Attorney General James Reminds Landlords to Not Raise Rents If They Accept Pandemic Rental Assistance

 

Landlords Who Receive Payments from the Emergency Rental Assistance Program Cannot Raise Rents for 12 Months

 New York Attorney General Letitia James today issued an advisory to landlords reminding them that they cannot raise rents if they accepted or plan to accept funding from the state’s Emergency Rental Assistance Program (ERAP), which was recently expanded in the state’s budget. Landlords who accept payments from the program are prohibited from raising rents for a year after they receive the funds. Attorney General James is ready to take action to protect tenants if landlords fail to abide by ERAP’s rules.

“The rules are clear: Landlords who accept ERAP payments cannot raise rents for 12 months,” said Attorney General James. “This program was created to support struggling tenants and keep New Yorkers in their homes during the pandemic. Landlords who accepted payments from the state yet are still raising rents are double dipping and breaking the law. I urge any tenant who accepted ERAP payments and received a new lease with rent increases from their landlord to contact my office.”

ERAP is a rent relief program that provides support to low- and moderate-income tenants across the state who could not pay rent during the pandemic. Since the state started accepting applications in June 2021, it has provided hundreds of thousands of New Yorkers with financial support to pay off back rent. It pays up to 12 months of rental arrears accrued on or after March 13, 2020 as well as up to three months of additional rental assistance going forward. In addition, the program pays up to 12 months of electric or gas utility arrears that accrued on or after March 13, 2020. The program was recently infused with an additional $800 million.

Landlords who accept ERAP payments agreed:

• Not to increase the monthly rental amount for one year from receipt of the ERAP payment;
• To waive any late fees due on any rental arrears covered by the ERAP payment; and
• Not to evict ERAP recipients when their lease expires. This does not apply if the apartment is in a building of four or fewer units and the property owner or owner’s immediate family members intend to immediately occupy the unit for use as a primary residence.

The Office of the Attorney General (OAG) has received reports from tenants that landlords who accepted ERAP payments are sending them renewal leases with rent increases amid the 12-month grace period. While these leases may be generated automatically by management, landlords are cautioned not to seek rent increases in renewal or new leases that commence during the 12-month period.

“Now more than ever, it is critical for tenants across New York to empower themselves and know their rights under ERAP, and for landlords to adhere to the law,” said Judith Goldiner, attorney-in-charge of Civil Law Reform Unit, The Legal Aid Society. “We applaud Attorney General James for putting property owners on notice and reinforcing that there will be serious consequences for unscrupulous landlords.”

“The Emergency Rental Assistance program has been an effective tool in ensuring tenants can remain housed during a global health crisis,” said Meghan Zickl, legal tenant advocate, PUSH Buffalo. “Continuing to fund ERAP is a decision we are relieved the New York state legislature made a priority in the most recent state budget. However, we remain concerned about landlords who will take advantage of this mutually beneficial program and seek to undermine the tenant protections in it by raising the rent during the first year, apply excessive late fees, or even trying to move their tenants out, all while accepting ERAP. We have seen this happen in the prior round of ERAP funding, and we must remain aware of those patterns and address them if our goal is to stabilize our communities.”

“The state law that implemented ERAP took measures to promote housing stability,” said Jill Bradshaw-Soto, Esq, chief program officer, Legal Services of the Hudson Valley. “Our clients face numerous obstacles to maintaining safe and sustainable housing and these challenges have increased during the pandemic. As the majority of tenants in housing court are unrepresented, it is critical that both tenants and landlords are informed and understand the ERAP program and it’s protections.”

“During the COVID19 pandemic hundreds of families in North Brooklyn struggled with staying safe and healthy but lost income had difficulty meeting housing costs,” said Frank Lang, housing director, St. Nicks Alliance. “In 2021 St. Nicks Alliance assisted over 200 households apply to the Emergency Rental Assistance Program (ERAP) so these families don’t become homeless. We remind landlords that received ERAP funds to comply with the program regulations. To tenants that received ERAP assistance we encourage them to seek Housing Counseling assistance to ensure that their housing rights are protected.”

