Tuesday, October 27, 2020

AG James Secures More Than $613,000 from Developers for Flouting Rent-Stabilization Requirements and Deceiving Tenants

 

Developers of Four Properties Admit Violating 421-a Tax Exemption Rules

 New York Attorney General Letitia James today announced agreements in four cases involving developers failing to comply with rent-stabilization requirements. The 421-a program provides partial property tax exemptions to real estate developers that build qualifying new housing in New York City. Under New York state law, developers that apply for and receive 421-a tax benefits must register the apartments as rent stabilized and provide the tenants with rent-stabilized leases, rights, and protections, unless the properties are exempt from these requirements because they are operated as a condominium or cooperative. The developers of the Bridgeview Tower Condominium in Long Island City, 5-11 50th Avenue in Long Island City, 33 Bay 41st St in Brooklyn, and 63-36 99th St in Rego Park, all received 421-a tax benefits, but failed to adhere to the relevant requirements.

“Rent-stabilization laws exist to protect tenants, and we will not let landlords or developers circumvent them,” said Attorney General James. “The agreements announced today affirm my office’s commitment to promoting access to safe, affordable housing for all New Yorkers. This is a notice to all bad actors seeking to take advantage of tenants: Not on my watch.”

The settlements involve four cases involving separate properties and developers. In the case of the Bridgeview Tower Condominium (Bridgeview Tower) in Long Island City, an agreement was reached with the sponsor of the building’s offering plan, Queens Bridgeview Tower, LLC, and its principals Zehao Fang, Simon Hung, and Austin Ting. The sponsor of Bridgeview Tower submitted an application for 421-a tax benefits to the New York City Department of Housing Preservation and Development (HPD), indicating that the building would be a condominium and thus not subject to rent-stabilization requirements. OAG subsequently discovered that all residential units in the building eventually became occupied by tenants, but the sponsor failed to treat the tenants as rent-stabilized under the terms of the 421-a partial tax exemption. As a result of the agreement, the sponsor is required to pay a $150,000 penalty, which will be used by HPD to provide affordable housing in New York City. The sponsor also is required to treat all tenants in the building as rent-stabilized and refund any illegal overcharges.

The second case involves the sponsor of 5-11 50th Avenue Condominium in Long Island City, 5-11 Realty, LLC, and its principals, Joseph Escarfullery, Elizabeth Petrossian, and Hyunseon Chung. The sponsor falsely represented to OAG that the building was vacant, even though it was occupied by residential tenants. The sponsor also received 421-a tax benefits for approximately 15 years, but failed to provide tenants with rent-stabilized leases and illegally overcharged tenants. The sponsor is required to pay $178,842 in restitution, which will be used by HPD to provide affordable housing to New Yorkers and refund $21,158 to tenants who were illegally overcharged. The sponsor also was required to treat the tenants as rent-stabilized and lower the rents to amounts permitted by law.

The third case involves the sponsor of 33 Bay 41st Street Condominium in Brooklyn, Wheelock Development, LLC, and its principals Tai Wah Liu, Lai Kuen Wong, Siu Yau Liu, Nenmei Chen, and Chun Kan Cheng. The sponsor illegally rented apartments prior to the completion of the building’s offering plan and failed to offer the tenants rent-stabilized leases despite receiving 421-a tax benefits. Under the agreement, the sponsor paid a penalty of $18,000 and also paid $13,000 in restitution to HPD to finance affordable housing in New York City. In addition, the sponsor is required to treat the tenants as rent-stabilized.

The final case announced today concerns the sponsor of the Millennium 99 Condominium at 63-36 99th Street in Rego Park, Tuhsur Development, LLC, and its principals, Yan Moshe and Vlad Moshe. The sponsor failed to treat certain tenants in the building as rent-stabilized and overcharged multiple tenants by thousands of dollars each. The sponsor also attempted to evict tenants of a unit, who were illegally overcharged, for non-payment of rent, even though the tenants actually were owed a refund of $22,042. Tuhsur Development was required to pay $159,592 in restitution to be used by HPD to provide affordable housing, $43,066 to tenants that were illegally overcharged, and a $30,000 penalty, as well as lowering the rents of certain units and discontinuing any eviction proceedings against the overcharged tenants.

