Comptroller Stringer Audit Finds NYCHA Wasted Millions on Roof Repairs and Mishandled Roof Maintenance, Putting Residents’ Health at Risk

Visible damage – sagging roofs, pooling water, damaged masonry, and cracked surfaces – found on 88 percent of replacement roofs sampled

NYCHA botched inspections and repairs, ignored warranties in 98 percent of repairs, wasting millions in public funds

In one example, NYCHA wasted $3.7 million by replacing 8 roofs while they were under warranty

19 damaged roofs found in audit could cost New Yorkers $24.6 million

The New York City Housing Authority (NYCHA) wasted millions on roof repairs that should have come at no expense to taxpayers and failed to perform basic oversight and preventive maintenance of roofs, putting the health and safety of thousands of NYCHA residents at risk, according to an audit released today by New York City Comptroller Scott M. Stringer. The Comptroller’s auditors inspected 35 roofs—all replaced since Fiscal Year (FY) 2000 and thus under a 20-year warranty—in 13 different NYCHA developments throughout the five boroughs.  The audit found deficient conditions including roof sag, pooling water, open seams, and damaged masonry on 88 percent of those roofs, while NYCHA’s own inspections—if done at all—largely failed to note any problems at all in part because NYCHA still operates on obsolete, decades’ old rules. Faulty and damaged roofs can put residents in harm’s way and breed conditions ripe for mold and mildew contamination, exacerbating the public health challenges for NYCHA residents.

This audit follows a 2017 audit from Comptroller Stringer’s office in which auditors observed conditions of ponding and standing water, and poor drainage on several newly installed roofs that could jeopardize the integrity of roof systems.

“What a mess. For decades, NYCHA residents have endured leaky ceilings, mold and mildew, and our new audit sheds light on how NYCHA is failing to prevent it. We uncovered that NYCHA’s systemic failure to keep its house in order starts at the top – the roofs that should be keeping residents dry are filled with holes, just like NYCHA’s excuses,” said New York City Comptroller Scott M. Stringer. “NYCHA’s dysfunction risks the health of the residents and costs New York taxpayers millions – yet NYCHA makes no effort to hold private firms accountable to the guarantees we paid for. The hundreds of thousands of New Yorkers who call NYCHA home depend on the agency to do the most basic of tasks and to competently maintain their buildings, but this audit shows that NYCHA isn’t even trying. These are opportunities missed and dollars down the drain. This pattern of ineptitude must end.”

Of the 325 developments NYCHA operates, 304 are at least 30 years old. Roof replacements on NYCHA’s buildings require substantial investments: from FY 2000 through FY 2010, NYCHA spent approximately $452 million to replace 715 roofs—an average of $632,000 per roof.  While NYCHA’s costs should be mitigated through 20-year “no-dollar limit” repair and maintenance warranties, NYCHA’s lack of consistent inspections, appropriate maintenance, and notifications to the private roof companies can void those guarantees.

The audit concluded that NYCHA had failed to implement a systematic program of preventive maintenance and roof-repair by qualified professionals because of ineffective controls at multiple levels of the organization, outdated procedures, broad noncompliance, poor record-keeping, and inattention to roof-warranty administration and enforcement.

Deficient Conditions on NYCHA’s Roofs

NYCHA’s Capital Project Division (CPD) is responsible for the replacement and installation of the Authority’s roofs, ensuring the adequacy of the contractors’ completed work, and securing the warranty. In order to uphold the warranty coverage for roof repairs, NYCHA is then required to complete regular inspections, not less than twice per year, and preventive maintenance.  NYCHA’s own procedures require monthly inspections of all roofs. However, the audit found that due to NYCHA’s reliance on obsolete 30-year old procedures and a systemic lack of oversight, NYCHA failed to report and address deficient conditions that leave a roof susceptible to water intrusion and moisture under the roof membrane—an ideal condition for mold to grow. In particular, Comptroller Stringer’s audit found that:

• Auditors inspected 35 sampled building-roofs located in 13 developments throughout the five boroughs, and found deficiencies across 88 percent of sampled roofs, including significant to moderate deficiencies (ponding water, soft/spongy spots, blisters and cracks, and open seams at base flashing) at over half.
• Ponding and other water penetration was uncovered on 14 roofs.

