Thursday, January 13, 2022

Bronx Woman Convicted Of Kidnapping

 

 Damian Williams, United States Attorney for the Southern District of New York, announced that YUDITH REYNOSO-HICIANO, a/k/a “La Classica,” was convicted today in Manhattan federal court of kidnapping conspiracy and kidnapping.  REYNOSO-HICIANO was convicted after a four-day jury trial before U.S. District Judge Denise L. Cote.

U.S. Attorney Damian Williams said:  “Yudith Reynoso-Hiciano and others tied up a victim and assaulted him following a drug deal gone bad.  Thanks to the U.S. Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department, Reynoso-Hiciano was apprehended, prosecuted, and now stands convicted of these violent crimes.”

According to the allegations contained in the Indictment and the evidence presented at trial:

In May 2019, REYNOSO-HICIANO and others kidnapped an individual (“Victim-1”), in connection with a dispute between REYNOSO-HICIANO’s brother and Victim-1 relating to the sale of a kilogram of cocaine.  REYNOSO-HICIANO and others kept Victim-1 at her apartment, where they tied his wrists together, assaulted him, and threatened to beat him with a crowbar and to press a hot clothing iron against his chest.    

REYNOSO-HICIANO, 43, of the Bronx, New York, was convicted by a jury of one count of kidnapping conspiracy and one count of kidnapping.  Each count carries a maximum term of  life in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the sentencing of the defendant will be determined by the judge.

REYNOSO-HICIANO is scheduled to be sentenced on April 15, 2022.

Mr. Williams praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department. 

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JANUARY 13, 2022

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

101,194 Vaccine Doses Administered Over Last 24 Hours       

195 COVID-19 Deaths Statewide Yesterday


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

"Even as the rate of new infections continues to move in a promising direction, too many New Yorkers are getting sick, being hospitalized or tragically losing their lives -- we must remain vigilant in our fight against the virus,” Governor Hochul said. “We can't afford to reverse the progress we've made fighting this winter surge. Let's continue to use the tools at our disposal to stop the spread and keep our loves ones safe and healthy: Vaccines, boosters, masks and best practices like washing your hands and staying home if you're sick.”

Today's data is summarized briefly below: 

  • Test Results Reported - 356,699
  • Total Positive - 60,374
  • Percent Positive - 16.93%
  • 7-Day Average Percent Positive – 19.42%
  • Patient Hospitalization - 12,452 (-219)
  • Patients Newly Admitted – 1,848
  • Patients in ICU - 1615 (+22)
  • Patients in ICU with Intubation - 845 (+15)
  • Total Discharges - 249,248 (+1,894)
  • New deaths reported by healthcare facilities through HERDS - 195
  • Total deaths reported by healthcare facilities through HERDS - 50,154

    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 – 62,849

    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 - 34,712,435
  • Total vaccine doses administered over past 24 hours - 101,194
  • Total vaccine doses administered over past 7 days - 629,690
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose – 90.0% 
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 81.1% 
  • 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) – 83.5%
  • Percent of all New Yorkers with at least one vaccine dose – 79.0%
  • Percent of all New Yorkers with completed vaccine series - 70.6% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 85.7% 
  • Percent of all New Yorkers with completed vaccine series (CDC) - 72.7%

Permits Filed For 1015 East Gun Hill Road In Williamsbridge, The Bronx

 

1015 East Gun Hill Road in Williamsbridge, The Bronx

Permits have been filed for a seven-story residential building at 1015 East Gun Hill Road in Williamsbridge, The Bronx. Located between Laconia Avenue and Paulding Avenue, the lot is near the Gun Hill Road subway station, serviced by the 2 and 5 trains. Kodra Construction is listed as the owner behind the applications.

The proposed 65-foot-tall development will yield 55,771 square feet designated for residential space. The building will have 84 residences, most likely rentals based on the average unit scope of 663 square feet. The masonry-based structure will also have a cellar, a 65-foot-long rear yard, and 29 open parking spaces.

Node Architecture Engineering Consulting is listed as the architect of record.

Demolition permits were filed in October for the one-story building on the site. An estimated completion date has not been announced.

