Attorney General James Protects NYC Children from Lead Poisoning in Housing

 

AG’s Investigation Found Major Landlord Lacked Compliance with New York City Childhood Lead Poisoning Prevention Act

A&E Will Pay $510,000 to Fund OAG Programs that Help Protect Children from Lead Poisoning

  New York Attorney General Letitia James announced today that her office has reached an agreement with a major New York City landlord to ensure that children living in its apartments are protected from dangerous lead-based paint. The agreement resolves the Office of the Attorney General’s (OAG) investigation into A&E Real Estate Holdings (A&E), which found that A&E was not in compliance with apartment inspection, lead hazard remediation, and other key requirements of New York City’s Childhood Lead Poisoning Prevention Act.

As a part of today’s agreement, A&E will continue to bring its apartments into compliance with the Childhood Lead Poisoning Prevention Act, and will report its compliance to the OAG for the next three years. A&E will also pay $510,000 to the OAG for initiatives aimed at protecting children from lead poisoning. This is the first announced agreement resulting from investigations that the OAG is conducting into New York City apartment building owner and operators’ compliance with the Childhood Lead Poisoning Prevention Act.

“The legacy of lead paint in housing continues to be an enduring threat to the health and future of our youngest New Yorkers,” said Attorney General James. “Children have the right to live in healthy, hazard-free environments, and their landlords have an obligation to ensure that happens. The health and safety of our children is paramount, and through today’s action, we will continue to ensure that they are always our priority.”

Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. In fact, no safe lead level in children has been identified. Children under six are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, window sills, and hands; and can be found in soil, toys, and other consumer products. Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods.

Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. Lead paint has been found in approximately 43 percent of all of New York dwellings. In 1960, New York City prohibited the sale of paint with high levels of lead for residential use, New York state imposed a state-wide ban in 1970, and the federal government banned lead in paint in 1978. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures to prevent lead poisoning in children tenants.

A&E owns and manages more than 10,000 apartments in buildings throughout New York City, most of which are located in Queens, Manhattan, and Brooklyn. The OAG’s investigation into A&E, beginning in 2018, determined that A&E violated several provisions of the Childhood Lead Poisoning Prevention Act related to notice requirements, annual inquiries, and turnover procedures. Specifically, A&E:

• Did not ensure that tenants filled out the lease notice indicating whether children under the age of six would live in the apartment and did not ensure that it recorded that information;
• Did not do the required follow-up when tenants did not respond to annual notices regarding whether children under the age of six lived in an apartment;
• Did not confirm that it performed annual lead paint hazard investigations of all apartments where lease notices or annual notices indicated a child under the age of six lived;
• Did not investigate for hazards beyond peeling lead paint prior to 2019;
• Informed tenants of the results of annual investigations only when it discovered lead paint hazards and addressed work orders; and
• Could not confirm that it complied with the requirements imposed by the Childhood Lead Poisoning Prevention Act when an apartment was vacated and it did not certify in new leases that it had done so.

A&E’s non-compliance resulted in the potential exposure to lead-based paint hazards, particularly for children under the age of six.

The agreement reached today requires A&E to achieve and maintain full compliance with all requirements of the Childhood Lead Poisoning Prevention Act, including taking actions to resolve lead-based paint violations open with the NYC Department of Housing Preservation and Development (HPD). A&E also agreed to take several measures beyond the requirements of the Childhood Lead Poisoning Prevention Act, including reporting directly to the OAG regularly on its compliance with the Act for the next three years, and paying $510,000 to the OAG to fund projects that help protect children from lead poisoning. Any future violation of the law by A&E violates the agreement and could subject the company to legal action by the OAG.

Attorney General James thanks HPD for its assistance in this and other, related ongoing investigations.

“HPD is committed to meeting the goals of LeadFreeNYC, keeping children safe from lead through enhanced enforcement against property owners who fail to meet their obligations and through education and resources for tenants and property owners,” said HPD Commissioner Louise Carroll. “We will continue to pursue enforcement through our own litigation and in joint efforts with partners like the attorney general, who utilize the work of our inspectors and lead-based paint enforcement teams to identify and audit buildings where lead-based paint regulations are not followed. I hope this settlement serves to let all property owners know how seriously HPD and the attorney general take lead-based paint compliance and encourages them to find out more about how to properly comply.”

