Tuesday, October 20, 2020

NEW YORK CITY ACHIEVES HISTORIC CENSUS SELF-RESPONSE RATE IN 2020

 

City will remain vigilant regarding final census results and ongoing litigation attempting to exclude immigrants from the congressional apportionment count


 Mayor de Blasio and NYC Census 2020 Director Julie Menin announced today preliminary self-response data based on the City of New York’s first-of-its-kind campaign to ensure a complete and accurate count of all New Yorkers in a decennial census.

 

As of Saturday, October 17, 2020, New York City registered a historic 61.8 percent self-response rate to the 2020 Census, a figure that far outpaced most major cities in the United States, as well as the Census Bureau’s own pre-COVID estimate for self-response in the New York City area,  which was 58 percent. New York City’s self-response rate is higher than most demographically similar cities in the United States, including Los Angeles, Chicago, Boston, Philadelphia, Baltimore, Detroit, Atlanta, Miami, Orlando, Houston, and Dallas, among others.

 

“New York City was not intimidated. Thanks to our efforts and the power of grassroots organizing, we stood and were counted, even in the face of COVID and presidential obstruction,” said Mayor Bill de Blasio. “This campaign was an important reflection of our values, and we will continue to remain vigilant as the Census Bureau delivers its state population counts.”

 

“A complete census count can serve as a powerful step to right systemic wrongs that have robbed Black, Brown, and immigrant communities of their fair share of representation and funding, which makes a complete census count one of the great civil rights battles of today,” said J. Philip Thompson, Deputy Mayor for Strategic Policy Initiatives. “Our city’s effort was innovative at every turn, despite every obstacle that was thrown our way. We have made an important first step toward a complete count, and now we must stand guard as the Trump administration continues to oversee the Census Bureau’s processing of 2020 data.”

 

“We are very proud of the strong finish for New York in this national contest for resources and representation.  Given the dire fiscal situation our city faces post COVID, every household of more than two persons who responded to the census means approximately $7,000 for our city,” said Julie Menin, Director of NYC Census 2020 and Executive Assistant Corporation Counsel, NYC Law Department. “That’s why we will very closely monitor final census results when they’re released on December 31. We know that cutting the census short created a number of challenges for the U.S. Census Bureau’s door-knocking operation and we will fight to ensure that New Yorkers receive their fair share of federal funding and political representation.”

 

“We are deeply grateful for each individual who helped us reach all corners of the five boroughs to inform immigrant New Yorkers of their right to be counted in the census and to exercise their power. We celebrate New York City’s self-response rate and recognize that it’s a testament to the incredible mobilization made possible by the tireless efforts of so many,” said Bitta Mostofi, Commissioner of the Mayor's Office of Immigrant Affairs. “New York City was proud to join the litigation to keep the citizenship question off the census, so it is safe for all. We will continue to fight the Trump administration’s relentless, anti-democratic attempts to stoke fear and misinformation about the census so we will ensure that every New Yorker, regardless of their immigration status, is seen and heard.”

 

Key Census Campaign Achievements:

 

  • Historic self-response: 61.8 percent self-response, surpassing no fewer than a dozen major cities in the U.S., as well as the Census Bureau’s pre-COVID estimate for self-response in the New York City area.
  • More than seven million text messages: More than seven million texts have been sent to New Yorkers reminding them to complete the census and/or assisting them with completing the census
  • More than four million calls: More than four million calls have been made to New Yorkers reminding them to complete the census and/or assisting them with completing the census
  • Close to one million New Yorkers clicked: Close to one million New Yorkers directly clicked on our digital advertisements directly linking viewers to the Census Bureau’s self-response page
  • Approximately half-a-million households: More than 470,000 New York City households, representing no less than 1.23 million New Yorkers, have been counted or directly assisted as a result of NYC Census 2020’s Campaign. This does not include New Yorkers who completed the census after seeing or hearing a NYC Census 2020 ad campaign.
  • More than 1,000 events: NYC Census 2020 and its partners organized or participated in more than 1,000 events in under a year, both in-person and virtual, regarding census participation
  • 34 media campaigns in 27 languages: NYC Census designed and launched a record-breaking 34 media campaigns in 27 languages - the most the City has ever done - to reach all New Yorkers. PSAs featured figures like Cardi B and Alicia Keys.
  • Three out of five boroughs surpassed their 2010 response: Number of boroughs surpassing their 2010 response rates (Queens, Brooklyn, and Staten Island).
  • 157 awardees: Number of NYC Complete Count Fund awardees - collectively, the recipients of $16 million funding for census education, outreach, organizing, and advocacy
  • More than 80: Number of languages in which NYC Complete Count Fund awardees serve New Yorkers
  • 16: Number of Citywide Partners - key partners responsible for developing strategy, identifying resources and tactics, as well as implementation and amplification

 

The de Blasio administration expresses its special thanks to the Citywide Partner Group, which consists of 15 organizations funded discretionarily by the City Council, as well as the City University of New York, with which the City worked to develop a citywide strategy for turning out self-response and implemented tactics across various sectors and communities to ensure increases in self-response were achieved.

