Acting U.S. Attorney Reaches Agreement With Architecture Firm Over Failure To Ensure Accessibility In Manhattan Apartment Complex

  Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced that the United States has settled a federal civil rights lawsuit against SLCE ARCHITECTS, LLP (“SLCE”), by consent decree.  The suit alleges that SLCE violated the federal Fair Housing Act (“FHA”) by failing to design the Verdesian Apartments (“The Verdesian”), a Manhattan residential apartment complex, with the features required by the FHA to ensure accessibility for persons with disabilities.  

Under the settlement, SLCE agrees to establish procedures, including the appointment of a Coordinator for Accessibility Education, to ensure that its ongoing and future development projects will comply with the accessibility requirements of the federal Fair Housing Act (“FHA”).  Further, as part of the consent decree, SLCE has agreed to provide up to $15,000 to compensate aggrieved persons and to pay a civil penalty of $30,000.  The consent decree was entered on May 24, 2017, by U.S. District Judge Jed S. Rakoff.

The developer of The Verdesian, Albanese Organization, Inc., and three of its affiliates, North End Associates, LLC, River Terrace Associates, LLC, and Chelsea Associates, LLC (together, the “Developer Defendants”), were also named as defendants in the suit, and Judge Rakoff approved a consent decree between the Government and the Developer Defendants on February 12, 2017, under which the Developer Defendants, among other remedial measures, agreed to make retrofits to The Verdesian.      

Acting U.S. Attorney Joon H. Kim said:  “Through this lawsuit, the Office continues its efforts to require not only developers, but also architects, to comply with the law by creating rental properties that are accessible to New Yorkers with disabilities. This settlement ensures that future projects designed by SLCE will comply with the FHA and can be fully enjoyed by individuals with disabilities.”

The FHA’s accessible design and construction provisions require new multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities.  According to the allegations in the Complaint, The Verdesian, a rental complex located at 211 North End with 253 rental units, was designed and constructed with numerous inaccessible features, including excessively high thresholds interfering with accessible routes in the public and common areas as well as into and within individual units, and insufficient widths, clearance, and clear floor space in bedrooms, bathrooms, closets, and kitchens for maneuvering by people who use wheelchairs.    

To ensure future FHA compliance, the settlement requires SLCE to certify its plans, drawings, and blueprints as adhering to the requirements of the FHA and to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.

Finally, the settlement requires SLCE to pay a civil penalty of $30,000 and to provide up to $15,000 to compensate aggrieved persons.   

Aggrieved individuals may be entitled to monetary compensation from the fund created through the settlement.  Aggrieved individuals may include those who:

• Were discouraged from living at The Verdesian because of the lack of accessible features;
• Have been hurt in any way by the lack of accessible features at The Verdesian;
• Paid to have an apartment at The Verdesian made more accessible to persons with disabilities; or
• Otherwise were discriminated against on the basis of disability at The Verdesian as a result of the inaccessible design and construction of the properties.

People who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

                        U.S. Attorney’s Office, Southern District 

                        of New York

                        86 Chambers Street, 3rd Floor

                        New York, New York  10007

                        Attention:  Chief, Civil Rights Unit

Chairman Of Purported Hedge Fund Pleads Guilty In Manhattan Federal Court To Conspiring To Commit Securities And Wire Fraud

  Joon H Kim, the Acting United States Attorney for the Southern District of New York, announced that NICHOLAS MITSAKOS pled guilty in Manhattan federal court today to conspiring to commit securities and wire fraud.  MITSAKOS’s plea stems from his participation in a scheme to defraud investors through his operation of a purported hedge fund called Matrix Capital.  MITSAKOS solicited investments in his fund by overstating its past performance and its assets under management, when, in fact, Matrix Capital had never actually purchased or held any securities during the vast majority of its existence.  Moreover, once he actually received investments based on these false statements, MITSAKOS misappropriated significant amounts of the money to pay his own personal expenses. 

