Attorney General Jeff Sessions Appoints Geoffrey S. Berman As Interim United States Attorney

  Attorney General Jeff Sessions today announced the appointment of Geoffrey S. Berman as Interim United States Attorney pursuant to 28 U.S.C. § 546, which provides that “the Attorney General may appoint a United States Attorney for the district in which the office of United States Attorney is vacant.”  This appointment will take effect on January 5, 2018.

Attorney General Jeff Sessions said:  “Geoffrey Berman brings three decades of invaluable experience to the role of Interim United States Attorney.  He was part of the prosecution team charged with investigating the Iran-Contra matter and served as a federal prosecutor in the Southern District of New York.  As Interim U.S. Attorney for this same district, he will lead an incredible team of attorneys and investigators and help provide New Yorkers with safety, security, and peace of mind.  I am pleased to appoint him to this important role.”

Biographical information for Interim U.S. Attorney Geoffrey S. Berman:

Mr. Berman is currently a principal shareholder in the New York and New Jersey offices of Greenberg Traurig.

From 1990 to 1994, Mr. Berman was an Assistant U.S. Attorney in the Southern District of New York, where he handled complex criminal prosecutions, including tax, securities and computer hacking violations.

Prior to that Mr. Berman was an Associate Counsel in the Office of Independent Counsel Iran-Contra, where he successfully prosecuted a former CIA employee for tax fraud.

Mr. Berman clerked for Judge Leonard Garth of the United States Court of Appeals for the Third Circuit.

Mr. Berman received his B.A., magna cum laude, from University of Pennsylvania and his B.A., beta gamma sigma, from the Wharton School.  Mr. Berman received his J.D. from Stanford Law School, where he was Note Editor of the Stanford Law Review.

A.G. Schneiderman Warns Against Price Gouging During Winter Storm In New York State

Schneiderman Urges New Yorkers To Report Potential Fraud To His Office, Offers Tips To Protect Consumers

  Attorney General Eric T. Schneiderman today issued a consumer alert warning both consumers and businesses about price gouging ahead of this week’s winter storm that is impacting parts of New York State. A state of emergency has been in effect since Thursday morning for New York City, Long Island, and Westchester.

General Business Law prohibits excessive increases in prices of essential goods and services like food, water, gas, generators, batteries, and flashlights, hotel lodging, and transportation, during natural disasters or other events that disrupt the market. During and after severe winter weather events, these goods and services might also include snow plowing, snow removal from roofs, shovels and other snow removal equipment, salt, and contract services for storm-related damage.

“Unfortunately, dishonest fraudsters will use severe winter weather as an excuse to illegally line their pockets,” said Attorney General Schneiderman. “We will not tolerate those who seek to exploit weather emergencies storms at the expense of New Yorkers. I urge anyone who believes they have been a victim of price gouging scams to immediately contact my office.”

New York State’s Price Gouging Law (General Business Law § 396-r) prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during an “abnormal disruption of the market.” The price gouging law covers New York State vendors, retailers and suppliers, including but not limited to supermarkets, gas stations, hardware stores, bodegas, delis, and taxi and livery cab drivers.

The aftermath of winter storms may also necessitate the hiring of contractors to assist with additional snow removal and home repairs. Reports of roof collapses and the possibility of flooding from warming temperatures are two areas of significant concern.

Consumers should protect themselves when hiring contractors to perform storm-related services by considering the following:

• Shop around. Get at least three estimates from reputable contractors that include specific information about the materials and services to be provided for the job.
• Get it in writing. Insist on a written contract that includes the price and description of the work needed.
• Don't pay unreasonable advance sums. Negotiate a payment schedule tied to the completion of specific stages of the job. Never pay the full price up front.
• Get references. Check with the Better Business Bureau, banks, suppliers, and neighbors. Always contact references provided to you.
• Know your rights. You have three days to cancel after signing a contract for home improvements. All cancellations must be in writing.

