SCHUMER, GILLIBRAND ANNOUNCE OVER $830 THOUSAND IN APPALACHIAN REGIONAL COMMISSION FUNDING FOR SOUTHERN TIER COMMUNITIES

 

Southern Tier West In Allegany County To Receive $426,304 For Broadband Project, Tompkins County Area Development To Receive $404,170 For Fiber Broadband Trunk

Senators Say Funding Will Increase Broadband Capacity In The Southern Tier To Position The Region For New Opportunities And Jobs

Schumer, Gillibrand: ARC Funding Is Investment Sparking Southern Tier’s Broadband Future

 U.S. Senator Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced $830,474 in federal funding allocated through the Appalachian Regional Commission. The funding will be used to revitalize broadband in the Southern Tier’s coal-impacted communities.

“In today’s modern economy, access to reliable, fast internet service is crucial to a community’s success,” said Senator Schumer. “These projects will ensure that the Southern Tier is up to date on state-of-the-art broadband technology that is essential for attracting and growing new industries and new jobs in the region. I am proud to have secured this federal funding that will help revitalize the Southern Tier’s broadband future.”

“As New Yorkers continue working remotely amidst the coronavirus pandemic, it is more important than ever that our communities have access to reliable internet,” said Senator Gillibrand. “This funding will provide high speed internet services to thousands of households and hundreds of businesses across the Southern Tier, strengthening innovation and creating jobs in the region. I will continue fighting to ensure that every New Yorker has access to telehealth services, online learning, and other vital services during this pandemic.”

Specifically, Southern Tier West will receive $426,304 for an Allegany county-wide broadband project, using fixed wireless equipment at 12 sites, and Tompkins County Area Development will receive $404,170 for a fiber broadband trunk from Ithaca to the recently retired Cayuga coal plant in Lansing, which is the site of a proposed high capacity data center focusing on artificial intelligence and machine learning.

The Appalachian Regional Commission (ARC) is an economic development agency of the federal government and 13 state governments focusing on 420 counties across the Appalachian region.

Attorney General James Announces Criminal Conviction and Civil Judgment Against Queens Investment Advisor for Defrauding Elderly Clients of Over $11 Million

 

Owner and Manager of Mustaphalli Capital Partners Fund, LP Sentenced to 3 to 9 Years in Prison

Mustaphalli Pays $260,000 in Restitution and Is Permanently Barred from Securities Industry

 New York Attorney General Letitia James announced the conviction of former investment advisor Dean S. Mustaphalli — the owner of the now defunct Mustaphalli Capital Partners Fund, LP (MCPF) — for operating a multi-million-dollar securities fraud scheme aimed at defrauding over 50 investors — many of whom were elderly and at or near retirement. Mustaphalli invested much of these 50 individuals’ monies in his hedge fund without their knowledge or consent, bringing in more than $11 million between 2011 and 2016, and resulting in many of his victims losing their life savings. Today, in Queens County State Supreme Court — upon his guilty pleas to 22 felony charges, including Grand Larceny and Securities Fraud under the Martin Act — Mustaphalli was sentenced to 3 to 9 years in prison; paid $260,000 in criminal restitution; and signed confessions of judgment in favor of the victims named in the indictment, totaling more than $2.3 million dollars. As part of a separate civil order filed by the Office of the Attorney General (OAG) in New York County State Supreme Court, Mustaphalli entered into an additional judgment in favor of his victims in the amount of $6 million, and he is permanently barred from engaging in any business related to the issuance or sale of securities in New York.

“Dean Mustaphalli stripped numerous New Yorkers of their independence and security when he invested millions from their retirements in high-risk ventures without their consent,” said Attorney General James. “In just four years, Mustaphalli’s massive fraud drove immigrants and individuals nearing retirement into the poorhouse and left them with pennies on the dollar, forcing many back into the workforce. We will not allow this greed to go unchecked in New York, which is why we will continue to use every resource at our disposal to pursue all who attempt to defraud and take advantage of those most vulnerable.”

Mustaphalli’s brazen scheme primarily targeted elderly New Yorkers, most of whom were immigrants or female, and who had been his clients for many years. These victims had very little investment experience and relied upon his advice. As their investment advisor, Mustaphalli knew his victims’ conservative investment objectives and that many of them were planning for retirement. Nevertheless, without their knowledge and consent, Mustaphalli diverted his victims’ safe investment portfolios into MCPF, a hedge fund he solely controlled. Many of these illicit transfers were made at his victims’ most vulnerable moments, such as after the loss of a child or spouse, during a divorce, or while battling an illness.