MITSAKOS was arrested on August 11, 2016, and pled guilty today before the Honorable Denny Chin, who was sitting by designation as a United States District Judge. 

Acting U.S. Attorney Joon H. Kim said:  “As he admitted in pleading guilty today, Nicholas Mitsakos purported to operate a successful hedge fund, but in reality, it was a sham from the outset. He touted his track record when in fact he had no trading history whatsoever. In the course of his fraud, he took hundreds of thousands of dollars from a single investor, and spent it on personal expenses. Mitsakos now stands a convicted felon and awaits sentencing for his crime.”

According to the Complaint, the Indictment, and other statements made in open court:

In or about October 2013, MITSAKOS created a purported hedge fund called Matrix Capital (“Matrix”).  Matrix purported to be a “long-short” fund that invested in undervalued securities and sold overvalued securities short with a long track record of success.  In order to raise money for his fund, MITSAKOS and others sent marketing materials and newsletters to numerous potential investors.  Certain of these materials claimed that Matrix had achieved returns exceeding major indices like the S&P 500, including, in one newsletter, purported gains of approximately 25% in 2012, 66% in 2013, 20% in 2014, and 49% between January and October of 2015.  MITSAKOS also led potential investors to believe that these returns were based on actual securities trades by Matrix, and that Matrix had millions in assets under management (“AUM”). 

MITSAKOS’s representations regarding Matrix’s performance and AUM were false.  In fact, Matrix had no track record in actually purchasing and selling securities, and, indeed, had no meaningful assets until receiving funds from a victim in September 2015.  Instead, the purported performance results provided to potential investors were premised on how a hypothetical portfolio would have performed had Matrix actually acquired certain securities.  No such trading actually took place and Matrix never actually owned any of the securities in the hypothetical portfolio that MITSAKOS maintained.  Even in regard to Matrix’s hypothetical investment portfolio, MITSAKOS retroactively manipulated the investments in that portfolio from time to time in order to improve dramatically its hypothetical performance. 

Based in part on MITSAKOS’s misrepresentations, Matrix received approximately $2 million from an investor in September 2015.  MITSAKOS, however, used only a portion of that amount – about $1.2 million – to actually buy and sell securities.  Of the remaining amount, MITSAKOS spent hundreds of thousands of dollars on business expenses and personal expenses like car payments, credit cards, and rent.  MITSAKOS’s trading of the $1.2 million that he did invest, moreover, resulted in significant losses.

MITSAKOS, 57, pled guilty to one count of conspiring to commit securities and wire fraud. This charge carries a maximum term of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Kim praised the exceptional work of the Office’s criminal investigators, and thanked the Securities and Exchange Commission for its assistance.

Manhattan U.S. Attorney Announces Charges Against Operator Of Online Retailer For Running Fraudulent Eyewear Website

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the arrest of VITALY BORKER, the operator of “OpticsFast.com,” an online retailer of purported designer eyewear.  BORKER was arrested pursuant to a complaint charging him with mail and wire fraud in connection with a scheme to defraud unsuspecting customers by misrepresenting the authenticity and condition of eyeglasses sold through the website, and to harass customers who complained or attempted to return their purchases.  BORKER was arrested this morning and will be presented later today before the Honorable Ronald L. Ellis.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “As alleged, Vitaly Borker ran his eyewear business, OpticsFast.com, as an online platform for fraud, selling defective and counterfeit merchandise. And as alleged, when his customers rightfully complained or tried to get their money back, Borker harassed and abused them. Borker’s shameless brand of alleged abuse cannot be tolerated, and we are committed to protecting consumers from becoming victims of such criminal behavior. We thank our partners at the U.S. Postal Inspection Service for their shared commitment to this mission.”

USPIS Inspector in Charge Philip R. Bartlett said: “As the adage goes, what goes around comes around - Mr. Borker took this to the extreme when he allegedly devised his fraud scheme to cheat consumers attempting to purchase eyewear.  His cool shades couldn’t shield him from the bright light of law enforcement who illuminated his alleged illicit scheme.  He should have realized he could never outwit Postal Inspectors.”

