected official or their agent, with limited exceptions for specified entities. This information would be available on the website of the Conflicts of Interest Board, which would be responsible for administering the law. For affiliated non-profits that spend or expect to spend 10 percent or more of their expenditures on public-facing communications involving the elected official, this bill would prohibit donations above $400 per year from anyone other than a natural person, or from any person doing business with the City as defined in the bill. 

The twenty-fifth bill, Intro. 1260-A, requires that the Department of Custody to determine whether an inmate has pending court appearances for any case and ensure that the inmate is transported to those additional appearances. 

The twenty-sixth bill, Intro. 1261-A, authorizes the Department of Finance to waive fees from the collection of cash bails. This bill would mean fees of up to three percent, which are currently collected under cash bail, would be waived.

The twenty-seventh bill, Intro. 1262-A, regulates the use of uniforms by the Department of Correction for court appearances. This bill allows inmates who are appearing before trial or grand jury to access their clothing prior to being brought to their court appearance. 

The twenty-eighth bill, Intro. 1099-A, requires the Department of Education to report information on Career and Technical Education programs in New York city schools. This report must be submitted annually and will include the number of CTE schools and programs available to students; graduation rates from CTE-designated high schools; and the number of students who applied to and enrolled in a CTE-designated high school. 

The twenty-ninth bill, Intro. 1193-A, requires the DOE to report information on computer science education in New York City schools. This report must include the number of Computer Science programs being offered in each school, the number of students who are enrolled in these programs and the number of STEM certified teachers in each school. 

MAYOR DE BLASIO ANNOUNCE NEW AFFORDABLE HOMES FOR 16 PREVIOUSLY HOMELESS VETERANS JUST IN TIME FOR THE HOLIDAYS

  Mayor Bill de Blasio and Department of Veterans' Services Commissioner Loree Sutton today announced that 16 formerly homeless veterans have moved into 16 units of affordable housing just in time for the holidays. Members of the community lined the streets to greet the veterans holding welcome signs while also spreading some holiday cheer. The Mayor and members of the Administration helped the veterans settle into their new homes by providing home goods and moving some of their belongings in their apartments.

“Today, 16 formerly homeless veterans who have dedicated their lives to serving our nation have received a home just in time for the holidays,” said Mayor Bill de Blasio. “Our veterans who have made the ultimate sacrifice in life should not be living on the streets or in shelters, which is why we’ve made it our mission to do the proper outreach to ensure veterans get the services they deserve. I want to thank the Department of Veterans’ Services and the Department of Housing Preservation and Development for working closely to help end veteran homelessness.”

“With warm, safe, beautiful and affordable new homes, these veterans and their families can celebrate the holidays with the peace of mind that stability offers and plan for a truly prosperous new year,” said Deputy Mayor for Strategic Policy Initiatives Richard Buery, who oversees the Department of Veterans’ Services. “I commend the Department of Veterans’ Services and the Department of Housing Preservation and Development for providing this essential service and for making monumental progress in curbing veteran homelessness this year.”

Loree Sutton, Commissioner of the Department of Veterans’ Services, said, “We couldn’t be prouder of everyone involved in finding these veterans permanent, affordable housing. In the last year alone, over 1,600 homeless veterans have been housed, an incredible accomplishment that could not have happened with just one agency or one funding stream. Today is the perfect example of the interagency collaboration, resource allocation and the sheer determination by my hardworking staff and colleagues that has led us to this point of nearly ending veteran homelessness in the City.”

HPD Commissioner Vicki Been said, “No one who has sacrificed for our country should find themselves out of a home. That is why HPD has made housing our City’s veterans such a top priority. We appreciate the efforts of our partners at the City, State and Federal levels, as well as Omni, Samaritan Village and so many others who brought 655 Morris Avenue online and provided our veterans with housing and the support they deserve. We are pleased to welcome these 16 veterans home for the holidays.”

Steven Banks, Commissioner of the Department of Social Services, said, “The City’s success in ending chronic veterans’ homelessness and substantially reducing veterans homelessness overall shows how effective cooperation between the City and the federal government can be. The Human Resources Administration and the Department of Homeless Services are proud to be part of this continuing effort to provide homes for those who have served their country.”

This brand-new, 176-unit building, located at 655 Morris Avenue, was financed by HPD, HDC and Bank of America, but to make a project like this work it also needs subsidies. To that end, the veterans are coming in with a combination of City and Federal rent subsidies, household donations and furniture allowances from both the City and private donors. As with all homeless veterans in the City, each veteran moving in today had the support of a DVS Veteran Peer Coordinator or shelter case manager as well as countless people behind the scenes at DSS, NYCHA, HPD, VA, DVS and the shelter provider, Institute for Community Living.