Polo Grounds Towers

Blisters and soft or spongy roof surfaces were found on 5 roofs.

South Jamaica Houses

Other deficiencies including trash and vegetation were found on 24 roofs.

Williamsburg Houses

Maintenance and Inspection Failures Put $24.6 Million in Jeopardy

Conditions uncovered during the audit should have been identified and addressed through monthly inspections in accordance with NYCHA’s preventive maintenance rules. However, Comptroller Stringer’s audit found:

• Over a quarter of requested monthly inspection reports were missing, and reports that NYCHA could provide auditors were inaccurate.
• NYCHA’s inspection reports rarely noted or detailed unsatisfactory conditions and never recorded follow-up tasks where they were supposed to. In fact, only two reports noted any deficiencies at all and still omitted damage such as roof sag and structural masonry damage observed by Comptroller’s office auditors.
• Based on NYCHA’s reported costs and the total square footage of the 19 roofs with significant to moderate roof damage, the Comptroller’s office estimates that $24.6 million in roof-investment is currently at risk.

NYCHA Failed to Utilize Warranties, Costing Taxpayers $367,000 in Loss of Investment and $3.7 Million for 8 Replacement Roofs

Auditors found that 8 roofs in NYCHA’s South Beach development on Staten Island were replaced 10 years earlier than their 20-year warranted life, costing NYCHA an investment loss of $367,000—one half their installation cost. Although those 8 roofs were covered by warranties for another ten years, NYCHA made no discernible effort to invoke the warranty coverage. Instead NYCHA spent nearly $3.7 million in public funds to replace them – an untimely, unplanned, and likely unnecessary cost that it has not fully explained.

NYCHA Ignored Roof Warranties on Over 98 Percent of its Work Orders for Repairs

In a further in-depth analysis of nearly a decade’s worth of NYCHA’s roof repair work orders, auditors found that NYCHA used its roof-warranty coverage on just 1.3 percent of the roof repairs – instead using public funds in 700 instances. From NYCHA’s available records it appears that NYCHA failed to ensure that the repair work was done in accordance with warranty terms by appropriately trained workers, a lapse that could jeopardize the warranty.

NYCHA Fails to Keep Essential Data Regarding its Roofs

At the 13 developments where auditors inspected 35 roofs:

• Ten of the 13 developments had no copy of the roof warranty—the most basic record.
• None of the 13 developments had a full set of the roof-related records NYCHA needs to meet warranty requirements.
• NYCHA had no record in its Maximo system or at its developments to show that any of the roof manufacturers were notified of any deficiencies on the roofs.

Recommendations for Overhaul

NYCHA’s internal rules governing roof maintenance have not been updated in over 30 years. As part of this, Comptroller Stringer issued a series of recommendations to update, modernize, and overhaul NYCHA’s roof maintenance and repair systems, including:

1. Perform adequate, timely inspections, preventive maintenance, and repairs by appropriate personal to ensure that its roofs are protected by the manufacturer’s warranty coverage and can be kept in service throughout their expected useful life.
2. Investigate prolonged ponding conditions auditors observed on 14 building roofs to determine long-term damage.
3. Develop a comprehensive policy and procedures manual covering roof inspection, maintenance, repairs, and the preservation and use of warranty coverage.
4. Update and modernize standard procures that touch upon roof inspection, maintenance, repair, and warranty administration to reflect the organization’s current operational structure and processes.
5. Use NYCHA’s IT systems to properly record, administer, and enforce its roof warranties and associated work.

To read Comptroller Stringer’s audit, click here.

Bronx Man Arrested For Attempting To Provide Material Support For Terrorism

Delowar Mohammed Hossain Was Arrested at John F. Kennedy International Airport While Allegedly Attempting to Travel Overseas to Join the Taliban in Order to Kill Americans

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, Assistant Attorney General for National Security, Michael McGarrity, Assistant Director of the FBI’s Counterterrorism Division, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that DELOWAR MOHAMMED HOSSAIN was arrested at John F. Kennedy International Airport (“JFK Airport”) in Queens, New York.  HOSSAIN was charged in a criminal Complaint today with attempting to provide material support for acts of terrorism, specifically in support of killing U.S. nationals located overseas.  HOSSAIN was presented before Magistrate Judge Stewart D. Aaron in Manhattan federal court.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, Delowar Hossain plotted to travel to Afghanistan to join the Taliban, specifically so he could commit acts of terrorism.  Hossain allegedly wanted to kill Americans, and particularly wanted to target members of our armed forces serving our nation overseas.  The excellent work of the FBI and NYPD stopped Hossain’s alleged deadly plan to join the Taliban before he took flight, and he now faces federal terrorism charges.”