 


ABNY (Melva Miller, Aliya Bhatia, and Steven Rubenstein) 

 

City University of New York (Chancellor Matos Rodríguez, John Mogulescu, Gary Dine, John Mollenkopf, and Colette Labrador) 

 

Asian American Foundation (Jo-Ann Yoo, Howard Shih, and Mariam Rauf) 

 

FPWA (Jennifer Jones Austin and Yolanda Richard) 

 

Asian Americans for Equality (Jennifer Sun and Thomas Yu) 

 

Hester Street (Betsy MacLean and Vanessa Monique Smith) 

 

Brooklyn NAACP (L. Joy Williams) 

 

Hispanic Federation (Frankie Miranda and Emely Paez) 

 

Center for Law & Social Justice, Medgar Evers College (Lurie Daniel Favors and Esmeralda Simmons) 

 

Make the Road - NY (Tony Alarcon, Javier Valdés, Deborah Axt, Theo Oshiro, and Daniel Altschuler) 

 

Chinese-American Planning Council (Wayne Ho and Amy Torres) 

 

New York Immigration Coalition (Meeta Anand, Natalie Bernstein, Murad Awawdeh, Steve Choi, Betsy Plum) 

 

Community Resource Exchange (Katie Leonberger, Louisa Hackett, and George Hsieh) 

 

NALEO Educational Fund (Juan Rosa) 

 

United Neighborhood Houses  

(Susan Stamler, Lena Cohen, and Nora Moran) 

 

United Way of New York City (Sheena Wright, Lemuria Alawode-El, Lesleigh Irish-Underwood, Rucha Gadre, Melina Pope) 

 

 

 

The de Blasio administration also expresses gratitude to the New York City Council Census Task Force, convened by Speaker Johnson and co-chaired by Council Members Carlina Rivera and Carlos Menchaca, which was particularly active in helping to achieve our historic self-response rate.

 

New York City remains vigilant about the next steps for the census, which is not yet over, and ongoing litigation attempting to exclude immigrants from the congressional apportionment count. The Census Bureau’s rushed data processing timeline of just two months is a cause for real concern.

 

The de Blasio administration has previously called on Congress to extend the reporting deadline for census data, a move that is all the more necessary and urgent, considering that there is reportedly a large amount of door-knocking data that is thought to be inconsistent, incomplete, or inaccurate as a result of the shortened timeline.

 

About NYC Census 2020

NYC Census 2020 is a first-of-its-kind organizing initiative that was established by Mayor de Blasio in January 2019 to ensure a complete and accurate count of all New Yorkers in the 2020 Census. This $40 million program is built on four pillars: (1) a $19 million community-based awards program, The New York City Complete Count Fund, empowering 157 community-based organizations and CUNY to engage historically undercounted communities around the 2020 Census; (2) an in-house “Get Out the Count” field campaign supported by the smart use of cutting-edge data and organizing technology, and a volunteer organizing program to promote a complete count in each of the city’s 245 neighborhoods; (3) an innovative, multilingual, tailored messaging and marketing campaign, including a $3 million commitment to investing in community and ethnic media to reach every New York City community; as well as (4) an in-depth Agency and Partnerships engagement plan, including libraries, hospitals, faith-based communities, cultural institutions, and more.

 

 

Monday, October 19, 2020

Senior Executive Of Venture Capital Funds Pleads Guilty In Manhattan Federal Court To Securities And Wire Fraud

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced today that MARC LAWRENCE pled guilty to securities fraud and wire fraud in connection with his role as a senior executive of a number of corporate entities (collectively referred to as “Downing”) that were operated as a Ponzi-like scheme.  LAWRENCE solicited millions of dollars from Downing investors through materially false and misleading statements regarding, among other things, Downing’s use of investor proceeds, sources of funding, financial condition and ability to pay salaries to employee-investors, and portfolio companies.  LAWRENCE pled guilty before U.S. District Judge Alvin K. Hellerstein.  LAWRENCE’s co-defendant, David Wagner, the chief executive officer of Downing, previously pled guilty to securities fraud and wire fraud before Judge Hellerstein on September 21, 2020.