Attorney General James Secures $1.85 Billion From Deceptive Student Loan Servicer Navient

 

Multistate Agreement Cancels $1.7 Billion in Student Debt, Recovers $95 Million in Restitution for Thousands of Students Nationwide

New York Student Borrowers Will Have More than $110 Million in Debt Cancelled

 New York Attorney General Letitia James today announced a $1.85 billion agreement with one of the nation’s largest student loan servicers, Navient, after it deceived thousands of student loan borrowers into costly, long-term, forbearance plans, causing students to pay more than they should have. A bipartisan coalition of 39 attorneys general negotiated the multistate agreement that cancels $1.7 billion in private student loan debt and recovers $95 million in restitution for thousands of students nationwide.

“For too long, Navient contributed to the national student debt crisis by deceptively trapping thousands of students into more debt,” said Attorney General James. “Today’s billion-dollar agreement will bring relief to thousands of borrowers in New York and across the nation and help them get back on their feet. Navient will no longer be able to line its pockets at the expense of students who are trying to earn a college degree. Student loan servicers that operate through deception and wrongdoing will not be tolerated and will be held accountable by my office.”

A multistate investigation into Navient found that, since 2009, the company has been steering struggling student loan borrowers into costly, long-term forbearances instead of counseling them about the benefits of more affordable income-driven repayment plans. The interest that accrued because of Navient’s forbearance steering practices was added to the borrowers’ loan balances, pushing students further in debt. Had the company instead provided borrowers with the help it promised, income-driven repayment plans could have reduced payments to as low as $0 per month, provided interest subsidies, and/or helped attain forgiveness of any remaining balance after 20 to 25 years of qualifying payments (or 10 years for borrowers qualified under the Public Service Loan Forgiveness Program [PSLF]).

The investigation found that Navient also provided predatory, subprime, private loans to students attending for-profit schools and colleges with low graduation rates, although the company knew that a very high percentage of those borrowers would be unable to repay the loans. Navient allegedly made these risky subprime loans as “an inducement to get schools to use Navient as a preferred lender” for highly profitable federal and “prime” private loans, without regard for borrowers and their families, many of whom it unknowingly ensnared in debts they could never repay.

Under the terms of today’s agreement, Navient will cancel the remaining balance on nearly $1.7 billion in subprime, private student loan balances owed by nearly 66,000 borrowers nationwide. Additionally, a total of $95 million in restitution payments, of about $260 each, will be distributed to approximately 350,000 federal loan borrowers who were placed in certain types of long-term forbearances. Borrowers who will receive restitution or debt cancellation span all generations, as Navient’s harmful conduct impacted everyone from students who enrolled in colleges and universities immediately after high school to mid-career students who dropped out after enrolling in a for-profit school in the early to mid-2000s. Navient will also be forced pay $142.5 million to the states as part of today’s agreement.

New York will specifically receive a total of about $6.8 million in restitution payments for more than 25,000 federal loan borrowers. Additionally, about 4,300 New York borrowers will receive over $110 million in private loan debt cancellation. New York state will also receive almost $1.2 million in cash.

The agreement also includes conduct reforms that require Navient to explain the benefits of income-driven repayment plans and to offer to estimate income-driven payment amounts before placing borrowers into optional forbearances. Additionally, Navient must train specialists who will advise distressed borrowers concerning alternative repayment options and counsel potentially eligible workers concerning PSLF and related programs. The conduct reforms imposed by the agreement include prohibitions on compensating customer service agents in a manner that incentivizes them to minimize time spent counseling borrowers. 

Finally, the agreement requires Navient to notify borrowers about the U.S. Department of Education’s recently announced PSLF limited waiver opportunity, which temporarily offers millions of qualifying public service workers the chance to have previously nonqualifying repayment periods counted toward loan forgiveness — provided  that they consolidate into the Direct Loan Program and file employment certifications by October 31, 2022.

As a result of today’s agreement, borrowers receiving private loan debt cancellation will receive a notice from Navient, along with refunds of any payments made on the cancelled private loans after June 30, 2021. Federal loan borrowers who are eligible for a restitution payment of approximately $260 will receive a postcard in the mail from the settlement administrator later this spring.

