Attorney General James Fights For NYC's Public Housing Tenants

AG James Files Amicus Brief Supporting Lawsuit Against NYCHA for Failing to Maintain Habitability Standards

 New York Attorney General Letitia James today stood up for New York City’s public housing tenants by filing an amicus brief in support of a lawsuit against the New York City Housing Authority (NYCHA) for failing to meet the minimum standards of habitability for hundreds of thousands of its residents. A tenants’ class action lawsuit filed in 2018 alleged that — during the winter of 2017-2018 — hundreds of thousands of NYCHA tenants suffered significant heat and hot water outages, sometimes lasting more than a week.

“As New Yorkers suffered through the cold winter, NYCHA sat by as hundreds of thousands of New Yorkers went without heat or hot water,” said Attorney General James. “The unfortunate truth is that no one should be shocked that the New York City Housing Authority sits atop the city’s worst landlord list with nearly 175,000 complaints, but we should all be appalled. Safe, habitable housing should be a right for every New Yorker, which is why I will continue to fight to ensure NYCHA and every landlord in New York lives up to that standard.”

The tenants’ lawsuit claims that NYCHA breached the warranty of habitability in RPL § 235-b(1) and seeks damages and injunctive relief regarding heat and hot water services. The amicus brief supports the tenants’ argument that there is no federal preemption of their state-law claims and that the tenants are therefore entitled to pursue relief under New York law.

NYCHA had claimed federal preemption in this case based on a separate settlement agreement it reached in a lawsuit filed by the federal government for overlapping allegations related not only to heating, but also to mold and other physical deficiencies. The U.S. Department of Housing and Urban Development (HUD) has regulatory jurisdiction over NYCHA under the Housing Act of 1937 because NYCHA receives federal funding. HUD and NYCHA entered into a settlement agreement under which NYCHA agreed to make a set of reforms under the supervision of a federal monitor.

Earlier this year, the New York County State Supreme Court concluded that NYCHA’s agreement with HUD preempted the tenants’ state-law claims because the agreement covered similar conduct as the tenants’ lawsuit. The tenants appealed that decision to the Appellate Division, First Department.

In the brief supporting the tenants’ appeal, Attorney General James argues that NYCHA’s agreement expressly preserves the tenants’ state-law remedies, as well as NYCHA’s obligations under state law. She goes on to contend that federal habitability standards for public housing supplement, rather than displace, state and local habitability standards, as confirmed by federal statutory provisions and HUD regulations. Finally, Attorney General James asserts that there is no actual conflict between this litigation and the HUD-appointed monitor’s plan for improving NYCHA’s heating services, as both are still in the early stages and no irreconcilable conflict has yet materialized.

NYCHA has jurisdiction over more than 175,000 housing units with approximately 400,000 tenants.

This amicus brief was handled by Assistant Solicitor General Blair Greenwood, Deputy Solicitor General Steven C. Wu, and Solicitor General Barbara D. Underwood — all of the Division of Appeals and Opinions. The Housing Protection Unit is run by Bureau Chief Brent Meltzer and is overseen by Chief Deputy Attorney General for Social Justice Meghan Faux and First Deputy Attorney General Jennifer Levy.

New Law Protects Tenants From Landlord Harassment

AG James’ Program Bill Signed Into Law by Governor Cuomo

A.6188/S.2605 Protects Tenants from Common Forms of Harassment that Were Previously Not Covered by Law

 Today, Attorney General Letitia James’ program bill that expands protections for tenants was signed into law by Governor Andrew Cuomo. The law (A.6188/S.2605) will protect rent-regulated tenants from landlord harassment by preventing landlords from creating unsafe, disruptive, or uninhabitable conditions in order to force tenants out of their homes. Previously, the law only provided protections to tenants who could demonstrate physical injury and failed to take into account the conditions caused by the landlord.

“For far too long, unscrupulous landlords have gotten away with subjecting rent-regulated tenants to dangerous and inhumane conditions in an attempt to force them out of their homes,” Attorney General James said. “Today that changes. Tenants will no longer have to meet an unreasonably high bar to demonstrate that they are being harassed. Instead, we will ensure that landlords will face justice when they intentionally subject their tenants to unsafe, disruptive, or uninhabitable conditions, such as exposing them to hazardous materials, shutting off heat and hot water, or using construction to make buildings deliberately uninhabitable. I thank the bill’s sponsors, Senator Krueger and Assemblymember Lentol, legislative leaders, and Governor Cuomo for ensuring that our most vulnerable tenants will be protected.”

