MAYOR DE BLASIO AND HPD COMMISSIONER BEEN: “HEAT SEASON” NOW IN EFFECT FOR ALL APARTMENTS

As New York’s “heat season” begins, the City reminds tenants of their rights and to call 311, visit 311 online or use 311 Mobile to register all heat and hot water complaints

   Mayor Bill de Blasio and Department of Housing Preservation and Development (HPD) Commissioner Vicki Been remind residential building owners of their legal obligation to provide tenants with hot water year-round and heat when the outdoor temperature falls below 55 degrees during the day and below 40 degrees at night during the “heat season.”

The 2016-2017 “heat season” began on Saturday, October 1, and continues through May 31, 2017.

“Heat and hot water are a necessity not a luxury – and landlords are required by law to provide both. Property owners who fail to provide these basics put New York families in harm’s way,” said Mayor Bill de Blasio. “I urge anyone who is suffering in the cold or without hot water to call or log into 311.”

“By law, building owners must provide tenants heat and hot water during the cold winter months. It is important for tenants to know their rights and report any problems to HPD through NYC 311,” said HPD Commissioner Vicki Been. “While most landlords uphold the law and follow the City’s housing codes, those who don’t will be held accountable as HPD will use all of its enforcement tools to ensure tenants’ rights and safety.” 

The law requires that from October 1 to May 31:

• Between 6:00 A.M. and 10:00 P.M., inside temperatures are maintained at a minimum of 68 degrees Fahrenheit when the outdoor temperature falls below 55 degrees.

• Between 10:00 P.M. and 6:00 A.M., indoor temperatures must be maintained at a minimum of 55 degrees when the outside temperature falls below 40 degrees.

It is legally required that hot water is maintained at 120 degrees year-round.

Information for tenants:

If an apartment lacks appropriate heat, a tenant should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should register an official complaint via 311. Tenants can call 311, the City’s central 24-hours-per-day, seven-days-a-week information and complaint line or file complaints via 311 online atwww.nyc.gov/311. Hearing-impaired tenants can register complaints via a Touchtone Device for the Deaf TDD at (212) 504-4115.

Tenants can now also file heat and hot water complaints easily from their Android or iPhone using 311MOBILE. Once the 311 mobile app is downloaded, the tenant simply opens the app and selects “Make a Complaint” from the main menu. Tenants can then select “Heat or Hot Water” from the complaint menu.  The app will identify the customer’s location and list the address as the complaint location. Once the customer confirms the address, he or she may select the type of condition – i.e. no heat, no hot water or both – and indicate if one unit or the whole building is affected. 

Another resource is the Home Energy Assistance Program (HEAP), which helps low-income homeowners and renters pay for utility and heating bills. If a tenant or homeowner has received an electric, gas or heating disconnect notice, he or she can apply for emergency financial assistance. Tenants and homeowners may also qualify for assistance if they have a low supply of heating fuel or a broken boiler or furnace.  HEAP is a seasonal program.  Applications for the 2016-2017 season are expected to be available in mid-November.

The Tenant Support Unit's team of specialists knocked on 53,471 doors from Oct 1, 2015 – May 31, 2016.

                                                                                                                                                                                          

Besides 311, the City's Tenant Support Unit proactively conducts outreach in buildings across the city and connects tenants whose landlords are not providing heat and hot water with legal services and registers complaints with 311, so HPDs team of inspectors can take appropriate action.

How the system works:

When the complaint is received, HPD attempts to contact the building's owner or managing agent to have heat or hot water service restored. The purpose of this call is to encourage the owner to restore heat and hot water as quickly as possible.  HPD will then call the tenant back to determine if service has been restored. If the tenant indicates that service has not been restored, an HPD code inspector is sent to the building to verify the complaint and, if it is warranted, will issue a violation.

If HPD receives multiple heat complaints from the same building, the inspector will attempt to inspect the first apartment that calls in a complaint. If the inspector observes that heat is not adequate in that apartment, a violation will be issued for the building. Inspectors will not attempt to inspect every apartment in the building that called in a duplicate heat complaint. If the inspector cannot access the first apartment, inspections are attempted at other apartments that registered duplicate complaints. If inspectors cannot access any apartments that registered complaint, they will also knock on doors of apartments that did not call in heat complaints to request access to perform a heat inspection.