CITY OF NEW YORK AWARDED $15 MILLION FEDERAL GRANT TO ADDRESS YOUTH HOMELESSNESS

 

 Mayor Bill de Blasio today announced the City of New York has been awarded a $15 million grant as part of the Youth Homelessness Demonstration Program (YHDP).  This funding, from the Department of Housing and Urban Development (HUD), will support a wide range of new housing and service interventions to prevent and end youth homelessness. New York City, through its Continuum of Care, a cross-sector coalition of homeless housing and shelter providers, consumers, advocates, and government, will work with a broad array of partners, including youth themselves, to develop a coordinated community plan to prevent and end youth homelessness. 

“New York City’s recovery will be driven by all of us, especially young New Yorkers,” said Mayor Bill de Blasio. “This $15 million award will help us build on our efforts to prevent and end youth homelessness for good. I’m proud of all of the city leaders and youth partners whose deep collaboration has led to this exciting opportunity.”

 

“We are thankful to HUD for this $15 million grant, which will help us create new solutions to address youth homelessness that build on our existing investments in youth beds, drop-in centers, pilot programs for cash transfers and more,” said Deputy Mayor for Health and Human Services Melanie Hartzog.  “I am also thankful for our partner agencies and the youth advocates who consistently collaborate to ending youth homelessness once and for all.”

 

“The City is excited to receive $15 million in federal funding to turn the Youth Homelessness Demonstration Program into real world solutions. Mayor de Blasio has prioritized this issue, as demonstrated by the Administration’s commitment to supportive housing, youth beds, the Youth Homelessness Taskforce, and specialized services for the LGBTQI community. We thank the U.S. Department of Housing and Urban Development, our community partners, and, most importantly, the young people who will help us develop innovative and effective strategies to reduce youth homelessness,” said Deputy Mayor for Strategic Policy Initiatives J. Phillip Thompson.

 

The de Blasio Administration has made multiple new investments to help youth experiencing homelessness transition off the streets and into permanent housing, including through the creation of hundreds of new youth beds at the Department of Youth and Community Development (DYCD), an expansion of twenty-four-hour DYCD youth drop-in centers in every borough, an investment in public private partnership to pilot a Direct Cash Transfer Project, an allotment of roughly 1,700 permanent supportive housing units through the NYC 15/15 initiative, the creation of the Youth Homelessness Taskforce, the appointment of a Senior Advisor for Youth Homelessness and an investment to design a mobile tool to better connect youth with resources and services. This award will build on those commitments. Projects will have a particular focus on especially vulnerable youth in New York City such as LGBTQ youth and youth of color who experience homelessness at disproportionate rates.  

 

“DYCD is proud to be the lead agency of this coordinated community planning process to develop a plan aimed at ending youth homelessness in the City. We look forward to engaging with stakeholders across all sectors, particularly the young people whose lived experiences will add a critical voice to the work. DYCD thanks HUD, our agency and community partners, and the young people of the Youth Action Board who will continue to be invaluable members of our team as we move forward,” said DYCD Commissioner Bill Chong.]

“Addressing the challenge of homelessness requires an all hands-on deck approach at every level of government, and we are pleased that our federal partners recognize the importance of collaboration in achieving our shared mission of supporting some of our City’s most vulnerable youth,” said DSS Commissioner Steven Banks. “This latest federal grant will advance the City’s ongoing efforts to connect youth experiencing homelessness in New York City to the resources and services they need to get back on their feet, including by funding the development of several new transitional and supportive housing facilities. As we emerge from this unprecedented crisis, we thank our federal partners for this important funding, which will help ensure that youth in our City can access opportunity and safe, stable housing.”

Governor Hochul Announces Major Actions To Improve Justice and Safety in City Jails

 

Signs the Less is More Community Supervision and Revocation Reform Act (S.1144A/A.5576A); 191 Individuals to be Immediately Released Having Served Their Sentences Under Less is More Standards

Announces Agreement with Department of Corrections and City to Allow for Incarcerated Individuals to be Transferred from Rikers Island to State Custody Here; 40 Individuals Per Day for at least 5 Days Sentenced to at least 90 Days to be Transferred

 Governor Kathy Hochul today announced actions to improve justice and safety in city jails. The Governor signed the Less is More Act (S.1144A/A.5576A) which modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person on parole. Governor Hochul also announced an agreement with the Department of Corrections and city to allow for incarcerated individuals who have been sentenced to at least ninety days to be transferred from Rikers Island to New York State facilities.

