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Newsletters 2008
April
Betsy Gotbaum This Week
April 28, 2008
Real People, Real Problems, Real Results, Case #1
A frantic Queens man, the father of two children, ages 6 and 7, called my office for help after Con Ed turned off his electricity because of a $724 unpaid bill. The man was able to scrape up $300 for immediate payment, but Con Ed insisted that he pay the full amount. One of my ombuds staffers, Elsa Suazo, contacted Con Ed on his behalf. She negotiated a down payment of $350 and worked out a plan by which he would pay the balance in $35 increments, along with his monthly bill. Con Ed promptly restored his electricity.
Real People, Real Problems, Real Results, Case #2
In January, an exasperated Staten Island woman contacted my office as a last resort. For years, she said, she had endured a large pothole in front of her driveway. She added that multiple complaints to appropriate city agencies had gone nowhere. The pothole, she further alleged, often was filled with stagnant water, and over time it had caused more than $1,000 in damage to her car. She provided us with copies of her requests for repair and several 311 reference numbers. On her behalf, we contacted the deputy commissioner for the city Department of Transportation (DOT). Three months later, DOT's Staten Island Roadway Maintenance Division contacted us to say that, finally, the pothole had been repaired.
More Change Needed at DOB
I testified last week before a joint hearing of state Assembly Committees on Cities, Codes and Housing. While I commended the city Department of Buildings (DOB) for implementing important changes in 2007, I pointed out that the recent series of construction fatalities and injuries shows that far more needs to be done, both by the city and the state. I'm encouraged that the mayor has demanded accountability from his commissioner, and it's time DOB demanded accountability from the builders it oversees.
Among other things, DOB needs to close the gap between violations issued to architects and engineers and the disciplinary action taken against them. Between Sept. 17 and Oct. 15, 2007, the first month of its new Special Enforcement Plan, DOB issued violations to 62 percent of self-certification sites reviewed. It also issued objections to 81 percent of self-certification plans audited. Yet in all of 2007, disciplinary action was taken against only four professionals. Without disciplinary action, the system lacks accountability and enforcement. A guard dog with a big bark but no bite is of little use.
Please click here for my full remarks.
Survey: Parent Coordinators Still Hard to Reach, Unlikely To Return Calls
Five years after my office first surveyed the city Department of Education's (DOE) school-based parent coordinators, my follow-up study shows that they are even more difficult to reach and more unresponsive to parent phone calls.
The fact that parent coordinators are increasingly ineffective is just disturbing. DOE created this program in 2003, saying it would help parents navigate the school system. For funding, DOE eliminated 800 full-time classroom aides and thousands of hall and cafeteria monitors. There are about 1,200 parent coordinators, and they average $38,138 in pay, receive a cell phone and $500 a year for expenses. At very least, they should be able call parents back in a timely manner.
Key findings of my study, which surveyed 100 parent coordinators:
• 78 percent did not answer calls
• 71 percent of messages were not returned
• 13 percent could not receive messages because of full voicemail boxes, no voicemail or non-working phone numbers
• On its website, DOE provided no contact information for 12 percent of parent coordinators.
Read the news release here.
For my recommendations and full report, "Is Anybody Listening?" please click here.
Have a great week!
Betsy Gotbaum This Week
April 21, 2008
Real People, Real Problems, Real Results
A Bronx woman, 44, e-mailed my office for help in having her motorized wheelchair repaired. She had contacted a repair service two months before, but the service insisted that it had no loaner wheelchair to give her in the interim -- and therefore the repair had to wait. She made repeated calls during the two months, but the answer never varied: No loaner. When Tommy Lin, one of my ombuds staffers, called the service on her behalf, he too was told that no loaner was available. Later that same afternoon, however, we received a call saying that, serendipitously, a suitable motorized wheelchair had just become available. The repair service promised to contact the Bronx woman to make arrangements to deliver the loaner. Her regular chair now is being fixed. Sometimes, just a call from the Public Advocate’s office is enough to get New Yorkers the help they need.
New Bill to Fight Mold and Pests, Reduce Allergens
In the City Council last week, I introduced the Asthma-Free Housing Act of 2008, which is designed to reduce asthma allergens in city apartments. The city Department of Housing Preservation and Development has no established, enforceable protocol for mold assessment and remediation. My bill, co-sponsored by Councilmember Rosie Mendez, amends the Housing Maintenance Code and requires agencies to set up minimum standards to prevent and clean up health risks.
The bill was drafted with the help of the Coalition for Asthma-Free Homes, which includes the American Lung Association of the City of New York, the Fifth Avenue Committee, Make the Road New York, the New York Immigration Coalition, the Northern Manhattan Improvement Corporation, the Urban Justice Center and WEACT for Environmental Justice. Other co-sponsors are Councilmembers Michael McMahon, Melissa Mark-Viverito, John Liu, Leticia James and Anabel Palma. You can watch the videocast here.
