45 minute read
SECTION BUILDING 29C 4240 HUTCH. RIVER PKWY E.
Co-op City Times / February 5, 2022 Judge’s Decision ––––––– (Continued from page 4)
sued in Federal Court in a class action consisting of former employees alleging their employment contracts violated the Fair Labor Standards Act. That was the decision of Judge Koeltl at 35 F.Sup.3d 513, August 1, 2014. It is undisputed that MSI was responsible for these employee contracts and that Riverbay was not. New York State regulations hold that plaintiff, as the then managing agent of Co-op City, was responsible for all “day-to-day operations, management and employment related matters” under NYCR Section 1725-3.3, and that Riverbay should not interfere with their performance of these duties. The contract between the parties provides that plaintiff is “responsible for compliance with all applicable laws”, that would include local, state, federal laws, codes and ordinances. And Article 9 provides that the contract may be terminated “by Riverbay”... “effective immediately”...” if the managing agent shall fail or refuse to comply with or abide by any rule, order, determination, ordinance or law of any federal, state or municipal authority.” So, Judge Koeltl found the contracts to be in breach of the Fair Labors Standard Act and thus in violation of New York State and Federal Law. And all that means is that plaintiff, who is in charge of and had sole responsibility for the illegal employment contracts, violated the law. And because violation of the law grants Riverbay authority to terminate its within its rights to terminate plaintiff maybe. The issue is that a letter from the Division of Housing and Community Renewal advised Riverbay that plaintiff was improperly removed as the managing agent and should be reinstated. Although DHCR had the authority to reinstate plaintiff itself, it did not and subsequent replacement. This inaction and sub removal of plaintiff allegedly pursuant to a contract they are best resolved by a jury determination. tion, two breach of contract as to other contractual requirements and the third is negligence.
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First plaintiff seeks summary judgment dismiss asserts it has no duty to indemnify defendant for graph 16 of the contract provides that plaintiff would “defend, indemnify and hold harmless Riverbay, anything related to the Fair Labor Standards Act it was pressured to pay. The same paragraph of the contract calls for the payment of fees for “personal injuries, illness, wrongful death and property dam asserts that violations of the FLSA and the New York Labor Law do not conform to any of this, but as the Court previously noted a few moments ago, the contract called for plaintiff to adhere to all applicable law, and plaintiff was found to have breached New York State and Federal Law. This implicates the breach of contract portion of the clause in the contract, but it remains to be determined whether Riverbay itself breached the contract by terminating plaintiff. If such a determination is made, then a serious question would arise whether Riverbay would be entitled to breach of contract based on this the Court cites the L-U-E case, 94 A.D.3d 386. Department held that – that a contractual indemni mature to determine whether plaintiff is obliged to indemnify Riverbay for expenses and costs related dismissing that counterclaim is denied. counterclaim asserting that plaintiff breached its contract by approving the contracts without River cording to the record, it was noted that as of that date millions of dollars in contracts were placed every regulations and the contract between the parties hold that insurance contracts be bid upon whenever possible, and that all insurance contracts in excess of $100,000 be approved by a board resolution signed by the board president, forwarded to the DHCR for contrast plaintiff claims that the contract did not contain any mention of board approval for contracts in excess of $100,000. However, the contract provides that “the managing agent is authorized after approval by a majority of Riverbay board of directors”...”to procure contracts for the proper maintenance, repair Document 191, page 7, Section D dealing with contract procedures. Furthermore, 9NYCRR 17728-4.3 which governs actions by housing company managers like plaintiff, provides that “prior approval by the New York Division of Housing and Community Renewal is required for purchases or contracts of $100,000 or more.” So, besides a clear contract and statutory language, plaintiff has admitted that it approved of tens of millions of dollars worth of don me. And it is unlikely that this would ever be allowed to occur without some form of approval from either Riverbay or relevant New York State au law require approval for contracts, and defendant procured contracts without any form of approval. Just a moment. Although defendant is the non mov summary judgment on the counterclaim that plaintiff breached the contract by not obtaining Riverbay board signoff prior to approving the contracts.
Finally defendant – plaintiff rather moves for terclaim asserting that plaintiff was negligent with nances, avoid labor disputes and ensure compliance argues that the governing contract exempts it from liability arising out of the payment of wages or compensation, namely that Article 6 provides that it shall not be responsible for wages or compensation. This does not exempt plaintiff from responsibility under New York State regulations as the then managing agent of Co-op City for all “day-to-day operations, management and employment related matters with – 9 NYCRR Section 1725-3.3. In the past the New York State Department of Housing and Community Renewal had removed a Riverbay board president this policy by intruding into employment matters.
Article 6 of the contract between the parties also provides that the managing agent shall hire “all responsible for recruiting, selecting, hiring, supervising, evaluating and terminating all staff and also that it would “negotiate and administer contracts”. The labor relations section provides that plaintiff was responsible for promoting a “positive working relationship environment to execute the best possible labor agreement.” Last, all “applicable personnel...under staff at Riverbay... will report to the executive general manager” who is “employed by” document number 256 under “job descriptions, duties and responsibilities”.
In August of 2014 Judge Koeltl, as I mentioned earlier, issued a decision in an action over labor employment issues brought by many Riverbay employees against both plaintiff and defendant. The District Court held that both parties violated the FLSA and similar provisions of the New York Labor Law. Ultimately Riverbay alone settled this action for $6,250,000 because plaintiff declined to pay.