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

BORKER operates the eyewear website “OpticsFast.com” that purported to sell “brand new and 100% authentic” luxury eyewear, and that advertised itself as “the planet’s biggest online website for designer discount sunglasses and eyeglasses.”  But customers of OpticsFast.com frequently received damaged and counterfeit items, were refused refunds, charged unauthorized restocking fees, or never sent eyewear for which they had been charged.  When those customers tried to return merchandise, BORKER, using an alias, subjected them to a campaign of abusive emails and text messages.  BORKER also insulted customers, called them names, and threatened to refer disputed sales to debt collectors.

BORKER, 41, of Brooklyn, New York, is charged with mail fraud and wire fraud, each of which carries a maximum sentence of 20 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Acting U.S. Attorney Kim praised the efforts of the USPIS in this case.  He added that the investigation is ongoing.

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

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

Four Charged With Brutal Kidnapping Of Georgia Victim

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Timothy Gallagher, the Special Agent-in-Charge of the Newark Field Office of the Federal Bureau of Investigation (“FBI”), announced charges against four defendants for their participation in a brutal kidnapping conspiracy, in which a victim was forcibly abducted at gunpoint in Georgia, stabbed, shot at, held hostage, and then driven north from Georgia toward the Bronx, New York. The victim was finally rescued by law enforcement authorities at the New York/New Jersey border.

Acting Manhattan U.S. Attorney Joon H. Kim said: “The defendants allegedly committed a brutal kidnapping – seizing their victim at gunpoint, shooting at him, stabbing him, and then driving him from Georgia, headed for the Bronx. Thankfully, the victim was rescued, and the defendants apprehended. I want to thank our partners at the FBI for their tremendous work in this investigation and commitment to confronting violent crime.”

FBI SAC Timothy Gallagher said: “Combating violent crime is, and will always remain, a priority of the FBI. These charges reinforce that commitment, and send a message to individuals who engage in violent acts, that the FBI and our law enforcement partners will pursue them with the full force of the law.”

The Indictment[1], which was filed yesterday, charges ISMAEL CASTREJON-GUIZAR, a/k/a “Guero,” EDGARDO NAVAREZ, a/k/a “Edgar,” DULCE SANTOS-VALENZUELA, and RICARDO OCASIO-REYES, a/k/a “Ricky,” in two counts, with participating in a conspiracy to kidnap the victim in or about December 2016, and with the use and possession of firearms, which were brandished and discharged, during and in relation to that kidnapping conspiracy. se charges carry maximum statutory penalties of life in prison.

The defendants were all previously arrested by state authorities, and have been detained. They will each be brought into federal custody on writs. The case is assigned to U.S. District Judge Lewis A. Kaplan.

Mr. Kim thanked the FBI’s Violent Crimes Task Force, and also thanked the Port Authority Police Department, the Bergen County Prosecutor’s Office, and the Chamblee Police Department for their excellent work in apprehending the defendants.

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

 

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

Two Gang Members Charged With Murder Of A Bronx Man

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the indictment of two former members of the BSM gang, PARIS SOTO, a/k/a “P,” and “JOSEPH DENFIELD,” a/k/a “Denfield Joseph,” a/k/a “Denny,” for the gang-related murder of Donnell Harris on August 31, 2010. The case has been assigned to United States District Judge Victor Marrero. DENFIELD was presented yesterday before Magistrate Judge Ronald L. Ellis; SOTO is currently in state custody.

As alleged in the Indictment[1]:

BSM, which stands for “Brim Stone Mafia,” and later “Blood Stone Mafia,” was a criminal enterprise that operated mainly in and around the Bronx, New York, including in the vicinity of East 173rd Street and Topping Avenue. Members and associates of BSM engaged in the sale of narcotics, robberies, credit card fraud, and murder.

On August 31, 2010, BSM members SOTO and DENFIELD participated in the murder of Donnell Harris in order to maintain and increase their standing within BSM.

