BP DIAZ STATEMENT ON TODDLERS DEATH IN CLUSTER HOMELESS SHELTER

  "The cluster homeless shelter program has been broken for a long time and should have been eliminated years ago," said Bronx Borough President Ruben Diaz Jr. "There is an undeniable homelessness crisis in this city, and the city must initiate an aggressive reform in the shelter system to provide humane, clean and safe spaces for our most vulnerable residents during a difficult time.

“This is why Councilmember Rafael Salamanca will be introducing legislation, at my behest, to prevent the City of New York from leasing space in buildings that have outstanding C-level violations or stop-work orders; including hotels, motels, cluster-sites, and shelters; used for the purpose of housing homeless individuals or families.

“I will continue to work with all of my partners in government to identify the bad actors in our shelter system, in order to protect our most vulnerable residents.”

MAYOR DE BLASIO ON THE DEATH OF TWO CHILDREN IN THE BRONX

  I wanted to speak for a couple of minutes about the tragedy our city experienced yesterday in the Bronx. And I visited the apartment where the two children passed away – Ibanez and Scylee – two-year-old and one-year-old – and it is very painful to see that. My heart goes out to this family – to the parents who have lost their two children. I can only imagine that pain. Two beautiful children – there were photos on the walls; drawings on the wall. It was a very – clearly a warm, and loving household, there is no question about that.

And the loss that we all feel here – I was with the precinct commander and some of the detectives from the precinct – everyone felt the sort of [inaudible] silence looking at this room  and sensing the loss that this family had experienced. And it was really hard to talk about. And I have to tell you, there’s going to be a very full investigation – rigorous investigation to figure out what happened here. NYPD is doing an investigation – of course, the Department of Homeless Services and our Housing Department – HPD – are investigating as well.

But what we know so far suggests an extraordinary an unprecedented accident – something that we – no one that I have talked to so far in any agency has ever seen anything like this. Steve Banks, who has so much history – for 30 years worked with the homeless and [inaudible] leading experts on building [inaudible] for New York City – no one has ever seen anything like this. And we need to understand what happened here. We do not see any precedent in anything that has happened before. This was a freak accident, a series of painful coincidences that led to the loss of these children. HPD went through the building and the adjoining building. They apparently have an adjoined boiler system – went through, went to every apartment last night, did not find anything [inaudible]. They restored the heat as a result. There were no specific complaints that we knew of that would have indicated anything like this. There had been an inspection of this apartment last month. We are trying to put the pieces together, but so far cannot understand how something like this could happen.

 I think a very natural question – should New Yorkers be concerned about their radiators? What I can tell you is, again, we have no history of something like this specific incident. We will – if there is anything we learn from the investigation we are going to make it the public immediately, obviously, that would tell people to take a precaution, but so far just appears to be an extraordinarily unusual and particular incident – but horribly, horribly tragic.

  The valve that every radiator has – something happened with that valve. We do not know if it was something wrong with the manufacturer of that unit. We do not know if it was altered in some way. Something unusual was going on. That’s what we have to figure out, but somehow the valve – even though it was a low pressure system. I just talked to deputy commissioner [inaudible] who was there himself and again is an expert on repairs in apartment buildings – the low pressure system – the boiler was in another building, there was nothing that indicated the valve coming off, but apparently somehow it came off and steam came out in an extraordinary quantity. We don’t know how or why. It has nothing to do with the rest of the surface of the radiator. It’s just the valve.

Community Board 7 Christmas Tree Lighting

  Hundreds of people came to hear local elected officials and several Community Board 7 members gathered on the stage, the chorus of PS 20 sing holiday songs, the lighting of the CB 7 Christmans Tree, and welcome Santa. Above Barbara Stronzer Chair of the CB 7 Parks Committee welcomes everyone.

Above - Assemblyman Jeffrey Dinowitz tells of the wonderful time of year it is for him, and is glad to be at the CB 7 tree lighting as he has for many years now.

Below - Councilman Andrew Cohen echoes the remarks of Assemblyman Dinowitz as this now has become a yearly event for him also.

Above - Assemblyman Mark Gjonaj tells everyone why this tome of the year is special to him, as he is able to attend many tree lightings and holiday events in his district. 

Below - The Chorus of PS 20 sing several holiday songs before the tree is lit.  

Above - The Cb 7 Christmas looks nice, but something is missing.

Below - Santa arrives to light the Christmas tree.

The Christmas tree is lit.

Council Member Andrew Cohen Announces Selection of New “District 11 Community Activist of the Month”

  At the 50th Police Precinct Council meeting last night Councilman Andrew Cohen presented his first Community Activist of the Month Award to Ms. Elisha Bird of Riverdale for her 'Traffic Safety Advocacy Efforts. Ms. Bird was injured while crossing a busy Kingsbridge intersection and has advocated for safer crossings at the intersection for all who cross at the intersection of Riverdale Avenue and West 231st Street where she was injured.