Acting Manhattan U.S. Attorney Audrey Strauss said:  “As he admitted in court, Marc Lawrence and his co-defendant swindled employee-investors of their purported venture capital firm.  They fraudulently induced employee-investors to hand over more than $8 million that was supposed to be invested in profitable business operations.  The firm was a sham, and employee-investor funds were used to pay personal expenses or pay off other investors in Ponzi-like fashion.  Now Lawrence awaits sentencing for his crimes.”

According to the Indictment filed in Manhattan federal court:

From at least in or about December 2013 through at least in or about 2017, Wagner, the chief executive officer of Downing, and LAWRENCE, the president of several Downing entities, solicited investments in Downing, a purported venture capital firm that would invest in healthcare start-ups referred to as “portfolio companies” and provide sales, operations, and management expertise to the portfolio companies in order to bring their products to market and generate returns for Downing investors, who also worked for Downing (the “employee-investors”).  Wagner and LAWRENCE, and others acting at their direction, solicited more than approximately $8 million in investments in Downing from employee-investors located across the United States, including in the Southern District of New York, as a requirement of employment with Downing. 

After making the required investment of between $150,000 and $250,000 in Downing and starting their employment at Downing, employee-investors soon learned, among other things, that contrary to representations made by Wagner and LAWRENCE, and others acting at their direction, Downing did not have access to millions of dollars in funding, often could not make payroll, had virtually no products to sell, and employee investments were the overwhelming source of funding.  Employee-investors also learned that Wagner and LAWRENCE had misrepresented the companies in Downing’s portfolio, their product readiness, and ability to generate revenue.  While the particular formulation of these misrepresentations shifted over time, Wagner and LAWRENCE systematically sought and obtained employee-investor money through materially false and misleading statements.

Beginning in or about May 2016, after several employee-investors had brought lawsuits against Wagner, LAWRENCE, and several Downing entities alleging claims based on, among other things, fraud, Wagner and LAWRENCE continued the scheme by recruiting employee-investors into a new company called Cliniflow Technologies, LLC (“Cliniflow”), through materially false and misleading statements about Cliniflow’s cash reserves, portfolio companies, and exposure to litigation.  In fact, Cliniflow purportedly held majority ownership in the same primary portfolio company as other Downing entities and was simply a new name used by Wagner and LAWRENCE to solicit investments from new employee-investors that was not tainted by the lawsuits filed against Downing entities.  A majority of the over $1.5 million raised by Wagner and LAWRENCE through Cliniflow was transferred to other Downing entities and used to pay for, among other things, Wagner’s personal expenses and the repayment of prior investors.

LAWRENCE, 66, of St. Petersburg, Florida, pled guilty to two counts of securities fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  As part of the plea agreement with the Government, LAWRENCE agreed to forfeit $150,000 in United States currency and pay restitution of $4,550,000 to victims of his criminal conduct.  

LAWRENCE will be sentenced by Judge Hellerstein on February 1, 2021, at 2:30 p.m. 

Ms. Strauss praised the outstanding work of the Federal Bureau of Investigation, and thanked the U.S. Securities and Exchange Commission and the Enforcement Section of the Massachusetts Securities Division for their assistance in the investigation. 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - OCTOBER 19, 2020

 

Statewide Positivity Rate is 1.21 Percent

Positive Testing Rate in Hot Spot Areas is 3.31 Percent; New York State Positivity Without Red Zone Focus Areas Included is 1.13 Percent

14 COVID-19 Deaths in New York State Yesterday

Expanded Community Testing Continues This Week In Southern Tier, Western New York Counties Along PA Border  

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"New York has one of the lowest positivity rates in the nation, but cases are rising across the nation. When we put our infection rate in context, we're doing well - and we're doing well because we're aggressive when we see hot spots. Our micro-cluster approach for the fall targets outbreaks sooner, and with a targeted focus," Governor Cuomo said. "We all hope the winter will be the season of the vaccine, but administering the vaccine will be the largest operational challenge we've faced since this began, and we need the federal government to step up. In the meantime, we all need to work to maintain our progress by continuing to wear our masks, wash our hands, remain socially distant and above all, stay New York Tough."

The Governor updated New Yorkers on the State's response to COVID-19. In "Red Zone" focus areas included as part of the Governor's Cluster Action Initiative, the positivity rate for test results reported yesterday is 3.31 percent - up from 3.19 percent the day before.

