{"id":2012,"date":"2020-08-27T18:15:57","date_gmt":"2020-08-27T18:15:57","guid":{"rendered":"https:\/\/council.nyc.gov\/press\/?p=2012"},"modified":"2020-08-27T18:15:57","modified_gmt":"2020-08-27T18:15:57","slug":"council-votes-to-provide-relief-to-restaurants-and-small-businesses-impacted-by-covid-19","status":"publish","type":"post","link":"https:\/\/council.nyc.gov\/press\/2020\/08\/27\/2012\/","title":{"rendered":"Council Votes to Provide Relief to Restaurants and Small Businesses impacted by COVID-19"},"content":{"rendered":"

The Council will also vote\u00a0to\u00a0create\u00a0a\u00a0livery and black car\u00a0task\u00a0force<\/em>\u00a0<\/p>\n

City Hall, NY\u00a0\u2013\u00a0<\/strong>The New York City Council on\u00a0Thursday will vote\u00a0four bills\u00a0to provide support to small businesses.\u00a0The first extends\u00a0the cap\u00a0on the amount of commission a third-party delivery service is allowed to charge for delivery\u00a0and all other types of charges\u00a0while a second bill will\u00a0prevent third-party delivery platforms from charging restaurants for telephone\u00a0calls\u00a0that\u00a0do\u00a0not result in\u00a0an order.\u00a0These new measures would be in effect until\u00a0restaurants are able to resume indoor dining\u00a0at maximum occupancy\u00a0and for an additional 90 days afterward.\u00a0\u00a0<\/p>\n

Members will also vote on\u00a0two additional bills within the small business package. They will vote on legislation requiring the Department of Small Business Services (SBS) to report on businesses that received a grant or loan from the New York City Employee Retention Program or New York City Small Business Continuity Loan Fund.\u00a0These grants were created\u00a0in\u00a0response to the\u00a0impact of COVID-19 on small businesses. The reporting would determine if the grants were distributed equitably across the city.\u00a0\u00a0<\/p>\n

The\u00a0fourth bill is\u00a0the\u00a0continuation\u00a0of\u00a0the\u00a0Commercial\u00a0Lease\u00a0Assistance Program (CLA),\u00a0for which funding\u00a0has since been restored after being temporarily unfunded in the Fiscal Year 2021 budget.\u00a0This vital\u00a0program provides\u00a0lease-related assistance and counseling for small business tenants, which is more important than ever as businesses struggle to\u00a0survive\u00a0the COVID-19 pandemic.\u00a0This legislation\u00a0would\u00a0also\u00a0allow\u00a0the\u00a0extension of\u00a0the\u00a0CLA\u00a0to encompass \u201cin-court\u201d legal representation for tenancy issues, such as filing a notice of appearance for small businesses facing eviction.\u00a0<\/p>\n

The Council will also vote to create a task force to study the challenges to the viability of the livery and black car industries which has seen a significant decline in ridership during the COVID-19 pandemic.\u00a0\u00a0<\/p>\n

This\u00a0pandemic has\u00a0also\u00a0made it difficult for\u00a0some\u00a0construction workers to\u00a0complete the required site safety training courses to\u00a0receive the \u201cFull Site Safety Training (SST) Card\u00a0by the current deadline of September 1, 2020.\u00a0In light of this, the Council will be voting to move the deadline to March 1, 2021.\u00a0\u00a0<\/p>\n

The Council will vote on\u00a0environmental protection legislation. The\u00a0bills\u00a0will require the Department of Buildings (DOB) to conduct outreach to building owners\u00a0to\u00a0provide\u00a0information regarding\u00a0energy efficiency improvements\u00a0and compliance with existing energy regulations; create the same level of water controls for the entirety of New York City, regardless of the sewage system currently in use; and create a metric to measure fuel cells for any installations happening before January 2023.\u00a0<\/p>\n

Additionally, the Council will vote to codify an office of cyber command, which plays an essential role in protecting city infrastructure from cyber-attacks.\u00a0<\/p>\n

Finally, the Council will vote on\u00a0several land use related items.\u00a0<\/p>\n

SMALL BUSINESS<\/u><\/strong>\u00a0& RESTAURANTS<\/u><\/strong>\u00a0<\/p>\n

Extends the third-party delivery platform delivery fee cap until restaurants can operate at maximum indoor capacity plus an additional 90 days<\/strong>\u00a0<\/p>\n

