Queens Gazette

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HOUSE VOTING RIGHTS ADVANCEMENT ACT PASSES: Rep. Carolyn B. Maloney (NY-12) voted on December 6 to pass H.R. 4, the Voting Rights Advancement Act, critical legislation to restore the full strength of the landmark Voting Rights Act of 1965 and to help ensure that every eligible voter can have their voices heard.

“Since the disastrous Supreme Court Shelby v. Holder decision, states and localities with histories of racial injustice have again started implementing discriminatory voting practices that disenfranchise countless Americans, especially people of color. I was proud to join my colleagues today in passing the Voting Rights Advancement Act, to give the federal government the tools it needs to hold local elected officials accountable for voter suppression tactics designed to silence our most vulnerable and underrepresented communities. So many brave Americans have made the ultimate sacrifice to protect the most basic and fundamental of American rights – the right to vote. By passing this legislation, we honor their sacrifice and ensure that Americans in communities across our nation can exercise their right without interference or discrimination.”

The Voting Rights Advancement Act reestablishes full protections for voters in states with a recent history of discrimination.  Among its key provisions, the bill:

  • In response to the Supreme Court decision, provides a new coverage formula that determines which jurisdictions are subject to preclearance, based on current conditions.
  • Also establishes “practice-based preclearance,” focusing administrative or judicial review narrowly on suspect practices that are most likely to be tainted by discriminatory intent or to have discriminatory effects, as demonstrated by a broad historical record.

“Following the Shelby v. Holder decision, at least 23 states have enacted voter suppression laws, including voter purges, strict ID requirements, poll closures and curtailing of early voting hours,” Maloney noted.

NEW LAW PROTECTS RENT-REGULATED TENANTS: Governor Andrew M. Cuomo signed legislation (A.6188/S.2605) on December 3 protecting rent-regulated tenants from landlord harassment by preventing landlords from creating unsafe, disruptive or uninhabitable conditions in order to force tenants out of their homes. The previous law only provided protections to tenants who could demonstrate physical injury, and failed to take into account the conditions caused by the landlord. This measure, a program bill advanced by NYS Attorney General Letitia James, builds on the many new tenant protections signed into law by Governor Cuomo.

“For far too long, unscrupulous landlords have gotten away with subjecting rent-regulated tenants to dangerous and inhumane conditions in an attempt to force them out of their homes,” Attorney General James said. “Today that changes. Tenants will no longer have to meet an unreasonably high bar to demonstrate that they are being harassed. Instead, we will ensure that landlords will face justice when they intentionally subject their tenants to unsafe, disruptive, or uninhabitable conditions, such as exposing them to hazardous materials, shutting off heat and hot water, or using construction to make buildings deliberately uninhabitable. I thank the bill’s sponsors NYS Senator Liz Krueger and Assemblyman Joe Lentol, legislative leaders, and Governor Cuomo for ensuring that our most vulnerable tenants will be protected.”

The new Class A misdemeanor for harassing a rent-regulated tenant is committed when a landlord attempts to force out a tenant by making their accommodations uninhabitable or purposefully creates or maintains a condition that risks the safety, health and comfort of the tenant. This measure also broadens the definition of the existing class E felony offense to include conduct by a landlord that seeks to force out two or more rent regulated tenants by making their accommodations uninhabitable or purposefully creates or maintains a condition that risks the safety, health and comfort of the tenant. Finally, multiple convictions for misdemeanor conduct under these new provisions within five years will permit prosecutors to charge the repeat offender with a class E felony.

This legislation fulfills a key component of the Governor’s Justice Agenda, as well as builds on the Housing Stability and Tenant Protection Act of 2019, enacting the “most aggressive tenant protections in state history.”

NEW PUSH TO STRENGTHEN MENTAL HEALTH ACCESS FOR VETS: With veteran and military suicide rates posing a crisis in New York and across the country, US Senator Kirsten Gillibrand, ranking member of the Senate Armed Services Personnel Subcommittee, will stand with veterans, advocates, and medical experts to demand immediate action to better support service members and ensure they have access to the care they need. More than 45,000 veterans and active-duty service members have committed suicide in the past six years. According to the Department of Defense’s own reporting, suicide rates for active-duty service members and veterans continue to rise, and spiked to a five-year high last year.