Federal loan borrowers who qualify for relief under this agreement do not need to take any action other than updating or creating their studentaid.gov account to ensure the U.S. Department of Education has their current address. Borrowers can learn more about today’s agreement online. Consumers who are confused about or would like to learn more about their student loans can do so at the National Consumer Law Center’s Student Loan Borrowers Assistance Project.

Until recently, Navient had a contract to service federal student loans owned by the U.S. Department of Education, including a large portfolio of loans made under the Direct Loan Program and a large portfolio of loans made under the Federal Family Education Loan (FFEL) program. On October 20, 2021, the U.S. Department of Education announced the transfer of this contract from Navient to AidVantage, a division of Maximus Federal Services, Inc. However, Navient will continue to service federal student loans made under the FFEL Program that are owned by private lenders, as well as non-federal private student loans.

Today’s consent judgment is accompanied by a complaint naming Navient Corporation, Navient Solutions, LLC, Pioneer Credit Recovery, Inc., and General Revenue Corporation as defendants. The agreement also requires court approval.

Housing Lottery Launches For Cyrus Place At 4697 3rd Avenue In Fordham, The Bronx

 

The affordable housing lottery has launched for Cyrus Place Apartments, an eight-story mixed-use building at 4697 3rd Avenue in Fordham, The Bronx. Designed by Curtis + Ginsberg Architects and developed by Bronx Pro Group, the structure yields 53 residences and ground-floor commercial space. Available on NYC Housing Connect are 44 units for residents at 30 to 80 percent of the area median income (AMI), ranging in eligible income from $16,560 to $118,400.

Cyrus Place at 4697 3rd Avenue in Fordham, The Bronx via NYC Housing Connect

Residents will have access to an on-site superintendent, elevator, a residential terrace, gym, bicycle storage room, and shared laundry room. Units come with energy-efficient appliances and air conditioning.

At 30 percent of the AMI, there are four units with monthly rent ranging from $410 to $701 for incomes ranging from $16,560 to $44,400. At 40 percent of the AMI, there are six units with monthly rent ranging from $589 to $1,011 for incomes ranging from $22,698 to $59,200. At 50 percent of the AMI, there are six units with monthly rent ranging from $768 to $1,322 for incomes ranging from $28,835 to $74,000. At 70 percent of the AMI, there are 12 units with monthly rent ranging from $1,002 to $1,759 for incomes ranging from $36,858 to $103,600. At 80 percent of the AMI, there are 16 units with monthly rent ranging from $1,163 to $2,037 for incomes ranging from $42,378 to $118,400.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than March 16, 2022.

NYS Office of the Comptroller DiNAPOLI RELEASES BOND CALENDAR FOR FIRST QUARTER

 

Tentative Schedule Includes $6.9 Billion of New Money and Refunding Debt Sales

 New York State Comptroller Thomas P. DiNapoli today announced a tentative schedule for the planned bond sales for New York state, New York City and their major public authorities during the first quarter of 2022.

The planned sales of $6.91 billion include $6.28 billion of new money and $630 million of refundings and reofferings as follows:

  • $2.33 billion scheduled for January, $2.15 billion of which is for new money purposes and $179 million of which is for refunding or reoffering purposes; and
  • $1.61 billion scheduled for February, $1.15 billion of which is for new money purposes and $451 million of which is for refunding purposes; and
  • $2.97 billion scheduled for March, all of which is for new money purposes.

The anticipated sales in the first quarter compare to past planned sales of $5.05 billion during the fourth quarter of 2021, and $6.92 billion during the first quarter of 2021.

The State Comptroller’s Office chairs the Securities Coordinating Committee, which was created by Gubernatorial Executive Order primarily to coordinate the borrowing activities of the state, New York City, and their respective public authorities. All borrowings are scheduled at the request of the issuer and done pursuant to their borrowing programs.

A new schedule is released every quarter and updated as necessary. The schedule is released by the committee to assist participants in the municipal bond market. It is contingent upon execution of all project approvals required by law. The collection and release of this information by the Office of the State Comptroller is not intended as an endorsement of the proposed issuances it contains, many of which will be subject to approval by the Office of the State Comptroller.