Assistant Attorney General John C. Demers said:  “As alleged, Hossain planned to travel overseas and join the Taliban in order to kill American soldiers.  The threat of terrorism at home and abroad remains, and the National Security Division is committed to preventing individuals from carrying out deadly plans such as this.  I want to thank the agents, analysts, and prosecutors who are responsible for this case.”

FBI Assistant Director of Counterterrorism Michael McGarrity said:  “The criminal complaint in this case reveals Delowar Hossain had a despicable goal.  He wanted to make his way to Afghanistan, join up with Taliban forces, and kill Americans.  But he failed because members of the FBI's Joint Terrorism Task Force interrupted his plans.  The FBI is committed to working with our law enforcement partners to stop those who want to commit acts of terrorism here in the U.S. or overseas.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “The lure of radical ideologies comes from many sources, and just because the Taliban may seem like an old and out of vogue extremist group, it shouldn't be underestimated.  The FBI New York Joint Terrorism Task Force stopped Mr. Hossain from traveling overseas to allegedly support a deadly organization, and kept him from his alleged plan to kill innocent people.”

NYPD Commissioner James P. O’Neill said:  “As we continue to see time and again, attempting to support terrorist attacks will lead to arrest.  I commend the dedication of the NYPD detectives and FBI agents who, through the Joint Terrorism Task Force, remain relentless in their focus to keep New York City and our nation safe.”

As alleged in the criminal Complaint,[1] filed today in Manhattan federal court:

Beginning in the fall of 2018, HOSSAIN expressed his desire to join the Taliban and fight against American forces.  Over the months that followed, HOSSAIN attempted to recruit a confidential source of the FBI (“CS-1”) to travel with HOSSAIN from the United States to Pakistan, and then to cross the border into Afghanistan to join the Taliban.  HOSSAIN told CS-1 that his purpose was to “fight the American government from there . . . combined with the Taliban,” and that “I want to kill some kufars [non-believers] before I die.”  HOSSAIN described to CS-1 steps he had taken to prevent detection of his plan, such as planning to reach Pakistan by first flying to Thailand, which HOSSAIN believed would conceal his ultimate goal of joining the Taliban.  At the same time, HOSSAIN made preparations to fight in Afghanistan, including buying equipment such as walkie-talkies and trekking gear and instructing CS-1 to save money “to buy weapons” after reaching Afghanistan. 

HOSSAIN purchased an airline ticket for a flight scheduled to depart on July 26, 2019, from JFK Airport, to Thailand, for the first leg of the route to Afghanistan that HOSSAIN had described to CS-1.  On July 26, HOSSAIN traveled to JFK Airport, where the FBI arrested him after he attempted to board that flight.

HOSSAIN, 33, of the Bronx, New York, is charged with one count of attempting to provide material support for terrorism, which carries a maximum sentence of 15 years in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Berman and Assistant Attorney General John Demers praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which consists principally of agents from the FBI and detectives from the NYPD.  

The charges contained in the Complaint are merely accusations, and the defendant is 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 herein are only allegations, and every fact described should be treated as an allegation.

President Of Labor Union Arrested For Demanding And Accepting Bribes

Defendant Glenn Blicht Demanded, and Accepted, At Least $150,000 in Bribes from an Employer in Exchange for Not Vigorously Representing Union Members’ Interests

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Michael C. Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General (“DOL-OIG”), Darren Cohen, New York Regional Director, U.S. Department of Labor Employee Benefits Security Administration (“DOL-EBSA”), and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that GLENN BLICHT, who currently serves as the president of a labor union (the “Union”), was arrested today for honest services fraud and a violation of the Taft-Hartley Act for demanding and accepting at least $150,000 in bribe payments from an employer (the “Employer”).  BLICHT will be presented today before U.S. Magistrate Judge Stewart D. Aaron. 