Federal Court found that “There is no dispute” that the employees were paid for compensation time instead of cash for overtime hours. That was page that this was “not expressly authorized and courts have generally concluded that this is...not permit that regarding the two plaintiffs, their compensation time claims are “uncontested... from which no reasonable inference can be drawn other than these two plaintiffs were provided comp. time in lieu of cash overtime for time worked...constituting uncompensated overtime under the law...and plaintiffs are entitled to summary judgment for liability under fed Furthermore, the Court stated that regarding four, F-O-U-R, plaintiffs they had a “proper basis for summary judgment” for their claim of failure to be paid nighttime differential pay which also violated federal and state law.” That was page 530 of Judge
So, Judge Koeltl found enough evidence of labor and employment violations to justify granting summary judgment. The contract between the parties here, plaintiff and defendant, provides that plaintiff is “responsible for compliance with all applicable laws.” NYSCEF Document 256, page 14. The labor practices found to be illegal in Federal Court involved employment practices between 2001 and 2013, a period when plaintiff acted as managing agent of Co-op City and had complete control over labor policies and practices. The fact that Judge Koeltl found the contracts in breach of the FLSA and the New York Labor Law, and thus in violation of state and federal law, means that plaintiff, who was in charge of and had sole responsible for the illegal employment contracts violated the law. plaintiff full control over employment related mat summary judgment is denied. Indeed, once again although defendant is the nonmoving party, the re managing the employment related matters for Riverbay compel this Court to grant Riverbay, the defendant and nonmoving party summary judgment on its negligence counterclaim.
So this case is not over. There remains a trial to be held. And the jury will consider damages on the counterclaims that the Court has – on which the Court has granted, reversed summary judgment for defendant. I wish counsel well and all their loved ones. And thank you very much.
MR. KHADER: Your Honor, will this order from the bench be uploaded or should we request it from Ms. Sacco?
THE COURT: There will be a gray sheet probably handwritten summarizing what the Court did for the reasons stated on the record. It is traditional or typical for counsel to order the minutes and then – and then use them appropriately to enforce the order listed in the gray sheet.
MR. KHADER: Thank you.
the above-captioned stenographic minutes.
NYC Housing Preservation & Development (HPD) will Exemption (SCRIE) for shareholders who had to reapply because their applications were mailed to the incorrect address and, as a result, they received denial letters.
As previously reported, HPD, administrator of the SCRIE program for Mitchell-Lama shareholders, is aware of the address error, and is allowing those who were denied, to resubmit their application and supporting documents. plication can email RiverbayFinance@riverbaycorp.com or come to the reception desk in the Bartow Administration Building at 2049 Bartow Avenue for an application. Since cation application as soon as possible.
For assistance completing and mailing the new application, please contact JASA at (718) 320-2066 for an ap assisting shareholders. Shareholders may contact the as an appointment. If no one is available, leave a detailed message and the call will be returned.
For shareholders who qualify for the exemption, it will be retroactive to the cut-off date, Dec. 31, 2021.
In the meantime, shareholders who are reapplying (pre-January 2022) carrying charge bills by the 10th of the month to avoid late charges. Their current SCRIE subsidy is effective until March 2022, and by then, they should be reinstated, in which case, SCRIE will pick up the increase portion of their monthly carrying charges from January ever, will result in the shareholder being back-charged the SCRIE subsidy from January 2022.
Community Protestant Church and NY Common Pantry’s Nourish supplemental food program are teaming up to provide free food packages to eligible seniors on Thursday, Feb. 10, 10 a.m.-12 p.m.
Eligible participants must be over 60 years old, be a New York State resident, and have monthly income of no more than $1,396 or $16,744 annually. Social Security award letter, bank statement or self-declaration income may be provided.
Community Protestant Church is located at 1659 East Gun Hill Road, Bronx, NY 10469. For more information about this program, please call (917) 982-2562.
Co-op City Times
In response to the recent rise in COVID-19 transmission in New York City, The New York Public Library has paused all in-person programming and events at their locations through . Branches are still open and offering general library use and seating, unlimited browsing, laptop and computer access, and more. Find an open location near you at NYPL.org. Masks are required for people ages two and up at all NYPL locations.
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do not panic. Staying calm will increase chances of survival. Remember that smoke rises. It also kills. Even if you can tolerate the smoke while standing, it is safer to crawl to the door. Brace your shoulder or foot against the door and open with extreme caution. Should you be confronted with a high concentration of super-heated air or smoke, immediately close the door. If the hall is passable, use one of your pre-designated escape routes. Do not waste time gathering personal belongings – shut the door and take your key. Do not use the elevator. It may stall due to heat or loss of power. If you must use an inside stairwell, check for smoke before entering the stairwell. If the stairwell is safe to enter, WALK downward, do not run. Hold onto the wall or handrail to prevent falling. If you must remain in the apartment, wet towels and/or sheets and place them around the door.
The best thing an shareholder can do is to practice safety at all times – never block windows or doors with heavy fur
After you have safely exited the building, go to your outside meeting place and stay there. Call the Fire department. If someone is trapped in the building, notify the Fire department. sheets around the door to keep smoke out. Call the Fire department and tell them where you are. Fire department evacuation of a high-rise building can take a long time. Communicate with the Fire department to monitor evacuation status.