Introduction No.\u00a02054-A,<\/strong>\u202fsponsored by Council\u00a0Members\u00a0Francisco Moya\u00a0and Mark\u00a0Gjonaj,\u202f<\/em>would extend the fee cap for third-party delivery platforms\u00a0(Local Law 52 of 2020)\u00a0until restaurants can operate at maximum indoor capacity plus an additional 90 days. The bill also adjusts the fee cap so that\u00a0the\u00a0delivery platforms may charge restaurants for\u00a0fees they incur from third parties for processing the customer\u2019s transaction.\u00a0These\u00a0\u201cpass-through\u201d processing fees, which may be incurred by the platforms and passed along to the restaurant,\u00a0will be exempted from the\u00a0fee\u00a0cap.\u00a0The bill\u00a0provides\u00a0that a delivery platform could charge a restaurant no more than the actual cost to the platform for\u00a0processing\u00a0the transaction.\u00a0<\/p>\n

This bill would take effect immediately.\u00a0<\/p>\n

\u201cThis bill will provide our neighborhood mom and pop restaurants a temporary reprieve from the exorbitant fees charged by billion-dollar tech companies for as long as the pandemic prevents them from operating at full indoor capacity,\u201d said\u00a0Councilmember Francisco Moya<\/strong>. \u201cIt\u2019s a bit of breathing room they desperately need. We\u2019re all thankful to see the city\u2019s positivity rate slow down but restaurants\u00a0are well aware that\u00a0we haven\u2019t outrun COVID-19 yet. They know the industry will be reeling from the pandemic\u2019s effects for months to come. As legislators, we can and must make sure that they’re not grappling with exorbitant fees from these third-party food apps while they’re struggling to keep their shops on life support. I thank Council Member Mark Gjonaj for co-sponsoring both this bill and our previous legislation it builds on, which temporarily capped fees from third-party food delivery services, and Speaker Corey Johnson for his steadfast support of New York\u2019s small business restaurants.\u201d\u00a0<\/p>\n

Extends the prohibition on third-party delivery platforms\u00a0charging\u00a0a fee for telephone\u00a0calls\u00a0that did not result in actual transactions until restaurants can operate at maximum indoor capacity plus an additional 90 days<\/strong>\u00a0<\/p>\n

Introduction No.\u00a02043-A,\u00a0<\/strong>sponsored by Council Member Mark\u00a0Gjonaj,\u00a0<\/em>would extend the prohibition on third-party delivery platforms charging restaurants for telephone\u00a0calls\u00a0that did not result in an actual transaction during the call (Local Law 51 of 2020). As with\u00a0the bill\u00a0described above, this law\u00a0would be\u00a0in effect\u00a0as long as restaurants are restricted from operating at maximum indoor capacity, plus 90 days thereafter.\u00a0<\/p>\n

This bill would take effect immediately.<\/p>\n

Codifies the Commercial Lease Assistance Program\u00a0and\u00a0allows expansion of\u00a0offerings to encompass \u201cin-court\u201d legal representation for tenancy issues\u00a0<\/strong>\u00a0<\/p>\n

Introduction No. 1470-B,<\/strong>\u00a0sponsored by Council Member Mark Levine,<\/em>\u00a0would\u00a0codify the Commercial Lease Assistance Program, which is operated by\u00a0the Department of Small Business Services (SBS).\u00a0This program offers legal assistance\u00a0to small\u00a0businesses related to their commercial lease.\u00a0\u00a0<\/p>\n

SBS would be required to offer \u201cout-of-court\u201d (pre-litigation) legal assistance on lease-related matters, including the drafting and negotiation of lease terms and lease termination issues.\u00a0In addition, this bill would empower SBS to extend the program\u00a0to\u00a0\u201cin-court\u201d\u00a0legal\u00a0representation, so attorneys could assist with tenancy issues such as filing a notice of appearance in court for small businesses facing eviction. This bill would\u00a0also\u00a0require SBS to offer assistance with understanding and applying for COVID-19-related funding programs. That requirement would expire 180 days after the Mayor\u2019s state of emergency is no longer in effect.\u00a0SBS would also be required to report every two years on the outcomes of the legal services they have provided, including certain characteristics of small business tenants who have utilized the program, and a description of the types of legal matters handled by attorneys in the program.\u00a0<\/p>\n

Small business tenants are defined as those with incomes no higher than 500% of federal poverty guidelines\u00a0that\u00a0meet size requirements established by the Small Business Administration,\u00a0and\u00a0which\u00a0are not chain businesses.\u00a0<\/p>\n

\u201cOur city\u2019s small businesses are facing extinction. We need to do everything possible to help them in their fight for survival,\u201d\u00a0said Council Member Mark Levine.<\/strong>\u00a0\u201cExpanding access to counsel for our residential tenants has had a dramatic impact. We need to build on this success by expanding legal assistance for commercial tenants as well. Whether renegotiating leases for lower rent, applying for financial assistance, or defending against unfair evictions, small businesses need and deserve the benefit of an attorney. Our bill will ensure more small businesses get exactly this kind of support, by strengthening and expanding the Commercial Lease Assistance Program. We need this initiative now more than ever.\u201d\u00a0<\/p>\n