“Safe and affordable housing is a fundamental right, and we are proud to have enacted the most aggressive tenant protections in New York State history,” Governor Cuomo added. “I thank Attorney General James for her advocacy on this measure, which holds bad actors accountable and further strengthens existing tenant protections. With this signature, we're taking one step closer towards a safer, fairer, and more affordable New York for all.”

The new law will protect rent-regulated tenants when a landlord attempts to force them out by making their accommodations uninhabitable or purposefully creating or maintaining a condition that risks the safety, health, and comfort of the tenant. The law increases punishment when a landlord seeks to force out two or more rent-regulated tenants by creating these unsafe, disruptive, or uninhabitable conditions. A landlord engaging in this conduct against one tenant will be guilty of a Class A misdemeanor for harassing a rent-regulated tenant; where the conduct impacts two or more tenants, a landlord will be guilty of a Class E felony; and a landlord guilty of multiple convictions for misdemeanor conduct under these new provisions within five years will be guilty of a Class E felony.

A program bill is legislation introduced by a legislator on behalf of the Governor, the Attorney General, the Comptroller, or by state departments and agencies.

"Our building has been organizing against our landlord, Seth Miller, for over three years. Despite him losing managerial control of the building for over 18 months due to dangerous living conditions, including leaving tenants without bathrooms for months and poisoning children with lead, he has returned and is still harassing tenants and denying basic services,” Caridad Maldonado at Tenant Association President 919 Prospect Avenue said. “People like Seth Miller do not respond to fines or housing court. We are grateful to now have access to criminal penalties for landlords when they harass tenants and tenant champions, like Attorney General James, to make sure that there are meaningful consequences for their harassment.”

“St. Nicks Alliance thanks Attorney General James and Governor Cuomo for advancing this legislation to protect rent-regulated tenants from harassment,” Rolando Guzman, Deputy Director for Community Preservation at St. Nicks Alliance said. “As North Brooklyn continues to be the battleground for displacement of low- to moderate-income New Yorkers, we are aware that harassment has taken different shapes throughout the years beyond physical harm. We now see landlords using aggressive and unsafe construction with the intentions to displace long term tenants, we call this ‘construction as harassment.’ This new legislation is sending a clear message to unscrupulous landlords in New York, do not harass your tenants or you will go to jail. We also thank Attorney General James for her leadership protecting tenants across the state.”

“Tenant harassment is all too commonplace among predatory, speculative landlords in New York,” Jim Markowich of Tenants Taking Control said. “I know firsthand how dangerous and harmful this type of harassment is and because landlords have historically faced small penalties and no criminal enforcement, there is little incentive to change these destructive practices. I thank Attorney General James for her leadership in advancing this new law that will be a game-changer for protecting tenants and holding unscrupulous landlords accountable.”

Bronx Democratic Party - Annual UGLY SWEATER HOLIDAY PARTY & TOY DRIVE

Happy Tuesday, The community is coming together for our annual Ugly Sweater Holiday Party and Toy Drive, and we hope to see you there. The celebration takes place Tuesday, December 10 at 6:30PM. Bronx Dems Headquarters 1534 Boone Avenue The Bronx, NY 10460 Sincerely, The Bronx Democratic Party

Manhattan U.S. Attorney Announces Arrest Of United States Citizen For Assisting North Korea In Evading Sanctions

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, John Brown, Assistant Director of the Federal Bureau of Investigation (“FBI”) Counterintelligence Division, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the FBI, announced today the unsealing of a criminal complaint charging VIRGIL GRIFFITH, a United States citizen, with violating the International Emergency Economic Powers Act (“IEEPA”) by traveling to the Democratic People’s Republic of Korea (“DPRK” or “North Korea”) in order deliver a presentation and technical advice on using cryptocurrency and blockchain technology to evade sanctions.  GRIFFITH was arrested at Los Angeles International Airport yesterday and will be presented in federal court in Los Angeles on Monday, December 2.

U.S. Attorney Geoffrey S. Berman stated:  “As alleged, Virgil Griffith provided highly technical information to North Korea, knowing that this information could be used to help North Korea launder money and evade sanctions.  In allegedly doing so, Griffith jeopardized the sanctions that both Congress and the president have enacted to place maximum pressure on North Korea’s dangerous regime.”

