Thursday, March 14, 2019

Wave Hill events March 28‒April 4


Sat, March 30
Take a walk around Wave Hill and see that flowers are blooming and plants are growing. Take advantage of this wondrous season of growth, and make handmade journals—unfurling as flowers do—to document your observations. Free, and admission to the grounds is free until noon.
Wave Hill House, 10AM–1PM

Sat, March 30
This winter, Glyndor Gallery is transformed again into studio spaces for artists to develop new work and offer opportunities for public interaction in the context of the garden. Individual artists share their studio practice with the public on this open studios day. This year’s Session 2 artists are Nobutaka AozakiLiene BosquêTijay MohammedJessica Segall, and our two New York Community Trust Van Lier Fellows, Duy Hoàng and Emily Oliveira. Free with admission to the grounds.
Glyndor Gallery, NOON–3:30PM

Sat, March 30
Design and plant a fanciful miniature landscape in a glass container with a selection of diminutive plants, perfect for home or office. Wave Hill’s Director of Public Programs Laurel Rimmer provides plants, materials and personal assistance in this popular annual workshop. Space is limited! Ages eight and older welcome with an adult. $50; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center.
Wave Hill House, 1PM

Sun, March 31
Take a walk around Wave Hill and see that flowers are blooming and plants are growing. Take advantage of this wondrous season of growth, and make handmade journals—unfurling as flowers do—to document your observations. Free with admission to the grounds.
Wave Hill House, 10AM–1PM

Sun, March 31
Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
Meet at Perkins Visitor Center, 2PM

Mon, April 1
Closed to the public.

Tue, April 2
Whether for pleasure or for profit, to create change, document one’s family or capture a mood, every photograph is taken with a purpose. Together with photographer Benjamin Swett, explore the varieties of motivators for taking pictures, through slide lectures, class discussions, outdoor photography in the woods and gardens of Wave Hill and critiques of student work. This five-session series continues Tuesdays, April 9, 16, 23 and 30. $245; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center.
Wave Hill House, 10AM–1PM

Thu, April 4
From bud to bloom, nature has an endless inspiration to offer artists in the spring. Capture changing textures and subtle color shifts as the garden transitions from subtle to bright. Each week, with the guidance of artist Wennie Huang, spring continues to pop and participants experience, observe and render exquisite moments using layers of dry and wet media. This six-session series continues Thursdays, April 11, 18, 25, May 2 and 9. A list of materials will be provided. $300; Wave Hill Members save 10%. Registration required, online or at the Perkins Visitor Center.
Wave Hill House, 10AM–1PM

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  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM,  March 15–October 31. Closes 4:30PM, starting November 1.

ADMISSION – $10 adults, $6 students and seniors 65+, $4 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES – Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm
  
DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

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

Apple Blossom Carnival & Barnyard Egg Hunt at Queens Farm, April 2019


Put the spring in your step this April at the Queens County Farm Museum. The farm's annual Apple Blossom Children's Carnival and Barnyard Egg Hunt kick off the farm's signature event season. Queens Farm has been farmed since 1697 making it the longest continually farmed site in New York State.
 
Apple Blossom Children’s Carnival
Tilt-A-Whirl in the farm’s orchard at the Apple Blossom Children’s Carnival! This event runs for two consecutive weekends, April 6th and 7th and April 13th and 14th from 11:00 am–6:00 pm each day. Daily admission includes unlimited carnival rides and kids crafts at the Con Edison Ecology booth which also features the popular Adopt-a-Worm composting program. Visitors can also enjoy hayrides, midway games and classic carnival treats. Advance tickets are encouraged and can be purchased at queensfarm.org. Advance tickets are $15 for all ages. $20 door tickets will be available on site at the event.

