Thursday, January 13, 2022

MAYOR ADAMS CALLS FOR ADDITIONAL EMERGENCY FEDERAL AID FOR EMERGENCY RENTAL ASSISTANCE PROGRAM

 

New York has not received its fair share for the program – the state has gotten over $2.6 billion, but more than 500,000 New York families still need help while dollars from the $45 billion pot sit unused

 

The City will be surging resources to its tenant helpline, and the Right to Counsel program is prepared to provide free legal assistance to any eligible New Yorker facing eviction proceedings

 

With expanded outreach efforts and new video, Mayor Adams encourages tenants to know their rights about eviction


 Mayor Eric Adams today called for an immediate infusion of funds for New York’s Emergency Rental Assistance Program from the United States Treasury Department. He also announced new measures to bolster tenant protections and inform tenants of their rights with significant outreach efforts.

 

“The federal government has the resources, and now it is time for them to take action with an immediate infusion of funds for the Emergency Rental Assistance Program,” said Mayor Eric Adams. “New York has gotten the very short end of the stick, and I am joining Senator Schumer and Governor Hochul in demanding that change. In addition, I am encouraging everyone to take advantage of all the resources available to you, know your rights, and protect yourself against eviction.”

 

“The Covid-19 pandemic created a housing crisis leaving thousands of New Yorkers concerned about being evicted from their homes. With the state-wide eviction moratorium set to end this Saturday, we are making a push to improve access to free tenant support for all New Yorkers, regardless of lease or immigration status,” said Sheena Wright, Deputy Mayor for Strategic Initiatives. “Our Public Engagement Unit will fulfill the Mayor's promise of improving access to services and support by meeting tenants at their doors, on their phones, and in their communities to connect them to critical City services and help those facing eviction get access to free legal support.”

 

Mayor Adams outlined the following steps to support tenants:

 

  • Mayor Adams urged the Treasury Department to reallocate unused Emergency Rental Assistance Program (ERAP) funds from other states to New York, where hundreds of thousands still need help, and get the funds out the door.

 

  • The City will be surging resources to the Mayor’s Public Engagement Unit’s (PEU) Tenant Helpline, which is staffed by the PEU Tenant Support Unit. New Yorkers can access the helpline by calling 311 and asking for the Tenant Helpline.

 

  • The City’s Right to Counsel program is prepared to provide free legal assistance to any eligible New Yorker, no matter what neighborhood they live in. The program has a proven track record of providing quality legal representation to New Yorkers who need it and boosting their success rate in Housing Court. See the Right to Counsel and Illegal Lockouts webpage for more resources.

 

  • Mayor Adams launched a campaign to inform tenants of their rights, connect them to resources, and prepare frontline staff to provide the necessary support, including with a new video released today.

 

  • In the Mayor’s Office to Protect Tenants (MOPT) COVID-19 Fact-Sheet, tenants can now find all the information they need about the expiration of the evictions moratorium, ERAP, Right to Counsel, illegal lockouts, and City resources available to keep them stably housed. Tenants can also use the City’s Tenant Resource Portal to learn more about the process of eviction in New York City, what to do when getting a Notice of Eviction, and how to access the City’s resources to fight it.

 

  • PEU will be conducting direct outreach to tenants at risk of eviction to inform them of their rights and connect them to support. In order to meet New Yorkers where they are, and ensure every tenant has access to free legal counsel, PEU will run targeted outreach by phone, text, and door-to-door canvasing to tenants who are currently in Housing Court or have a pending case.

 

  • In partnership with PEU, MOPT, the Department of Housing and Preservation Development (HPD), and the Human Resources Administration’s (HRA) Office of Civil Justice (and legal providers), the City is also launching a paid media campaign to help get the word out about illegal lockouts and the right to counsel, and to encourage tenants who are in need of assistance to contact PEU’s Tenant Helpline.

 

New York State received over $2.6 billion in emergency rental assistance. But more than 500,000 New York families still need help, including more than 50,000 New York City Housing Authority (NYHCA) households, while some of the $45 billion in federal emergency rental assistance remains unspent.

 

“Throughout the pandemic, our dedicated staff at DSS-HRA and our not-for-profit legal provider partners have done invaluable work connecting New Yorkers experiencing housing instability to the resources and services needed to stay in their homes. As we approach the looming expiration of the region’s eviction moratorium, this Administration stands ready to support any New Yorker who is facing eviction or behind on their rent, including through our City’s first-in-the-nation Right to Counsel program, which will help vulnerable New Yorkers fight unlawful evictions, keep their homes, and avoid homelessness altogether,” said Gary Jenkins, Commissioner of the Human Resources Administration (HRA).