The 16 apartments being provided to veterans represent two of Mayor Bill de Blasio’s top priorities: to preserve or develop 200,000 units of affordable housing for New Yorkers and to effectively end veteran homelessness in the City. The City has already ended chronic veteran homelessness, an effort recognized by President Barack Obama last December.

Since Mayor de Blasio’s 2015 State of the City commitment to effectively end veteran homelessness in the City, the Administration and its partners have housed 2,533 homeless veterans, a 64 percent reduction in veteran homelessness. In addition, the City had reduced veteran homelessness by nearly 90 percent in the past five years. The national average is 47 percent during this time period.

About the Veterans

Samuel Rosado is a 68 year old disabled veteran who served in the military for 30 years. Born and raised in Puerto Rico, Samuel joined the Army in 1968 when he was 19 years old, serving in the Army, National Guard and the Reserves in many roles, including paratrooper, infantryman, scout, mortarman, combat engineer and communications specialist. He was medically retired in 1998 and returned to his wife and daughters in Puerto Rico, remaining with them until his wife passed away after 33 years of marriage.

He since moved to New York to be close to his young son. Yet without a stable job or savings, he found he was unable to afford rent and was shocked to find himself living in a shelter.

“I never lived in a shelter in my life. I’ve always worked. I was always the first person to volunteer for any job, no matter how crazy it seemed. But I had to be here in New York City to see my son – I want him to be raised to be a good man, put him in a good school. I want to raise him right,” said Samuel Rosado.

After living in a shelter, Samuel will move into permanent, affordable housing.

“I am happy to move into such a beautiful place, and I want to thank the city for my new home," said Samuel Rosado.

John Carothers is also moving in to 655 Morris Ave. He is a disabled Vietnam veteran, who served from 1964 to 1966 in the Army Medical Corps. Following his time in the Army, he spent a career in medical services, working primarily as a radiologist. He entered the shelter system after his home was foreclosed in 2015.

"I am so grateful to DVS for helping to steer me through this process. This is a beautiful apartment in a brand new building and in an ideal location. I am very much looking forward to moving in," said John Carothers.

Michael Scanlon is another one of the veterans moving in today. After a very difficult few years he couldn’t be happier about his new apartment.

“I was in the US Navy from 1981 to 1996 serving in many roles, from the Brooklyn Navy Yard to Maine working on submarines. I left the service as a single parent to three children and worked on tug boats and as a taxi driver. I was also forced to rely on odd jobs for work,” said Michael Scanlon. “Eventually, I couldn’t afford rent anymore and had to couch surf. I ended up sleeping in the garage I used to work at. It got to be too much, and I entered the shelter system and finally began taking advantage of some of the programs available to me as a veteran. I am so happy and grateful for the services and programs made available to me by the City, and especially thankful for the help putting a roof over my head.”

The individual apartments have a bedroom, full bathroom, living room with a kitchen and two to three closets. All units are equipped with a dishwasher, heater and air conditioning.

The units were made available through an affordable housing real estate development company, Omni New York LLC (Omni), co-founded by Maurice “Mo” Vaughn, a former Mets player. Vaughn co-founded Omni to revitalize and develop various neighborhoods in New York City, and it now owns and manages over 13,000 affordable housing units in 10 states. The veterans are the first group of tenants to move into this new 176-unit development at 655 Morris Avenue in the Bronx, which will be managed by Omni affiliate, Reliant Realty Services, LLC with social services provided by Samaritan Village.

Mo Vaughn, co-Founder of Omni New York, LLC, said, “This is our first new building in New York City, and we couldn’t be more excited to have a group of Veterans as our very first tenants. This is especially meaningful to our company, as Omni and its affiliated companies have a long history of employing Veterans and former NYC Police Officers. Reliant’s Managing Director, Mathew Holladay, is a West Point graduate and Army Veteran, and its CEO Fermin Garcia served in the Navy.”

“Samaritan Daytop Village is delighted to partner with the City and Omni Development to provide support services to the deserving veterans and their families who will be moving into new, high quality apartments today and in the coming weeks. We are grateful for Mayor de Blasio and his commitment to increasing affordable housing. We are also thankful for the sacrifices our veterans have made, and honored to do our part,” said Tino Hernandez, President and CEO of Samaritan Daytop Village.

For more information about NYC’s Department of Veterans Services, visit nyc.gov/vets, contactpress@veterans.nyc.gov, or call 212-416-5250.

If you are landlord or broker interested in providing a rental apartment, please call the Mayor’s Home Support Unit at 929-252-7244 to speak with a Home Support specialist.

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

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

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

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

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

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

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

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

Menorah Lighting on Riverdale Avenue

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

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

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

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

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

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

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

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

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

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

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

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

Water Main Break on Riverdale Avenue

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

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

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

Above - Heavy equipment and other workers show up.

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

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

Above - The repair work goes overnight.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A.G. Also Offers Key Tips For Donors

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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