Archive for the tag 'laws'

A home in Seagate after Sandy. (Photo by Erica Sherman)

New York City Comptroller Scott Stringer announced the formation of a Sandy Oversight Unit this morning, with its first task slated to be an audit of the Build it Back recovery program.

Stringer is targeting the program in the wake of headlines earlier this year that noted money has been distributed and construction started in only a handful of cases nearly a year after Build it Back’s launch, despite nearly 20,000 homeowners on the wait-list.

The unit will be looking to see if the Housing Recovery Office – the program that oversees Build it Back – has set goals and timetables for the delivery of services and established procedures to reduce the backlog of applications. It will also look at the quality of the service and review fraud prevention procedures, with a focus on the Single Family Program.

The Oversight Unit will draw from the Comptroller’s Audit, Contracts, Budget and Policy Units, with an overall goal of reviewing how federal aid has been spent, making recommendations to reduce fraud, waste and abuse, monitoring the progress of Sandy projects and proposing policy recommendations for managing the financial tracking in future emergencies.

To aid the review, Stringer is holding Town Hall meetings across Sandy-stricken neighborhoods to hear from residents about the problems they face. The following locations and dates have been set:

  • April 30 in Breezy Point from 6 to 8 p.m.
    Bay House, 500 Bayside Drive, Breezy Point, NY
  • May 6 in Coney Island from 6 to 8 p.m.
    Coney Island Hospital, 2601 Ocean Parkway, Brooklyn, NY
  • May 20 in the Rockaways from 6 to 8 p.m.
    Mt. Carmel Baptist Church, 348 Beach 71st Street, Arverne, NY
  • May 28 in Staten Island from 6 to 8 p.m.
    Olympia Activity Center (OAC), 1126 Olympia Blvd., Staten Island, NY

Mayor Bill de Blasio is already seeking to increase the efficiency of the program, announcing today that his office has completed a report that will kickstart the process, getting money out to homeowners faster. Details of those reforms will be made public later today.

Meanwhile, the mayor is also seeking to slash the property tax bills of 1,500 city residents who have rebuilt or repaired their homes since Superstorm Sandy. He announced yesterday that his office is pushing for support in Albany to provide a property tax credit for Sandy victims.

Construction and renovations to a home can trigger a higher assessment value, even if it’s solely for Sandy recovery. The bill would allow the city to grant partial property-tax abatement to nullify the higher assessed value from those repairs.

The Wall Street Journal reports:

To be eligible, homeowners would have to meet three criteria. First, the city had to reduce the valuation of the homeowner’s property in fiscal year 2014 from the value in 2013 because of Sandy damage. Second, the city would have had to increase the assessed value of the property for fiscal year 2015 compared with 2014. And, lastly, the 2015 assessed value of the building must exceed 2013′s.

While the city controls its property-tax rate, the Legislature and governor must approve special abatements like this.

The mayor has six weeks to gather support and pass the reforms before city property tax bills are delivered.

Members of a City Council committee are pushing a resolution introduced last week that calls for the city’s 59 community boards to adopt sweeping reforms, including term limits.

The council’s Committee on Governmental Operations met on March 3, drawing up the list of recommendations to improve the recruitment and function of the boards.

The local boards, each made up of 50 unpaid, volunteer members, have long drawn criticism for their appointment processes, which many say are politically motivated. Boardmembers are appointed by the borough president at the recommendation of local councilmembers, leading some to criticize their independence.

According to the Daily Eagle, the recommendations include:

  • Term limits of five consecutive two-year terms for board members.
  • Online application and technology infrastructure.
  • Conflict of interest disclosure by all applicants.
  • Requiring reappointment applications with evaluation of attendance, service and participation.
  • Ban on political appointments; specifically staffers of elected officials and executive board members of a political party.
  • Filling vacancies within 30 days.
  • Improved outreach and recruitment focusing on diversity, geography and experts.
  • Youth representation by 16- and 17-year olds as public members of youth committees and as full board members.