Following a Senate Armed Services Personnel Subcommittee hearing led by Gillibrand just last week, the senator will unveil a new, two-pronged approach to begin addressing this crisis. Service members consistently and overwhelmingly identify their fear that seeking mental health treatment could negatively impact their careers. As such, Gillibrand will call for changes to reporting requirements that force military mental health professionals to report visits by service members to their commanders. Additionally, Gillibrand will also call on the Department of Veterans Affairs and Department of Defense to improve the support veterans receive during their transition from military service to civilian life. Veterans who have left service within the past year are 2.5 times more likely to die by suicide than their active duty counterparts, and this rate is even higher among our female veterans.

COUNTERFEIT ‘MOVIE MONEY’ FLOODING STORES: Amid a new warning about fake cash used in Hollywood movies flooding the real world, and a just-publicized US Secret Service campaign to combat the surge this holiday season, US Senator Charles Schumer on December 6 urged the Internet Association to partner with the US Secret Service to curb the uptick of counterfeit cash, and catch any culprit(s). Schumer detailed where this “movie money” is available online, how realistic it looks and why it is becoming a major problem for New York retailers and consumers who get left holding the bag. Schumer made the case for a joint plan between online sellers and the feds that heads off the counterfeit cash at the pass, saying a warning is just not enough to combat the problem.

“The US Secret Service is doing a fine job publicizing the recent surge in fake cash, via movie money, flooding retailers and some wallets this holiday season, but it shouldn’t be a ‘Mission Impossible’ to prevent these faux funds from being passed off as the real thing in the first place,” said US Senator Schumer. “That’s why I am asking the Internet Association which represents online sellers stocking this product, like eBay and Amazon, to get a handle on the funny money. When it ends up in a retailer’s register or a consumer’s pocket it is nothing to laugh about.”

According to the US Secret Service, prop money is the most popular type of counterfeit money because people don’t have to do much to acquire it. For most people looking to dupe businesses and inject the fake funds into the marketplace all that is required is an internet connection. From there, scammers primarily search eBay and Amazon for the motion picture cash, where hundreds of “dollars” are available for around $20 in real money. Based on a recent 25% surge in fake cash flooding businesses this holiday season, the Secret Service has issued a nationwide alert to keep an eye out for the counterfeit bills. The feds launched “Operation Quick Glance.”

According to the Secret Service, last year, $103.4 million in counterfeit cash was passed in the US. There was an increase in the passing of notes with other foreign writing and the aforementioned 25% increase in the passing of motion picture notes; both kinds of cash are available online for immediate purchase.

The Secret Service recommends the following tips to help businesses and consumers identify the counterfeit currency: Take a good look at cash when you receive it from any retail establishment or individual, and check for foreign writing on the front and back of the note, and look for the words “For Motion Picture Use Only” or “Replica” written on the note. In addition, images of what to look for on money can also help consumers: visit www.secretservice.gov/data/KnowYourMoney.pdf for a detailed guide.

But Schumer said this simple warning to the public is not enough to get a handle on the problem. He wrote to the president of the Internet Association urging them to partner with the Secret Service this holiday season and beyond to curtail the online sale of this funny money at its source—the online retail market. The national Internet Association represents eBay and Amazon.

AMAZON TO LOCATE OFFICE IN HUDSON YARDS: NYS Senate Deputy Leader Michael Gianaris issued the following statement on December 6 after news broke about e-commerce giant Amazon’s decision to locate 1,500 employees in a 335,000 square-foot office in Hudson Yards, without receiving any tax breaks.

“Amazon is coming to New York, just as they always planned. Fortunately, we dodged a $3 billion bullet by not agreeing to their subsidy shakedown earlier this year. Now, we must enact reforms to our economic development programs to ensure no company can seek to take advantage of the public again.”

Since Amazon’s decision to leave New York in February, Gianaris introduced legislation to ban secrecy clauses in economic development agreements, de-link state opportunity zone tax breaks from the federal tax code, and end insider dealing in the real estate industry.

