News From Congressman Adriano Espaillat (NY-13)

A Federal Judge in New York Has Ordered the Trump Administration to Remove the Proposed 2020 Census Citizenship Question

  Representative Adriano Espaillat (NY-13) released the following statement in response to the decision from U.S. District Judge Jesse Furman of the U.S. District Court for the Southern District of New York to block the citizenship question proposed by the Trump administration for the 2020 Census. 

“The Constitutionally-mandated Decennial Census is one of the most consequential responsibilities of our federal government, and I commend U.S. District Judge Jesse Furman on today’s order to block the harmful 2020 Census citizenship question proposed by the Trump administration,” said Rep. Adriano Espaillat (NY-13). “Today’s decision is a step in the right direction so that the Census remains the backbone of a fair and fully representative government by ensuring that our voices, all voices are counted, and will continue to help determine how funding and resources are allocated to Congressional districts around the nation.

“In his decision, Judge Furman highlights what we in Congress have known about the citizenship question all along:

[The evidence] shows that Secretary Ross had decided to add the question for reasons entirely unrelated to VRA [the Voting Rights Act] enforcement well before he persuaded DOJ [Department of Justice] to make its request. And it certainly shows that he was either ‘unwilling or unable to rationally consider’ arguments against the question […] when he was allegedly engaged in the ‘comprehensive review’ that led to his final decision.

“I, along with many of my colleagues in Congress, had submitted letters of public comment to the Department of Commerce explaining our many concerns regarding the rationale for and detrimental effect of the proposed citizenship question in the 2020 Census, including the decline in accuracy and response that would harm the representation and funding apportionment of New York and the entire country.

“It is clear that Secretary Ross never had any intent of heeding the advice of Congress or the American people, let alone his own Census Bureau staff who counseled him against the question. Today’s decision is a significant milestone in our collective efforts to ensure equality, inclusion, and opportunity for all.”

Rep. Espaillat has remained a vocal critic of the proposed citizenship question and outlined his concerns in a letter to the House Oversight Committee to urge that the inclusion of the citizenship question on the 2020 Census be rejected.

During the 115^th Congress, Rep. Espaillat joined members of Congress as part of an amicus brief to urge the Census Bureau to reject the proposed question and respect its constitutional duty to count all persons living in the United States, citizen and noncitizen alike.

REP. ADRIANO ESPAILLAT VOTES TO CONDEMN RACISM AND CALLS FOR REP. STEVE KING TO RESIGN FROM CONGRESS

Representative Adriano Espaillat (NY-13) released the following statement calling for Rep. Steve King of Iowa to resign and step down from Congress following racists comments and white nationalist statements.

“Rep. Steve King has a long and consistent track record of racist, anti-Semitic, homophobic, and white nationalist statements and a well-documented history of insults toward immigrants, African Americans, Latinos, women, and the LGBTQ community,” said Rep. Adriano Espaillat (NY-13). “His comments are a slap in the face to our work in Congress championing equality and inclusion for all Americans, and it’s long past time for him to face real consequences as white nationalism, hate, and bigotry have no place in our society.

“There’s a saying in Spanish, Dime con quién andas y te diré quién eres – Tell me with whom you walk and I will tell you who you are. You cannot defend the indefensible and Rep. King has shown his true nature and it’s time for him to go. I'm calling on Rep. King to officially resign and step down from Congress, and I was proud to vote in support of the resolution, H.Res.41, condemning white nationalism and white supremacy.” 

Attorney General James, NYC Corp. Counsel Announce $35 Million Settlement With Fedex Over Shipping Of Illegal Cigarettes

  Attorney General Letitia James and City Corporation Counsel Zachary W. Carter announced a $35.3 million settlement today with FedEx Ground Package System, Inc. (“FedEx”) to resolve claims over illegal cigarette deliveries to residents throughout New York City and State made by FedEx over a ten-year period. This settlement resolves three lawsuits against FedEx alleging that it partnered with cigarette trafficking businesses to illegally ship hundreds of thousands of untaxed cigarettes to New Yorkers. In addition to the payment, FedEx will implement internal reforms and hire an independent consultant that will oversee FedEx’s compliance with the law and provide compliance reports to the City and State.

The settlement follows the October 2018 ruling by federal district judge for the Southern District of New York, Edgardo Ramos, finding that FedEx’s conduct over many years for customers with such names as “Cigarettes Direct To You” established without the need for a trial that FedEx had knowingly violated a federal anti-cigarette trafficking statute and a 2006 Assurance of Compliance with the New York Attorney General’s Office in which, to avoid prosecution, FedEx expressly agreed to cease residential cigarette deliveries and comply with a New York law prohibiting those deliveries.

