Attorney General James Recovers Over $422,000 for Hundreds of Long Island Tenants Illegally Denied Security Deposits 

NEW YORK – New York Attorney General Letitia James today recovered more than $422,000 for hundreds of tenants whose security deposits were illegally withheld by Fairfield Properties (Fairfield), one of the largest residential property owners on Long Island. The real estate company illegally withheld full or partial security deposits without providing tenants with a written itemized list of deductions, inspected apartments without the tenant present, and did not allow tenants to make repairs before vacating their apartment to avoid penalties. As a result of today’s agreement, Fairfield must return security deposits that it illegally withheld to approximately 900 former tenants, including interest, and pay $90,000 in penalties. 

“New Yorkers shouldn’t have to worry that their landlord will illegally withhold money that belongs to them,” said Attorney General James. “Fairfield withheld thousands of dollars that belonged to hardworking people, and today, we are returning that money to tenants who were shortchanged. We will always go after landlords that violate the law and the rights of New Yorkers.” 

Fairfield owns and operates 196 rental buildings with 13,620 rental units in Nassau, Suffolk, and Queens counties. The Office of the Attorney General (OAG) received complaints from tenants that Fairfield was withholding their security deposits, and after an investigation, OAG found that the real estate company routinely violated several housing and tenant protection laws. 

New York law requires landlords to provide an itemized list of any deductions on security deposits within 14 days or else a security deposit must be returned in full. Fairfield withheld full security deposits or returned partial deposits without providing tenants a written itemized list of deductions. New York law also requires landlords to give tenants written notice of their right to be present when the apartment is inspected and must allow tenants the opportunity to clean or fix anything that would be deducted from their security deposit. Fairfield routinely inspected apartments without the tenant present and did not give tenants the opportunity to make repairs or clean their apartment before vacating it.  

As a result of today’s agreement, Fairfield will return $422,598.21 back to 899 former tenants who had some or all of their security deposits withheld. Fairfield will contact former tenants and send them their checks. The company will also pay $90,000 in penalties to the state and will be required to provide reports to OAG about its compliance with this agreement. The company has agreed to comply with all laws regarding security deposits and must send certificates affirming their compliance every year or whenever requested by OAG for three years. They will also train current staff on correct security deposit procedures and will provide annual trainings in the future.  

“The residents of my district deserve fair, affordable, and transparent housing options, and Fairfield abused their responsibility and trust,” said Assembly Deputy Speaker Phil Ramos. “This victory against Fairfield signifies to all wishing to conduct business here that they must follow the law and treat everyone with respect and integrity. I applaud and thank Attorney General Letitia James for her continued steadfast work to ensure all people of New York are protected and safe from abuse.”

“I applaud Attorney General James’ action to correct this injustice,” said State Senator Monica R. Martinez. “Fairfield’s arbitrary withholding of monies of hardworking Suffolk residents is unacceptable. As Chair of the Local Government Committee in the Senate, housing is a top priority and I’m committed to partnering with the Attorney General to work together on improving the quality of life of all Suffolk residents.”

“Today’s settlement reaffirms New York state’s commitment to tenants’ rights by holding predatory property owners accountable and requiring additional compliance reporting from this company moving forward,” said State Senator Kevin Thomas. “I applaud Attorney General James for successfully recovering funds that were illegally withheld from Fairfield Properties renters and demonstrating that clear violations of our housing laws will not be tolerated.”

“Today is an amazing day for housing justice! I am thankful for the great work of Attorney General James and the lengths she continues to go in order to protect New Yorkers,” said Assemblymember Taylor Darling. “There must be protections and accountability in housing, and we have zero tolerance for landlords who engage in illegal and advantageous practices especially to the detriment of tenants. This massive recovery of over $422,000 is a major victory for the tenants of Fairfield Properties located in Long Island and it is my hope that we use this momentum to bring even more justice and equity to New Yorkers across the state.”

“I am very pleased with the actions taken by Attorney General James in this matter,” said Assemblymember Charles D. Lavine. “These tenants, through no fault of their own, were denied access to their own money. With inflation causing the cost of just about everything to rise and so many other everyday stresses to contend with, they now at least have one less financial burden to concern themselves with.”  