 

“More than ever, it is critical that New Yorkers know their rights and can take advantage of the many City resources available to respond to the threat of eviction. Protecting tenants is a key tenet of HPD’s mission and we look forward to working with the Mayor’s Office to Protect Tenants, the Public Engagement Unit, and HRA’s Office of Civil Justice to help connect families to the support they need to stay stably housed,” said AnnMarie Santiago, Acting Commissioner of the Department of Housing Preservation and Development (HPD).

 

“We know that if you’re worried about losing your home, the last thing you should have to worry about is navigating a complicated City bureaucracy. That's why my team at the Mayor's Public Engagement Unit is proactively reaching out to tens of thousands of NYC tenants to make sure they know about their rights and have access to resources that help them stay in their homes,” said Adrienne Lever, Executive Director of the Mayor's Public Engagement Unit (PEU).

 

Wednesday, January 12, 2022

BRONX MAN SENTENCED TO 17 YEARS IN PRISON FOR FATALLY SHOOTING MAN IN FRONT OF HIS YOUNG SON IN GRAND CONCOURSE SUBWAY STATION

 

Defendant Pleaded Guilty to First-Degree Manslaughter

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 17 years in prison after pleading guilty to first-degree Manslaughter for fatally shooting a man in a subway station in 2019. 

 District Attorney Clark said, “The defendant got into an argument with a man inside a busy Bronx subway station and heartlessly shot him in front of the victim’s five-year-old son and multiple commuters. The child has been deeply traumatized since the incident. I send my condolences to the victim’s family, especially the young boy who saw his father die in such a cruel way.”

 District Attorney Clark said the defendant, Rafael Hollis, 31, last of 1264 Sheridan Avenue, was sentenced today to 17 years in prison and five years of post-release supervision by Bronx Supreme Court Justice Steven Barrett. The defendant pleaded guilty to first-degree Manslaughter on December 9, 2021, before Bronx Supreme Court Justice John Carter.

 According to the investigation, on October 4, 2019 at 6:30 p.m., at a subway station located at 167th Street and Grand Concourse, the victim, James Cubille, 24, met with his ex-girlfriend to pick up his son. The defendant, who was in a relationship with Cubille’s ex-girlfriend, showed up and argued with the victim. Hollis took out a gun and shot Cubille in the torso in front of the victim’s son, ex-girlfriend and multiple commuters. The victim was declared dead on arrival at Lincoln Medical Center. The defendant fled the scene and turned himself in two days later.

 District Attorney Clark thanked retired NYPD Detective Matthew Crawley of the 44th Precinct and retired NYPD Detective Christine Reyes of the Bronx Homicide Squad for their assistance in the investigation.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 12, 2022

 Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

97,135 Vaccine Doses Administered Over Last 24 Hours

166 COVID-19 Deaths Statewide Yesterday


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

"The slowdown in new cases gives us a glimmer of hope, but cases still remain high and we are nowhere near the end of the winter surge," Governor Hochul said.  "Let's not undo all of the hard work we've put in to get to this point.  Please make sure to get your second dose and booster shot. Parents and guardians, the best way to protect our children is to get them vaccinated and boosted, once they're eligible. And let's continue to use the tools we know will help stop the spread: Wear a non-cloth mask and stay home if you're feeling sick."

Today's data is summarized briefly below: 

  • Test Results Reported – 338,280
  • Total Positive – 58,770
  • Percent Positive – 17.37%
  • 7-Day Average Percent Positive - 20.22%
  • Patient Hospitalization - 12,671 (+131)
  • Patients Newly Admitted – 2,007
  • Patients in ICU - 1593 (-4)
  • Patients in ICU with Intubation - 830 (-1)
  • Total Discharges - 247,354 (+1,687)
  • New deaths reported by healthcare facilities through HERDS - 166
  • Total deaths reported by healthcare facilities through HERDS - 49,955

    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 - 62,698

    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 - 34,611,241
  • Total vaccine doses administered over past 24 hours – 97,135
  • Total vaccine doses administered over past 7 days – 636,628
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 89.9%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 81.0% 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 83.4%
  • Percent of all New Yorkers with at least one vaccine dose - 78.9%
  • Percent of all New Yorkers with completed vaccine series - 70.5% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 85.6% 
  • Percent of all New Yorkers with completed vaccine series (CDC) - 72.6%

Police Impersonators And Bronx Drug Dealer Charged With Narcotics And Firearm Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), announced today that RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, were charged by Complaint for their participation in a drug trafficking conspiracy and their use of firearms in connection with that conspiracy.  A fourth defendant, MICHAEL GARCIA, was charged in the same Complaint with possessing with the intent to distribute cocaine.  The defendants were arrested yesterday, GARCIA was presented today in Manhattan federal court before United States Magistrate Judge Barbara Moses. COUNCIL will be presented later today, and FULTON and MCKEE will be presented tomorrow before Judge Moses.

