MAYOR DE BLASIO ANNOUNCES OPEN STREETS: RESTAURANTS WILL EXPAND TO WEEKDAYS AT 40 LOCATIONS CITYWIDE

 

First-ever weekday hours available for popular, car-free outdoor dining initiative

Mayor Bill de Blasio today announced the first Open Streets: Restaurant partner organizations that will begin temporary street closures on weekdays for outdoor dining along select corridors. Earlier this month, the Administration had invited BIDs, community-based organizations, and groups of restaurants to submit applications to expand the enormously popular Open Streets: Restaurants, an initiative that combines the Open Streets and Open Restaurants programs. Previously, car-free hours had been limited to weekends. 

 

“Restaurants deserve every chance they can get to serve more customers this fall – and, as the weather gets cooler, New Yorkers deserve every chance they can get to enjoy outdoor dining,” said Mayor de Blasio. “The Open Streets: Restaurants program has been a success, and we’re proud to grow its reach and give restaurants more tools to make it through this crisis.”

 

“The success of the Open Restaurants program can be seen and felt in every borough,” said Jonnel Doris, Commissioner of the NYC Department of Small Business Services. “We are thrilled about this latest announcement which continues to address the needs we’ve been hearing from the restaurant industry.

 

“The Open Streets initiative has already saved tens of thousands of jobs across New York City, and so we expect that car-free outdoor dining on weekdays will give an even greater boost to the economy and the quality of life of our neighborhoods,” said DOT Commissioner Polly Trottenberg. “We thank Mayor de Blasio and all of our agency partners and community organizations who have stepped up to expand what has already been an incredibly successful team effort.  Open Restaurants has been a lifeline for the restaurant industry during the COVID crisis, and has also helped all New Yorkers see new possibilities for how to use our streets in the future.”

 

Open Streets: Restaurants is now operating on 87 participating streets across the five boroughs. The broader Open Restaurants initiative, which includes outdoor dining on sidewalks and in curbside parking spaces on streets open to traffic, and select pedestrian plazas, has surpassed 10,200 participating businesses in just over three months, saving an estimated 90,000 jobs across the five boroughs. The program continues through the end of October.

 

Weekday hours will begin as early as Thursday, September 17, varying by location. Hours for each participating location can be found on the Open Streets: Restaurants homepage.

 

Open Streets: Restaurants Locations Adding Weekday Hours: 

