DOMESTIC VIOLENCE HOUSING DISCRIMINATION BAN & GREEN CONSTRUCTION BILLS PASS

 

The NY City Council passed two bills sponsored by Council Member Jumaane D. Williams

Today, the New York City Council voted to pass two bills sponsored by Council Member and Deputy Leader Jumaane D. Williams. The two bills included a Domestic Violence Housing Discrimination Ban, Intro 832 and a Green Construction bill, Intro 721. Domestic Violence Housing Discrimination Ban, Intro 832 Intro 832-A prohibits discrimination in housing accommodations on the basis of an individual's status as a victim of domestic violence. Victims of intimate partner violence frequently struggle with housing discrimination, including denial of new leases, refusal to renew leases, refusal of housing vouchers, evictions and being unable to temporarily leave their home to escape domestic violence. "Domestic violence continues to threaten the safety and lives of too many New Yorkers," said Council Member Williams. "Too often, victims of domestic violence are evicted or prevented from renting apartments simply because they have been abused - this is not only wrong, it's horrifying. Today, I am proud to stand with my colleagues as we pass intro 832 to make housing discrimination against victims of intimate partner violence illegal." New York City already has the strongest Human Rights laws in the United States. With the passage of this legislation, the New York City Council is expanding the law to protect domestic violence victims against housing discrimination. Between 2001 and 2012, there were 864 domestic violence homicides in New York City, eighty percent of which were women. The current administration is doing substantial outreach and domestic violence incidents, including homicides, are decreasing. But, domestic violence remains a serious problem. In 2014 alone, there were over 280,000 domestic incident reports.   Victims of intimate partner violence often struggle to find safe and affordable housing because landlords are quick to discriminate by denying new rental applications and evicting tenants. Nationally, 11 percent of evictions involved discrimination against domestic violence victims.   Today, New York City took an important step towards protecting all New Yorkers and ensuring that victims of intimate partner violence can more easily find safe housing. Green Construction, Intro 721 Intro 721-A, updates and strengthens the green building standards for certain city capital projects. The bill will increase the Leadership in Energy and Environmental Design, or LEED, green building rating which certain capital projects are required to achieve. "As climate change worsens, the amount of new construction in New York City continues to increase. We have an obligation to ensure that new buildings constructed by the city are environmentally friendly," saidCouncil Member Williams. "Intro 721, which I am proud to sponsor, requires city-owned buildings to meet stricter, expanded green building standards."    Under current law, most city capital projects are required to achieve a LEED version 3 rating level of Certified or Silver, depending on building type. Intro 721-A would require that such city capital projects achieve the more stringent LEED version 4 rating level of Gold. Additionally, the bill also renews and strengthens reporting requirements and expands the LEED certification requirements. The bill will affect city subsidized or funded capital projects which involve the construction of a new building, an addition to an existing building or the substantial reconstruction of an existing building, with an estimated cost of $2 million dollars or more. Residential buildings will be required to be designed and constructed to comply with an appropriate green building standard adopted by the Department of Housing Preservation and Development. The bill affords the Mayor the ability to establish alternative green building standards when it is in the public interest; so long as the certification is at least as or more restrictive than LEED Certified, and provided that, where such alternative standards are less stringent than the normally applicable standards, the Mayor or such agency reports the reasons such alternative standards are necessary.The bill also allows an alternative compliance path for buildings used for manufacturing. Outdoor assembly spaces and Group U occupancies, such as carports, have also been exempted. Most new city buildings and major retrofits will need to achieve LEED Gold and cut energy use in half. See more here.

WILLIAMS, GIBSON & LANDER RESPOND TO DOJ DECISION

 

STATEMENT FROM COUNCIL MEMBER JUMAANE D. WILLIAMS, DEPUTY LEADER, COUNCIL MEMBER VANESSA L. GIBSON, CHAIR OF THE COMMITTEE ON PUBLIC SAFETY & COUNCIL MEMBER BRAD LANDER, DEPUTY LEADER

We join with the Graham family and friends in expressing extreme disappointment in the USDOJ's decision not to prosecute the officers responsible for the shooting death of Ramarley Graham.  This is a heartbreaking setback in what has become a four year journey to justice for the Graham family.

