SENATOR JEFF KLEIN, ASSEMBLYMAN MARCOS CRESPO, SOUNDVIEW HOMEOWNERS & ATTORNEY SUSAN CHANA LASK ANNOUNCE $8 MILLION FEDERAL LAWSUIT AGAINST UNSCRUPULOUS CONTRACTORS & NYC DEPARTMENT OF BUILDINGS

NYC Department of Buildings, Contractors Allegedly Duped Bronx Homeowners Into Spending Life Savings on Unsafe, Uninhabitable Homes

    An unscrupulous contractor and the New York City Department of Buildings (DOB) swindled Bronx homeowners out of millions of dollars by constructing substandard homes and failing to provide new homeowners with valid certificates of occupancy upon closing, alleges an $8 million federal lawsuit announced today by State Senator Jeff Klein, Assemblyman Marcos Crespo, the Soundview Homeowners and Attorney at Law Susan Chana Lask, and Homeowner Johanny DelaCruz

Senator Klein said: “The actions taken by unscrupulous Bronx contractors to dupe unsuspecting families into spending their  life savings on uninhabitable new homes are reprehensible. Not only are these new homes constructed poorly and with shoddy, cheap materials – they pose significant health and safety concerns to the families living there. When scheming agencies and contractors prey on aspiring homeowners, they need to know that we will hold them accountable."

For years, the DOB has permitted its licensee, Bad Ass Inc.,  to build unsafe homes across the Bronx that are not up to New York City building codes and as a result, cannot receive permanent certificates of occupancy. Under constant threat of eviction from DOB, Soundview Homeowners pay more than $400 a month in upkeep to combat leaking roofs, cracked walls, irregular plumbing, black mold and improper insulation. What’s more, because they lack permanent certificates of occupancy they are unable to sell or refinance their homes.

Attorney Susan Chana Lask said: “The Department of Buildings has ignored these people long enough. It is responsible for safe housing, not issuing building permits for illegal housing because its more concerned with its $100 Million a year revenue while people suffer.”

Homeowner Johanny DelaCruz said: “This has been a nightmare to me, my family and my children.  We thought we purchased the American Dream, but the Department of Buildings and Bad Ass gave us a nightmare.  We live in a freezing, damp uninsulated structure that is illegal and frightening." 

Assemblyman Marcos Crespo said: “I stand today with Senator Jeff Klein and these homeowners to support this new filing and to fight for swift justice on behalf of these families. We can no longer allow unscrupulous individuals and shady companies to defraud those willing to invest in our community and make a commitment to raise their families in our neighborhoods. They deserve justice and today we take another step in seeking it!”

The federal lawsuit comes on the heels of a state lawsuit filed in Bronx civil court in December 2013, alleging contractor Bad Ass Inc. conducted an elaborate scheme to scam first time home buyers into purchasing unsafe properties. Attorney Lask recently requested a stay to amend the complaint and Senator Klein submitted a letter of support.

“I ask the court to grant the plaintiffs’ request for a stay in the proceeding so that new motion papers can be filed. These plaintiffs deserve their day in court.” continued Senator Klein.

Senator Klein, Assemblyman Crespo. Lawyer Susan Lask, Homeowner J. DelaCruz, and other people and their children who are some of the 150 home owners in this situation living in homes built by Bad Ass Inc. 

Bad Ass Inc. is still a licensed home builder of the New York City Department of Buildings. 

Could this type of housing be in store for people who will be moving into the 200,000 new affordable housing units planned by Mayor Bill deBlasio?

City Council to Hold Hearing Evaluating the City’s Veterans Treatment Courts

City Council Member Andrew Cohen, Chair of the Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services, will hold a joint hearing with the Veterans Committee, and the Committee on Courts and Legal Services to evaluate the City’s Veterans Treatment Courts.

Veterans Treatment Courts - modeled after drug courts - first emerged in 2008 under Buffalo City Court Judge Robert Russell Jr. These specialized courts connect veterans to services that can assist with substance abuse, mental health challenges, and other issues. Participants are also paired with a court appointed mentor, and those who successfully complete the program may have their charges dismissed, reduced, or receive a reduction in their sentence.

Other New York City elected officials, local district attorneys, judges, direct providers, veterans service organizations and various stakeholders are expected to give testimony.