  “I am thankful that DOT heeded our request to introduce traffic calming measures at this busy location,” said Council Member Cohen. This will help students, teachers, and commuters in the Kingsbridge area. He added, “Elisha Bird is one of many individuals in the district who are my eyes and ears on the ground. I am grateful to her and others who bring dangerous conditions to my attention, so I can constantly suggest improvements to DOT.  I will continue to work with my colleagues and DOT to improve pedestrian safety at every dangerous intersection in my district. For her efforts in this key task, it is fitting that Elisha Bird be honored as District 11 Community Activist of the Month.”

Mounted PEP officers spotted on Mosholu Parkway

Two Parks Enforcement Officers on horseback can be seen traveling along Mosholu Parkway as they patrol Van Cortlandt Park including the stretch of parkland that runs along both sides of Mosholu Parkway.  The PEP officers are mainly used as a deterrent against any criminal action in the park or along the parkway. 

Above and Below - The PEP officers let their horses bring them back to VCP as the horses know the route they travel. You can click on the photos to enlarge them for more detail.

74th Accident This Year At Broadway and West 230th Street Ths Year

  Traffic at the intersection of Broadway and West 230th Street came to a halt for about 20 minutes as fire and police department personal had to clear a two car accident on Wednesday afternoon. As you will see in other photos about the two cars involved, one had some body damage, while the other had major front end damage. The cause of the accident - both drivers being in the same place at the same time. 

Above - Firemen survey the scene checking if any hazardous liquids from the two cars have leaked onto the roadway, such the anti-freeze/coolant in a car radiator.

Below - One fireman gets into the red Toyota to move the car to the side of the road. This car seems not to have to much damage to it.

The second car a ford however seems to have front end damage. Firemen were able to move this car to the corner also so traffic could once again flow after about a twenty minute shutdown of the intersection northbound on Broadway. There were no reported injuries at the accident site. This was the 74th reported accident to the police at this intersection dubbed the worse intersection on Broadway in the Bronx. 

U.S. Attorney Sues Landlord For Refusing To Allow Disabled Tenant To Keep An Assistance Animal

Lawsuit Follows Determination by Department of Housing and Urban Development that Landlord Engaged in Discrimination on the Basis of Disability

  Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a lawsuit against 111 EAST 88TH PARTNERS, a partnership, for violating the Fair Housing Act.  The Government alleges that 111 EAST 88TH PARTNERS discriminated against a disabled tenant, Gregory Reich, by failing to permit a reasonable accommodation of the tenant’s psychiatric disability.

U.S. Attorney Preet Bharara said: “We have repeatedly filed lawsuits of this sort, and will continue to do so, until housing providers understand that the Fair Housing Act plainly allows tenants with disabilities to keep assistance animals.” 

As alleged in the Complaint filed in Manhattan federal court:

Reich is a statutory lessee of an apartment in a building located at 111 East 88th Street, New York, New York.  Reich suffers from depression and a personality disorder, and has long suffered from chronic kidney disease.  In March 2015, Reich was diagnosed with end stage renal disease, which led to a significant deterioration of his mental health and a reduced capacity to care for himself.  On June 18, 2015, Reich requested a reasonable accommodation to keep an emotional support dog based on updated medical information related to his recent diagnosis of end stage renal disease.  Reich attached letters from his physician and his therapist.  In response, 111 EAST 88TH PARTNERS requested that Reich provide copies of all of the therapist’s notes from his sessions with Reich from May 2014 through present, and copies of Reich’s medical records and medical history.  111 EAST 88TH PARTNERS also reserved the right to have Reich examined by a physician it had selected, and to require Reich, his physician, and his therapist to appear to answer questions under oath relating to Reich’s disability and accommodation request. 

Believing that 111 EAST 88TH PARTNERS’ requests for medical information were so burdensome as to constitute a denial of the reasonable accommodation request, Reich filed an administrative complaint with the U.S. Department of Housing and Urban Development (“HUD”).  Upon investigation, HUD determined that there was reasonable cause to believe that the Fair Housing Act had been violated.  Thereafter, 111 EAST 88TH PARTNERS elected pursuant to the Fair Housing Act to have HUD’s determination resolved in federal court.

In these circumstances, the Fair Housing Act authorizes the Department of Justice to commence an action in United States District Court on behalf of Reich.  The Complaint seeks declaratory, injunctive, and monetary relief for Reich.

Mr. Bharara thanked HUD for its efforts in the investigation.

