Tuesday, October 1, 2024

Permits Filed for 869 East 175th Street in Tremont, The Bronx

 


Permits have been filed for a four-story residential building at 869 East 175th Street in Tremont, The Bronx. Located between Mohegan Avenue and Waterloo Place, the lot is near the 174th Street subway station, served by the 2 and 5 trains. Ardit Gocaj under the Illyricum Realty LLC is listed as the owner behind the applications.

The proposed 50-foot-tall development will yield 7,610 square feet designated for residential space. The building will have 13 residences, most likely condos based on the average unit scope of 1,004 square feet. The masonry-based structure will also have a penthouse and a 33-foot-long rear yard.

John Backos of GRID Drafting and Consulting is listed as the architect of record.

Demolition permits will likely not be needed as the lot is vacant. An estimated completion date has not been announced.

Mayor Adams Announces GreenHOUSE Fund to Reduce Housing Emissions In New York City

 

Photograph of Eric Adams, via nyc.gov

New York City Mayor Eric Adams recently announced the creation of the GreenHOUSE Fund, which will aim to assist rent-regulated apartment buildings and low-income co-ops in their efforts to decarbonize. If approved, the fund will work to improve air quality in disadvantaged communities with high asthma rates while simultaneously moving the city and state closer to achieving emissions reduction and equity goals.

Under the proposed DOB rule, offset certificates would be available for purchase at $268 per ton of carbon emissions, with the proceeds earmarked for efficiency improvements at affordable housing developments across the city. The fund will be managed through the Resilient & Equitable Decarbonization Initiative, a joint program by the New York City Department of Housing Preservation and Development and the New York State Energy Research and Development Authority.

Mayor Adams has also called on the New York City Council to enact the J-51 housing quality tax incentive program, which would help low- and moderate-income multifamily buildings afford the necessary emissions reduction projects to meet Local Law 97 targets.

The Adams administration has been proactive in encouraging building owners reduce emissions, launching the “Getting 97 Done” plan last September and providing technical assistance through the NYC Accelerator program. The GreenHOUSE Fund has garnered support from various stakeholders including state legislators, industry associations, and environmental organizations, who cited its potential to address both the city’s housing affordability and climate change challenges.

“The more support we give to building owners, the more likely that Local Law 97 is going to be successful in reducing greenhouse gas emissions, creating a more sustainable city and improving air quality for all New Yorkers,” said New York state senator Kevin Parker. “I applaud the Adams administration for continuing their smart approach to implementing this important climate law.”

United States Obtains Consent Decree Against Rose Demolition & Carting For Violating Lead Paint Safety Regulations

 

Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator of Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced that the United States filed a civil lawsuit against ROSE DEMOLITION & CARTING INC. (“ROSE”), alleging violations of the Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”), and simultaneously entered into a Consent Decree resolving that lawsuit.  The Consent Decree includes a $100,000 civil penalty and requires ROSE to take steps to mitigate potential harms caused by its conduct. 

U.S. Attorney Damian Williams said: “Rose’s failure to contain actual or potential lead dust in the course of demolition work threatened to expose people, including children, to lead poisoning in communities that already suffer disproportionately from public health and environmental hazardsThrough this lawsuit and consent decree, we are holding Rose accountable for its misconduct and preventing future violations.” 

EPA Regional Administrator Lisa F. Garcia stated: “This settlement underscores the importance of following the laws designed to protect communities, especially young children, from lead paint hazards.  Under the Renovation, Repair, and Painting Rule, work must be conducted by certified firms and individuals who are properly trained and equipped to handle toxic lead paint that could pose a serious threat to families and workers.”

TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead dust during renovations of residential buildings.  Exposure to lead dust is the most common cause of lead poisoning, which can lead to severe, irreversible health problems, particularly in children.  Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems.

As alleged in the United States’ complaint filed in Manhattan federal court:

ROSE is a company that performed demolition work in at least 668 residential properties in New York City between 2016 and 2019.  In February 2018, the New York City Department of Health and Mental Hygiene inspected a worksite two days after ROSE had completed demolition work and found that ROSE had failed to contain or clean lead dust, resulting in lead dust exceeding federal standards in public hallways, in violation of the RRP Rule. EPA determined that ROSE failed to assign properly certified managers to direct the demolition work, failed to train its workers on lead-safe work practices, and failed to inform the building owner and occupants of the risks of lead poisoning during that renovation.  Many of ROSE’s alleged violations occurred in areas of New York City with low-income populations that are already disproportionately burdened by other environmental hazards, raising environmental justice concerns.