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We welcome letters to the editor only from Co-op City shareholders at .
Letters should address issues of interest to the Co-op City community. Comments should be fact-based and responsible. Letters should not personally attack others and must be written in a respectful manner.
Only signed letters will be considered for publication. The Co-op City Times does not publish anonymous material.
Submissions must include the writer’s address and phone number – which ity and residency of the writer can be
Thank you for your cooperation.
Co-op City Times / February 5, 2022 7 CCPD Advises Everyone to Buckle Up with New Seat Belt Laws in Effect for the Past Year
BY LIEUTENANT PAM APOLLO
The Department of Public Safety would like to remind all readers that as of Nov. 1, 2020, New York State has enacted a new seat belt law. This law has been in effect for just over one year. It is necessary for all passengers, regardless of age or seat location, riding in a motor vehicle to be properly buckled in with a three-point seatbelt. This law adds that adults sitting in the rear seats of a vehicle must wear a seat belt. Previously, only passengers under age 16 seated in the rear seat were mandated to wear a seatbelt. Adults were only previously required to wear a seat belt if seated in the front seat of a vehicle.
This law may seem annoying, but it will actually save lives. We often hear of drivers being ejected from vehicles. In ordinary circumstances, an occupant will not be ejected from a vehicle if wearing a properly fastened seatbelt. Today’s vehicles are designed to withstand a variety of different types of collisions, including rollover crashes, while keeping the driver and passengers safe, if restrained by a seatbelt.
Seatbelts will prevent the wearer from being thrown from the automobile in the case of a collision. Today’s automobiles are designed to keep the passenger compartment intact in the event of a collision. Without a seatbelt, you will not remain within that safety zone. Unsecured persons in a vehicle continue to travel at the vehicle’s speed until they strike a solid object within or outside the vehicle. Internal organs of the unbelted person then collide with the skeletal system causing serious internal injuries. An unbelted person also serves as a projectile and can cause injuries to other persons in the vehicle. A person properly restrained stays within the vehicle’s safety zone and comes to a slower stop, thereby minimizing injuries.
When used correctly, wearing a seat belt reduces the risk of fatal injury to front seat passenger car occupants by 45%, and risk of moderate-to-critical injury by 50%. For those riding in the rear of vans and sport-utility vehicles (SUVs) during a car crash, rear seat belts are 73% better at preventing fatalities, according to the National Highway Transportation Safety Administration (NHTSA). Wearing a seatbelt properly means wearing it across your lap and chest. Placing
Public
Safety the shoulder belt under your arm or behind your back reduces the effectiveness and is also illegal. According to NHTSA, of the 37,133 people killed in motor Report vehicle crashes, 47% were NOT wearing a seatbelt. According to NHTSA 2017, an estimated 14,955 lives were saved by seat belts. been in effect for just over one year. It is necessary New York was the first state to pass a law which required vehicle occupants to for all passengers, regardless of age or seat location, wear seat belts, a law that came into effect on December 1, 1984. Airbags are not riding in a motor vehicle to be properly buckled in with a substitute for seatbelts and are designed to be used in connection with seatbelts. a three-point seatbelt. This law adds that adults sitting in An airbag comes out of the steering wheel or dashboard at a speed of 250 miles the rear seats of a vehicle must wear a seat belt. Previously, per hour. Without a seatbelt, the force of an airbag can cause serious injuries only passengers under age 16 seated in the rear seat were to the front seat passenger and driver. Wearing a seatbelt in a vehicle equipped mandated to wear a seatbelt. Adults were only previously with airbags will minimize injuries in otherwise life-threatening collision. required to wear a seat belt if seated in the front seat of a vehicle. Motor vehicle accidents are the number one killer of children. It is very important that all drivers are aware of the rules and regulations regarding the appropriate restraint system for passengers of all ages. Using the proper car seat greatly increases children’s safety when they ride in a vehicle. Every person riding in a vehicle should be appropriately buckled up every time you drive your vehicle. Remember, children 12 and under must always be seated in the back seat of your vehicle. Children under 9 years of age should be in a car seat for their age and weight. Children under the age of two are required to be in a rear facing car seat designed for their height and weight.
New York’s Occupant Restraint laws require the following:
Children up to the age of 4 must be properly restrained in a federally approved child safety seat that is attached to a vehicle by a seat belt or universal child restraint anchorage (LATCH) system. Children less than age 4 but weighing more than 40 pounds may be restrained in a booster seat with a lap/shoulder safety belt. However, a child safety seat that accommodates higher weights can be used. Children ages 4, 5, 6 and 7 must be properly secured in an appropriate child restraint system, one for which the child meets the height and weight recommendations of the child restraint manufacturer. An appropriate child restraint system is one that meets the child’s size and weight recommended by the manufacturer. A vehicle’s safety belt is not a child restraint system. Children riding in booster seats must be secured with a combination lap/shoulder seat belt; NEVER secure a child in a booster seat with only a lap belt. It is recommended that booster seats be used until your child is 4 foot 9 inches tall or weighs 100 pounds. Children over age 8 and adults must be restrained in a seat belt whenever they ride in a vehicle. All passengers must be properly restrained at all times, regardless of age. Children 12 years and younger should ride in the back seat. Simply buckling up your child in the back seat reduces his/her risk of death by 33%. Never put a rear facing infant seat in the front seat of any auto. Almost every vehicle manufactured today has driver and passenger side airbags. Some cars have manual or weight sensitive disable switches but mechanical devices can fail in some situations. The airbag can propel the car seat into the seat back with enough force to seriously injure or kill the child. Never hold a child on your lap
Public Safety Blotter
January 23 - January 29, 2022
January 23 – 100 DeKruif Pl.