Barnyard Egg Hunt

Hop on over to the Farm for the most celebrated egg hunt in Queens! Queens Farm’s annual Barnyard Egg Hunt is on Saturday, April 20th from 11:00 am–3:00 pm. Egg hunts will be ongoing throughout the day. Whiskers the Bunny will be there with his bunny colleagues. BYOB (bring your own basket) is encouraged. The Barnyard Egg Hunt features assorted eggs-ellent games for the entire family. You can also visit with the farm’s animals and top off your day with a hayride! Advance tickets only for this event. Tickets are $10 for all ages and can be purchased at queensfarm.org.

The Queens County Farm Museum is located at 73-50 Little Neck Parkway in Floral Park, New York 11004. There is free event parking and a bicycle rack is available on-site. Strollers, backpacks and bottled water are permitted on the farm grounds. Farm grounds and restrooms are accessible. For more information visit queensfarm.org
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STATEMENT FROM STATE SENATOR GUSTAVO RIVERA ON SENATE BUDGET RESOLUTION


GOVERNMENT HEADER
"The One House Budget Resolution that we adopted today clearly demonstrates that as a Conference we are committed to governing effectively and in a fiscally responsible way to address the issues affecting middle class and working class New Yorkers all across our state.
 
As the Chair of the Health Committee, I am proud that many of the health measures proposed by the Senate health work group were included in this resolution primarily the rejection of an outrageous $1.2 billion cut to Medicaid funding that would devastate our state's entire healthcare system.   
 
As a Conference, we strongly believe that we can champion New York values while protecting the taxpayer. This budget proposal reflects exactly that as it contains proposals that provide essential funds for New Yorkers healthcare needs and our medical care providers."
 
Health highlights included in the Senate One House Budget proposal:
 
ENSURING SENIORS AND DISABLED NEW YORKERS' ACCESS TO CARE
 
  • Rejects a significant cut to Consumer Directed Personal Assistance Program(CDPAP) and the restructuring of fiscal intermediaries, which will prevent interruptions in care for the disabled New Yorkers, seniors and others in need of home care.
 
PROTECTING CHILDREN'S HEALTH & WELLNESS
 
  • Proposes stronger lead poisoning prevention policies, such as requiring the Commissioner of Health to lower the threshold for elevated blood lead levels from 10 to 5 micro grams immediately and reduce it further within six months of any new federal recommendations. This is a part of Dakota's Law, the lead exposure prevention bill sponsored by Senator Rivera
 
  • Increases the Early Intervention Services rate by 5%, to make sure providers continue to provide vital services which help detect disabilities or developmental delays in children and ensure they receive the treatment they need at the time in their development where it would have the greatest impact.
 
  • Restores $3.8 million for School Based Health Clinics, $1 million for Comprehensive Care Centers for Eating Disorders, and $1 million for Lyme and Tick Borne Diseases.
 
HELPING NEW YORK'S HOSPITALS TO STAY WHOLE
 
  • Rejects reducing the Department of Health's General Public Health Work Reimbursement to New York City from 36 percent to 20 percent, which would negatively impact essential public health programs, such as lead testing, legionnaires prevention, and support for new mothers.
 
  • Rejects cuts to the Indigent Care Pool and reducing the reimbursement amount for voluntary hospitals. Instead, the Senate supported engaging stakeholders to make changes to the Indigent Care Pool that will adequately reimburse hospitals that provide a higher percentage of uncompensated care.
 
  • Opposes the reprogramming of the Healthcare Facility Transformation money that was meant to provide much needed relief to hospitals and nursing homes and increase worker wages. 
 
DOING MORE FOR MOTHERS AND FAMILIES
 
  • Establishes a Maternal Mortality Review Board that preserves the New York City's board as a separate entity, a measure included in a bill sponsored by Senator Rivera.
 
  • Requires insurance companies to provide comprehensive coverage of fertility preservation and in vitro fertilization
 
MORE AFFORDABLE PRESCRIPTIONS
 
  • Reinvests $2 million in Elderly Pharmaceutical Insurance Coverage (EPIC) savings and directs the Department  to increase eligibility and increase awareness through public outreach.
 