While the existence of the community boards are mandated by the City Charter, each board maintains its own bylaws dictating how they function. Some boards, such as Community Board 13, representing Coney Island and Brighton Beach, have term limits for its officers, while others, like Community Board 15, representing Sheepshead Bay, do not.

In Sheepshead Bay, community board recruitment and membership became an issue during the recent City Council race. At a September debate, the Democratic candidates discussed the local board’s diversity as well as term limits and the ways to depoliticize the appointment process.

Chaim Deutsch, who went on to win the election, said he hoped to strengthen and diversify the board, but didn’t offer details. He did note that he was opposed to term limits for board members.

“If you have board members that are there and following the processes and going to meetings and following up, and where you have various issues like zoning issues and they actually go down and look at the homes they’re having a hearing on – that person should stay,” Deutsch said at the time.

Source: Nathan James/Flickr

Legislation aimed at reducing auto insurance fraud in New York State passed the Senate on Monday, bringing the bill which allows insurance companies to retroactively cancel the policies of fraudsters one step closer to law.

The Senate bill was sponsored by State Senator Marty Golden, who describes it in this press release:

Today the New York State Senate passed S1959A, sponsored by Senator Martin J. Golden (R-C-I, Brooklyn), which allows insurance companies to retroactively cancel policies taken out by people who commit auto fraud. These criminals often take out policies and pay for them with bad checks or stolen credit cards just before they stage accidents. Under current law, insurance companies cannot cancel the policy and policyholders wind up paying for it through higher premiums. This bill would take that burden off honest consumers and therefore lower the insurance rates.

“Auto insurance fraud is costing New Yorkers millions of dollars, and it’s time that fair and honest members of our community stop paying for the crimes of others,” stated Senator Golden. “This legislation will give insurance companies the right to revoke insurance policies for those who try to game the system.”

This measure would bring New York in line with the other large no-fault states and remove any incentives for staged accidents. In fact, only seven other states (AZ, CO, KS, ME, MD, NC and SD) do not allow for retroactive cancellation. Innocent victims of uninsured drivers would be covered under their own policy or the Motor Vehicle Accident Indemnification Corporation.

The bill, which you can read here, now moves onto the Democratic-led Assembly, where it has support from a number of Democrats, including local Assembly members Steven Cymbrowitz and Dov Hikind.

Previous versions of this bill – and two others passed by the Senate to combat auto fraud – died in the Assembly.

Auto fraud continues to be an ongoing issue in Southern Brooklyn. The longest-running and largest auto insurance scam ring in history ended in April 2012, when authorities busted 36 individuals – many of them Southern Brooklyn residents – using anti-Mafia RICO laws. The individuals were accused of exploiting New York’s “no-fault” insurance law, which allows drives and passengers to obtain up to $50,000 for accidents injuries regardless of fault.

Prior to that, another ring was busted in Brooklyn, leading to the arrest of 16 people for allegedly ripping off companies for $400,000 between 2009 and 2011.

Councilman Mark Treyger is pushing new legislation that would require snow plows to have flashing lights and a make beeping noises, following the plow-related deaths of two Brooklynites this winter.

The two victims were killed by plows within two weeks of each other. On February 3, an elderly man was struck and killed by a plow in Brighton Beach in front of the Oceana complex. On February 13, a pregnant 36-year-old woman was killed by a plow clearing out the parking lot of a Borough Park market.

Treyger’s bill, first reported on by the Daily News, will require plows to have lights and “a loud, distinctive noise” to let pedestrians know when a plow is approaching.

“You’re dealing with low visibility,” he told the paper. “If we can buy a few seconds for these pedestrians to give them time to react, this could save a life.”

The new regulations, however, would not have prevented the two deaths cited. Both were killed by private CAT-style vehicles repurposed for snow removal. Treyger’s bill only affects Department of Sanitation snow plows, and other plows contracted by the city.

