MAYOR DE BLASIO ANNOUNCES COMPREHENSIVE ENFORCMENT ACTION AGAINST 250 NYC APARTMENT BUILDINGS

Property owners with total of 4,000 apartments in need of significant repair placed in City’s 2018 Alternative Enforcement Program

  Mayor Bill de Blasio today announced that 250 apartment buildings have been placed in the Department of Housing Preservation and Development’s Alternative Enforcement Program, an initiative that shines a spotlight on multi-family buildings whose owners have allowed them to fall into dangerous disrepair. The buildings, listed here, each have enough health and safety code violations to allow for enhanced enforcement by HPD, including roof to cellar inspections, fees, and an AEP Order to Correct underlying conditions and bring the buildings up to code.

This is the 11^th year of the AEP program, and this round’s 250 buildings – home to 3,970 families – have a combined total of 26,301 housing code violations. Since AEP’s inception, 1,647 buildings with 22,033 apartments have been repaired, and more than $74 million in repair costs recovered by HPD.

“This kind of willful negligence puts tenants in danger. It is immoral and illegal and we will use every tool we have to go after property owners and make these buildings safe for New York families,” Mayor Bill de Blasio said.

“HPD is working on all fronts to make sure that landlords live up to their obligations to provide tenants with the safe, quality housing that they rightfully deserve. The Alternative Enforcement Program is a powerful tool to take negligent owners to task and address systemic conditions in buildings,” said Housing Preservation and Development Commissioner Maria Torres-Springer. “I want to thank the hardworking team in HPD’s Office of Enforcement and Neighborhood Services, as well as the many elected officials and community groups who partner with us to protect our city's tenants.”

“All New Yorkers deserve to live in safe housing and to have hazardous violations resolved immediately,” said City Council Speaker Corey Johnson. “The Alternative Enforcement Program, established through legislation passed by the City Council, helps protect our most vulnerable tenants who are living in deplorable conditions because of unscrupulous landlords. I thank the Department of Housing Preservation and Development for their continued diligence in improving housing conditions for our city’s tenants.”

Number of Buildings/Homes per Borough in AEP Round 11:

·    Manhattan:  47 buildings/ 940 homes

·    Bronx:  57 buildings/ 1,169 homes

·    Brooklyn: 127 buildings/ 1,435 homes

·    Queens: 18 buildings/ 370 homes

·    Staten Island: 1 building/ 56 homes

The 250 buildings in Round 11 have a total of 4,859 immediately hazardous (C-class) violations, 21,442 hazardous (B-class), and 7,602 non-hazardous (A-class). Immediately hazardous violations include inadequate fire exits, evidence of rodents, lead-based paint, and the lack of heat, hot water, electricity, or gas. Class B hazardous violations repair conditions, such as leaks or holes in plaster or sheetrock. Non-hazardous, or A-class, include more minor leaks, chipping or peeling paint when no children under the age of six live in the home. 

HPD’s Housing Litigation Division is currently active in 277 housing court cases against the owners of 161 of these buildings seeking to correct all violations. HLD’s caseload includes cases for access warrants to allow HPD and their contractors onto properties to perform repairs. The division also provides support for Tenant Action Cases, initiated by tenants against their landlords.

The Round 11 buildings already owe the City more than $1.5 million to HPD Emergency Repair Program charges. ERP charges accrue when repairs are done by HPD to correct immediately hazardous violations that the owner failed to address in a timely manner.

Legislation establishing the program, the 2007 New York City Safe Housing Law (Local Law No. 29 of 2007), calls for an annual list of different multiple dwellings with high counts of the most serious building code violations based on a broad set of criteria, including paid or unpaid emergency repair charges. Additional financing from Mayor de Blasio and the New York City Council in 2014 allowed for an increase in the number of buildings in the annual round, from 200 to 250 buildings targeted a year. The funding allowed for increased AEP staff and an increase in emergency repairs that can be made by HPD.