Though we are frustrated justice has been delayed, we remain hopeful it will not be denied. The City can and must act. It is clear that someone who was unarmed was killed and to date no one has been held accountable. Thus, we call upon the Mayor and the Police Commissioner to launch an internal investigation into the circumstances surrounding Ramarley Graham's death and further urge the Mayor to honor the request for a meeting made by the Graham family over a month ago.

Though today's development has left us saddened and angry, we join with advocates, community leaders, and friends in remembering Ramarley's life rather than the tragedy of his death. We ask all New Yorkers join us in praying for peace and healing for the Graham family during this very difficult time.

U.S. Attorney’s Office Closes Investigation Into The Death Of Ramarley Graham

  Preet Bharara, the United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Ramarley Graham.  Mr. Graham was killed during an encounter with police officers from the New York City Police Department (“NYPD”) on February 2, 2012.  Mr. Graham was 18 years old at the time.  The U.S. Attorney met today with Mr. Graham’s family and their representatives to inform them of this decision.

After conducting a thorough and independent investigation, the U.S. Attorney’s Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.  To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids.  This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under the relevant state statutes.  Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation.

The evidence from the investigation reveals the following: At approximately 2:00 p.m. on February 2, 2012, two members of a team of NYPD police officers from the Street Narcotics Enforcement Unit (“SNEU”) began conducting surveillance of a bodega on White Plains Road in the Wakefield section of the Bronx.  At approximately 2:45 p.m., the NYPD officers observed Ramarley Graham and two other individuals open the door to that bodega, walk in, and then immediately walk out.  Video evidence from a nearby business shows Mr. Graham adjusting the front of his pants as he walked northbound on White Plains Road near the bodega.  The two police officers conducting surveillance informed investigators that, after observing these actions, they transmitted over the police radio a description of Mr. Graham and his companions to the other members of the SNEU team, and further informed the SNEU team that Mr. Graham possibly had a firearm.  The police officers then followed Mr. Graham and his companions as they continued walking north on White Plains Road, and then turned east on East 229th Street.  One of the NYPD officers conducting surveillance reported that, when Mr. Graham reached with his hands to pull at his belt, the officer observed the slide of a firearm tucked into the waistband of Mr. Graham’s pants.  According to the officers, his partner then transmitted over a non-recorded police channel that Mr. Graham had a firearm.  Upon hearing this transmission, the other members of the SNEU team, including NYPD Officer Richard Haste (who had not previously observed Mr. Graham and had not had any prior direct interaction with him), moved to intercept Mr. Graham as he walked eastbound on East 229th Street. 

Video evidence shows that Mr. Graham walked to 749 East 229th Street, which officers later learned to be Graham’s residence.  As Mr. Graham opened the front door, an unmarked police vehicle quickly pulled up and stopped near the front of the house.  As Officer Haste and another officer exited the vehicle, Mr. Graham looked in the direction of the officers and then quickly stepped inside the house and closed the front door.  Approximately five seconds later, Officer Haste ran up to the front door and found it locked.  He then unsuccessfully attempted to kick the door open.  Video evidence shows that Officer Haste proceeded to the back of the house in an attempt to gain entry and entered the house through the back.  Another officer followed him inside a few seconds later.  Video evidence shows that Officer Haste then opened the front door of the building from the inside of the house and let in two additional officers.  Officer Haste and another officer then climbed the stairs up to the second floor apartment. 

Inside that apartment were Mr. Graham, Mr. Graham’s grandmother, and Mr. Graham’s six-year-old brother.  One of the NYPD officers kicked open the door to Mr. Graham’s apartment.  The door to the apartment opened onto a hallway, leading to a living room at the end of the hallway.  The evidence establishes that Officer Haste advanced into the hallway of the apartment with his firearm drawn, where he encountered Mr. Graham.  According to Officer Haste, he gave commands to Mr. Graham to the effect of, “Police, show me your hands.”  Mr. Graham instead moved into an adjacent bathroom.  Officer Haste then advanced down the hallway to the doorway of the bathroom. 

At this critical moment in time, no other witness present in the apartment, including Mr. Graham’s grandmother, had a view of Mr. Graham.  According to Officer Haste, when he looked in the bathroom, he saw Mr. Graham facing him, with his hand in his waistband.  Also according to Officer Haste, Mr. Graham then made a motion as if he were pulling something out of his pants.  Officer Haste stated that he believed that Mr. Graham was reaching for the weapon that had been described in the earlier radio transmission, and that he fired one round from his weapon in response to a perceived deadly threat.  The bullet struck Mr. Graham, causing his death.  No gun was found at the scene.  A bag of marijuana was found in the toilet bowl next to where Mr. Graham was standing. 