“For years, FedEx knowingly engaged in illegal and harmful behavior at the expense of New Yorkers’ health,” said Attorney General Letitia James. “Not only did FedEx violate laws created to protect the public from the serious health risks associated with cigarettes, but they also swindled New York City and State out of millions of dollars in tax revenue. Let this serve as a message that we will never allow companies - however large or small - to cheat or harm New Yorkers.”

“This settlement forces FedEx into compliance with State and City laws enacted to discourage smoking through the imposition of cigarette taxes. For the worst of reasons – profit – FedEx shipped millions of untaxed cigarettes to residents throughout the State, cheating the City out of millions of dollars in tax revenue and with apparent indifference to the impact on public health,” said Zachary W. Carter, City Corporation Counsel. “The illegal deliveries cheated the City out of millions of dollars in tax revenue in addition to violating public health laws intended to deter access to cigarettes by young people.”

The evidence is clear that cigarette taxes are the most effective means of deterring smoking. As New York has increased the tax rate on cigarettes, the number of smokers in New York has sharply declined. According to the World Health Organization, maintaining high taxes on cigarettes is the most effective anti-smoking policy intervention, particularly among youth.  By enabling cigarette traffickers to sell and ship untaxed cigarettes to New Yorkers, FedEx caused damages to New York State and City in lost tax revenue. In addition to the monetary tax loss, FedEx’s conduct frustrated the public health purpose underlying such taxes – to reduce cigarette smoking.  Under this settlement, New York State and New York City recovered substantially more than the amount of the tax loss. This additional amount represents, in large part, a penalty based on the fact, among others, that FedEx was previously investigated for this same conduct, the conduct was longstanding and pervasive throughout the company, and the conduct had the potential to negatively impact public health.

Under the terms of the settlement, FedEx agreed to implement reforms to ensure compliance with various laws.  FedEx agreed to:

• Cease domestic shipments of tobacco products, including cigarettes (with limited exceptions set forth in the Settlement Agreement);
• Implement company-wide communications and annual training concerning tobacco shipments, including mandatory notices by employees to company officials if tobacco shipments are discovered;
• Take disciplinary action against any employee or contractor who knowingly facilitates tobacco shipments; and
• Retain an independent consultant recommended by the City and State to both advise and monitor the company’s compliance with the settlement agreement and with federal, state, and local laws and regulations governing the shipment of tobacco. The consultant will immediately report violations to the City and State and provide quarterly reports.

The terms of the settlement agreement will be extended by one year for each year in which there is a material breach of the agreement upon a court, or special master determination. 

The Attorney General’s Office thanks the New York State Department of Taxation and Finance for their invaluable assistance on this case.

SAGE - Ready for a banner 2019?

“This is home. This is community.” SAGE will soon make history—and fulfill a decades-long dream—when it opens the first-ever LGBT-welcoming housing developments in New York City, the birthplace of the LGBT movement. In 2019, as we celebrate the 50th anniversary of the Stonewall uprising, we could not be prouder to honor the Stonewall generation by providing them the housing they deserve and ensuring they have the opportunity to age with dignity and respect. We’re excited to share that the Ingersoll Senior Residences will open in the summer of 2019 in Fort Greene, Brooklyn, and the Crotona Senior Residences in the Bronx will open in late 2019. Individuals and couples who are at least 62 years old and income-qualified for affordable housing in New York City can apply. The application process for Ingersoll Senior Residences is expected to begin in March. Sign up for more information or read our frequently asked questions.

Sparking new dialogue on LGBT aging issues  SAGE staff will join thousands of LGBT activists in Detroit, Michigan, from January 23 to 27 to participate in Creating Change, the biggest LGBT activist gathering in the country. The annual conference brings together leaders in the LGBT movement who are working to create a world in which our community is protected, welcomed, and celebrated. SAGE will present a series of workshops and trainings and, in collaboration with the National LGBTQ Task Force, will honor revered Detroit LGBT community organizer and leader Cornelius Wilson Jr. with the Creating Change SAGE Advocacy Award for Excellence in Leadership on Aging Issues.

Hot off the press: SAGE’s 2018 fall magazine If you haven’t done so yet, check out our most recent SAGEMatters magazine. Our newest issue digs into what it means to be “Building a Movement,” including lifting up everyday leaders who helped shape SAGE and our shared LGBT history. Read our most popular stories, including "LGBT Elders Now Have a Place to Call Home," "My Religion Stops Where Your Civil Rights Begin," and "The Ongoing Threat of Religious-Based LGBT Discrimination"—or download the entire issue.