To be discharged from the program, a building owner must act affirmatively to demonstrate that conditions at the property are improving. This means correcting all violations associated with heat and hot water, all immediately hazardous violations; 80% of B-class mold violations; 80% of all violations related to vermin; 80% of all remaining B- and C-class violations; and correct all related underlying conditions detailed in the AEP Order to Correct.

The owner must also submit a pest management plan to the NYC Department of Health and Mental Hygiene if there is an infestation, submit a valid property registration statement, and repay all outstanding charges and liens for emergency repair work performed by HPD or enter into a repayment agreement with the NYC Department of Finance.

Buildings/Homes discharged throughout all previous rounds of the AEP (Rounds 1-10):

·    Manhattan: 191 buildings/ 4,116 homes

·    Bronx: 496 buildings/ 9,803 homes

·    Brooklyn: 881 buildings/ 7,537 homes

·    Queens: 72 buildings/ 536 homes

·    Staten Island: 7 buildings/ 41 homes

AEP Selection Criteria (Round 11):

·    Buildings with 15 or more units must have a ratio of 3 or more open “class B” and “class C” violations per dwelling unit issued in the past 5 years, and paid or unpaid ERP charges equal to or more than $2,500 incurred in the past 5 years as of January 30, 2017.

·    Buildings with between 3 and 14 units must have a ratio of 5 or more “class B” and “class C” violations per dwelling unit issued in the past 5 years and paid or unpaid ERP charges equal to or less than $5,000 incurred in the past 5 years as of January 30, 2017.

·    The buildings selected must be ranked so that those with the highest paid or unpaid ERP charges in the last 5 years are selected first.  No more than 25 buildings with less than 6 units can be selected.

·   If there are not enough buildings that meet the above criteria, HPD may select the remainder of the buildings based on the following criteria:

·    Buildings with six or more units that have a ratio of 4 or more open class B or class C violations per dwelling unit issued in the past 5 years. The buildings selected must be ranked so that those with the highest number of open hazardous and immediately hazardous violations issued in the last 5 years are selected first.

Information for Tenants on AEP can be found here:

·    FAQs for Tenants on the Alternative Enforcement Program

Information for Owners on AEP can be found here:

·    FAQs for Building Owners on the Alternative Enforcement Program

BOROUGH PRESIDENT DIAZ HOSTS HIS ANNUAL BLACK HISTORY MONTH CELEBRATION

  This Year Bronx Borough President Ruben Diaz Jr. held his Annual Black History Month Celebration in Coop-City. Ms. Cheryl Wills of NY1 Spectrum cable television emceed the event. The Bartow dancers provided the warm up and mid event entertainment. All of the local elected officials were on hand with the exception of Councilman Andy King who had a staffer fill in for him. 

   Bronx Borough President Ruben Diaz Jr. told the audience that one of the three honorees Mr. Shaun King was not feeling well, and could not attend the event on this rainy day. Former Councilwoman Helen Diane Foster and Ms. Tamika Mallory were the other two honorees. the photos below should tell the rest of the story. 

Above - The Bartow Dancers pose for this photo before starting to dance before the event.

Below - Bronx District Attorney Darcel Clark got into it with Joseph Cooper in what looked like a dance off.

Above - Is Congressman Engel giving Bronx BP Diaz Jr. some pointers in a possible run for mayor in four years?

Below - Ms Wills was stopped as soon as she entered the room as Elayne Gubitose speaks with her.

It seemed a lot of people wanted their picture with Ms. Wills.

Above - Bronx DA Darcel Clark, Below State Senator Jamaal Bailey. 

After Ms. Wills opened the event there was an invocation by Elder Nitisha Moore, and the singing of the American and African American national Anthems by IS 117 Principal Delise Jones.

Below - the Bartow Dancers hit the floor once again,

Above - Bronx BP Diaz Jr. holds the book that Ms. Wills autographed for him as she introduces him.

Below - Bronx Bp Diaz Jr. spoke about what this celebration means to him, while just about saying that the current president was nuts. 