Assistant Attorney General John Demers said:  “Despite receiving warnings not to go, Griffith allegedly traveled to one of the United States’ foremost adversaries, North Korea, where he taught his audience how to use blockchain technology to evade sanctions.  By this complaint, we begin the process of seeking justice for such conduct.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “There are deliberate reasons sanctions have been levied on North Korea.  The country and its leader pose a literal threat to our national security and that of our allies.  Mr. Griffith allegedly traveled to North Korea without permission from the federal government, and with knowledge what he was doing was against the law.  We cannot allow anyone to evade sanctions, because the consequences of North Korea obtaining funding, technology, and information to further its desire to build nuclear weapons put the world at risk.  It’s even more egregious that a U.S. citizen allegedly chose to aid our adversary.”

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

Pursuant to the IEEPA and Executive Order 13466, United States Persons are prohibited from exporting any goods, services, or technology to the DPRK without a license from Department of the Treasury, Office of Foreign Assets Control (“OFAC”).

In or about April 2019, GRIFFITH traveled to the DPRK to attend and present at the “Pyongyang Blockchain and Cryptocurrency Conference” (the “DPRK Cryptocurrency Conference”).  Despite that the U.S. Department of State had denied GRIFFITH permission to travel to the DPRK, GRIFFITH presented at the DPRK Cryptocurrency Conference, knowing that doing so violated sanctions against the DPRK.  At no time did GRIFFITH obtain permission from OFAC to provide goods, services, or technology to the DPRK.

At the DPRK Cryptocurrency Conference, GRIFFITH and other attendees discussed how the DPRK could use blockchain and cryptocurrency technology to launder money and evade sanctions.  GRIFFITH’s presentation at the DPRK Cryptocurrency Conference had been approved by DPRK officials and focused on, among other things, how blockchain technology, including a “smart contract,” could be used to benefit the DPRK.  GRIFFITH identified several DPRK Cryptocurrency Conference attendees who appeared to work for the North Korean government, and who, during his presentation, asked GRIFFITH specific questions about blockchain and cryptocurrency and prompted discussions on technical aspects of those technologies.

After the DPRK Cryptocurrency Conference, GRIFFITH began formulating plans to facilitate the exchange of cryptocurrency between the DPRK and South Korea, despite knowing that assisting with such an exchange would violate sanctions against the DPRK.  GRIFFITH also encouraged other U.S. citizens to travel to North Korea, including to attend the same DPRK Cryptocurrency Conference the following year.  Finally, GRIFFITH announced his intention to renounce his U.S. citizenship and began researching how to purchase citizenship from other countries.

VIRGIL GRIFFITH, 36, is a resident of Singapore and citizen of the United States.  GRIFFITH is charged with conspiring to violate the IEEPA, which carries a maximum term of 20 years in prison.  The maximum potential sentence 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. Berman praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division, and thanked the Department of Justice’s National Security Division, Counterintelligence and Export Control Section, for their assistance.

The charge in the Complaint is merely an accusation, 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.

AG James Announces Arrest Of Brooklyn Man Charged With Stealing Thousands Through Identity Theft Scheme

Otis Barnes Allegedly Used the Stolen Identity of a 90-year old

Staten Island Resident to Cash Forged U.S. Postal Money Orders  

  New York Attorney General Letitia James today announced the arrest and arraignment of Otis Barnes (29, of Brooklyn) on an 18-count indictment for identity theft and the embezzlement of thousands of dollars. Barnes allegedly used the personal identifying information of a 90-year old Staten Island resident to cash forged money orders at United States Post Service (USPS) offices throughout New York and New Jersey, defrauding a local bank to steal thousands of dollars. 

“Identity theft is one of the most personal crimes an individual can commit, which is why my office will prosecute anyone who takes part in this shameless scheme,” Attorney General James said. “This individual not only stole thousands, but preyed on an unsuspecting elderly man, which is why today’s arrest should come as welcomed news to all those in the New York City area.”

“Mr. Barnes couldn’t have thought he would get away with this crime, when he left a trail of evidence leading right to his true identity and his front door,” said USPS Inspector in Charge Philip R. Bartlett. “As today’s arrest demonstrates, if you steal from the U.S. Postal Service, Postal Inspectors will find you and bring you to justice for your crimes.”

A joint investigation by the Attorney General’s Auto Insurance Fraud Unit and the United States Postal Inspection Service revealed that Barnes allegedly assumed the elderly victim’s identity on several occasions, by presenting himself as the victim at several USPS offices and at a check cashing establishment. As proof of his stolen identity, Barnes is accused of using a forged New York State Driver’s License that listed the elderly victim’s name, home address, and date of birth, but contained Barnes’ photograph in order to cash several forged USPS money orders in the victim’s name.