The new rules might have helped the man who was knocked off his feet by a tsunami of snow created by a speeding Sanitation truck in February. The man, walking on Coney Island Avenue, was knocked down and injured by a wave of snow that also broke the windows of a nearby storefront, and he is now mulling a lawsuit against the city. He said he never saw the truck coming.

UPDATE (March 28, 2014): Councilman Treyger’s office got in touch to note an error int he Daily News version. In actuality, there are two bills on the table, extending this new regulation to privately-operated plows as well. See the statement below:

Councilman Mark Treyger (D – Coney Island, Bensonhurst, Seagate, Gravesend) announces new legislation to require all vehicles engaged in the removal of snow on roads, sidewalks, parking lots, and pedestrian walkways to be outfitted with flashing lights and audible warning systems. This legislation, which follows the recent deaths of three pedestrians who were stuck and killed by snowplows in Brooklyn, would apply to plows operated by the City of New York and privately owned plows.

“Snowplows are vehicles we deploy during times of emergency” asserts Treyger. “We should be treating them like emergency vehicles. Furthermore, during a snowstorm, you’re dealing with low visibility and it is easy for pedestrians to be blindsided. This is precisely what happened to Min Lin, a pregnant mother, who was killed in Sunset Park this past winter. Anything we can do to buy a few seconds forpedestrians and give them time to react could save lives. The state of Ohio has already passed a similar bill and it’s high time New York City caught up on this important issue.”

A smart chip-equipped credit card. (Source: DennisSylvesterHurd/Flickr)

State Senator Marty Golden, citing a rise in credit card fraud in his district and beyond, is touting legislation he co-sponsored last month that would require credit card companies to install smart chip technology in every card issued to a New York State resident.

Golden held a press conference in Bay Ridge on Friday to advocate for the legislation, saying that merchants in his district have reported a spate of credit and debit card fraud, as well as “hackers” who have stolen data from local businesses. He was joined by Third Avenue Merchants Association President Robert Howe as well as Dimitri Akhrin, president of the Bank Associates Merchant Services.

“This legislation would require smart chip technology to be incorporated in our debit and credit cards to help protect against identity theft. Over the past few weeks, my district has been targeted by hackers who have been able to break through the security walls of some local stores. The false charges reported to my office have been made in Brooklyn, Long Island, Connecticut and event [sic] Puerto Rico,” said Senator Golden in a press release.

The senator cited Bureau of Justice Statistics reports estimating that 16.6 million people have suffered from identity theft in 2012 to 2013, 15.3 million of whom had an incident involving a debit or credit card.

According to tech site NerdWallet, manufacturers and advocates say smart chips are a safer alternative to magnetic stripe cards. Smart chips store encrypted account information and cannot be read by swiping. Instead they’re scanned into a terminal that reads the chip and can require a pin number to decrypt the chip’s information. They are not susceptible to common data scamming techniques as are magnetic strips, such as swiping, which allows fraudsters doubling as waiters or cashiers to discreetly pass your card through a handheld device that stores the card’s data.

Smart chips do have their own vulnerabilities, but the website notes that implementation in Europe has seen dramatic decreases in fraud.

The bill, which can be read here, was introduced on February 14 by upstate Senator Joseph Griffo with Golden as a co-sponsor. The Assembly version was co-sponsored by Assemblyman Alec Brook-Krasny.

American companies have been slow to adopt the technology because of the cost of replacing existing systems, including in-store point-of-sale systems and ATMs. The legislation does not address who will foot the bill, suggesting the business-owners will have to invest in new hardware if the law passes.

Source: Wikimedia Commons

The U.S. House of Representatives passed legislation that would scale down scheduled hikes in flood insurance rates that could have seen some homeowners paying 10 times the amount they do now. The bill, the Homeowners Flood Insurance Affordability Act of 2014, will now go to the Senate, where it’s expected to pass.

Reuters reports:

With homeowners and businesses facing premiums hikes of up to 10-fold or more as result of a 2-year-old law, the bill would limit annual increases of any individual policy under the National Flood Insurance Program to no more than 18 percent.