In December, 2006, I released "Unhealthy Exposure: Mold in NYC Homes," a report that documented a dramatic increase in mold complaints. Since then, mold complaints have continued to increase. I recommended then that the city update building and maintenance codes and better enforce existing regulations. That report can be found here.
Banking Guide Helps New Yorkers Manage Money
Last week I, along with Community Service Society (CSS) of New York, released a Guide to Banking in New York City. It's a bilingual, reader-friendly guide that promotes financial literacy. It encourages New Yorkers to open bank accounts rather than use high-fee check cashing centers, and it warns against income tax "Refund Anticipation Loans," which carry high interest rates. One goal is to help New Yorkers decide how to make the most of tax refunds, Earned Income Tax Credits and economic stimulus checks. It also provides basic information about types of banks and accounts as well as international wire transfers, money orders, overdraft protection and on-line banking.
In releasing the guide, CSS and I were joined by the East River Development Alliance, a non-profit group that works to expand economic opportunities for public housing residents in Western Queens. The guide can be found here.
To help New Yorkers choose banks that best meet their needs, my staff examined more than 100 types of accounts in 38 banks and seven credit unions, comparing fees for regular checking, interest checking, savings and basic accounts. Ratings of city banks are here.
Bill of Rights for Cell Phone Customers Advances
The City Council Committee on Consumer Affairs held its first hearing last week on my Bill of Rights for Cell Phone Customers, which would require stores selling mobile phones and mobile phone services to post notices that plainly state the amounts and terms of all fees. We all know what it feels like to come across a complex, confusing contract. Many times, fee information is not clearly provided in the contract or in the store. This bill will eliminate the secrecy surrounding cancellation, restocking fees and other costs. We are pleased to work with the city Department of Consumer Affairs to strengthen the provisions of this bill to ensure that consumers can make informed decisions.
Apart from fees, the notices would specify whether the store is an independent dealer or a wireless provider, disclose any available discounts and advise customers that they have the right to retain their phone number if they change wireless providers within a given area. Co-sponsors of my bill are Councilmembers Leroy Comrie, John Liu, Gale Brewer, Lew Fidler, Vincent Gentile, Alan Gerson, Letitia James, Oliver Koppell, Miguel Martinez, Michael Nelson, Annabel Palma, James Sanders Jr., David Weprin and Thomas White Jr. Read the bill here.
Save the Date: Youth Gang Forum April 28
I invite you to take part in a roundtable discussion on "Our Youth and Their Gangs," which is to take place Monday, April 28 at the Highbridge Recreation Center Gymnasium, 2301 Amsterdam Avenue, Washington Heights. Time is 4 p.m. to 7 p.m. By bus, take the M101 to West 173rd Street and Amsterdam Avenue. By subway, take the A, C or No. 1 train to West 168th Street & Broadway. Walk north to West 173 Street, turn right and continue to Amsterdam Avenue. Please RSVP or call 212-669-7200.
Have a great week, and Happy Earth Day!
Betsy Gotbaum This Week
April 14, 2008
Real People, Real Problems, Real Results
Human error caused a disabled Staten Island man to lose pension benefits from the New York City Employee Retirement System (NYCERS). The man's sister called my office for help. She said that her brother, who suffers from debilitating back and neck injuries, had been out on Workers Compensation from the city Department of Transportation (DOT) and had been receiving Social Security Disability. Then, she said, DOT mistakenly terminated his benefits. One of my ombuds staffers, Tevina Willis, intervened on the man's behalf. It turns out that DOT payroll personnel mistakenly coded the man as "terminated" for not passing probation. In fact, he was out on leave. But the incorrect code prevented him from receiving his NYCERS disability pension. After several letters to DOT and NYCERS, DOT corrected the code. NYCERS then said, in writing, that the man's application for disability pension benefits will be processed.
Senior Services a Priority
It was a true pleasure last week to take part in an AARP event in the Bronx, since improved access to senior services has long been one of my priorities. Given seniors' ever-increasing numbers, we must focus on the best way to help them access services they need. Among other things, we now face serious senior housing issues: The shortage of affordable housing will only worsen as more and more baby boomers reach retirement age. One option is shared housing. I recently visited a group of Staten Island women who benefit from this program, which enables residents to pool resources. However, a report issued by my office last month found that 83.8 percent of seniors surveyed were unaware of such living arrangements. The city, clearly, needs to do more to get the word out about alternative housing.
As for me, I'd like to get the word out about an excellent program for older New Yorkers called ReServe, which began about two years ago. I discussed the program with Herb Sturz, one of its creators, at a meeting last week. ReServe matches experienced older adults with stipend-paying employers in the non-profit and public sectors, enabling the workers to use their skills for the public good. For more information, please visit the ReServe website at http://www.reserveinc.org/.
