In communities still struggling to recover, City Council’s action will have real and lasting impact

New laws will set tougher penalties for crimes of opportunity, establish clear guidelines for home elevation and waive fees for small businesses
New York, NY- Today, the City Council will vote on legislation to create additional criminal and civil penalties for those who commit crimes against vulnerable New Yorkers during a local state of emergency. Reports of crime following recent Hurricanes Irene and Sandy show that some people used these emergencies as opportunities to damage or steal property and to injure individuals, both physically and financially, in mandatory evacuation zones. The legislation recognizes that crimes of opportunity committed during times of emergency are different, more serious and must be treated as such.

In an ongoing effort to mitigate the lasting effects of Hurricane Sandy and to better prepare for severe weather events, the Council will also vote on bills to help expedite the recovery process for small businesses impacted by the storm and to protect homeowners in affected communities and other areas prone to flooding who seek to physically elevate their homes.

The Council will also vote to override pieces of legislation vetoed by the Mayor that would protect unemployed job seekers from discrimination, and a bill that would improve the Independent Expenditure Disclosure Law.

Increased Penalties for Prohibited Acts Committed During a Local State of Emergency

To deter individuals from using disaster situations as opportunities to commit crimes, this bill creates additional penalties that can be imposed if any one of the following occurs during a local state of emergency, as declared by the Mayor. These acts include:
• Intentionally or recklessly causing physical injury to a person or damaging their property
• Knowingly entering or remaining unlawfully on another person’s property
• Deliberately or recklessly impeding government response to the emergency
• Impersonating another with the intent to obtain a benefit, or to injure or defraud a person

Anyone who commits one of these acts during a local state of emergency in a substantially affected area, meaning either a mandatory evacuation zone or an area where access to essential goods or services has been lost or reduced, will be guilty of:

• A misdemeanor punishable by imprisonment of up to six months and a fine of up two thousand five hundred dollars; or a civil penalty between one thousand dollars and five thousand dollars.

If the prohibited act is committed within a mandatory evacuation zone and during a mandatory evacuation period, the penalties are heightened:
• A misdemeanor will be punishable by imprisonment of up to one year and a fine of up to five thousand dollars; or a civil penalty between five thousand dollars and ten thousand dollars.

The law provides an affirmative defense for the accused if the person in question can prove that they were behaving reasonably in light of the circumstances.

“While Hurricane Sandy brought out the best in most New Yorkers, some individuals chose to prey on vulnerable storm victims and communities struggling to rebuild,” said City Council Speaker Christine C. Quinn. “Crimes committed during emergencies are crimes of opportunity, and these despicable acts can cause ripple effects throughout the entire city because recovery efforts and resources are diverted, thereby affecting all New Yorkers. We must protect our residents by giving them security and peace of mind when they need to evacuate unsafe homes, and ensure that emergency and relief efforts are not compromised. This legislation sends a loud and clear message that we take these crimes seriously and perpetrators will be harshly penalized.”

Minority Leader James Oddo said, “Anyone who takes advantage of a natural disaster to prey on their fellow New Yorkers shouldn’t have to wait for Karma or eternity to get what’s coming to them, and today the City Council is doing all we can to punish these crimes.”

Waiver of Fees for Businesses Recovering from Damage Caused by Hurricane Sandy

The Council will vote on legislation to waive permit and other fees for businesses seeking to reopen after sustaining damage during Hurricane Sandy. In February, the Mayor issued an Executive Order waiving fees related to various applications, permits, inspections and other requirements for businesses recovering from Sandy-related damage. This legislation will codify and expand upon the Executive Order.

Eligible businesses include those that were open and operating on or prior to Hurricane Sandy and were located in Hurricane Evacuation Zones A or B, within a Business Recovery Zone, or in a building that was inspected for structural damage by the Department of Buildings. The fees being waived include:
• Department of Buildings permit and inspection fees required for construction, demolition, scaffolds, boilers, plumbing, electrical work, signs, scaffolds, limited alterations and after hours work.
• Fire Department fees for inspection of fire protection systems and gas station fuel dispensing systems, as well as for plan review and examination fees for installation of fire protection systems and fuel dispensing systems.
• Department of Transportation permit fees for opening the street, debris containers, sidewalk construction, vaults, and canopies.
• Department of Small Business Services permit fees for waterfront construction, equipment use, mooring, fill work, as well as fees for work notices and certificates of completion.
• Department of Environmental Protection permit fees for fuel burning incinerators, as well as fees for certificates of instruction in the use of and to operate the same.
• Department of Consumer Affairs licensing fees for salvage and liquidation sales of goods, as well as licensing inspection fees for tow trucks and pedicab businesses.
• Taxi and Limousine Commission Fees in connection with the licensing of vehicles, replacing medallions, transferring licenses, and for-hire vehicle inspections.
• Landmarks and Preservation Commission fees required with respect to obtaining certificates of no affect and certificates of appropriateness.

