News From Assemblyman Jeffrey Dinowitz

LEGISLATURE PASSES BILL TO ESTABLISH SELECTION CRITERIA FOR MTA SUBWAY ACCESSIBILITY IMPROVEMENTS

The fight for subway accessibility has taken one more step forward with the passage of legislation from State Senator Andrew Gounardes and Assemblyman Jeffrey Dinowitz through both chambers this week. The legislation, A8127/S6430, would establish selection criteria for the MTA to use when evaluating which subway stations to prioritize for accessibility improvements.

Under the Fast Forward plan proposed by former NYCT President Andy Byford, the MTA had agreed to make accessibility improvements at 50 stations as part of the 2020-2024 MTA Capital Plan. An economic crisis brought on by COVID-19 has cast doubt on whether the MTA will still go forward with improvements at all 50 stations as they work to bring ADA compliance to all 472 subway stations citywide. Currently, the less than one-quarter of subway stations are fully compliant with ADA requirements.

The bill requires the MTA to fully develop criteria to determine how to best prioritize subway stations for accessibility improvement and to make both the methodology and the finalized criteria publicly available. The minimum selection criteria established by the bill are: citywide geographic coverage, transit transfer options, annual ridership volume, census tract data for senior and disabled populations and percentage of those populations in poverty, residential density of surrounding neighborhoods, and proximity to medical centers, schools, parks, business districts, cultural hubs, and senior centers.

The legislative pair views this bill as a first step towards full subway accessibility throughout the MTA system. This bill includes one element of a comprehensive subway accessibility bill that was unveiled in 2019. In addition to selection criteria, Assemblyman Dinowitz and State Senator Gounardes are working alongside advocates to require the MTA to include accessibility improvements during station closures or renovations longer than six months as well as the codification of accessibility goals established in Fast Forward.

Assemblyman Jeffrey Dinowitz (D - Bronx) said: “The fight for progress is long and arduous, but I am very proud that we have taken one step closer to a fully accessible subway system. It is imperative that the MTA does not just pick subway stations that are easy or convenient in order to hit their target numbers, but instead that they pick stations which will have the biggest benefit for riders with disabilities and other mobility limitations. I am grateful to the hard work of so many advocates who have been fighting this fight for many years, and I look forward to continuing our push for full subway accessibility alongside them and State Senator Gounardes.”

State Senator Andrew Gounardes (D - Brooklyn) said: “We have a long way to go to make our MTA accessible but this is a step forward. Criteria for determining which stations will be made accessible is a hallmark of good governance and makes concrete action more likely. New Yorkers with disabilities cannot wait to have equal access to their public transportation network. Holding the MTA accountable for accessibility is more important than ever because of the current budget gaps. The MTA needs to prioritize, and it must prioritize its riders first.”

LEGISLATURE PASSES NEW CONSUMER PROTECTION TO LIMIT AUTO-RENEWAL CONTRACTS

Consumers are one step closer to having an easier time escaping from predatory promotional deals and notoriously difficult-to-cancel gym memberships with the passage of legislation through the Assembly this week. The legislation (A3173/S1475) was shepherded through the State Senate by State Senator Brad Hoylman in February and then the baton was picked up by Assemblyman Jeffrey Dinowitz in July. It is now waiting to be delivered to the Governor for his approval.

The legislation would require businesses making automatic renewal or continuous service offers to clearly present the terms of the agreement and would prohibit businesses from charging consumers without their affirmative consent.

Furthermore, and of acute interest to people who have experienced the immense difficulty of cancelling a gym membership, the legislation also mandates that consumers are able to terminate an automatic renewal or continuous service agreement online if that is how they originally signed up. Regardless of how the agreement was entered, all businesses would have to provide a cost-effective, timely, and easy-to-use mechanism for cancellation such as a toll-free telephone number or e-mail address.

The bill also includes requirements that any “free” giveaways (goods wares, merchandise, or products sent to a consumer) be considered an unconditional gift with no obligation whatsoever to the consumer, unless the business has obtained the customer’s affirmative consent to enter into an automatic renewal or continuous service agreement.

The Attorney General of New York State would be empowered to seek an injunction for violations and would allow the court to impose civil penalties for violations that were intentional and did not result from a bona fide error.

If signed, New York would join states such as California, Oregon, and Virginia in having comprehensive automatic renewal and continuous service laws. At least 25 states have some form of regulation of this type of contract.