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Glenn Blicht abused his position as the president of a labor union to line his own pockets.  He allegedly demanded and received bribes and, in return, he did not fight for his union members – the hard-working individuals whose interests he was duty-bound to protect.  Together with our law enforcement partners, this Office is committed to rooting out corruption in union leadership.”

DOL-OIG New York Region Special Agent-in-Charge Michael C. Mikulka said:  “Labor racketeering investigations that involve bribing union officials are an important part of the U.S. Department of Labor Office of Inspector General’s mission.  We will continue to work with our law enforcement partners to vigorously investigate all types of labor racketeering allegations.”

FBI Assistant Director-in-Charge William F. Sweeney Jr. said:  “Criminals are asked to do things all the time for money, but sometimes they’re asked not to do things for money.  Glenn Blicht was supposed to be representing the best interests of hundreds of people who had faith in the fact that he was helping them, but he allegedly decided to help himself to bribes the other side was offering him.  It’s often hard to see what’s actually going on just under the surface, but as the FBI, we have the ability to dig into criminal behavior and expose fraudsters for what they truly are.”    

According to the allegations contained in the Complaint against GLENN BLICHT[1]:

From 2009 through the present, BLICHT served as an officer of the Union, including as its president for many years.  In that role, BLICHT had a duty to act in the best interests of the Union and its members, including by avoiding personal financial conflicts of interest with the Union.  Nevertheless, BLICHT demanded and received cash payments from the Employer, which employed a number of members of the Union.  In exchange for these bribes, BLICHT declined to file arbitration claims on behalf of Union members.  In total, BLICHT received at least approximately $150,000 in bribes from the Employer over approximately 10 years. 

In communications, a number of which were recorded, BLICHT repeatedly referred to the bribe payments as “tickets,” in which each ticket equaled a $1,000 bribe.  BLICHT instructed an official of the Employer (the “Official”) as to the number of “tickets” to pay BLICHT each time.  Indeed, during the past year, the Official met with BLICHT several times and paid him bribes on approximately three occasions, at the direction of law enforcement.  Each of these meetings was recorded.

BLICHT, 57, of Wilton, Connecticut, is charged with one count of honest services fraud, which carries a maximum sentence of 20 years in prison, and one count of demanding or receiving prohibited payments as a labor union official, which carries a maximum sentence of five years in prison.  The statutory maximum sentences 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 Internal Revenue Service-Criminal Investigation Division, DOL-OIG, IRS-CI, FBI, and DOL-EBSA for their outstanding work on the investigation.  He added that the investigation is continuing.  

The charges contained in the Complaint are merely accusations, and the defendant is 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.

Friends of Pelham Parkway Do Plantings on the Parkway

  Even with construction of the Pelham Parkway roadway almost all around them, The Friends of Pelham Parkway led by Ms. Roxanne Delgado added a little beauty to the area by planting new flowers. About twenty-five people and one very large puppy gathered to do the plantings which added to the landscape of Pelham Parkway.

Above - Flowers were lined up as to where they were to be planted.

Below - The Volunteers hit the dirt.

Above - Volunteers get to work planting in the garden.

Below - This beautiful plant is the centerpiece of the garden.

Above - As the plantings wind down, you can see how much better this area of Pelham Parkway looks.

Below - Those who stayed until the end are pictured here, along with Kaizer and her nine month old puppy Nola. A job well done by all.

ABRAZO DOMINICANO IN NEW YORK

 

  It was the usual standing room only crowd for Friday Night's Abrazo Dominicano hosted by City Councilman Ruben Diaz Sr., Councilman Rafael Salamanca, 79th Assembly District candidate George Alvarez, and Hector Diaz President Alltown Car Service.  The honorees were Lic. Pedro Joaquin Aguiar, Anthony Perez, Damian Rodriguez, and Dr. Fernando Taveras.

Above - (L -R) Hector Diaz, Councilman Ruben Diaz Sr,. George Alvarez, Councilman Rafael Salamanca

Below - Ms. Evelyn Pichardo sings the national anthem.