The legislation also instructs the Federal Emergency Management Agency to have “an affordability target” that would seek to limit the cost of a flood insurance policy to 1 percent of a home’s total coverage amount.

… The legislation was drafted in response to the Biggert-Waters Flood Insurance Reform Act of 2012, which was designed to allow premiums to rise to reflect the true risk of living in high-flood areas.

The law was passed to address a $24 billion deficit in the NFIP, which serves about 5 million people and had mounting losses, largely from Hurricane Katrina in New Orleans in 2005.

… That law did not stipulate that rates would soar by more than 10 times, but that is what happened to the surprise of lawmakers and consternation of homeowners and small businesses.

grimm

Congressman Michael Grimm has voted twice this week to suppress bringing a bill to the House floor that would delay hikes in flood insurance – even though he’s the sponsor of the bill.

The legislation would postpone increases in flood insurance premiums for four years to protect New York City homeowners from price increases of thousands of dollars. It would also allow the Federal Emergency Management Agency to complete an affordability study based on the new maps, and create a possible new tier of low rates for homeowners placed into a flood zone for the first time due to remapping of at-risk areas.

The hikes were planned prior to Superstorm Sandy, but since the storm legislators have shared concern that it would cause undue harm to middle- and working-class residents of coastal communities, as well as add more suffering to those still recovering from the the October 2012 flood.

The bill passed the Senate last week,and other Brooklyn representatives in the House have demanded a vote.

“Since the devastation of Hurricane Sandy, the families of Gerritsen Beach and Sheepshead Bay have dedicated themselves to the revitalization of their homes and small businesses, with much hard work and at considerable expense. An increase in flood insurance premiums would only increase the difficulty of their efforts, and would almost certainly force some homeowners – especially families living on a fixed income – to move elsewhere,” said Congresswoman Yvette Clarke in a press release last week. “I urge my colleagues to continue supporting for their efforts to rebuild the community and to remain in their homes.”

Grimm is the primary sponsor of the House version of the bill, having introduced it in October 2013. But he has since fallen in line with his Republican colleagues, voting with almost every other member of his party against the Democrats’ motions to force a floor vote.

According to the Daily News, which first reported on the congressman’s turnaround, it was this bill that Grimm referenced when explaining why he lost his cool and threatened to throw a NY1 reporter off a balcony. The congressman said he had lost his temper after a long day “fighting for flood insurance.”

snow-shovel

It seems with every snowfall, more and more New Yorkers forget that it’s their responsibility to shovel their sidewalks and protect against slips and falls.

So we decided to put together this little post making clear what’s required of you, and a few extra tips to earn brownie points with the neighbors.

What’s required

  • Every owner, lessee, tenant, occupant or other person having charge of any lot or building must clean snow and or ice from the sidewalk.
  • Cleaning must be done within 4 hours after the snow has stopped falling.
  • If snow stops falling after 9:00 p.m., it must be cleared by 11:00 a.m. the following morning.
  • Snow may not be thrown into the street.
  • If snow becomes frozen or is too hard to remove, residents can uses ashes, sand, sawdust or similar materials within the same time limits.
  • The sidewalk must be cleaned as soon as the weather permits.

The fine for violating any of these rules is between $100 and $150 for the first offense, and as high as $350 for subsequent offenses, according to city notices.

What’s recommended

  • During heavy snowfall, clear your sidewalk before the snow stops falling. It’s courteous to neighbors who may still have to get around, and it will make the job easier for yourself at the end of the day.
  • Check on your neighbors. If you live next to an elderly or disabled person, lend a hand and shovel for them. Hey, they may make you an apple pie.
  • Avoid using salt unless absolutely necessary. It can damage the sidewalk, leading to costly repairs for you down the road. Use kitty litter or sand instead.
  • If someone does slip and fall, go and see if they’re okay. It’s sad that this needs to be pointed out, but many people just snicker and go on their way.
  • Cleaning up your dog’s poop is still legally required, even if it’s sitting in some snow. Don’t be a jerk.