“Over the years, my office and I have been involved in several instances involving deceptive practices whereby residential property owners were indefinitely withholding security deposits from their tenants without providing proper, itemized documentation under the law,” said Assemblymember Kimberly Jean-Pierre “.It is a shame that too often legal action is necessary to compel landlords to do right by their paying tenants, but I am so thankful to Attorney General Letitia James and her office for helping to ensure that those who violate the law are held to account and that hardworking New Yorkers are made whole and receive the security deposits that rightfully belong to them.”

“Safeguarding the rights of homeowners and tenants has been central to our work in state government,” said Assemblymember Michaelle C. Solages. “Long Islanders are fortunate to have an Attorney General that is laser-focused on addressing our regional needs and has the best interest of working-class New Yorkers at heart.”

“When renters provide security deposits, they are doing so in good faith that the landlord will return the deposit at the end of the lease if all criteria is met by the tenant,” said Suffolk County Legislature Minority Leader Jason Richberg. “As elected officials, our primary duty is to serve as the voice for our residents and ensure they are able to have faith in our institutions. A large company illegally holding back funds from residents who need it the most, including low-income families and seniors, is disappointing at best. This agreement is a message to other landlords and property owners that they will be held accountable and that this practice will not be tolerated. As always, thank you to Attorney General James and her team for standing up for our residents.”

“Enforcement by the New York Attorney General is the key to tenants’ rights actually being obeyed in the marketplace,” said Ian Wilder, Executive Director, Long Island Housing Services. “It is unfortunate that law enforcement is forced to step in to make sure that tenants are protected. As both a Fair Housing and HUD-certified Housing Counseling agency, we see that laws passed by the legislature to ensure that tenants are on equal footing with their landlords are often ignored. Tenants regularly find themselves without the resources to ensure that their rights are obeyed. We appreciate that the New York Attorney General stepped forward to protect our fellow Long Islanders.”

“We applaud Attorney General James for fighting to protect renters’ rights, a large portion of tenants across the region are young professionals, minorities, and millennials who work tirelessly to afford quality housing on Long Island,” said Dan Lloyd, Founder and President, Minority Millennials. “We should not have to stress about property owners taking advantage of us and pocketing our earnings.”

This agreement is part of Attorney General James’ ongoing efforts to protect tenants and hold bad landlords accountable. In December, Attorney General James barred a Queens property manager from locking tenants out of their homes. In November, she stopped real estate company Compass from denying housing to low-income New Yorkers. In October, Attorney General James and the Tenant Harassment Prevention Task Force announced a settlement with Greg Fournier and his real estate company, Greenbrook Holdings, for harassing tenants and engaging in unlawful practices in managing its buildings in Brooklyn. In September, Attorney General James secured $4 million from landlords after uncovering an illegal kickback scheme to deregulate apartments.

This matter was handled by Assistant Attorney General Rachael C. Anello of the Suffolk Regional Office, with the assistance of student intern Mishaal Bajwa, under the supervision of Assistant Attorney General in Charge Kimberly A. Kinirons. The Suffolk Regional Office is part of the Division of Regional Affairs, which is led by Deputy Attorney General Jill Faber and overseen by First Deputy Attorney General Jennifer Levy. 

 

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Parker accused of shoving advocate at Capitol

With help from Shawn Ness

New from New York

Happening now:

  • Michael Carey, an advocate for disabled patients and a regular presence at the state Capitol, said he was pushed by state Sen. Kevin Parker.
  • Labor chairs of the state Legislature want to do more to protect retail workers.
  • Efforts to move migrants upstate to five counties has been slow going.
  • There was a new graduating class of the State Police today.
Michael Carey, a disability advocate who is fighting for legislation on behalf of his late son, said he was shoved twice by Brooklyn state Sen. Kevin Parker at an energy committee meeting in the Capitol.

CAPITOL FIGHT: State Sen. Kevin Parker allegedly shoved disability rights advocate Michael Carey before the start of the Senate Energy Committee meeting today, according to Carey and two other individuals who witnessed the altercation.

Carey, who is known to be vocal with lawmakers, shared with POLITICO a copy of a police report he filed, which can be read here.