Toys Party draws thousands We had a blast at the 33rd annual Toys Party! This year’s event on Sunday, December 9, raised more than $280,000 to benefit SAGE and collected more than 5,000 toys for children in need. The crowd heard inspiring speeches from CNN’s Don Lemon and former New York City Mayor Michael Bloomberg. The two were joined by special guests including New York City Council Speaker Corey Johnson and actors Lorraine Bracco, Mariska Hargitay, and Frankie Grande. Thank you to hosts Robby Browne, Chris Kann, and David Tufts for their extraordinary efforts to bring our LGBT community together for a great cause. Check out our Flickr page to view, download, and share photos!

Do you have a Stonewall story? As we embark on honoring the 50th anniversary of the Stonewall Uprising, we’re looking for individuals to participate in a variety of projects in 2019. Did you, or someone you know, participate in the NYC Stonewall Uprising in 1969? Do you have a connection to the Stonewall Uprising, and/or a story to share? Do you remember the impact of the Stonewall Uprising on the LGBT community? Do you simply want to share what Stonewall, either as the marker of the beginning of the modern LGBT movement or as a place, means to you? If so, we want to hear from you. Email us at stonewallstories@sageusa.org.

Metrosource names SAGE to its “People We Love 2018” list SAGE was honored and proud to be named one of Metrosource’s 2018 “People We Love.” The piece shines a spotlight on SAGE’s work, keeping LGBT elder issues in the national conversation and helping to ensure a fulfilling future for all LGBT people.

Mark Your Calendars!

SAGE & Friends in the Desert January 20, 2019 | Palm Springs, CA Please join SAGE and supporters as we honor the LGBT Community Center of the Desert for their tireless commitment to advancing LGBT rights. Buy tickets »   SAGE & Friends Miami February 9, 2019 | The Betsy Hotel, Miami Beach, FL Join us for drinks and hors d’oeuvres in Miami to celebrate our community’s trailblazers and honor local leaders Raquel Matas and Carla Lupi. Buy tickets »   SAVE THE DATE: SAGE Day of Advocacy March 13, 2019 | Washington, D.C. SAGE and LGBT elders from across the country will gather in D.C. for SAGE’s first-ever National Day of Advocacy on March 13, 2019. Find out more »

Engel, Brooks, DeGette, Herrera Beutler Introduce Poison Control Bill

  Congress Members Eliot Engel (D-NY), Susan Brooks (R-IN), Diana DeGette (D-CO), and Jaime Herrera Beutler (R-WA) have introduced H.R. 501, the Poison Center Network Enhancement Act of 2019, to assist with potential poison exposures and help combat the national opioid epidemic.

Poison control centers are vital to preventing toxic exposure and poisoning injury and deaths, including opioid and other drug overdoses. This bill reauthorizes funding for the Poison Center Network, including their national toll-free number (800) 222-1222. It also clarifies that poison control centers can be called upon to assist with public health emergencies, responses, and preparedness; and requests that enhanced communications capabilities like texting be established.

“The Poison Control network is a valuable tool to help keep families safe and to combat the nationwide opioid crisis. In Westchester County, 124 people died due to opioids in 2016. In the Bronx, more New Yorkers died of overdoses than in any other borough. This bill shows an ongoing bipartisan commitment to continuing support for the nation’s poison control centers that millions of Americans rely on every year. I am proud that we were able to introduce it so early in the 116^th Congress,” said Rep. Engel.  

“On behalf of the 1,852 Hoosiers who died of an opioid overdose in 2017, I am proud to join my colleagues to introduce this bill because poison control centers are essential to combatting the deadly opioid crisis. These centers across the country are fielding almost 192 cases a day of opioid abuse and misuse and compile data that can be used to discover hotspots for opioid abuse and misuse. It is important we reauthorize the national network of poison control centers because they save lives by offering free, confidential, and expert medical advice 24 hours a day, seven days a week,” said Rep. Brooks.

 “Our poison control centers play a vital role in the fight to combat the nation’s growing opioid epidemic. Not only do these centers help us identify communities at a heightened risk of opioid abuse, they also provide training and education programs on safe opioid prescribing practices. If we, as a country, are going to be serious about protecting the public from the dangers of opioid misuse, funding these centers is a must,”said Rep. DeGette.  