  • Regulates Pharmacy Benefit Managers (PBMs) by increasing penalties for violations of law by PBMs, imposing further fiduciary duties upon PBMs, increasing transparency of PBM contracts with regards to conflicts of interest, and prohibiting PBMs from requiring the substitution of a dispensed drug without the approval of the prescriber.
 
ADVANCING TOWARDS TRULY ADEQUATE COVERAGE FOR ALL
 
  • Codifies provisions of the Affordable Care Act and NY State of Health Marketplace into state law to protect New Yorkers from shifts by the federal government.
  • Adds $20 million for services to Safety Net Clinics to provide care to those New Yorker's who are underinsured and uninsured.
EDITOR'S NOTE:
Unfortunately, or maybe fortunately there are three parties to the state budget. The Governor, the State Senate, and the State Assembly. 

While the Governor has proposed his budget, the State Senate has made adjustments to what the Governor has proposed. The State Assembly will make their own adjustments to the Governors budget, and then align with the State Senate to bring the proposed state budget forth. If both houses stay within the total amount of dollars proposed by the governor their is no need to get the governors approval.
 

Wednesday, March 13, 2019

Five Members Of Violent Bronx Gang Charged In Connection With Shooting Of Off-Duty NYPD Officer


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging five members and associates of the “Jack Boyz” street gang with racketeering and firearm offenses in connection with the shooting of an off-duty NYPD officer.  PATRICK AVILA, a/k/a “Pat,” JALEN COLDS, a/k/a “Jay Gunz,” NAZAE BLANCHE, a/k/a “Zae,” and DONNELL JENKINS, a/k/a “Nellz,” were taken into custody this morning and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein later today.  LEON SMALLS, a/k/a “Smoove,” remains at large.  The case is assigned to U.S. District Judge Valerie E. Caproni.

U.S. Attorney Geoffrey S. Berman said:   “As alleged in the indictment, this gang committed a brazen act of violence, and one of New York City’s finest was struck by their gunfire.  Thanks to the extraordinary work of the NYPD, these defendants will now face justice in federal court.”
NYPD Commissioner James P. O’Neill said:  “We stand with our local, state and federal law enforcement partners ready to identify and bring to justice drug dealers and gang members who are at the root of crime and violence in our city.  With these arrests, we continue to make significant progress in our work to make the streets of New York safer for everyone.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The Jack Boyz are a criminal enterprise involved in committing numerous acts of violence, including shootings, in and around the Bronx.  Members and associates of the Jack Boyz engage in violence to retaliate against rival gangs, to promote the standing and reputation of the Jack Boyz, and to protect the gang’s narcotics business.  Members and associates of the Jack Boyz enrich themselves by committing robberies and selling drugs.
On October 30, 2018, AVILA, COLDS, BLANCHE, JENKINS, and SMALLS shot at gang rivals in the vicinity of East 137th Street and Brown Place.  During the course of that shooting, an off-duty NYPD officer was struck in the chest.  
A chart containing the names, charges, and maximum penalties for the defendants are set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD. 
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT CHARGE DEFENDANTS AGES MAX. SENTENCE
1 Attempted murder in aid of racketeering     18 U.S.C. § 1959 PATRICK AVILA JALEN COLDS NAZAE BLANCHE DONNELL JENKINS LEON SMALLS   19 19 19 19 23 20 years in prison
2 Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which firearm was discharged   18 U.S.C. § 924(c)   PATRICK AVILA JALEN COLDS NAZAE BLANCHE DONNELL JENKINS LEON SMALLS     Life in prison   Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.

Bronx Man Charged With Murder


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging JAMAL BRISSETT, a/k/a “Trigger” with murdering Leshaun Gordon, 19, in the Bronx, New York, on June 30, 2009.  BRISSETT was arrested yesterday and is expected to be presented before Chief U.S. Magistrate Judge Gabriel W. Gorenstein in federal court later today.