In the Consent Decree, ROSE admits, acknowledges, and accepts responsibility for the following conduct:

  • Failing to assign a Certified Renovator to direct the demolition work and discharge all of the Certified Renovator responsibilities identified in the RRP Rule;
  • Failing to ensure that all workers performing the renovations were Certified Renovators or had received training on lead-safe work practices required by the RRP Rule;
  • Failing to adequately contain construction dust, including dust containing high concentrations of lead, in violation of the RRP Rule;
  • Failing to post signs clearly defining its work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area in violation of the RRP Rule;
  • Failing to provide a lead-hazard information pamphlet to the owner or occupants of the building before commencing work in violation of the RRP Rule; and
  • Failing to maintain documentation showing that it provided lead-hazard information pamphlets to the owners or occupants of the building or that it had posted warning signs in the building, in violation of the RRP Rule.

Pursuant to the Consent Decree, ROSE will pay a penalty of $100,000, an amount based on the company’s documented inability to pay the full civil penalty for which it otherwise would be liable, and ROSE must comply with safe work practices and other RRP Rule requirements in the future. Additionally, the Consent Decree requires ROSE to notify residents or owners of the 668 affected properties as well as ROSE employees who worked on the affected properties of potential lead exposure and offer lead-dust inspection, cleanup, and clearance testing.  Failure to comply with the Consent Decree will give rise to significant additional penalties.

To provide public notice and afford members of the public the opportunity to comment on the Consent Decree, the Consent Decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval.

Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work in this matter.

Chinese National and DPRK Facilitator Extradited to the United States; Faces Charges of Conspiracy, Bank Fraud, and Violating North Korea Sanctions


On Sept. 27, the Commonwealth of Australia extradited Jin Guanghua, 53, to the United States. Jin, a Chinese national, and his co-conspirators North Korean banker, Sim Hyon-Sop, 50, and Chinese nationals Qin Guoming, 60, and Han Linlin, 41, both of Liaoning Province, were all charged by indictment in 2022 in connection with a multi-year scheme to facilitate the sale of tobacco to North Korea through the U.S. financial system in violation of the sanctions imposed on North Korea. Jin made his initial appearance in the District of Columbia today.

Between 2009 and 2019, the defendants engaged in a scheme to purchase leaf tobacco for North Korean-owned entities and used front companies and false documentation to cause U.S. financial institutions to process at least 310 transactions worth approximately $74 million that the financial institutions otherwise would have frozen, blocked, investigated, or declined, had they known that the transactions involved trade with North Korea. The transactions resulted in an estimated nearly $700 million in revenue for North Korean entities, and ultimately, for the government of North Korea. The defendants are charged by indictment with conspiracy to commit bank fraud, conspiracy to violate and violations of International Emergency Economic Powers Act (IEEPA) and the North Korean sanctions regulations, and conspiracy to launder monetary instruments and laundering monetary instruments.

Jin was residing in Australia and was attempting to depart the country for China at the time of his arrest by Australian authorities on March 23, 2023. The arrest followed a request by the United States for Jin’s provisional arrest with a view toward extradition.

This case is part of a larger Justice Department response to the ongoing efforts of North Korea to evade sanctions and use the U.S. financial system to engage in illicit trafficking of tobacco products. As alleged in the indictment, trafficking in tobacco products generates revenue for advancing North Korea’s Weapons of Mass Destruction (WMD) programs. North Korea has been developing nuclear weapons since at least 2006 and financed these activities through illicit trade, including trafficking of tobacco and counterfeit cigarettes, which North Korea has engaged in since at least 1992. North Korea’s counterfeit cigarette production capacity is estimated to exceed two billion packs a year. Counterfeit cigarettes are a major source of income to the North Korean regime and may be the single most lucrative item in the North Korean portfolio, as smuggled tobacco is estimated to garner revenue as much as $20 on every $1 spent in cost. North Korean tobacco sales are alleged to flow back to the North Korean government, including to slush funds designed to sustain the loyalty of a core of party elite and to underwrite weapons development programs.