DEPARTMENT OF CONSUMER AFFAIRS AND PARTNERS HOST FIRST EVER 12-HOUR FREE TAX PREPARATION EVENT IN ALL FIVE BOROUGHS

Attendees Who Earned $54,000 Or Less In 2017 Can Have Their Taxes Filed For Free By An IRS Certified VITA/TCE Volunteer Preparer

  Department of Consumer Affairs (DCA) Commissioner Lorelei Salas, in collaboration with the Department of Education’s network of community schools, today announced the first ever NYC Free Tax Prep-a-Thon, a 12-hour tax filing marathon and resource fair, which will be held this Saturday, February 10 at schools in all five boroughs. From 9:00 a.m. to 9:00 p.m., attendees who earned $54,000 or less in 2017 can have their taxes filed for free by an IRS certified VITA/TCE volunteer preparer who will help them claim deductions and tax credits. During the event, New Yorkers can take advantage of free financial counseling with a professional, financial counselor from the NYC Financial Empowerment Centers. Counselors can help filers make a plan to manage their refunds, create a budget, reduce debt and much more.

Free screening for local, state, and federal health and human service benefits will also be available to help individuals find out if they are eligible. This family friendly event will offer fun activities for kids and a resource fair for individuals to learn more about the many City resources available to all New Yorkers. Those looking to learn more about the NYC Free Tax Prep-a-Thon can visit DCA’s event calendar to find a location near them.

“Since 2015 we have helped New Yorkers file more than 425,000 returns for free and claim refund-boosting tax credits that can be pivotal in helping them pay bills, get out of debt, and save for their future,” said DCA Commissioner Lorelei Salas. “During the busiest time of the tax season this twelve hour event will allow us to reach even more families. We are committed to helping all hardworking families and individuals struggling to make ends meet receive every penny of their hard-earned refund. I encourage all New Yorkers to come out to our free tax prep-a-thon to file their taxes and take advantage of free financial counseling, benefits screenings, and other City resources and services.”

Throughout the tax season, NYC Free Tax Prep includes more than 200 Volunteer Income Tax Assistance (VITA)/Tax Counseling for the Elderly (TCE) and AARP Tax-Aide sites citywide, as well as online self-preparation at nyc.gov/taxprep. New Yorkers can call 311 or visit nyc.gov/taxprep and use DCA’s interactive map to search for the most convenient free tax site, and text “Taxes” to 42033 (message and data rates may apply) to find the nearest location and receive tax season updates and reminders. A checklist of what is needed to file is available at nyc.gov/taxprep.

The City’s free tax filing options:

·         For most sites, New Yorkers with an annual income of $54,000 or less with children or $30,000 or less without children, can visit one of more than 200 free tax sites in the five boroughs. At the sites, returns can be prepared in-person by an IRS certified VITA/TCE volunteer preparer or dropped-off to be completed by the preparer. At the convenient drop-off sites, filers can drop off their tax documents and return later to pick up the completed return or receive it by email.

·         New Yorkers earning less than $66,000 can file their taxes online for free atnyc.gov/taxprep. The City partners with Intuit Financial Freedom Foundation and MyFreeTaxes, powered by H&R Block and in partnership with United Way Worldwide, to offer these services.

Senator Klein honored during M.S. 101’s “Who’s Your Hero? Valentine’s Day Dance”

  The students at MS 101 on Lafayette Avenue wanted to do something special for their first Valentine's Day Dance. They decided to do a 'Who's Your Hero' dance dedicated to people they can call hero's  The dance was in memory of Police Officer Edward Byrne, of which  MS 101 is named for. The gym was decorated with red and white balloons, and various heart designs, with a DJ and photo area. 

  State Senator Klein who has given monies to MS 101 through the Project Boost program was received a special award for being the hero to many of the students in the Project Boost programs at MS 101. 

Above - State Senator Jeff Klein standing next to the sign honoring Police Officer Edward Byrne asks the students if they are having a good time, while letting the parents in attendance know the benefits of the Project Boost Program at MS 101.