New York's price gouging law takes effect upon the occurrence of triggering events that cause an “abnormal disruption of the market.” An “abnormal disruption of the market” is defined as “any change in the market, whether actual or imminently threatened,” that results from triggering events such as “weather events, power failures, strikes, civil disorder, war, military action, national or local emergency, or other causes.” During an abnormal disruption of the market like a major weather event, all parties within the chain of distribution for any essential consumer goods or services are prohibited from charging unconscionably excessive prices. “Consumer goods” are defined by the statute as “those used, bought or rendered primarily for personal, family or household purposes.” For example, gasoline, which is vital to the health, safety, and welfare of consumers, is a “consumer good” under the terms of the statute. Therefore, retailers may not charge unconscionably excessive prices for gasoline during an abnormal disruption of the market.

New York's price gouging law does not specifically define what constitutes an “unconscionably excessive price.” However, the statute provides that a price may be unconscionably excessive if: the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market.

Any New Yorkers who believe they have been the victim of price gouging should call the Attorney General's office at 800-771-7755 or visit www.ag.ny.gov/price-gouging-complaint-form to file a complaint.

A.G. Schneiderman Announces $45 Million Multi-State Settlement With PHH Mortgage Corporation

Agreement with 49 States, D.C., and 45 State Mortgage Regulators Holds PHH Accountable for Improper Mortgage Servicing Between 2009 and 2012; 1,600 New Yorkers Eligible for Payment

  Attorney General Eric T. Schneiderman announced that 49 states, the District of Columbia and 45 state mortgage regulators reached a $45 million settlement with New Jersey-based mortgage lender and servicer PHH Mortgage Corporation. 

The settlement resolves allegations that PHH, the nation’s ninth largest non-bank residential mortgage servicer, improperly serviced mortgage loans from January 1, 2009 through December 31, 2012. The agreement requires PHH to adhere to comprehensive mortgage servicing standards, conduct audits, and provide audit results to a committee of states. The settlement does not release PHH from liability for conduct that occurred beginning in 2013.

“The foreclosure crisis continues to devastate communities across New York. We have zero tolerance for the types of practices that helped create the crisis – and will hold mortgage companies to account,” said Attorney General Schneiderman. “This settlement requires new mortgage servicing standards and ensures financial relief for homeowners harmed by PHH’s practices.”

The $45 million settlement includes $30.4 million in payments to borrowers, plus additional payments to states and mortgage regulators for costs and fees related to the investigation.

Borrowers who were subjected to PHH foreclosures during the eligible period will qualify for a minimum $840 payment, and borrowers who faced foreclosures that PHH initiated during the eligible period, but did not lose their home, will receive a minimum $285 payment. Approximately 1,600 New Yorkers are eligible for a payment. A settlement administrator will contact eligible payment recipients at a later date.

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Gov. Cuomo’s ‘State of the State’ Address

  “In his speech today, Governor Cuomo outlined a clear progressive vision for protecting our most vulnerable citizens, continued economic development and job creation, a fairer criminal justice system, a more equitable educational system, greater infrastructure investment and a plan for addressing sexual harassment in New York State.

“In the face of a hostile Washington, it is up to state and local governments to develop plans to keep our city and state moving in a positive direction. Today, Governor Cuomo did just that.

“I have been proud to partner with Governor Cuomo on a variety of projects and issues during my tenure as borough president, and I look forward to continuing to work with him to make our city and state work for everyone,” said Bronx Borough President Ruben Diaz Jr.

News from Councilman Mark Gjonaj : Swearing In

Dear Friends,

Yesterday, I officially swore in to be the NYC Councilman representing the13th District in the Bronx, I am once again thankful to the people of the  District for entrusting me to be their representative in NYC Council. I pledge  to continue fighting for a better Bronx and I am eager to get to work representing all of the unique and diverse neighborhoods. As we begin this New Year I would like to remind you that our District Office will be temporarily located at 3040 E. Tremont Ave. Room 104 , Bronx, NY 10461.  Please stop by or call the district office at 718-931-1721. If you would like to receive updates and stay informed, please ask our office staff to be added to my email list. Wishing you a happy a prosperous New Year and looking forward to working together.