Within the "Red Zone" focus areas, 3,016 test results were reported yesterday, yielding 100 positives or a 3.31 percent positivity rate. In the remainder of the state, not counting these "Red Zone" focus areas, 78,993 test results were reported, yielding 898 positives or a 1.13 percent positivity rate. The state's overall positivity rate is 1.21 percent with focus areas included. The "Red Zone" focus areas are home to 2.8 percent of the state population yet had 10 percent of all positive test results reported to the state yesterday.

Today's data is summarized briefly below:

  • Patient Hospitalization - 934 (+21)
  • Patients Newly Admitted - 98
  • Hospital Counties - 41
  • Number ICU - 198 (-2)
  • Number ICU with Intubation - 106 (+4)
  • Total Discharges - 78,442 (+80)
  • Deaths - 14
  • Total Deaths - 25,659


Councilwoman Vanessa Gibson and 12th City Council Candidate Coop-City Food and Reusable Bag Giveaway

 

The Metropolitan Council donated three-hundred boxes of food, and reusable shopping bags with a face mask and small bottle of spray hand sanitizer was provided by Empire Health Plan and more reusable bags by the Department of Sanitation.

Term Limited Councilwoman Vanessa Gibson has announced her intention to run for Bronx Borough President in 2021 when current Bronx Borough President Ruben Diaz Jr. is term-limited out of office. Kevin Riley, an aide in Assemblyman Carl Heastie's office, is running in the December 22nd special election to fill the now vacant 12th City Council seat. 


Above - Councilwoman Vanessa Gibson and 12th City Council candidate Kevin Riley hold boxes of food for the next two people on line. 

Below - Councilwoman and announced Bronx BP candidate Gibson does her impression of the current Bronx BP putting a box of food in this person's wagon.





Above - The boxes of food waiting to be given out.

Below - The table with the reusable shopping bags to be given out.



Making NYC More Resilient: Public Review Begins for DCP’s Important Zoning for Coastal Flood Resiliency

 

Proposed zoning would make new construction more resilient to disasters, including today’s COVID-19 pandemic; allow for better and faster building repairs; ensure seniors in nursing homes are better protected   

 City Planning Commission (CPC) Chair Marisa Lago today announced the start of public review for Zoning for Coastal Flood Resiliency (ZCFR), newly proposed citywide zoning rules that would result in buildings that are better able to withstand and recover from major disasters and sea level rise and which will also translate to lower flood insurance costs.

“As we near its eight-year anniversary, Hurricane Sandy continues to serve as a painful reminder that we must continue to adapt to the ever-so-real threats of climate change. This includes updating our zoning to help New Yorkers build, and rebuild, more resiliently. This new zoning makes floodproofing in New York City’s neighborhoods much easier, whether you’re building a new home or apartment building, expanding your business, or simply elevating your boiler,” CPC Chair Marisa Lago said. “This new zoning also provides needed flexibility to address all types of future disasters, whether another climate event or today’s COVID-19 pandemic.”

ZCFR reinforces one of the most important lessons from Hurricane Sandy: Strong building codes make a big difference.

Currently, buildings are restricted by zoning regulations that do not take resiliency into account and thus force New Yorkers to choose between interior space and resiliency improvements. ZCFR will make it easier for buildings to meet or exceed modern resiliency codes without sacrificing their basement, for example, by adding some much-needed zoning flexibility.

Critically, the proposal will limit construction of new nursing homes in high-risk areas because of their vulnerable residents.

New York City has 520 miles of coastline, making many neighborhoods vulnerable to flooding during storm events and sea level rise. The proposed rules cover an area that is home to 800,000 New Yorkers, more people than live in Boston and two times as many as in New Orleans. Because the proposal is a citywide text amendment, all 59 community boards and all five borough presidents are required to weigh in on the proposal.

DCP is also releasing Floodplain by the Numbers, a report highlighting the long-term recovery progress and resiliency challenges facing the City’s diverse waterfront communities, including the fact that homes built prior to flood-resistant codes suffered higher average costs more than double those constructed to modern resiliency standards. 

ZCFR would improve and make permanent resilient zoning provisions initially put in place to help the City recover from Sandy. Since 2016, planners at the Department of City Planning (DCP) have spoken with about 3,000 New Yorkers at more than 225 events, including with elected officials, community boards, civic associations, non-profits, architects and engineers, garnering ideas and feedback from the public to develop and strengthen the proposal.