HPD’s team of inspectors work in shifts and are situated in offices across the five boroughs to provide coverage 24 hours a day, 365 days a year. If the city experiences a significant weather event such as prolonged periods of below-freezing temperatures, the agency will deploy additional inspectors and maintenance staff, sometimes doubling the normal number of inspectors on duty to help respond to complaints and emergencies.

If a violation is issued for lack of heat, it is an owner’s responsibility to comply with the violation and restore heat and hot water service.  There are four potential outcomes for a property that receives a violation:

Emergency Repair: In cases where private owners fail to restore heat and hot water, or when HPD is unable to reach owners, HPD's Emergency Repair Program (ERP) may use private contractors to make the necessary repairs to restore essential services. The cost of the emergency repairs, plus administrative fees, is billed to the owner and becomes a tax lien on the property if not paid.

The City's ERP is by far the most extensive in the nation, spending more than $3.7 million to ensure heat and hot water during Fiscal Year 2016, which includes $2.7 million spent within the 2015-2016 “heat season” in over 1,200 buildings.

Civil penalties: HPD’s Housing Litigation Division (HLD) also initiates legal action against properties that are issued heat violations. HLD filed more than 3,151 cases in the 2015-2016 “heat season” and has already recouped more than $1,691,617 in civil penalties related to those cases.

• Property owners are subject to civil penalties for heat and hot water violations that range from $250 to a maximum of $500 per day for a first violation including the date that the violation is posted.

Subsequent violations at the same location, within the same calendar year, are subject to penalties ranging from $500 to $1000 per day.

• For property owners receiving a heat violation for the first time since October 1, 2015, there is an option to pay a settlement fee of $250 in lieu of the civil penalty if the heat or hot water is restored immediately (the fee is $500 if violations were issued for both conditions). 

Almost half of the heat violations issued last “heat season” were issued to properties which had no heat violations within the same or previous “heat season.”  Paying this fee will satisfy the civil penalty without the landlord having to appear in Housing Court.

Inspection fees: HPD imposes a fee of $200 per inspection if it has to perform three or more inspections at the same location, within the same “heat season” for heat violations or calendar year for hot water violations. Failure to pay will result in the City filing a tax lien against the property.

During the 2015-2016 “heat season,” HPD billed for $148,800 in inspection fees. 

Enhanced enforcement: HPD monitors buildings that repeatedly fail to provide heat and hot water.  During the 2015-2016 “heat season,” HPD’s Division of Neighborhood Preservation surveyed almost a hundred buildings, and referred half of those properties for additional enforcement action, which may result in inspections, fees and litigation.

For more information visit the Heat and Hot Water link on HPD website at:  www.nyc.gov/hpd

During the 2015/2016 “heat season” (October 1, 2015 – May 31, 2016):

• 200,199 total heat and hot water problems were reported to the City through 311 (this number includes duplicate calls), a decrease of 14 percent as compared to the previous “heat season.”
  • 104,254 unique heat and hot water problems were reported (this number does not include duplicate calls).

• HPD inspectors attempted 117,767 heat-related inspections (this number includes multiple inspection attempts in response to a complaint).

• HPD inspectors wrote 7,548 heat-related violations, a 22 percent decrease as compared to the previous “heat season.”

• HPD completed a total of $2.7 million in heat-related emergency repairs 
  (charged to building owners).

• HPD filed 3,151 heat cases in court and collected $1,691,617 in civil penalties against 3126 properties.                     

Top Community Board In Each Borough for Primary Heat/Hot Water Complaints

Manhattan

• CB 12:  13,592 complaints logged (peak month – January 2016: 3,001 complaints)

Bronx

• CB 7: 11,298 complaints logged (peak month – January 2016: 2,766 complaints)

Brooklyn

• CB 17:  7,210 complaints logged (peak month – January 2016: 1,969 complaints)

Queens

• CB 4:  4,334 complaints logged (peak month – January 2016: 1,006 complaints)

Staten Island

• CB 1:  1,502 complaints logged (peak month – January 2016: 386 complaints)

Information on “heat season” is also available on the HPD website atwww.nyc.gov/hpd.