“The waiver of City fees for recovering small businesses is simply a matter of good, responsible governance. As businesses across the City recover and reopen, the last thing that they should be dealing with are permit and inspection fees,” said Council Member Diana Reyna, Chair of the Committee on Small Business. “I hope that City Council, in conjunction with Mayor Bloomberg, can continue to identify ways to alleviate the burdens faced by hurricane-impacted small businesses.”

“This legislation is especially meaningful to small businesses in areas of my district, like the South Street Seaport, who saw their properties completely flooded and destroyed by hurricane Sandy,” said Council Member Margaret Chin. “These businesses are rebuilding from the ground up and to the tune of hundreds of thousands of dollars. I am particularly pleased that businesses that have had to relocate locally – or share space with their neighbors – are eligible for this waiver. The drive to reopen that these small business owners have demonstrated deserves to be rewarded. I would like to thank Speaker Quinn for her support on this issue, and my colleague, Council Member Diana Reyna for co-sponsoring this legislation.”

Post-Sandy Home Elevation
Hurricane Sandy destroyed or damaged over 18,500 homes and buildings in New York City, and these property owners, as well as those in other areas prone to flooding, will likely want to consider how to protect against flood damage and save on future flood insurance costs. Additionally, the City’s Flood Insurance Rate Map is currently being revised; once finalized, it will likely identify new flood-prone areas. Many owners in these communities may also choose to elevate their existing homes or buildings.

Today, the Council will vote on a bill to protect New Yorkers undertaking this complex work by requiring the following:

• First, the title page of construction plans submitted to DOB would have to clearly state whether the project will involve elevation work.
• Second, contractors would have to give 48 hours’ notice to DOB before elevating a home, which would give DOB the opportunity to monitor the work if it chooses.
• Third, elevation work would be subject to special inspection. That means a review of the work will be conducted by a qualified person chosen by the owner or contractor and authorized by DOB.
• Fourth, the Department of Consumer Affairs would provide education to homeowners and the public regarding the types of work that home improvement contractors can do and the licenses and permits those contractors need in order to engage in certain work.

This legislation is prompted in part by Louisiana’s experience following Hurricane Katrina. After the storm, a rush to elevate homes, without first putting in place proper procedural safeguards, led to a home collapse and construction site death.
The Mayor has already issued an Executive Order that allows property owners to elevate their buildings without violating height limits in the zoning rules. The Council’s legislation aims to ensure that this elevation work is done safely and properly.

Minority Leader Oddo said, “Anyone can say they know how to elevate a home, but do they really? The experience in New Orleans was that many fly by night actors emerged, leading to awful, improper and even tragic results. Councilman Ignizio’s legislation is designed to prevent the mistakes that happened post Katrina and he should be lauded for being proactive in protecting those already victimized by Sandy.”

“Home elevation is going to be an increasing issue in New York as we continue the recovery process, post Hurricane Sandy,” said Council Member Vincent Ignizio. “We have a responsibility to both educate and protect homeowners seeking to raise their homes. This bill will do just that.”

Mayoral Veto Overrides

The Council will vote to override legislation vetoed by the Mayor.

The first piece of legislation will protect the unemployed from discrimination. Under this legislation, it will be illegal for an employer to base a hiring decision on an applicant’s unemployment without a substantially job-related reason for doing so. It will also bar employers from posting in job advertisements that current employment is a requirement or that unemployed applicants will not be considered the position.

Once enacted, anyone who believes he or she has been wrongfully discriminated against will be able to take action in court or make a complaint to the Human Rights Commission.

The Council will also vote to override a Mayoral veto of a bill that will improve the Independent Expenditure Disclosure Law.

This bill will protect speech and maximize participation in the electoral process while continuing to ensure that New Yorkers know who is trying to influence their vote with political spending.

Minimum Wage Resolution

The Council will vote on a resolution calling on the New York State Senate to pass legislation to raise the minimum wage to $9 per hour and index future automatic increases to inflation. The Assembly recently passed a bill to raise the minimum wage to $9 with automatic cost-of-living increases and delivered the bill to the State Senate.

“For the past 30 years, the minimum wage has failed to keep up with inflation and has played a significant role in the continuing growth of income inequality in America,” said Speaker Quinn. “The current minimum wage is not sufficient to provide food and shelter, let alone access to health care or retirement security. We must protect New York’s most vulnerable residents and that begins with raising the minimum wage and increasing it with the rate of inflation going forward.”

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