Partner	On Street	From Street	To Street	Boro	Days
Belmont BID	Arthur Ave	E 188th St	Crescent Ave	BX	Thur-Sun
Atlantic Avenue BID	Hoyt St	Atlantic Ave	State St	BK	Fri-Sun
GERTIE RESTAURANT LLC	Grand St	Marcy Ave	Roebling St	BK	Thur-Sun
Red Hook Business Alliance/Hometown BBQ	Reed St	Conover St	Van Brunt St	BK	Tue-Sun
Alliance for Downtown NY	Ann St	Nassau St	William St	MN	ALL
Alliance for Downtown NY	Pearl St	Broad St	Hanover Sq	MN	ALL
Alliance for Downtown NY	Pine St	William St	Pearl St	MN	ALL
Becaf LLC	Ave B	E 2nd St	E 3rd St	MN	ALL
Bistro Les Amis	Spring St	Thompson St	W Broadway	MN	ALL
Blind Tiger	Jones St	Bleecker St	W 4th St	MN	ALL
Casa Nomad restaurant and Akin Hospitality Group	Broadway	W 29th St	W 31st St	MN	ALL
Cervo's	Canal St	Orchard St	Essex St	MN	ALL
Chinatown BID	Doyers St	Bowery	Pell St	MN	ALL
Chinatown BID/CCBA	Pell St	Bowery	Mott St	MN	ALL
Derossi Global	E 7th St	Ave A	1st Ave	MN	ALL
Dyckman Gardens	Dykcman St	Broadway	Seaman Ave	MN	ALL
Flatiron 23rd St Partnership	W 22nd St	5th Ave	6th Ave	MN	ALL
Flatiron 23rd St Partnership	Broadway	W 25th St	W 28th St	MN	ALL
Flatiron 23rd St Partnership	Broadway	E 21st St	E 22nd St	MN	ALL
Hopkins & Hawley	Front St	Beekman St	Peck Slip	MN	ALL
il Buco	Bond St	Lafayette St	Bowery	MN	ALL
LES Partnership	Orchard St	Grand St	Delancey St	MN	ALL
LES Partnership	Broome St	Ludlow St	Allen St	MN	ALL
Mari Makan LLC	Spring St	Mott St	Elizabeth St	MN	ALL
Meatpacking BID	9th Ave	W 14th St	W 15th St	MN	ALL
Meatpacking BID	W 13th St	Hudson St	Washington St	MN	ALL
Meatpacking BID	Little W 12th St	9th Ave	Washington St	MN	ALL
Meatpacking BID	Gansevoort St	Hudson St	Washington St	MN	ALL
Osteria Morini	Lafayette St	Spring St	Kenmare St	MN	ALL
Peasant	Elizabeth St	Spring St	Prince St	MN	ALL
Rezdora	E 20th St	Park Ave	Broadway	MN	ALL
Scarpetta Restaurant	E 29th st	Madison Ave	5th Ave	MN	ALL
St Tropez Soho, LLC	Spring St	6th Ave	Thompson St	MN	Thur-Sun
Von Design Ltd	Bleecker St	Mott St	Bowery	MN	Tue-Sun
Gramercy Neighborhood Associates	E 18th St	Park Ave S	Irving Pl	MN	ALL
Times Square Alliance	W 46th St	8th Ave	9th Ave	MN	ALL
Times Square Alliance	W 46th St	6th Ave	7th Ave	MN	ALL
Restaurant Marc Forgione	Reade St	W Broadway	Greenwich St	MN	ALL
KioRestaurant, LLC (d.b.a. Khe-Yo)	Duane St	Hudson St	W Broadway	MN	ALL
Forest Hills Chamber of Commerce	70th Rd	Austin St	Queens Blvd	QN	ALL

Governor Cuomo Announces Infection Rate Drops Below One Percent

 

0.87 of Yesterday's COVID-19 Tests were Positive

4 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 1,057 Establishments; Observes 1 Establishment Not in Compliance

Confirms 652 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 446,366; New Cases in 41 Counties

  Governor Andrew M. Cuomo today announced the infection rate in New York State dropped below one percent again to 0.87. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"Our numbers continue to remain low, thanks to the hard work of New Yorkers, who rose to the occasion and ultimately flattened the curve," Governor Cuomo said. "We have been calibrating our reopening based on real-time data, and we will continue to make decisions based on science and facts, because this thing is not over. Having our infection rate come back down to 0.87 is great news for us - we don't want to see our infection rate go over one percent for any period of time. There is no margin for error: It's going to take all of us to keep wearing our masks, washing our hands and remaining socially distant."

Yesterday, the State Liquor Authority and State Police Task Force visited 1,057 establishments in New York City and Long Island and observed 1 establishment that was not in compliance with state requirements. A county breakdown of yesterday's observed violation is below:

• Manhattan - 1

Today's data is summarized briefly below:

• Patient Hospitalization - 483 (+2)
• Patients Newly Admitted - 69
• Hospital Counties - 35
• Number ICU - 138 (-6)
• Number ICU with Intubation - 67 (+7)
• Total Discharges - 75,903 (+56)
• Deaths - 4
• Total Deaths - 25,410

Governor Cuomo Announces Special Enrollment for Uninsured Extended Through the End of 2020

 

New Yorkers Can Apply for Coverage Through NY State of Health or Directly Through Insurers

Consumers Can Apply for Coverage Through NY State of Health, by Phone at 1-855-355-5777, Or Connect with a Free Enrollment Assistor

  Governor Andrew M. Cuomo today announced that the Special Enrollment Period for uninsured New Yorkers will be extended through December 31, 2020, as the State continues to provide supportive services during the COVID-19 public health crisis. New Yorkers can apply for coverage through NY State of Health, New York State's health insurance marketplace, or directly through insurers.

