Wave Hill Events: Virtual and Onsite!

 

September Salute to the Bees: Honey Extraction Demonstration (VIRTUAL)

Our hard-working bees have been busy this season! How do we get the honey out of the hives? Check out the sticky process of extracting honey from the comb with Senior Horticultural Interpreter emeritus Charles Day. This how-to video explains it all!

Fall Exhibitions (ONSITE)

The first of our Fall 2020 exhibitions have been installed and we are thrilled to be reopening Glyndor Gallery to the public. Visit wavehill.org for most up-to-date hours and visitor policies so you can see these works in person.

Family Art Project: The Land Loves Me Back (ONSITE)

Saturday and Sunday, October 3 and 4, 10AM-1PM

What does it look like when you love the land and the land loves you back? Show how you’d like to love the earth with messages of possibility, using upcycled containers and jars, natural materials, plants and clay to create a mini terrarium. As you design and build your terrarium, imagine what it might feel like to be an urban planner planting more street trees, an environmentalist protecting watersheds or a policy-maker helping to daylight a brook. 

*Shine only. Check the website the morning of for the status of the day’s program.

In Conversation—Tiffany Jaeyeon Shin & Dr. Vanessa Agard-Jones (VIRTUAL) 

Tuesday, October 8, 2-3PM

New York Community Trust Van Lier Fellow Tiffany Jaeyeon Shin will be in conversation with Dr. Vanessa Agard-Jones, moderated by Curator of Visual Arts Eileen Jeng Lynch. Topics include queer ecologies, fugitivity, toxicity, and decoloniality. The conversation will be pre-recorded and screened with a live Q &A on Facebook and can be viewed on this page.

This program is in conjunction with Tiffany Jaeyeon Shin’s Sunroom Project Space exhibition M for Membrane, which explores the membrane, mystery, and magic of microbial forms, fungi, and indigenous mold. In this indoor and outdoor multimedia installation, the fermenter—the artist—facilitates a community of indigenous leaf mold created from decomposed leaves, embodying the role of the witch, the scientist, and the alchemist, and from it, looks for possibilities of animacy and deep time. 

Family Art Project: The Earth on the Turtle’s Back (ONSITE)

Saturday and Sunday, October 10 and 11, 10AM-1PM

For Indigenous People’s Day, learn more about the history of the land on which you now live. Learn the story of how the ancestral lands of the Iroquois-speaking people came to grow from a turtle’s back. Create screenprints of this special turtle and imagine the indigenous tradition of the “Honorable Harvest,” then use dirt to create drawings that honor the history of the ancestral lands of the Iroquois-speaking people.

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS: Special restricted hours as New York City recovers from the COVID-19 pandemic: 10AM–5:30PM, Wednesdays–Sunday.

Information at 718.549.3200. On the web at www.wavehill.org.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - SEPTEMBER 30, 2020

 

Statewide Positivity Excluding Hotspot ZIP Codes is 0.82 Percent; 1.02 Percent with Hotspot ZIP Codes Included

DFS Extends Emergency Regulation Requiring Insurance Companies to Waive Out-Of-Pocket Costs for In-Network Mental Health Services for Frontline Essential Workers During COVID-19 Until November 27

9 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 1,114 Establishments; Observes 4 Establishments Not in Compliance

Confirms 1,000 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 458,649; New Cases in 49 Counties

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"We're dealing with the cluster situation. We've had clusters in the past stemming from factories, churches, bars and other locations. Remember we started with New Rochelle, the first hotspot in the United States, which stemmed from someone who attended a religious gathering and then a wedding. And that was the first super spreader event, so we're quite familiar with this, and when there's a cluster, we are very aggressive on it and we're oversampling in the clusters," Governor Cuomo said. "We've deployed rapid testing machines. So you have two infection rates that you want to pay attention to: the statewide numbers and then the cluster numbers. All of this is a stark reminder that we need to stay smart and vigilant - wear a mask, socially distance, follow the public health guidance - because this thing is not over."