MALONEY SAYS LABOR MARKET STRONG ‘DESPITE TRUMP’: Congresswoman Carolyn B. Maloney (NY-12), vice chair of the US Congress Joint Economic Committee, issued the following statement after the Bureau of Labor Statistics reported that nonfarm payroll employment grew by 266,000 in November and the unemployment rate was 3.5%. Average hourly earnings increased 3.1% from the prior year.

“The job market has shown remarkable resilience in the face of the president’s increasingly erratic trade policies. But let’s not forget that Americans in many communities and parts of society still find it hard to get a well-paying job. Meanwhile the Trump Administration is set on making things worse by proposing cuts to nutrition assistance; like Scrooge in Dickens’ A Christmas Carol, they chose the holiday season to punish households of the less fortunate.”

“There’s so much we can do to further shore up the economy and address persistent inequalities. I call on the administration to preserve and strengthen the Supplemental Nutrition Assistance Program (SNAP), rather than weaken it. And as Congress makes year-end appropriations decisions, I urge inclusion of paid leave legislation backed by the House that would allow federal workers to care for a child or sick family member without facing financial hardship. In addition, it’s important for Congress to approve a bill that would require the Bureau of Economic Analysis to report economic growth by income decile and the top 1%. That would help us measure inequality and implement programs and policies to ensure that everyone in this country can enjoy the benefits of economic growth,” said Congresswoman Maloney, author of the Federal Employee Paid Leave Act (H.R. 1534).

She introduced the bill as an amendment to the National Defense Authorization Act (NDAA) in June, along with Congresswoman Chrissy Houlahan (D-PA) and House Armed Services Committee Chair Adam Smith (D-WA). Congresswoman Maloney also introduced the Measuring Real Income Growth Act (H.R. 707) this Congress and in the 115th Congress. The legislation would require the Bureau of Economic Analysis to publish distributional analyses of gross domestic product.

Congresswoman Maloney is now chair of the House Oversight and Reform Committee, and is a senior member of the House Financial Services Committee.

CITY COUNCIL’S OVERSIGHT HEARING ON S. OZONE PK. FLOODING: The New York City Council Committee on Environmental Protection held an oversight hearing this morning on the causes and response to a chaotic Thanksgiving weekend flood in South Ozone Park.

The December 11 hearing in the City Council Chambers sought to get clarity as to why roughly 80 homes were flooded with raw sewage in the early hours of November 30, impacting hundreds of South Ozone Park residents.

“Instead of enjoying a quiet holiday weekend, hundreds of Queens residents dealt with an unhealthy flood that destroyed their belongings and damaged their homes,” said Councilman Constantinides, chair of the Committee on Environmental Protection. “We deserve answers as to what caused this mess, as well as why the city initially responded in an unclear manner that seemed to blame the community. I stand with my colleague, Adrienne Adams, in getting to the bottom of this.”

“It is outrageous that so many South Ozone Park residents were displaced and suffered property damage when their homes were flooded by sewage just after the holiday,” said Councilwoman Adams. “Apologies will not make these residents whole. It is imperative that we get answers from the Department of Environmental Protection for the residents of Southeast Queens that are still struggling.”

The flooding forced many residents to sleep in their cars, while others rushed to pump potentially toxic water from their homes. Many were also concerned about the city’s response as to what caused a blockage in the sewer main, which officials said serves roughly 300 homes.

“Residents were rightly upset by allegations that pouring grease down home drains en masse caused a sudden backup, something city officials later backtracked,” said Constantinides.

Though the Department of Environmental Protection was able to create a bypass and stop the flooding by Sunday night, there are still lingering questions about prevention, response, and outreach in the wake of the backup.

MALONEY ENDORSED BY PLANNED PARENTHOOD ACTION FUND: On December 3, Planned Parenthood Action Fund endorsed Rep. Carolyn Maloney for Congress in the 2020 election cycle. Maloney represents Congressional District 12, which encompasses parts of Manhattan, Queens and Brooklyn.