Attorney General James offers the following tips and guidance to tenants who have received funding from ERAP:

• Return leases that have a rent increase. Leases that include an increase within 12 months of your landlord receiving ERAP payments should be returned to your landlord with a note explaining that the landlord received ERAP payments and cannot increase the rent. Tenants should follow up with management to explain why the lease is improper and ask for a new lease to be issued.
• Monitor your rent statements. Check your rent statements to make sure that your rent hasn’t been increased or that your landlord is charging you late fees for any of the months covered by the ERAP payment.
• Do not ignore court papers. Even if your landlord received an ERAP payment or you submitted an ERAP application, do not ignore court papers.   
• Speak with an attorney. If your landlord is taking you to court or you have questions about your lease, you should speak with an attorney. You can visit OAG’s tenant help website to find free legal representation.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - Apri; 18, 2022

 

As New Yorkers Continue to Travel During Spring Recess, Remember to Use the Toolkit: Vaccines, Boosters, Testing, and Treatment

More than 38 Million Total Vaccine Doses Administered

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

"The vaccine and booster are our best tools to protect ourselves from COVID-19 and keep the numbers down," Governor Hochul said. "As the two new and highly contagious variants continue to circulate, make sure you are getting tested and if you test positive please stay home and consult your doctor on available treatments. Be smart, wear your mask if you're around vulnerable family members and think it's necessary, and make sure the friends and family you are spending time with are vaccinated and boosted if eligible."

Today's data is summarized briefly below: 

Note: The HERDS Survey (Hospital/Death data) had been paused due to the Holiday weekend. The survey will resume today and the Hospital/Death data will be displayed in tomorrow's report.

• Cases Per 100k - 21.98
• 7-Day Average Cases Per 100k - 29.99
• Test Results Reported - 57,556
• Total Positive - 4,296
• Percent Positive - 7.30%**
• 7-Day Average Percent Positive - 5.12%
• Patient Hospitalization - Will be reported tomorrow
• Patients Newly Admitted - Will be reported tomorrow
• Patients in ICU - Will be reported tomorrow
• Patients in ICU with Intubation - Will be reported tomorrow
• Total Discharges - Will be reported tomorrow
• New deaths reported by healthcare facilities through HERDS - Will be reported tomorrow
• Total deaths reported by healthcare facilities through HERDS - Will be reported tomorrow

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

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 - 70,546

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 - 38,006,331
• Total vaccine doses administered over past 24 hours - 10,935
• Total vaccine doses administered over past 7 days - 208,550
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 92.2%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 83.5%
• 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) - 86.6%
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 82.8%
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 72.9%
• Percent of all New Yorkers with at least one vaccine dose - 81.7%
• Percent of all New Yorkers with completed vaccine series - 73.9%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 89.9%
• Percent of all New Yorkers with completed vaccine series (CDC) - 76.6%

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:    

Borough	Friday, April 15, 2022	Saturday, April 16, 2022	Sunday, April 17, 2022
Bronx	1.47%	1.56%	1.64%
Kings	2.80%	2.91%	3.04%
New York	4.70%	4.70%	4.85%
Queens	2.71%	2.82%	2.98%
Richmond	3.42%	3.31%	3.42%

MAYOR ADAMS APPOINTS JESSICA TISCH AS COMMISSIONER OF DEPARTMENT OF SANITATION

 

 New York City Mayor Eric Adams today announced the appointment of Jessica Tisch as commissioner of the New York City Department of Sanitation (DSNY). Tisch brings over a decade of experience transforming government agencies to work more efficiently and effectively for New Yorkers. As deputy commissioner of Information Technology at the New York City Police Department (NYPD), Tisch led the department into the 21^st century — modernizing systems to strengthen public safety and improve communications. Most recently, Tisch served as commissioner for the Department of Information Technology and Telecommunications (DoITT), where she launched the modernization of the city’s information technology infrastructure and managed critical COVID-19 response and recovery efforts. As DSNY commissioner, Tisch will manage the city’s waste collection, recycling, and disposal, as well as cleaning and snow removal for approximately 6,500 miles of city streets.

“Jessica’s knowledge, experience, and unwavering commitment to New York City cannot be overstated,” said Mayor Adams. “Put plainly, Jessica is a ‘Get Stuff Done’ leader, who has delivered continuous results on behalf of all New Yorkers throughout her career. From revolutionizing policing technology in the NYPD, to overseeing critical pandemic programs to support New Yorkers in need, Jessica’s work has touched millions. All New Yorkers deserve clean, safe, and welcoming streets, and I know Jessica will bring the same energy and deliver results leading the sanitation department as we continue building a just and prosperous recovery for all. I also want to thank Commissioner Grayson for his decades of service — all New Yorkers owe him a debt of gratitude for his unwavering leadership throughout the pandemic.”