Assemblyman Jeffrey Dinowitz (D - Bronx) said: “As many of us know, it is nearly impossible to escape from some automatic renewal contracts such as gym memberships or predatory bait-and-switch offers. Far too often, consumers are left feeling powerless and taken advantage of, but by establishing the affirmative consent standard in automatic renewal contracts we are restoring power back to the people who worked hard for their money. This legislation makes clear that the consumer has control of how they spend their own money, not the business.  Thank you to State Senator Hoylman for his partnership on this legislation, and I urge the Governor to sign this bill into law when it reaches his desk.”

State Senator Brad Hoylman (D - Manhattan) said: “Exercising in the COVID-19 pandemic is difficult enough – New Yorkers shouldn’t have to jump through hoops simply to quit their gym. Too many gyms, subscription boxes and other companies use misleading offers and promotions to lock unwitting customers into long-term contracts that are ridiculously difficult to get out of. I’m grateful to Leader Andrea-Stewart Cousins, Speaker Carl Heastie, and my Assembly partner Jeffrey Dinowitz for supporting this strong consumer protection legislation that will save New Yorkers money.”

MAYOR DE BLASIO SENDS LETTER OBJECTING TO TRUMP THREAT OF FEDERAL AGENTS

Letter to Attorney General Barr and DHS Secretary Wolf Details City’s Opposition

  Today, Mayor de Blasio sent a letter to US Attorney General Bill Barr and Acting Secretary Wolf responding to recent threats by President Trump to send federal agents to New York City. The letter expresses the City’s unequivocal opposition and objection to the presence of federal law enforcement in New York City.

“We do not consent. We object. Do not send the proposed agents and officers from the Department of Homeland Security or other federal agencies to New York City,” said Mayor Bill de Blasio. “They have not been requested. They are not needed. And they have proved to bring way more harm than good.”

The City is prepared to take all necessary actions to keep New Yorkers safe and protect their rights. Read the letter here.

Governor Cuomo Announces Individuals Traveling to New York From 10 Additional States Will Be Required to Quarantine for 14 Days

Alaska, Delaware, Indiana, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington Meet Metrics to Qualify for Travel Advisory

State Liquor Authority Suspended License of Four Bars and Restaurants Downstate

1.29 Percent of Yesterday's COVID-19 Tests were Positive

2 COVID-19 Deaths in New York State Yesterday - Lowest Since First Fatalities of Pandemic, No Fatalities in New York City

Confirms 855 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 408,181; New Cases in 46 Counties

  Governor Andrew M. Cuomo today announced that 10 additional states meet the metrics to qualify for the travel advisory requiring individuals who have traveled to New York from those states, all of which have significant community spread, to quarantine for 14 days. The newly-added states are Alaska, Delaware, Indiana, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington. The quarantine applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10 percent or higher positivity rate over a 7-day rolling average.

"As infection rates increase in 41 other states, our numbers continue to steadily decline, thanks to the hard work of New Yorkers and our incremental, data-driven opening. Yesterday, we had our lowest death toll since the pandemic began - and with no fatalities in New York City. While today's numbers are encouraging, we must remain vigilant," Governor Cuomo said. "We are adding 10 states to the travel advisory - individuals coming from Alaska, Indiana, Delaware, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington must quarantine for 14 days. The restaurants and bars that encourage young people to congregate threaten to bring us back to the hell we experienced three months ago - yesterday, the State Liquor Authority suspended the liquor licenses of four bars and restaurants. This is a dangerous situation, and the bad operators will make it worse for themselves and everyone, so be smart, wear a mask, stay New York Tough."

The full, updated list of states on the travel advisory is below:

• Alaska
• Alabama
• Arkansas
• Arizona
• California
• Delaware
• Florida
• Georgia
• Iowa
• Idaho
• Indiana
• Kansas
• Louisiana
• Maryland
• Missouri
• Mississippi
• Montana
• North Carolina
• North Dakota
• Nebraska
• New Mexico
• Nevada
• Ohio
• Oklahoma
• South Carolina
• Tennessee
• Texas
• Utah
• Virginia
• Washington
• Wisconsin

Minnesota has been removed from the original list.

The State Liquor authority suspended the liquor license of four bars and restaurants - three in Queens and one in Suffolk County. The list of establishments whose licenses were suspended is below:

• Brik Bar in Astoria
• MIA in Astoria
• Maspeth Pizza in Maspeth
• Secrets Gentlemen's Club in Deer Park on Long Island
• 
  

Since the onset of COVID, SLA has brought 410 charges against establishments for violating the Executive Orders and suspended 27 licenses for violations.