Councilman Mark Gjonaj

NYC EMERGENCY MANAGEMENT ISSUES HAZARDOUS TRAVEL ADVISORY FOR THURSDAY, JANUARY 4

Winter Storm Watch in effect late Wednesday through Thursday evening

Alternate Side Parking Regulations are suspended Thursday and Friday;

Parking meters remain in effect

  The New York City Emergency Management Department today issued a hazardous travel advisory for Thursday, January 4, 2018. The National Weather Service has issued a Winter Storm Watch for New York City in effect from late Wednesday through Thursday evening. Snow is forecast to begin around midnightThursday, with the heaviest snow expected to fall during the morning commute. Snow is expected to end Thursdayevening. A total of 3 to 6 inches of snow is forecast, with higher amounts possible. High winds are also forecast Thursday, with 15 mph to 25 mph sustained, and gusts as high as 35 mph to 40 mph. The National Weather Service has also issued a Coastal Flood Advisory in effect from 9 a.m. to noon Thursday for vulnerable locations along the shorelines of Staten Island and Southern Queens.

A Winter Storm Watch means there is potential for significant snow, sleet or ice accumulations that may impact travel. New Yorkers should prepare for snow covered roads and limited visibilities, as high winds can cause blowing and drifting snow. Commuters are advised to use mass transit where possible, and to exercise caution when driving, walking or biking.

Alternate Side Parking regulations are suspended Thursday and Friday to facilitate snow removal. Payment at parking meters will remain in effect throughout the city.

NYC Emergency Management also advised New Yorkers to prepare for cold temperatures, as the arctic air continues Thursday. Temperatures are forecast to be in the upper 20s Thursday, with wind chill values between 10 and 15 degrees. Temperatures Thursday night will be in the low teens, with wind chill values as low as minus 5 degrees. Cold weather can cause or worsen health problems. Certain individuals, including the unsheltered homeless, people with disabilities and those with access and functional needs are at an increased risk for injuries, illness or death. Others at an increased risk also include people who drink heavily or use drugs and become incapacitated outdoors, or those who live in homes without heat, and:

·         Are 65 years of age or older.

·         Are infants.

·         Have certain medical conditions such as heart or lung disease, high blood pressure, diabetes.

·         Have serious mental health conditions or developmental disabilities.

·         Have disabilities or access and functional needs (e.g. limited mobility, trouble leaving home).

New York City agencies are taking a number of measures to prepare for the upcoming storm:

NYC Emergency Management

·         The Emergency Operations Center (EOC) will be activated Thursday evening to coordinate the City’s response to the storm.

·         NYC Emergency Management is working closely with the National Weather Service to monitor the storm’s track to determine the impacts to New York City.

·         NYC Emergency Management is hosting daily interagency conference calls with city and state agencies and public and private partners to coordinate the City’s preparations for the storm.

Department of Sanitation

·         The NYC Department of Sanitation is pre-deploying 693 salt spreaders. PlowNYC will be activated and 1500 plows will be dispatched when more than two inches of snow accumulates, with additional plows available if necessary.

·         DSNY will assign 2,300 workers per shift. Workers will be assigned to 12-hour shifts beginning at 7 p.m.Wednesday.

·         Garbage/recycling collections will be suspended once snow operations begin.

Department of Transportation

·         DOT will deploy resources to assist DSNY with snow removal.

·         DOT’s Bridges Division will pre-deploy crews to East River Bridges.

·         Municipal Parking lots will be monitored and conditions will be addressed as needed.

·         DOT’s Arterial, Parking and Citywide Concrete Units, will pre-treat pedestrian overpasses, muni lots and step streets.

·         DOT’s Ferry Division will pre-treat and clear walkways at the ferry terminal. Ferry passengers are advised to allow extra time for travel Thursday.

·         Crews from JC Decaux will pre-treat bus shelters.

·         DOT will monitor conditions on the citywide Transportation network at the Joint Transportation Management Center with State DOT and NYPD, and coordinate efforts to address any issues.