Requires reporting on businesses that received a grant or loan from the New York City Employee Retention Program or New York City Small Business Continuity Loan Fund<\/strong>\u00a0<\/p>\n

Introduction No. 1958-A,<\/strong>\u00a0sponsored by Council Member Donovan Richards,<\/em>\u00a0would require the Department of Small Business Services (SBS) to report on businesses that received a grant or loan from the New York City Employee Retention Program or New York City Small Business Continuity Loan Fund, which were created in response to the\u00a0devastating\u00a0impact of COVID-19 on small businesses in the city.\u00a0<\/p>\n

Reporting would include information on\u00a0each\u00a0business\u2019s Council District, zip code, industry type including whether the recipient is a mobile business, and the amount of grant or loan received by the business. SBS would submit the report to the Mayor and\u00a0Speaker, and\u00a0would\u00a0make the information publicly available by posting the report on its website.\u00a0<\/p>\n

ENVIRONMENTAL PROTECTION<\/u><\/strong>\u00a0<\/p>\n

Requires the Department of Buildings to conduct outreach to building owners\u00a0and provide assistance in replacing gas infrastructure<\/strong><\/p>\n

Proposed Introduction No. 1946-A,<\/strong>\u00a0sponsored by Costa\u00a0Constantinides,<\/em>\u00a0would require the Department of Buildings (DOB) to annually distribute information to buildings of all sizes, including those connected to gas lines, regarding making energy efficiency improvements and complying with existing energy regulations.<\/p>\n

This local law would take effect in 180 days.\u00a0\u00a0<\/p>\n

Related to city-wide storm water management controls<\/strong>\u00a0<\/p>\n

Proposed Introduction No. 1851,<\/strong>\u00a0sponsored by Council Member Costa\u00a0Constantinides,<\/em>\u00a0would amend the administrative code, the plumbing code and the building code as it pertains to construction projects intended to reduce the flow of storm water and waterborne pollutants into sewers that empty directly into the waters of the state or overflow into such waters due to rain or snow melt events that exceed the capacity of the wastewater treatment plants.\u00a0\u00a0<\/p>\n

As it applies to the municipal separate storm sewer system, or MS4 projects, this local law will ensure that the rules for such projects are not less stringent than the NYC MS4 permit and the NYSDEC Construction general permit. This legislation would help improve water quality throughout our region and move us towards the goal of \u201cfishable and swimmable\u201d waters. This local law would take effect 180 days after it becomes law.\u00a0\u00a0<\/p>\n

Related to marginal emissions<\/strong>\u00a0<\/p>\n

Proposed Introduction No. 1982-A,<\/strong>\u00a0sponsored by Costa\u00a0Constantinides,<\/em>\u00a0would require that, for the purposes of greenhouse gas emission limits accounting pursuant to Local Law 97 of 2019, fuel cells that are operational before January 1, 2023 will be credited compared to the electricity grid marginal emissions factor published by the New York State Energy Research and Development Authority. Fuel cells that are operational after January 1, 2023 will be credited compared to an electricity grid marginal emissions factor decided by rule by the Department of Buildings.\u00a0\u00a0<\/p>\n

This bill would also require that marginal emissions forecasts for Zone J are considered when determining the greenhouse gas coefficients of energy consumption for 2030-2034.\u00a0\u00a0<\/p>\n

TRANSPORTATION<\/u><\/strong>\u00a0<\/p>\n

Creates a livery and black car task force<\/strong>\u00a0<\/p>\n

Proposed Introduction No. 1865-A,<\/strong>\u00a0sponsored by Council Member\u00a0Ydanis\u00a0Rodriguez,<\/em>\u00a0would create a task force to study the challenges to the viability of the livery and black car industries and make recommendations for legislation to address these challenges. Among other issues, the task force would study the impacts of advertising on for-hire vehicles and its potential as an additional revenue source for for-hire vehicle drivers.\u00a0<\/p>\n

This legislation would take effect immediately.\u00a0\u00a0<\/p>\n

\u201cThe livery and traditional black car industries are in crisis and the task force will play a major\u00a0roll\u00a0in identifying suggestions and ideas to rescue them.\u00a0 These bases have serviced local communities for decades and were vital services for many New Yorkers and essential workers during the pandemic,\u201d\u00a0said\u00a0Council Member\u00a0Ydanis\u00a0Rodriguez, Chairman of the Transportation Committee.<\/strong>\u00a0\u201cI will push hard for the immediate composition of this task force. I thank my colleagues, Speaker Johnson, and the advocates for all the work they\u2019ve done to support the black car and livery industry.\u201d\u00a0<\/p>\n