Today's data is summarized briefly below:

• Patient Hospitalization - 724 (+8)
• Patients Newly Admitted - 60 (+2)
• Hospital Counties - 32
• Number ICU - 163 (+5)
• Number ICU with Intubation - 91 (-2)
• Total Discharges - 72,302 (+73)
• Deaths - 2
• Total Deaths - 25,058

MAYOR DE BLASIO AND TASKFORCE ON RACIAL INCLUSION AND EQUITY ANNOUNCE CITYWIDE LANDLORD-TENANT MEDIATION PROJECT FOR HOUSING SECURITY

Mayor Bill de Blasio announced a new program to provide housing security to tenants across the City who may be facing hardship due to the COVID-19 pandemic. Starting immediately, the Citywide Landlord-Tenant Mediation Project will serve hundreds of New Yorkers each month by addressing rent-related issues in a mediation setting, outside of the housing court system, with a focus on hardest hit communities. 

"As the City continues to beat back COVID-19, we must use every tool at our disposal to keep tenants safely in their homes, especially in communities that were already burdened by the affordable housing crisis," said Mayor Bill de Blasio. "This project will ensure that New Yorkers aren't forced from their home during this unprecedented health and economic crisis."

“The COVID-19 pandemic has laid bare institutional and economic inequities that communities of color experience every day, which the City is committed to addressing,” said First Lady Chirlane McCray. “This new program will break down barriers to affordable, stable housing for Black and Brown New Yorkers and help their neighborhoods come back stronger after this crisis.”

Mediation puts decision-making power in the hands of the parties involved, which results in practical solutions for both landlords and tenants. Through this project, non-profit Community Dispute Resolution Centers (CDRCs) will assist tenants and small landlords in finding solutions to rental issues due to the COVID-19 pandemic. The goal is to resolve cases before they reach litigation and avoid the long-term effects of an eviction proceeding which can lead to displacement for vulnerable tenants and limit future housing options. The Mediation Project will handle cases in a setting where both parties feel safe, and priority will be given to tenants and small landlords who do not have legal representation.

The Racial Inclusion & Equity Taskforce brings an equity-based approach to COVID-19 response and recovery efforts. In a survey conducted among community partners in the hardest-hit neighborhoods, nearly all respondents to the Community Voices Survey cited rent burden as a primary issue facing their communities, and many articulated its systemic impacts. Housing solutions like the Mediation Project allow the City to serve as a model for other cities in creating a direct line to a holistic and fair recovery for Black and Brown communities.

The City-Wide Landlord-Tenant Mediation Project will be managed by CDRCs in coordination with Department of Housing Preservation and Development (HPD), the Mayor’s Office to Protect Tenants (MOPT), and the Mayor's Public Engagement Unit (PEU), with support from the Human Resource Administration’s Office of Civil Justice (OCJ). Eligible tenants will be referred to CDRCs in each borough, and each CDRC will manage case intake, provide mediation sessions, and monitor case follow up for tenants. 

“Secure housing has never been more crucial to our health and well-being than now, during this pandemic,” said J. Phillip Thompson, Deputy Mayor for Strategic Policy Initiatives and co-chair of the Taskforce on Racial Inclusion and Equity. “For families in hardest-hit communities struggling to afford rent each month, this new mediation tool will be invaluable in helping them resolve issues with their landlords without the threat of eviction.”

"There is little more fundamental to our everyday lives than our homes, and the disparate economic impact of the COVID-19 pandemic means that many renters find themselves struggling," said Dr. Raul Perea-Henze, Deputy Mayor for Health and Human Services and co-chair of the Taskforce on Racial Inclusion and Equity.  "The Mediation Program allows us to address the concrete reality of landlord/tenant issues in a way that solves problems, rather than creating new ones."

"Access to stable and affordable housing is vital to the long-term recovery of communities most impacted by COVID-19," said Sideya Sherman, Taskforce Executive Director and NYCHA Executive Vice President for Community Engagement & Partnerships. "The Landlord-Tenant Mediation Project offers a safe forum for tenants and landlords to work together towards solutions that avoid eviction and help prevent displacement."

"We are fighting to keep a roof over the heads of all New Yorkers. Mediation is a common sense solution that will help prevent tenants from becoming homeless and help small landlord maintain safe, clean buildings," said Deputy Mayor for Housing and Economic Development Vicki Been. 