New York State continues to track clusters with a particular focus on the top 20 ZIP codes in which there have been hotspots. Within the 20 hotspot ZIP codes, the average rate of positive tests is 5.5 percent. The rate of positive tests for the remainder of New York State, not counting the top 20 ZIP codes, is 0.82 percent. The rate of positive tests for all of New York State, including the top 20 ZIP codes, is 1.02 percent. These 20 ZIP codes contained 23 percent of all positive cases in New York State yesterday, but represent only 6 percent of the state's population.

The Governor also announced the New York State Department of Financial Services will extend an emergency regulation requiring New York health insurers to waive out-of-pocket costs, including cost-sharing, deductibles, copayments and coinsurance, for in-network mental health services for New York's frontline essential workers during COVID-19 until November 27. The extension of this emergency regulation helps to ensure that cost-sharing is not a barrier to in-network mental health services during COVID-19 for health care workers, first responders, transit workers, food services workers, retail workers at essential businesses, and other frontline essential employees, who are required to directly interact with the public while working during this continuing public health emergency. Governor Cuomo first announced the State's directive requiring New York insurers to waive out-of-pocket costs for in-network mental health services for frontline essential workers during COVID-19 in May.

Yesterday, the State Liquor Authority and State Police Task Force visited 1,114 establishments in New York City and Long Island and observed 4 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

• Brooklyn - 1
• Nassau - 3

Today's data is summarized briefly below:

• Patient Hospitalization - 605 (+34)
• Patients Newly Admitted - 100
• Hospital Counties - 38
• Number ICU - 144 (-3)
• Number ICU with Intubation - 67 (+6)
• Total Discharges - 76,754 (+63)
• Deaths - 9
• Total Deaths - 25,479

Former CEO And CFO Of Temporary Staffing Company Charged In Manhattan Federal Court With Scheme To Defraud Bank And Investors Of More Than $500 Million By Fraudulently Boosting Revenues

 

Two Accounting Department Employees Also Charged With Participating In the Scheme

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment in Manhattan federal court charging LOUIS LLUBERES, a/k/a “Luis Lluberes,” MOISES LLUBERES, MARIA AGUILAR, a/k/a “Maria Hewitt,” and MARIA LOPEZ with conspiracy to commit wire and bank fraud, wire fraud, bank fraud, and conspiracy to commit money laundering stemming from their years-long scheme to fraudulently boost the revenues of their temporary staffing company (“Company-1”) and launder funds through a series of shell companies before mischaracterizing the money as collections from customers.  The scheme allowed Company-1 to fraudulently obtain more than $500 million on its line of credit from a U.S. bank (“Bank-1”) and supported the sale of Company-1 to a group of investors (the “Investor Group”) at a grossly inflated price.  LOUIS LLUBERES, MOISES LLUBERES, AGUILAR, and LOPEZ were arrested this morning in the Middle District of Florida, and will be presented this afternoon in that district.  The case is assigned to U.S. District Judge Vernon S. Broderick.

Acting U.S. Attorney Audrey Strauss said:  “Louis Lluberes, founder and former CEO of a temporary staffing company, and his three co-defendants, allegedly schemed to inflate the company’s receivables, thereby making the company appear far more profitable than it was.  As alleged, they were thus able to fraudulently exceed their bank’s credit limit, borrowing over $500 million, and ultimately sold the company at a vastly inflated price.  Thanks to the assistance of the FBI, Lluberes and his co-defendants now face multiple federal fraud charges.”

FBI Assistant Director William F. Sweeney Jr. said:  "Today's indictment details an alleged multimillion-dollar scheme in which the defendants fraudulently borrowed money from a major financial institution, funneled the money from a revolving line of credit through a series of shell companies, and dumped it back into the company, falsely representing those funds as business proceeds. They later manipulated the books by creating fraudulent invoices to boost the perceived value of the company before its sale to a private equity firm. These charges serve to remind everyone that illegal business dealings will be faced with intense scrutiny."