Mustaphalli targeted his first wave of over 20 investors in 2011, by moving $7.1 million of their money into his hedge fund, MCPF. Mustaphalli then engaged in a series of high-risk investment strategies, and, by the end of 2012, MCPF lost 92 percent of its value. In one instance, Mustaphalli bet $2.5 million on the volatility of the price of Mastercard stock, which lost his clients over $2 million in a single trade. By 2014 — just three years after the initial investments — the fund only had $200,000 of the $7.1 million left in it.  

After losing almost $7 million of his investors’ life savings, Mustaphalli transferred the savings of 30 more clients into his hedge fund by 2015, collecting an additional $5 million in investor funds. Again, Mustaphalli targeted mostly elderly individuals who had been his clients for many years and who trusted him. By December 2015, history repeated itself, with this second wave of investors also falling victim to Mustaphalli’s scheme and losing 80 percent of their investments. What had taken these victims a lifetime to save, Mustaphalli lost in a matter of months. In the aftermath of these devastating losses, Mustaphalli used shell companies that he created to divert $100,000 of the remaining hedge fund balance to himself, leaving investors with, at most, 20 percent of their original investment.

To further his scheme and conceal MCPF’s unsuitability for his elderly clients from investment platforms, Mustaphalli created fake email accounts for his clients, many of whom had never even used a computer. He also forged his clients’ initials next to the portion of the documents entitled “Accredited Investor Status,” which falsely stated that each investor’s net worth was over $1 million, when, in reality, almost none of Mustaphalli’s clients had a net worth of over $1 million. Notably, it is a requirement that hedge fund investors meet the definition of an “accredited investor,” which is a person whose net worth exceeds $1 million.

This massive securities fraud scheme was uncovered by the OAG’s Investor Protection Bureau. In September 2016, the Investor Protection Bureau obtained an order pursuant to General Business Law § 354, which preliminarily restrained Mustaphalli and his related entities from making withdrawals from any bank account in the name of his various businesses affiliated with MCPF. In May 2017, the Investor Protection Bureau obtained a second order pursuant to General Business Law § 354, preliminarily freezing assets of various shell entities used by Mustaphalli to divert money from MCPF. And in June 2017, the Investor Protection Bureau filed a 49-page civil complaint against Mustaphalli in New York County State Supreme Court, alleging numerous violations of New York statutes and laws, including the Martin Act and common law fraud. 

Knowing that he was the target of an OAG investigation still did not deter Mustaphalli from continuing his unlawful activity. Instead, Mustaphalli tried to thwart both the OAG’s investigation and an investigation by the Financial Industry Regulatory Authority (FINRA) by concealing his criminal activities and continuing to fraudulently solicit new victims. 

Mustaphalli subsequently became the target of a criminal investigation by the OAG’s Criminal Enforcement and Financial Crimes Bureau. In May 2018, Mustaphalli was arrested on a 99-count criminal indictment, charging him with Grand Larceny in the Second and Third Degrees, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, Falsifying Business Records in the First Degree, felony Securities Fraud under the Martin Act, and Scheme to Defraud in the First Degree.  

Last December, Mustaphalli pleaded guilty to 25 felony counts of the OAG’s criminal indictment — including Grand Larceny in the Second Degree, Scheme to Defraud, Falsifying Business Records, and felony Securities Fraud under the Martin Act — before the Honorable Gene Lopez in Queens County State Supreme Court. Earlier this year, in February, the court heard victim impact statements from multiple investors, who shared the devastating impact that Mustaphalli’s crimes continue to have on their lives. Many victims worked multiple jobs to save money for their retirement, but now have had to re-enter the work force or must rely on their children for financial support. Multiple victims testified that Mustaphalli robbed them of more than just their financial independence, but also of their goal of leaving something for their children and grandchildren. The devastating financial impact of the coronavirus disease 2019 (COVID-19) has hit many of these victims, who lost a lifetime of savings particularly hard. Two victims have passed away since Mustaphalli pleaded guilty from other causes.

