Governor Hochul Releases Initial Recommendations From Inter-Agency Fire Safety Working Group

 

Working Group Outlines Recommended Enhanced Safety Standards for Battery Energy Storage Systems

Recommendations Include Updating Fire Code of New York State and Establishing Best Practices

Governor Kathy Hochul today released initial recommendations from the Inter-Agency Fire Safety Working Group, outlining enhanced safety standards for battery energy storage systems. The draft recommendations include potential updates to the Fire Code of New York State as well as a list of additional opportunities for defining and implementing best practices. If adopted, the changes will codify enhanced safety standards and continue to position New York as a national leader in responsible and reliable battery energy storage development. Today’s announcement follows the release of initial data that found that there were no reported injuries and no harmful levels of toxins detected following fires at battery energy storages systems in Jefferson, Orange and Suffolk Counties last summer.

“The battery energy storage industry is enabling communities across New York to transition to a clean energy future, and it is critical that we have the comprehensive safety standards in place,” Governor Hochul said. “Adopting the Working Group’s recommendations will ensure New York’s clean energy transition is done safely and responsibly.”

The 15 draft recommendations announced today are proposed by the Working Group, with guidance from nation leading subject matter experts, after completing a thorough examination of the existing Fire Code of New York State (FCNYS) and other energy storage fire safety standards. They address preventative and responsive measures as well as best practices, and include proposed requirements related to peer review of project permit application packages, emergency response planning, and local fire department training, among others. The recommendations identify ways to further improve the regulatory framework for BESS in New York, are intended to apply to lithium-ion BESS exceeding 600 kilowatt-hours (kWh). The recommendations were developed with a focus on outdoor systems, BESS in dedicated use buildings, and other grid-scale battery energy storage systems. They will be considered by the New York State Code Council (Code Council) for inclusion in the next edition of the FCNYS to help improve deployment of safety standards in the State and potentially across the country. Interested stakeholders are encouraged to submit comments on these draft recommendations to the Working Group for incorporation into the final recommendations to be submitted to the Code Council for consideration.

The public comment period is open through March 5, 2024 at 3:00 p.m. EST.

Battery energy storage systems are a critical component to achieving a reliable, zero-emissions electric grid since the storage of electricity can help balance the load on the grid during high demand or reduced generation periods. Following a series of fires at three BESS locations across New York State in the summer of 2023, Governor Hochul convened the Inter-Agency Fire Safety Working Group to address safety concerns around lithium-ion BESS. The Working Group includes State agency officials from the New York State Division of Homeland Security and Emergency Services, New York State Office of Fire Prevention and Control, New York State Energy Research and Development Authority (NYSERDA), New York State Department of Environmental Conservation, Department of Public Service and the Department of State, as well as nation-leading BESS safety industry experts with the objectives of investigating the recent failure events, inspecting current installations and identifying gaps in codes and industry best practices.

Today’s announcement builds on the progress being made by the Working Group following the release of the initial results from air, soil and water testing at the sites of the fires at the end of last year. Additionally, the Working Group is concluding negotiations with the impacted facilities’ battery manufacturers and utility companies to secure Root Cause Analysis (RCA) reports for the Warwick, East Hampton, and Chaumont fires. Subject matter experts will review and analyze the reports once they are made available.

The Working Group has also partnered with subject matter experts to inspect all operational battery systems above 300 kW in New York, which accounts for the majority of commercial battery systems in service across the State. Inspections are currently underway and are expected to be complete by the second quarter of 2024. The goal of these inspections is to revise the current evaluation checklists and best-practices available for use by New York State and others prior to energizing battery energy storage systems, and to incorporate lessons learned from the battery fires while enhancing emergency response measures.

New York State's Nation-Leading Climate Plan

New York State's climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts – including the New York Cap-and-Invest program (NYCI) and other complementary policies – to reduce greenhouse gas emissions 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $40 billion in 64 large-scale renewable and transmission projects across the State, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York’s clean energy sector as of 2022 and over 3,000 percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with more than 400 registered and more than 130 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.

Housing Lottery Launches For 710-714 East 215th Street In Williamsbridge, The Bronx

 

The affordable housing lottery has launched for 710-714 East 215th Street, a four-story residential building in Williamsbridge, The Bronx. Designed by Boaz M. Golani of BMG Design Build and developed by Shaya Seidenfeld, the structure yields 16 residences. Available on NYC Housing Connect are 15 units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $72,000 to $167,570.