According to the Indictment unsealed today in Manhattan federal court:[1]

LOUIS LLUBERES founded Company-1 in 1995 and served as Company-1’s chief executive officer until March 2020.  Company-1 served as a staffing company, supplying other businesses with temporary and permanent labor.  MOISES LLUBERES, LOUIS LLUBERES’s brother, served as Company-1’s chief financial officer.  AGUILAR, MOISES LLUBERES’s romantic partner, and LOPEZ, LOUIS LLUBERES’s daughter, served in Company-1’s accounting department.

Company-1 had established a revolving line of credit with Bank-1.  Under the terms of the line of credit, Company-1 could only borrow up to a designated ratio of Company-1’s eligible accounts receivable (the “Borrowing Base”).  By its terms, invoices that had gone more than 90 or 120 days without being paid were no longer eligible to be considered as part of Company-1’s Borrowing Base.  Officials at Company-1, including MOISES LLUBERES and LOPEZ, were required to submit weekly financial reports to Bank-1, which included information on Company-1’s sales and collections, among other items, that allowed Bank-1 representatives to calculate Company-1’s Borrowing Base.

Beginning in or about 2017, after losing significant business from major clients, the defendants began creating fraudulent invoices (the “Fictitious Receivables”).  The Fictitious Receivables, which were recorded on Company-1’s books, created the appearance that Company-1 was engaged in more business and would be receiving more client payments than was the reality.  All told, the defendants created more than 2,000 Fictitious Receivables.  LOPEZ was responsible for recording the vast majority of Fictitious Receivables onto Company-1’s books.

Thus, by inflating Company-1’s Borrowing Base through the creation of Fictitious Receivables, Company-1 and the defendants were able to borrow more than $520 million from Bank-1.  Company-1 was not actually entitled to borrow these funds.

In order to perpetuate their fraud, the defendants utilized two shell companies (“Shell-1”) and (“Shell-2”) to launder Company-1 funds before transferring those funds back to Company-1 and mischaracterizing those funds as client collection payments. 

Between in or about September 2017 and in or about March 2020, Company-1 accounts transferred approximately $120 million in funds obtained from Company-1’s line of credit with Bank-1 to Shell-1’s bank account.  During the same time period, Shell-1 transferred approximately $119 million to Shell-2, constituting approximately 90% of all funds received by Shell-2.  And, during the same time frame, Shell-2 transferred approximately $129 million to Company-1’s collections account, where the defendants disguised the funds as client payments on outstanding invoices.

Once the misappropriated funds had been returned to Company-1’s collections account, LOPEZ and others applied those funds against aging accounts receivable, including the Fictitious Receivables.  This allowed Company-1 to maintain its Borrowing Base and continue borrowing from Bank-1. 

Beginning in or about 2017, the Investor Group initiated negotiations to acquire Company-1, and the Investor Group executed an agreement to purchase Company-1 (the “Purchase Agreement”) in May 2018.  In connection with the Purchase Agreement, LOUIS LLUBERES certified that financial records relied upon by the Investor Group and incorporated into the Purchase Agreement, including Company-1’s accounts receivable, were accurate and legitimate.  In reality, as reviewed by forensic accountants retained by Company-1, these records included approximately $56 million in Fictitious Receivables, which resulted in the Investor Group overvaluing Company-1’s enterprise value by approximately 430%. 

LOUIS LLUBERES was paid approximately $11.3 million on the day the Investor Group acquired Company-1.  LOUIS LLUBERES also received an additional approximately $6.2 million based, in part, on fraudulent representations to the Investor Group and Company-1.  In total, LOUIS LLUBERES made at least $17.5 million from the sale of Company-1 (the “Acquisition Payments”).

LOUIS LLUBERES transferred at least approximately $716,000 in the Acquisition Payments to MOISES LLUBERES and at least approximately $45,000 in the Acquisition Payments to LOPEZ.  The defendants further used the Acquisition Payments to acquire homes in Florida, Punta Cana in the Dominican Republic, precious metals, and other personal items.  LOUIS LLUBERES also transferred Acquisition Payments funds to a Tex-Mex restaurant operated by LOUIS LLUBERES and MOISES LLUBERES in the Dominican Republic.