Department of Social Services

A Code Blue Weather Emergency notice is issued when the temperature is forecast to drop to 32 degrees Fahrenheit or less between 4 p.m. and 8 a.m., including National Weather Service calculations for wind chill values.  No one who is homeless and seeking shelter in New York City during a Code Blue will be denied. Should you see an individual who appears to be homeless and in need out in the cold, please call 311 and an outreach team will be dispatched to offer assistance. During Code Blue Weather emergencies, experienced outreach teams work to connect homeless New Yorkers with the following resources:

·         Shelters: During a Code Blue, shelter is available system-wide to accommodate anyone who is reasonably believed to be homeless and is brought to a shelter by outreach teams. Accommodations are also available for walk-ins.

·         Drop-in centers: All drop-in centers are open 24-hours per day, including when Code Blue procedures are in effect, and will assist as many people as possible for the duration of the emergency. Drop-in staff and the dedicated outreach teams they work closely with each and every day can also make arrangements for homeless individuals at other citywide facilities.

·         Safe havens and stabilization beds: Chronically homeless individuals may be transported directly to these low-threshold housing programs.

·         Street homeless outreach: Teams will contact vulnerable individuals on their Code Blue Priority Lists a minimum of once every four (4) hours beginning at 8 p.m. during Code Blue Alerts and once every two (2) hours beginning at 8 p.m. for Enhanced Code Blue Alerts to encourage them to accept services, including transportation to a shelter placement. DSS coordinates borough-level Code Blue efforts directly with partner City agencies, including but not limited to NYPD, DSNY, and the Parks Department.

Department of Buildings

·         DOB issued a weather advisory reminding property owners, contractors and crane operators to take precautionary measures and secure their construction sites, buildings, and equipment during high winds.

·         The Department will be performing random spot-check inspections of construction sites around the City. If sites are not secured, the Department will take immediate enforcement action — issuing violations and Stop Work Orders, where necessary.

To safeguard construction sites, builders, contractors, and developers should take all precautionary measures including but not limited to the following:

·         Tie down and secure material and loose debris at construction sites.

·         Cover electrical equipment from exposure to the weather.

·         Store loose tools, oil cans, and extra fuses in a tool box.

·         Secure netting, scaffolding, and sidewalk sheds.

·         Suspend crane operations and secure crane equipment when wind speeds reach 30 mph or greater.

·         Suspend hoist operations and secure exterior hoists when wind speeds reach 35 mph or greater, unless manufacturer specifications state otherwise.

·         Brace and secure construction fences.         

·         Call 911 if there is an emergency on a construction site.

To secure a building, property owners should take all precautionary measures including but not limited to the following:

·         Bring inside loose, lightweight objects such as lawn furniture, potted plants, garbage cans, garden tools, and toys.

·         Anchor objects that would be unsafe outside, such as gas grills or propane tanks.

·         Close up and secure patio umbrellas.

·         Secure retractable awnings.

·         Remove aerial antennas and satellite television dishes.

·         Buildings Bulletin 2015-029 outlines the requirements for vertical netting, debris netting and material-fall protection devices at buildings and construction sites.

Strong winds may cause power outages.

Before an outage:

·         Charge cell phones.

·         Gather supplies.

·         Turn refrigerator/freezers to a colder setting.

During an outage:

·         Stay clear of downed power lines

·         Turn off all appliances

·         Keep refrigerator/freezer doors closed

·         Do not use generators indoors.

·         If you have a disability/access needs, or use Life Sustaining Equipment (LSE) and need immediate assistance, dial 911.

NYC Parks

·         NYC Parks asks park patrons not to walk on waterbodies (frozen or partially), and asks that they be careful when walking near them as edges can become obscured during snowfall.  For safety, signage and ice ladder stations are posted around all water bodies in City parks.

·         Parks will support the DSNY street plowing operation, lending 44 plows with operators.

·         Parks staff will prepare over 115 plow vehicles, 150 salt spreaders and other equipment for snow removal on park perimeters.

Winter Storm Safety Tips

For Motorists

·         Use mass transit where possible. If you have to drive, drive slowly. Vehicles take longer to stop on snow and ice than on dry pavement.

·         Four-wheel drive vehicles may make it easier to drive on snow-covered roads, but they do not stop quicker than other vehicles.