U.S. Attorney Geoffrey Berman said:  “As alleged, Jamal Brissett killed 19-year-old Leshaun Gordon during a drug deal.  Ten years may have passed, but we have not forgotten.  Thanks to the determination of our partners at HSI and the NYPD, Brissett must now answer for his alleged crimes.”
HSI Special Agent in Charge Angel M. Melendez said:  “In a scheme for revenge, Brissett is alleged to have robbed and shot a man, then later set the car on fire to cover up the crime.  Nearly ten years ago a man was slain on the streets of New York City, but the crime was not forgotten.  No matter how long it takes or how cold the case, HSI and its law enforcement partners will not stop pursuing perpetrators who threaten the safety of this great city.”
Police Commissioner James P. O’Neill said:  “The ability of investigators to achieve justice for this young man and provide a sense of closure to his family is paramount.  The identification and arrest of the suspect in this case was a team effort that resulted from the close partnership that exists between the NYPD and our law-enforcement partners.  I thank and commend the Southern District of New York, and the investigators of HSI and the NYPD whose hard work in the case demonstrate that our efforts remain determined, and precisely-focused.”
According to the allegations in the Indictment unsealed in Manhattan federal court[1]:   
On or about June 30, 2009, BRISSETT shot and killed Gordon in the course of a drug-trafficking crime and a robbery in the vicinity of Mickle Avenue and Chester Street in the Bronx, New York.  BRISSETT then caused the car where the murder occurred to be set on fire in order to destroy evidence of his crime.
BRISSETT, 30, of the Bronx, New York, is charged with one count of using a firearm to commit murder during a crime of violence and a drug-trafficking crime, which carries a maximum penalty of death or life imprisonment, and one count of using arson to obstruct justice, which carries a maximum penalty of 20 years in prison.  The maximum and minimum sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless proved guilty.
 [1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.

Prolific Dark Web Dealer Of Carfentanil And Fentanyl Arrested


Defendant Richard Castro Sold Carfentanil and Fentanyl over the Dark Web, and Defendant Luis Fernandez Shipped these Drugs from New York to their Customers across the United States