CCPD Emergency Service Unit responded for a female in distress. FDNY EMS responded and transported the female to Jacobi Medical Center for treatment.
January 24 – 4120 Hutchinson River P’kwy East
A shareholder reported an assault by her boyfriend as well as her vehicle her injuries.
120 Dreiser Loop
CCPD Emergency Service Unit responded for an elderly female in dis tention.
January 25 – 100 DeKruif Pl.
ported that items were missing after workmen were within the apartment
100 Erskine Pl.
CCPD Emergency Service Unit responded for an individual in mental distress. Shareholder stated they were stressed from an argument with their spouse. FDNY EMS on scene and transported the shareholder to Jacobi Medical for evaluation and treatment.
120 Bellamy Loop
FDNY and Con Ed responded to the front of the building for the odor of gas. Con Ed advised the odor emanated from the gas line and remained on scene to correct the condition.
January 27 – 140 Alcott Pl.
FDNY responded for a smoke condition. FDNY reported that an unknown lit object was thrown into the garbage chute causing the smoke. After further investigation, the condition was corrected. No damage to Riverbay property reported.
January 28 – 140 Casals Pl.
by an unknown individual from her front door.
Debs Pl. Townhouses
balcony. After further investigation, the male was aware that the apartment was vacant and was seeking shelter from the cold weather. He was subsequently arrested.
140 Benchley Pl.
A shareholder reported that his oversized package was removed by an unknown individual from the mailbox area of the lobby.
(Continued on page 27)
OPPORTUNITIES AT CO-OP CITY
For information on CONTRACT OPPORTUNITIES ONLY, please contact: Lenya Garcia at Lgarcia@ .com; and Anatoliy Budnitskiy at abudnitskiy@ riverbaycorp.com. Please note: emails should be sent to both parties. Please DO NOT email resumes for EMPLOYMENT OPPORTUNITIES to the aforementioned emails. For EMPLOYMENT OPPORTUNITIES,
CONTRACT OPPORTUNITIES
There are no contract opportunities to list this week. Please check back.
EMPLOYMENT OPPORTUNITIES For employment opportunities, please search “Riverbay Corporation” at the following sites: www.Indeed.com www.Glassdoor.com
Candidates may review full position descriptions and apply directly at either site.
Current Riverbay employees should submit a transfer request and resumé directly to the HR department.
Thank you for your interest in working for Riverbay Corporation.
Co-op City Times / February 5, 2022
Call Center Update and Laundry Room Service and Etiquette
Dear fellow shareholders,
Hope that everyone is staying safe and healthy.
In September of 2019, Riverbay opened a Call Center as a way to improve service delivery by streamlining our processes to allow our cooperators the ability to reach personnel for various concerns. This allowed cooperators to make appointments, discuss issues personal to them with respect to their homes or building.
We used newer technology to bring about a more 13 agents and have steadily increased this number to address the volume of calls that come in, especially during the air-conditioning season. Unfortunately, we are still dealing with concerns that continue to hamper the stellar service we, as cooperators, expect and deserve.
When we look at service delivery, we take into account that the Call Center supports calls that come in for Restoration, Finance, Maintenance, Extermination, Contractors, Central Stores and Human Resources while managing resources with 19 employees during a pandemic. As residents, we are the heart of our community. The Call Center, under the direction of several key personnel (Associate Director Lutitia Matthias, Director Vanessa Aldea and Deputy General Manager Warren Mitchell) are identifying areas of opportunities that we hope will drive a better working center that will take us into the air-conditioning season with minimal interruptions in obtaining services.
The Call Center is in constant contact with all de mation that allows them to better communicate with our cooperators. Management is constantly training our agents building on skills sets to create a better trained staff. We use empathy and creative problem solving as a way to personalize every call and make adjustments as needed to improve service. We are also looking to integrate the emergency night desk so we don’t have messages that say “you have reached Co-op City police.” Management continues to work with our agents to create a better connection to our cooperators along with having checks and balances in calling our cooperators at random to ask them if
We still have supply issues due to the pandemic that is a pain point for us due to the delays it creates in delivering services. Missed appointments is a great concern and we are working to minimize this. Keeping our shareholders informed has to be our main focus. I am not going to make excuses, but instead share with you opportunities in managing expectations as we move forward towards giving our cooperators what they need to ensure their quality of life, good quality housing and living, and home safety. Our expectations are that if you see something that is not correct, if you are met with resistance, or even a lack of sense of urgency, say something.
Many have expressed concerns with broken washing machines and I share your pain. Our Janitorial director, Joshua Blake, is in constant contact with CSC, our contractor. Our expectation is that we have two repairmen on duty to address repair issues that are brought to Management’s attention on a daily basis. It is expected that we have two repairmen on during the day and one on weekends. Here are some concerns: • The inverters on the machines go bad because of over loading, over soaping and misuse. • The pumps go bad because of objects left in pockets, coins, clips, etc. • Motors on the dryers go bad because of overloading and misuse. • The smaller machines do not require a lot of water or detergent due to the drain valve connection to the outer drum removing the dirt for maximum effect. Therefore, pouring buckets of water does not make your clothes cleaner, it disables the machine. • We should have 12 laundry carts in the laundry room, but in some buildings, we see less, mostly
because they are taken out of the laundry room and not returned. safe and healthy. • If the TV is out of service or broken, we are alIn September of 2019, Riverbay opened a Call lowed replacement of the tv. The Janitorial person who goes in every day to report the disabled machines should report it, but as cooperators, we should as well.