SOTO and DENFIELD are each charged with one count of murder in aid of a racketeering conspiracy, which carries a maximum sentence of death, or life in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.

Mr. Kim praised the outstanding investigative work of the FBI and the NYPD.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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

Real Estate Developer Pleads Guilty In White Plains Federal Court To Conspiracy To Corrupt The Electoral Process In Bloomingburg

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, today announced that KENNETH NAKDIMEN pled guilty to conspiracy to corrupt the electoral process, in connection with an election in Bloomingburg, New York.  NAKDIMEN pled guilty earlier today before United States District Judge Vincent Briccetti in White Plains federal court. 

Acting Manhattan U.S. Attorney Joon H. Kim stated:  “Fair elections are the bedrock of democracy.  As he has now admitted, Kenneth Nakdimen devised a scheme to advance his real estate project by falsely registering voters and corrupting this sacred process.  We will not allow greed to influence elections at any level.” 

According to the allegations contained in the Indictment, as well as statements made in related court filings and proceedings:

Starting in 2006, KENNETH NAKDIMEN, a real estate developer, sought to build and sell real estate in Bloomingburg, New York.  From these real estate development projects, NAKDIMEN and others hoped for and anticipated making hundreds of millions of dollars.  But by late 2013, the first of their real estate developments had met local opposition, and still remained under construction and uninhabitable.  When met with resistance, rather than seek to advance their real estate development project through legitimate means, NAKDIMEN and others instead decided to corrupt the democratic electoral process in Bloomingburg by falsely registering voters and paying bribes for voters who would help elect public officials favorable to their project.

Specifically, in advance of an election in March 2014 for Mayor of Bloomingburg and other local officials, NAKDIMEN and others, and people working on their behalf, developed and worked on a plan to falsely register numerous people who were not entitled to register and vote in Bloomingburg because they actually lived elsewhere.  Those people included some who never intended to live in Bloomingburg, some who had never kept a home in Bloomingburg, and indeed, some who had never set foot in Bloomingburg in their lives.  NAKDIMEN and others took steps to cover up their scheme to register voters who did not actually live in Bloomingburg by, among other things, creating and back-dating false leases and placing items like toothbrushes and toothpaste in unoccupied apartments to make it seem as if the falsely registered voters lived there.

NAKDIMEN and others also bribed potential voters by offering payments, subsidies, and other items of value to get non-residents of Bloomingburg to register unlawfully and vote there. 

NAKDIMEN, 64, of Monsey, New York, pled guilty to one count of conspiracy to corrupt the electoral process, which carries a maximum sentence of five years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

NAKDIMEN’s sentencing is scheduled for September 9, 2017.      

Mr. Kim praised the outstanding investigative work of the FBI-Hudson Valley White Collar Crime Task Force, the Sullivan County District Attorney’s Office, the Sullivan County Sherriff’s Office, the Orange County Sheriff’s Office, the Orange County District Attorney’s Office, the Internal Revenue Service, and the United States Postal Inspection Service.  Mr. Kim also thanked the Department of Justice’s Public Integrity Section, Election Crimes Branch, for its assistance in the case.

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

ADMINISTRATION FOR CHILDREN’S SERVICES, HEALTH DEPARTMENT ANNOUNCE NEW CITYWIDE CAMPAIGN TO PROMOTE SAFE SLEEP PRACTICES FOR FAMILIES WITH INFANTS

Central Bronx, High Bridge/Morrisania, Hunts Point/ Mott Haven, and Northeast Bronx have the highest rates of sleep-related infant deaths

ACS and Health Department teams trained over 12,300 frontline child welfare staff, city workers, parents and other caregivers in safe sleep practices

ACS frontline staff offers in-home assessments with smartphones and training video

Health Department home visiting staff provides safe sleep education and cribs for families who do not have a safe place for their infant to sleep

  The New York City Administration for Children’s Services (ACS) and the Health Department announced a new citywide campaign today at NYC Health + Hospitals/Lincoln to promote safe sleep practices for families with infants, building on a community-based training initiative that has seen over 12,300 New Yorkers trained on approved Safe Sleep practices since January 2016.