710-714 East 215th Street in Williamsbridge, The Bronx via NYC Housing Connect

The building has a shared laundry room. Residences include air conditioning, intercoms, patios or balconies, and name-brand kitchen appliances, countertops, and finishes. Tenants are responsible for electricity including stove and heat.

At 130 percent of the AMI, there are 14 studios with a monthly rent of $3,105 for incomes ranging from $106,458 to $146,900, and one one-bedroom with a monthly rent of $3,317 for incomes ranging from $113,726 to $165,230.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than February 27, 2024.

MAYOR ADAMS DELIVERS TESTIMONY TO NEW YORK STATE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES

 

New York City Mayor Eric Adams today provided testimony to the New York State Senate Finance and Assembly Ways and Means Committees, focusing on the administration’s Albany agenda to advance working-class families through extending mayoral accountability for four years, granting the city authority to shut down illegal smoke shops and creating more affordable housing. Finally, Mayor Adams outlined the city’s fiscal challenges, including state funding for asylum seekers and increasing New York City’s debt limit.

 

Below are Mayor Adams’ remarks as prepared for delivery:

 

Thank you, Chair Krueger, and in her absence my longtime Brooklyn colleague Chair Weinstein; Cities Chairs Sepúlveda and Braunstein; Local Government Chairs Martinez and Thiele; and members of the Assembly Ways and Means and Senate Finance committees.

 

I am Eric Adams, mayor of New York City. I’m proud to be here today with Jacques Jiha, director of our Office of Management and Budget. As I said in my recent State of the City, our city has always been about what is possible. It’s a place where you can start a business, start a family, and make your mark.

 

Two years ago, we came into office with a clear mission: to keep that American dream burning bright by protecting public safety, rebuilding our economy, and making our city more livable. Twenty-four months later, we are seeing real results. Crime is down, jobs are up, and every day we are delivering for working-class New Yorkers.

 

You have been our partners throughout this work, and to keep New York City on its upward trajectory, we must continue that strong partnership.

 

Protecting public safety means granting New York City the power to shut down illegal smoke shops, so New Yorkers can walk down the street without being bombarded by illegal shops that operate outside the law and put young New Yorkers at risk.

 

Rebuilding our economy means creating homes New Yorkers can afford, so working-class families can earn a living, raise their kids, and make it in the greatest city in the world.

 

It also means preparing our young people to succeed. Reading and math test scores are up, and we are outpacing the state, but if we don’t extend mayoral accountability, we risk going backwards.

 

Making this city more livable means investing in cleaner streets and more vibrant public spaces. To continue those investments, we need financial support to cover the costs of the asylum seeker humanitarian crisis.

 

These are urgent needs that support working-class families in New York City, and our administration is asking for your help.

 

But first, I want to thank you for your partnership in Getting Stuff Done for New Yorkers last year. Thanks to your leadership, we will preserve more affordable housing as a result of J-51 benefits; we were able to make substantial investments in our young people’s education; and we were able to defray some of the substantial costs associated with managing the asylum seeker humanitarian crisis.

 

New York City is proud to uphold our legacy as a city of immigrants. And we are proud that we have demonstrated leadership and compassion, when so many others showed only cruelty.

 

Over the past 22 months, we have provided more than 173,900 asylum seekers with food, medical care, and shelter. Of those, we’ve helped more than 107,500 — more than 60 percent — take the next step on the path to self-sufficiency. We have helped tens of thousands file Temporary Protected Status, asylum, and work authorization applications, bringing them one step closer to living a more stable life.

 

However, right now, there are more than 66,200 asylum seekers still in the city’s care. When you add in the 55,000 longtime New Yorkers in the city’s DHS system and well as others, that means we have close to three times the number of people in our shelter system than when we came into office. And it all comes at a great cost to our city.

 

In November, due to the growing asylum seeker humanitarian crisis, sunsetting federal stimulus that was used to support vital programs, and the cost of funding long-ignored labor contracts, we faced a historically large $7.1 billion budget gap.