·         Use major streets or highways for travel whenever possible.

·         Know your vehicle’s braking system. Vehicles with anti-lock brakes require a different braking technique than vehicles without anti-lock brakes in snowy conditions.

·         If you are driving and begin to skid, ease your foot off the gas and steer in the direction you want the front of the car to go. Straighten the wheel when the car moves in the desired direction. If you have an anti-lock braking system (ABS), apply steady pressure to the brake pedal. Never pump the brakes on an ABS equipped vehicle.

·         Try to keep your vehicle’s gas tank as full as possible.

·         Keep the name and phone number of at least one local towing service in your car in case you break down or become stuck.

For Pedestrians

·         Exercise caution and avoid slippery surfaces; some ice may not be visible. Wear sturdy boots that provide traction to reduce slipping. Use handrails when using stairs.

·         Seniors should take extra care outdoors to avoid slips and falls.

·         Have heightened awareness of cars, particularly when approaching or crossing intersections.

·         If you have to go outdoors, wear dry, warm clothing and cover exposed skin. Keep fingertips, earlobes, and noses covered. Wear a hat, hood, scarf, and gloves.

·         Shivering is an important first sign that the body is losing heat. Shivering is a signal to return indoors.

·         Be careful when shoveling snow. Follow your doctor’s advice if you have heart disease or high blood pressure. Cold weather puts an extra strain on the heart.

·         Be safe at work. Workers who spend a lot of time outdoors are at risk for cold-related health impacts. If you are an employer, implement safe work practices, provide appropriate protective equipment, and train workers on how to stay safe during cold and winter weather.

·         Limit alcohol intake. Drinking alcohol may make you feel warmer but it causes your body to lose heat faster. Alcohol also impairs your judgment which limits your ability to take appropriate precautions or remove yourself from a dangerously cold environment in time. As a result, alcohol actually increases your chances of hypothermia and frostbite.

Prolonged exposure to cold can lead to hypothermia, frostbite, and can worsen existing medical conditions such as heart and lung diseases.

Hypothermia occurs when the body temperature drops to a dangerously low level. It can lead to death. Symptoms include:

·         Intense shivering

·         Dizziness

·         Trouble speaking

·         Lack of coordination

·         Sluggishness

·         Drowsiness

·         Confusion

·         Shallow breathing

                                   

Frostbite occurs when parts of the body freeze, such as finger, toes, ears, nose, and cheeks. It can cause permanent damage. Symptoms include:

·         Red or painful skin

·         Pale skin

·         Unusually firm or waxy skin

·         Numbness

Call 911 and follow instructions, or go to the emergency room if you see symptoms of hypothermia or frostbite.

Fire Safety

·         Make sure you have a working smoke alarm in every room. Test them at least once a month and change the batteries twice a year.

·         Use only portable heating equipment that is approved for indoor use. Space heaters are temporary heating devices and should only be used for a limited time each day.

·         Keep combustible materials, including furniture, drapes, and carpeting at least three feet away from the heat source. Never drape clothes over a space heater to dry them.

·         Never leave running space heaters unattended, especially around children. Always keep an eye on heating equipment. Turn it off when you are unable to closely monitor it.

·         Plug space heaters directly into a wall outlet. Never use an extension cord or power strip. Do not plug anything else into the same outlet when the space heater is in use. Do not use space heaters with frayed or damaged cords.

·         If you are going to use an electric blanket, only use one that is less than 10 years old from the date of purchase. Also avoid tucking the electric blanket in at the sides of the bed. Only purchase blankets with an automatic safety shut-off.

Prevent carbon monoxide poisoning:

·         Carbon monoxide comes from the burning of fuel. Therefore, make sure all fuel-burning devices such as furnaces, boilers, hot water heaters, and clothes dryers are properly vented to the outdoors and operating properly. If you are not sure, contact a professional to inspect and make necessary repairs.

·         Make sure you have a working carbon monoxide detector. Most homes and residential buildings in New York City are required by law to have carbon monoxide detectors installed near all sleeping areas. Owners are responsible for installing approved carbon monoxide detectors. Occupants are responsible for keeping and maintaining the carbon monoxide detectors in good repair.