In or about March 2020, Company-1 learned of LOUIS LLUBERES and MOISES LLUBERES’s fraud when an attorney retained by the brothers wrote a letter, dated March 30, 2020, disclosing “excessive billing” to Company-1’s customers in order to increase Company-1’s sales and allow Company-1 to draw more from its line of credit than Company-1 would otherwise be entitled to.  AGUILAR closed Shell-2’s bank account the same day that the LLUBERES brothers’ attorney submitted the letter to Company-1.  Company-1 fired the defendants after it was alerted to the fraudulent scheme. 

LOUIS LLUBERES, 58, of Windermere, Florida; MOISES LLUBERES, 56, of Winter Grove, Florida; AGUILAR, 37, of Winter Grove, Florida; and LOPEZ, 37, of Orlando, Florida, are charged with (1) conspiring to commit wire and bank fraud, which carries a maximum sentence of 30 years in prison; (2) wire fraud, which carries a maximum sentence of 30 years in prison; (3) bank fraud, which carries a maximum sentence of 30 years in prison; and (4) conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.  The maximum potential sentences in this case are prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Ms. Strauss praised the investigative work of the FBI.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Governor Cuomo Announces Completion of $95 Million Mixed-Use Affordable Housing Development in Westchester County

 

22 South West Street Brings 189 Affordable, Energy-Efficient Apartments to Downtown Mount Vernon Adjacent to Metro-North Train Station 

Governor Andrew M. Cuomo today announced the completion of 22 South West Street in downtown Mount Vernon, a nearly $95 million, 189-apartment mixed-use development with ground floor retail space that is immediately adjacent to the Mount Vernon West Metro-North Station.  

"For many New Yorkers, the economic recovery from the pandemic is tied directly to the availability of quality affordable homes with easy access to transit, jobs and services," Governor Cuomo said. "This new supportive housing development continues our commitment to investing in communities across the state have access to safe, new and affordable housing."

"Now more than ever, we want to ensure that all New Yorkers have access to affordable housing and a good roof over their heads," Lieutenant Governor Kathy Hochul said. "The completion of the $95 million apartment complex in Mount Vernon, which is easily accessible to the Metro-North Station, is helping to transform the city's downtown and provide units for individuals and families with mixed incomes. The development is part of our ambitious five-year, $20 billion housing plan to add affordable housing across the state and help combat homelessness to build back better and enhance quality of life in our communities."

22 South West Street is part of Governor Cuomo's unprecedented $20 billion, five-year affordable Housing Plan administered by New York State Homes and Community Renewal. The $20 billion plan reflects a commitment to providing all New Yorkers with access to safe, affordable housing, making housing more accessible and combatting homelessness by building and preserving more than 100,000 affordable apartments and 6,000 units of supportive housing. 

22 South West Street is central to the Mount Vernon Revitalization Plan, which is transforming the city's downtown into a vibrant, walkable community that mixes transit-oriented higher-density housing with retail and other commercial activity. The development is adjacent to the Mount Vernon West Metro-North Station which offers a quick commute to Grand Central Terminal in New York City.  

The 17-story building has a shared outdoor terrace and indoor recreation area, a fitness center, washer/dryers in all units, plus a shared laundry facility and a children's playroom. There are 149 below-grade parking spaces and more than 4,000 square feet of ground floor retail space along South West Street. 

The mixed-income apartments are reserved for households within a range of incomes: 32 are for households earning 50 percent or less of the Area Median Income (AMI); 99 are for households earning 60 percent or less of the AMI; 27 are for households earning 80 percent or less of the AMI; and 30 are for households earning up to 110 percent of AMI. One apartment is set aside for the superintendent.  

The development reclaimed a former auto mechanic and gasoline station thanks to the New York State Department of Environmental Conservation's Brownfield Clean-up Program which remediates man-made environmental hazards. The building was designed to achieve LEED Silver certification.  

