Thursday, February 13, 2025

Attorney General James Releases Tips for New Yorkers to Protect Themselves from Predatory Debt Collectors

 

New York Attorney General Letitia James today released a guide to help New Yorkers use the state’s Exempt Income Protection Act (EIPA) to protect their money from debt collectors. The EIPA is a state law that prevents debt collectors from draining consumers’ bank accounts, leaving them unable to cover the costs of basic needs. The law automatically protects a certain amount of money in people’s bank accounts from being frozen or seized, and also protects vital government benefits like Social Security, disability benefits, and veteran’s benefits. The Office of the Attorney General’s (OAG) guide comes after Attorney General James recently secured $1 million from Netspend, a financial services company that illegally turned over its customers’ funds to debt collectors when those funds should have been protected under EIPA. The OAG’s guide will help New Yorkers use their rights under EIPA to protect their money and report debt collectors who are breaking the law to OAG.

“When banks allow debt collectors to wipe out New Yorkers’ bank accounts, they’re not only throwing vulnerable people into financial chaos, they’re breaking the law,” said Attorney General James. “New Yorkers should know how to protect their money from debt collectors so they can continue to pay their bills while they manage their debt. My office’s helpful guide provides valuable tips for New Yorkers to protect their funds and hold banks and debt collectors accountable when they break the law. I encourage anyone who has had their hard-earned money illegally seized or frozen to report it to my office.”

The EIPA automatically exempts a certain amount of money in people’s bank accounts from being frozen or seized. This protected amount is based on the minimum wage and is $3,960 for those in New York City, Long Island, or Westchester, and $3,720 for those anywhere else in New York as of January 2025. The EIPA also protects 90% of wages or salary earned in the 60 days before a debt collector attempts to seize funds. 

Crucially, EIPA also protects government benefits and retirement funds from being frozen or seized, ensuring New Yorkers have enough money to pay their bills. These funds include:

  • Social Security;
  • Supplemental security income;
  • Disability benefits;
  • Unemployment insurance;
  • Workers compensation;
  • Veterans benefits;
  • Spousal support, alimony, or child support; and
  • Payments from public or private pensions and retirement accounts, such as 401(k)s or individual retirement accounts (IRAs).

Attorney General James has successfully secured restitution for New Yorkers whose funds were illegally seized by debt collectors. In April 2024, Attorney General James secured more than $700,000 from Pathward Bank for unlawfully freezing customer accounts and illegally transferring money to debt collectors in violation of EIPA. In February 2024, Attorney General James secured more than $650,000 from a debt collection law firm for filing frivolous lawsuits against vulnerable New York City tenants. In May 2022, Attorney General James and the Consumer Financial Protection Bureau shut down a predatory debt collection operation that used deceptive and abusive tactics to illegally collect millions of dollars from hundreds of thousands of consumers.

The OAG’s guide includes the steps New Yorkers must take to use EIPA to protect their funds from being seized, as well as instructions on how to report violations to OAG. Any consumer who has had their money frozen or seized in violation of the law should report the violation to OAG’s Consumer Frauds Bureau online or by calling 1-800-771-7755.

Comptroller Lander Reveals Only 40 out of 3,500 Restaurants Have Received Outdoor Dining Permits Ahead of the Program’s April 1 Start

 

At the peak, estimated 12,500 restaurants had an outdoor dining setup, leading to 11,720 jobs and $373 million in total annual wages

Ahead of the outdoor dining season beginning on April 1, New York City Comptroller Brad Lander reveals that the Department of Transportation (DOT) has only submitted 40 outdoor dining permits to the Office of the Comptroller, as required by law, despite a total of 3,500 restaurants having applied since the application period opened in March 2024. 

“New York City’s restaurant scene survived and flourished because of outdoor dining—and yet City Hall’s kitchen is backed up with permits, leaving lots of restaurants out in the cold,” said Comptroller Brad Lander. “Spring is almost here, and restaurants owners are running out of time to design new outdoor seating and obtain liquor licenses. The Department of Transportation needs to stop ticket stacking and start sending their permits to this office.”  