In the context of this case, to establish a violation of federal law, the Department of Justice would have to establish beyond a reasonable doubt that, at the time of the shooting, Officer Haste lacked probable cause to believe that Mr. Graham posed a significant threat of death or serious physical injury to the officer or to others, and that he willfully deprived Mr. Graham of his right to be free from excessive force.  The weight of the evidence indicates that, at the time the shooting took place, Officer Haste believed Mr. Graham to be in possession of a firearm that was tucked into the waistband of his pants, for which Officer Haste believed Mr. Graham was reaching.  Although Officer Haste ultimately was proven to be mistaken in his belief, the determination as to the willfulness of his actions must be assessed in light of his knowledge at the time of the shooting.  

The investigation revealed no evidence to refute Officer Haste’s claim that he shot Mr. Graham in response to his mistaken belief that Mr. Graham was reaching for a gun.  The evidence that, before Officer Haste began to chase Mr. Graham, other officers reported over the police radio that Mr. Graham had a gun is unrefuted.  There are no witness accounts or physical evidence that materially contradict Officer Haste’s statement that Mr. Graham appeared to be pulling something from his waistband at the time of the shooting.  Nor is there any video of the shooting itself.  Accordingly, the Department of Justice could not conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation.

This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt.  The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence.

Accordingly, this Office’s investigation into Mr. Graham’s death has been closed.

Mr. Bharara expressed his deep sympathy to the family of Mr. Graham for their tragic loss.    

Council Member Andy King Responds to Decision Re: Shooting of Ramarley Graham

  Council Member Andy King Responds to Decision to Not Charge NYPD Officerin Fatal 2012 Shooting of Ramarley Graham

New York City Council Member Andy King represents the 12^th Council District, home of Graham’s family and where the shooting took place.

Said Council Member King, “I am shocked, angered and 100 percent disappointed that the federal government has decided that black lives don’t matter as Unites States Attorney Preet Bharara has chosen to close the investigation into the death of Bronx teen Ramarley Graham at the hands of Police Officer Richard Haste.  It is unconscionable that the federal government deemed that no more action is warranted.  What message is being sent to African Americans?  I am equally disgusted that Commissioner Bratton sat in our Black, Latino and Asian Caucus meeting and told the body that he was instructed by the US Attorney to hold off on departmental disciplinary acts until a decision was made.  I am dismayed today to hear that this conversation  never took  place.  Here we go again with trust issues. Here again trust is broken.”

“As the Council Member who represents this area, I’ve had to play the voice of reason in my district when emotions ran high.  So today’s decision makes it very difficult to walk down that road of continuing to place trust in a system that tells us time and time again that black lives don’t matter.  This is yet another example in our society of the African American life not being considered 100% whole.” 

“Our Perseverance In The Future Lies in the Resiliency of Our Past”—Council Member Andy King

STATEMENT FROM BP DIAZ RE: Ramarley Graham

  RE: Ramarley Graham/USDOJ Case Update

  “I am deeply saddened and extremely shocked by today's news of the failure of the United States Department of Justice to convene a grand jury in the case of NYPD Officer Richard Haste, the police officer responsible for the death of Ramarley Graham. My heart goes out to the Graham families, who have now seen their quest for justice for their son twice denied.

“After today’s announcement, we must share in the family’s frustration, having to relive this tragedy four years since Ramarley Graham’s life was taken away from him. This latest development is an outrage. At a time when the issue of police-community relations has been at the forefront of American discourse—especially the treatment of minorities by those charged to protect and serve them—the U.S. Attorney’s office has failed to set an example for our nation.

“Given what we know about the facts of this case, how could they not have convened a grand jury? The U.S. Attorney owes our community a real explanation.

“Though we are disappointed, the best way to honor Ramarley Graham’s memory is to come together in healing and work towards solutions. I offer my prayers to Ramarley Graham’s family, and I wish them peace in this difficult time,” said Bronx Borough President Ruben Diaz Jr.