Below - Senator Klein known for giving out certificates, receives one from Principal Jared Rosoff, and parents of MS 101. 

Senator Klein and Councilman Gjonaj deliver a $1300 funding donation to the P.S. 89 cheerleaders during their “Send them off to Nationals” celebration

Donation helped the team reach their funding goal for this weekend’s tournament

Senator Jeff Klein and Councilman Mark Gjonaj delivered a $1300 donation to the P.S. 89 cheerleading squad during their “Send them off to Nationals” celebration on Wednesday inside the P.S. 89 middle school auditorium. The donation, which will be used to help cover expenses, helped the team reach their $21,500 funding goal for the historic trip to the National High School Cheerleading Championship this weekend in Orlando, Florida.

“The P.S. 89 cheerleaders are an extraordinarily talented group of athletes who’ve made The Bronx proud for being the first public middle school in the borough’s history to compete in National Cheerleading Championship. I’m thrilled to partner with Councilman Gjonaj to help make this trip a reality for them by sponsoring one of their cheerleaders, and I wish them the best of luck at Nationals,” said Senator Klein.  

“The P.S. 89 cheerleaders are the epitome of the Bronx’s famous “can do” spirit. I salute the entire team for their determination, focus and drive. I’m proud to stand with Senator Jeff Klein and all other Bronxites as we wish these inspirational athletes the best of luck at this year’s National Cheerleading Championship,” said Councilman Mark Gjonaj.

“I am so grateful for the tremendous support from our community,” said P.S. 89 Cheerleading Coach, Angelica Reyes. “It is such an honor to have Senator Klein and Mark Gjonaj come out to support the team. I cannot thank them enough!”

The elected officials also presented certificates honoring the team, who represent the first public

middle school in The Bronx to qualify for the tournament.

Brooklyn Man Charged With Demanding And Receiving Kickbacks On Federally Funded Construction Contract

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Peter Nozka, the Acting Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Labor, Office of Inspector General (“DOL-OIG”), announced today that ERRON STRACHAN, a former foreman on a federally funded residential housing construction project in Harlem, was arrested this morning and charged in Manhattan federal court with soliciting and receiving kickbacks from workers on the project.  STRACHAN was arrested this morning and will be presented this afternoon in Manhattan federal court.    

U.S. Attorney Geoffrey S. Berman said:  “As alleged, a foreman on a federally funded construction project abused his position by demanding kickbacks from workers who were legally entitled to a prevailing wage.  Allegedly, when workers spoke up, he fired them.  Together with our partners at the Department of Labor, Office of Inspector General, we will pursue those who deliberately and criminally take advantage of hard-working New Yorkers.”

DOL-OIG Acting Special Agent-in-Charge Peter Nozka said:  “An important mission of the Office of Inspector General is to investigate allegations regarding employees being forced to kickback portions of their wages. We will continue to work with our law enforcement partners to investigate these types of allegations.

According to the allegations contained in the Complaint[1] unsealed today in Manhattan federal court and publicly available documents:

From at least November 2014 to December 2015, ERRON STRACHAN was a foreman for a construction company (“Contractor-1”) that provided construction services at the Randolph Houses, a public housing project located in the Harlem neighborhood of Manhattan (the “Construction Project”).  STRACHAN’s responsibilities on the Construction Project included supervising the workers on site, hiring and firing employees, and disbursing checks to workers.  Because the Construction Project received funding from the U.S. Department of Housing and Urban Development, pursuant to the Davis-Bacon and Related Acts, Contractor-1 was required to pay its laborers a prevailing wage.   

STRACHAN demanded and received kickbacks from numerous employees of Contractor-1 who worked on the Construction Project, thus denying these employees the prevailing wage to which they were entitled.  STRACHAN would instruct employees to negotiate their paychecks and then return with cash, sometimes up to almost a third of an employee’s weekly paycheck, for himself.  STRACHAN brazenly attempted to justify the kickback requests to employees by suggesting that the prevailing wage salary was “too much” money and falsely stating that he provided the kickbacks to Contractor-1 in order to offset the financial burden on Contractor-1 of having to pay prevailing wages on the Construction Project.  When workers refused to pay kickbacks, STRACHAN reduced their work schedules and fired them.