 

We are legally required to balance Fiscal Years ’24 and ’25 in January. So we developed our financial plan without relying on federal assistance because, after many trips to Washington, D.C., I realized that the federal cavalry was not coming to the rescue. We did not procrastinate.

 

We knew that the faster we made the painful, but necessary, decisions, the faster we could stabilize the city’s finances. We frontloaded our implementation of the plan, which includes multiple rounds of savings through our Plan to Eliminate the Gap, or PEG, a hiring freeze, and a freeze on other-than-personal-services spending, among other things.

 

These decisions proved to be effective, resulting in a record level of $6.6 billion in PEG savings over Fiscal Years ’24 and ’25 — in the November and January Plans.

 

And we accomplished all this without layoffs, raising taxes, or major disruptions to city services.

 

Our savings include $1.7 billion that we achieved by taking steps to manage the cost of providing services for new arrivals by: reducing daily household costs, negotiating and renegotiating rates, and rebidding contracts and shelters run by for‑profit vendors, implementing intensive case management support to help asylum seekers reach their final destinations and leave our care, and transitioning away from a humanitarian relief center model of care to non‑profit service providers.

 

And in January, after a careful review of savings initiatives we implemented in November, we restored funding for critical initiatives protecting public safety, public spaces, and young people.

 

While these actions are important to New Yorkers, they represent less than three percent of the savings we achieved over the two years.

 

But I need to be crystal clear — although we have stabilized our financial situation through hard work and advanced planning, we are not out of the woods. While we appreciate the commitment the governor made last year to cover one-third of the city’s asylum seeker costs, this was based on the premise that the city, the state, and the federal government would split the costs three ways. The federal government has only committed $156 million — the vast majority of which we have yet to receive because of a complicated reimbursement process.

 

Despite our efforts, we cannot assume they will give us any more. While we are deeply grateful for the $1 billion that was appropriated in this year’s state’s budget, the midyear adjustment of nearly $900 million, and the $1.1 billion in shelter costs proposed in in the governor’s Executive Budget, we are still shouldering the largest share of asylum seeker costs.

 

In our budget, we assume that the state will meet its commitment to cover one-third of $10.6 billion in migrant costs over Fiscal Years ’23 through ’25. As of the governor’s Executive Budget, the state’s commitment to the city is just over $3 billion — or roughly 28 percent — which is $400 million short.

 

This, along with $200 million in budget hits like the Distressed Hospitals Fund sales tax intercept and school aid reduction, grows our Fiscal Year ’25 gap by $600 million.

 

New Yorkers are already carrying most of the asylum seeker costs. It is wrong to ask them to do more, and it puts our city in a precarious position. Today, we are asking the state to increase its commitment and cover at least 50 percent of our costs.

 

Next, when it comes to our schools, we strongly support the governor’s four-year extension of mayoral accountability. Mayoral accountability allows us to make much-needed systemic changes quickly, efficiently, and equitably. Under the current system, the buck stops with me, and you’ve seen that.

 

Thanks to mayoral accountability, we have improved reading and math test scores over the last two years, outpacing the state, while closing racial disparities.

 

We also launched New York City Reads, a nation-leading curriculum that teaches our kids the fundamentals of reading. This is more than a curriculum change — it is a reading revolution.

 

New York City Reads is already being implemented in over 90 percent of our early childhood system and across nearly half of our K-5 classes. And just last month, Governor Hochul announced that she is following our model and bringing the science of reading to every school district statewide.

 

Without mayoral accountability, our plan would have encountered months, if not years, of delay, which our families cannot afford.

 

Mayoral accountability allowed us to launch a first-in-the-nation systemwide dyslexia screening program to make sure no child falls through the cracks, launch gifted and talented programs in every neighborhood, and hire full-time mental health professionals for every school.

 

Prior to mayoral accountability, high school graduation rates stagnated at 50 percent — they are now over 80 percent. Again, all of this is possible because of mayoral accountability.

 

For the first time ever, New York City is being led by two people who are the products of our city’s public schools. Chancellor David Banks and I know that our public schools can change lives and produce the leaders of tomorrow. And mayoral accountability will allow us to continue to put that firsthand knowledge into practice.

 

We are also keeping families engaged and at the table to make sure their voices are heard. From regular town halls to parent meetings, Chancellor Banks and I are making sure that we hear directly from the families we are serving. Please let us continue to grow test scores and help our students so they don’t fall backwards without mayoral accountability.