HCR's financing for the project included $26 million in permanent tax-exempt bonds, state and federal Low-Income Housing Tax Credits that generated nearly $32 million in equity and approximately $26 million in subsidy.  The New York State Energy Research and Development Authority provided over $133,000 through its New Construction Program and nearly $180,000 through its Combined Heat and Power Program. Other funding includes a payment in lieu of taxes agreement with the city. The developer for 22 South West Street is MacQuesten Development, LLC.  

Since 2011, HCR has invested more than $1 billion in 130 developments to create or preserve nearly 13,000 affordable homes and apartments in the Mid-Hudson Region, including nearly $800 million in Westchester County to support nearly 7,500 homes for more than 20,000 people. The State investment has leveraged nearly $1.9 billion in other funds for these Mid-Hudson Region developments.  

HCR Commissioner RuthAnne Visnauskas said, "Thanks to Governor Cuomo's commitment to affordable housing and to the health, safety and economic endurance of New York State, HCR maintained our momentum throughout the pandemic crisis. The completion of 22 South West Street is evidence of that commitment, and the vision and hard work on the part of the state, the city of Mount Vernon and our development partners. This once environmentally-damaged property in the heart of Mount Vernon has been transformed into 189 affordable, energy-efficient homes that will bring lasting, beneficial change to the heart of the city."   

DEC Commissioner Basil Seggos said, "New York's Brownfield Cleanup Program is advancing the restoration of former industrial sites in communities across the state and putting hundreds of underutilized properties back into productive use. The cleanup of brownfield properties like the former Repetti Service Station site in Mt. Vernon is critical to safeguarding public health, protecting the environment, and redeveloping community assets. The 22 South West Street project will bring critically needed quality affordable housing opportunities to downtown Mt. Vernon, helping to energize the local economy and improve quality of life."     

Governor Cuomo Reminds New Yorkers "Pink Tax" Ban Goes into Effect Today

 

Businesses Are Prohibited from Charging a Different Price for Consumer Goods or Services that are "Substantially Similar" Based on Gender

Banning the "Pink Tax" Was Enacted as Part of the FY 2021 Budget and a Key Component of the Governor's 2020 Women's Agenda

 Governor Andrew M. Cuomo announced that starting today, new reforms go into effect prohibiting businesses from charging a "pink tax," otherwise known as the practice of charging different prices for "substantially similar" consumer goods or services that are marketed to different genders. 

In April the Governor signed the FY 2021 New York State Budget which included the Governor's proposal to ban the "Pink Tax." The new measure requires certain service providers to provide price lists for standard services upon request and notifies them that gender-based price discrimination is prohibited under State law. Businesses that violate the law will be subject to civil penalties.

"New York is leading the nation in advancing women's rights and this milestone marks the latest step in New York's journey to break down barriers and put women on an equal playing field," Governor Cuomo said. "By abolishing the pink tax, women and girls will no longer be subject to harmful and unfair price discrimination and any businesses who fail to put an end to this despicable practice will be held accountable."

"Women and girls continue to face inequalities in many aspects of their daily lives, and it is unacceptable that they have to pay more than men for similar goods and services," said Lieutenant Governor Kathy Hochul. "Eliminating the pink tax helps put an end to gender-based pricing, ensure financial success and break down barriers for women. We do not tolerate discriminatory actions in our state, and we will continue to fight to eliminate the gender wage gap and achieve full equality and justice for all New Yorkers."

"The Pink Tax was gender-based discrimination, plain and simple," Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said. "In New York, women have been forced to accept the unjust reality of a higher price tag for identical goods marketed to men. It was unacceptable and starting today women and girls across this state can be confident that it won't happen again. New York has made tremendous progress in advancing gender equity through Governor Cuomo's Women's Agenda and abolishing the pink tax is a critical next step."

Secretary of State Rossana Rosado said, "For far too long, women have paid more for services and products that were substantially the same as the male marketed version. I applaud Governor Cuomo for his leadership in ending this widely accepted, everyday injustice that women of all ages have suffered in the marketplace. This landmark law points to a new and fair era for women in the marketplace."