"Our fellow New Yorkers on parole deserve to reenter society with our support and respect - reincarcerating parolees for technical violations traps them and doesn't help our communities," Governor Hochul said. "New Yorkers currently serving sentences in jails and prisons also deserve our support - there is no justice in mistreating incarcerated New Yorkers. While this is just one step and more work needs to be done collaboratively with all levels of government, I am proud to take these steps to increase the safety in city jails, not only for those incarcerated, but for the staff who work tirelessly to keep operations running."

Lieutenant Governor Benjamin said, “I am thrilled that Governor Hochul is signing this historic parole reform bill today. When I was the state senator from Harlem, I introduced the Less Is More Act because the problem of mass incarceration had harmed our communities, and I knew we could have a safer, fairer, more just and equitable parole system in New York. I fought for years alongside the Less Is More coalition to get this bill through the legislature, and this year we finally did it. Today, as Lt. Governor, I am proud to stand with our Governor as she signs this bill into law. Through the Less is More Act, we can strengthen public safety -- that's why it's supported by District Attorneys and Sheriffs from around the state. And we can focus on racial justice and more effective reentry for people coming home from prison on parole -- that's why it's supported by more than 300 groups from every corner and region of our state. Over time, this bill will save the state hundreds of millions of dollars each year, and those funds can be more effectively focused on creating a stronger, safer New York for all, in every region of our state. I would like to thank our partners in the legislature for their work, and I would also like to thank all the community organizations that worked so hard to get this bill passed, in particular the Katal Center for Equity, Health, and Justice; Unchained; and A Little Piece of Light.”

Signs and Implements Less is More Legislation

The Less is More Act aims to ensure the Department of Corrections and Community Supervision focuses its resources on helping people successfully complete community supervision and avoiding future return to DOCCS custody or supervision.

Preventing these reincarcerations allows New York State to focus its limited resources on substantive parole violations. This promotes greater community safety and justice for families.

In addition, with the Governor signing the "Less is More" bill, in the spirit of this new legislation, DOCCS is currently reviewing the current parole violators and will work with City officials to immediately release up to 191 individuals, who will no longer qualify for incarceration.

Agreement with City of New York

The Department of Corrections and Community Supervision has worked with the City of New York to leverage an existing statute that will allow for hundreds of definite sentenced incarcerated individuals, which are those sentenced to at least one day but less than one year, to be transferred from Rikers Island to State custody, where they will serve out their sentences in DOCCS facilities. 

Governor Hochul is also directing that forty individuals sentenced to at least ninety days be sent off of Rikers Island each day to New York State facilities for the next five days. This will continue on a rolling basis for those eligible.

Food Distribution at Brady Court Friday 1 PM Assemblywoman Nathalia Fernandez, Presumed Councilwoman Marjorie Velazquez.

 

Alleged Gang Member Indicted on First-Degree Rape and Other Charges in Attack on 70-Year-Old Woman

 

Defendant, a Parolee, Raped Victim at Gunpoint

 Bronx District Attorney Darcel D. Clark today announced that an alleged Crips gang member has been indicted for Predatory Sexual Assault, first-degree Rape and additional charges for the gunpoint rape of a 70-year-old woman in her Bronx apartment building. 

 District Attorney Clark said, “The defendant, a parolee, is charged with allegedly raping a defenseless, 70-year-old woman in her Bronx home. His actions were unspeakable and depraved. We will seek justice for the victim, who has suffered horrific trauma.” 

 District Attorney Clark said the defendant, Reginald Bellot, 28, of 666 East 181st Street, was arraigned today on three counts of Predatory Sexual Assault, two counts of first-degree Rape, first-degree Criminal Sexual Act, two counts of first-degree Sexual Abuse, two counts of third-degree Rape, third-degree Criminal Sexual Act, first-degree Burglary, two counts of second-degree Burglary, and two counts of fourth-degree Criminal Possession of a Weapon before Bronx Supreme Court Justice Laurence Busching. Remand was continued and he is due back in court on December 7, 2021.

 According to the investigation, at approximately 2:30 a.m. on July 27, 2021, the defendant followed the victim and threatened her with a gun to gain entrance into her Bronx apartment building. Inside a stairwell, Bellot allegedly raped the victim, then threatened her with a gun to get into her apartment, where he raped her again and forced her to perform sexual acts on him.