The new campaign – in English, Spanish, Chinese, French and Haitian Creole – directs parents and caregivers to “Put them to bed as if their life depends on it. Because it does” and highlights the reasons why safe sleep recommendations can save lives. The campaign will be featured in bus shelters, hair and nail salons, bodegas and laundromats in East and Central Harlem, throughout Brooklyn and the Bronx, parts of Queens and Staten Island. 

In New York City, sleep-related injuries remained one of the leading causes of death among infants, with 40 deaths in 2014 and 48 deaths in 2015 at a combined rate of 36.1 per 100,000 live births for 2014-2015. During this time period, prematurely-born infants (less than 32 weeks) compared to other gestational ages, infants residing in the Bronx compared to other boroughs, and infants whose mothers were 20-29 years of age compared to other age groups, had higher rates of sleep-related injury deaths.

In an effort to focus these trainings in communities with the highest rates of sleep-related infant deaths, ACS’ Safe Sleep team has trained over 5,300 fatherhood groups, faith-based organizations, expectant teens, healthcare professionals, formerly-incarcerated mothers, public housing residents, and homeless families. In the field, the agency’s over 2,200 frontline child welfare workers are also able to access ACS’ “A Life To Love” educational video through new Smartphones distributed throughout the division.

“Empowering parents to practice safe sleep is a critical part of our Administration’s efforts to keep children healthy and safe,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio.  “I commend the Administration for Children’s Services and the Department of Health and Mental Hygiene for coming together to spread the word about these practices – which will save lives and ensure that every child, in every community, has the same chance at a long and healthy life.”

“These initiatives are part of a comprehensive effort to promote safe sleep practices for families with infants,” said ACS Commissioner David Hansell. “We know that, tragically, the High Bridge/Morrisania is one of the area’s most affected by sleep-related deaths. We consider such deaths entirely preventable with public education-- like this bold campaign-- and appropriate and accessible healthcare. We are proud to join the Health Department in this mission, proud to re-launch this campaign at Lincoln Hospital, and proud to continue this vital work in the Bronx.”

“Safe sleep practices are life-saving for all newborns, and this renewed effort enlists the help of trusted community members to educate families about these practices,” said Health Commissioner Dr. Mary T. Bassett. “Additionally, by focusing on community engagement and training, we are disseminating this important knowledge to families and connecting them to the resources they need through the Neighborhood Health Action Centers’ Family Wellness Suites. We are confident this neighborhood-level approach will be effective in making safe sleep the norm for all moms and their newborns.”

“Every family should get to celebrate their newborn’s first birthday,” said First Deputy Health Commissioner Dr. Oxiris Barbot. “Sadly, each near approximately 50 of our tiniest New Yorkers die due to a sleep-related cause, which is entirely preventable. This new educational campaign coupled with programming to reach credible messengers in communities most affected is a positive step in remedying a longstanding inequity.”

“NYC Health + Hospitals/Lincoln recognizes the power of community as an important element in the making of strong and healthy families.  We are proud to continue supporting the work of the Safe Sleep initiative as part of our ongoing commitment to better health outcomes and providing necessary resources for families in the Bronx,” said Milton Nuñez, Chief Executive Officer, NYC Health + Hospitals/Lincoln.

The Health Department provides safe sleep education and supports breastfeeding families in high priority neighborhoods through home visitors from the Department’s Newborn Home Visiting Program, Nurse-Family Partnership, and Healthy Start Brooklyn programs. Staff can connect families to resources and support, including the Department’s Healthy Homes Program, to address housing quality issues like heat and rodents that can interfere with safe sleep practices. Through initiatives such as these the Health Department has trained over 7,000 home visitors, city employees, community health workers, parents and infant caregivers in safe sleep practices since January 2016. The Department promotes American Academy of Pediatrics safe sleep recommendations that breastfeeding helps reduce the risk of sleep-related infant deaths.