HOUSING & BUILDINGS<\/u><\/strong><\/p>\n

Extends the deadline for workers to receive the complete training required to obtain a \u201cFull Site Safety Training (SST) Card\u201d\u00a0<\/strong>\u00a0<\/p>\n

Introduction No.\u00a02059-A,\u00a0<\/strong>sponsored by Public Advocate Jumaane D. Williams,\u00a0<\/em>would extend the compliance deadline for workers to complete\u00a0the required\u00a0site safety\u00a0training\u00a0courses\u00a0to obtain a \u201cFull Site Safety Training (SST) Card\u201d from\u00a0September\u00a01,\u00a02020\u00a0to March 1, 2021. This will provide additional time for workers who have been unable to complete these courses\u00a0due to\u00a0changes in course provider capacity resulting from\u00a0the COVID-19 pandemic.\u00a0\u00a0<\/p>\n

This local law would take effect immediately and be retroactive to September 1, 2020.\u00a0\u00a0<\/p>\n

Public Advocate Jumaane D. Williams<\/strong>\u00a0said, “Construction has always been one of the most dangerous jobs in New York City, with inadequate training and protection for the people who build our city. Before the pandemic and throughout it, construction works have been too often labelled as essential but treated as expendable \u2013 COVID-19 has changed the way training is administered, but not the reasons it is critical. By expanding the timeline and the opportunity for workers to access safety training, we can save lives and rebuild the eroding culture of safety in the industry.”\u00a0<\/p>\n

TECHNOLOGY<\/u><\/strong>\u00a0<\/p>\n

Codifies an office of cyber command<\/strong>\u00a0<\/p>\n

Proposed Introduction No. 1297-A,<\/strong>\u00a0sponsored by Council Member Ritchie Torres,<\/em>\u00a0would codify into the Charter the Office of Cyber Command. The Office was initially created in 2017 by Mayor Bill de Blasio\u2019s Executive Order 28. Codifying the Office would ensure the existence of the Office, which, among other things, shall establish and regularly update cybersecurity policies and standards for city agencies, train city employees on cybersecurity policies and standards,\u00a0as well as\u00a0direct cybersecurity defense and response.\u00a0<\/p>\n

This local law would take effect immediately.\u00a0<\/p>\n

\u201cThe greatest challenges we will face in the future are the pandemic, catastrophic climate change, terrorism and\u00a0cyber-attacks\u00a0on critical infrastructure. The city cannot afford to take the same complacent approach to cybersecurity that we did to pandemic preparedness. The Office of Cyber Command will ensure that the city and agencies are prepared for future\u00a0cyber-attacks\u00a0and criminals are prosecuted to the fullest extent of the law,\u201d said\u00a0Council Member\u00a0Ritchie\u00a0Torres<\/strong>.\u00a0<\/p>\n

LAND USE<\/u><\/strong> <\/p>\n

Grand Ave & Pacific Street Rezoning<\/u><\/strong>\u00a0\u2013- The applicant is seeking a rezoning and– Mandatory Inclusionary Housing (MIH) Text Amendment.\u00a0 – This rezoning would facilitate the development of a 9-story mixed-use building with 64 residential units – in Majority Leader Laurie\u00a0Cumbo\u2019s\u00a0District. The Council will be modifying this application.\u00a0<\/p>\n

52<\/u><\/strong>nd<\/sup><\/u><\/strong>\u00a0Street Rezoning<\/u><\/strong>\u00a0\u2013- The applicant is seeking a rezoning and Mandatory Inclusionary Housing (MIH) Text Amendment. The rezoning would facilitate the development of an 8 story –mixed-use building with 61 dwelling units, in Council Member Jimmy Van\u00a0Bramer\u2019s\u00a0district. The Council will be modifying this application.\u00a0<\/p>\n

### <\/p>\n","protected":false},"excerpt":{"rendered":"

The Council will also vote\u00a0to\u00a0create\u00a0a\u00a0livery and black car\u00a0task\u00a0force<\/em>\u00a0<\/p>\n

City Hall, NY\u00a0\u2013\u00a0<\/strong>The New York City Council on\u00a0Thursday will vote\u00a0four bills\u00a0to provide support to small businesses.\u00a0The first extends\u00a0the cap\u00a0on the amount of commission a third-party delivery service is allowed to charge for delivery\u00a0and all other types of charges\u00a0while a second bill will\u00a0prevent third-party delivery platforms from charging restaurants for telephone\u00a0calls\u00a0that\u00a0do\u00a0not result in\u00a0an order.\u00a0<\/p>\n

…<\/p>\n

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