What are we doing, and can do, to ensure we have minimal outages:
• Janitorial is posting signage on laundry etiquette in English and Spanish in all buildings. • Check clothing before putting into the washing machines for items that can potentially cause a breakdown. • Be considerate of your neighbor. If you are washing or drying clothes, be mindful of the time as there may be someone waiting to use the machine. When cooperators remove someone else’s clothing, it may create a problem. We don’t want or need neighbors having altercations with other neighbors. Remove your clothes at the designated time to allow everyone fair use of the machines. • Management averages 35 breakdowns a day which is considered normal out of 1,300 machines. Janitorial continues to review and address alternatives to repair delays. If the machines are beyond repair, they must be replaced. • We will be reintroducing the laundry etiquette video on our Co-op City channel 591. • We are looking at ways to regulate access to the laundry room. Many complain that outsiders are using our machines. The machines are solely for the use of cooperators who live here. As shareholders, we have to be respectful of each other. As a community, we have to watch out for one another. If you have any questions or concerns, you can reach me on 917-992-7311. You can also reach me sfeliciano@riverbayboard.com. Stay well and be safe.
We are Shareholders First – We Matter.
Moderna Vaccine Receives Full FDA Approval
BY BRANDON ORTIZ
fully FDA approved. August. against the COVID-19 pandemic, marking the second vaccine approved to prevent COVID-19. The public can be assured that Spikevax(Moderna) meets the FDA’s high standards for safety, effectiveness and manufacturing quality required of any vaccine approved for use in the United States,” Acting FDA Commissioner Dr. Janet Woodcock said in a statement this week. “While hundreds of millions of doses of Moderna COVID-19 Vaccine have been administered to individuals under emergency use authorization, we understand that for some individuals, FDA approval of this vac to get vaccinated.”
As a reminder, the Moderna Covid-19 vaccine is administered in two doses given four weeks apart. A booster shot ing their second dose of the vaccine. The Moderna vaccine is also authorized as a single dose booster for individuals using a mix and match approach with their Covid-19 vaccinations.
The most common side effects reported for Moderna vaccine recipients were: pain, redness and swelling at the injection site, fatigue, headache, muscle or joint pain, chills, nausea or vomiting, swollen lymph nodes under the arm and fever. time understanding the potential risks of two rare side effects from the Moderna vaccine called myocarditis and pericarditis. by the body’s immune system responding to a viral infection or another cause heart muscle, according to the CDC.
The FDA found that most of the individuals with myocarditis or pericarditis had their symptoms resolved, according to their review of the data, while some individuals required intensive care support. carditis and pericarditis in individuals 18 years of age and older,” the FDA said. them. Additionally, individuals can text their ZIP code to 438829 for a list of vaccine sites near them.
Co-op City Times / February 5, 2022 No Surprises Act Protects Individuals from Surprise Medical Bills
BY BRANDON ORTIZ
A new law went into effect last month that protects individuals from incurring surprise medical bills.
The new law, which is called the No Surprises Act, is two-fold. First, the law protects individuals who are covered under group or individual healthcare plans from receiving unexpected bills from providers who are not a part of the individual’s healthcare network. Second, the new law establishes an independent review process for individuals to dispute healthcare charges and provides dispute opportunities for uninsured or self-pay individuals who incur unexpected medical bills. demographics to have protection against surprise medical bills by law, and now that law has expanded to protect all consumers.
Surprise medical bills can happen when an insured individual receives care from a facility or provider that is not a part of their healthcare coverage. The individual is then stuck paying more money for that care than they would have with an in-network provider because their provider will only pay a portion of the bill. Additionally, that same person could also be billed by the out-of-network provider for the difference between the total bill and the amount their healthcare plan already covered, which is a process called balance billing.
Fortunately, under the No Surprises Act, balance billing is considered a surprise medical bill and individuals are therefore protected against such bills.
Uninsured individuals or individuals who decide not to use their health insurance for a particular service can often ask for a good faith estimate up front of what that care will cost, according to the new law. faith estimate, then the individual has 120 days to
Below is a rundown of what kind of protections insured individuals can expect from the No Surprises Act: if the service is an out-of-network provider. ments for most emergency and some non-emergency services. Individuals also cannot be charged more than the in-network cost-sharing for services. for specific services such as anesthesiology or radiology, which are sometimes administered by out-of-network providers despite being inside an individual’s in-network facility. vide potential patients with easily accessible information regarding the patient’s billing protections and who to contact if the person feels that a provider or facility has violated their protections. Patient consent is also required to waive billing protections, meaning patients must both receive notice of and consent to balance billing.
Individuals interested in learning more about the No Surprises Act can go online to cms.gov/nosurprises or call the Center for Medicare and Medicaid
HUD ––––––––––––––– (Continued from page 1)
application, which could transform Co-op by bringing in over $100M in revenue for capital repairs that are long overdue.”