Above - Councilman Ruben Diaz Sr. honors Lic. Pedro Joaquin Aguiar. Each Honoree received Proclamations from both city council members, citations from an assembly member and a Leadership Medal from 87th Assembly District Leader John Perez.

Below - Councilman Rafael Salamanca honors Mr. Anthony Perez. 

Above - Activist George Alvarez honors Mr. Damian Rodriguez.

Below - Businessman Hector Diaz honors Dr. Fernando Taveras.

Above - Entertainment included a dancer coming out in in an illuminated outfit.

Below - When the lights went out, the dress came off to reveal an egyptian dancer with two other dancers.

Above - 79th A.D. Assembly candidate George Alvarez was in a great mood as there was a possible challenger in the 79th A.D. race in the room trying to gain recognition from Alvarez's event.

Below - Mr. Dion Powell stands with 79th A.D. candidate George Alvarez who is holding candidate Alvarez's palm card for next years 79th Assembly race. 

Attorney General James Secures More Than $215,000 For Consumers After Car Dealerships Illegally Overcharged For Bogus Anti-Theft Product

Victory Mitsubishi of Larchmont and Victory Suzuki of The Bronx Pay More Than $305,000 in Penalties and Restitution to Consumers for Engaging in Deceptive Business Practices

  Attorney General Letitia James announced that restitution payments were mailed to over 400 consumers who were sold a bogus anti-theft window etch product for their automobile without their knowledge or consent. Consumers were charged as much as $4,000 extra for these fraudulent anti-theft products. The award is the result of a Stipulation of Settlement and Order of Damages, stemming from a lawsuit won by the Attorney General’s Office against Victory Motors, LLC (d/b/a/ Victory Mitsubishi of Larchmont) and Victory Auto Group, LLC (d/b/a Victory Suzuki of The Bronx) for engaging in persistent fraudulent, deceptive, and illegal business practices in the sale of a passive security system.

“We are returning money to New Yorkers that was stolen from them,” said Attorney General Letitia James. “These car dealerships ripped off consumers by charging for unwanted, secretive, last-minute add-ons. My office will continue to protect New York’s consumers and ensure that all car dealerships throughout the state comply with the law.” 

The Attorney General’s Office filed a lawsuit in December 2017, alleging that Victory Motors, LLC, which closed in 2018, and Victory Auto Group, LLC, charged many consumers for an unwanted and fraudulent anti-theft product that cost up to $4,000 per vehicle. Known as an “after-sale” product, this item was often added onto the final cost of the vehicle without the consumer’s knowledge or consent – after the consumer had agreed upon the purchase price of a vehicle but before the sale transaction was finalized. The court, finding the above-named dealerships liable of engaging in deceptive business practices and repeated and persistent fraud, permanently enjoined Victory Motors, LLC, and Victory Auto Group, LLC, from engaging in persistent fraudulent, deceptive, and illegal business practices in the sale of a passive security system. The court ordered a Stipulation of Settlement directing the dealerships to pay a total of $305,850 in damages, which includes restitution to the victims of the fraud. Consumers were charged amounts ranging from $129 to $3,998 for the bogus anti-theft product. In many instances, the two Victory dealerships added this fee onto the final sales price without the knowledge or consent of the consumers. As a result, the final price paid by the consumers was inflated by the amount charged for the after-sale product.

The two Victory dealerships also failed to clearly disclose the nature of the after-sale product to their customers. The “Vehicle Replacement Discount Allowance,” also known as the “Etch Guarantee,” is supposed to include a permanent etch or engraving of the vehicle’s VIN on the windows of the vehicle – supposedly to deter theft. However, in many instances, the Victory dealerships did not actually etch the VIN onto the windows of the vehicles.

Since 2015, the Attorney General's Office has obtained approximately $19 million in restitution and penalties from auto dealers; nearly 29,000 consumers have been eligible for restitution under these settlements. This case is part of the Attorney General’s wider initiative to end the auto dealer practice of “jamming,” or unlawfully charging consumers for products and services without their knowledge or consent. 