In it, Carey alleges the lawmaker got in his face and screamed “I don’t care,” before putting his hands on him twice and shoving him in front of a room full of people, according to the report and a subsequent interview.

At the same time the incident was unfolding, shouting can be heard on the recording of the elections committee happening next door on the Capitol’s first floor.

Parker did not respond to multiple requests for comment from Playbook.

He is known for his explosive outbursts and physical altercations, which include allegedly shoving a legislative staffer, breaking a New York Post photographer’s camera and cursing out other lawmakers. Carey said he had been completely unaware of that history, which includes being convicted of a misdemeanor for the altercation with the Post photographer.

“This is multiple situations,” Carey said. “He's a danger to other people. He was a danger to me.”

The disability advocate said the incident started minutes before the committee meeting, when he asked Parker to cosponsor a 911 civil rights bill, which he is trying to make law in memory of his son who died in 2007 at a group home.

When Parker, chair of the energy committee, said he was looking into the matter, Carey said he told Parker the issue was analogous to Martin Luther King Jr.’s fight against discrimination and reminded Parker of his son's death. Parker then yelled “I don’t care” when Carey brought up his dead son and got inches away from Carey’s face before shoving him, according to Carey.

Witnesses, who were granted anonymity to discuss a sensitive matter, said Carey was also shouting at Parker during the incident.

Carey then said he left the meeting and requested a State Police officer come to the scene. He asked the officer to inform Parker that if he apologized to Carey he would not press charges. Parker did not apologize and instead invoked his right to counsel, Carey said.

“I was kind of shocked, he didn’t apologize,” he said.

State Sen. Mario R. Mattera, a Long Island Republican who serves as the ranking member on the Energy Committee, also said he witnessed the altercation but declined to go into detail.

“There was tensions, yes, there was tensions, and it was unfortunate in a lot of ways, but that's something that Senator Parker and that gentleman need to get through, and hopefully they can,” Mattera said.

He also said it was inappropriate for Carey to take up the issue of the bill at the committee meeting instead of trying to speak with Parker in his office.

Carey said he wants a restraining order against the senator.

“I understand when people don’t deal with anger issues, they’ll go on to hurt other people,” Carey said. — Jason Beeferman

The state Legislature's labor chairs said that Gov. Kathy Hochul needs to do more to crack down on retail theft.

RETAIL CRIME IS NOT OVER: Gov. Kathy Hochul pushed hard to get a budget deal that included cracking down on retail theft, but the Legislature’s labor chairs said that state government needs to go further to protect workers.

“There were some things done in the budget regarding retail workers that were punitive and all about law enforcement,” Assemblymember Harry Bronson, a Rochester Democrat, said. “We need more than that.”

The budget upgraded assaults on retail workers from a misdemeanor to a felony. It also created dedicated retail theft teams for state and local law enforcement and added $5 million in tax breaks for store security cameras and other anti-theft expenses.

But labor advocates say they need more proactive, instead of “punitive,” measures to protect retail workers.

They’re pushing for the Retail Worker Safety Act, sponsored by Bronson and state Sen. Jessica Ramos, that would require retailers in the state to train employees on de-escalation and violence prevention tactics.

The two lawmakers also rallied for three other labor bills this week: to reduce warehouse worker injuries; to set standards for extreme temperatures while working in agriculture, construction and other industries and a third to oversee nail salon workers’ rights.

“We have a very important decision to make on whether we're going to tilt the scales towards the workers or we're going to continue to allow for the scale to be tilted towards the bosses,” Ramos said Tuesday at a rally at the Capitol. “And I say no to that. I say, ‘Yes’ to protections for the workers.”

The Retail Council of New York State is working to counter Ramos and Bronson’s Retail Worker Safety Act.

“The costly mandates proposed in the bill — including onerous recordkeeping requirements, panic buttons and additional security guards — will do little, if anything, to address recidivists entering stores with the intent to engage in illegal activity such as shoplifting and assault,” Melissa O’Connor, the group’s president, wrote in a memorandum of opposition.

Justin Henry, a spokesperson for Hochul, did not comment on the labor chairs’ bills, but instead pointed to Hochul’s comments on the retail theft earlier this month:

“No one wants to see the shops in their neighborhood boarded up because business owners simply say, ‘I can't do this anymore. It's just not working. It's not worth it,’” Hochul said at a post-budget retail theft press conference. “That threatens the very vitality of these communities, which I will stop at nothing to protect.” — Jason Beeferman

The program designed to relocate migrant families outside New York City has only relocated 283 families to five counties across the state.