Since the early 1990s, numerous studies have demonstrated the stark disparities in the cost of substantially similar goods and services based on whether they were marketed for men or women. Across the board, the studies found that women paid more for the female version of the same product offered to men. The economic impact on women to pay more for the same product has a greater overall reach than those immediate purchases. Starting today, September 30, 2020, the gross compound effect of the gender-based price disparities comes to an end in New York State.

The new law mandates that any individual or entity, including retailers, suppliers, manufacturers or distributors, are prohibited from charging a price for two "substantially similar" goods or services, if the goods or services are priced differently based on the gender for whom the goods or services are marketed. 

"Substantially similar goods" is defined as two goods that exhibit little difference in the materials used in production, intended use, functional design and features, and brand. "Goods" include any consumer product used, bought, or rendered primarily for personal, family or household purposes. For example, the same children's swimming pool product brand and dimensions offered in pink at $89.99 and blue at $69.99 would constitute a violation of law.

"Substantially similar services" is defined as two services that exhibit little difference in the amount of time delivering, difficulty, and cost in providing the service. "Services" include any consumer services used, bought or rendered primarily for personal, family or household purposes. For example, dry cleaning a woman's suit jacket for $12 and a man's suit jacket for $8, would constitute a violation of law.

The new law also seeks to empower consumers by giving them the right to receive, upon request, a written price list from any business that provides a service. The New York State Division of Consumer Protection encourages consumers to familiarize themselves of the new requirement and ask their service providers in advance for a price list.

Anyone selling products or providing services can avoid running afoul of the new law by ensuring that any price difference is based upon the following:

• The amount of time it took to manufacture such goods or provide such services
• The difficulty in manufacturing such goods or offering such services
• The cost incurred in manufacturing such goods or offering such services
• The labor used in manufacturing such goods or providing such services
• The materials used in manufacturing such goods or providing such services 
• Any other gender-neutral reason for having increased the cost of such goods or services   

Violations of the law are subject to the court ordered enjoinment of such sales, restitution to consumers, up to a $250 fine for the first violation, and up to $500 fine for any subsequent violations.

The New York State Division of Consumer Protection serves to educate, assist and empower New York State consumers. Starting September 30th, if you find a product or service offered for sale in New York State that does not comply with the new law, you may contact the Division of Consumer Protection at 800-697-1220 Monday to Friday, 8:30am to 4:30pm or file a complaint online at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook atwww.facebook.com/nysconsumer. 

Attorney General James Sues New York Sports Club and Lucille Roberts for Charging Illegal Dues and Prohibiting Consumers from Cancelling Memberships

 

NYSC and Lucille Roberts Charged New Yorkers Fees

While Gyms Were Shut Down Due to COVID-19

By Failing to Honor Cancellation Requests, TSI Treated Members Like Guests At “Hotel California”: “You Can Check Out Any Time You Like, But You Can Never Leave”

 New York Attorney General Letitia James today filed a lawsuit against the parent company of New York Sports Clubs (NYSC) and Lucille Roberts for unlawfully charging monthly dues to members and for partaking in a variety of illegal and fraudulent practices involving consumers’ cancellation rights. In her proceeding against Town Sports International Holdings, Inc. (TSI Holdings) and Town Sports International, LLC (TSI LLC) — collectively TSI — Attorney General James alleges that the company violated the law by continuing to charge consumers dues and fees, despite the fact that all health clubs and gyms in the state were ordered closed after the coronavirus disease 2019 (COVID-19) pandemic began to spread widely across New York in March. After Attorney General James sent the company a letter in early April, stating she would take necessary steps to protect consumers, TSI implemented a freeze of membership fees and dues on April 8, 2020 and promised consumers they would provide credits in the future, but, on or around September 1, 2020, the company unlawfully resumed charging consumers and never provided them with the promised credits, even charging some consumers who are members of clubs that have yet to open. In connection with today’s proceeding, Attorney General James also seeks a temporary restraining order in an effort to immediately block TSI from continuing to charge any dues or fines to New York members who submitted cancellation requests or charging any dues or fines to members in New York whose primary — or home — gym remains closed. The temporary order is subject to court approval.

