Monday, July 22, 2024

Statement from Attorney General James on Shootings in Clinton Hill

 

New York Attorney General Letitia James today released the following statement in response to a pair of shootings that occurred last night in Brooklyn’s Clinton Hill neighborhood:

“Last night, two people were killed and one critically injured in Clinton Hill as a result of gun violence. My office is working with the New York City Police Department (NYPD) and local elected officials to get information about these shootings and inform the community. We must do more to protect our communities from the dangers of gun violence and ensure that all our neighbors have access to the support they need and feel safe on our streets. I encourage anyone who has information about these shootings to report it to the NYPD by calling 800-577-TIPS (8477).”

New York’s Comptrollers Call on eBay to Bargain in Good Faith with Workers and Expeditiously Reach a Collective Bargaining Agreement

 

Lander and DiNapoli welcome company’s announcement of workers’ rights assessment following revision of human rights policy

New York City Comptroller Brad Lander and New York State Comptroller Thomas P. DiNapoli together urged eBay to deliver on its commitment to bargain in good faith with its workers and reach a collective bargaining agreement. The pair welcomed the company’s announcement of an independent third-party assessment of its adherence to its Human Rights Policy, particularly its commitment to upholding fundamental workers rights of freedom of association and collective bargaining, and a revision of that policy to affirm the company’s commitment to global labor standards.

eBay’s latest action is a direct response to a shareholder proposal filed jointly by the New York City retirement systems and the New York State Common Retirement Fund and follows months of engagement with both offices, as well as ongoing calls for the board to remedy and address the company’s poor labor relations. Notably, the assessment will seek confidential input from workers, which is critical to any assessment.

Following the Spring 2023 vote by TCGPlayer employees to unionize at eBay, company management was alleged to have violated U.S. labor law by surveilling employees at work, holding anti-union meetings, and noting employees who displayed support for the union.

“eBay’s board has a responsibility to address investor concerns that the company is not abiding by its own human rights policies in how it has reacted to its workers’ efforts to organize,” said New York City Comptroller Brad Lander. “Months of extensive and productive engagement among eBay, my office, and Comptroller DiNapoli, on behalf of the City and State pension funds, led to this encouraging announcement to conduct an independent assessment, which will include confidential worker input, a critical element that Starbucks neglected to include in their assessment. As long-term investors, we also expect that the board will set a new tone at the top and live up to the standards they have set by directing management to bargain in good faith to reach a timely agreement.”

“eBay is taking necessary steps to address concerns related to its workforce management practices,” New York State Comptroller Thomas P. DiNapoli said. “Valuing and respecting the rights of employees is critical for a company’s success and bottom-line. While we look forward to seeing the results of the assessment, this is an encouraging development, and I thank eBay officials and City Comptroller Lander for the positive engagement that led to this effort. Now is the time for eBay to move swiftly to resolve ongoing labor negotiations with terms that are fair to both labor and management. This will enable the company to forge productive relationships with its employees and benefit its communities, customers, and shareholders.”

Comptrollers Lander and DiNapoli have issued direct calls for the board to address troubling actions reportedly taken by the company, including a November 2023 letter requesting an affirmation of its commitments to workers rights after the company removed language describing its respect for workers’ rights to unionize and engage in collective bargaining. This letter was preceded by a joint June 2023 letter with other investors addressing alleged worker rights violations at eBay subsidiary TCGPlayer.

Management’s alleged treatment of employees during unionization efforts continues to raise concerns by Comptrollers Lander and DiNapoli, who both recognize that positive labor relations benefit a company’s culture and are linked to favorable financial outcomes for businesses.

Workers at eBay are encouraged to reach out to the assessor so that the workers’ rights assessment can meaningfully and adequately capture their experiences.


161st Street Business Improvement District Lunchtime Concert Series, July 23 - Manny's Boogaloo Crew


Our Lunchtime Concert Series returns, Tuesday July 23 with a performance from Manny’s Boogaloo Crew, a Latin Funk Band. Join us in front of the apple at Lou Gehrig Plaza from 12-2pm!