“We are facing a crisis level of opioid overdoses in our country and Congress has to continue combatting this devastating epidemic. One important tool we have is the network of Poison Control Centers, which are on the front lines of preventing drug overdoses in our communities. I am proud to join my colleagues in this bipartisan effort to ensure the Poison Control Network is equipped to educate, raise awareness, and continue their work to save lives in Southwest Washington and communities across our country,” said Rep. Herrera Beutler.

DE BLASIO ADMINISTRATION SUES FIRM FOR RUNNING $20 MILLION ILLEGAL SHORT-TERM RENTAL OPERATION

The Mayor’s Office of Special Enforcement estimates as many as one-third of short-term rentals in New York City are part of a highly developed commercial operation

  The Mayor's Office of Special Enforcement is bringing a lawsuit against Manhattan real estate brokerage firm, Metropolitan Property Group (MPG), five current and former MPG employees, and 18 corporate entities affiliated with these employees for turning at least 130 apartments across 35 residential buildings, including one entire building in East Harlem, into illegal short-term rentals primarily through Airbnb.

“Illegal hotels take precious housing away from New Yorkers and destabilize our communities. My administration is cracking down on corporate operators to ensure residents and visitors are safe and are treated fairly,” said Mayor de Blasio.

“Over and over again, well-meaning visitors are being misled by sophisticated businesspeople into booking illegal rentals. Only with better data and cooperation from the booking websites can we efficiently identify and shut down these operations. Our top priority is preserving housing and a sense of community in New York neighborhoods, and we want guests to feel safe when they visit our city,” says Christian Klossner, Executive Director of the Mayor’s Office of Special Enforcement.

MPG and their employees advertised short-term rentals on Airbnb through approximately 250 listings via approximately 101 host accounts using various fake identities. Nearly 70 percent of locations advertised omitted the house number for the rental location. The platforms’ data shows the same contact information was often used to set up the distinct host accounts. 

Users who advertise housing for rent on booking platforms were allowed to use fake identities, create multiple host accounts, and omit location information, obstructing enforcement as well as consumers’ ability to receive complete information and track reviews. In response to community complaints, OSE conducted inspections and issued violations in five buildings named in the lawsuit. OSE then utilized data obtained from the platforms via administrative subpoena to connect illegal activity to the ring of real estate professionals.

OSE was also able to determine the 18 entities affiliated with MPG and its employees received at least $20.7 million in short-term rental revenue through Airbnb alone from 2015 to 2018. MPG employees conducted 13,691 short-term rental transactions, involving over 75,000 guests who were not notified of the illegality of the rentals nor the lack of safety measures. Revenue from almost 3,000 short-term rental transactions were made payable to MPG’s headquarters.

OSE identified at least 138 listings on Airbnb advertising short-term rentals within the five Subject Buildings, located at 200 East 116th Street in East Harlem, which has entirely been converted to short-term rentals, 123 East 54th Street in Midtown East, 207-215 East 27th Street, 230 East 30th Street and 2118 3rd Avenue in Kips Bay. OSE estimates MPG has advertised and maintained short-term rentals in 30 other buildings in Manhattan since 2014.

Based on data the booking platforms make publicly available, there are approximately 60,000 listings on the top five platforms for vacation rentals. OSE estimates 33 percent of listings are commercial listings.

The complaint filed in court today can be found here.

“These egregious violations are prime examples of just how serious the illegal hotel problem is in our city. I commend OSE for their stellar work and look forward to further strengthening our enforcement tools so that we may meet this challenge head on. This Council will continue to combat the illegal hotel problem to increase public safety and protect our affordable housing stock,” said City Council Speaker Corey Johnson.

MAYOR DE BLASIO EXPANDS NYC FERRY SYSTEM, CONNECTING ALL FIVE BOROUGHS

Revised ridership projections anticipate serving 11M annual riders by 2023

Following his State of the City address last week, Mayor de Blasio today released additional details about the expansion of the NYC Ferry system, which will begin serving all five boroughs in 2020. The expansion includes the addition of two new routes that will run from Staten Island and Coney Island, plus the modification of two existing routes to include new stops in the Bronx and Brooklyn. A new ferry stop in the Throggs Neck/Ferry Point Park section of the Bronx will join the Soundview route, and a stop at the Brooklyn Navy Yard will be added to the Astoria Route.

“It’s official. The NYC Ferry will now serve all five boroughs!” said Mayor de Blasio. “We’re delivering new routes to Staten Island, Coney Island, and new stops in the Bronx and Brooklyn. As New Yorkers take to the water to get around our city more than ever before, we will look forward to improving the NYC Ferry system to make it better than ever.”