Last April, at a press conference held in Co-op City, Senator Schumer and Congressman Bowman announced they had penned a joint letter to Secretary Fudge requesting HUD to streamline the application community. Since that time, work has continued tional documents and follow-up meetings among HUD, Co-op City’s mortgage lender Wells Fargo, Riverbay executive management team and attorneys representing all parties including Riverbay General Counsel Jeff Buss.
“I’ve worked with Senator Schumer to advocate mained in close touch with Riverbay Corp.,” stated Congressman Bowman. “Just last week, we met with the Riverbay Corporation lawyer to inform him of our next advocacy steps and from that conversation, it was clear that the Federal department that oversees housing must urgently fast-track Riverbay Corp.’s application to maximize relief and support for Co-op City shareholders. I am calling on Secretary Fudge to expeditiously approve this application on behalf of our neighbors in Co-op.”
In their April 2021 letter to Secretary Fudge, Senator Schumer and Congressman Bowman wrote: “Given the current low interest rates, Co-op City cantly save on interest payments going forward and provide funds for immediate and long-term capital improvements, such as replacing aging convectors. would provide between $90 and $100 million for immediate capital repair, and annual savings of $800,000 in mortgage payments.”
In the Management Report to the community pub Co-op City Times, Executive General Manager Bob Klehammer described pandemic-related supply chain disruptions that have negatively impacted Riverbay Corporation’s budget as well as steps taken over the past two years of ers while continuing to provide services. In a Q&A depending on when the new mortgage loan closes, it could provide Riverbay with approximately $120$123M in proceeds since the community has paid down that amount over the last ten years. “The loan proceeds can only be used for future capital projects as outlined in a recently completed Capital Needs Assessment (“CNA”) that we are required to perform every 10 years under the terms of our existing mortgage,” Mr. Klehammer explained. Fiscal Year 2022-2023 for current capital projects and provide relief to Riverbay’s operating budget primarily higher natural gas prices,” Mr. Klehammer wrote. erbay to fund its reserve accounts, which, according to the CNA completed late last year, would amount would be a combination of maintenance increases and decreases in our operating budget, primarily by a reduction in staff and services.” Mr. Klehammer cautioned that Riverbay’s cost of doing business will continue to go up given rising prices for fuel, supplies and materials that the corporation requires to deliver services to shareholders, along with ongoing supply chain challenges. “As such, a reforecast of future budgets will be necessary as we may need to adjust costs based on the changing circumstances,” said Mr. Klehammer.
Free Income Tax Prep Assistance for Seniors
Assemblyman Michael R. Benedetto, in conjunction with the Iona College Accounting Department, is once again offering free income tax preparation for seniors 62 years of age or older who reside within the boundaries of his district (Co-op City, Throggs Neck, Morris Park, Pelham Bay, and City Island). Tax documents can ginning on Monday, Feb. 7.
This service is limited to seniors who meet the following criteria: Simple tax returns only! Complete copies of 2018 federal and state returns must be included Name, Social Security number, and date of birth of all people claimed on the return as taxpayers and dependents
Please disclose if there have been any changes in taxpayers or dependents from your 2020 return, such as birth or death of a taxpayer or dependent.
Seniors are encouraged to bring all their tax at 3602 East Tremont Ave., Suite 201, or 177 Dreiser Loop, Rm. 12, between 10 a.m. - 3 p.m., Monday through Friday. Service is limited to respond as soon as possible.
Tax returns are prepared by student volunteers from Iona College as a service to the community. All returns will indicate that they were prepared by a non-preparer. For more information, please contact Assemblyman Benedetto’s
capital budget, Management will have more latitude when reforecasting FY 2021/2022 and a cushion for a long and exhaustive process that spanned several tion HUD to open the 223F program to co-ops and condos. Prior to August 2011, the 223F program, the Federal Housing Administration (FHA), was only open to rentals, not condos and cooperatives, such as Co-op City. Then there was more extensive work to familiarize HUD with Co-op City’s supervi requesting top loss guarantees from the city and state of New York. Senator Schumer was integral in those initial negotiations as well on behalf of Co-op City. require waivers from HUD in that some qualifying requirements may be impacted by the ongoing Covid-19 pandemic. City with $60M for then-immediate capital projects over the course of the loan, improving shareholders’ quality of life through critical capital repairs and reducing future monthly carrying charges.
With interest rates expected to go up this year, the push is on to get HUD to move along review and theless, Wells Fargo projects the loan may close at of our debt service should be close to what we are paying now and what is already included in our budget,” Mr. Klehammer reported. “Also, with the loan proceeds to be deposited into a reserve account, the corporation will have the funding in place for all and beyond.”
Co-op City Times / February 5, 2022
I Do, You Do, We Do, We All Do, We All Prosper
Open up…
When you are “open,” you can unlock the doors to endless can unlock the doors to endless
opportunities. opportunities.
Open your heart… Open your mind… Open the door to what is possible for you…
Greetings, Shareholders, Co-operators, Residents, Neighbors, Friends and Partners.