The prospective first quarter calendar includes anticipated bond sales by the following issuers: the Dormitory Authority of the State of New York, the Metropolitan Transportation Authority, the New York City Municipal Water Finance Authority, the New York City Transitional Finance Authority, the New York Liberty Development Corporation, the New York State Housing Finance Agency, the New York Transportation Development Corporation, and the Triborough Bridge and Tunnel Authority.

Calendar:

Securities Coordinating Committee (SCC) Forward Issuance Bond Calendar

CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION WARNS NEW YORKERS OF CARBON MONOXIDE AND FIRE HAZARDS DURING EXTREME COLD WEATHER

 

 DCP Offers Tips to Help New Yorkers Stay Safe and Warm

 The New York State Division of Consumer Protection today issued a consumer alert about the dangers of carbon monoxide and fire hazards in extreme cold weather. The winter months pose the most risk for these hazards—as the temperatures drop, consumers may turn to dangerous heating alternatives to stay warm. Propane heaters, generators, space heaters and/or outdoor grills all pose lethal risks of carbon monoxide poisoning and fire hazards when used improperly.

“We are in the height of the winter months with shorter daylight hours and extreme cold weather. To help fight the extreme cold weather, many people seek additional ways to keep warm and these heating methods can often be dangerous," said Acting Secretary of State Robert J. Rodriguez. “There are basic tips New Yorkers can follow to help stay warm and most importantly, safe throughout the winter months.”

Carbon monoxide (CO) is a colorless and odorless, but deadly poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas. Products and equipment powered by internal combustion engines such as portable generators, snow blowers and cars produce the gas. CO from these sources can build up in enclosed or partially enclosed spaces. People and animals unknowingly breathing in CO can be poisoned, resulting in significant health risks, including death.

When temperatures plummet, home heating systems run for hours and the potential for CO poisoning increases. In severe weather, using alternative sources of power can also cause CO to build up in the home. According to the Center for Disease Control, every year at least 430 people die from accidental CO poisoning across the United States, and 50,000 people seek emergency accidental CO poisoning treatment at hospitals.

Colder temperatures also increase the risk of fire hazards. Portable space heaters used incorrectly can start a fire. Having space heaters plugged in along with too many electronics can overload extension cords, causing them to ignite.

The New York State Division of Consumer Protection offers the following tips to keep families safe and warm this winter:

Home Carbon Monoxide Poisoning Prevention Tips:

  • Install carbon monoxide alarms. There should be a carbon monoxide alarm on every floor of a home. Such alarms are required on every floor of new home construction.
  • Inspect all fuel-burning equipment every year. Have a trained service technician inspect your home heating systems. Make sure that all gas heaters are properly vented to the outside.
  • Use generators safely. Do not use a gas or electric generator in a home, garage, basement or any enclosed space. Plug in appliances to the generator using only individual heavy-duty, outdoor-rated electrical cords. When used, gas generators should be located at least 20 feet from any window, door or vent -- preferably in a space where rain and snow does not reach them.
  • Grills are for outdoor use only. Do not use a gas or charcoal grill indoors or inside a garage, as they release deadly fumes.
  • Avoid build-up of carbon monoxide fumes. Open the fireplace damper before lighting a fire and keep it open until the ashes are cool. Never use a gas range or oven to warm up a home. Never leave a vehicle running while parked in a garage attached to a home, even if the windows are open. Have vehicles’ mufflers and tailpipes checked on a regular basis to prevent accidental CO build-up.

If one suspects carbon monoxide poisoning, they should get to fresh air immediately and then call 911.