HPD also works with building owners who want to improve the management of their buildings or need assistance with improving their heating systems. Through the Green Housing Preservation Program (GHPP), owners of small- and mid-size buildings can seek low- or no-interest loans to finance energy efficiency and water conservation improvements along with moderate rehabilitation work. Building owners and managers can access HPD’s e-learning course online atwww.nyc.gov/hpd to learn about heat and hot water regulations, HPD’s processes and heating system maintenance.

COMPTROLLER STRINGER ANNOUNCES FOLLOW-UP INVESTIGATION OF ADMINISTRATION FOR CHILDREN’S SERVICES

Comptroller’s Research and Investigations Unit will lead probe 

Inquiry into ACS’ investigations of child abuse comes in response to Zymere Perkins’ death

New York City Comptroller Scott M. Stringer announced that the Research and Investigations Unit of his Audit Bureau will lead a new probe into the City’s Administration for Children’s Services. The Comptroller’s investigators will follow-up on a June 2016 audit, which found the agency conducted shoddy, inconsistent, and incomplete investigations into child abuse. The inquiry will explore whether ACS has acted on any of the key reforms they committed to in June.

Comptroller Stringer’s announcement comes in response to Zymere Perkins’ death earlier this week. Zymere, a six year-old from Harlem, died Monday – and according to media reports, his family had been the focus of a number investigations by City agencies, including ACS.

“This week, our City tragically lost another child – months after ACS pledged to enact critical reforms. This death highlights the precarious situation at this agency, and underscores the need for immediate improvements,” New York City Comptroller Scott M. Stringer said. “The bottom line of this investigation is simple – ACS made promises, and New Yorkers deserve to know if they’ve made progress. With children’s lives on the line, we cannot wait another day for this agency to make fundamental reforms.”

The investigation will focus on whether ACS followed recommendations made in the June 2016 audit, including that ACS:

• Ensure managers and supervisors complete case reviews and conduct them on time, so that children aren’t left in dangerous situations;
• Make sure that case workers perform all key steps of an investigation in response to allegations of abuse – including domestic violence screenings; and

• Clearly distribute uniform policies and procedures to all staff in a timely manner.

“Since 2005, thirty children have died on ACS’ watch, and this week Zymere Perkins’ name joined ones like Nixzmary Brown, Marchella Pierce, and Michael Segarra,” Comptroller Stringer said. “This new probe will once again shine a light on an agency that has for too long operated in the shadows and left our children vulnerable to abuse.”

THERE WERE IMPORTANT VICTORIES FOR BRONX COUNTY IN SEPTEMBER’S DEMOCRATIC PRIMARIES

WHAT YOU SHOULD KNOW
By Senator Rev. Rubén Díaz
District 32 Bronx County, New York

  You should know that on September 13, 2016, Democratic Primaries were held here in Bronx County, and the New York City Board of Elections has finally released the certified results.

It is important for you to know that many interesting things happened during those primaries. Some of these things make us happy and proud, and others are cause for concern.  

For me, personally, I am tickled pink because the residents of the 32nd Senatorial district gave me a tremendous victory of historic proportion. In this 2016 Democratic Primary race, the residents of my district gave me a sweeping victory with 94 percent of their vote.

You should know that here in Bronx County, no one in recent history has ever received a Democratic Primary Election victory with those results.

On the other hand, in General Elections, these very high percentages are expected results when a Democrat is running against a Republican, because Bronx Democrats always vote for Democrats. That is why when 94 percent of Bronx voters choose one Democrat against another Democrat, it is a historic victory!

I am humbled and grateful to my constituents, and very proud of the race we ran, and the mandate I received.

Another one of the great achievements in this past Bronx Primary Election season is that there were no Hispanic candidates pitted against any African American incumbents.

It was noble how Bronx Borough President Ruben Diaz, Jr., Bronx Democratic Party Chair Marcos Crespo, and the Bronx Hispanic leadership did not promote, support nor encourage other Hispanics to challenge any African America incumbents in the Democratic Primary. This is especially noteworthy since there are African American incumbents who represent Bronx districts where the majority of residents are, in fact, Hispanic.