New Health Department initiatives include:

·         The Champions Program: A pilot project to train community influencers to be Safe Sleep ambassadors. The Health Department is engaging community members through the Neighborhood Health Action Centers and community partners to recruit grandparents and other trusted community residents to be trained in safe sleep practices. The training employs a newly-created safe sleep curriculum and educational materials and aims to train 100 grandparents and community residents by June 30, 2017.

·         Launch of New Parent Safe Sleep Educational Video: ACS and the Health Department are jointly creating a resource for NYC Health + Hospitals’ hospitals and community health centers, the video will be shown to new parents before hospital discharge. The video will be available at nyc.gov/safesleep and it will be downloadable on smart phones.

·         Safe Sleep Educational Flyer: The flyer promotes Safe sleep by focusing on the “why”: why safe sleep practices make a difference in preventing sleep-related infant deaths. It will be mailed with every birth certificate.

The Health Department’s ongoing Safe Sleep activities will continue to be offered at the Neighborhood Health Action Centers, community spaces in East Harlem, Manhattan, Brownsville, Brooklyn and East Tremont in the Bronx. The Neighborhood Health Action Center initiative is revitalizing underused Health Department buildings by co-locating health services, community health centers, public hospital clinical services, community-based organizations and service providers.  

According to the 2014 Pregnancy Risk Assessment Monitoring System data, the percent of mothers placing their infants to sleep on their back has increased significantly, from 53 percent in 2004 to 66 percent in 2014.  Despite improvements over time, disparities among racial groups persist and were statistically significant in 2014: 62 percent of Latina mothers and 58 percent of Black non-Latina mothers put their baby on their back to sleep compared to 75 percent of White mothers.

Infant sleep-related injury deaths involve the following risk factors:

·         Sleep positioning: Unsafe sleep positioning (placement on the stomach or side) were found in 49 percent of sleep-related infant injury deaths.

·         Bed sharing: Bed sharing with an adult or other child at the time of death was evidenced in 52 percent of injury deaths.

·         Sleep surface: Unsafe sleep surfaces (anything other than a crib, bassinet or playpen) were found in 72 percent of sleep-related infant injury cases.

·         Bedding: Excess/soft bedding or other object in bed was found in 68 percent of sleep-related infant injury deaths.

For more information about NYC ACS, please visit www.nyc.gov/acs, and for more information about NYC Department of Health & Mental Hygiene, please visitwww.nyc.gov/health 

Federal Tax Proposal Could Cost Homeowners $21 Billion More in Taxes: IDC Report

Senator Carlucci & IDC Step Up to Protect Taxpayers in ‘Taxing Times’

Senator David Carlucci and members of the Independent Democratic Conference released a policy report, “Taxing Times: Protecting New Yorkers from Bad Tax Policy in Washington,” examining how Washington’s proposal to eliminate one’s ability to deduct property taxes on the federal level deals taxpayers another blow on the state level. The federal change could wind up costing taxpayers a whopping $21 billion more in taxes.

Senator Carlucci also introduced legislation (S.6502) to protect New Yorkers’ ability to deduct property taxes on state income taxes in the event this bad federal policy becomes law.

“Donald Trump's tax plan would rob middle-class New Yorkers and force some residents who already pay the highest property taxes in the nation, to pay even more.  With State taxation rates impacted by federal policy, the elimination of this deduction would amount to a double tax on New Yorkers who struggle to make ends meet as it is.  If Washington's out of touch leadership takes this tax deduction away from New Yorkers, it would cost a shocking $21 billion throughout the State. Taxpayers can't afford to lose this deduction and New York has to continue to be a safety net to Washington's destructive direction,” said Senator Carlucci.

“The bad tax proposals coming from Washington will hurt millions of hardworking New Yorkers who already pay steep property taxes. This trumped-up tax plan only hurts our middle-class who could least afford to pay more taxes. The Independent Democratic Conference will act on a state level to protect taxpayers’ ability to continue to deduct their property taxes on a state level,” said IDC Leader Jeff Klein.