Today, Mustaphalli was sentenced to 3 to 9 years in prison, having paid $260,000 in criminal restitution to the victims named in the indictment. Mustaphalli also executed confessions of judgment in favor of the victims named in the indictment, totaling over $2.3 million. 

In addition to the criminal conviction, as part of a separate civil order and judgment filed in New York County State Supreme Court in August 2020, Mustaphalli forfeited the approximately $50,000 remaining in his corporate account and confessed judgment in the amount of $6 million in favor of all of his victims. The OAG’s civil order also permanently bars Mustaphalli from engaging in any business related to the issuance or sale of securities in New York.

The OAG wishes to thank FINRA and, in particular, its Criminal Prosecution Assistance Group, for their valuable assistance on this case. 

The criminal case is being handled by Assistant Attorneys General Maureen Grosdidier and Kristen Bitetto of the Criminal Enforcement and Financial Crimes Bureau and Assistant Attorney General Kenneth Haim of the Investor Protection Bureau, with the assistance of Legal Analysts Lyncee Stroman and Sabrina Farahani, and Supervising Legal Analyst Paul Strocko. Forensic accounting was performed by Forensic Auditor Marcos Perez and Principal Forensic Auditor Investigator Jason Blair, under the supervision of Chief Auditor Kristen Fabbri and Deputy Chief Auditor Sandy Bizzarro of the Forensic Audit Section. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Stephanie Swenton and Deputy Bureau Chief Joseph G. D’Arrigo.

The criminal investigation was conducted by Investigator Brian Metz, under the supervision of Supervising Investigator Michael Leahy and Deputy Chief John McManus. The Investigations Bureau is led by Chief Oliver Pu-Folkes and Deputy Chief John Reidy. Both the Criminal Enforcement and Financial Crimes Bureau and the Investigations Bureau are part of the Division for Criminal Justice, which is overseen by Chief Deputy Attorney General Jose Maldonado.

The civil case is being handled by Assistant Attorney General Tanya Trakht, with the assistance of Legal Assistant Eddie Aguilar — both of the Investor Protection Bureau. The Investor Protection Bureau is led by Bureau Chief Peter Pope and Deputy Bureau Chief Kevin Wallace. The Investor Protection Bureau is part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo. 

Third Avenue Business Improvement District - South Bronx Vibes // Programs, Free Resources, and More

 

Fall is in the air. Third Avenue Business Improvement District is rolling into Autumn with a full program schedule, enhanced security and sanitation services, public art programs, small business development and so much more! We understand that COVID-19 has had a deep impact on our community and pledge ourselves to not only providing bread and butter resources, but also the resources that make our neighborhood what it is - diverse, vibrant, and full of life.  Part of this commitment is represented by new staff hires to provide enhanced services to the area. We would like to welcome the following new Third Avenue Business Improvement District team members: Glenn Hawker, Equitable Economic Development Coordinator, Port Morris - Mott Haven Tony Kee, Public Health Peer Outreach, HUB - Third Avenue Kashawn Wright, Clean Street Team member, Port Morris - Mott Haven Mariam Sanogo, Clean Street Team member, HUB - Third Avenue Omar Sherief, Clean Street Team member, HUB - Third Avenue Daniel Hightower, Clean Street Team member, HUB - Third Avenue Rolando Segura, Clean Street Team member, HUB - Third Avenue Hector Espada, Security Team Erick Guity, Security Team Steven Degreee, Security Team David Lugo, Security Team Please join me in welcoming these new members to the team.  When critical services have been cut from our neighborhoods by New York City - Third Avenue BID has stepped in and stepped up to provide additional resources to ensure that the South Bronx is not left behind.

Governor Andrew Cuomo announced the Cluster Action Initiative, a tool to reduce community transmission of #COVID19. The district is currently in category yellow and we are monitoring the health indicators and working closely with City and State partners to prepare should any changes in transmission rates occur.

AOC CAMPAIGN CLAIMS THEIR CENSUS OUTREACH BRINGS IN $59.6 MILLION TO DISTRICT

 

With the census wrapping up their 2020 count, the Alexandria Ocasio-Cortz for Congress campaign announces bringing in $59.6 million dollars to NY 14 through their census outreach efforts.  