STRACHAN, 53, of Brooklyn, New York, is charged with one count of violating the Copeland Anti-Kickback Act, which carries a maximum penalty 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 a judge.

Mr. Berman praised the investigative work of the DOL-OIG and the Special Agents of the United States Attorney’s Office for the Southern District of New York. 

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 below constitutes only allegations, and every fact described should be treated as an allegation.

NEW YORK CITY CORRECTION OFFICERS CHARGED WITH SMUGGLING NARCOTICS INTO CITY PRISON FACILITIES

  A six-count indictment was unsealed today in federal court in Brooklyn charging seven defendants with conspiring to bribe correction officers employed by the New York City Department of Corrections (“DOC”) as part of a narcotics smuggling conspiracy. The defendants’ arraignment is scheduled for this afternoon before United States Magistrate Judge James Orenstein. 

 As alleged in the indictment, the defendants conspired to smuggle marijuana and other contraband into DOC prison facilities with the assistance of New York City Department of Correction Officers Christian Mizell and Carl Noel. Defendants Warren Green and Patrick Johnson, both incarcerated on unrelated felony offenses, arranged for marijuana and other contraband to be packaged and delivered covertly to the correction officers by defendants Robert Martino, Malik Holloway and Asha Patterson. The Correction Officers received thousands of dollars in bribes to smuggle the contraband past DOC security for eventual distribution inside the prison.

 Richard P. Donoghue, United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Mark G. Peters, Commissioner, New York City Department of Investigation (DOI), James P. O’Neill, Commissioner, New York City Police Department (NYPD), and George P. Beach, Superintendent, New York State Police, announced the charges.

 “The honesty and integrity of correction officers is critical to the orderly running of a prison,” stated United States Attorney Donoghue. “When the defendant correction officers betrayed the trust placed in them by the City of New York, they not only committed serious crimes but also potentially jeopardized the safety of staff and inmates. This Office and our law enforcement partners are committed to identifying and prosecuting corrupt correction officers who accept bribes to smuggle contraband into prison facilities.”

 “Drug traffickers are notorious for their smuggling methods, but this case demonstrated the defendants’ ability to bypass security altogether,” stated DEA Special Agentin-Charge Hunt. “With two correction officers as members of the organization, the defendants allegedly pushed contraband into prison for resale to inmates. Today’s arrests are a result of law enforcement partnerships and hard work.”

 “This investigation demonstrates again a pattern of misconduct in our City’s jails: outside civilians working with Correction Officers and DOC employees to smuggle narcotics and other contraband to inmates on the inside,” stated DOI Commissioner Peters. “DOI and its partners, including the U.S. Attorney for the Eastern District, have been cracking down on these illegal operations to stem the flow of contraband, while also working towards critical reforms in DOC’s front-gate screening protocols to shore up security at these facilities.”

 “Due to the hard work and cooperation between law enforcement partners at all levels, this smuggling conspiracy was uncovered and shut down,” stated NYSP Superintendent Beach. “This sends a strong message that we will not tolerate such crimes, especially when they are perpetuated by individuals in a place of authority who have been entrusted with upholding the law. Such criminals will be prosecuted to the fullest.”

 The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face a maximum sentence of five years imprisonment.