The investigation further revealed that prior to cashing the forged money orders, Barnes allegedly used a mobile depositing app to deposit the same money orders, under his own name, into a bank account he controlled. Barnes then withdrew the money out of the account before the bank became aware of the fraud. Because mobile deposit enables a customer to take a picture of a check or money order, while maintaining possession of the check or order itself, Barnes was allegedly able to then alter the money orders to substitute the name on the order and cash them a second time at local post offices. 

The Richmond County indictment charges Barnes with the crimes of Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the First and Second Degrees, and Grand Larceny in the Fourth Degree. Barnes was arrested Friday evening in Westchester by the New York State Police, and was arraigned today in Richmond County Supreme Court before the Honorable Judge Marina Cora Mundy. If convicted of the top counts charged today, Barnes could face up to 7 1/2 to 15 years in prison.

The charges are merely accusations and Barnes is presumed innocent unless and until proven guilty in a court of law.

Tips for Consumers

The Office of the Attorney General provides the following tips to New Yorkers to safeguard their personal information and prevent most forms of identity theft:

Secure Personal Information:

• While it's generally safe to give away your name or phone number, telling someone your date of birth, Social Security number, or any account numbers can expose you to identity theft. You should also avoid disclosing any information you use as a “backup” answer for websites when you've forgotten a password.
• Never give your personal information to someone who contacts you out of the blue; there's a chance you're being “phished.” Phishing is an attempt to get a you to provide personal information such as your username, password, or credit card number. Scammers can contact you by text, phone, or email, and often pose as a government agency, bank, or well-known company. They'll demand your personal information to resolve some problem or emergency, or say they just need to “confirm your information” before they can give you something. None of these organizations would actually contact you this way for important information. If you are unsure, call the company — using published numbers — to verify it's actually them.
• Some phishing attempts tell you to go to a website or open an attachment. Don't download attachments or click on links from people you don’t know. These may contain viruses that will infect your computer and steal your personal information.

Delete Unneeded Data:

• Destroy any records of personal information once you no longer need them. Shred physical documents like tax returns, and financial or medical records.
• Delete or deactivate digital accounts and delete digital files. Remember that even deleted files can still be stored on your hard drive, so you'll need special security software to erase all your personal data if you're getting rid of an old computer.

Monitor Credit Reports:

• Everyone is entitled to one free copy of their credit report each year from each of the major credit reporting agencies. If you see accounts or inquiries that you didn't initiate or you don’t recognize, it may indicate that someone else is using your identity.
• You can schedule reports from different agencies at different times of the year to obtain regular coverage online or by calling 877-322-8228.

The Office of the Attorney General wishes to thank the United States Postal Service Inspection Service for their valuable assistance in this matter and the New York State Police for their arrest of Barnes.

FOUR DEFENDANTS SENTENCED TO PRISON FOR FIRST-DEGREE GANG ASSAULT

Defendants Beat Man Outside Bronx Restaurant, Left Him Brain Dead

 Bronx District Attorney Darcel D. Clark today announced that three men and one woman have been sentenced to prison for beating a man outside a restaurant in Kingsbridge in 2016. The attack left the victim brain dead. 

 District Attorney Clark said, “The defendants savagely beat a Manhattan father of two as he lay on the ground; stomping, kicking and punching him repeatedly. The victim’s family is still reeling with the tragic death. I hope today’s sentence brings a sense of closure to the family who lost their loved one in such a brutal way.” 

 District Attorney Clark said the defendants, Joel Hernandez, 26, Jenny Gutierrez, 25, Kendall Guillory, 33, and Jariel Pichardo, 33, all of Manhattan, were sentenced to prison today by Bronx Supreme Court Justice Robert Neary. Hernandez and Pichardo were sentenced to eight years in prison and five years post-release supervision; Guillory was sentenced to seven years in prison and five years post-release supervision; and Gutierrez was sentenced to six and a half years in prison and five years post-release supervision. A jury found the defendants guilty of first-degree Gang Assault on September 27, 2019. 