Team AOC began organizing efforts for the Census in mid- July, and ramped up the engagement in light of the Census deadline being abbreviated from its original deadline of October 31, 2020.  The campaign committed a total of $1 million to Census outreach in NY-14, which included a large digital ad buy targeted in Spanish, English and Bangla to undercounted communities in NY-14. The campaign’s field team also organized grassroots efforts like phone banks, lit drops and tabling events to remind people to complete the Census. The team has also focused on reaching out to non-English speaking communities, and has built a robust team of bilingual workers and volunteers to make sure everyone is counted. 

Over 3,900 people committed to fill out the Census, since the launch of Team AOC’s Census efforts. With an average household size of 2.42 people and $6,000 for every person who is counted, that amounts to over $59.6 million dollars in federal funding for our community. 

NY-14 has been historically undercounted. In 2010, just 64% of households responded to the Census. Currently in NY-14, the self-response rate is 62%.

EDITOR'S NOTE:

While we congratulate the Team Ocasio campaign on trying to get people to fill out the census, we have highlighted that over 3,900 people committed to fill out the census. We must say that unless that number along with the exact household size can be proven, this is not a true fact, nor a correct amount of dollars that will come to NY14.

We must also add that federal funding streams have increased, or federal funding streams have decreased in past years. We would like to know just how the Team Ocasio  campaign came up with the amount $59.6 million dollars coming to NY14, when the exact number of people who actually filled out the census, and exact household size per person is not listed.

There were according to the 2010 U.S. Census report 712,053 people in NY14. According to the 2019 American Community Survey (By the U,S, Census Department estimate) 696,664 people in NY14, a drop of over 15,000 people since the 2010 U.S. census. After the Team Ocasio Census outreach that would still leave over 11,000 people less in NY14 amounting to almost triple the guestimate of the Team Ocasio claim, or a net loss of over $160 million dollars to NY14 in federal dollars.

Council Votes to Make Outdoor Dining Permanent, and Other Items Including Land Use Matters

 

The New York City Council voted on legislation to make outdoor dining permanent. During the COVID-19 pandemic, outdoor dining has offered restaurants a vital way to stay afloat but more is needed as the colder months approach. The Council today will vote to extend the program in its current form through Sept. 2021, and to allow propane heaters to be used by restaurants. Currently, only piped natural gas heaters (not propane) are allowed for use. This legislation will also require the city to create a permanent outdoor dining program for the future that uses city roadspace.

The virus has also financially hurt the taxi industry, which was struggling prior to the pandemic because of a decline in revenues and medallion values. The Council will be voting on a package of legislation aimed at providing increased oversight to this industry and combatting predatory lending practices, including through the creation of an Office of Financial Stability within the Taxi and Limousine Commission (TLC), which would be responsible for monitoring and evaluating the financial stability of the taxi industry.

A second bill would require annual financial disclosures from any person with an interest in a taxicab license. This bill would help to combat the issues resulting from a lack of information collected on the financial situations of TLC’s licensed owners, brokers and agents. This is especially problematic when the need to assess the financial situation of medallion owners and evaluate potential conflicts of interest regarding taxi-related businesses arises.

The final bill would require the TLC to evaluate the character, honesty and integrity of taxicab brokers, agents and licensees when they submit a new license application or when they submit an application to renew an existing license. TLC would be authorized to refuse to grant or renew a license based on findings during this process, such as the commission of fraudulent, deceitful or unlawful acts in connection with a business licensed by TLC.

The Council will also be voting on two additional bills that help seniors and housing affordability. The first reauthorizes the $50,000 maximum eligible income level for the Senior Citizen Rent Increase Exemption and the Disability Rent Increase Exemption programs, a move designed to conform the state bill. The second would amend the expiration date of the New York City Rent Stabilization Law of 1969, a move allowed by the state. Typically, a housing survey and vacancy survey is required to assess the need for rent stabilization, which is conducted by the US Census Bureau and the Housing and Preservation Development. This requirement has been waived this year because the census is busy with the 10-year national count.

Finally, the Council will be voting to appoint Stanley Richards to the NYC Board of Correction and José M. Araujo to the New York City Board of Elections. In addition, they will vote on several land use items. Also, on Thursday the Council’s Democratic Conference voted to appoint Rodney L. Pepe Souvenir to the New York City Board of Elections.