Self-Proclaimed “Wolf Of Airbnb” Sentenced To 51 Months In Prison In Connection With Ppp And Real Estate Fraud Scheme

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that KONRAD BICHER was sentenced today by U.S. District Judge Lorna G. Schofield to 51 months in prison in connection with his fraudulent operation of real estate businesses, including by entering into lease agreements for residential apartment units in Manhattan on false and fraudulent pretenses and by making false statements to obtain loans guaranteed by the U.S. government.  BICHER previously pled guilty to one count of wire fraud in connection with the scheme. 

U.S. Attorney Damian Williams said: “For years, Bicher schemed to defraud New York City landlords and the U.S. GovernmentBicher enriched himself by abusing Government programs and tenant protections intended to benefit people and businesses in need during one of the worst economic and public health crises in historyHe bragged about his schemes to his friends and the media, proudly referring to himself as the ‘Wolf of Airbnb,’ but as today’s sentence underscores, those who partake in such callous and fraudulent conduct will answer for their crimes, no matter their self-given title.” 

According to the allegations in the Complaint, Indictment, other court documents, and statements made in Court:

Beginning in at least February 2019, BICHER and/or individuals working in concert with BICHER, began renting apartment units (the “Units”) in Manhattan.  The Units were leased pursuant to lease agreements which required that the lessee make monthly rental payments and also included clauses that prohibited the lessee from renting the Units to third parties on a short-term basis and/or included clauses that prohibited the lessee from subletting the Units to third parties without written consent of the owner.  Despite the requirement to make monthly rental payments, BICHER failed to make payments as required by the lease agreements.  For many of the Units, BICHER also refused to vacate the Units after the expiration of the lease agreements.  During the period of time that BICHER failed to make required rental payments, including the period of time after a lease agreement expired and the premises had not been vacated, BICHER derived income by renting the Units on a short-term basis, including by posting the Units for rent on various online marketplaces, including Airbnb, Inc. (“Airbnb”). 

Between in or about July 2019, and in or about April 2022, BICHER and his associates failed to make more than $1,000,000 in payments pursuant to the Lease Agreements or, for the period of time after the expiration of the Lease Agreements, based on the estimated fair market value for the Units.  During this period, BICHER caused the Units to be listed for short-term rent on Airbnb and at least one other online marketplace for short-term rentals, resulting in at least $1,170,000 in rental income to BICHER and his associates.

Throughout the course of this scheme, the lessors of the Units made numerous efforts to recover rental payments from BICHER and/or to stop BICHER from continuing to rent the Units on a short-term basis, including by initiating civil litigation against BICHER.  BICHER relied on legal protections intended to benefit tenants, including tenant protections adopted in connection with the COVID-19 pandemic, in order to oppose the lawsuits.  Despite relying on tenant protections for New Yorkers in need, BICHER continued to generate revenue by renting certain Units on a short-term basis. 

In addition, between at least in or about April 2021, until in or about July 2021, BICHER obtained Government-guaranteed loans through a loan program of the U.S. Small Business Administration designed to provide relief to small businesses during the COVID-19 pandemic, namely the Paycheck Protection Program (“PPP”).  In furtherance of this scheme, BICHER submitted at least four applications for PPP loans on behalf of at least three entities and obtained over $565,000 in loan proceeds.  These PPP applications contained fraudulent documents and false information.  For example, in connection with the PPP applications, BICHER submitted tax documents which were purportedly filed with the Internal Revenue Service (“IRS”).  These documents were falsified, in that the entities seeking PPP loans had not actually filed the purported tax returns with the IRS, and BICHER had not otherwise reported the purported income to the IRS.

During the course of the scheme, BICHER referred to himself as the “Wolf of Airbnb” and explained to media outlets that this nickname referred to the fact that he was “hungry and ruthless enough to get on top of the financial ladder” and had the “ferocity…of a wolf, because wolves are territorial, vicious, and show no mercy when provoked.”