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced today that RICHARD CASTRO, a/k/a “Chemsusa,” a/k/a “Chems_usa,” a/k/a “Chemical_usa,” and LUIS FERNANDEZ, have been charged with participating in a conspiracy to distribute carfentanil, fentanyl, and a fentanyl analogue over the “dark web,” including on AlphaBay and Dream Market.  Fentanyl is a synthetic opioid that is significantly stronger than heroin, and carfentanil is a fentanyl analogue that is approximately 100 times stronger than fentanyl.  CASTRO was arrested this morning in Windermere, Florida, and appeared before Magistrate Judge Leslie Hoffman in Orlando.  FERNANDEZ was arrested this morning in the Bronx, New York, and is expected to be presented today before Chief U.S. Magistrate Judge Gabriel W. Gorenstein.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Fentanyl is a chief culprit in the opioid crisis and carfentanil is 100 times stronger than fentanyl.  Carfentanil is intended to be a tranquilizer for large animals.  These were two of the terrifying drugs that Richard Castro and Luis Fernandez allegedly distributed in large quantities, including over the dark web, where they thought they could hide.  I want to thank our partners at the FBI, USPIS, and NYPD for bringing this dark web conspiracy to light.”
FBI Assistant Director William F. Sweeney Jr. said:  “Carfentanil is 10,000 more times potent than morphine.  Nothing that dangerous and potentially lethal should be in the hands of users who don’t know what they’re taking, and don’t realize how quickly it can kill someone.  The FBI New York and our law enforcement partners use sophisticated methods to seek out these secret and well-hidden operations, to stop the deadly epidemic sweeping through our communities and country right now.”
USPIS Inspector-in-Charge Philip R. Bartlett said:  “The defendants allegedly thought they could use the mail to distribute deadly narcotics, specifically carfentanil and fentanyl, for their own profit, without concern for the communities they destroy.  Their customers allegedly placed orders on the Dark Web, and encrypted email.  As alleged, the defendants were counting on the anonymity of the Dark Web to conceal their crimes.  Despite their best attempts at hiding their crimes, today they learned the price for using the mail to ship drugs – JUSTICE and possibly JAIL.”
NYPD Commissioner James P. O’Neill said:  “As long as individuals – wherever they operate – are involved in narcotics trafficking, the NYPD and our partners will relentlessly work to stop the threat to public safety.  Anyone who deals in illegal opioids should understand that the nation’s best investigators will stop at nothing to keep our community safe.  I commend our colleagues at the Southern District of New York, and the investigators of the New York Office of the U.S. Postal Inspection Service, and the Joint Organized Crime Task Force for their work in this investigation.”
According to the allegations contained in the Complaint[1] charging RICHARD CASTRO and LUIS FERNANDEZ:
From at least in or about November 2015 through the present, CASTRO and FERNANDEZ conspired to distribute carfentanil, fentanyl, and phenyl fentanyl (an analogue of fentanyl).  For most of this period, the conspiracy dealt drugs over the dark web, using the monikers “Chemsusa,” “Chems_usa,” and “Chemical_usa.”  CASTRO was an operator of these online monikers and was paid in bitcoin.  On one dark web marketplace, Dream Market, “Chemsusa” boasted that it had completed more than 3200 transactions on other dark web markets, including more than 1,800 on AlphaBay.  The customer feedback for “Chemsusa” included, “Extremely potent and definitely the real Carf,” as well as “The Carfent is unbelievably well synthesized, keep up the amazing work.” 
In June 2018, “Chems_usa” informed its customers that it was moving its business off dark net marketplaces and would accept purchase requests for narcotics only via encrypted email.  To learn the off-market email address, “Chems_usa” required willing customers to pay a fee.  An undercover law enforcement officer paid this fee, obtained the encrypted email address, and placed orders with CASTRO.  CASTRO’s co-conspirator, FERNANDEZ, shipped narcotics on behalf of the conspiracy, including from New York City.  From November 2018 to the present, at least 94 packages have been linked to this conspiracy; several of them have tested positive for carfentanil or fentanyl.  All of these packages were shipped using USPS Priority Mail envelopes, and for most of them, the sender’s purported return address was a law office or a governmental entity.
CASTRO also laundered his narcotics proceeds, including by funneling more than approximately $1.77 million through bitcoin wallets of his, and by buying approximately 100 quadrillion Zimbabwe bank notes, among other valuables, which were shipped to his residence.
RICHARD CASTRO, 36, of Windermere, Florida, and LUIS FERNANDEZ, 41, of the Bronx, New York, are each charged with one count of conspiracy to distribute and possess with the intent to distribute three controlled substances – carfentanil, phenyl fentanyl, and fentanyl – as well as one count of distributing these controlled substances via the Internet.  Each of these counts carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.  CASTRO is also charged with one count of laundering narcotics proceeds, which carries a maximum sentence of 20 years in prison.  The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the FBI, USPIS, and NYPD for their outstanding work on the investigation.  Mr. Berman also thanked the Internal Revenue Service and the Orange County, Florida Sheriff’s Office for their assistance in this investigation.  He added that the investigation is continuing.  
The charges contained in the Complaint 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 Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.

Attorney General James, HCR, And HPD Intervene In Federal Court To Stop Eviction Of NYC Rent-Stabilized Tenants


NY AG, NYS HCR, and NYC HPD seek to join U.S. Bankruptcy Court action to oppose a landlord-initiated motion to push out rent-stabilized tenants 

   Today, Attorney General Letitia James, New York State Division of Housing and Community Renewal (NYSHCR) Commissioner RuthAnne Visnauskas, and New York City Department of Housing Preservation and Development (HPD) Commissioner Maria Torres-Springer announced that the City and State sought to join in an action in the United States Bankruptcy Court for the Southern District of New York on behalf of tenants at 444 East 13th Street in Manhattan. Both the City and State are opposing the building owner’s application to reject tenants’ leases, an application that is a thinly-veiled attempt to flout rent regulation laws and displace tenants.  