Council Member Andrew Cohen - Dates and Locations for Participatory Budgeting Voting

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ERIN MERRYN’S LAW PASSES STATE SENATE

  Bill would provide sexual abuse education for students from kindergarten through grade eight

State Senators Jeff Klein and David Valesky, announced that Erin Merryn’s law passed the State Senate today, which would help protect children from sexual abuse by providing for age-appropriate awareness and education programs for students from kindergarten through grade eight.

First introduced by members of the Independent Democratic Conference in 2012, the Senate passed the bill this year on the heel of federal legislation that would provide funding to the State for its implementation.  Despite the bill having passed the Senate every year since its introduction, it has yet to pass the Assembly.

“No child should ever have to suffer these kinds of horrible abuses in silence. With Erin Merryn’s Law, we will ensure that our children are equipped with the information that they need to help another child, or to seek the help they need. I urge my colleagues in the legislature to join the IDC, Erin Merryn, and numerous advocates in fighting to give a voice to every child who may be suffering - we can make Erin Merryn’s Law a reality in New York,” said Senator Klein.

“State law in New York already requires that we educate our children on abduction - it is high time that we updated it to ensure that we are also educating our children on sexual abuse awareness and prevention. New York now has the opportunity to join the 26 other states that have prioritized protecting their children from sexual abuse. I am proud to join Senator Klein, the IDC, and Erin Merryn in calling for the implementation of this much-needed legislation,” said Senator Valesky.

As a child, Merryn was abused by both a neighbor and a family member. She stayed silent due to a combination of threats from her abusers, and the lack of knowledge about available help. Now, it is her mission to give a voice to every child who may be suffering.

In 2012, the IDC released a report on the need for Erin Merryn’s law, as well as the economic impact that sexual abuse has on the state. “Erin Merryn’s Law: Breaking the Silence” estimated that in New York, the immediate financial effects caused by child sexual abuse is estimated to cost the State over $211 million, with ten times as much cost in long term impact.

Implementing an age-appropriate program for young students would give critically important information to victims – many of whom do not know there is a way out of their horrific situation.

“Erin Merryn’s Law recognizes that children themselves need to be not only aware of the dangers that exist in our society but provided with information and support to aid in avoiding abuse, exploitation and abduction. Too many times, we have seen the devastating results that lack of awareness and/or understanding of the dangers and warning signs of abuse, exploitation and abduction have had on our children and families. This legislation will help provide our communities with the tools to combat these terrible crimes,” said Randi Bregman, Executive Director of Vera House, Inc.

“The McMahon/Ryan Child Advocacy Center does a tremendous amount of community education and education in schools focusing on child abuse prevention programming. The impact of education on children is immense, because we want to make sure they know what to do and how to keep themselves safe. We know that in the schools where we provide education, we regularly have one or two children who come forward after learning through our program. The McMahon/Ryan Child Advocacy Center believes strongly in Erin Merryn's law, because we need to ensure that every single child is getting this education and the tools they need,” said Linda Cleary, Executive Director of the McMahon/Ryan Child Advocacy Center.

The bill is currently carried  in the Assembly by Assemblyman Dinowitz.

SENATOR KLEIN & THE NEW YORK BOTANICAL GARDEN HOST FREE HOME GARDENING PROGRAM

  State Senator Jeff Klein kicked off a series of free home gardening classes at The New York Botanical Garden on Saturday.

During the first class “The Fundamentals of Home Gardening,” instructor Daryl Beyers discussed feeding, mulching, planting, pruning, watering, and weeding. Students also learned about soil and composting. Throughout the series, NYBG horticulture experts will teach participants about the basics of gardening, vegetable growing in various spaces, and budget-friendly gardening techniques.

“We are lucky to have the renowned New York Botanical Garden within our district. Gardening has been proven to be therapeutic, improve property values, and add to the beauty of our communities. That’s why I am proud to partner with the Garden to provide this free program to the constituents of the 34th State Senate District,” said Senator Klein.

“The New York Botanical Garden is pleased to continue this partnership with Senator Jeff Klein to deliver the highly successful Home Gardening Program to residents of the 34th Senatorial District. For many years in the past, this series of seminars highlighted simple gardening techniques which help keep communities green and beautiful, and we are honored to provide a fresh set of programs in collaboration with Senator Klein," said Aaron Bouska, Vice President of Government and Community Relations, The New York Botanical Garden.