 District Attorney Clark thanked the Bronx Special Victims Squad, specifically NYPD Detectives Crystal Soto and Carolyn Tully.

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

Attorney General James Delivers Justice For New Yorkers Burned by Food Festival Fraudster

 

Notorious Event Producer Banned From Producing Events, Ordered To Pay More Than $310,000 in Restitution and Penalties

 New York Attorney General Letitia James announced that she has permanently banned event producer Ishmael Osekre from producing events and festivals in the state of New York. Osekre — who operated his business under African Food Festival, LLC — scammed thousands people who bought tickets to the New York City African Food Festival in 2016 and the New York City Pizza and Burger Festivals in 2017 by deceiving them into paying for food and entertainment that were never provided. Osekre also cheated the production staff, vendors, and contractors that he hired for the events by not paying them or issuing bad checks to those who refused to work without payment. Osekre is required to pay more than $310,000 in restitution and penalties, $111,198 of which are for consumers who were affected.

“Ishmael Osekre’s fraudulent schemes were an epic recipe for disaster that scammed New Yorkers out of their time and money,” said Attorney General James. “Today’s order bans this shameless individual from ever carrying out this type of illegal business in our state. Let this serve as a warning to all fraudsters that their attempts to cheat our communities will be brought to light and will not go unpunished. My office will continue to use every ounce of the law to hold those accountable and ensure that New Yorkers are not burned again.”

In October 2017, the Office of the Attorney General (OAG) initiated an investigation after receiving dozens of complaints related to the New York City Pizza Festival and the New York City Burger Festival. Complainants — who bought tickets on websites like EventBrite and GoldStar based on false online ads featuring unlimited food samples — were upcharged for VIP packages, drinks, games, and other forms of entertainment. Upon looking further into Osekre’s business practices, the OAG found that he had also scammed ticket holders and vendors in the New York City African Food Festival a year prior in similar fashion. 

Throughout the investigation into Osekre’s fraudulent practices, OAG staff gathered evidence that included numerous online Facebook ads, Osekre’s personal and ticket-selling websites, screenshots of tickets, copies of emails and failed checks, and testimony from dozens of defrauded ticket holders and vendors.

The 2016 African Food Festival sold thousands of tickets and generated more than $100,000 in revenue. However, Osekre kept all of the proceeds and did not issue any refunds, even after the flood of complaints. Ticket holders for the 2017 Burger and Pizza Festivals were able to submit enough complaints to raise flags for ticket sellers EventBrite and GoldStar, so these companies refunded the ticket costs back to more than 1,100 affected consumers.

The court order — granted by Judge Francois A. Rivera in Kings County Supreme Court — enjoins Osekre from being involved in event production or festival production in the state of New York pursuant to Executive Law § 63(12) and New York state General Business Law Article 22-A. Osekre is also required to pay a total of $311,398 in restitution and penalties, $111,198 of which will be for consumers who were affected and $150,000 for the state of New York. In order for Osekre to continue to work at any festival or at any event, he must pay off the financial obligations and obtain a $500,000 performance bond.

Manhattan U.S. Attorney Announces Additional Distribution Of More Than $568 Million To Victims Of Madoff Ponzi Scheme

 

Payments Are the 7th Distribution in a Series of Payments That Together Will Constitute the Largest Payment of Forfeited Funds in the History of the Department of Justice’s Victim Compensation Program

 Attorney General Merrick Garland, Audrey Strauss, the United States Attorney for the Southern District of New York, and Kenneth A. Polite Jr., the Acting Assistant Attorney General of the Justice Department’s Criminal Division, announced today that the Madoff Victim Fund established by the Department of Justice began its seventh distribution to victims of funds forfeited to the United States Government in connection with the Bernard L. Madoff Investment Securities LLC (“BLMIS”) fraud scheme.  The distribution will include approximately $568 million in additional funds, bringing the total distributed to date to over $3.7 billion.  The additional funds will be sent to nearly 31,000 victims worldwide, the seventh payment to victims that will bring their total recovery from all sources of compensation to 81.35 percent of their losses.  Additionally, more than 2,600 victims will receive their first payment in this distribution.  The Madoff Victim Fund will ultimately return to victims more than $4 billion in assets that have been recovered as compensation for losses suffered by the collapse of BLMIS, following the largest fraud in history.  Another $5 billion in assets recovered by the U.S. Attorney’s Office are being separately paid to Madoff victims through the BLMIS Customer Fund administered by the Securities Investor Protection Act Trustee.