“Bankruptcy Court should not be used as a tool to unjustly oust rent-stabilized New Yorkers from their homes,” said Attorney General Letitia James. “In filing this motion, my office is working to ensure that the tenants are not displaced. Housing is a right, and we will continue to use every legal tool available to stand up for tenants and to enforce their rights.”  
“New Yorkers have a right to live in safe homes free from harassment. We are proud to join our partners in standing up for these tenants against a landlord who is trying to take advantage of bankruptcy proceedings to cancel their regulated, affordable leases and dodge State law in the process,” said New York State Homes and Community Renewal Commissioner RuthAnne Visnauskas. “We cannot allow these proceedings to set a precedent that would undermine the rights of millions of New Yorkers.”  
“This administration remains unwavering in its commitment to stop tenant harassment in its tracks, and today we’re letting bad landlords know that we will not tolerate any attempt to displace our city's hard-working families. This alarming and blatant end-run on the protections of our rent stabilization laws will not stand,” said HPD Commissioner Maria Torres-Springer. “I thank the New York State Attorney General and our colleagues at the City and State for standing strong against bad landlords and supporting this city’s tenants.” 
Tenants in the building have been withholding rent for months on the grounds that the landlord has failed to make necessary repairs. The building’s current violations include inadequate heat, broken or defective plumbing, an accumulation of garbage in the hall, and rodents. The building’s owner earlier filed for bankruptcy, and is trying to get the Court to permit it to reject the rent stabilized leases of the tenants. The City and State, in a joint motion, argue that the landlord is seeking to avoid state protections given to rent-stabilized tenants, who have a right to withhold rent if an apartment is uninhabitable.   
The building at 444 East 13th Street contains sixteen residential units, all of which were registered as rent-stabilized as of 2016, the last time the landlord registered rents with HCR. The landlord claims that it should be entitled to reject these tenants’ leases without going through the standard state procedures to address the tenants’ demands, seek rent or resolve these issues. The Attorney General and her partners are concerned that the use of the Bankruptcy Court to bypass state protections for tenants would set a bad precedent and would encourage other landlords to file bankruptcy solely to avoid state law and its protections.  

Attorney General Letitia James Joins Multistate Settlement To Cease Fast Food Usage Of No-Poach Agreements


Dunkin’, Arby’s, Five Guys, and Little Caesars will Drop Provisions that Limit Recruitment and Hiring of Fast Food Workers 

  In a multistate settlement with a coalition of 14 attorneys general, four national fast food franchisors will cease using “no-poach” agreements, which restrict the right of fast food workers to move from one franchise to another within the same restaurant chain.    

The agreements with Dunkin’, Arby’s, Five Guys, and Little Caesars settle an investigation announced by the states in July 2018 over concerns that no-poach agreements hurt low-wage workers by limiting their ability to secure better paying jobs.  
“Whether you’re making pizzas or making cars, everyone has the right to seek better opportunities. No-poach agreements are inherently unfair, and restrict the ability of low wage fast food workers to obtain higher-paying jobs,” said Attorney General Letitia James. “My office will continue to work with other state attorneys general to ensure the workers at other national chains are not unnecessarily barred from opportunities for career and financial growth.” 
Under the terms of the settlements, the franchisors have agreed to stop including no-poach provisions in any of their franchise agreements and to stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. 
The attorneys general began their investigation last July by sending letters to Arby’s, Burger King, Dunkin’ Brands, Five Guys Burgers and Fries, Little Caesars, Panera Bread, Popeyes Louisiana Kitchen and Wendy’s requesting documents, including copies of franchise agreements and communications related to no-poach provisions. The attorneys general alleged that no-poach provisions make it difficult for workers to improve their earning potential by moving from one job to another or seeking a higher-paying job at another franchise location, and that many workers are unaware they are subject to these no-poach provisions.     
Since the investigation began, Wendy’s announced that it will no longer use no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue. 
Today’s coalition is led by Massachusetts Attorney General Maura Healey, and includes state attorneys general from California, District of Columbia, Iowa, Illinois, Maryland, Massachusetts, Minnesota, North Carolina, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Vermont.