BRONX DISTRICT ATTORNEY’S OFFICE & NYPD GUN BUYBACK YIELDS 136 FIREARMS, MOSTLY HANDGUNS;

 

74 iPads Were Distributed at Event Last Saturday at Bronx Church

 District Attorney Darcel D. Clark today announced that 136 guns—mostly revolvers and semi-automatic pistols—were turned in at the Bronx Gun Buyback held on Saturday October 24, 2020 at St. Luke’s Episcopal Church. Seventy-four participants received an iPad, courtesy of the Bronx DA’s Office and the New York Yankees, as well as a cash card. 

 District Attorney Clark said, “I am pleased that there are 136 less firearms in homes or on the streets. This event was an opportunity for people to turn in guns, no questions asked, and receive cash AND a useful tool to help their children’s education. I thank the NYPD and Rev. Pierre-Andre Duvert, pastor of St. Luke’s, as well as the New York Yankees, for helping us with our goal of eradicating gun violence in the Bronx.”


DA Clark and NYPD Chief Jeffrey Maddrey inspect the firearms including more than 90 revolvers and semi-automatic pistols, one assault rifle, two sawed-off shotguns, and assorted rifles, starter pistols and BB guns.

Comptroller Stringer Calls on NYCHA to Protect Tenants During Winter Months Amid COVID-19

 

Stringer demands NYCHA expedite capital projects to address chronic issues before potential second wave of COVID-19

NYCHA buildings experienced over 3,600 elevator outages in September alone, which can force residents to crowd into fewer functional elevators

In certain senior-only NYCHA developments, more than 7 out of every 100 residents were infected last spring

 New York City Comptroller Scott M. Stringer called on Mayor Bill de Blasio and NYCHA Chair and Chief Executive Officer Gregory Russ to address alarming ventilation deficiencies and other conditions in NYCHA buildings that leave residents vulnerable to a potential second wave of COVID-19 during the winter months. In his letter, Comptroller Stringer called on the agency to expedite capital projects that address chronic issues across New York City’s 326 public housing developments – from poor ventilation and elevator outages, to broken boilers and mold outbreaks – that will become even more dangerous when colder weather keeps residents indoors.

Conditions in many NYCHA buildings fall alarmingly short of the standards set by the Center for Disease Control’s (CDC’s) current COVID-19 mitigation guidelines. Defunct ventilation systems do not provide the airflow that is needed to prevent the spread of COVID-19 and respiratory conditions like asthma. Elevator outages force residents to crowd into a smaller number of available, functional elevators, preventing social distancing and increasing the likelihood of viral spread. Broken boilers and heating systems lead to cold temperatures that can further exacerbate respiratory illnesses and leave residents immunocompromised and susceptible to infection.

Comptroller Stringer also called for a concentrated effort to supply PPE and meal delivery to NYCHA tenants and ensure residents are protected from a possible “second wave”.

In June 2020, a Comptroller Stringer audit revealed NYCHA’s failures to properly track, manage and resolve heating complaints. The Comptroller recommended NYCHA create a system that accurately tracks all heat-related complaints and ensures timely responses to required inspections and repairs; in its response, NYCHA effectively rejected the Comptroller’s recommendations that current practices need to be improved.

To date, Comptroller Stringer’s office has completed fifteen audits and investigations of NYCHA, revealing system-wide deficiencies in the maintenance of roofs and playgrounds, tens of thousands of backlogged repairs and unremedied safety violations (including asbestos, missing carbon monoxide detectors, broken elevators, leaky ceilings, and faulty stoves) and failure to properly train staff to address mold, mildew, and excessive moisture conditions in tenants’ apartments.

Dear Mayor de Blasio and Chair Russ:

As winter approaches, I am writing to underscore the urgent need to protect NYCHA residents from a possible “second wave” of COVID-19, and from challenges posed by colder weather that will keep more tenants indoors.  I am concerned that NYCHA’s poor state of repair, amounting to more than $40 billion in unmet capital needs, will result in unsafe conditions for residents. The heat and elevator outages, mold outbreaks, and poor ventilation that already plague NYCHA will only become more dangerous to residents as they take refuge from COVID-19 within their apartments and may significantly increase the likelihood that NYCHA residents will face a heightened risk of exposure to the virus. As of last May 11th – the most recent data available – 1,241 NYCHA residents had died as a result of the virus.

As is evident from that stark figure, residents in NYCHA developments have already been severely impacted by this pandemic. In the earliest weeks between March 1 and May 11, more than 7,800 NYCHA residents tested positive for the virus. The toll was particularly devastating for NYCHA residents living in the agency’s senior-only housing, including developments where infection rates reached more than 7 cases per 100 residents such as Middletown Plaza, the converted Public School 139, Upaca (Site 5), and East 152 ST-Courtland Ave. What we know for sure is that COVID does, in fact, discriminate and is much more likely to infect older people and people of color, both high-risk groups that are prevalent in NYCHA developments across the five boroughs.