At the height of the outdoor dining program, an estimated 12,500 restaurants had a temporary outdoor dining setup. During this time, outdoor dining was a lifeline for restaurants to not only survive the pandemic but thrive. According to an analysis from the Comptroller’s office, at its peak, outdoor dining created 11,720 jobs, resulting in $373 million of total annual wages, and generated $9.6 million annual income tax to the City. The program also offered restaurants the opportunity to activate 2.4 million square feet of parking spaces, which would have cost restaurants an estimated $156.4 million in total annual commercial rent. 

In response to the Adams Administration’s mismanagement of this process, Comptroller Lander submitted a letter to Deputy Mayor for Operations Meera Joshi and DOT Commissioner Ydanis Rodriguez calling on the agency to process and file all outdoor dining applications currently in its queue by the end of the month to give restaurants time to plan for the upcoming season.  

Additionally, the Comptroller, in partnership with the New York City Hospitality Alliance, calls on the agency to implement the following recommendations: 

  1. Commit DOT to a clear application processing time 
  2. Offer an option for year-round roadway dining
  3. Permit safe sidewalk café enclosures 
  4. Allow more flexibility for safe sidewalk café clearances 
  5. Improve the user-friendliness of the application process 
  6. Clarify scaffolding requirements 

 “While the Dining Out NYC program is certainly an improvement over the pre-pandemic sidewalk café law, we’ve come to understand why too few restaurants have applied and been approved. Now is the perfect time for the city to enact thoughtful reforms to outdoor dining that further streamline the application process, support high-quality winter enclosures, allow for year-round roadway cafés, among other modifications. These changes would remove barriers for small businesses and help foster a thriving outdoor dining scene. Thanks to Comptroller Lander’s analysis, we now have a clearer picture of the economic consequences of losing so much outdoor dining. These reforms won’t just support local restaurants—they’ll also boost tax revenue and create jobs. We’re eager to work collaboratively with all stakeholders to ensure that NYC is the country’s model for al fresco dining,” said Andrew Rigie, Executive Director of the NYC Hospitality Alliance. 

Read the full letter: https://comptroller.nyc.gov/reports/letter-to-deputy-mayor-for-operations-joshi-and-commissioner-rodriguez-re-dining-out-nyc-program/

Governor Hochul Makes a Reproductive Freedom Announcement

Governor Hochul makes a announcement.

Governor Hochul: “Louisiana has changed their laws, but that has no bearing on the laws here in the State of New York. Doctors take an oath to protect their patients. I took an oath of office to protect all New Yorkers, and I will uphold not only our constitution, but also the laws of our land. And I will not be signing an extradition order that came from the Governor of Louisiana: Not now, not ever.”

Hochul: “And to establish that this is known across the State, we have sent out a law enforcement notice that certain out-of-state warrants are not enforceable in the State of New York. So anyone who possibly pulls over an individual or is involved in a situation for a doctor who is protected under our laws is told, ‘You are not to cooperate and enforce this extradition.’ So I want to be clear that we have taken all the steps we can to protect this doctor.”

Good afternoon. At 1:41 p.m. today, this office received an order of extradition for a New York doctor, an abortion provider, who lives upstate. She has been accused of participating in a murder, and they're saying that she is to be charged with the crime of a criminal abortion by means of abortion-inducing drugs. This is a very serious offense.

As I have said before, in the State of New York, at my direction, we have put in place strict shield laws that anticipated this very situation: That in the aftermath of the overturning of Roe v. Wade — the established law for 49 years that gave women the rights that my mother's generation had to fight for, that my generation took for granted, that are no longer there for my daughter's generation — after 49 years of having the established law of the nation overturned by this Supreme Court, we knew that in the State of New York that we had providers who could be vulnerable.