Winter Home Heating & Fire Safety Tips:

  • Safely operate fireplaces, wood stoves and other combustion heaters. Use fireplaces, wood stoves, or other combustion heaters only if they are properly vented to the outside and do not leak flue gas into the indoor air space. If planning to use a wood stove, fireplace, or space heater, follow the manufacturer’s instructions. Do not burn paper in a fireplace.
  • Keep your home properly ventilated. Ensure adequate ventilation if using a kerosene heater. Also, use only the specific type of fuel a heater is designed to use—don’t substitute with another source.
  • Keep space heaters away, stable, and uncovered. Space heaters should be kept at least three feet away from beds, clothes, curtains, and other flammable materials. Never cover a space heater or place on top of furniture or near water. Space heaters should not be left unattended when used near children. If a space heater has a damaged electrical cord or produces sparks, stop use immediately.
  • Check your extension cords. Extension cords should not be overloaded or run where they can become a tripping hazard. Never run extension cords under carpets or rugs. Avoid using extension cords with a space heater.
  • Prepare for emergencies. Keep a multipurpose, dry-chemical fire extinguisher near the area to be heated. Regularly review fire safety plans with your family, especially with homes with young children, older adults, and persons with disabilities. Make sure there is a working smoke alarm on every level and outside of sleeping areas, and that the batteries in the alarm are functional. If there is a power failure at home, use battery-powered flashlights or lanterns instead of candles, if possible. Never leave lit candles unattended.

Additional resources are offered through the NYS Office of Fire Prevention and Control’s Carbon Monoxide Virtual Toolbox and the through the NYS Department of Health Cold Weather Tips page.

About the New York State Division of Consumer Protection

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. Consumers can file a complaint with the Division of Consumer Protection at https://dos.ny.gov/consumer-protection.

For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at https://dos.ny.gov/consumer-protection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.

United States Sues Renovation Firms And Their Principals For Violating Lead-Based Paint Safety Regulations


 Damian Williams, the United States Attorney for the Southern District of New York, and Lisa Garcia, Regional Administrator of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against CISNE NY Construction, Inc., CISNE JE Construction, Inc., CISNE Contracting, Inc., and their principals Jose Pancha and Edison Ruilova (together, the “CISNE Defendants”), alleging that the CISNE Defendants repeatedly violated the federal Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”).  TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead paint dust during renovations of residential buildings.

Exposure to lead paint dust is the most common cause of lead poisoning.  Lead poisoning—particularly in children—can lead to severe, irreversible health problems.  Lead exposure can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems. 

U.S. Attorney Damian Williams said: “As alleged, the CISNE Defendants repeatedly violated rules designed to protect children and others from lead poisoning during renovations of residential buildings.  Their actions threatened the most vulnerable with severe lifelong injury.  This Office will vigorously enforce the laws designed to protect the health of children against violators who disregard the public health and put children at risk.”

EPA Regional Administrator Garcia stated: “EPA recognizes that all people deserve protection from the hazards of lead-based paint, especially our most vulnerable communities. This case involves allegations of multiple violations in hundreds of NYC apartments. Reducing childhood lead exposure and addressing associated health impacts are one of EPA’s top priorities and we are committed to the robust enforcement of standards that are intended to protect individuals and families.”

The Complaint filed today in Manhattan federal court alleges that the CISNE Defendants repeatedly failed to use legally required safety precautions when renovating apartments that are presumed by law to contain lead paint because they were built prior to 1978.  EPA and New York City Department of Health and Mental Hygiene inspectors observed that the CISNE Defendants failed to contain debris and dust during their work, creating exposure hazards.  Construction dust was found not just in the units being worked on, but also in the public hallways accessible to other building residents.  Testing demonstrated that dust exceeded both local and federal safety standards.  The CISNE Defendants also failed to post warning signs at these jobs or take other steps required by law to protect tenants and workers.  In all of this, the CISNE Defendants risked exposing tenants and workers to lead paint dust and violated TSCA and the RRP Rule.

The Complaint also alleges that for years, in violation of TSCA and the RRP Rule, the CISNE Defendants performed renovations in New York City apartment buildings without the training and certifications required to perform such work, and that they failed to provide EPA with legally mandated records that would allow EPA to audit their work.   

The Complaint filed by the United States seeks an injunction barring the CISNE Defendants from performing further work governed by the TSCA and the RRP Rule without complying with mandated safety requirements. The Complaint also seeks an order requiring the CISNE Defendants to mitigate the harms caused by their prior illegal renovation work.