"The COVID-19 pandemic is far from over and it's more important than ever for New Yorkers to have access to high-quality, affordable health insurance," Governor Cuomo said. "New York has resources available to help those who need coverage during this difficult time, and anyone who doesn't currently have health insurance, regardless of the reason, should visit NY State of Health and enroll today."

New York State of Health Executive Director Donna Frescatore said, "With the ongoing public health emergency, the ability to enroll in coverage prior to next year remains important. The extension of the special enrollment period through the end of the year will overlap with the annual Open Enrollment Period, which will permit consumers to continue coverage into 2021 without a break in coverage. "  

Superintendent of Financial Services Linda A. Lacewell said, "Thanks to New Yorkers, we bent the COVID-19 curve. However, as the pandemic continues, it is especially important for New Yorkers to have access to high-quality, affordable health insurance.  Under Governor Cuomo's leadership, New York is establishing a special enrollment period through the end of the year, providing uninsured New Yorkers another opportunity to sign up for the health coverage they need."

NY State of Health, together with the State Department of Financial Services and New York State insurers, are taking this action in light of the COVID-19 public health emergency so that individuals do not avoid seeking testing or medical care due to a lack of health insurance coverage. Individuals who have lost employer coverage must apply within 60 days of losing that coverage and individuals who have lost income may be eligible for Medicaid, the Essential Plan, Child Health Plus, or subsidized Qualified Health Plans.

Individuals who enroll in Qualified Health Plans through NY State of Health or directly through insurers by October 15, 2020 will have a choice of coverage start date of either October 1, 2020 or November 1, 2020.  Those enrolling between October 16 and December 15, 2020 will have a choice of coverage start date of November 1 or December 1, 2020.  Those enrolling between December 16 and December 31, 2020 would get a January 1, 2021 coverage start date.  Importantly, consumers will have the option to continue their enrollment in the same plan in 2021 without a break in coverage.  Individuals who are eligible for other NY State of Health programs - Medicaid, Essential Plan and Child Health Plus - can enroll year-round.  Finally, as directed by Governor Cuomo, all New York insurers have waived cost sharing for COVID-19 testing. 

As always, consumers can apply for coverage through NY State of Health online at nystateofhealth.ny.gov, by phone at 1-855-355-5777, and by connecting with a free enrollment assistor. 

Additional information on NY State of Health insurance options during the Coronavirus emergency can be found here. 

Department of Financial Services information and resources during the Coronavirus emergency can be found here.

DiNAPOLI: STATE'S FINANCIAL HOLE DEEPENS, TAX REVENUES TRAIL $3.2 BILLION IN 2020

New York State Comptroller Thomas P. DiNapoli today said that state tax receipts are $3.2 billion lower than last year, as he released the State Cash Report for August. DiNapoli noted state tax receipts of $4.3 billion in August were $309.3 million above the latest projections by the state Division of Budget (DOB), but $219.1 million below collections in August 2019.

“Tax revenues continue to fall short of levels needed to fund education, health care and other vital services in this year’s budget,” DiNapoli said. “The revenue hole the pandemic created is getting deeper. Unless Washington acts to provide further fiscal relief for New York, painful budget decisions lie ahead.”

Other key numbers in the report:

• Personal income tax (PIT) collections totaled $2.7 billion in August, $157 million higher than anticipated, but $185.5 million, or 6.4 percent, lower than last year. Year to date collections were $1.6 billion, or 6.7 percent, lower than last year.
• Sales tax receipts totaled $5.1 billion through August, $1.3 billion, or 20.2 percent, lower than last year. August sales tax receipts were $97.2 million, or 7.8 percent, below those a year earlier.
• All Funds spending through August totaled $64.3 billion, down $2.5 billion, or 3.8 percent, from the previous year. Spending was $2.1 billion below the latest projections, primarily in local assistance grants ($1.4 billion below projections and $1.9 billion below last year). State operations spending was $369 million below projections through August.
• The General Fund ended the month with a balance of $13.5 billion, $972.7 million higher than projected and $6.6 billion higher than August 2019. This is partly due to $4.5 billion in short-term borrowing proceeds and delays in certain payments to local governments and other entities.