U.S. Attorney Damian Williams said:  “As alleged, three of the defendants posed as law enforcement officers and brandished a firearm during a home invasion in which they took approximately three kilograms of cocaine and proceeds from narcotics dealing.  Such brazen and dangerous conduct will not be tolerated.  Thanks to the work of the NYPD and federal law enforcement, these defendants face significant federal charges for their alleged crimes.”

NYPD Commissioner Keechant Sewell said: “Today’s criminal complaint once again highlights the NYPD’s swift work to neutralize the most violent elements of an alleged narcotics enterprise. Our covenant with New Yorkers is to always answer their calls for help and to work with our partners to ensure justice and I commend the United States Attorney’s Office in the Southern District of New York for their work with our officers in this important case.”

As alleged in the Complaint unsealed today in Manhattan federal court[1]:

On or about January 11, 2022, RASHIEM COUNCIL, PARIS FULTON, and TERRENCE MCKEE, dressed as and pretending to be law enforcement officers, forced their way into an apartment (the “Apartment”) in a building (the “Building”) in the Bronx, where MICHAEL GARCIA, his partner, and their two minor children lived.  COUNCIL, FULTON, and MCKEE were armed.  They handcuffed GARCIA and held him at gun point, while GARCIA’s partner and their two minor children were in the Apartment.  COUNCIL, FULTON, and MCKEE, demanded to know where GARCIA kept his drugs and drug money in the Apartment, and GARCIA showed them.  COUNCIL, FULTON, and MCKEE stole approximately one hundred and sixty thousand dollars in narcotics proceeds and approximately three kilograms of cocaine from GARCIA.

After stealing the drugs and the money, COUNCIL, FULTON, and MCKEE escorted GARCIA, in handcuffs, out of the Apartment and into the building’s elevator.  By then, in response to another individual’s (“Witness-1”) 911 call about the home invasion, officers (the “Officers”) from the New York City Police Department had arrived at the Building, and had just entered the lobby when the elevator door opened.  COUNCIL, FULTON, MCKEE, and GARCIA, walked out of the elevator.  They tried to avoid the Officers and continued walking towards the front door.  The Officers asked COUNCIL, FULTON, and MCKEE what law enforcement unit they were with, and COUNCIL, FULTON, and MCKEE claimed that their sergeant was waiting for them outside.  As soon as they exited the Building, however, they—and GARCIA—began to run.  The Officers pursued them.  After a short pursuit, the Officers caught up to and apprehended COUNCIL, MCKEE, and GARCIA.  During that pursuit, one Officer saw one of the defendants throw a firearm into the street.  Immediately after the Officers apprehended COUNCIL and MCKEE, the Officers found two more firearms near the Building.  Shortly thereafter, the Officers found and arrested FULTON near his car, which he had parked outside the Building.  With FULTON’s consent, the Officers conducted a brief search of the car, where they found a fourth firearm inside a backpack in the car.   

RASHIEM COUNCIL, 31, PARIS FULTON, 29, and TERRENCE MCKEE, 33, all from Connecticut, are charged with one count of narcotics conspiracy, in violation of Title 21, United States Code, Section 846, and one count of brandishing firearms in connection with that narcotics conspiracy, in violation of Title 18, United States Code, Section 924(c).  The narcotics conspiracy charge carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.  The firearms charge carries a maximum sentence of life and a mandatory minimum sentence of seven years in prison, which must run consecutively to any other sentence imposed. 

MICHAEL GARCIA, 36, of the Bronx, New York, is charged with one count of possession with the intent to distribute 500 grams and more of cocaine, in violation of Title 21,  United States Code, Section 841(a)(1) and (b)(1)(B), which carries a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.

Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the NYPD’s Bronx Violent Crimes Squad, and the Internal Affairs Bureau, Police Impersonation Unit.  Mr. Williams also praised the patrol officers from the 48th precinct for their outstanding policework in executing the arrests. 