Start here… Our Votes Matter; Our Organizations Matter
To follow the lead of the “Black Voters Matter” Movement, our goal and creed must be to increase power in predominantly Black and Brown communities. Effective voting allows a community to determine its own destiny. The key to effective civic engagement and community power is understanding, respecting and supporting local infrastructure. Black and Brown Voters Matter not only on Election Day, but on the 364 days between election days as well. Black and Brown Voters Matter *everywhere,* including rural counties and smaller cities/towns (i.e., Co-op City – a city within a city) that are of cal parties and the media. So, share this with your family and friends now, please don’t wait. Keep up-to-date on the John Lewis Voting Rights Act (I will offer more information in upcoming viewpoints).
Our Own Infrastructure
It is not only for the largely popular rallies that we must show up in big numbers – we must show up for our building associations and committees. It is there that we should be receiving information about our community. It is easier now than ever before, you don’t even have to leave your front door. Just pull up to your computer screen or take your phone out of your pocket and click the link. Don’t understand that? “Now’s a good time to learn,” as my grandmother used to tell us. This is how you will become informed. This is how you bring in our young people. Grab your grandson and granddaughter and have them “join the Zoom meetings with you,” tell them you need their “techy (pronounced tek-kee) wisdom.” This is how we can solve our challenge of uniting the generations. When you get involved and involve your children, their children, etc., this is how the Board can grasp what you want and communicate what you want back to the governing authorities (i.e. Riverbay Management). This is how we can bring the information and knowledge back to you. Countless others of you are standing by, watching and listening. I am asking you to step up and do JUST - A - LITTLE - BIT more.
Understand How “We” Work
Each Riverbay committee is chaired and cochaired by a Riverbay Board member. Each building can and should be represented in these committees. When you “show up,” this will give you information to take back to your respective building association. You then share the information you retrieve from the committee meetings with your neighbors and fellow shareholders and, at the next committee meeting, you bring your feedback and, hopefully, you will have answers and positive responses to your needs. Do you see how this works? It’s not about putting a Board of Directors in place and then seeing what we will do. It’s about being a responsible shareholder after seating a responsible, caring, knowledgeable Board (which you have done), then interacting with your Board and committees not just to complain, but to learn and to contribute your talent or the smallest of ideas and as a result of that, you will be contributing to your community and making your community a better more sustainable place to live. You will be laying the foundation of the next 50 year celebration. Let’s go!
My Promise, Your Undertaking
Previously, I promised to talk more about the structure of building associations and their importance to this community. I am doing that. Will you meet me half way by doing your part? Make a list of phone numbers of each of your neighbors, and create a list for each apartment (just on your , in the event of an emergency. These actions strengthen us, protect us and show our children how to live in a cooperative community. Make a copy of the list that you create. Keep it with your building association. If your building does not have its association in place, then you do it. Need help? Come aboard a Zoom Meeting with another building association. I am happy to offer the services of Building 21 and the Section 4 Partnership of Co-op City. Look for those articles and it’s as easy as sending us an email. We are here to help. This is “our duty” collectively. This is how we use what we’ve got, to get what we want, so that we have what we need going forward. This is our chance to save this community for generations to come.
Happy Black History Month! 25th Annual Celebration today at 3 p.m.!
We hope you will join the African-American Association of Co-op City today at 3 p.m. for its 25th Annual Black History Program. We will celebrate our fallen heroes of the struggle for justice and civil rights in all areas of life. Some, you will know; some, you will learn about. All worthy of your time and increased historical knowledge. That’s today at 3 p.m. Arrive early, space is limited.
AAACC Zoom Meeting link and information:
Meeting ID: 828 8641 7953, Passcode: 187413, Dial-in: 1-646-558-8656.
Thank you for reading my viewpoint. I can be reached at mmarbury@riverbayboard.com.
Shareholder, Co-op City community, it has never meant more than now. Let’s get it done!
Each one of us divided by all of us equals a force for good.
Jan. 29 Nor’easter Packed Heavy Snow and High Wind Gusts
Gun Violence –––––––––––– (Continued from page 1)
and get our courts at full capacity. And we will invest in those longer-term the Mayor went on to say. its tirety online at nyc.gov:
Policing:
Creation of Neighborhood Safety Teams
The New York Post. gun violence occurs.
Spot Checks at Key Entry Points Into the City
into the city.
Crisis Management System (CMS):
Equip CMS violence interrupters With Proper Resources
More Career Opportunities For Young People:
Summer Youth Employment and Engagement Program for Summer 2022
Focused Approach to Community Hiring Practices
Bail Reform:
Give Judges the Ability to Take a Defendant’s Dangerousness into Account
defendant who may pose a potential threat to the community.
More Transparency from Judicial System
Mayor’s plan.
District Attorneys:
Expedite Cases Involving Gun Charges
a new policy that would move cases involving guns or gun violence to the top
Appeals For Changes to Federal Laws:
If you SEE something, SAY SOMETHING!!! 718-671-3050 Co-op City Public Safety
Director’s Viewpoint –Director’s Viewpoint Mary Pearson, Assistant Secretary
Continuing Saga
The Bus Stop. I’d like to tell you that the BxM7 saga is over, but it isn’t. We still have cars parking in the bus stop at all hours and we are still threatened with its possible loss if we continue to let that happen. I’ve seen cars parked in the stop since the snowstorm. But the snows have melted so… Call 311 – especially if you have a view from your apart
When the prompts ask, “What’s yer problem, lady,” or something of the sort, tell the robot “illegal parking.” You’ll be directed to an agent. Tell the agent cars are parked in the bus stop on Einstein Loop East. Could patrol cars please come by to ticket them. The address? That’s 135 Einstein Loop, Bronx, NY 10475.