 

In addition to having a good education, every child has to have a safe, clean place to rest their head at night.

 

I know what it feels like to worry about losing your home. As a young man in South Jamaica, Queens, my siblings and I carried trash bags filled with clothes to school, because our mom was worried that we would be forced onto the streets without warning and wouldn’t have a change of clothing. No New Yorker should have to experience that.

 

That is why we have proposed a bold affordable housing agenda. We have already taken steps to combat the housing and affordability crisis. We have financed a record number of new affordable units, housing for the formerly homeless, and supportive homes this past calendar year; connected a record number of New Yorkers to affordable housing; and proposed the most pro-housing reforms in the history of our city’s zoning code with our “City of Yes for Housing Opportunity” plan. But we still need Albany’s help.

 

This session, we are calling for: a new affordable housing tax incentive, a pathway to legalize safe, existing basement and cellar apartments, incentives for office conversions, and lifting the cap on density for new construction.

 

We are also limited in how much more the city can borrow to fund our significant infrastructure needs. If we run out of room to borrow, that limits our ability to build new schools, maintain our roads, and electrify our buildings amid the climate crisis. The governor’s support for increasing the Transitional Finance Authority’s borrowing power to $36 billion is a step in the right direction to build a safer, cleaner New York City.

 

Finally, we agree with Governor Hochul and so many of our elected partners on the importance of keeping New Yorkers safe. But people need to feel safe, too. New Yorkers should not have to worry about crime and their quality of life. And they shouldn’t have to worry about illegal smoke shops selling cannabis to their children.

 

Legal cannabis remains the right choice for our city and our state, but New Yorkers are fed up with these illegal storefronts and their unlawful business practices. We need you to grant us the authority to inspect and permanently shut down these shops. Give us the proper authority, and we will get the job done.

 

To conclude, the governor’s Executive Budget is a good first step in this year’s legislative process. We share many priorities and look forward to working with her administration and the Legislature to achieve these goals and improve lives of New Yorkers now, and for generations to come.

 

Thank you.

New York State General Permit Now Available to Expedite Recovery Efforts After Major Storm Events

 

The New York State Department of Environmental Conservation (DEC) and the U.S. Army Corps of Engineers (USACE) have issued the first State Programmatic General Permit (NYSPGP-1), which authorizes activities to facilitate the recovery and restoration of damaged properties, projects, aquatic resources, and infrastructure following major storm events.

The NYSPGP-1 ensures critical environmental safeguards and encourages best management practices while agencies work to bring infrastructure back online and retore quality of life for communities quickly and without unnecessary delays. This permit will also help eligible project sponsors and the public obtain Federal Emergency Management Agency (FEMA) reimbursements following specific storm events that are declared federal disasters.

“In times of crisis, governmental agencies must respond quickly and competently to protect lives and property,” DEC Commissioner Basil Seggos said. “That’s why DEC is proud of the collaboration with the U.S. Army Corps of Engineers to help communities and enhance state and federal storm response. This permit is an important tool to help eliminate duplication of effort between federal and state agencies by making the permitting process more efficient for municipalities during extreme storm recovery efforts or emergency declarations.”

“Recent history has emphasized that our agencies need to be quicker and more adaptable during emergency operations. This permit allows us to get people the help they need in a timely and efficient manner,” Lt. Col. Colby Krug, USACE Buffalo District Commander said. “No one agency can do anything alone. Response requires a whole-of-government approach and this expedited permitting is just another example of the federal and state governments working together to provide for the people of New York.”

When activated in response to a widespread storm event, the NYSPGP-1 permit provides one application for the purpose of complying with both agencies' regulations collectively governing discharge of pollutants into fresh waters, rivers, streams, lakes, ponds, and wetlands. This new permit expands each agency’s existing storm response capabilities to ensure environmental approvals necessary for response to widespread storm events are expedited.

 

The NYSPGP-1 will be available for use throughout New York State, except for Long Island, New York City, and portions of Rockland and Westchester counties.

The issued permit is available at: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/2814

For more information about the NYSPGP-1 permit, including application and notification requirements, please visit the DEC’s website. To assist with permits needed for flooding impacts and for a determination on whether proposed work requires a DEC permit or approval, please contact the appropriate DEC region permit administrator (https://dec.ny.gov/permit-administrators).