CONSUMER AFFAIRS

Int. No. 2127-A, sponsored by Council Member Antonio Reynoso, would extend the expiration of the City’s current outdoor dining program until September 30, 2021. That program would then be replaced by a permanent program to allow for the use of roadway seating as outdoor dining areas. The bill would permanently also allow the use of portable propane heaters in outdoor dining areas, subject to guidelines issued by the New York City Fire Department (FDNY).

TRANSPORTATION

Creates an Office of Financial Stability within the NYC Taxi and Limousine Commission

Int. No. 1610-A, sponsored by Council Member Ritchie J. Torres, would require the creation of an Office of Financial Stability within the NYC Taxi and Limousine Commission (TLC). The office would monitor and evaluate a range of factors related to the financial stability of the taxi industry, including income and expenses for medallion owners, medallion loan terms and market manipulation. The office would also be required to post online and submit to the Council, Mayor and Department of Investigation an annual report on the office’s activities, an assessment of the financial stability of the taxi industry and any recommendations regarding industry stability.

This bill would go into effect 120 days after becoming law.

Requires annual financial disclosures from anyone with an interest in a taxicab license

Int. No. 1584-A, sponsored by Council Member Adrienne E. Adams, would require any person with an interest in a taxi license to make annual financial disclosures to the Taxi and Limousine Commission (TLC). Required disclosures would include information about income from and expenses related to each taxi license, any loans secured by a taxi license and any other interests the person filing the disclosure has in any taxi, livery, or for-hire vehicle business.

This bill would go into effect 120 days after becoming law.

Requires the taxi and limousine commission to evaluate the character and integrity of taxicab brokers, agents, and taxicab licensees

Int. No. 1608-A, sponsored by Council Member Ydanis Rodriguez, would require the NYC Taxi and Limousine Commission (TLC) to evaluate the character, honesty and integrity of taxicab brokers, agents and licensees when they submit a new license application or when they submit an application to renew an existing license. The commission would be authorized to refuse to issue or renew a license upon a finding that an applicant lacks good character, honesty and integrity. The commission would consider, among other factors, misstatements or misrepresentations in connection with an application and commissions of fraudulent, deceitful or unlawful acts while engaged in the business licensed by the commission.

This bill would go into effect 180 days after becoming law.

HOUSING & BUILDINGS

Continues the New York City Rent Stabilization Law of 1969 through 2022

Int. No. 2093, sponsored by Council Member Robert E. Cornegy Jr., would amend the expiration date of the New York City Rent Stabilization Law. In order to maintain the City’s Rent Stabilization Law, a housing and vacancy survey (HVS) must be conducted in partnership with the United States Census Bureau. Due to the limited capacity of the Census Bureau to conduct the HVS concurrently with the decennial census, the State of New York passed legislation delaying the requirement of the survey by one year. To reflect the State’s extension of the deadline, this bill would shift the current expiration date of the City’s Rent Stabilization Law from April 1, 2021 to April 1, 2022. 

This bill would go into effect immediately.

AGING

Reauthorizes the $50,000 maximum eligible income level for the Senior Citizen Rent Increase Exemption (SCRIE) and the Disability Rent Increase Exemption (DRIE) programs

Int. No. 2030, sponsored by Council Member Margaret Chin, would increase the maximum income threshold for eligibility in both the Senior Citizen Rent Increase Exemption and the Disability Rent Increase Exemption programs, otherwise known as the NYC Rent Freeze Program. In 2014, New York State increased the income threshold to $50,000 through June 2020. The State authorized the income threshold increase after its expiration this year and as a result, the City of New York must do the same and reauthorize the extension.

The bill is retroactive and would extend the current qualifying maximum level of income through June 30, 2022.

LAND USE

1510 Broadway

An application in Council Member Alicka Ampry-Samuel’s district by HPD is seeking designation and approval of an Urban Development Action Area Project, to facilitate the construction of a new eight-story building with approximately 107 units of affordable housing with approximately 9,000 sq ft of ground floor commercial space.

Weeksville NCP at Prospect Place

An application in Council Member Alicka Ampry-Samuel’s district by HPD seeks designation of Urban Development Action Area Project approval for a new development of seven buildings with approximately 44 affordable rental units.