The case was handled by Assistant Attorney General Sandra Giorno-Tocco, with the assistance of Investigators Peter Schottenfeld, Michael Christian, and Ralph Dorismond, and Senior Consumer Frauds Representative John Katzenstein, under the supervision of Gary Brown, Assistant Attorney General-in-Charge of the Westchester Regional Office and Jill Faber, Deputy Attorney General for Regional Affairs.

Attorney General James Takes Action Against Chelsea Kennel Club For Selling Sick And Injured Puppies To New Yorkers

Pet Store Lied to Consumers About Dogs’ Conditions; Withheld Pet Medical Files 

  Attorney General Letitia James announced a lawsuit against the pet store Chelsea Kennel Club, its manager Yardena Derraugh (a/k/a Yardena Rich, Dana Rich) and William Derraugh, the president of Future Enterprises NYC, Inc. for allegedly selling sick, injured, and abused animals to consumers; withholding pertinent medical information about the puppies; and illegally selling animals obtained through unauthorized breeders. They are also accused of false advertising, engaging in veterinary practice without a license, failing to abide by New York City’s Pet Lemon Law, and treating animals inhumanely.

“It is not only shameful, but illegal to sell sick and injured pets, let alone abuse these animals,” said Attorney General Letitia James. “My office will continue to investigate and prosecute businesses and individuals that mistreat animals and swindle New Yorkers.”

Attorney General James’ office collaborated with the Humane Society of the United States (HSUS) in conducting the investigation. An HSUS staff member secured employment at Chelsea Kennel Club and, as part of an undercover investigation, obtained evidence of unacceptable conditions and routine withholding of medical information concerning the sick animals, details that supported the Attorney General’s allegations.

“When we filed a complaint with the New York Attorney General’s office based on our undercover investigation of Chelsea Kennel Club, we were confident that it would be taken seriously,” said Kitty Block, president and CEO, HSUS. “No puppy should be forced to endure the type of treatment we documented at Chelsea Kennel Club. We appreciate the effort of the Attorney General’s office in securing justice for these animals and New York consumers.”

The Attorney General’s lawsuit seeks a court order forbidding Future Enterprises NYC, Inc., Chelsea Kennel Club, Yardena Derraugh and William Derraugh from engaging in fraudulent and deceptive conducts, restitution for consumers, and over $70,000 in fines and penalties.

On its website, Chelsea Kennel Club described its business as a “progressive, caring, and ethical pet store.” Meanwhile, their actions were deceptive, illegal, and inhumane.  A veterinarian usually examined the puppies after they arrived at Chelsea Kennel Club. However, the store withheld veterinarians’ preliminary examination reports that in some cases documented serious health issues with the animals. As a result, consumers were either unaware of illnesses, or were misled regarding the health condition of their pets. Many never discovered their animal’s medical issues until after they took their pets home. In one instance, a consumer had his puppy just six days before it died in an animal hospital. 

When consumers demanded their money back, Chelsea Kennel Club denied their requests—violating the terms of the Chelsea Kennel Club Consumer Protection Plan, as well as New York’s Pet Lemon Law, which ensures the good health of cats and dogs sold in the state. Under this law, pet dealers must issue a refund, reimburse veterinary expenses, or replace the animal. To qualify for a refund or a replacement animal, a consumer must obtain a veterinary certification showing that the animal was unfit for sale within fourteen business days of the purchase. Yet, in many of these cases, Chelsea Kennel Club simply refused to comply with this law.

The pet store proprietors’ fraudulent and illegal conduct resulted in consumers unknowingly purchasing sick puppies that required subsequent veterinarian treatment or hospitalization at significant cost. Staff members also provided prescription drugs to puppies without consulting with a veterinarian. Yardena Derraugh regularly instructed her employees to administer unhealthy doses of prescription medications to puppies at the store. In some cases, the medicines used were expired, making the animals even sicker.  

Chelsea Kennel Club staff also treated the puppies in inhumane manners, putting dogs that barked in a submissive position until they began to whimper or whipping them when they refused to keep quiet.  

According to some evidence, some of the puppies came from Class B dealers, violating Section 17-702(b) of the New York City Administrative Code. This prohibits pet stores from selling, offering for sale, or even displaying dogs purchased from Class B dealers.   