“In addition to a lifetime as a devoted advocate for Planned Parenthood, Congresswoman Maloney has used her position to focus a national spotlight on the lengths some states are going to to end access to abortion and reproductive healthcare. We need her voice in Congress, and Planned Parenthood Action Fund is proud to endorse Congresswoman Maloney for reelection in 2020,” said Acting President Alexis McGill Johnson.

Maloney, who was recently elected chair of the House Committee on Oversight & Reform, held a hearing last month on “the draconian practices being proposed by some states to prevent women from seeking and obtaining abortions,” her campaign stated. In 2012, during an all-male panel on contraception convened by House Republicans, she asked: “Where are the women?”

“I’m honored by this endorsement from Planned Parenthood Action Fund,” said Maloney. “Planned Parenthood does incredible work – without them, millions of our nation’s most vulnerable would not have access to a full range of reproductive healthcare, including abortion. Planned Parenthood’s importance in defending the right to choose cannot be overstated.”

 

[IF MOVED & CAPTIONED: Photo Courtesy Maloney for Congress]

 

CONSTANTINIDES’ PLAN CHAMPIONS WORKERS’ RIGHTS: Borough president candidate Costa Constantinides on December 3 called for a sweeping group of reforms to better protect workers’ rights in solidarity with a new wave of unionization efforts throughout the city.

“The new, green economy we’re building here in Queens should be done with union labor – no matter the profession,” said Councilman Constantinides.

Constantinides, who became one of the first City Council members to publicly support legislative staff’s efforts to unionize, unveiled four proposals to enhance working conditions in Queens.

As Queens borough president, Constantinides says he would:

  • Oppose Any Major Land Use Decision That Doesn’t Have a Labor Component: “Real estate developers have increasingly tried to undercut the labor movement in New York City,” Constantinides says. As Queens borough president, Constantinides would have a strong voice and a vote in the Uniform Land Use Review Procedure and he plans to ensure any major development includes union labor. “Skilled trades bring incomparable quality, safety, and fairness to building in New York City, and it’s something we must be committed to saving in Queens.”
  • Sponsor Legislation to Create an Independent City Entity Focused on Workplace Mistreatment for City Employees: Constantinides states he would use the borough president’s ability to request legislation to sponsor any bill to create this entity.
  • Commission a Study on the Positive Impacts of a Four-Day Work Week: There’s growing momentum to rethink how we work – and when. Microsoft Japan saw a 40% productivity increase this summer by switching to a four-day work week. By having employees take off Fridays, the company says it printed 60% fewer pages this August and experienced a 23% drop in energy consumption. Proponents believe a four-day work week leads to happier employees who are less likely to get burned out.
  • Create 50,000 Union Green Jobs in Queens by 2030: Efforts to combat climate change will create new jobs in carbon efficiency, resiliency, and renewable energy. Constantinides believes this work should be done by union labor, which provides safe working conditions and fair pay. He wants to create a high school-to-union pipeline by expanding Career and Technical Education programs in Queens schools.

Supporters note that Constantinides has made protecting workers central to his time in government. In October 2018, he introduced a resolution in support of the #CountMeIn movement as “big real estate sought to undermine union labor in New York City.” UFCW Local 1500 endorsed Constantinides for borough president last month, and was soon followed by IUOE Local 94, with more than 5,000 operating engineers across the city.

MENG BILL RAISES NOTIFICATION REQUIREMENTS FOR PRODUCT RECALLS: On December 3, US Rep. Grace Meng (D-NY), a founder and co-chair of the Congressional Kids’ Safety Caucus, announced the introduction of the Total Recall Act, a bill that would require businesses to strengthen and streamline the way they notify consumers about product recalls. Currently, the average response rate of consumers for most recalls is only between 4 and 18%.

Meng’s legislation would increase notifications for all types of recalls by requiring businesses to post recall notices on their websites and on all social media accounts. For a mandatory recall, businesses would be required to notify the public by spending at least 25% of the money they used for traditional marketing of the product. For a voluntary recall and settlement, companies would be urged to notify consumers by using at least 25% of the product’s original traditional marketing budget and 100% of the social media marketing budget. The bill would also mandate that the Consumer Product Safety Commission (CPSC) provide an annual report to Congress on participation rates for each recall.