Bravo to Rubencito, Marcos, and the Hispanic Leadership here in Bronx County in their quest for unity!

You should know that it is a concern that many Hispanic incumbents were challenged by African American and non-Hispanic insurgents.

For example, the Chairman of the Bronx Democratic Party, Assemblyman Marcos Crespo was challenged by Mr. William Moore; Assemblyman Luis Sepulveda was challenged by Ms. Pamela Stewart; Assemblywoman Carmen Arroyo was challenged by Mr. Jackson Strong; and New York City Councilman Rafael Salamanca was challenged by Ms. Helen Hines.

Even though all of the Bronx incumbents kept their seats – Marcos Crespo won with 76% of the vote; Luis Sepulveda won with 75% of the vote; Carmen Arroyo won with 67% of the vote; and Rafael Salamanca won with 62% of the vote – there is still reason to be concerned because Hispanic incumbents were subjected to unnecessary spending of resources and energy.

My dear reader, you and I know that we live in the United States of America, where everyone has the right to aspire to elected office, and where no one can be prevented from running for any position of their choice. It is most important to cherish our freedoms, and never strive to prevent another person from running for elected office because of race, gender, religion, nationality, or sexual preference.

America is the country of freedom, but in our quest for unity among different ethnic groups, what the Bronx Hispanic Democratic leadership did by not challenging any African American incumbents has to be recognized.

I would hate to see, in the future, if any members of our Hispanic leadership would join forces to target African American incumbents the way it appears that Hispanics were challenged in this past primary.

If that were to happen, it cannot be called racism, discrimination nor anything else, because it is the freedom we have here in America.

I am Senator Reverend Rubén Díaz, and this is what you should know.

EDITOR'S NOTE:

Congrats to Senator Diaz Sr. on his victory as I said in my political column which appears in the the Bronx Voice newspaper. However the Bronx Democratic County organization has one of, if not the best election lawyer who helps knock off or tie up on the court system candidates who challenge Bronx County incumbents. This challenge phase takes away much valuable resources from the challengers who are not as well known or as financially backed as the incumbents backed by the county organization.

BRAVO to Senator Diaz, but if the good senator was able to get 94 percent of the vote, why is it that those who ran with Senator Diaz Sr. did not do as well as he did. In fact the Bronx Democratic County Leader Assemblyman Marcos Crespo lost 18 percent of the vote Senator Diaz got, Assemblyman Luis Sepulveda lost 19 percent of the vote Senator Diaz got, and incumbent Councilman Rafael Salamanca, (a disciple of Senator Diaz) lost 32 percent of the vote Senator Diaz got.  

My dear Senator you did extremely well, but your disciples lost something in the translation of the vote to them. That makes you strong and them appear to be weak. If the opposition to the Bronx County organization was to unite, then maybe we would see much better elections. After all Democracy is not about how much you won by, but how good the elected officials are for the people who elected them. 

That is what you should know.

Senator Jeff Klein and Assemblyman Mark Gjonaj Host Annual Hispanic Heritage Month

State Senator Jeff Klein and Assemblyman Mark Gjonaj held their Annual Hispanic Heritage Celebration on Saturday at Havana Cafe. Nearly 200 people gathered to enjoy this day of celebration.

“Today we recognize the valuable contributions that Hispanic Americans have made to our community.  Their extraordinary work has enhanced and enriched our country from its earliest days right up through the present time.  Today’s honorees’ steadfast commitment to improving the quality-of-life for our residents is exemplary of true leadership,” said Senator Jeff Klein.

“It was great to celebrate Hispanic Heritage once again with Senator Klein. The honorees greatly exemplify the successes and continuous contributions from the Hispanic community and I am happy to celebrate with them during this month," said Assemblyman Mark Gjonaj.

Congressman-elect Adriano Espaillat, who is the first Dominican American set to be elected to Congress,  delivered the keynote address.

“This celebration of Hispanic Heritage Month gives us the important opportunity to reflect on the contributions Latino and Hispanic Americans have made and look forward to the contributions our young leaders will make as they begin to shape our future. Thank you to Senator Jeff Klein and Assemblyman Mark Gjonaj for bringing so many of us together to honor the rich histories and cultures of Hispanic and Latino Americans,” said State Senator Adriano Espaillat.