August Cash Report

 

Former Wisconsin and New York City Schools Official Pleads Guilty to Child Pornography Charge

 

  United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on September 15, 2020, David A. Hay (age: 40) most recently of Brooklyn, New York, entered a guilty plea to a charge of receiving child pornography.

According to court filings, in May of 2010, while living and employed in the Eastern District of Wisconsin, David A. Hay exchanged emails with a 15-year-old child. During the course of these communications, the defendant received sexually explicit digital images and videos from the child. Hay also provided sexually explicit images of himself to the 15-year-old.

Hay was principal at Tomah High School 2011 through 2014. Prior to that, Hay was principal at Kettle Moraine High School from 2008 through 2011 before resigning following the school district’s discovery of irregularities with Hay’s licensing and the misuse of a district credit card. Most recently, Hay served as Deputy Chief of Staff to the New York City Chancellor of Schools.

Hay faces a mandatory minimum sentence of five years and up to 20 years of incarceration in federal prison when he is sentenced in Green Bay’s Federal District Court on December 18, 2020.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

What Your City Council is Voting on Today Including to Allow Restaurants to Charge a 10 Percent Pandemic Fee For Indoor or Outdoor Eating.

 

Council Votes to ban the Use of Credit Scores for Affordable Housing Eligibility

September 16, 2020

The Council will also vote to allow restaurants to charge a COVID-19 fee

 The New York City Council on Wednesday will vote on legislation that stops affordable housing providers who receive city funds from using an applicant’s credit score and debt (if less than $12,000) to determine eligibility for housing. Credit scores remain one of the key factors that landlords review during the application process for leasing. An applicant’s poor credit can drastically hinder their ability to attain much-needed affordable housing, and often has a disproportionately negative impact on communities of color.

The Council will also vote on a bill designed to help restaurants survive during the pandemic by allowing them to charge a fee of up to 10% of the total bill price for in-person dining (outdoor and indoor). The City’s restaurant and hospitality industry has been hit particularly hard during the pandemic, with many barely able to survive on outdoor dining or takeout. Even when indoor dining resumes, restaurants will still operate below capacity and need the ability to charge a reasonable dining fee to stay afloat. This fee is not mandatory and will only be charged at restaurants that feel it is necessary to apply to their bills.

The Council will also vote on a law that requires the Buildings Department to study the feasibility of using drones to inspect building façades. Building façade inspections are intended to ensure that the façades of buildings higher than six stories are safe and secure. They often involve erecting costly scaffolding around the buildings for inspectors to take a proper look at the façade. The use of drone technology may be a way to improve these inspections, enabling more thorough examinations and protecting pedestrians, but there are concerns about safety, privacy and federal rules.

Additionally, the Council will also vote on two governmental operations bills. The first would allow New Yorkers to register for e-mail notifications on items published in the City Record affecting their local community board district, and the second would allow city agencies to adopt any necessary rules prior to a local law’s effective date so that the rules and local law can take effect simultaneously.

The Council will also be voting on a resolution to support the agreement that the City Education Department has reached with several labor organizations (United Federation of Teachers, Council of School Supervisors & Administrators, and District Council 37). The agreement will keep school buildings closed until September 21, while final safety arrangements are completed and require the DOE to reopen only if the guidelines in the United Federation of Teacher’ 50-item safety checklist is met.

Finally, the Council will vote on a land use item.

CIVIL & HUMAN RIGHTS

Prohibits the consideration of a prospective tenant’s credit score and debt less than $12,000 for the leasing of affordable housing

Proposed Intro No. 1603-A, sponsored by Council Member Mark Levine, would prohibit a developer from using or considering a tenant or prospective tenant’s credit score, consumer debt judgment, collection account, medical debt or student loan debt, other than delinquent debt that exceeds $12,000, in the rental or lease of an affordable housing unit that receives city financial assistance. In addition, this bill would prohibit a developer, in the rental or lease of an affordable housing unit that receives city financial assistance, from (i) using the consumer credit history of anyone other than the designated representative of a household or (ii) failing to disclose the process and criteria by which the consumer credit history of the designated representative will be evaluated. This bill would apply only to projects for which the city financial assistance is expected to have a total value of $1 million or more.

This law would take effect one year after becoming law.