What: City Council Oversight Hearing - Evaluating the City’s Veterans Treatment Courts

When: Wednesday, February 25th, 2015 at 1:00 P.M.

Where: Committee Room, City Hall, New York, NY 10007

State Senate Coalition releases bombshell report on dangerous sex offenders living near Universal Pre-Kindergarten and Kindergarten programs

  After devastating New York State Court of Appeals ruling in Nassau, State Senate Coalition will act on a series of bills to strengthen protections for children against sex offenders

 The New York State Senate Coalition today unveiled an alarming joint-investigative report, “Keeping Our Children Safe From Sex Offenders,” conducted by the offices of Independent Democratic Conference Leader Jeff Klein and State Senate Majority Leader Dean G. Skelos , which uncovered startling violations of residency restrictions and a major loophole in the law.

The joint-investigative report comes on the heels of a devastating New York State Court of Appeal’s ruling relating to  Nassau County.  As a result, the New York State Senate Coalition will immediately act on key sex offender legislation — including closing the major loophole in the law and allowing localities to strengthen residency restrictions.

“As the author of Megan's Law, I recognize that the recent Court of Appeals decision is a clarion call for New York to take whatever steps are necessary to protect our children from dangerous sexual predators.  I thank the members of the Senate Republican Conference — who have been at the forefront of the state's efforts on these issues for years — for their ongoing commitment to common-sense measures that keep kids safe.  I urge the Governor and our Assembly colleagues to join us in enacting a swift and smart legislative solution,” Senate Majority Leader Skelos said.

The joint-investigation uncovered convicted pedophiles violating state law by living within 1,000 feet of grade schools with Pre-K programs and brought to light a dozen sex offenders residing within 1,000 feet of stand-alone Universal Pre-K programs not attached to grade schools—currently unprotected by state law.

“Time and time again, I find dangerous sexual predators convicted of committing heinous crimes against children living far too close to schools in violation of state law. This is absolutely unacceptable. But even more shocking is that the legal definition of ‘school’ does not necessarily include Pre-K and kindergarten programs. Right now a dozen predators live near stand-alone programs in compliance with state law — including one man who had sexual contact with a four-year-old girl. It’s our duty to protect all children from pedophiles in the spirit of the law and we must immediately close this loophole,” said Senator Klein.

“It’s an outrage that we continue to find sex offenders practically living in the backyards of schools despite a statewide sex offender registry in place. It’s also inconceivable that the law banning predators from living within 1,000-feet of schools doesn’t apply to our youngest students and we need to correct that immediately,” said Senator Savino (D-Staten Island/Brooklyn).

“The loophole revealed in this report is disturbing. Allowing convicted sex offenders to live near our pre-schools and kindergartens flies in the face of the intent of the law.  I applaud Senator Klein in spearheading this initiative, and I am committed to working to keep our children and our streets safe. That is why I introduced a bill to ensure that sex offenders are properly assessed before being released into our communities. I look forward to working with my Senate colleagues to pass these necessary resolutions,” said Senator Tony Avella (D-Bayside).

“When talking about the safety and security of the children of New York, we cannot waste a minute in passing this vital piece of legislation.  While  I  strongly  disagree  with  the  court’s  ruling and the short term ramifications it has across our great state, it emphasizes the need to pass our  legislation  and keep registered sex offenders away from our schools.  I urge my colleagues to pass this bill as soon as possible and the Governor to sign it,” said Senator Golden, a co-sponsor of a bill to allow localities to fortify sex offender residency restrictions.

On February 17, the New York State Court of Appeals sided with a sex offender who completed his parole and moved within 500-feet of a Nassau school, in compliance with state law, but against local law. The court ruled that only the state, not a locality, is authorized to create residency restrictions for sex offenders.

When session resumes this week, the New York State Senate Coalition will pass the following legislation:

●       Allowing localities to fortify sex offender restrictions in ways that are no less restrictive than state laws (Senator Michael Venditto)

●       Requiring school districts to distribute information about a sex offender’s residence upon notification from law enforcement (Senator Kenneth LaValle)

●       Closing the loophole on the legal definition of a school to include Pre-K and Kindergarten (Senator Klein)

●       Holding risk assessment hearings before a sexual predator is released into a community (Senator Tony Avella)

While Senator Klein’s bill to correct the definition of a school passed last year, it died in committee in the Assembly. Sadly, the joint-investigation uncovered five sex offenders living within 1,000-feet of a school in violation of state law and 12 residing near stand-alone UPK programs.