Manhattan U.S. Attorney Announces Arrests Of Operators Of Retail Heroin Store

Drug ring conspired to sell heroin out of a retail storefront in Newburgh, NY

  Preet Bharara, the United States Attorney for the Southern District of New York, Angel Melendez, Special Agent in Immigration and Customs Enforcement’s Homeland Security Investigations in New York (“HSI”), and George P. Beach II, Superintendent of the New York State Police, announced the arrest of VICTOR M. RIVAS, EDWARD CARDONA, JULIO A. DAVILA, and RONALD L. MATIAS a/k/a “Ronald Louis” stemming from a narcotics conspiracy to establish a retail heroin-selling organization.  VICTOR M. RIVAS was arrested at his home in Newburgh, New York, and MATIAS was arrested at a motel in Newburgh.   CARDONA and DAVILA were arrested at the retail shop at 427 Broadway in Newburgh.  They will be presented today before U.S. Magistrate Judge Lisa Margaret Smith in White Plains federal court.

Law enforcement officers also executed search warrants on several locations where they believed the organizers were storing narcotics.  They seized a brick containing a substance that appeared to be heroin from behind the shop, and approximately $250,000 in cash from a storage unit used by the defendants.  Law enforcement also recovered a quantity of a substance that appeared to be heroin from DAVILA that was on his person when he was arrested.

VICTOR R. RIVAS, was also charged.  He is currently incarcerated on state charges and will be transported to federal custody to face the federal narcotics conspiracy charges.  

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, these defendants blatantly sold heroin from a storefront on a main street in Newburgh, New York.  By flouting the law and selling heroin like newspapers or lottery tickets, the Complaint alleges, they also helped fuel the tragic epidemic of opioid abuse that is devastating so many of our communities.”

HSI Special Agent-in-Charge Angel Melendez said:  “This organization allegedly operated daily selling drugs out of their store while posing as a legitimate business. Using fake storefronts has been a way for criminals to hide in our neighborhoods while poisoning our communities.  Whether it’s a sham barber shop or a bogus sports store, there is no place to hide.  HSI and its law enforcement partners continue to work tirelessly, day and night, to find these drug pushers and take them off our streets.”

New York State Police Superintendent George P. Beach II said:  “Once again, a strong law enforcement partnership has brought down an illegal narcotic operation.  State Police members each day see the harmful effects of heroin on individuals, families and our neighborhoods.  A drug like heroin destroys communities and puts lives at risk.  I applaud our members and our partners for their strong police work.  We will continue to work together to make our communities safer from crime.”

According to the Complaint[1] unsealed today in federal court:

Since January 2016, law enforcement agents have been involved in an investigation of a narcotics trafficking organization (the “Organization”) run by VICTOR M. RIVAS, with the assistance of CARDONA, DAVILA, VICTOR R. RIVAS, and MATIAS that operates in and around Newburgh, New York, and specifically at a storefront location at 427 Broadway in Newburgh that alternately operates as a soccer shop and a barbershop (the “Soccer Shop”). 

During this investigation, undercover New York State Police officers (the “UCs”) and confidential sources (the “CSs”) conducted dozens of controlled buys of heroin at the Soccer Shop from several of the defendants.  In aggregate, from January 2016 to November 2016, the UCs and CSs purchased approximately 515 glassine envelopes of a substance sold as, and later determined to be heroin, at the Soccer Shop.  Ten glassine envelopes typically contain approximately 0.25 grams of heroin.

Law enforcement officials believe that the Organization distributed well over 1 kilogram of heroin from January 2016 through November 2016.  That belief is based, in part, on:  (i) the fact that, on the numerous occasions when the UCs and CSs sought to purchase heroin from the defendants, the heroin was readily available; (ii) the UCs and CSs frequently observed other customers of the Organization inside the Soccer Shop purchasing heroin; (iii) surveillance footage from a camera facing the Soccer Shop indicated that the Organization operated daily from approximately 5:30 a.m. to 6:30 p.m., and that a steady stream of customers tended to enter the shop while it  was open and remain inside for only a few minutes each; and (iv) the observations of the UCs and CSs, as well as recorded audio and video surveillance, which indicate that the Soccer Shop is not engaged in any legitimate business as a barbershop, sports shop, or otherwise.  During the course of this investigation, the only business observed to be conducted inside the Soccer Shop was the illegal sale of narcotics.

VICTOR M. RIVAS, 51, of Newburgh, CARDONA, 33, of Newburgh, DAVILA, 26, of Newburgh, VICTOR R. RIVAS, 28, of Newburgh, and MATIAS, 35, are each charged with one count of conspiring to violate the narcotics laws of the United States, by conspiring to distribute and possess with intent to distribute 1 kilogram and more of a mixture or substance containing a detectable amount of heroin.  The charge carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 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.

Mr. Bharara thanked the Drug Enforcement Administration and the City of Newburgh Police Department for their assistance with this investigation.  He added that the investigation is continuing.

This case is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Jacqueline C. Kelly and Allison Nichols are in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.