“Each year, businesses launch nearly 30,000 new products, but some of those items may endanger the health and safety of our families and our homes,” said Congresswoman Meng. “We can’t expect busy parents and consumers to consistently check for possible problems every time they purchase a product. If a company sells a dangerous item, that company should rightly be expected to market the recall as aggressively as they marketed the sale of the product. An average recall response rate between 4-18% is not just unacceptable; it is irresponsible. Every single day a family unknowingly continues to use an already recalled product, is a day too long. The Total Recall Act would ensure that companies commit to effective and impactful outreach on all recalled products, and I urge all my colleagues to support it.”

AG JAMES: FTC MUST ACT AGAINST DECEPTIVE MARKETING PRACTICES: On December 3 New York Attorney General Letitia James co-led a coalition of 23 attorneys general from around the nation urging the Federal Trade Commission (FTC) to expand regulations to prevent consumers from being deceived by negative option marketing schemes.

With negative option marketing, a marketer presents consumers with an offer and the consumers’ silence or failure to take action in response to that offer is deemed acceptance or approval of the offer. One especially problematic type of negative option offer involves a so-called “free” trial, where consumers are offered a free trial period of a product or service. To receive the free trial, consumers are required to submit their credit or debit card number. However, the free trial has additional terms and conditions – which are not clearly or conspicuously disclosed to the consumer – stating that unless consumers cancel the goods or services they are agreeing to continue to receive and pay for them. Companies are not required to remind consumers before their free trials come to an end, which could result in some consumers being charged automatically once the free trial comes to an end.

The current regulations were adopted in 1973 and regulate only one type of negative option marketing – the delivery of merchandise where consumers receive periodic announcements that merchandise will be delivered unless they decline within a set time frame (e.g. book-of-the-month clubs).

In their letter, the coalition of attorneys general recommends that the FTC expand its regulations in order to achieve the following:

  • Informed Consent: In addition to consenting to any trial offer, sellers should have to obtain a separate consent to charge for goods or services after the trial period has ended.
  • Periodic Notices: Sellers should be required to send regular notifications to consumers enrolled in negative option plans that disclose the timing, amount, and method by which the seller bills the consumer for the renewal, and that provides the consumer with a convenient method to cancel the goods or services.
  • Define Simple Cancellation Processes: Consumers should be allowed to cancel their memberships using the same method they used to enroll in a program.
  • Refunds: Consumers who are unwittingly enrolled in negative option plans should be entitled to a refund from the date the free trial ended and their enrollment began to be charged.

NEW TRAINING STANDARDS REQUIRED FOR THERAPY DOGS: Governor Andrew M. Cuomo signed legislation (S.4802/A.6601) on December 3 to identify and develop new training standards for therapy dogs. This legislation will establish new guidelines for therapy dog handlers and facilities in assessment, training, risk management and animal welfare. These new standards will ensure New York’s therapy dogs are as prepared as possible to serve those in need.

“Therapy dogs provide an incredible service to those in need and should be trained to the highest possible standards,” Governor Cuomo said. “This legislation will establish best practices for New York’s therapy dogs so that they can provide the best possible attention and care to New Yorkers who rely on them every day.”

Senator Monica R. Martinez, who introduced the bill said, “I strongly believe in the importance of creating and enforcing standards and regulations for the licensing, training and handling of therapy dogs. Therapy dogs play a vital role in helping people and have shown to have a positive emotional effect on those they visit. They are trained to respond positively to others and their surrounding environment under the guidance and direction of their handler. I applaud the governor for seeing the important role our therapy dogs play in the lives of others.”

Bill sponsor, Assemblywoman Donna Lupardo said, “Therapy dogs positively affect the emotional well-being of people they visit in schools, libraries, hospitals, nursing homes, mental health facilities, and other places. Guidelines will now be available regarding the definition, training, handling and use of these dogs. I’d like to thank the Governor for recognizing how valuable these dogs are for so many New Yorkers.”

—With contributions by Annette Hanze Alberts

This column was originated by John A. Toscano

 

 

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