DOCCS fails to recognize a stand-alone Pre-K or kindergarten as a school because of the word’s ambiguous definition in the statute. The Office of State Senator Klein discovered the loophole last year when a Level 3 sex offender moved close to the Carrig Montessori School, which only contains a Pre-K and Kindergarten.

Like Senator Klein’s legislation to clarify the definition of a school, which passed last year with bipartisan support in the Senate, these bills also passed last year, but failed to pass in the Assembly:

●       Banning Level 1, 2 and 3 sex offenders from residing within 1,000 feet of a building used exclusively as an elementary or high school (Senator Golden)

●       Banning  registered  sex  offenders  from residing within 1,500 feet of their victims (Senator Terrence Murphy)

●       Clarifying the definition of “residence” in SORA (Senator Robert Ortt)

●       Additional disclosure of workplace information if a sex offender is working in the community where he or she resides (Senator Andrew Lanza)

●       An expansion of the definition of an institution for the care and treatment of children under age 18 to clearly include day care centers (Senator James Seward)

Last month, the New York State Senate Coalition passed legislation to protect children from sex offenders, which are awaiting passage by the New York State Assembly. The legislation includes:

●       Prohibiting Level 2 and 3 sex offenders from residing in family homeless shelters (Senator Klein)

●       Criminalizing housing or employing a sex offender who failed to register or verify employment (Senator Michael Ranzenhofer)

●       Prohibiting certain sex offenders from being granted custody or unsupervised visitation with a child (Senator John Flanagan)

●       Requiring sex offenders to report multiple or part-time residences (Senator John Bonacic)

●       Requiring the Office for People with Developmental Disabilities to contact local officials when a sex offender is placed in a community residence within their municipality (Senator Patrick Gallivan)

●       Prohibiting sex offenders from living in student housing (Senator Joseph Robach)

●       Creating a sex offender public awareness program (Senator Joseph Robach)

Editors Note: 

Those named and their addresses have been omitted.

CB 7 Public Hearing on the Preliminary Budget

Bronx Community Board #7 will be hosing a Public Hearing on the Preliminary Budget on March 3, 2015. The hearing will focus on the City Agencies' responses to the budget priorities that were submitted last year (see the attached document). 

WHEN: Tuesday, March 3, 2015

TIME: 5:00 pm

WHERE:  CB7 - 229 East 204th Street; Bronx.

Call 718-933-9650 for more information.

CM Cohen Prays at the Western Wall

Council Member Andrew Cohen prays at the Western Wall in Jerusalem during his first visit to Israel on February 21^st. The Councilman joined his colleagues in the Council Delegation on a week-long trip to strengthen the relationship between the Israeli leadership and New York City, which was hosted by the Jewish Community Relations Council of New York.

"Who Gave This Son of a Bitch His Green Card?"

What You Should Know 
By State Senator Rev. Rubén Díaz 
32nd Senatorial District 

You should know that the immigrant community was insulted and disrespected by actor Sean Penn during last night’s Oscars presentation. 

You should also know that during last night's Oscars, Alejandro González Iñárritu provided several magnificent moments of pride for Mexicans and for the entire international Hispanic community. The movie Birdman was directed by Mr. Iñárritu, winning Oscars for directing, screenplay and cinematography.  During one of his gracious acceptance speeches - for Best Director of Birdman - the proud Mexican made a public plea for Americans to treat immigrants with respect. 

As American actor Sean Penn stood before the world to open the envelope for Best Movie, he took a long pause and directing his comments toward Alejandro González Iñárritu he said: "Who gave this son of a bitch his green card?" 

You should know Mr. Penn is one of the biggest liberals in Hollywood, and it has to be said that his racist remark was a huge dishonor to someone who had just requested respect for all.  Mr. Penn's comment also implied that there is something illegal about Mr. Iñárritu's success here in the United States. 

While I won't deny all of the glory Mr. Penn should receive for his humanitarian aid, that does not excuse his racist comment.  If those same remarks were made by any Conservative American, all hell would break loose. The double standard that exists in our society allows liberals to make racist jokes. 

Where is the outrage about Sean Penn's disgraceful and disgusting joke? Where are all of the groups that claim to be out there fighting for equality? Where are their voices?  Where are the editorial boards and pundits and why aren't they holding Sean Penn's feet to the fire? I can't imagine any conservative making any comment like that and getting a pass.