Justice Department and State of North Carolina Secure $13.5 Million Agreement with First National Bank of Pennsylvania to Resolve Redlining Claims in North Carolina

 

The Justice Department and the State of North Carolina jointly announced that First National Bank of Pennsylvania (FNB) has agreed to pay $13.5 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem, North Carolina. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.

“Lending discrimination violates the law and harms communities and entire families for generations,” said Attorney General Merrick B. Garland. “This settlement will invest $13.5 million in expanding access to credit services for Black and Hispanic neighborhoods in Charlotte and Winston-Salem that for too long have been denied to them. With this settlement, the Justice Department’s Combating Redlining Initiative has now secured over $122 million in relief for communities across the country. But we recognize how much work we have left to do, and we are not letting up in our efforts to combat discrimination in lending wherever it occurs.”

“This agreement will have a transformative impact for Black and Hispanic communities, providing them with new opportunities to become homeowners, bank in their neighborhoods and create generational wealth,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As we take time across the nation to commemorate Black History Month, we must also create space to acknowledge the ongoing harms caused by structural racism and long-term discrimination. Modern-day redlining is a stain on our economy and underscores the need to keep pushing for equal economic opportunity and racial justice in our country. The Justice Department stands ready to hold banks and financial institutions accountable to ensure that communities of color are not shut out of access to mortgage credit due to modern-day redlining.”

“The devastating effects of discriminatory lending that become entrenched in neighborhoods can reverberate through generations,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “The settlement announced today demonstrates our commitment to combating redlining and ensuring the equal access to credit required by law. We will continue our efforts to hold accountable financial institutions that avoid communities of color in their markets or erect barriers that make it harder for minority residents to access credit. Banks and mortgage companies should evaluate their lending practices and take immediate corrective action to reach underserved communities in their market areas.”

“When banks discriminate, it means hardworking people can’t buy a house, start a business, or invest in their futures,” said North Carolina Attorney General Josh Stein. “I want every person who calls North Carolina home to have a fair shot, and I’m pleased that this settlement will create better borrowing opportunities for all North Carolinians.”

The complaint alleges, from 2017 through 2021, FNB, including as successor in interest to Yadkin Bank, which it acquired in 2017, failed to provide mortgage lending services to predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem, and discouraged people seeking credit in those communities from obtaining home loans. FNB’s home mortgage lending was focused disproportionately on white areas of Charlotte and Winston-Salem. For example, other lenders generated applications in predominantly Black and Hispanic neighborhoods at two-and-a-half times the rate of FNB in Charlotte and four times the rate of FNB in Winston-Salem. FNB’s branches in both cities were also overwhelmingly located in predominantly white neighborhoods, with the bank closing its sole branch in a predominantly Black and Hispanic neighborhood in Winston-Salem in 2021.

The complaint further alleges that FNB relied on mortgage loan officers working out of predominantly white areas to generate loan applications and that the bank did not track how its mortgage loan officers developed loan referrals or how they distributed the bank’s mortgage marketing materials.

The Justice Department and the State of North Carolina have resolved their claims via two proposed consent orders, which are both subject to court approval. The consent orders require FNB to invest $13.5 million to increase credit opportunities for communities of color in Charlotte and Winston-Salem. Specifically, FNB will:

• Invest at least $11.75 million in a loan subsidy fund to increase access to home mortgage, home improvement and home refinance loans for residents of majority-Black and Hispanic neighborhoods in FNB’s Charlotte and Winston-Salem service areas;
• Spend $1 million on community partnerships to provide services related to credit, consumer financial education, homeownership and foreclosure prevention for residents of predominantly Black and Hispanic neighborhoods in those service areas;
• Spend $750,000 for advertising, outreach, consumer financial education and credit counseling focused on predominantly Black and Hispanic neighborhoods in those service areas;
• Open three new branches in predominantly Black and Hispanic neighborhoods in Charlotte and Winston-Salem (two in Charlotte and one in Winston-Salem), with at least one mortgage banker assigned to each branch; and
• Hire a director of community lending who will oversee the continued development of lending in communities of color.