Senator Klein and Assemblyman Gjonaj highlighted the contributions of outstanding members of the Hispanic community including: Democratic Nominee for the 31st Senatorial District Honorable Marisol Alcantara; president of 43rd Precinct Community Council; Aurora Carrion; Democratic District Leader of 85th Assembly District; Honorable Antonia Figueroa; Office Manager of Bronx Community Board #9 Maribel Mercado; Community activist and volunteer Candida Rosa;  Board of Director of Shorehaven Homeowners Association and President of Harbour Pointe Condominium Association Nelly Santiago-Rivera.

“Thank you Senator Klein and Assemblyman Gjonaj for the honor as we continue to celebrate Hispanic Heritage Month. As a proud Latina, it is important to me that we continue to celebrate and praise members of our communities that tirelessly contribute to our heritage, culture, and advancement,” said Honorable Marisol Alcantara, Democratic Nominee for the 31st Senatorial District.

“Being Hispanic Heritage Month, I think it is important to recognize people in the community who are not always honored.  It was a great pleasure that Senator Klein and Assemblyman Gjonaj took notice of people that are doing important work for their community.  I thank them,” said Aurora Carrion, president of 43rd Precinct Community Council.

“I am pleased, honored, and most importantly humbled to accept the honor and to be in the presence of so many whom I have long admired and respected.  A very special thank you to Senator Jeff Klein and Assemblyman Mark Gjonaj and to my great friend Marcos Crespo.  A great applause to the other Latina women who were honored as it was a proud day for all of us,” said Honorable Antonia Figueroa, Democratic District Leader of 85th Assembly District.

“I was honored receive this award and I thank Senator Klein who recognized my work.  It was a great day and event,” said Maribel Mercado, Office Manager of Bronx Community Board #9.

News From - Attorney General Eric T. Schneiderman

Reforming The Herbal Supplements Industry

In his office's ongoing work with the herbal supplement industry, the Attorney General reached an agreement with NBTY to implement new quality control measures on their herbal supplement products sold at Walgreens and Walmart nationwide. This settlement will require DNA barcoding and other testing, labeling and manufacturing to help detect allergens and accurately identify each chemical ingredient. Consumers deserve products that are properly labeled, ensuring a product's authenticity and purity. 

Protecting Military Families From Abusive Business Practices

Attorney General Schneiderman reached a settlement this week with USA Discounters to end their unlawful business practices that targeted military, veterans and government servicemembers. The company would hook servicemembers into deceptive loans, false advertising and illegal collection practices. They would also sue servicemembers out of state where they would be unable to defend themselves. Restitution to consumers in New York State is $1.8 million dollars, which will impact approximately 759 New York consumers.

The Attorney General addressed members of the Public Employers Federation on Monday at the organization’s annual convention in Rochester.

Have a question, comment, or complaint? Click here. You can also learn more about the various initiatives of the Attorney General's office by visiting our website at ag.ny.gov. You can also call our General Hotline: 800-771-7755. 

Sat, Oct 1, 4-7 | South Bronx Community Land Trust Re-envisions Abandoned City Building in Midst of Unprecedented Land Grab

Community Envisioning Session Health, Education & the Arts in the Old Lincoln Recovery Building When: Saturday, October 1, 4-7 pm Where: BronxArtsSpace, 305 E. 140th St.

This Saturday, October 1, the South Bronx Community Land Trust will hold the third of three collective envisioning sessions to finalize a community-driven proposal called H.E.ARTS - Health, Education and the Arts in the former Lincoln Recovery Center on East 140th Street. This 28,000 square foot building sits abandoned and ready for use by upwards of 20 South Bronx-based community organizations!. Dinner will be provided.

RSVP

Community videos its visit to abandoned Lincoln Recovery building to begin the envisioning process.