In addition to the prison term, BICHER, 32, of Hialeah, Florida, was sentenced to three years of supervised release.  He was additionally ordered to forfeit $1,740,407.12 and pay restitution in the amount of $2,227,371.58. 

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.

Kentucky Man Charged with Federal Hate Crime and Firearm Offenses for Threats Against Palestinian American

 

A Kentucky man was arrested today and charged with federal hate crime and firearms offenses for threatening a Palestinian American man with a loaded gun.

According to the indictment that was unsealed this morning, on or about March 28, Melvin P. Litteral III used force or the threat of force to intimidate and interfere with the victim – a Palestinian American man and practicing Muslim identified in the indictment by the initials O.S. – because of O.S.’s race, color, religion and/or national origin, and because O.S. was enjoying the goods, services and facilities of a local restaurant. The indictment also includes a weapons charge, alleging that the defendant brandished a firearm during the offense.

If convicted of the hate crime offense, Litteral faces a maximum penalty of 10 years in prison and a fine of up to $250,000. If convicted of the firearms charge, Litteral faces a mandatory minimum penalty of seven years in prison, to run consecutively to any sentence imposed for the hate crime offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky and Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office made the announcement.

The FBI Louisville Field Office is investigating the case.

Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and Trial Attorney Katherine G. DeVar of the Civil Rights Division are prosecuting the case.

An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Comptroller Lander’s Report Offers Overview of Per Diem Hotel and Service Costs for Shelter for Asylum Seekers

 

An estimated 77 percent of asylum seekers are sheltered in hotels around New York City

A new report from New York City Comptroller Brad Lander analyzes the cost of hotel rooms contracted by the Department of Homeless Services (DHS) to house asylum seekers across New York City.  

“Procuring in an emergency can lead to fluctuating prices and rampant overspending, yet this contract is an example of how to manage keeping costs in check,” said New York City Comptroller Brad Lander. “Our office will continue to conduct oversight of this contract, all emergency procurements, and any shelter and services contracts that will provide cost-effective care for asylum seekers going forward.” 

In late spring 2022, an unexpected and sustained migration of asylum seekers required the City to seek out emergency shelter options. Since the start of the influx, over 207,000 asylum seekers have come through the City’s system. Currently, approximately 65,000 asylum seekers live in the emergency shelter system on top of the roughly 54,000 people already housed in the DHS system prior to July 2022.  

Comptroller Lander’s Office estimated that around 77 percent of asylum seekers live in approximately 15,750 rooms across 157 hotels in New York City — around 11.5 percent of the overall hotel inventory of 136,000 rooms in New York City.  

DHS entered into a new contract with Hotel Association of New York City (HANYC) for 5,000 rooms for up to $237 million for September 2022 through August 2023. The City then extended and increased the contract’s total value to $987 million for up to 14,000 rooms from September 2022 through August 2024. 

The report analyzes the cost of approximately 9,500 rooms — nearly half of the total hotel rooms in use — that are contracted through an agreement with HANYC to provide shelter for asylum seekers. 

The report found:  

  1. Under the HANYC contract, DHS paid an average of $156 per day per hotel room, in line with market data of comparable hotels. 
  1. The daily all-in cost of DHS emergency hotel shelters of $332 is substantially lower than the cost of the emergency shelter and services contracted by other City agencies, estimated to be $404.  
  1. The combination of the non-emergency DHS service per diem and the average HANYC hotel rate, for a total of $306 per day, likely represents a floor for the provision of shelter in hotels, still 24% less than the current estimated cost for the non-DHS emergency shelters – a significant savings opportunity.  

Read the full report here. 


BRONX WOMAN INDICTED FOR MURDER OF HER TWO YOUNG SONS INSIDE FAMILY SHELTER

 

Defendant Stabbed Children Multiple Times, Submerged Them in Bathtub 

Bronx District Attorney Darcel D. Clark announced that a Bronx woman has been indicted on Murder charges in the fatal stabbing of her eleven-month-old and three-year-old sons inside a family shelter. 