“The point of affordable housing is to offer a lifeline to those in need. This goal is directly undermined when we exclude New Yorkers from applying for housing simply because they’ve had some tough breaks which damaged their credit,” said New York City Council Health Committee Chair Mark Levine. “Today we are taking action to remedy this. Our legislation will ensure that tenants will no longer be penalized for their past credit score or consumer debt in their search for a safe place to call home.”

CONSUMER AFFAIRS

Allows food service establishments to charge a COVID-19 Recovery Charge

Proposed Intro No. 823-B, sponsored by Council Member Joe Borelli, would temporarily allow restaurants and other food service establishments to add a “COVID-19 Recovery Charge” of up to 10% of a customer’s total bill. The menu and bill would need to clearly disclose this charge. This surcharge would be permitted until 90 days after full indoor dining is once again permitted. 

This bill would take effect immediately. 

“This bill will give restaurants the freedom they need to increase revenue to help cover rapidly rising labor and compliance costs and keep them in business. Restaurants in New York City have been getting crushed by massively increasing costs over the last five years and their options for increasing revenue have been narrowing. This new policy is coming as a result of the impact of Covid-19 on our city but I have every intention of making this change permanent,” said Council Member Joe Borelli.

HOUSING & BUILDINGS

Requires the Department of Buildings to report on the safety and feasibility of authorizing building exterior wall examinations by unmanned aircraft systems (“drones”)

Proposed Intro No. 1853-A, proposed by Council Member Robert Cornegy, would require the Department of Buildings (DOB) to conduct a study of the safety and feasibility of allowing unmanned aircraft systems (“drones”) to conduct façade inspections. The use of unmanned aircraft systems (“drones”) may enable more thorough façade inspections and improve pedestrian safety. Further, they may reduce the need for sidewalk sheds, which are often installed for the purposes of conducting façade inspections and repairs. However, there are many questions regarding the safety and feasibility of allowing drones to conduct façade inspections, such as potential conflicts with federal rules and issues related to privacy.

This law would take effect immediately.

“Intro. 1853-A takes a step forward in a longer process of updating our laws to reflect the technological solutions available today. Drones could play a positive role in building management, from façade and roof inspection to energy efficiency analysis. The current 22-year-old and 72-year-old local laws that govern drone use are due for a review. As we pursue this first step, studying drone laws and regulations and offering recommendations for changes, Intro. 1853-A recognizes the need to include safety and privacy protections in our analysis. Ultimately, this legislation and the report it requires the Department of Buildings to produce will help us bring façade inspection and broader drone regulation up to date. New Yorkers, and the legacies of Grace Gold, Erica Tishman, Xiang Ji, and all those killed or injured due to building façades, deserve no less,” said Council Member Robert E. Cornegy, Jr.

GOVERNMENTAL OPERATIONS

Allows New Yorkers to register for notifications on items published in the City Record affecting their local community board district

Proposed Intro No. 1874-A, sponsored by Council Member Margaret Chin, would codify and improve upon the City Record Online’s (“CROL’s”) e-mail notification system. Currently, CROL allows individuals to sign up to receive e-mail notifications whenever a specific agency publishes a notice in the City Record regarding an upcoming agency action, such as a public hearing or the adoption of a new rule. Under this bill, individuals who sign up to receive CROL notifications would have the option to limit their notifications to items affecting their selected community board district. This would help ensure that individuals only receive notifications on the items most relevant to them.

This bill would take effect 180 days after becoming law.

“The crisis we are facing requires all of us to stay vigilant to what’s going on in government. I’m proud to pass Intro 1874, which will serve as a new tool to help expand digital access to information about City processes and agency updates and keep New Yorkers informed in real time,” said Council Member Margaret Chin. 

Establishes a default rule authorizing agencies to adopt rules implementing a local law prior to the law’s effective date

Proposed Intro No. 1878-A, sponsored by Council Member Keith Powers, would establish a default rule providing that when a local law is enacted, the administering agency may start the rulemaking process and adopt any necessary rules prior to the local law’s effective date so that the rules and local law can take effect simultaneously. The Council would retain the power to expressly prohibit or require pre-effective date rulemaking for any particular local law.

This bill would take effect immediately.