“Since the COVID-19 pandemic began, New York Sports Clubs and Lucille Roberts have done everything possible to flout their obligations and take advantage of members,” said Attorney General James. “Time and again, these gyms have illegally sought to lift up their precarious financial state at their members’ expenses, even though many of these very members were simultaneously being crushed under the weight of financial hardships. Today’s suit aims to end TSI’s illegal efforts to run its members ragged, simply to spot its bottom line.”

From March 16, 2020 until August 24, 2020, all gyms in New York were closed by executive order due to the COVID-19 pandemic. But, unlike most gyms in New York that automatically froze memberships at no cost to members until gyms reopened, TSI did not automatically freeze memberships and didn’t even do so when consumers asked the company to do so. When consumers contacted TSI to request a freeze or cancellation — in the rare circumstance where they got through — TSI provided differing and often false information that prevented consumers from cancelling, such as telling consumers that cancellations were subject to 45-day advance notice requirements and subject to $10 or $15 cancellation processing fees. 

Despite all New York clubs being closed in March, TSI went ahead and charged its members April dues. In early April, Attorney General James sent a letter to TSI, reminding the company that New York’s Health Club Law authorizes gym members to cancel their membership when services are no longer available due to a substantial change in operation. On April 8, 2020, TSI announced that it had implemented a membership freeze at no cost to members and promised that “members will receive additional days of membership access equal to the number of days paid for while the clubs were closed in your area.” TSI also advised members that they could cancel their membership online and receive an email confirmation. Yet, despite these commitments, after some TSI clubs reopened on August 24, 2020, the company went ahead, on or about September 1, 2020, and — without notice to members — charged September dues, even charging those consumers who attempted to cancel their memberships or whose home clubs remained closed, thus potentially risking consumer safety by forcing many members to take public transportation to use an alternate gym at a location further away from their homes.

On September 14, 2020, TSI LLC and other subsidiaries of TSI Holdings filed petitions for bankruptcy; TSI Holdings has not filed for bankruptcy. That same day, TSI filed a motion to reject certain leases, including leases for nine NYSC locations in New York, for which TSI LLC has already relinquished the keys. There is no indication that TSI exempted members from these nine permanently closed gyms from being charged September dues or that they have contacted members about cancelling their memberships before October dues are charged.

To date, TSI has refused to refund member dues for the time period from March 16, 2020 to April 8, 2020, when members were charged dues despite the fact that all NYSC locations were closed. And, contrary to the commitments made on April 8, 2020, TSI does not appear to have given any members credits for the March to April time period when facilities began to reopen in August. 

In today’s suit, Attorney General James charges TSI with violating numerous New York state laws by charging consumers membership dues for services not being offered; failing to issue credits as promised; imposing unlawful fees and advance notice requirements on cancellation requests; misleading consumers about their rights to cancel their memberships; and refusing to honor cancellation requests. 

Attorney General James’ suit seeks to enjoin TSI from violating New York law, including, but not limited to, charging consumers dues for clubs that have not yet reopened, failing to provide credits for the period from March 16, 2020 through April 8, 2020, and failing to honor consumers’ statutory rights to cancel their contracts; restitution for New York consumers; disgorgement; costs; penalties; and the transfer of the $250,000 bond TSI posted pursuant to the Health Club Law to the OAG.

New York’s Health Club Law authorizes gym members to cancel their membership under certain circumstances, including “after the services are no longer available or substantially available as provided in the contract because of the [gym’s] permanent discontinuance of operation or substantial change in operation,” and requires gym owners to provide prorated refunds for such cancellations within 15 days. Additionally, the law further prohibits misrepresentations about consumers’ cancellation rights. Finally, the Health Club Law requires that health clubs and gyms post a bond, letter of credit, or certificate of deposit payable in favor of the people of the state of New York for the benefit of any member injured in the event that the gym goes out of business prior to the expiration of the member’s contract, or otherwise fails to provide a refund after the member cancels in accordance with the Health Club Law.