And what we're talking about is also the amendments we put in place after the original law was signed in 2022. We also contemplated a prescription of a telemedicine prescription for this legally abortion-inducing drug, which has been on the market and approved by the FDA for over 20 years. It is safe and it has been legal.

Louisiana has changed their laws, but that has no bearing on the laws here in the State of New York. Doctors take an oath to protect their patients. I took an oath of office to protect all New Yorkers, and I will uphold not only our constitution, but also the laws of our land. And I will not be signing an extradition order that came from the Governor of Louisiana: Not now, not ever. I want to be very clear on that.

And to establish that this is known across the State, we have sent out a law enforcement notice that certain out-of-state warrants are not enforceable in the State of New York. So anyone who possibly pulls over an individual or is involved in a situation for a doctor who is protected under our laws is told, “You are not to cooperate and enforce this extradition.”

So I want to be clear that we have taken all the steps we can to protect this doctor to continue allowing her to continue practicing what we believe is reproductive health, which I believe is an essential right.

 

Ohio-Based Supplier of Aircraft Parts and Three Employees Charged for Illicit Export Scheme Involving Russia

 

Flighttime Enterprises Inc., an American subsidiary of a Russian aircraft parts supplier, along with three of its current and former employees, have been charged federally with crimes related to a scheme to illegally export aircraft parts and components from the United States to Russia and Russian airline companies without the required licenses from the Department of Commerce.

The three individuals charged include Daniela Friery, 43, a naturalized U.S. citizen residing in Loveland, Ohio; Pavil Iglin, 46, a citizen of Russia who currently resides in Florida pursuant to a non-immigrant visa; and Marat Aysin, 39, a legal permanent resident of the United States who currently resides in Florida.

According to the 11-count indictment unsealed today, the three defendants worked for Flighttime Enterprises Inc., an aircraft equipment supplier with office locations near West Chester, Ohio, and Miami.

As alleged in the indictment, following Russia’s further invasion of Ukraine in February 2022, Flighttime and the individual defendants knowingly and willfully violated and evaded the export restrictions imposed on Russia to ship aviation parts to Russia and Russian end users, including airlines subject to Department of Commerce Temporary Denial Orders, by mislabeling shipments, providing false certifications, and using intermediary companies and countries to obscure the true end destination and end users. The indictment details four specific export transactions totaling more than $2 million.

For example, in June 2022, Flighttime employees allegedly negotiated the purchase of an auxiliary power unit from an American supplier for $395,000. The U.S. supplier initially expressed hesitation about the transaction due to the company’s connections to Russia. In connection with the purchase, Aysin falsely told the American supplier that the part would be used to replenish stock in West Chester. Through Aysin, Iglin allegedly signed and dated a Russia end-user certificate with the supplier falsely certifying that the part would not be exported to Russia. The part was thereafter illegally exported to Russia for a Russian aviation company without the required license.

The company and three defendants are each charged with one count of conspiring to violate the Export Control Reform Act (ECRA), and multiple counts of violating the ECRA, which are federal crimes punishable by up to 20 years in prison.

They are also charged with conspiracy to commit smuggling, which carries a maximum penalty of five years in prison, and multiple counts of smuggling, which carry maximum penalties of 10 years in prison. Finally, they are each charged with one count of conspiring to launder monetary instruments, a federal crime punishable by up to 10 years in prison.

Sue J. Bai, head of the Justice Department’s National Security Division; U.S. Attorney Kenneth L. Parker for the Southern District of Ohio; Special Agent in Charge Elena Iatarola of the FBI Cincinnati Field Office; and Special Agent in Charge Jeffrey Levine of the Office of Export Enforcement, Bureau of Industry and Security (BIS) announced the case.

The FBI and BIS are investigating the case.

Assistant U.S. Attorney Timothy S. Mangan for the Southern District of Ohio is prosecuting the case with assistance from Trial Attorneys Maria Fedor and Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section.