To help assure that all possible steps are taken to safeguard NYCHA tenants this winter, pursuant to my office’s authority under Chapter 5 of the City Charter, I hereby request that you provide the specific information requested below in writing to my office by no later than November 9, 2020:

  1. Ventilation systems: NYCHA’s ventilation systems, including those in 240 developments using mechanical exhaust roof fans, are notoriously prone to breaking down and fail to provide the indoor airflow that is necessary to prevent the spread of COVID-19 and conditions like asthma. Indeed, all but two of NYCHA’s 41 exclusively senior developments have old, defunct ventilation systems.  Ventilation issues are particularly acute in buildings that are included in the Metro Industrial Area Foundation lawsuit over mold issues – issues exacerbated by the slow pace of plans, now years behind schedule, to replace some 10,000 roof fans. We now face a scenario where residents in every single building that has yet to have these fans replaced could be at greater risk.
    • What steps are being taken to modernize air ventilation systems in each NYCHA facility?
    • Please provide the timeline for completion of any modernization work on the ventilation systems, by building.
  2. “Second Wave” Precautions: As COVID-19 rates rise above summer levels, NYCHA must take every possible precaution to protect its residents and workers against a second wave of the virus. Providing adequate PPE, sanitizing highly trafficked areas, and delivering food to residents all can help to reduce risk and save lives.
    • What steps is NYCHA taking to ensure its residents and workers are adequately equipped to cope with any outbreaks or clusters of COVID-19 linked to a NYCHA building and to defend against rising rates of transmission?
    • Please describe any specific programs and procedures established to address NYCHA’s needs in the event of a “second wave” of the virus.
  3. Elevators: Crowding — and, as a result, viral spread — are increased when elevators break down. In September alone, there were over 3,600 elevator outages in NYCHA buildings.vi These outages often force residents to cram into a smaller number of available, functional elevators, which in turn can thwart social distancing guidelines.
    • What steps are being taken to ensure the reliability of all elevators in NYCHA developments?
    • Please provide is the timeline for the completion of any elevator improvement activities described in response to the question above by building?
  4. Heating & Boilers: Ensuring reliable heating must also be an absolute priority for NYCHA during a winter when residents can be expected to be regularly confined to their apartments due to COVID-19 restrictions. Last year, just between October and December, more than 134,000 NYCHA residents lost heat as a result of 322 separate outages. This winter is expected to begin with an early season chill that will lower temperatures and is very likely to see more snow that last year’s near-record low. The annual deluge of sudden heating outages that strike residents every holiday season must not occur this year, and it is my hope that the Heat Action Plan adopted by the agency in December 2019 can begin to make a real difference in the lives of residents.
    • What steps are being taken to replace old boilers and to upgrade heating systems in all NYCHA developments?
    • Please provide the timeline for completion of the work described in response to the question above by building?
  5. Mold: Mold remains one of the most persistent problems throughout NYCHA, which is of particular concern amid the current pandemic as many conditions exacerbated by mold – including asthma – can complicate recovery from COVID-19. Having proper ventilation systems as discussed above is one critical strategy for eradicating mold, but there are other steps that could be taken to alleviate mold outbreaks.
    • What steps are being taken toward eradicating mold in all NYCHA developments?
    • Please provide the timeline for completion of the measures described above by building.

While I fully recognize the financial constraints now facing NYCHA, I also recognize that the agency has resources it can utilize in order to make critical capital improvements – including Hurricane Sandy-related funds still not spent some eight years after the superstorm battered the region. Indeed, a review by my office finds that, as of June 30th this year, NYCHA had been awarded $3.1 billion in FEMA grants yet has only spent approximately 59 percent of this amount, which could help repair leaky roofs, faulty heating systems, mold, and other capital needs that would help address the problems described above.  Furthermore, the Federal Government granted NYCHA over $300 million in Community Development Block Grant funding. As of the second quarter of this year, the agency had only spent 78 percent of the total allocation. These and other sources of capital dollars can be used to substantially improve conditions at NYCHA buildings and protect against future storms and floods and thereby help to protect its residents in the face of the continued threat of infection from COVID-19.