Manhattan U.S. Attorney Audrey Strauss said: “This Office continues to seek justice for victims of history’s largest Ponzi scheme.  The additional payment of more than $568 million by our Office and the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section represents the seventh in a series of distributions that will leave victims with compensation for more than 81 percent of their losses.  But our work is not yet finished, and the Office’s tireless commitment to compensating the victims who suffered as a result of Madoff’s heinous crimes continues.”

Acting Assistant Attorney General Kenneth A. Polite Jr. said: “This distribution provides nearly 31,000 victims additional financial recovery from the egregious crimes committed by Bernard Madoff.  The Department’s continued efforts to ensure justice for victims of crime is demonstrated through the ongoing Madoff remission process and the billions given back to innocent victims worldwide.” 

Since the early 1970s, BERNARD L. MADOFF (“MADOFF”) used his position as Chairman of BLMIS, the investment advisory business he founded, to steal billions from his clients.  On March 12, 2009, MADOFF pled guilty to 11 federal felonies, admitting that he had turned his wealth management business into the world’s largest Ponzi scheme, benefitting himself, his family, and select members of his inner circle.  On June 29, 2009, United States District Judge Denny Chin sentenced MADOFF to 150 years in prison for running the largest fraudulent scheme in history.  Judge Chin ordered MADOFF to forfeit $170,799,000,000 as part of MADOFF’s sentence.   

The Madoff Victim Fund is funded through recoveries by the U.S. Attorney’s Office in various criminal and civil forfeiture actions, and is overseen by Richard Breeden, the former chairman of the United States Securities and Exchange Commission, in his capacity as special master appointed by the Department of Justice to assist in connection with the victim remission proceedings.

Of the approximately $4.05 billion that will be made available to victims through the Madoff Victim Fund, approximately $2.2 billion was collected as part of the civil forfeiture recovery from the estate of deceased MADOFF investor Jeffry Picower.  An additional $1.7 billion was collected as part of a Deferred Prosecution Agreement with JPMorgan Chase Bank N.A. for MADOFF-related Bank Secrecy Act violations.  Additional funds were collected through criminal and civil forfeiture actions against MADOFF and his co-conspirators, and certain MADOFF investors.

Ms. Strauss praised the work of the Federal Bureau of Investigation and the Madoff Victim Fund, and thanked the Money Laundering and Asset Recovery Section of the Department of Justice’s Criminal Division for their assistance.

For more information about the Madoff Victim Fund, compensation to victims of BLMIS, eligibility criteria, and payment information, please visit www.madoffvictimfund.com or phone 866-624-3670.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 16, 2021

 

58,682 Vaccine Doses Administered Over Last 24 Hours

34 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"New York State is taking decisive action to keep children and their parents safe with new comprehensive masking requirements, but that's not enough to put the COVID-19 pandemic behind us—we need to increase the vaccination rate," Governor Hochul said. "We're putting more energy and effort into addressing the 12- to 17-year-old population and we continue to make the vaccine available at sites across the state. Get vaccinated today and protect your friends, family and community from COVID-19."

Today's data is summarized briefly below:

• Test Results Reported - 198,053
• Total Positive - 6,729
• Percent Positive - 3.40%
• 7-Day Average Percent Positive - 3.16%
• Patient Hospitalization - 2,374 (-50)
• Patients Newly Admitted - 274
• Patients in ICU - 562 (-6)
• Patients in ICU with Intubation - 305 (+3)
• Total Discharges - 197,070 (+293)
• New deaths reported by healthcare facilities through HERDS - 34
• Total deaths reported by healthcare facilities through HERDS - 44,070

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

• Total deaths reported to and compiled by the CDC -- 56,153

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

• Total vaccine doses administered - 24,499,103
• Total vaccine doses administered over past 24 hours - 58,682
• Total vaccine doses administered over past 7 days - 368,198
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 79.5%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 71.8%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 82.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 73.6%
• Percent of all New Yorkers with at least one vaccine dose - 67.2%
• Percent of all New Yorkers with completed vaccine series - 60.5%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 69.4%
• Percent of all New Yorkers with completed vaccine series (CDC) - 62.0%