“Jessica Tisch brings years of experience navigating city government, and I look forward to working with her as commissioner for the Department of Sanitation,” said Deputy Mayor for Operations Meera Joshi. “As the leader for the Department of Information Technology and Telecommunications, she delivered results, and I know she will work hard to keep our streets clean, make waste collection greener, and keep our roads clear when the winter returns.”

“Clean, safe neighborhoods will power New York City’s recovery, and innovations in composting, recycling, and collection will secure our future,” said DSNY Commissioner Jessica Tisch. “The Department of Sanitation is essential to building the comeback New Yorkers deserve, and I thank Mayor Adams and Deputy Mayor Joshi for entrusting me to helm New York’s Strongest. I’m honored to help the mayor realize his vision for a safer and more welcoming city.”

 

“New York City deserves public servants like Jessica Tisch, who work hard, solve problems creatively, and take public service seriously,” said former New York City Mayor Michael Bloomberg. “For nearly 15 years, from her time in my administration up through today, Jessie has devoted her life to strengthening New York City and improving the lives of its people. She is a fantastic choice to lead DSNY and will throw herself into the mission of keeping our communities clean, fighting climate change, and bringing innovations and new ideas to this important agency. Delivering essential services is government’s number one job and I know Jessie is more than up to the task.”

 

“Sanitation is fundamental to a livable city and Jessica Tisch knows how to deliver timely and effective services,” said New York City Comptroller Brad Lander. “Her tenure at DoITT demonstrates that she is the kind of problem solver our city needs — from her work to create a text-to-911 system to installing broadband in family shelters. I applaud the appointment of Jessica Tisch to lead the Sanitation Department.”

 

“Our borough knows firsthand the importance of the Department of Sanitation in our communities and the need for clean streets and neighborhoods,” said Bronx Borough President Vanessa L. Gibson. “While working alongside Jessica Tisch during my time as chair of Public Safety, she oversaw the rollout of body cameras, the 911 call system, and other important new technologies that have helped to make us a safer city. I believe she has the commitment, dedication, diligence, and tenacity to lead the Department of Sanitation and enact incredible change for our borough and city.”

 

“We wish Commissioner Grayson nothing but the best and are grateful for his years of service to the city,” said Harry Nespoli, president, Uniformed Sanitationmen’s Association – Local 831. “I look forward to working together with Commissioner Tisch to support our members who keep the city moving every day and to build a cleaner, safer New York City for all.”

 

“Jessica Tisch ‘Gets Stuff Done,’” said former NYPD Commissioner William J. Bratton. “She has the quality of leadership, the creativity to imagine how to do things that have never been done before, and the management ability to make those things happen. At NYPD, Jessie led change that most in the industry thought would never be possible, and she did it at the largest police department in the country.”

 

“I welcome Jessica Tisch to the Department of Sanitation,” said Kathryn Garcia, operations director, New York State; and former commissioner, DSNY. “Through her work at the NYPD, DoITT, and during the pandemic, she has fearlessly tackled complex problems and delivered for New Yorkers. I know she will bring her creativity to the challenges of climate change and keeping New York safe and clean. I also want to applaud outgoing Commissioner Grayson for his 20 years of service to New Yorkers and dedication to the agency.” 

 

“We welcome Jessica Tisch as the 45^th commissioner of the Department of Sanitation,” said Eric A. Goldstein, New York City environment director, Natural Resources Defense Council. “We know of her passion and commitment to public service and her love of New York City.  And we look forward to collaborating with her, the department’s dedicated sanitation workers, and the Adams administration to advance critical initiatives, including commercial waste zone implementation, citywide curbside composting collection, and other Zero Waste programs.”

 

“Jessica Tisch has the management skills and indomitable spirit required to lead the fight for the cleaner and more environmentally responsible city that New Yorkers are clamoring for,” said Kathryn Wylde, president and CEO, Partnership for New York City. “She is a terrific pick for this job.”