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

NEW YORK REPUBLICAN CHAIRMAN NICK LANGWORTHY AND NYC REPUBLICAN ELECTED OFFICIALS FILE LAWSUIT TO BLOCK NON-CITIZEN VOTING

 

Langworthy to Democrats: Get Ready to Try to Defend this Unconstitutional & Un-American Law in Court 


 Following through on his warning to Democrats that he would take legal action to protect the sanctity of citizen voting, New York Republican Chairman Nick Langworthy and a group of Republican elected officials from New York City today filed a lawsuit to block the city’s new law granting non-citizens voting rights. The suit was filed in Richmond County and a copy can be viewed here


In December, the Democrat-dominated City Council passed legislation that would permit more than 800,000 non-citizens the right to vote in municipal elections. Mayor Eric Adams allowed the measure to become law by not issuing a veto prior to last night’s midnight deadline. Even radical leftist former mayor Bill de Blasio admitted its illegality. 


“We vowed to use every legal tool in our arsenal to block this unconstitutional and un-American law, and that’s exactly what we’re doing,” declared New York Republican Chairman Nick Langworthy. “The law is clear and the ethics are even clearer: we shouldn’t be allowing citizens of other nations to vote in our elections, full stop. We are only two weeks into the Adams Administration and he is already kowtowing to the radical City Council. This lawsuit is the only thing that will stop them from their ultimate goal of eradicating all the lines between citizens and non-citizens.” 


"Anyone reading NY state election law in plain English can see that it prohibits foreign citizen voting. The public should look for themselves at section 5-102 to fully grasp how their city government willfully violates the law without regard,” said New York City Council Minority Leader Joe Borrelli. 


“The right to vote is one of our most sacred privileges and obligations,” said Staten Island Borough President Vito Fossella. “Last night, legislation became law that makes a total mockery of the concept of American citizenship. Allowing 800,000 non-citizens, including those who have been here for less than thirty days, to vote in local elections is a slap in the face of every single American citizen, whether born or naturalized. This unconstitutional act cheapens what it means to be a citizen and is an insult to every immigrant who has followed the law, taken citizenship classes and swore an oath to our nation. That is why, as promised today we are filing suit to challenge this law.”


Said Senator Andrew J. Lanza, "This bill clearly violates the Constitution, diminishes citizenship and is no doubt intended to steal elections from lawful citizen voters.” 

 

Congresswoman Malliotakis concluded, "There is nothing more important than preserving the integrity of our election system," said Congresswoman Malliotakis. "The government should be working to create more trust in our elections, not less. The right to vote is a sacred right given only to United States citizens. This careless legislation violates the State Constitution, dilutes the voices of American citizens and is not in line with the views of the vast majority of our city. We look forward to our day in court." 


Other plaintiffs include Assemblymembers Michael Reilly and Michael Tannousis and Councilmembers David Carr, Inna Vernikov, Joann Ariola and Vickie Paladino."


Senator Alessandra Biaggi - NYS Emergency Rental Assistance Program has REOPENED

 

Senator Alessandra Biaggi

Dear Community, 

New York State’s eviction moratorium is set to expire on January 15th, 2022. Unless state leadership takes action, many New Yorkers will be at risk of eviction after this weekend. I am absolutely devastated at the thought of this, and I promise to continue fighting in the Legislature to ensure that all New Yorkers have access to safe and affordable housing without the risk of being displaced. In the midst of this, I want to offer resources to those fearing the expiration of the moratorium. 

Due to a court order, the Emergency Rental Assistance Program (ERAP) reopened last night, January 11th, at 10 PM. ERAP was created to provide significant economic relief to help low and moderate-income households at risk of experiencing homelessness or housing instability by providing rental arrears, temporary rental assistance and utility arrears assistance. While we are fighting for additional rental assistance from the State and Federal Government in the coming weeks, applying for ERAP will provide applicants with protection against eviction until a final decision on their application is made.  

With the uncertainty of the future of the eviction moratorium, I strongly encourage anyone eligible for ERAP to apply to remain protected from eviction. At this moment, the best way to protect yourself from eviction is to apply for ERAP. Apply here

I also want to make sure that everyone is aware of their rights as a tenant. The following are important rights every tenant should be aware of: 

  • Your landlord cannot directly evict you – Even if you owe rent and your landlord tells you to move, they cannot legally evict you without taking you to court first. Only a judge can legally evict you and a Marshall with a court order can move your belongings. 
  • Your landlord cannot change your locks without your permission – Unless your landlord has a warrant for eviction, changing the locks on your apartment without giving you a key is illegal.
  • Harassment by landlords is illegal - Any form of harassment by landlords, especially if the goal is to get you to move out, is illegal. This includes and is not limited to physical violence, sexual harassment, property damage, turning off the heat or hot water, and threats of eviction.

CASA Bronx, a tenants rights organization in the Bronx, has also created useful tenants’ rights fliers with more information that are available here in both English and Spanish. The NYC Housing Preservation and Development website also provides resources for tenants. I strongly encourage you to take a look, as knowing your rights can also serve to protect you against eviction. 