Old Stanley 641 Chauncey and Old Stanley II

An application in Council District 37 and Council Member Reynoso’s districts by HPD seeks designation and approval of Urban Development Action Area Project dispositions of City-owned property to facilitate the construction of three residential buildings with affordable homeownership units developed by a non-profit community-based developer.

Open Door Bed Stuy Central and North I

An application in Council Member Robert Cornegy’s district by HPD seeks approval of Urban Development Action Area Project waiver of the area designation requirement and Sections 197-c and 197-d of the New York City Charter, and approval of a real property tax exemption pursuant to Section 577 of Article XI of the Private Housing Finance Law to facilitate the construction of two two-family and nine-three family affordable homes.

Manida Street Historic District 

An application in Council Member Rafael Salamanca’s district by the Landmarks Preservation Commission seeks approval for the designation of a new Manida Street Historic District in the Hunts Point neighborhood of the South Bronx.

Beth Hamedrash Hagodol Synagogue 

An application in Council Member Margaret Chin’s district, by the Landmarks Preservation Commission (LPC) to rescind the designation. The building had been destroyed in a fire and has since been demolished.

Alexander Hamilton House (Hamilton Grange)

An application in Council Members Mark Levine and Bill Perkins districts, by the Landmarks Preservation Commission seeks approval of an amendment to update the designation location to reflect the current location at 414 W 141 Street. 

Kingsland Homestead

An application in Council Member Peter Koo’s district, by the Landmarks Preservation Commission to update the designation location to reflect the current location at 143-35 37th Avenue. 

5914 Bay Parkway

An application in Council Member Kalman Yeger’s district seeks a zoning map amendment and zoning text amendment to map Mandatory Inclusionary Housing on a portion of the east side of Bay Parkway between 59th and 60th Streets to facilitate a nine-story mixed-use building with 36 units of housing, 11 of which are affordable.

50 Old Fulton

An application in Council Member Stephen Levin’s district to rezone from M2-1 to M1-5 to facilitate the development of a five-story commercial building with approximately 33,000 sqf of retail and office space. 

3 St. Mark’s Place

An application in Council Member Carlina Rivera’s district, for a special permit pursuant to Zoning Resolution Section 74-79, to transfer unused development rights from an Individual Landmark site to facilitate the construction of a ten-story commercial building.  The land use committee recommended the disapproval of this item.                                                                                                                                 

Industry City

The Industry City Street applications were withdrawn by the applicant.

Schools with High Black and Hispanic Populations Had Low Student Engagement during Pandemic, City Data Shows

 

Council subpoenaed the Education Department to obtain the data

 New York City Council Speaker Corey Johnson and Education Committee Chair Mark Treyger announced key findings based on remote learning attendance data from the city Education Department (DOE), which was received in response to a subpoena issued by the New York City Council last month. That data on more than 1,500 schools shows racial disparities in student engagement – loosely defined as attendance that was tracked by student emails or participation in remote check-ins – during the COVID-19 pandemic. 

Highlights from the remote learning attendance data include:

• Schools where at least half the student population was Black and Hispanic were nearly eight times more likely to report low student engagement or poor attendance compared to schools with lower Black and Hispanic populations. 

• Schools where 25% or more of the students were Black were nearly four times more likely to report low student engagement than schools with fewer Black students

• Schools where 25% of more of the population was white showed high student engagement.

• These racial disparities data mirror attendance data from 2019, highlighting that these inequities continued during our pandemic.

“By forcing the Education Department to release attendance data on the pandemic, the City Council was able to confirm what many feared – that there were racial disparities in student engagement during remote learning. But we are still not seeing the full scope of the inequities that exist in remote learning because we don’t have specifics on what type of instruction these students received. The school system’s policy is to say a student attended even if all they did was send a text or email. The de Blasio Administration needs to provide us with more clarity and understanding of remote learning during COVID-19 so we can properly address the disparities and provide the support New York City’s students need. I thank Education Committee Chair Treyger for his leadership on this issue and for always being our students’ biggest advocate,” said Speaker Corey Johnson.

“The City administration cannot dismiss the significance of this concerning attendance data. It further paints a picture of a city perpetuating the divide between well-resourced and under-resourced communities. At the May hearing on remote learning, I asked how many kids never logged onto a device. I asked for school by school attendance data because as a former teacher, I understand how attendance is a major indicator of student progress and school climate. We need this information to know how to target and fight for additional support for kids who need it the most,” said Council Member Mark Treyger, Chair of the Committee on Education.  