State Senator Marty Golden. Photo by Erica Sherman

State Senator Martin Golden is lauding a federal judge’s decision to remove part of New York State’s gun-control law that would’ve limited a handgun’s magazine capacity to seven instead of 10.

“This ruling clears up the one flawed piece of this law, which sets an arbitrary limit on the amount of ammunition for handguns,” Golden said in a press release.

The judge’s ruling was a response to The New York State Rifle and Pistol Association and other gun-rights organizations’ lawsuit against the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act). The gun rights organizations filed the lawsuit shortly after the act passed in January 2013. Golden voted for the bill at the time, which also requires, among other things, gun dealers to run background checks on people buying ammunition and firearms, but took issue with the magazine limit.

Golden, a former police officer, said that the ruling – which repealed the SAFE Act’s limitation on the amount of bullets in a handgun – would “keep New Yorker’s safe” by allowing retired police officers and legal gun owners to retain those three bullets.

While the federal judge, William Skretny, struck down the ammunition limit, he upheld the rest of the law and found it to respect the people’s constitutional rights.

Golden also agreed with this part of the ruling.

“This decision upholds the most important parts of the SAFE Act, which overall keeps New York State safe from the use of assault weapons,” he said in the statement.

Source: plateshack.com

Our readers often complain to us about car dealers in the neighborhood parking their cars on residential blocks and gobbling up their parking spots. So we decided to look into the legality behind it and found that, according to the Department of Transportation, commercial vehicles, including cars being sold by dealers, cannot sit in a public street parking spot longer than three hours.

According to locals, though, some dealers and leasing companies have been wildly abusing the privilege, leaving cars on residential streets for days on end. We’ve even heard of some cases where they swap around the license plates to fool authorities into thinking the cars have moved.

Now, let’s be clear: this is not every local dealer – or even the majority of them. But a few bad apples are giving the entire local industry a bad reputation. So we’ve put together this handy guide for how you can complain about illegally parked cars with dealership plates in the hopes that we can curb the practice, and level the playing ground for the good-guy dealers and leasers who store their cars responsibly (and, often, at a cost).

If you see a car parked day after day in the same spot sporting dealer plates (which are clearly marked with the word “Dealer” on it), snap a photo for your records, and note the location by the address of the nearest building. Then it’s time to pick up the phone, turn your computer on and get that precious parking spot back.

  1. Call 311 and tell them that a car dealer is storing their goods on a residential block. Offer the photo, which should include the plates and hopefully a time stamp. The 311 representative will give you a service request number. Write it down.
  2. Follow that up with a call to your Community Board. For those living in Sheepshead Bay, Manhattan Beach, Gerritsen Beach and Homecrest, it’s going to be Community Board 15. The Community Board provides much the same function as 311 – but with a human touch and a personal stake, improving the chances of a follow-up with the appropriate agencies. Community Board 15′s number is (718) 332-3008. When you call, tell them you have the 311 service request number. They’ll do their thing.
  3. If it’s a chronic problem in a certain area, stop by the 61st Precinct’s Community Council meetings, which take place on the second Wednesday of every month. There you can speak to the commanding officer directly and publicly, and often in the presence of elected officials, putting a little bit of pressure on the NYPD to provide a response. If the cops keep finding cars from the same dealer, they’ll likely stop by their offices to have a word with the owner.
  4. Call your councilman. This one’s extra credit if you really want to push the point. If you take this road, make sure to give the councilman’s representative that 311 number.

Finally, tell Sheepshead Bites about it. We want to know where exactly this is happening. If you’re concerned about privacy, email us at nberke [at] sheepsheadbites [dot] com, otherwise, leave the location in the comments, as well as an estimate of how long it’s been going on. We’re especially interested in the locations and timing, and are looking at putting a map together to identify problem areas.

One thing: please don’t speculate in our comments about which dealerships are doing this. Unless we can verify it independently, we don’t want to see this post become a place for making accusations that can harm potentially innocent local businesses.

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