·         Keep fireplace chimneys clean and clear of debris.

·         Never heat your home with a gas stove or oven, charcoal barbecue grill, kerosene, propane, or oil-burning heaters. Kerosene heaters and propane space heaters are illegal in New York City.

·         The symptoms of carbon monoxide poisoning are non-specific and include headache, nausea, vomiting, dizziness, sleepiness, trouble breathing, and loss of consciousness. Severe poisonings may result in permanent injury or death.

If a carbon monoxide detector goes off in your home get outside immediately and call 911. If you suspect carbon monoxide poisoning, get outside immediately and call 911. For more fire safety information, visit FDNYsmart.org.

Coastal Flooding

Coastal residents should be alert for updates and take action to protect property. NYC residents living in coastal areas expected to experience minor or moderate coastal flooding should take the following preparedness steps:

·         Prepare a Go Bag that you can grab in case you need to leave your home in a hurry. 

·         Learn the safest route from your home or workplace to safe, high ground in case you have to evacuate. This should be part of your household emergency plan. 

·         If you live in a flood-prone area, keep materials such as sandbags, plywood, plastic sheeting, and lumber on hand to help protect your home. 

·         Stay informed. Before and during an emergency, the City will send emergency alerts and updates to New Yorkers through various channels, including Notify NYC. To sign up for Notify NYC, download the free mobile application, visit NYC.gov/NotifyNYC, call 311, or follow @NotifyNYC on Twitter.

MAYOR DE BLASIO ANNOUNCES IMPLEMENTATION OF NEW LAW TO COMBAT SPECULATORS AND TENANT DISPLACEMENT

Predatory Equity Bill creates “Speculation Watch List” to track rent-regulated properties bought by potentially predatory investors and target those properties for increased tenant support and monitoring to prevent displacement

  Mayor Bill de Blasio announced that the Predatory Equity bill, which will help curb speculation and displacement in fast-changing neighborhoods, has become law. Under Intro 1210-A, sponsored by Council Member Ritchie Torres and former Council Member Dan Garodnick, the City’s Department of Housing Preservation and Development will publish a “Speculation Watch List” that identifies recently sold, rent-regulated buildings where tenants are at risk of displacement due to potentially predatory investors. The City can then target those buildings with tenant legal support and closer monitoring to protect tenants.

“Protecting New York tenants and affordable housing is a top priority. This legislation means we will, for the first time, shine a bright light on rampant speculation and greedy landlords who buy residential buildings with the goal of pushing New Yorkers out of their homes. This bill can stop tenant harassment in its tracks,” Mayor Bill de Blasio said.

The legislation requires that HPD publish the first list within 10 months. It will serve as a resource for tenants and tenant organizations, as well as an indicator for City and State agencies of possible tenant harassment patterns.

The listings, which will be updated quarterly on the City’s OpenData portal, will be triggered when buildings sell at much higher than expected prices, an indicator that new landlords expect to drastically raise rents and potentially harass tenants. This new measure is the latest in a series of efforts to protect tenants from harassment and displacement and comes on the heels of Mayor de Blasio releasing Housing New York 2.0, an accelerated and expanded plan to build or preserve 300,000 affordable homes by 2026.

“We need every tool in our arsenal to keep New Yorkers in their homes and safeguard the affordability of our neighborhoods. This new Speculation Watch List uses data to capture the signs of potential harassment and distress, and help protect residents from the threat of predatory investment,” said Housing Preservation and Development Commissioner Maria Torres-Springer. “We thank Mayor de Blasio, City Council Member Ritchie Torres and former Council Member Dan Garodnick, and the many housing advocates who partnered with us to develop this innovative new tool to root out harassment before it starts.”

“This Watch List adds an important new tool to help us keep New Yorkers stably housed,” said Regina Schwartz Director of the Mayor's Public Engagement Unit. “Increasing our knowledge of where tenants may be harassed or unlawfully evicted will help the City ensure that resources and protections for tenants are accessible to those who need them most.”