“Intro. 1878 will help to expedite and smooth the often-arduous process of policy implementation in the city. By allowing city agencies to make rules around a new law, and form policies before it is required to go into effect, we are better prepared as a city and as New Yorkers,” said Council Member Keith Powers.

EDUCATION

Supports agreement between the United Federation of Teachers and Department of Education to only open school buildings that have met the standards in the 50-item checklist

Resolution No. 1410-A, sponsored by Council Member Mark Treyger, would call on the Department of Education (DOE) to only open school buildings that have met the health and safety standards prescribed in the United Federation of Teachers’ (UFT) 50-item checklist. Additionally, the resolution would call on the DOE to implement a medically recommended mandatory randomized COVID-19 testing program for adults and students in all school buildings as agreed upon by the administration and the labor organizations representing school personnel including the United Federation of Teachers (UFT), Council of School Supervisors & Administrators (CSA), and District Council 37 (DC37).

“School communities are asking for honesty, transparency, and basic accountability. We need to be able to give schools everything they need to succeed during this difficult time. Resolution 1410 provides clear expectations of what needs to be met by the NYC Department of Education to guarantee a safe environment and transition for in-person learning. I thank Speaker Johnson for advancing this piece of legislation and the United Federation of Teachers for continuing to advocate for the safety of our education community,” said Council Member Mark Treyger, Chair of the Committee on Education.

LAND USE ITEMS

2774 Adam Clayton Powell – HPD is seeking Urban Development Action Area Project approval (UDAAP) and an Article XI tax exemption to facilitate the preservation of 4 buildings with 60 units of affordable homeownership.

Attorney General James Shuts Down Fundraising Operation That Solicited Donations on Behalf of Sham Charities

 

Agreement Bans Fundraisers from Charity Fundraising, Protects Donors, Transfers Surrendered Funds to Legitimate Charities

 New York Attorney General Letitia James today announced a multi-agency agreement permanently banning a fundraising network from charitable fundraising. The defendants include Outreach Calling Inc., Outsource 3000 Inc., and Production Consulting Corp., three companies spearheaded by Mark Gelvan, as well as his associates Thomas Berkenbush, William English, and Damian Muziani.

The defendants were the center of a nationwide fraudulent scheme targeted by the Attorney General’s Operation Bottomfeeder. They were primary fundraisers for a number of sham charities that have been the subject of prior Operation Bottomfeeder actions. Some of the charities were also subjects of actions by other law enforcement agencies. These charities claimed to use consumers’ donations to help homeless veterans, retired and disabled law enforcement officers, breast cancer survivors, and others in need. However, the organizations spent almost none of the donations on the promised activities. In fact, as much as 90 percent of the money raised by the operation went to the defendants themselves as payment for their fundraising services. 

“It is critically important that donors are able to trust that their contributions are being used as they intended, and not to line the pockets of individuals who exploit the generosity of others,” said Attorney General James. “My office will continue to work with partners such as the FTC and other states to protect donors and legitimate charitable entities.”

Today's settlement, reached in collaboration with the Federal Trade Commission (FTC) and the attorneys general of Minnesota, New Jersey, and Virginia will permanently prohibit the defendants from participating in any charity fundraising and from deceiving consumers in any other fundraising effort, including for political action committees (PACs). In addition, the defendants will be subject to significant monetary judgements and required to surrender assets. All funds surrendered will be paid to the state of New York, which will contribute the funds to legitimate charities that perform services that mirror those promised by the sham charities. The settlement orders are subject to approval by Judge Mary Kay Vyskocil of the U.S. District Court for the Southern District of New York.

“This action puts fundraisers on notice: The FTC will not only shut down sham charities, it will aggressively pursue their fundraisers who participate in the deception,” said Andrew Smith, director, Bureau of Consumer Protection of the FTC. “If you’re giving to charity and want to make sure your donations count, start at ftc.gov/charity to learn how to spot the scams.”

The Office of Attorney General will continue to monitor the general fundraising activities of the defendants. As part of the agreement, Gelvan is required to submit annual reports to New York detailing all entities by which he conducts any type of fundraising and a list of entities on whose behalf he fundraises.