The Mott Haven/Port Morris neighborhood of the South Bronx, a diverse and vibrant community has survived decades of abandonment and neglect resulting in some of the highest rates of asthma, diabetes and obesity in the city, as well as the lowest performing schools. A network of grassroots, faith and neighborhood organizations have been integral in holding the Mott Haven/Port Morris community together with services providing programs targeting health, education and the arts. In recent years, several organizations have lost their space as landlords have raised their rents anticipating a wave of gentrification. These groups present impressive track records of community service and engagement, but lack some of the basic infrastructure such as space, to sustain effective programming. More than five years ago, New York City shuttered Lincoln Recovery Center, a 28,000 square foot building located at 349 E. 140th Street. This historic facility, borne in 1970 from the community activism of courageous clinicians, the Young Lords and the Black Panthers in response to community needs, provided decades of holistic treatment for addiction using acupuncture and Reiki, along with counseling and a variety of other therapeutic and educational services. Now it sits abandoned. We propose to revitalize the space, and WE NEED YOUR THOUGHTS & IDEAS! Please come and give us your input about how to best use this collective space. This will be the third of three envisioning sessions (first was with community organizations, second was with community youth, third will be with the full community.) Organizations already involved with this effort include: Upbeat NYC, Community Connections for Youth, Birthing Project, Mothers on the Move, South Bronx Unite, Rollin Together, Rebel Diaz Arts Collective, Cumpanis, Freedom Community Center, Friends of Brook Park, La Finca del Sur, Families United for Social and Educational Development, Vamos a la Peña del Bronx, Masa, Radical Health, South Bronx Farmers Market, United Playaz of New York, Young Urban Christians & Artists, and MLK Resource Center/SUNY ATTAIN.

MAYOR DE BLASIO ATTENDS AND DELIVERS REMARKS AT THE FUNERAL FOR DEPUTY CHIEF MICHAEL J. FAHY

  We come here today for a solemn purpose, common purpose. We’re all united in grief – all of New York City, all of the members of the FDNY, all of Chief Michael Fahy’s friends, and especially his family. We are united with you.

We’re here for you, Fiona, and your beautiful children. And we’re here for you, Thomas and Mary, who raised Michael so well. We’re here for Michael’s siblings who grew up beside him, learned with him, taught him. We’re here for each other in this time of grief.

We thank Cardinal Dolan, Father Keenan, Father Tierney, we thank everyone at Annunciation for giving us this chance to join together to comfort each other. 

We want to thank today all the men and women of the FDNY who have come here today to offer their respects, and we thank them for protecting us every day.

For a mayor, there is no more solemn duty than to offer our city’s condolences. I offer them to all gathered here today particularly to the family of a fallen hero – because we must understand Michael J. Fahy was a hero.

His chosen work – his life’s work was to protect others, to risk his life, and that was true day-in and day-out. It did not matter what the day brought, his commitment was the same – true of all who choose to put on the uniform, and serve, to be there for the rest of us.

Michael was one of those people who provided a foundation for everything good in our society, and that was the glue to hold us together because he was someone we could look up to everyday.

And what’s so important for us to remember is the choice he made – he expressed that simply and profoundly in a letter he wrote in 1999. At that point, he was a young lawyer. And at that point in his life with all sorts of success ahead, all who know him speak about his talent, his intelligence. There was certainly plenty of opportunity ahead. He could have become wealthy but he felt a different calling. And he wrote in that letter –

“While I enjoyed the study of law I feel that I need a career with a higher, more honorable purpose. I would like to be a New York City Firefighter.”

Those are not just words for Michael, he lived those ideals, he lived up to that vision of a higher, more honorable purpose, and he gave his life for it.

I want to take a moment to speak directly to Michael's children. Cormac, Anna, Michael – I want you to know that we have a few things in common. My father also wore a uniform. He served in the US Army.

Just like you I lost my dad when I was young. I was only just a teenager. But I knew that my father was a hero. And I want you to know that you will carry that knowledge with you every day of your lives. When you’re grown up, decades from now, good times and bad, you will be able to rely on that knowledge that not only was your father a good man, he was a hero.

And it will strengthen you. It may feel hard to believe that now but it will strengthen you. We all will be strengthened by Michael’s example.

When we think of him it will remind us of how good we can be if we follow the highest ideals. Therefore Michael will be a presence in all of our lives. His service to his family, to his city, to his country will never end because it will help us live better lives, to serve others more profoundly.

On behalf of eight-and-a-half million New Yorkers, I offer my deepest condolences to the Fahy family, to the FDNY, to all those who knew and loved Michael so much.

God bless you all.