“This proposed change to federal tax policy would affect thousands of Central New Yorkers who claim a property tax deduction to reduce their tax burden. Asking hard-working families to pay more is wrong, and the IDC’s report explains the cost families would face if this policy is implemented,” said IDC Deputy Leader David Valesky.

“New Yorkers consistently face some of the nation's highest tax burdens at every turn. Another tax hit from Washington with the elimination of the property tax deduction is one that will cause our middle-class families to suffer most. The Independent Democratic Conference is taking a proactive and pragmatic step to ensuring New York homeowners can rest easier at night,” said Senator Diane Savino.

“It seems that every time President Trump puts a proposal forward, hardworking New Yorkers will be seriously hurt by it. His tax plan is no exception. My conference and I will do everything possible to ensure homeowners are capable of continuing to deduct their property taxes,” said Senator Jose Peralta.

“Residents of New York City and State are subject to some of the highest taxes in this nation. Being able to deduct state and local taxes from our taxable federal income is the only relief we see and losing this deduction would hit New Yorkers, particularly those in my District, exceptionally hard. This legislation being introduced by the IDC to protect taxpayers across the state will provide much-needed relief in the event of Donald Trump’s tax plan becoming law,” said Senator Tony Avella.

“‘Taxing Times’ shines a spotlight on a key area of policy where the wrong choice in DC could negatively impact millions of New York households. The Trump administration has a record of bringing forward unwise, unsound, and unreasonable policies and we need to be prepared for Trump’s total lack of judgement to appear in tax policy. Senator Carlucci’s legislation serves as an important step to help shield New Yorkers from a damaging change that has the potential to harm millions of our fellow New Yorkers. We must act in every area we can to meet faulty federal policy with wisdom here on the state level. Senator Carlucci’s legislation does precisely that,” said Senator Jesse Hamilton.

“The policies coming out of Washington are wrongheaded and disproportionately affect working people and states with high property taxes like New York. By unlinking state property tax deductions from federal deductions, we can minimize the blow to New York homeowners and HDFC owners of this regressive policy,” said Senator Marisol Alcantara.

The federal government allows taxpayers to deduct state and local taxes from their income when determining their taxable federal income. Currently, a third of New York filers claim this itemized deduction on their federal returns, with an average deduction of $21,000 based on 2014 numbers.

Unfortunately the Trump administration’s plan for “tax reform” includes cuts that would end this deduction, resulting in a net tax increase for New Yorkers and leaving them at risk to lose this important money saving tool. Similar plans from Congress would enact similar cuts.

The Independent Democratic Conference estimates a $21 billion increase in federal taxes for New Yorkers, based on an analysis of 2014 tax data, if this policy is enacted.

IDC Analysis of Value of State and Local Tax Deduction

Type of State or Local Tax	Total Deductions Claimed    (In Thousands of $)	Value of Deductions  (In Thousands of $)	Number of Filers claiming the deduction	Value per filers
Real property Taxes	$20,158,375.00	$5,266,850.86	2,375,850	$2,216.83
State and Local Income Taxes	$47,302,123.00	$15,045,552.51	2,839,750	$5,298.20
All State and Local Taxes	$68,400,903.00	$21,049,806.20	3,251,300	$6,474.27

If this federal itemized deduction were to be repealed, then state taxpayers would no longer be able claim a  property tax deduction on their state returns either. Current state law links the itemized deduction at the state level to federal itemized deductions.

In order to unlink the two, in the event a policy change, the IDC is introducing legislation that would enshrine New Yorkers’ ability to claim an itemized deductions for their property taxes on state returns.

It would not impact the state’s bottom line differently since this deduction already exists. Taxpayers saved $716.6 million in 2014 and this year they are expected to save $704 million in taxes. It is the second largest deduction after the mortgage and investment interest deduction at the state level. Over 1.6 million New Yorkers deducted property taxes in 2014, with an average deduction of $9,883.

If the state does not act, it could  cost taxpayers over $704 million this year on a state level.