My office and I are here to assist you with any questions or concerns you may have. Please email my office at biaggi@nysenate.gov or call us 718-822-2049, and a member of my team will assist you. 

With Gratitude, 

State Senator Alessandra Biaggi

State Senator Gustavo Rivera on His Vote to Confirm the Nomination of Judge Shirley Troutman to the Court of Appeals

 

GOVERNMENT HEADER
 "After much consideration, I voted today to confirm Governor Hochul's nomination of Shirley Troutman to the New York State Court of Appeals. Justice Troutman, who will become the second Black woman to serve on our State's highest court, has not only proven to have impeccable judicial credentials, but has also embraced communities with class, dignity and professionalism.

While Judge Troutman's appointment is welcomed, this was a missed opportunity in our efforts to diversify our Judiciary. With her appointment, the majority of the seven judges sitting on the Court of Appeals are career prosecutors or corporate lawyers. Given that this court is the last judicial resort for many New Yorkers facing legal matters, it is critical that this bench becomes professionally more diverse so that it truly represents the needs of all New Yorkers, particularly the most vulnerable among us. We must strive to nominate attorneys with different legal perspectives, especially those who have made a career working on indigent defense, housing, immigration or civil rights. That way, we will ensure that we establish a balanced judicial system that will deliver justice fairly."

Governor Hochul Announces Plan to Address Truck and Bus Driver Shortage

 A masked bus driver is seen.

Proposal Will Enable Third Parties to Conduct Commercial Driver License Road Tests

Public Hearing on January 26 to Allow Public Input on the Proposal

Builds on State's Efforts to Eliminate Barriers and Create Pathways for New CDL Holders


 Governor Kathy Hochul today announced a plan to help address a critical shortage of truck and bus drivers by significantly expanding the availability of road tests for Commercial Driver License (CDL) applicants. The initiative would allow qualified third parties to offer the road tests, which would create more testing locations statewide and expand capacity at the existing state-run sites, reducing the time it takes to get qualified CDL drivers on the road.

The New York State Department of Motor Vehicles will hold a public hearing on Wednesday, January 26, to hear and review comments on the plan. The hearing will take place virtually via WebEx from 10:00 a.m. to 12:30 p.m. It will be open for public comments following a brief introduction by DMV representatives. Written comments may be submitted to CDLThirdPartyTesting@dmv.ny.gov from January 18 to February 4.

"As we continue to fight this pandemic, we remain committed to expanding opportunities for New Yorkers, supporting our schools, and doing all we can to address the supply-chain issues that have affected many businesses throughout our state and country," Governor Hochul said. "By enabling third parties to give the road test for truck and bus drivers, we will create new avenues for New Yorkers to begin exciting careers, for our children to get to school, and to ensure that vital goods get where they need to be."

During the public hearing, the DMV will provide an overview of the proposal that calls for a phased roll out of this initiative that would initially allow other state agencies and authorities that have large fleets of commercial vehicles to begin conducting CDL road tests. The second phase would include qualified private entities. The DMV will establish a rigorous monitoring system to ensure that qualified CDL trainers safely administer the road tests in compliance with state and federal regulations. The DMV will use the feedback gathered during the public hearing to evaluate and develop an implementation plan.

DMV Commissioner Mark J.F. Schroeder said, "We at DMV know how important it is to have qualified truck and bus drivers on the road, and we are committed to doing what we can to address the need. We look forward to gathering public input at this hearing and then acting to enable qualified third parties to offer CDL road tests to give New Yorkers greater opportunity to take the test and to get good jobs driving these essential vehicles."

This new proposal is part of a series of actions taken by the State under Governor Kathy Hochul's leadership to remove barriers and recruit more drivers. In September, Governor Hochul introduced a variety of measures by multiple state agencies to address a shortage of school-bus drivers.

As part of that effort, the DMV expedited the process for obtaining a CDL by removing the 14-day waiting period between the permit test and the road tests. The state also increased capacity to administer road tests and, through cooperation with county-operated DMV offices, to increase testing capacity for written exams. 

In addition, New York opened new CDL Driver Testing sites by partnering with SUNY, the Thruway Authority, New York Racing Association, and the Office of General Services to use large lots on their various sites for the road test. For school staff who held an existing CDL, the State set up expedited testing to obtain a permit that allows them to drive vans and buses temporarily.

Those interested in obtaining a Commercial Driver License can find more information at https://dmv.ny.gov/commercial-drivers

For more information about DMV, visit dmv.ny.gov, or follow DMV on FacebookTwitter and Instagram.