“In less than two years, NYC Ferry has become one of the most reliable, affordable, and beloved transit systems in the city,” said James Patchett, New York City Economic Development President and CEO. “Expansion of the system means getting even more New Yorkers where they need to go, increasing access to good-paying jobs, schools, and other neighborhoods, all for the price of a subway ride. We are proud to have delivered an invaluable asset to the city that makes all five boroughs fairer and stronger.”

The expansion will increase service for many waterfront communities where neighborhoods are growing, and job centers are burgeoning. The NYC Ferry expansion includes:

· Launch of the St. George Route in 2020: The new route will run from St. George to Battery Park City/Vesey St., ending at Midtown West (W. 39th St. /Pier 79). Anticipated total run time is ~35 minutes.

· Launch of the Coney Island Route in 2021: The Coney Island route will launch in 2021, with a stop in Bay Ridge, before ending at Wall St. /Pier 11, an anticipated total run time of ~35 minutes from start to finish. The route is estimated to serve approximately four thousand NYCHA residents that live within a half-mile radius of the landing.

· Extension of the Soundview Route in 2021: A new landing in Throggs Neck/Ferry Point Park will be added to the Soundview route. Launched in August 2018, the Soundview route connects residents and workers in the East Bronx with stops on Manhattan’s Upper East Side (E. 90th St.), Midtown East/E. 34th St. and Wall St./Pier 11. Riders boarding at the new Throggs Neck/Ferry Point Park ferry stop are able to transfer for free to the East River, Rockaway, Astoria, and South Brooklyn routes at East 34th St. and Wall St. /Pier 11. The extended route will take approximately ~51 minutes from start to finish.

· Modification of the South Brooklyn Route in 2021: The South Brooklyn Route will be reconfigured to start from Sunset Park/Brooklyn Army Terminal (BAT) instead of Bay Ridge, which will be added to the new Coney Island Route and will no longer stop at DUMBO/BBP1. Alternatively, DUMBO/BBP1 will only be accessible via the East River Route. Starting in 2021, the new estimated run time will be ~34 minutes from start to finish. In addition to current route reconfiguration, future modifications may occur to expand service to emerging job clusters.

· Modification of the Astoria Route in 2019 to include the Brooklyn Navy Yard: This May, a stop will be added at the Brooklyn Navy Yard on the Astoria Route. The Navy Yard, which currently serves as NYC Ferry’s homeport, is undergoing a historic expansion of the campus and is expected to more than double its workforce by 2020. The Navy Yard ferry stop also offers a new commuting option for the many surrounding neighborhoods along the stretch of waterfront, including over 14,000 NYCHA residents. Starting this May, the Astoria Route will take ~45 minutes from start to finish.

Following the launch of the Lower East Side route in August 2018, New York City Economic Development Corporation (NYCEDC) commenced the 2018 Feasibility Study to determine whether the system could expand to serve more waterfront communities throughout the five boroughs. The study included feedback from New Yorkers, elected officials, and community boards. The feasibility study results are available here.

In 2015, Mayor Bill de Blasio announced his vision for a six-route citywide ferry service that would expand transportation access across the city affordably and reliably. In the summers of 2017 and 2018, NYCEDC launched the East River, Rockaway, South Brooklyn, Astoria, Lower East Side and Soundview routes. With 21 landings across New York City, NYC Ferry has served nearly eight million riders to date. With the addition of the St. George and Coney Island routes, and the Throgs Neck/Ferry Point Park and BK Navy Yard’s landings, revised annual ridership forecasts project the system will reach 11 million annual riders by 2023.

In May of 2018, the de Blasio administration announced it was preparing to invest $300 million in capital for the service over the next five years.  The long-term capital plan announced in May 2018 will invest in infrastructure improvements and upgrades to existing infrastructure, larger capacity vessels, a second homeport facility, and improvements to the City’s two main ferry terminals, Wall St./Pier 11 and E. 34th St. The City will invest an additional $100 million in capital to add fleet capacity, build new landings, and invest in existing landings to support the system’s expansion.

“Our City’s ferries have proven to be a great alternate mode of transportation and a useful utilization of our waterfronts,” said City Council Speaker Corey Johnson. “I'm thrilled that ferry service is being expanded across the City, and that residents on the West Side will now have a direct link to Lower Manhattan and Staten Island. I want to thank EDC and the administration for their commitment to expanding ferry service in the city.”