If convicted, the defendant faces a maximum penalty of 30 years in prison for bank fraud, 20 years in prison for violating IEEPA, and 20 years in prison for committing money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Matthew M. Graves for the District of Columbia, and Executive Assistant Director Robert Wells of the FBI’s National Security Branch made the announcement.

The FBI Phoenix Field Office and HSI Colorado Springs and investigating the case. Valuable assistance was provided by the Australian Attorney-General’s Department, the Australian Federal Police, and the Justice Department’s Office of International Affairs.

Assistant U.S. Attorneys Karen P. Seifert, David Recker, and Steven Wasserman for the District of Columbia and Trial Attorney Emma Ellenrieder of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case with assistance from Paralegal Specialists Brian Rickers and Jorge Casillas.

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

2024 VAN NEST NEIGHBORHOOD ALLIANCE (VNNA)–OCT 2–MONTHLY MEETING

 

VAN NEST NEIGHBORHOOD ALLIANCE
OCTOBER MONTHLY MEETING
WEDNESDAY OCT. 2, 2024
7:00 PM
MONSIGNOR FIORENTINO APTS
1830 AMETHYST STREET
GROUND FLOOR, COMMUNITY ROOM
BRONX, NY 10462

BRING A FRIEND! BRING A NEIGHBOR!

10.2.2024 VNNA flyer.jpg
Van Nest Neighborhood Alliance

Pelham Parkway Neighborhood Association Hosts Oct. Event

 

The P P N A is back for its Oct event on Tuesday Oct 8th starting at 7:00pm. We have two very special guest speakers. One from The NYS Office of Victim Services and the second from The NYC Civic Engagement Commission. Event starts at 7:00 pm . Please join us for these two excellent guest speakers .Community Meeting is at Bronx House 990 Pelham Parkway South ,Bx NY 10462. 



Attorney General James and U.S. Attorney Peace Secure Over $17 Million From Home Health Agencies for Cheating Workers and Defrauding Medicaid in Landmark Wage Parity Agreement

 

Edison, Preferred, and Former Operators Will Pay $7.5 Million to More Than 25,000 Current and Former Employees They Cheated, Pay $9.75 Million to the Medicaid Program in Largest Wage Parity Settlement Ever Secured by OAG and EDNY

New York Attorney General Letitia James and U.S. Attorney for the Eastern District of New York Breon Peace announced agreements with two Brooklyn-based licensed home care services agencies (LHCSAs) – NAE Edison d/b/a Edison Home Health Care of New York, LLC and Assistcare Home Health Services, LLC d/b/a Preferred Home Healthcare of New York, LLC – and their former operators (Edison and Preferred) for allegedly cheating more than 25,000 employees out of hard-earned wages and benefits and defrauding Medicaid. For years, Edison and Preferred failed to pay home health aides, many of whom are immigrant women and women of color, full compensation for their work as required by law. Instead, they used funds intended to provide workers with benefits like paid vacation time to increase their own bottom line. 

As a result of the Office of the Attorney General’s (OAG) settlement, Edison and Preferred will pay $7.5 million in unpaid wages to more than 25,000 current and former employees and pay $9.75 million to the Medicaid program. Edison and Preferred have also entered into an agreement with the United States Attorney’s Office for the Eastern District of New York (EDNY) to resolve federal Medicaid fraud liability. This settlement is the largest reached by OAG for violations of the Wage Parity Act to date.

“Home health aides provide crucial care to our most vulnerable neighbors and loved ones, and they deserve to be paid for their hard work,” said Attorney General James. “Edison and Preferred cheated employees out of years of pay and cheated New York taxpayers by defrauding Medicaid for their own benefit. This is a tremendous victory for our ongoing efforts to protect hardworking New Yorkers’ rightfully earned wages. My office will do everything in our power to ensure that companies cannot steal wages and take advantage of the system. Thank you to U.S. Attorney Breon Peace for his continued partnership in rooting out Medicaid fraud.”

“Home health aides work long hours at difficult, often thankless tasks to ensure that the vulnerable individuals who they provide services to are properly cared for,” said U.S. Attorney Breon Peace. “These aides deserve the hard-earned benefits guaranteed them under the law and my office will ensure that they are accurately compensated.”