 

About Jessica Tisch

 

Jessica Tisch was appointed DoITT commissioner and citywide chief information officer in December 2019. As commissioner, she ran the largest municipal IT organization in the country, with a wide portfolio, ranging from public safety to human services to economic development, as well as New York City 311.

 

Tisch served as a core member of the team that managed the city’s COVID-19 pandemic response — building and managing critical programs that tangibly served New Yorkers, including the city’s vaccination system. The results included:

 

• Over 4 million vaccination appointments scheduled through the Vax4NYC platform,
• 50 million calls processed through the 311 Call Center,
• 2 million cases and contacts processed through the contact tracing system,
• 2 million downloads of the NYC Covid Safe app,
• Half a million New York City public school students doing schoolwork remotely during the darkest days of the pandemic on city-issued iPads,
• 300 million meals delivered to food insecure New Yorkers through the GetFood program,
• 600,000 $100 incentives claimed by New Yorkers through the vaccine incentive portal, and
• Tens of thousands of marriage licenses and wedding ceremonies performed online.

 

Tisch also kickstarted the buildout of 5G across the city, more than quadrupled DoITT’s spending with minority and women owned businesses, put in place 10 new commercial and residential broadband franchise agreements, rolled out text-to-911, began a wholesale modernization effort of the city’s IT infrastructure, and led the rollout of Wi-Fi in all homeless shelters that serve families with children.

 

Prior to joining DoITT, Tisch served as deputy commissioner of information technology at the NYPD, where she spearheaded efforts to use technology to transform the NYPD's fundamental business processes, including how officers are dispatched and respond to 911 calls, take crime reports, investigate, and search for wanted or missing persons.

 

She managed the development and implementation of the flagship Domain Awareness System, which is at the heart of the NYPD's crime fighting and counterterrorism operations. Under her leadership, every officer was equipped with a smartphone, giving them access to real-time information in the field, as well as improving their accessibility to the public.

 

Tisch also managed the implementation of the NYPD's body-worn camera program and drove additional efforts to improve transparency and public access, including creating online platforms to deliver timely crime and traffic statistics and implementing secure systems to allow people to access vehicle accident reports, pistol permits, and Crime Stoppers information.

 

Tisch began her public service career in 2008, when she joined the NYPD. She is a graduate of Harvard College, Harvard Law School, and Harvard Business School, and is a lifelong New Yorker.

 

State Inspector General Lucy Lang makes public additional investigative letters

 

Letters are disclosed as part of ongoing commitment to transparency

 State Inspector General Lucy Lang announced that her office has released publicly, as part of its ongoing commitment to transparency, more investigative letters issued during the first quarter of 2022. These letters, which the Inspector General sends to public officials and employees regarding allegations of misconduct or wrongdoing, provide information on the investigative findings by the Inspector General during the time period.

“Since day one in November when I first took office as Inspector General, I have been clear about my commitment to ensuring that state government is held to a higher standard of accountability and transparency,” said Inspector General Lucy Lang. “We announced transformative steps to increase transparency by making resources publicly available about the IG’s work historically, and going forward. Today’s actions mark an important step in our ongoing efforts to hold officials and entities accountable, and to rebuild trust with the people of New York State.”

These advisory letters to state agencies and authorities outline relevant investigatory findings and recommendations of matters that were referred to the office. The materials are now available on the “Public Information” page of www.ig.ny.gov (note the filters for “Reports” and “Letters” on the left-hand column).

• 02.16.22 NYC HRA letter re: Public assistance
• 02.17.22 Gaming Commission letter re: Equine veterinarian
• 02.17.22 OPWDD letter re: Fuel card purchases
• 03.03.22 DOT letter re: Engineers’ outside employment
• 03.09.22 DEC letter re: Misconduct complaint
• 03.31.22 DMV letter re: Improper vehicle inspection certificates
• 03.31.22 DOCCS letter re: Medical notes excusing absences
• 03.31.22 NYSTA letter re: Engineer’s outside employment

The Office of Inspector General is charged with the mission of monitoring, investigating and combating fraud, waste and abuse with over a hundred agencies in state government. The ongoing proactive publication of such materials is part of the Inspector General’s Government Transparency Initiative, as mandated by Governor Kathy Hochul. Portions of the records have been redacted due to privacy concerns and exemptions from disclosure as mandated by New York’s Freedom of Information Law (FOIL).