FNB also agreed to retain independent consultants to enhance its fair lending program and better meet the communities’ needs for mortgage credit. The bank will conduct a community credit needs assessment, evaluate its fair lending compliance management systems, and conduct staff trainings.

FNB worked cooperatively with the Justice Department and the State of North Carolina to resolve and remedy the redlining concerns that were identified and agreed to settle this matter without contested litigation. During the course of the investigation, FNB established a Special Purpose Credit Program to provide greater access to home loans in communities of color across the seven states where it does business and the District of Columbia.

With assets of over $45 billion, FNB is headquartered in Pennsylvania and operates approximately 350 branches throughout the District of Columbia, Maryland, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia, and West Virginia. It is among the 100 largest banks in the United States.

In October 2021, Attorney General Garland and Assistant Attorney General Clarke launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. Since 2021, the department has announced 12 redlining resolutions and secured over $122 million in relief for communities of color that have been the victims of lending discrimination across the country.

A copy of the joint complaint and information about Justice Department’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the U.S. Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.

Attorney General James Stops Illegal Housing Discrimination in Westchester County

 

AG James Takes Action Against Real Estate Broker Who Denied Housing to Low-Income Renters

New York Attorney General Letitia James announced an agreement with real estate broker Pasquale Marciano and his companies, Century 21 Marciano, Anthony Marciano Real Estate Inc., and New Roc Property Management to stop illegal policies that denied housing opportunities to low-income renters. The Office of the Attorney General (OAG), with assistance from the Housing Rights Initiative (HRI), found that real estate agents, who Marciano oversees, violated local and state laws by refusing to rent apartments to investigators who indicated that they intended to use a Section 8 Housing Choice voucher to pay rent. As part of the agreement with OAG, Marciano, who owns 13 multifamily rental properties throughout New Rochelle with a total of 76 units, must place nine tenants using Section 8 or other government housing subsidies in units he owns and pay $40,000 to the state, among other actions to make housing more accessible for low-income renters. 

“Discrimination against low-income New Yorkers denies opportunities to those most in need of housing assistance,” said Attorney General James. “This agreement will open up housing specifically for low-income New Yorkers and send a clear message that this kind of discrimination is unacceptable in our communities. I want to thank the Housing Rights Initiative for their help with this investigation and consistent work to fight housing discrimination.” 

Refusing to rent to prospective tenants based on their source of income is illegal discrimination under New York law, and wrongly denies New Yorkers equal access to housing. Owners, landlords, property managers, rental agents, and brokers cannot refuse to accept potential tenants solely because they receive housing subsidies. Government-issued rental vouchers, such as the Section 8 Housing Choice voucher program, provide housing assistance to the lowest-income households to rent decent, safe housing in the private market. These programs also aid senior citizens and disabled persons on fixed incomes, displaced families, and homeless individuals with disabilities.

At the time of the investigation, Marciano, as the owner and head real estate broker at Century 21 Marciano, oversaw the rental leasing practices of more than 25 real estate sales agents representing Westchester landlords seeking to rent apartments. An investigation done by HRI revealed that Century 21 Marciano enforced a policy that prohibited Section 8 holders from submitting applications for rental units. Century 21 Marciano agents specifically told investigators that the units they inquired about did not accept Section 8 vouchers because they “preferred not to” — a violation of state and local antidiscrimination laws. 

Under the agreement with OAG, Marciano and any customer-facing staff member at his companies must undergo anti-discrimination training. Marciano must also implement an anti-discrimination policy and distribute it to everyone involved in the rental process at his companies. Rental applications must include clear anti-discrimination statements containing the sentence, “we are happy to consider applicants who have housing vouchers or subsidies.” Additionally, Marciano must publicly advertise all vacant units and include that government housing vouchers, such as Section 8, are accepted on every rental listing. Finally, Marciano must ensure that rental application fees are capped at the $20 maximum and, during the five-year period of the agreement, must also waive broker fees for any applicants seeking to use a government housing subsidy for their rental. 

Attorney General James has consistently taken action to fight housing discrimination and protect low-income tenants. In October 2023, Attorney General James took action against another Westchester property owner and manager for discriminating against low-income renters. In 2022, Attorney General James took action to stop “tenant blacklisting” and partnered with HRI to stop the real estate company Compass from denying housing to low-income New Yorkers. In July 2022, Attorney General James recovered nearly $300,000 of illegally withheld security deposits for Brooklyn tenants. In April 2022, Attorney General James sued Brooklyn-based eviction lawyers for engaging in deceptive rent collection practices and initiating frivolous lawsuits against New York tenants.