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

MAYOR ADAMS’ STATEMENT FOLLOWING MEETING WITH BORDER CZAR TOM HOMAN

 

New York City Mayor Eric Adams today released the following statement after meeting with “Border Czar” Tom Homan earlier today:

“As I have always said, immigrants have been crucial in building our city and will continue to be key to our future success, but we must fix our long-broken immigration system. Since the spring of 2022, New York City has been forced to shoulder the burden of a national humanitarian crisis where more than 230,000 migrants have come to our city seeking support, at a cost of approximately $7 billion, with little help from the previous administration. That is why I have been clear that I want to work with the new federal administration, not war with them, to find common ground and make better the lives of New Yorkers.

“Today, I met with ‘Border Czar’ Tom Homan and local federal law enforcement officials to discuss how we can work together to remove violent migrant gangs from our city. We are now working on implementing an executive order that will reestablish the ability for ICE agents to operate on Rikers Island — as was the case for 20 years — but now, instead, ICE agents would specifically be focused on assisting the correctional intelligence bureau in their criminal investigations, in particular those focused on violent criminals and gangs. We also discussed ways to embed more NYPD detectives into federal task forces, focusing on these violent gangs and criminal activity. Keeping the 8.3 million New Yorkers who call our city home safe is — and will always remain — our administration’s North Star.”

Councilmember Kristy Marmorato's Weekly Newsletter

 


Councilwoman Kristy Marmorato

Dear Neighbors,


This week, we continued our commitment to supporting our community members by organizing an E-waste event, visiting local schools, sharing dinner with local Veterans, and celebrating a fantastic grand business opening! It is always a joy to engage with our amazing community and ensure we keep providing valuable events that meet the needs of our constituents.


In this newsletter, you will find details about the district events that took place this week, along with information on various upcoming events we have planned.


It is an honor to represent you in the New York City Council and continue fighting to keep our community safe, healthy, and prosperous!


Sincerely,

Councilwoman Kristy Marmorato

District 13, Bronx


E-Waste Recycling with DSNY ♻️


Last Thursday, we held our E-Waste recycling event in partnership with DSNY, Allerton Merchants, and 3x3 Corp!


It was fantastic to see so many community members coming together to responsibly drop off their electronics for recycling. A big thank you to everyone who participated and contributed to the success of this event, and to everyone who collaborated together to make this event happen!


In the District: Visiting The Van Nest Academy for Environmental Health Sciences and Technology 🏫



Last Friday, Councilwoman Marmorato visited The Van Nest Academy for Environmental Health Sciences and Technology . This school honors the memory of Lt. Curtis W. Meyran and Firefighter John G. Bellew, both brave firefighters who lost their lives while serving in the Bronx. 👨‍🚒


She had engaging discussions with Principal Gilligan, as well as staff and students, witnessing the amazing productivity taking place at the school.


We are excited to continue to collaborate further for the benefit of our community!


Dinner with the Veteran's Parade Committee and Neighborhood Veterans ❤️🤍💙


Councilwoman Marmorato and her team had the pleasure of attending a delightful dinner with the Veteran's Parade Committee and local veterans.


It was a fantastic evening spent in the company of our community!

A heartfelt thank you to our veterans and their families.


Councilwoman Marmorato is committed to advocating for the respect and recognition that our nation's veterans deserve!



















🎉 Business Grand Opening: Castle Studio



On Saturday, Councilwoman Marmorato had the pleasure of participating in the ribbon-cutting ceremony at Castle Studio on Williamsbridge Rd!


This new business is a welcome addition to our District 13 community, and is the latest photography studio in the area!


It was wonderful to celebrate this grand opening alongside the Alliance of Yemeni American Businesses (AYAB). We are eager to foster a thriving environment for our businesses to flourish and succeed.


Constituent Casework Highlights✔️

Serving You!

✦•········•✦•·······•✦



District 13, this week our office is thrilled to announce the successful removal of a hazardous tree!🌳


Our Constituent Liaison team worked tirelessly to resolve this matter, and we are immensely grateful for the NYC DOT's efforts in addressing it.