MIGRANT RELOCATION: After the state launched a program to relocate migrant families moving to New York City to upstate regions last August, it has only relocated 283 families, according to the Office of Temporary and Disability Assistance, which administers the program. Read the full story here.

Only five counties have received families: Albany, Erie, Monroe, Westchester and Suffolk; all of which have below-average housing vacancy rates. Nearly 1,000 families have been put on a waiting list or were deemed ineligible after being referred to the program.

“We're pretty much maxed out. We've been maxed out. I only have 320,000 residents in this county, and we already have a housing crisis,” said Albany County Executive Dan McCoy. “We're having issues putting people in housing.”

And plans to offer bonuses and incentives to landlords to join in on the program have not been very successful. Despite those woes, the state is still committed to relocating families.

“OTDA is committed to assisting migrant families that choose to relocate through the Migrant Relocation Assistance Program,” the agency said in a statement. — Shawn Ness

The new class of 228 state troopers have graduated from the police academy.

GRAD SZN: The State Police force is now up to 4,977 officers after Hochul congratulated 228 new troopers after they graduated from the academy today.

“Today’s graduates have dedicated themselves to a life of public service and are making a commitment to serve and protect all New Yorkers,” Hochul said in a statement.

Three different awards were also presented to a select few graduates. Nicholas Krafft was given the Academic Performance Award; Matthew Grant was given the Firearms Proficiency Award; and Dominick Battaglia was given the Investigator Joseph T. Aversa Physical Fitness Award.

“Today’s ceremony is one of our finest traditions and introduces a new generation of highly trained men and women to the New York State Police. These new Troopers will serve New Yorkers with honor, integrity, and bravery, and I welcome them to our ranks,” state police superintendent Steven James said in a statement. — Shawn Ness

POLL OBSERVER PUSH: Advocates are calling on lawmakers to pass a bill to let nonpartisan groups be certified to send neutral observers to poll sites on Election Day.

“In this highly polarized context, having neutral eyes on the ground to be able to verify what’s actually happening in our polling places, which 99 percent of the time is organized and exactly as we want to it be, helps to increase transparency and to improve the public’s faith in elections,” Common Cause New York executive director Susan Lerner said.

She noted that under current law, the only people who can be certified to be observers are picked by candidates and parties.

“This seems to be a pretty straightforward and commonsense solution to a problem that occasionally arises, where a voter is improperly turned away for whatever reason,” said state Sen. James Skoufis, who sponsors the bill with Assemblymember Amy Paulin. — Bill Mahoney

MIGRANT CRISIS: Assemblymember Ed Ra and other lawmakers in the GOP minority conference are calling for a legislative hearing with New York City officials and organizations that are under contract to provide migrant-related services.

The Times Union reported on Monday about ongoing concerns with one of the key vendors, DocGo.

“This year, the state budget allocated $2.4 billion to address the migrant crisis, a considerable expansion of an expenditure for New York’s taxpayers to shoulder. Without the guardrails needed for fiscal responsibility, these funds are at risk of the fraud and abuse we have become accustomed to with emergency government contracts that lack transparency and oversight guidance,” Ra, a Long Island Republican, said in a statement.

Republicans are also calling for the passage of one of Ra’s bills that would mandate the reporting and auditing on how money for migrant programs are being spent. It is co-sponsored by fellow Republicans. — Shawn Ness

— Two New York Democrats have reintroduced a federal bill that restricts the public’s access to body armor one day after the two-year anniversary of the Buffalo Tops shooting. (State of Politics)

— State legislators are working on passing a bill to incentivize emergency medical service providers to keep working. (Times Union)

— The Seneca Nation of Indians is still in tense negotiations with the state on its compact. (POLITICO Pro)

Greater East Buffalo Family of Parishes Bulletin for 05/12/2024

The parishes in the bulletin include St. Stanislaus, St. John Kanty, St. Adalbert, St. John Gualbert, St. Katharine Drexel, and Corpus Christi. Click here for