The data was originally requested in May by Education Chair Treyger at an oversight hearing titled, “Remote Learning: The Impact of Coronavirus (COVID-19) on the City’s Schools.” The daily remote learning attendance data provided by the Education Department is from April 6 – June 26 for the Spring 2020 semester, July 6 to August 14 for the Summer 2020 semester, and September 16 and 17 for the Fall semester. 

New York City schools shut down on March 16, 2020. Schools transitioned to remote learning a week later but after six months there are still unresolved issues that are preventing students from receiving a high-quality remote education, such as access to the internet and mandated special education services.

Remote learning attendance data is critical, but it doesn’t tell us if the student is really interacting with the teacher. On Friday, during an oversight hearing on school reopening by Council Committees on Education and Health, the Council will review two bills designed to obtain better metrics.

The hearing will review Intro 2104-2020 (Treyger) which would require the Education Department to report on a series of metrics any time the department is engaged in remote learning such as participation in synchronous and/or asynchronous remote learning instruction, IEP evaluations completed as well as mandated services provided to students with disabilities, among other metrics. The first report would be due on August 1, 2021, for the 2020-2021 academic year, and the 2019-2020 academic year report would be due on February 1, 2021. 

The second bill, Intro 2058-2020 (Public Advocate Jumaane Williams and Treyger), would require the Education Department to provide weekly mandated reports on student attendance data when remote learning is utilized fully or combined with in-person learning. The data would be required to be disaggregated by the school, school district, grade, race, individualized education plan status, multilingual language learner status and English language learner status.

You can access the DOE’s full data set on remote learning attendance here.

[1] For the purposes of this table, a school encountered a significant barrier to student interaction if its median daily student interaction rate for the period was low enough to put it in the bottom 20% of all schools. For Spring 2020, this means an interaction rate below about 79%, and for Spring 2019, it means a rate below about 89%.

[1] DOE’s attendance data for Spring 2019 can be found on the NYC Open Data Portal athttps://data.cityofnewyork.us/Education/2018-2019-Daily-Attendance/x3bb-kg5j.

[1] Student populations were estimated using Fall 2020 enrollment data provided in DOE’s subpoena response materials.

[1] COVID-19 data for each zip code is maintained by the NYC Department of Health and Mental Hygiene and can be found online at https://github.com/nychealth/coronavirus-data. A “high” COVID-19 death rate means a death rate that would put the zip code in the top 20% of all zip codes.

Governor Cuomo Announces State to Provide 200,000 Rapid Test Kits to New York City Schools in "Yellow Zones" - OCTOBER 15, 2020

 

Statewide Positivity Rate is 1.09 Percent

Positive Testing Rate in Hot Spot Areas is 4.84 Percent; New York State Positivity Without Red Zone Focus Areas Included is 0.99 Percent

13 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today announced that the state will provide 200,000 rapid test kits to New York City schools in "Yellow Zones." On October 9, Governor Cuomo announced that COVID-19 rapid result testing will be made available to every county in New York State. Those tests will also be made available on an as needed basis to help schools in "Yellow Zones" test students and staff as part of new requirements to monitor COVID-19 spread as part of the Governor's Cluster Action Initiative.

"I've asked local governments to do testing in the schools surrounding the Red Zones, in what we call Yellow Zones. Some of the local governments have said they don't have enough tests to do it. I've said if you need something, tell me and I'll provide it," Governor Cuomo said. "We're going to give New York City 200,000 test kits so they can do the tests in the schools in the Yellow Zones."

In "Red Zone" focus areas included as part of the Governor's Cluster Action Initiative, the positivity rate for test results reported yesterday is 4.84 percent - down from 6.29 percent the day before. The "Red Zone" focus areas are home to 2.8 percent of state's population, yet had 11.5 percent of all positive cases reported yesterday to New York State. 

Within the "Red Zone" focus areas, 3,473 test results were reported yesterday, yielding 168 positives or a 4.84 percent positivity rate. In the remainder of the state, not counting these "Red Zone" focus areas, 129,739 test results were reported, yielding 1,292 positives or a 0.99 percent positivity rate. The state's overall positivity rate is 1.09 percent with focus areas included. The "Red Zone" focus areas are home to 2.8 percent of the state population yet had 11.5 percent of all positive test results reported to the state yesterday, and 11.9 percent of all positive case results reported to the state this current week.