The Defendants: 

CHRISTIAN MIZELL Age: 48 Queens, New York 

CARL NOEL            Age: 32 New York, New York

WARREN GREEN     Age: 40 Pine City, New York 

PATRICK JOHNSON Age: 27 Bronx, New York 

ROBERT MARTINO  Age: 37 Queens, New York 

DOI REPORT FINDS SERIOUS SECURITY LAPSES AT TWO CORRECTION DEPARTMENT FACILITIES ALLOWING WEAPONS AND DRUGS INTO THE FACILITIES

DOI found same failures in 2014 and recommended DOC make changes, which the agency never adopted

  Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), released a Report today on security lapses at the entrances of two City Department of Correction (“DOC”) detention facilities – one in Manhattan and the second in Brooklyn – exposing serious vulnerabilities in DOC’s security operations. The Report, based on recent undercover operations, documents the continued existence of security failures that were first uncovered during a similar DOI investigation in 2014 but were never addressed by DOC. In fact, some of the recommendations in today’s Report were ones made to DOC in 2014, and if properly implemented would have prevented DOI’s undercover investigator from entering the facilities with contraband. As a result of this new Report, DOC has now agreed to adopt DOI’s recommendations to strengthen its screening protocols and establish a dedicated, independent unit of specially trained officers to provide screening at DOC’s front gates. Importantly, DOI’s investigation revealed that certain security issues are as prevalent at the City’s localized borough facilities as at Rikers, demonstrating that a number of previously documented concerns at Rikers are equally problematic at smaller, community-based jails.

  In September 2017, a DOI undercover investigator posed as a Correction Officer and successfully smuggled in two scalpel blades, with handles and blade covers; 26.8 grams of marijuana; and five strips of suboxone, a prescription opiate substitute similar to methadone, into the Manhattan Detention Center (“MDC”) and Brooklyn Detention Center (“BKDC”). The undercover investigator passed all screening checkpoints at both facilities without being manually searched, even when magnetometers confirmed a metallic presence. At MDC, the correction officer stationed at the front desk did not acknowledge the alert on the magnetometer, did not ask the investigator to pass through again, and did not stop or search the investigator, either manually or with a transfrisker wand, before allowing him through security. DOI’s undercover investigator also smuggled contraband into the detention center from the New York County Criminal Court entrance, though again, he triggered the magnetometer. Later that same day, the undercover investigator also entered BKDC’s front gate without being stopped or searched, despite triggering the magnetometer once again, this time with his belt and shield still on and his keys in hand. Only one correction officer inquired as to whether the undercover investigator was carrying contraband, but accepted the investigator’s answer without conducting a physical search.

  Today’s Report highlights DOI’s monitoring of the City’s jails since 2014, which has led to more than twodozen arrests of DOC employees on contraband smuggling charges. This Report is a follow-up investigation to DOI’s November 2014 Report that exposed security breakdowns at the entrances of Rikers Island jail facilities and enabled an undercover DOI investigator to smuggle in dangerous contraband, including narcotics and weapons, into six out of the six jails entered. DOI also found through its investigation that DOC had not fully implemented DOI’s essential recommendations made in 2014 to address these problems. As a result, DOI has re-issued these recommendations along with several additional recommendations, including the creation of a dedicated, independent unit to handle DOC’s front-gate entrance screening. 

 The recommendations being re-issued from DOI’s 2014 investigation are the following: placing drugdetecting dogs at the staff entrance gates to screen correction officers entering facilities for drugs, especially during tour changes; eliminating unnecessary pockets on the correction officers’ uniforms, including those on cargo pants; and locating DOC staff members’ personal lockers outside the front-gate entrances.

 DOI has also issued two new recommendations based on this investigation, including: 

 DOC should create a dedicated, independent unit specially trained in the security and screening for correctional institutions and with in-depth knowledge of the policies, procedures, and operations of DOC’s front-gate entrances. The current practices of using correction officers with jail assignments means these DOC staff members are asked to oversee the same correction officers they must depend on to protect them inside the jail housing areas. A specialized unit, dedicated to security, will eliminate this conflict. DOC informed DOI that it has undertaken efforts to train staff in front-gate security. 

 The court-side entrance of MDC must be fully equipped with adequate personnel, surveillance cameras and x-ray machines, in addition to magnetom.

DOC has informed DOI that it will accept these recommendations. DOI will continue to monitor the implementation of these recommendations and issues of contraband screening at DOC facilities.