 The proposal’s four main goals:

·         Encourage resiliency in the current and future floodplain: ZCFR would expand the area where flood resilient zoning provisions apply, so that buildings in both the City’s 1% annual chance floodplain and 0.2% annual chance floodplain, those areas of New York City that, by 2050, are also expected to have a 1% chance of a flood event in any given year, can meet or exceed the flood-resistant construction standards set by FEMA or NYC’s Building Code. This expanded floodplain increases the number of buildings that could be retrofitted to resiliency standards by nearly 50%, allowing building owners throughout the City’s floodplain to proactively raise living space and important equipment out of harm’s way.

 

·         Support long-term resilient design of all building types: Flexible zoning would allow building owners to raise habitable spaces and other building support features above expected flood elevations, without causing poorly designed, tall and narrow structures that don’t match neighboring homes. Regulations would incentivize active uses to be kept at the sidewalk level, and floodproofed ground floors with improved streetscapes.

 

·         Allow for adaptation over time through incremental retrofits: ZCFR would allow buildings to elevate or relocate important mechanical, electrical and plumbing equipment, or backup systems like generators, above the expected height of floodwaters. This can be done either within the building, atop of the structure, or on a separate platform.

 

·         Facilitate future recovery by reducing regulatory obstacles: As seen by the COVID-19 pandemic, disasters arrive in all forms. Rather than writing new emergency provisions each time a crisis strikes, ZCFR would place recovery provisions in the Zoning Resolution, so they can be quickly selected based on the issues caused by the disaster and recovery period. These provisions include cutting down on red tape and paperwork, and allowing additional time for an affected, grandfathered business to reopen, even if it doesn’t conform with current zoning. 

In parts of the City that fall within the 1% floodplain, ZCFR would limit the siting of new nursing homes to lessen both the health consequences and logistical challenges of evacuating this particularly vulnerable population. Existing nursing homes in the floodplain can build enlargements of up to 15,000 square feet, allowing for modest improvements like resiliency measures. 

Through these changes, ZCFR expands temporary rules that were adopted by the City in 2013, months after Sandy. The temporary rules are set to expire one year after FEMA’s new flood maps are released, likely in 2024. 

“Most of New York City’s homes and buildings were constructed at a time when we knew far less about the threats posed by flooding,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “These new, more flexible rules were designed with climate change in mind and will make it easier for New Yorkers to strengthen their buildings with resiliency retrofits. We encourage all New Yorkers to learn more about their flood risks at FloodHelpNY.org and to enroll in flood insurance.” 

“We’ve seen firsthand the devastating impact climate change can have on our City’s coastal communities,” said Department of Buildings Commissioner Melanie E. La Rocca. “We commend the Department of City Planning for proactively working to help New Yorkers in flood-prone neighborhoods better protect their homes and livelihoods.”

In addition to ZCFR, DCP is also starting public review for zoning changes in three neighborhoods as part of DCP’s Resilient Neighborhood Initiative – Gerritsen Beach and Sheepshead Bay in Brooklyn, and Old Howard Beach in Queens. These actions address resiliency challenges that are specific to the conditions found in these areas:

In Gerritsen Beach, zoning changes, including the establishment of a new Special Coastal Risk District, are proposed to limit future density and cap building heights at 25 feet above the flood elevation to more closely match the area’s built character.

In Sheepshead Bay, the existing Special Sheepshead Bay District would be updated to align it with ZCFR and prohibit below-grade plazas, which are especially prone to flooding.

In Old Howard Beach, zoning changes are proposed to limit the construction of attached homes, which are harder to retrofit and elevate than detached homes because of their shared walls. 

“We applaud the Department of City Planning for proposing these zoning changes that will increase community resiliency and save homeowners money on their flood insurance premiums,” said Christie Peale, CEO/Executive Director for the Center for NYC Neighborhoods. “These progressive changes will remove obstacles to neighborhood resiliency, not only for homeowners and their tenants who are currently at risk of flooding, but also for communities that will face additional flood risk by 2050. We are also gratified that this forward-looking framework will allow for flexible zoning to allow homeowners to retrofit their properties in a manner that maintains neighborhood integrity.”

 

The launch of the seven-month public review process starts the clock for ZCFR, as well as the three neighborhood-specific actions. ZCFR will go to all 59 Community Boards for review, followed by the five Borough Presidents and Borough Boards. The three neighborhood-specific actions will only go before their respective local Community Boards and Borough Presidents. ZCFR and the three local actions will then go to the City Planning Commission for a public hearing and vote, followed by the City Council.


Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.