  

BOROUGH PRESIDENT DIAZ LAUNCH'S #MEANINGFULMONDAY COMMUNITY SERVICE INITIATIVE

  Monday Bronx Borough President Ruben Diaz Jr. hosted a park clean up to kick off his new #MeaningfulMonday community service initiative at Soundview Park in The Bronx. Each Monday a different Bronx park will be chosen for a #MeaningfulMonday clean up. 

The event aims to promote volunteerism, civic engagement and neighborhood pride among Bronx communities.

Borough President Diaz is partnered with the New York City Parks Department and the Friends of Soundview Park.

Above - It takes a group of volunteers to clean up this area of Soundview Park. One person in the distance looks very familiar. 

Below - You can tell by the shirt he is wearing that it is Bronx Borough President Ruben Diaz Jr. who is picking up the trash in Soundview Park, a park he is so proud to have gotten over six million dollars in improvements while he was a member of the assembly.

MAYOR DE BLASIO ANNOUNCES NYCHA COMMUNITY CENTERS THAT WILL BE RENOVATED AND RE-OPENED USING $22 MILLION IN NYPD CAPITAL FUNDS

  Mayor Bill de Blasio today announced that three NYCHA community centers will be renovated and restored to their communities using $22 million in capital funding that was shifted from the NYPD to NYCHA in the Fiscal Year 2021 Adopted Budget. A fourth center will receive expense funding for programming.  

 “A strong community starts with a safe place to gather,” said Mayor Bill de Blasio. “In June, we committed to reinvesting NYPD funds in youth and social services, and this $22 million in funding is a big step forward for NYCHA families and all New Yorkers.”

As part of the Mayor’s commitment to reinvest $450 million in NYPD capital funds into community centers, the City will use $22 million of NYPD capital funding to renovate and open three NYCHA community centers:

• Monroe – Bronx - 816 Soundview Avenue
• Sheepshead Bay – Brooklyn - 2953 Avenue X
• Wagner – Manhattan – 451 East 120^th Street

A fourth NYCHA community center, Ocean Bay in Queens (339 Beach 54th Street), will receive expense funding for programming provided by the Department of Youth and Community Development.

“Community centers are hubs for meaningful connections, and allow our NYCHA families to safely access important youth and senior services. In reopening these centers, we are ensuring that vital services reach more NYCHA communities, including some that were significantly impacted by COVID-19," said Deputy Mayor Vicki Been.

“Investment in NYCHA community centers is an investment in NYCHA families. We are pleased that these centers will receive the funding they need so that our city agency partners can resume important programs and services for NYCHA youth, and all residents to enjoy,” said NYCHA Chair and CEO Greg Russ.

“Community centers are a backbone of our neighborhoods—providing young people and their families access to vital services and a safe space to keep them engaged. Renovating and re-opening these centers furthers the City’s commitment to support and empower New Yorkers with no-cost, high-quality programs that help our communities thrive,” said DYCD Commissioner Bill Chong.

MAYOR DE BLASIO ANNOUNCES CITY HAS DISTRIBUTED 100 MILLION MEALS TO NEW YORKERS SINCE MARCH, CALLS ON FEDERAL GOVERNMENT TO INCREASE FUNDING FOR FOOD ASSISTANCE

 Mayor de Blasio and Sanitation Commissioner and COVID-19 Food Czar Kathryn Garcia today announced that the City of New York has distributed an astounding 100 million meals to New Yorkers in need since March. The 100 million free meals distributed covers meals at DOE Grab & Go Meal Hubs and those distributed via the Emergency Home Food Delivery Program, which employs Taxi and Limousine Commission-licensed drivers to bring food to New Yorkers who cannot go out or afford private delivery options. This emergency effort by the City of New York exists in addition to the longstanding and continuing work of nonprofits across the five boroughs. New York City remains committed to ensuring no New Yorker goes hungry due to this crisis, and anyone in need can connect to services via 311 or at nyc.gov/getfood.

“No New Yorker should ever go a day without being able to put food on the table,” said Mayor Bill de Blasio. “Since the beginning of the pandemic, we’ve distributed one hundred million meals to New Yorkers in need, and we won’t stop there. The federal government must step up and continue to provide funding so we can continue our mission to ensure no New Yorker goes hungry.”