District Attorney Clark said, “Children should be safe and feel protected by their mothers. Instead, these little boys were allegedly stabbed multiple times then submerged in a bathtub by their mother. The defendant’s alleged actions against her children are chilling. I send my heartfelt condolences to the family and loved ones of these innocent young boys, Octavius and Daishawn, who were taken too soon.” 

District Attorney Clark said the defendant, Dimone Fleming, 23, who was living in a family shelter at 246 Echo Place, was arraigned today on first-degree Murder, four counts of second-degree Murder, and two counts of first-degree Manslaughter before Bronx Supreme Court Justice Brenda Rivera. The defendant was remanded and is due back in court on August 7, 2024.

According to the investigation, on November 26, 2022, inside the apartment in 246 Echo Place, the defendant allegedly murdered her two children, Octavius Canada, 11 months old, and Daishawn Fleming, three years old. According to the Office of the Chief Medical Examiner, the children had extensive stab and slicing wounds to their necks and surrounding areas. Both children had four fatal wounds. They were found lifeless in a bathtub full of water covered by a dark sheet. The defendant was allegedly the sole caretaker of the children inside of their home at the time of their death.

District Attorney Clark thanked NYPD Detective Diego Marin of the 46th Precinct, Detective Patrick Flatley of Bronx Homicide and Detective Julie Casale of the Crime Scene Unit for their work in the investigation. District Attorney Clark also thanked FDNY Emergency Medical Services and the responding officers from the 46th Precinct for their extensive efforts to render aid to the children at the scene.

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

Governor Hochul Unveils $108 Million Proposal to Transform Former Bayview Correctional Facility Into 124 Affordable Housing Units and Vibrant Community Hub

 

Partnership by Camber Property Group and Osborne Association to Deliver Housing, Community Services, and Reentry Support for Formerly Incarcerated Individuals

Supports Governor Hochul's Commitment to Addressing the Housing Crisis – Including Historic FY 2025 Budget Agreement to Increase New York’s Housing Supply

Builds on Recommendations of the Prison Redevelopment Commission to Reimagine Underutilized Jails and Prisons


Governor Kathy Hochul unveiled Liberty Landing, a transformative project to convert the state-owned 100,000 square-foot former Bayview Correctional Facility in Manhattan into affordable housing for low-income residents and supportive housing for formerly incarcerated individuals reentering the community. The proposed project, a joint venture between Camber Property Group and Osborne Association, would invest over $108 million in West Chelsea and provide 124 permanently affordable housing units and on-site supportive services.

“Every New Yorker deserves access to safe, stable, and affordable housing. Liberty Landing represents a significant step forward in our efforts to provide inclusive housing opportunities and support to vulnerable New Yorkers,” Governor Hochul said. “This innovative project will transform a former symbol of incarceration into a beacon of hope, healing, and opportunity.”


The Request for Proposals focused on the opportunity to increase the critical shortage of affordable housing options in the region and specifically prioritized the need for housing for New Yorkers who require services within a supportive living environment, while enhancing the neighborhood vibrancy and quality of life for residents in the surrounding area. Liberty Landing will adaptively reuse the historic Bayview Correctional Facility, transforming the space into a vibrant, multi-faceted community hub.

The redevelopment will keep the Main and Annex buildings largely intact while constructing a new addition in the interior courtyard to maximize housing opportunities. The project will include 124 affordable housing units, providing much-needed income-restricted residences for individuals and families. The development will also feature a 9,300 square foot community facility unit dedicated to youth-oriented programming, enabling the delivery of a wide range of services and activities tailored to the needs of young people in the surrounding community. Additionally, the project will feature a 15-unit short-term transitional residence to support individuals with mental health needs who are navigating life transitions and in need of temporary housing. The State Office of Mental Health is providing both capital and operating funding for these residences. The proposed project will be sponsored by Empire State Development under a General Project Plan, will undergo environmental review under the State Environmental Quality Review Act, and will be presented for public review and comment prior to its final consideration and approval.