Ensuring the safety of our community members is always our top priority. ✅


If you live in District 13 and need help with a City Agency contact my office at:

718-931-1721. We are open from Monday - Thursday 9 AM - 5 PM and Fridays from 9 AM - 2 PM. We offer FREE casework services to help our residents of District 13.


Attention NYC Youth: Applications for the SYEP Program are now OPEN


Bronx Teens Saturday Program



Let us Know! Illegal Smoke Shops


Please let us know about illegal and unlicensed smoke shops operating within District 13!



Your Feedback on E-Scooters Matters!


Report E-Scooters that are blocking sidewalks, fire hydrants, ADA-accessible entrances, or creating any other hazardous conditions in our community.


Reach out to us at district13@council.nyc.gov


Upcoming Events






Councilwoman Marmorato 718-931-1721

DEC MARKS 21st SUCCESSFUL YEAR FOR NEW YORK STATE'S BROWNFIELD CLEANUP PROGRAM

 

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71 New Sites Accepted into Brownfield Cleanup Program in 2024

More than Half of 61 Brownfield Cleanups Completed in 2024 Include Planned Construction of Thousands of Affordable Housing Units

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced the 21st year successful environmental cleanups in the State's Brownfield Cleanup Program (BCP). In 2024, DEC issued 61 Certificates of Completion to sites in the program and accepted 71 new sites into the BCP, helping protect public health and the environment across New York State while revitalizing neighborhoods and strengthening local economies. 

“New York State’s Brownfield Cleanup Program is a critical tool supporting community revitalization efforts across the state, cleaning up environmental pollution, and transforming former industrial properties while improving local economies and quality of life for New Yorkers and their families,” Interim Commissioner Mahar said. “DEC is proud to administer the Brownfield Cleanup Program to help protect public health and the environment while supporting economic development, including construction of affordable housing and other redevelopment, especially in underserved communities most impacted by legacy industrial pollution.” 

DEC oversees New York State's BCP to encourage the voluntary cleanup of contaminated properties known as “brownfields” so these sites can be redeveloped and returned to productive use. A brownfield site is any real property where a contaminant is present at levels exceeding health-based or environmental standards or applicable cleanup objectives based on the anticipated future use of the property. Unlike State Superfund Program cleanups, which are funded by New York State and polluters, the BCP encourages developers and private-sector entities to invest in the cleanup of brownfields and promotes redevelopment of these sites to revitalize communities. Future site uses include recreation, housing, business, and other functions. The BCP is a sustainable alternative to greenfield development, helping to preserve undeveloped land while removing barriers to, and providing tax incentives for, the redevelopment of brownfields. 

Since its inception in 2003, DEC has approved more than 1,360 applications to the BCP and issued Certificates of Completion (COCs) to approximately 715 formerly contaminated properties statewide. DEC issues COCs based on its expert review of a Final Engineering Report, which certifies the cleanup performed by an applicant meets State cleanup requirements for the protection of public health and the environment. The COC triggers the availability of tax credits administered by the New York State Department of Tax and Finance for eligible parties and allows the certificate holder to redevelop the site.   

Construction of new housing, including affordable housing units, was identified as priority in Governor Kathy Hochul’s 2025 State of the State and FY 2025-26 Executive Budget, and continues to be an important driver in redevelopment proposals submitted to the BCP. Thirty-five of the 61 completed cleanup sites in 2024 are planned for the creation of thousands of affordable housing units across New York City and the state. The Governor’s Executive Budget also includes reauthorizing the State Superfund (SSF) program to investigate and clean up hazardous waste at sites across the State, part of a 10-year, $1.25 billion reauthorization of the SSF.

Some completed BCP projects are located in the New York Department of State's Brownfield Opportunity Areas (BOA). The BCP and BOA programs complement one another and along with DEC partners, including the State Department of Health and State Homes and Community Renewal, help transform former industrial sites into community assets that support businesses, jobs, and revenue for local economies, as well as new housing opportunities and public amenities. 