Another matter of interest to seniors is the Caregiver Bill, which I introduced in the City Council in 2007. It would prohibit employment discrimination based on an individual’s actual or perceived status as a caregiver. It also would require employers to make reasonable accommodations for caregivers.
Questions Remain on "Reorganizing" Senior Centers
I was among those who strongly suggested that significant changes to senior services, including a "reorganization" of senior centers, be postponed. It's good that the city announced last week that some reforms would be phased in, rather than abruptly put in place. I recently spoke at the city Department for the Aging (DFTA) budget hearing about the proposed changes, which amounted to a sweeping overhaul of senior centers. I also took part in a news conference on the same issue last Thursday on the steps of City Hall. The question weighing most on my mind is this: If DFTA reorganizes senior centers into a system of regions, closing some senior centers, what happens to the seniors who attended those centers? The answer remains elusive. DFTA indeed should proceed with caution here, since such drastic change may have serious long-term consequences. We cannot afford to jeopardize services on which so many seniors rely.
DOE Arts Education Needs Closer Look
I have numerous concerns about the city Department of Education (DOE) approach to arts education, many of which I raised last week at a City Council hearing. For example, we are told that the city Department of Education (DOE) will contract with a consultant to help collect data for its 2007-2008 report on arts education. It wasn't clear, however, whether this would be a no-bid contract. As I've said previously, DOE relies far too much on costly no-bid contracts. The current arts report also indicates that arts will be included in principal performance reviews. But we weren't told how DOE ensures that principals meet state requirements. And it's well and good that 92 percent of schools have art rooms, but it isn't clear how many of those rooms actually are used for art.
The report includes a survey on arts education to which 75 percent of schools, or 939, responded. An additional 10 percent provided limited feedback. The survey's introduction says that it "will help the DOE identify underserved schools and develop targeted supports for them." My concern is for the 15 percent of schools that didn’t respond at all. Aren’t they likely to be underserved as well? Stay tuned....
Betsy Gotbaum This Week
April 7, 2008
Real People, Real Problems, Real Results
A Brooklyn man turned to me for help after the New York City Housing Authority (NYCHA) threatened to terminate his family's right to live in subsidized housing. The man, 72, lives with his two sons, one of whom is severely disabled. NYCHA mailed him repeated notices, saying that each month he was obligated to complete eight hours of community service. He was told that if he or his son failed to do so, they could face eviction. Several times, the man had asked that he and his son be exempt, but each time NYCHA refused. Veronica Castelan, one of my ombuds interns, contacted NYCHA on the man's behalf. Having reviewed the applicable rules, she pointed out that residents indeed are exempt if they are more than 60 years old, if they are medically disabled or if the resident can prove that he or she is the primary caretaker of an elderly or disabled family member. In this case, it appeared that the entire family is exempt. Days later, NYCHA agreed.
Immigrant Crime Victims Should Apply for U-Visas
Last week I urged immigrants who are crime victims to apply for U-visas, a federal program that provides temporary legal status and other benefits. I also urged nearly 1,000 immigrants who received interim status under this program to file for final status before the April 14 deadline. Far too often, crimes against immigrants, especially women and children, go unreported because of fear of deportation. In fact, the temporary status afforded by U-visas may lead to permanent status, and the program deserves to be better known.
To qualify for U-visas, applicants must assist in investigating and/or prosecuting such crimes as rape, torture, trafficking, prostitution and kidnapping, as described in the federal Victims of Trafficking and Violence Protection Act of 2000. Regulations for issuing U-visas were put in place last October. We should do everything we can to make sure applications are certified when appropriate. Toward that end, I have asked the city Administration for Children's Services and the police department to designate sufficient staff to ensure that more victims get help.
In making these calls, I was joined by the City Bar Justice Center, Sanctuary for Families and the Children’s Aid Society. My detailed news release on this vital matter can be found here.
DOE Must Encourage More CTE Programs
I spent time at Alfred E. Smith High School in the Bronx last week to help focus attention on the importance of CTE schools. What many people do not know is that Career and Technical Education schools require their students take the regent exam as well as earn a certificate of proficiency in many other skills: automotive engineering, carpentry, and computer tech, for example. Thus CTE schools provide ways for young people to learn skills at the same time they study traditional subjects. Many of the students receive internships and join apprentice programs as part of their schooling.
Congestion Pricing Vote
Last week's City Council vote in support of congestion pricing was important for the future of New York. Congestion pricing has the potential to generate billions of dollars for transportation improvements, not to mention improve air quality. Today, Albany has the chance to follow our lead and ensure that congestion pricing moves forward so that the Metropolitan Transportation Authority can make necessary improvements to the public transit system. Congestion pricing goes a long way toward giving all New Yorkers a better quality of life. It's a critical component of a greater, greener, more livable New York.
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