Today's data is summarized briefly below:

• Patient Hospitalization - 897 (-41)
• Patients Newly Admitted - 108
• Hospital Counties - 40
• Number ICU - 197 (-4)
• Number ICU with Intubation - 95 (-5)
• Total Discharges - 78,006 (+136)
• Deaths - 13
• Total Deaths - 25,618

United States Settles Fair Housing Act Lawsuits Against Affordable Housing Developer For Failure To Construct Apartments With Features Accessible To Persons With Disabilities

 

Settlement Requires Developer to Increase Accessibility in 71 Buildings Encompassing More Than 6,000 Rental Apartments

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that the United States has settled two related federal Fair Housing Act (“FHA”) lawsuits against ATLANTIC DEVELOPMENT GROUP, LLC (“ATLANTIC”).  Under the settlement, ATLANTIC has agreed to make retrofits at 71 rental buildings in the Bronx, Manhattan, and Westchester County, which together contain more than 6,000 affordable units as well as several hundred market-rate apartments.  ATLANTIC also agreed to provide $600,000 to compensate aggrieved persons and pay a $30,000 civil penalty.  Additionally, ATLANTIC agreed to establish procedures to ensure that its future residential development projects will comply with the accessibility requirements of the FHA.  The settlement was approved today by U.S. District Judge Lewis J. Liman. 

Acting U.S. Attorney Audrey Strauss said:  “The Fair Housing Act protects people with disabilities from being treated as second-class citizens when it comes to housing.  This right applies equally to residents in affordable housing as to those living in luxury high-rises.  Today’s settlement is part of this Office’s long-standing effort to fulfill the FHA’s promise of accessibility for people with disabilities and a reminder to real estate developers that we will continue to enforce the FHA’s accessibility requirements vigorously.”

The FHA’s accessible design and construction provisions require multifamily housing complexes constructed after January 1991 to have basic features accessible to persons with disabilities.  The settlement with ATLANTIC is the 17th settlement reached by this Office with developers and architects to remedy inaccessible housing in this District.  It was reached after the Court denied in its entirety ATLANTIC’s motion to dismiss.

According to the allegations in the complaints in the two FHA cases, a recurring pattern of inaccessible conditions exists at ATLANTIC’s rental buildings, including excessively high thresholds at building entrances and entrances to common use areas, ramps that lack handrails on both sides, common use bathrooms that lack grab bars and pipe insulation, excessively high thresholds at entrances to individual apartments and within the apartments, and bathrooms in individual apartments that lack sufficient clear floor space for people who use wheelchairs.   ATLANTIC admitted in the court-ordered settlement stipulation that features in the common use areas of their buildings, as well as in their buildings’ apartment interiors, did not meet the specifications set forth in the Fair Housing Accessibility Guidelines, Design Guidelines for Accessible/Adaptable Dwellings.

Under the settlement, ATLANTIC agreed to make retrofits to the public and common use areas as well as the individual units at its 71 rental buildings to improve accessibility at those buildings.  The settlement also requires ATLANTIC to establish procedures to ensure FHA compliance at its future development projects, including to retain an FHA compliance consultant to assess the design documents and conduct site visits to identify non-compliant conditions.  In addition, ATLANTIC agreed to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.

Finally, the settlement requires ATLANTIC to provide $600,000 to compensate aggrieved persons.  Aggrieved persons may be entitled to monetary compensation from the fund created through today’s settlement.  Aggrieved individuals may include those who:

• Were discouraged from living at one of Atlantic’s rental buildings because of the lack of accessible features;
• Have been hurt in any way by the lack of accessible features at one of Atlantic’s rental buildings;
• Paid to have an apartment at one of Atlantic’s rental buildings made more accessible to persons with disabilities; or
• Otherwise were discriminated against on the basis of disability at one of Atlantic’s rental buildings as a result of inaccessible design and construction.

Any individual who may be entitled to compensation can file a claim by using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:

• U.S. Attorney’s Office, Southern District of New York      
• 86 Chambers Street, 3rd Floor                      
• New York, New York 10007      
• Attention: Chief, Civil Rights Unit

Finally, ATLANTIC agreed to pay a civil penalty of $30,000.