 According to the investigation, at about 4 a.m. on October 2, 2016, outside of the Parrilla Latina restaurant on 5523 Broadway, the victim, Donnell Soto, 36, who was drinking alcohol at the establishment before the incident, had an argument with Gutierrez. Security guards stopped the dispute and Soto walked away. However, Gutierrez intensified the situation when she told the other defendants to attack Soto. Gutierrez then hit Soto with her coat, and he pushed her in return. Soto was then punched and fell to the ground. Video footage presented in court shows the defendants punching, stomping and kicking Soto in the head

 Soto was taken to St. Barnabas Hospital with severe head trauma and was declared brain dead on October 4, 2016. He was taken off life support on October 20, 2016. 

  District Attorney Clark also thanked Detective Thomas Woods of the 50th Precinct and Detective Christine Reyes of Bronx Homicide for their assistance in the investigation.

BRONX MAN INDICTED FOR FIRST-DEGREE ASSAULT ON FDNY EMERGENCY MEDICAL TECHNICIAN INSIDE AMBULANCE EMT Was Bitten; Slammed Against Doorframe, Suffered Nerve Damage

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for first-degree Assault and related charges for allegedly attacking an FDNY Emergency Medical Technician who was transporting him to a hospital in a city ambulance. The assault left the victim with nerve damage to his shoulder. 

 District Attorney Clark said, “The defendant allegedly attacked the EMT who was trying to administer aid to him. He allegedly bit the victim and then slammed him against the metal doorframe of the ambulance, which caused serious injury to the victim’s shoulder. The EMT is a 20-year-old man just starting his career of helping people in the Bronx. We will not tolerate assaults on our first responders. They face many hazards on the job, but they should never be subjected to violent acts.” 

 District Attorney Clark said the defendant, Thomas Wright, 32, of the Bronx, was arraigned today before Bronx Supreme Court Justice Margaret Clancy on two counts of first-degree Assault, four counts of second-degree Assault, and one count of third-degree Assault. Bail was continued at $15,001 cash and $20,001 bond. He is due back in court on December 16, 2019.

 According to the investigation, on October 18, 2019 at approximately 9 p.m. as Wright was being transported from E. 149th Street in an Emergency Medical Services ambulance, he allegedly caused serious physical injury to FDNY EMT Nicholas Cody, 20. The defendant allegedly bit Cody in the left shoulder, then rushed towards Cody and, using his body, struck Cody in the chest and left shoulder.

  District Attorney Clark also thanked NYPD Police Officer Angie Chavez of the 46th Precinct and the FDNY/EMS for their assistance. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

YUME KITASEI NAMED DIRECTOR OF CITY LEGISLATIVE AFFAIRS

 Mayor de Blasio today named Yume Kitasei as Director of City Legislative Affairs. She previously served as the Deputy Chief of Staff to First Deputy Mayor Dean Fuleihan.

“With two years left, we remain committed to making New York City stronger and fairer than ever before,” said Mayor Bill de Blasio. “Yume is an extraordinarily talented public servant who works tirelessly on behalf of our city. I thank Jeff for all he’s done to help advance the needs of New Yorkers and trust that Yume will continue the fight for a more progressive City for all.”

“I want to thank Jeff for his friendship and counsel as I move into this new role,” said Director of City Legislative Affairs Yume Kitasei. “He is leaving big shoes to fill, and I don’t just mean literally. I appreciate the Mayor giving me this opportunity to work with the Council again.”

As Director of City Legislative Affairs, Kitasei will be responsible for representing the Mayor and City agencies to the City Council and overseeing the advancement of city policies and priorities for the Mayor's Office in coordination with the City Council and relevant City agencies. Kitasei has served in the de Blasio Administration since 2015, with a specific focus on city legislative affairs in the areas of land use, economic development and budget. Prior to joining the de Blasio Administration, Kitasei worked in the City Council as Council Member Margaret Chin’s Chief of Staff and Budget and Legislative Director. She graduated with a B.A. magna cum laude from Princeton University’s Woodrow Wilson School of Public and International Affairs.

“I am honored to have served Mayor de Blasio and the City in this role,” said former Director of City Legislative Affairs Jeff Lynch. “Working with Speaker Johnson and the Council, we have achieved many big victories for New Yorkers.  For years I have worked alongside Yume at both the Council and in this Administration, and seen her dedication.  No one could do this job better than her, and I want to congratulate her on the appointment.”

Jeff Lynch has served as Director of City Legislative Affairs since January 2018.  Through his work with the Council, he negotiated two successful budgets and presided over many key, legislative victories for the Administration, including the cap on for-hire vehicles, the expansion of speed cameras, the plan to close Rikers Island, and the launch of the Fair Fares program.  Jeff will transition next to a senior role within the administration.