TSI owns and operates nearly 100 gyms and fitness clubs in New York state doing business under the brand names New York Sports Clubs and Lucille Roberts. 

49th Precinct Council Meeting Tuesday Night

 

Tuesday night was the first live meeting of the 49th Precinct Council. It seemed as though the Precinct Council had only been off for the two summer months rather than from when the Corona Virus hit the country. 

49th Precinct Council President Joe Thompson opened the meeting by welcoming everyone, and reading a petition to the Governor. state legislators, the mayor, and city council members to revisit the Defunding of the Police Department, and the Bail Reform act both of which, based on the current results, have proven to be a failure according to the petition President Thompson asked everyone to sign. 

Captain Natiw of the 49th Precinct then went over crime stats in three areas the city as a whole, the Bronx as a whole, and the 49th precinct. The biggest increases in Murder, Shootings, Burglary, and GLA (car theft) were the highest at the citywide level, slightly lower at the borough of the Bronx level, and lowest at the 49th Precinct level. The captain then presented the Cop of the month award to P.O. Edward Nunez who helped take down a suspect who had a loaded gun on him, and had outstanding warrants in several other precincts. 

After the crime prevention tip of the month, a warning about fitness centers and security of one's personal property by Crime Prevention Officer Tyrone Mederos. area neighborhood reports by local community groups were heard. Assemblywoman Nathalia Fernandez then spoke saying her office was now open Tuesdays and Thursdays from 10 AM to 4 PM by appointment only due to the CoronaVirus. She also mentioned that she was against defunding the police, that only internal work was being done, and no application has been submitted for 2500 Williamsbridge Road, ending by saying that the empty building on the corner of Barnes and Lydig avenues across from PS 357 was purchased by Destination Tomorrow to be used for transitional housing for LGBTQ adults. Security will be hired and a GED program will be offered to the community.

Above - Captain announces P.O. Edward Nunez as the 49th Precinct Cop of the Month.

Below - Assemblywoman Fernandez telling the audience that her office has reopened, about what was or was not going on at 2500 Williamsbridge Road, and that the building at 2134 would soon be occupied as the building had been purchased for use as transitional housing.

DiNAPOLI: WESTCHESTER SISTERS ADMIT TO STEALING $22,000 OF DECEASED MOTHER'S PENSION PAYMENTS

 

State Comptroller Thomas P. DiNapoli and Westchester County District Attorney Anthony A. Scarpino, Jr. announced the convictions of Annette Bigelow, 60, and Mary Nash, 59, who hid their mother’s death to collect nearly $22,000 in her state pension payments from 2013 to 2015. The two Westchester County residents each pleaded guilty to one count of felony grand larceny in the fourth degree.

"This was a deliberate act to abuse the system,” DiNapoli said. “Bigelow and Nash covered up their mother’s death for two years to steal from the New York State and Local Employees Retirement System. They now have judgments against them to repay the stolen funds. Those who try to scam the retirement system will be held accountable. I thank Westchester County D.A. Scarpino, Jr. for prosecuting these thefts.”

“This is another instance where people trying to scam the system have gotten caught taking money from the people of New York,” said Scarpino, Jr. “We continue to work with State Comptroller DiNapoli to stop this kind of fraud. We hope this sends a message to others who might think they could get away with it.”

Bigelow and Nash appeared before Westchester County Court Judge David Zuckerman. Bigelow and Nash are due back in court Jan. 6 for sentencing.

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse.  New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.state.ny.us, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 14th Floor, 110 State St., Albany, NY 12236.

Westchester County District Attorney Anthony A. Scarpino, Jr. leads the largest district attorney’s office north of New York City. The office employs more than 200 assistant district attorneys, criminal investigators and support staff. The District Attorney’s Office works with over 40 local police departments, the Westchester Department of Public Safety, New York State Police, as well as other state and federal law enforcement agencies. Contact us at info@westchesterda.net.