We are in the throes of a public health emergency that is testing all levels of government, requiring us to innovate daily. I urge you to protect the most vulnerable New Yorkers and expedite capital projects that can improve ventilation in developments, elevators, boilers and other mechanical systems as the weather turns cold. Thank you in advance for your prompt attention, and I welcome the opportunity to discuss these issues in greater detail.

Sincerely,

Scott M. Stringer
New York City Comptroller

Monday, October 26, 2020

WILLIAMS' STATEMENT ON THE SUPREME COURT CONFIRMATION VOTE

 

"Rather than vote to provide COVID-19 relief to people in New York City and across the country desperately seeking aid, the Senate ignored the needs and will of the American people to confirm a Supreme Court Justice who will have a detrimental impact on New Yorkers for generations. 

"This action by Republican Senators and the Trump administration is among the most grotesque embraces of hypocrisy in order to grab at power in recent history, and history will condemn it as its corrosive impact on our country reverberates for decades. Because this confirmation isn't solely about accumulating power, it's about using that power to oppress marginalized groups - and not just to block progress, but undo it on issues of reproductive freedom, LGBTQ rights, racial justice, healthcare access, labor protections, and countless other areas. 

"Three votes are spotlighted today. The present votes for confirmation, which were cast in  cowardice. The impacted future votes of the Supreme Court, now weighted even further from being cast for true justice. And our own votes, which we must cast as a rejection of the apathy and the ideology represented by this confirmation vote. This is yet another gut-wrenching reminder that no matter one's feelings about the politics of the moment, a single election can have devastating decades-long consequences."

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Congresswoman Alexandria Ocasio-Cortez Picnic in Bronx Park East

 

It was a normal Sunday afternoon in Bronx Park East off Lydig Avenue, that is until Congresswoman Alexandria Ocasio-Cortez and her crew had a picnic there. People in orange AOC t-shirts set up a table by the Lydig Avenue entrance, tables of food by the Bandshell area, and put out pumpkins and little red cones on the grass nearby. 

At 3 PM Congresswoman Ocasio-Cortez arrived after everything had been set up, and the picnic food was given out. Everyone wanted to say hello to her, and she wanted to say hello to everyone in the park. People stopped the congresswoman to take selfies with her, as she made her way into the park. Her staff had people then line up (socially distanced to take a photo with the congresswoman. Also on hand was local Assemblywoman Nathalia Fernandez.



 

Above - Congresswoman Ocasio-Cortez arrived at Bronx Park greeting her people at the welcoming table.

Below - Assemblywoman Fernandez greets the Congresswoman.






Above - The picnic food that was given out to the attendees.
Below - AOC greets her campaign heads.




Above - The crowd for the picnic.
Below - AOC greets one of her four-legged friends.





Congresswoman Ocasio-Cortez with Ms. Abilene Salas and Lorenzo, Dante, and Valerie in the dinosaur costume. 


Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - OCTOBER 25, 2020

 

Positive Testing Rate in All Focus Zone Areas is 3.18 Percent; New York State Positivity Outside All Focus Zone Areas is 1.06 Percent      

Statewide Positivity Rate is 1.35 Percent 

12 COVID-19 Deaths in New York State Yesterday 

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

"To give you an idea of the progress we've made with New York's micro-clusters, the positivity rates in Brooklyn, Rockland and Orange Counties are all down this week. That is great news. It says the focus works, and it says we can get the positivity under control. As we saw with Queens this past week, we get the numbers down and we then open up the areas," Governor Cuomo said. "Context is everything here. We're seeing a real national surge, and we are battling that national surge, that national high tide. We're fighting it because although we like to think we control our own destiny, we still have people coming from around the country into New York. The numbers nationwide are really high and getting higher, so we have to be extra vigilant here in New York and continue being smart." 

The Governor noted that the positive testing rate in all focus areas under the state's Micro-Cluster strategy is 3.18 percent, and outside the focus zone areas is 1.06 percent. Within the focus areas, 16,614 test results were reported yesterday, yielding 528 positives. In the remainder of the state, not counting these focus areas, 104,215 test results were reported, yielding 1,104 positives

Today's data is summarized briefly below:  

  • Patient Hospitalization - 1,015 (-30) 
  • Patients Newly Admitted - 116  
  • Hospital Counties - 44 
  • Number ICU - 227 (-4) 
  • Number ICU with Intubation - 118 (+5) 
  • Total Discharges - 79,092 (+132) 
  • Deaths - 12 
  • Total Deaths - 25,730