The home health aide workforce is predominantly comprised of women who are often immigrants or people of color. Aides provide comprehensive in-home care to sick or homebound patients, doing everything from bathing, dressing, and grooming to feeding, lifting, and transporting patients who cannot do so themselves. Home health aides work long hours and at times can be subject to emotionally taxing treatment from patients struggling with their physical and mental health. The New York Wage Parity Act was created to ensure home health aides receive fair compensation and benefits for their hard work. 

The Wage Parity Act sets wage and benefit minimums that LHCSAs are required to pay to staff who perform home health aide and personal care services to Medicaid recipients. Under the current law, LHCSAs must pay workers in New York City and Nassau, Suffolk, and Westchester counties a base wage of $18.55 per hour plus an additional $1.67 (in Nassau, Suffolk, and Westchester) or $2.54 (in New York City). The additional amount per hour can be paid in cash wages or in benefits such as paid vacation time. In order for LHCSAs to get Medicaid reimbursements for home care services provided to Medicaid recipients, they must comply with these minimum wage and benefit requirements. 

The joint OAG and EDNY investigation found that Edison and Preferred failed to pay their home health aides the full benefits owed to them under the Wage Parity Act. Edison and Preferred used the wage parity funds required by law to benefit aides to instead purchase medical “stop loss” insurance, which is a type of insurance that acts as a safety net for employers that are paying for their employees’ medical claims. The joint investigation also revealed that individuals and entities related to Edison and Preferred received millions of dollars in dividend payments from this “stop loss” insurance, which effectively served as a means of siphoning away funds intended for employees. Edison and Preferred then continued to seek and receive payments from Medicaid for care performed by home health aides, while falsely representing that they were in compliance with the Wage Parity Act.

Edison and Preferred will repay $7.5 million to current and former home health aides for unpaid wages and benefits. Edison and Preferred will also revise company policies and procedures, train personnel on updated policies subject to OAG’s approval, and regularly report staff wages and policy implementations to OAG for a period of three years. If Edison and Preferred fail to comply with these terms or properly compensate its aides, OAG has the authority to bring a civil action against the agency and demand additional damages.

Edison and Preferred will also pay $9.75 million to the Medicaid Program, of which $5.85 million will go to New York state. The remaining $3.9 million will be paid to the federal government.

The OAG and EDNY commenced these investigations after whistleblowers filed a complaint under the qui tam provisions of the New York False Claims Act and the federal False Claims Act in the U.S. District Court for the Eastern District of New York. The New York False Claims Act allows individuals to file actions on behalf of the government and share in any recovery. The state has since filed a notice of intervention against Edison and Preferred for the purposes of settling its Medicaid fraud claims.

Attorney General James thanks U.S. Attorney Peace and EDNY for their collaboration on this matter.

New York MFCU’s total funding for federal fiscal year (FY) 2024 is $68,997,928. Of that total, 75 percent, or $51,748,448, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent of the approved grant – totaling $17,249,480 for FY 2024 – is funded by New York state. Through its recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.

Statement from NYC Comptroller Brad Lander on the City’s Credit and Upcoming Bond Sale

 

New York City Comptroller Brad Lander issued a statement ahead of the City’s upcoming General Obligation (GO) Bond Sale, which will take place on Wednesday, October 9.

The statement is as follows:

“Investors can be confident that New York City’s credit is strong. While the indictment of Mayor Eric Adams and the investigations surrounding several members of his administration are very serious, the management of the City’s finances is in the hands of professional staff that operate independently of political winds.

“During times of historic challenges to New York City and the nation – in the wake of 9/11, the global financial crisis, and the COVID-19 pandemic – the City continued to issue debt and pay debt service on time. Long-established policies that ensure strong discipline and governance have carried the City through numerous challenges. This will be no different.”

The Comptroller’s Office is working closely with the New York City Office of Management and Budget to issue approximately $820 million of taxable, fixed-rate General Obligation Social Bonds (that will finance the development of 4,300 units of affordable housing) and approximately $680 million of non-labeled taxable fixed-rate bonds to finance capital projects. Investors can be assured that the affordable housing financed by the bonds will be built, and that they will see the promised returns.

Subject to market conditions, pricing for both the social bonds and non-labeled bonds will take place on Wednesday, October 9, 2024.

The three major rating agencies (Moody’s, S&P Global and Fitch Ratings) expect the City to maintain its long-standing and well-established track record of fiscal discipline and strong financial management. The ratings and outlooks remain unchanged as of reports released late last week, after the indictment was announced.