Attorney General James Announces Equifax Breach Website Now Accepting Consumer Claims

Attorney General James Announces Equifax Breach Website

Now Accepting Consumer Claims

Consumers Can Check if Personal Information Was Breached,

Sign Up for Credit Monitoring and Restoration,

and Apply for Restitution Directly on Site 

Third Party Administrator — Not Equifax — is Operating Website

  Attorney General Letitia James announced that consumers can now visit a new website — www.EquifaxBreachSettlement.com — and input limited information to see if their personal information was compromised in Equifax’s massive breach of 2017 that ultimately affected more than 147 million consumers. The site not only has information about the breach and the settlement reached, but also allows consumers to check if they were victims of the breach, file claims for financial restitution, set up credit monitoring and restoration services, and check on the status of all these services.

“For two years, nearly half the U.S. population has wondered if their personal information was compromised because of Equifax’s irresponsible and negligent behavior,” said Attorney General James. “Today, we can finally provide every American with clarity and undoubtedly tell them whether their information was stolen or not. I urge all to visit www.EquifaxBreachSettlement.com and check to see if their data was illegally breached, and if so, file a claim for restitution. Consumers will need to deal with the fallout of this breach for years to come, and this website is just the first step in helping provide consumers with the tools to recover.”

On July 22, Attorney General James announced a multistate settlement with Equifax following their 2017 breach that compromised Social Security numbers, names, dates of birth, addresses, credit card numbers, and, in some cases, driver’s license numbers of nearly half the U.S. population. While the company created a website, in 2017, for Americans to check and see if their personal information was breached, that website was riddled with vague and inaccurate information that only provided consumers with more uncertainty and no clear answer as to whether they were impacted by the breach or not.

Now that the settlement has been provisionally approved by the court, www.EquifaxBreachSettlement.com has been updated so that consumers can easily input their last name and the last six digits of their Social Security Number to find out if their information was breached. A third party administrator — not Equifax — is overseeing this new website.

If consumers find out they were victims of the breach, restitution can be provided in a multitude of ways.

Consumer Restitution Fund

A single Consumer Restitution Fund of up to $425 million — $300 million of which will initially be dedicated to compensation, with an additional $125 million available if initial funds are depleted — will be provided to victims.

Consumers can claim up to $20,000 to compensate for money lost due to identity theft or fraud. Consumers who are eligible for redress will be required to submit claims showing they have been a victim of fraud or have taken proactive steps to set up credit monitoring services by submitting documents online or by mail. 

Consumers, however, do not have to prove direct causality from the breach to identity theft. As long as an individual was a victim of the breach and a victim of identity theft in the two years since the breach, they can apply for restitution. Consumers can also be compensated for the time spent dealing with identity theft — at the rate of $25 per hour, for up to 20 hours.

In addition to filing claims online, consumers can also call 1-833-759-2982 to request a paper application be sent to them by postal mail.

Credit Monitoring and Restoration

Equifax has agreed to offer consumers, who had their data exposed, with free credit-monitoring services for up to 10 years. Consumers that take part in the service will have up to $1 million of identity theft insurance available — at no deductible — to cover identity recovery expenses and legal costs. The first four years of credit-monitoring service will include monitoring by all three of the big three credit reporting agencies, while years five through 10 will be made available through Equifax.

Additionally, Equifax has agreed to take several steps to assist consumers who are either facing identity theft issues or who have already had their identities stolen. These steps include making it easier for consumers to freeze and thaw their credit, and dispute inaccurate information in credit reports, as well as maintain sufficient staff to assist consumers who may be victims of identity theft.

Additional Pieces of the Settlement

Under the settlement, Equifax has also agreed to pay $175 million in fines to the Attorneys General of 48 states, the District of Columbia, and the Commonwealth of Puerto Rico; $100 million in fines to the Consumer Financial Protection Bureau (CFPB); and $10 million in fines to New York State’s Department of Financial Services.

Equifax has also had to spend hundreds of millions of dollars to strengthen its security practices as part of the settlement, and will continue to do so going forward. The company has agreed to regular third-party assessments to evaluate whether it’s administrative, technical, and physical safeguards meet the requirements provided in the agreement. 

More information on the settlement can be found in the initial settlement announcement made on July 22, 2019.