“One hundred million meals distributed is an incredible achievement, and I want to celebrate every staff member, vendor, and community partner who helped fulfill our City’s fundamental need to eat. I hope the federal government will support us in continuing this effort as long as need among seniors and the most vulnerable New Yorkers persists, whether through reimbursements for food distributed or through new benefits like P-EBT. Any New Yorker in need can call 311 or visit nyc.gov/getfood to get connected to services,” said Kathryn Garcia, Commissioner of the New York City Department of Sanitation and the City’s COVID-19 Food Czar.

New York City is leading a robust outreach effort around a new federal benefit, P-EBT, which will give $420 per child to all public school parents for groceries, regardless of income or immigration status. Many parents who already received SNAP or Medicaid have seen this benefit reach their accounts already, with others expected to receive new cards from New York State later this year. Multilingual flyers about P-EBT can be seen here.

“One hundred million meals means one hundred million times New Yorkers did not go hungry during the health and economic crises caused by COVID-19. I am so proud of the heroic work of our food service employees to keep children, families, and entire communities fed. Staving off hunger is not a privilege, it is a necessity, and the federal government must step up to fully fund our fight to keep our most vulnerable New Yorkers nourished,” said Richard A. Carranza, New York City Schools Chancellor.

“The TLC’s licensed drivers continue to be active partners in our City’s recovery, and in fulfilling the Mayor’s promise that no one will go hungry during this crisis. The importance of federal support for our crucial work cannot be understated,” said Taxi and Limousine Commissioner Aloysee Heredia Jarmoszuk.

“One of our goals as a City was to ensure no one went without access to food during these difficult times, and today’s milestone is a testament to our commitment to helping our fellow New Yorkers. I want thank all of our partners who have made this initiative possible, and as we look ahead, we hope the federal government will support us with the financial resources to continue providing these essential resources to our families who need them most,” said NYC Emergency Management Commissioner Deanne Criswell.

What is the Bronx Board of Elections Hiding? Part 3 - Where Did the Affidavit Ballots Go?

   Friday started the 87th Assembly District, and on Monday the long awaited last 79th A.D. Absentee ballot opening begins. It appears at the start of the opening of the Absentee ballots there was a ruckus by one of the 15th Congressional candidates who has well under one percent of the votes, and no chance of winning. The Bronx Board of Elections has opened the election law book (leaving a copy at the sign in table) to a little used section which says that candidates can not be seated at the tables where the ballots are being opened up, and must be seated behind the so-called media barrier. 

With all the talk of all the Absentee Ballots I didn't hear the other type of ballot that has to be counted after all the Absentee ballots are counted. That ballot being the Affidavit ballots that people whose name was not in the electronic poll book, or who voted at one of the early voting sites that was not their designated early voting site used. I know this number has to also be much larger than normal since the sign in process was different this year, people went to the wrong poll site, and I found that Election Districts that did not get their official ballots until mid-day if they got them at all, where the coordinators were told to use Affidavit ballots instead.

There was a slate of candidates in the 79th A.D. and a slate in the 87th A.D. who were knocked off the ballot by the Board of Elections on a technicality. Those candidates went to court and were placed back on the ballot. The Board of Elections then appealed the judges decision to put the candidates back on the ballot. According to Valarie Vazquez-Diaz of the Board of Elections, because the ballots had to be made up before the appeal was heard the names of the candidates in question were placed on the ballots in case the BOE was not successful in their appeal. I asked Ms. Vazquez-Diaz after saying that I can not recall the BOE appealing a judges decision, since that is up to a candidate to do. She said the BOE has done it before, but could not quote to me when. I then asked her to check with the law department and let me know when the last time was that the BOE appealed a judges decision that placed candidates back on the ballot. That was a week ago, so either Ms. Vazquez-Diaz forgot, or there was no BOE appeal of a judges decision to put candidates back on the ballot.   

As for the 79th Assembly District Absentee ballots, and official Primary Day ballots they contained the names of people who were not suppose to be there. The same was true for the Male District Leader in the 87th A.D. These three district leader positions are now in question, because there were names on the ballot who should not have been, and because of that the election was altered in such a way that a candidate other than the winner may have won, had the ballot been correct. 

Above - The area where Affidavit ballots are kept. Notice the red sign which says Affidavit ballot area, and the views into the area.

Below - Officials from the Bronx Board of Elections have taken down the Affidavit ballot sign, and moved the barriers to cover the entire area blocking any sight into the room where the Affidavit ballots are.

Above - One Bronx Board of Elections employee stands in front of me so I can not take any photos of the room where the Absentee ballots are being scanned.

Below - When he stepped away, I got this photo of the ballot scanning machine, and ballots sitting on the table that were scanned..