New York State Homes and Community Renewal Commissioner RuthAnne Visnauskas said, “For more than two decades, the Brownfield Cleanup Program has helped create housing while also improving public health and strengthening local economies. The 61 sites that completed the program in 2024 will be redeveloped into safe, affordable, and sustainable homes or commercial spaces in communities that have been most disproportionately impacted by pollution. We applaud our partners at the Department of Environmental Conservation for their leadership on this innovative program.”

A few of the successful cleanups completed in 2024 are: 
St. Clair Hotel Dry Cleaning, Yonkers – Site Number C360220. The cleanup for this 0.214- acre parcel was conducted under the BCP and included the removal of nearly 15,000 tons of contaminated soils and treatment of groundwater. Previous commercial operations at the site—including the St. Clair Hotel, which operated from the mid-1900s—resulted in soil, groundwater, and soil vapor contamination. Redevelopment of the site includes 76 affordable apartment units and commercial space in downtown Yonkers, located near the MTA Metro North train station.

Rogers Snyder, Brooklyn – Site Number C224374. The 0.328-acre site in Brooklyn was first developed in the late 1800s with two-story residential and commercial storefronts. Later uses of portions of the site included an auto garage, automotive paint shop, and auto repair. The cleanup included excavation and off-site disposal of 7,500 tons of contaminated historic fill and approximately 25 tons of hazardous soil. The planned redevelopment of this site includes construction of two mixed-use buildings, including an affordable housing component.

Willets Point, Queens – Site Numbers C241146B, C241146C, C241146E, C241146F, and C241146G. This multi-parcel site located in Queens was a former municipal ash landfill, most notably made famous in the novel The Great Gatsby. Subsequent uses include dozens of independent automotive service and repair facilities across the site’s 20+ acres, earning it the nickname “The Iron Triangle.” Cleanup of the various parcels included excavation and off-site disposal of more than 64,000 cubic yards of petroleum-contaminated soil and urban fill material, and active treatment of groundwater. The sites are being redeveloped for a variety of uses, including affordable housing for seniors and a new professional soccer stadium. Interim DEC Commissioner Mahar toured the Willets Point Redevelopment Project site last summer to see firsthand how the BCP is helping advance Governor Hochul’s environmental, affordable housing, economic development goals. Watch a highlight video of the visit here: https://www.youtube.com/watch?v=9bVy-B7VDf0

Carman Place, Hempstead – Site Number C130250. The 2.5-acre site is located in Hempstead, Nassau County. Past use of the site by a dry cleaner, auto service station, and potential releases from an underground storage tank resulted in contamination at the site. The cleanup included excavation and off-site disposal of approximately 23,300 cubic yards of contaminated material and removal of an underground storage tank. Redevelopment of the site includes two mixed use commercial and affordable housing residential buildings.

Main & Hertel, Buffalo – Site Number C915318. The 4.9-acre site in the city of Buffalo, Erie County, was cleaned up to allow for redevelopment into apartments with adjoining commercial space. The cleanup included excavation of approximately 1,700 tons of contaminated soil and disposal of approximately six tons of drums and underground storage tank materials and 500 tons of building materials, including concrete, wood, and transformers. The property was previously operated by the Keystone Corporation for electroplating operations. Prior to that, the property was used to manufacture various products since 1910, including paint, vehicles, and gasoline pumps.

281-301 Warner Ave LLC, Roslyn – Site Number C130238. The 0.85-acre site is in the village of Roslyn, Nassau County, and was originally developed between 1947 and 1951. A dry cleaner operated at the site from approximately 1974 to 2010. The cleanup included excavation of approximately 4,000 cubic yards of impacted soil. Redevelopment included construction of commercial storefronts along Warner Avenue with residential units on the upper floors.

For more information about DEC’s Brownfield Cleanup Program, visit DEC's website.