It is illegal in New York State for any owner, managing agent, broker, or any other representative to refuse to rent, sell, or lease housing to any person based on their source of income. New Yorkers who suspect they are victims of source of income discrimination are encouraged to file a complaint online. 

NYS Office of the Comptroller DiNapoli: Local Sales Taxes Grew 4.2% to $23 Billion in 2023

 

Local government sales tax collections in New York state totaled $23 billion in calendar year 2023, up 4.2%, or $919 million, from 2022, largely influenced by growth in New York City sales taxes, according to a report released today by State Comptroller Thomas P. DiNapoli.

“Growth in local sales tax collections statewide moderated in 2023, following two years of double-digit increases,” DiNapoli said. “The fluctuations in sales tax collections that characterized the pandemic period have subsided. Local officials should plan for sales tax revenue with more stable and modest growth rates.”

Local sales tax collections in the fourth quarter of 2023 increased by 3.1% compared to the same quarter of 2022, similar to the 3% and 3.6% year-over-year growth experienced in the second and third quarters, respectively, and not nearly as robust as the 7.1% growth in the first quarter.

New York City’s sales tax growth of 5.9% in 2023 exceeded the aggregate results for the counties and cities in the rest of the state (2.4%). Growth in the city’s collections, which typically account for approximately two-fifths of the statewide total, was boosted by increases in domestic and international tourism, which approached pre-pandemic levels this past holiday season.

County collections, in total, grew by 2.4%, or $259 million, in 2023 compared to the previous year. Most (50 of 57) counties outside of New York City experienced a year-over-year increase in sales tax collections, with many smaller counties seeing the strongest growth.

Sullivan County had the largest increase at 11.6%, followed by the counties of Schoharie (10.9%), Chenango (7.9%) and Schuyler (7.8%).

Yates County experienced the steepest decline in collections (-5.6%), followed by the counties of Cayuga (-2.5%), Steuben (-1.5%) and Rockland (-1.4%).

Of the 18 cities outside of New York City that impose their own sales tax, 15 saw year-over-year increases in 2023. Oswego had the strongest growth at 16%, followed by Glens Falls (9.6%), Norwich, and Oneida (8.9% each). Three cities experienced modest decreases in collections, with Auburn and Ithaca seeing a decline of 0.2% each, followed by Yonkers at less than 0.1%. 

Report

Local Sales Taxes for 2023

Data

Regional Table

News, updates and more from NYC Council Member Rafael Salamanca, Jr.

 

WALKTHROUGH WITH NYC DOT BRONX BOROUGH COMMISSIONER ANTHONY PEREZ

Had a productive walkthrough with the new NYC DOT Bronx Borough Commissioner Anthony Perez where we discussed improvements to Westchester Avenue that would alleviate traffic congestion in our District.

The South Bronx is the thoroughfare to multiple highways that gets you to your destination, so we must ensure it's safe for pedestrians, bicyclists, and auto drivers.

CELEBRATING BLACK HISTORY MONTH

COMMEMORATING THE START OF BLACK HISTORY MONTH

As we rise in solidarity to celebrate the start of Black History Month, we pause to reflect on the contributions of the Black Community, while acknowledging our commitment to ensuring that this history & fight for equality is not diminished to only a singular month.

CELEBRATING BLACK HISTORY MONTH AT THE BRONX ZOO

MARK YOUR CALENDARS: 

My office will be hosting our annual event at the Bronx Zoo in celebration of Black History Month to honor leaders within our Borough who are creating a lasting, equitable community for us all to be proud of. 

Owing to popular demand, the event has be extended by ONE HOUR!

*Please make note of the updated timeframe of 6-9PM*

There are a limited number of spots still available, so make sure to RSVP asap. 

*RSVP is REQUIRED to attend. Please email CMSalamanca.events@gmail.com, or call (718) 402-6130 to confirm your attendance.*

Visit our District Office at: 
1070 Southern Boulevard
Bronx, New York 10459
(718) 402-6130
salamanca@council.nyc.gov