Osborne Association, the supportive service partner at Liberty Landing, will provide a comprehensive array of on-site social services and programming designed to meet the unique needs of individuals reentering the community after incarceration. Services will be integrated into the fabric of the development, ensuring that residents have easy access to the resources they need to thrive. The services include workforce development programs, family and relationship coaching, independent living skills training, and onsite wellness services, such as nutrition education and chronic disease management. Residents will also have access to benefits advocacy, peer mentorship, and connections to healthcare, mental health support, and substance use disorder treatment through community partnerships. These holistic services are designed to provide residents with the resources they need to overcome challenges, achieve housing stability, improve their health outcomes, and successfully reintegrate into the community.


Governor Hochul’s Housing Agenda

Governor Hochul is committed to addressing New York’s housing crisis and making the state more affordable and more livable for all New Yorkers. As part of the FY25 Enacted Budget, the Governor secured a landmark agreement to increase New York’s housing supply through new tax incentives for Upstate communities, new incentives and zoning relief to create more housing in New York City, a $500 million capital fund to build up to 15,000 new homes on State-owned property, an additional $600 million in funding to support a variety of housing development statewide, and new protections for renters. In addition, as part of the FY23 Enacted Budget, the Governor announced a five-year, $25 billion Housing Plan, to create or preserve 100,000 affordable homes statewide. More than 40,000 homes have been created or preserved to date.

Governor Hochul's administration has taken positive steps to repurpose former prison sites, with a strong focus on addressing the state's housing needs. Projects like Liberty Landing and Seneca exemplify this approach, transforming decommissioned correctional facilities into vibrant, inclusive communities. These developments not only provide affordable housing but also integrate employment opportunities, cultural amenities, and essential supportive services. Furthering this strategy, Empire State Development has advanced key recommendations from the Prison Redevelopment Commission's report, demonstrating the state's commitment to reimagining these spaces for community benefit. Under the leadership of Governor Hochul, Empire State Development has issued a Request for Proposals for Watertown Correctional Facility and worked with Seneca County to develop the RFP for Willard Drug Treatment Campus. Additionally, a developer was conditionally chosen to transform the former Downstate Correctional Facility into a vibrant, mixed-income housing site and Livingston Correctional Facility was transferred to the Livingston County Industrial Development Agency, completing the first successful land transfer of a state-owned prison for potential redevelopment.

Governor Hochul’s Mental Health Agenda

Governor Hochul’s historic $1 billion plan enacted last year is strengthening the State’s mental health care system. Adopted as part of the FY 2024 budget, this multi-year plan is now dramatically increasing access to services, reducing wait times, and ensuring appropriate levels of care statewide.

The plan provided $890 million in capital and $120 million in operating funding to establish and operate 3,500 new residential units for New Yorkers with mental illness. This includes 1,500 supportive housing units, 500 community residence-single room occupancy units; 900 transitional step-down units; and 600 licensed apartment units serving individuals who require an intermediate level of services.

Building on this investment, Governor Hochul made strengthening the state’s mental health system a priority in the FY 2025 Budget, which will add 200 new inpatient beds at state-operated psychiatric centers, will establish mental health navigators in the court system; expand crisis intervention training for law enforcement; improve mental health admission and discharge procedures for Article 28 and 31 hospitals; and increase transitional and specialized housing. The Budget also provides start-up funding for school-based mental health clinics, increases resources for youth receiving treatment in their community or in residential care, and bolsters outpatient supports, such as Youth Assertive Community Treatment teams.

In addition the Budget supports a loan forgiveness program specifically for licensed mental health clinicians serving children and families and an expansion of peer-to-peer mental wellness efforts among young people across the state, including training programs like Teen Mental Health First Aid.

About Camber Property Group

Camber Property Group specializes in developing, rehabilitating, and preserving affordable and mixed-income housing across New York City. With a portfolio of nearly 10,000 units valued at over $2.5 billion, the firm has been dedicated to impactful work for all stakeholders since its founding in 2016.

About Osborne Association

Osborne Association is a nonprofit organization dedicated to transforming the criminal justice system and supporting individuals, families, and communities affected by incarceration. Through advocacy, direct service, and policy reform, Osborne works to create opportunities for people to heal, grow, and thrive.