My dear reader, much has been said about the Oscars nominations where only Caucasian actors were nominated.  Despite that, a great moment of hope shined through and celebrated the talents of Alejandro González Iñárritu. 

Ladies and gentlemen, I join with the Mexican community and with all Hispanics to celebrate and treasure the memory of last night's Oscars Award Ceremony - but I also join everyone who opposes racism as I wait for a very public apology from Sean Penn. 

This is Senator Rev. Rubén Díaz, and this is what you should know.

Less Parking Higher Buildings - DeBlasio Plan

  Capital New York  reports that Our Mayor Bill deBlasio wants to allow for taller buildings, and reduce parking requirements for these new larger buildings at the same time. This would be done by zoning changes to allow the reduction or elimination of parking requirements for some affordable and Senior housing, as well as allowing for taller better looking buildings.

  The Department of City Planning will be changing these requirements which could take effect after public review by fall of this year. This is being done to help get the 200,000 affordable housing units Mayor deBlasio promised to get built by 2024, the end of his second term in office.

  All parking requirements would be ended for new low-income, inclusionary, and affordable senior housing units that are withing a half mile of mass transit. Current building that fall into this area would also be able to reduce or eliminate current parking which would be taken up on a case by case basis. 

  New zoning regulations would allow for increase heights of 5 - 15 feet on these new buildings. Restrictions on senior housing would also be redone to allow for mixed use buildings in this area. The bonus to allow for larger than allowable buildings if including a certain percentage of affordable units are included. This regulation however is useless since most buildings are already at the maximum size, and can not be built any higher because of zoning regulations. This new deBlasio proposal would change that to allow for higher building when affordable housing units are included. 

  Housing New York zoning for quality and affordability  is the city website for all the information. 

Bronx Elected Officials Will Celebrate Black History Month

  This “African-American Abrazo” by Team Diaz was a full house as usual for what is called the biggest Black History Event in the Bronx was celebrated last night. State Senator Ruben Diaz Sr., Assembly Members Michael Blake, Luis Sepulveda and Marcos Crespo,  were joined by Public Advocate Letitia James, Bronx DA Robert Johnson, Bronx Borough President Ruben Diaz Jr., State Senate Democratic Conference Leader Andrea Stewart-Cousins (one of the honorees), State Senator Jose Marcos Serrano, city council members Vanessa Gibson and Andy King, Assemblywoman Latoya Joiner, and Deputy Bronx Borough President Aurea Greene. 

   The four members of Team Diaz 2015 each chose their own person to honor. State Senator Ruben Diaz Sr. chose Senate Democratic Conference Leader Andrea Stewart-Cousins, Assemblyman Michael Blake chose Mr. Abraham Jones, Assemblyman Marcos Crespo chose Rev. Dimas Salaberrios, and Assemblyman Luis Sepulveda Chose Ms. Neva Shillingford-King. 

  Both the U.S. National Anthem (Sung by Ms. Marie-Claire Giraud), and the Negro National Anthem (sung by Ms. Monica Soyemi) were played. At the end was a wonderful performance by Ms.Melanie Hill Gospel Violinist. The photos below will tell the story of the "African American Abrazo".

Team Diaz member Assemblyman Michael Blake was the Master of Ceremonies for the night. 

Above - The U.S. National Anthem is sung by Ms. Marie-Claire Giraud.
Below - The Negro National Anthem was sung by Ms. Monica Spyemi..

Above - State Senate Democratic Conference Leader Andres Stewart-Cousins was the honoree of State Senator Ruben Diaz Sr.

Below - Senator Stewart- Cousins thanks Senator Diaz Sr. 

Above - Assemblyman Luis Sepulveda's honoree was Ms. Neva Shillingford-King  the wife of Councilman Andy King who is presenting her with flowers for the honor. 

Below - Both Councilman Andy King and his wife Ms. Neva Shillingford-King came dressed for the occasion.

Above - Public Advocate Letitia James continues in the spirit of giving rousing speeches.

Below - BP Diaz Jr. gets into the mood by picking up his fathers cowboy.

Above - After the introduction by his father, BP Diaz Jr.  thanks his father.

Below - Gospel Violinist Ms. Melanie Hill performs at the end of the program to a standing ovation.

TEAN DIAZ 2015