The RAMP. It looks like it’s all but a done deal that the Hutchinson River Parkway northbound exit ramp to Bartow Ave. will be constructed. We were promised otherwise but our boyfriend lied to us. All of the Board and 99 and 44/100% of the community is against it. The holdouts mistakenly believe a ramp won’t. A ramp would disrupt the bike path, bring extra noise and pollution to our cooperators in Chevron Building 32, serve only the Bay Plaza Shopping Center and Mall, and do it on the taxpayers’ dime.
But the biggest issue is “unintended consequences.” It’s feared that the construction of this ramp could cause harm to our underground infrastructure: The conduits that supply Section 5’s 4,458 families with their telephone and cable lines, heating and air conditioning means, water, and electricity. The whole enchilada. If, say, the electric lines are damaged, that means no elevator, no water being pumped up to the
We’ve been assured the construction will have no impact on our underground infrastructure, but our Board president’s not buying it. He’ll continue to downsides and the downsides of this project far outweigh the positive upside.
There’s an upside? The Ramp could – just maybe Bartow Avenue. That could – just maybe – make driving home to the Bellamy, Cooper, and Dreiser Loop garages a tad easier. But I doubt that Albany gives a hoot about any of that.
The Metro-North. So why is Albany so hot on the idea of ramming the Ramp down our throats; something we neither need nor want? The excuse is, it will enable drivers coming from outside the area to more easily reach the Co-op City Metro North Railroad station. There would be no need for that if additional south-of-the-tracks station platform access were incorporated into the plan along with the Erskine-side-of-the-tracks access. (Email me for a “Presentation” arguing that point…to death.) Nobody crowded area – milling about looking for parking that does not exist – when there’s a simpler alternative. But do you know what we do need?
Garage 9. No matter how you slice it, even if Borough President Vanessa Gibson gets her way and pop up at each of the four new Metro North stations, Section 5 needs another garage. Garage 9 cannot continue to be a pipe dream. Management’s been asked to provide the long-awaited feasibility plan to make it happen, and when it does, please be assured: .
Section 5 Waterside Walkway. Resolution #2124 says, in essence, “give the area a four-season water view, fer jiminy sakes.” It passed unanimously in May 2021. Fifteen yeses, no nos. Not to be confused with the Waterfront Park that has been wrangled over for years, all it would take to make this Waterside Walkway come to be, would be to extend the path,
plop down some benches, and clear the brush. I used you that the BxM7 saga is over, to add “plant a few more trees” but that’s really not but it isn’t. We still have cars necessary. We have gorgeous trees along the waterside in Section 5. Pretty new fencing would probably have to wait until shoreline climate change resiliency money comes through. But in the meantime, wouldn’t it be nice to be able to see the water in a season Now that the fencing’s coming down, planning could start. That’s right. When I stopped grousing last year over the overly extensive fencing slapped up to save time and money, cutting off the existing pathway, I was not just , I was by Management, aka Bob Klehammer, that we’d get started on the project this spring. The Groundhog has Spoken – Bring on the Goats! (Long story.) 1.) If residents of Triple Core Building 29 don’t want benches by the building, no one’s forcing them on you. 2.) Folks worried about kids hanging out? Wouldn’t you rather have them hangout by the water than under your portico? 3.) Worried about the expense? Money’s tight but we’re not talking about a lot of money. When it passed last May 26th, we were told we didn’t even need a resolution, it could be handled in-house. So, let’s handle it! Board Development. The last time we were sent away for a weekend-long Board training, it cost each apartment 67 cents. This year, we Zoomed instead and it was quite effective. Personally, though spending money to sharpen the Board’s skills is, to me, a wise investment of time and money, I prefer attending meetings where you just need to dress nicely from the collarbone up. I say: plan shorter, more frequent sessions, and send me a pizza. There’s no place like home. Stay well. Stay safe. I can be reached by voice or text at 718-219-2211 or by email at mpearson@riverbayboard.com.
Better Business Bureau Scam Alert This Book Exchange is More Than it Seems
If you love to read, you’d jump at the chance to receive dozens of books in the mail. But think twice before you respond to a social media post about a suspiciously generous book exchange. It’s really a pyramid scheme!
How This Scam Works
You see a post or get a message on , , or another social media platform about a book exchange. The post may come from a trusted friend or a family member. All you need to do is provide your name, email, and the names and contact information of a few book-loving friends. Then, you’ll send one book to a stranger who already signed up. In return, you’ll receive 36 books from people around the globe.
Cool, right? Wrong. This kind of gift exchange is actually an illegal pyramid scam. The book exchange may work initially, but eventually, new people will stop participating or responding to the messages. Then, new recruits will never receive the books they were promised. In addition, you’ll have handed over your personal information – and that of your friends – to a complete stranger.
How to Avoid Fake Website Scams
• Ignore plays on your emotions. Don’t fall for pleas to participate in a book exchange because you’ll be “brightening someone’s day” or “paying it forward.” Think about it logically. Is it sustainable to give one book and receive 36 in return? Offers like these are sure signs of a pyramid scheme. • Too good to be true? There’s probably a catch. We all like to get things for free, but don’t let this cloud your judgement. Keep in mind that any program that offers big returns for a small contribution is probably doing something illegal. • Guard your personal information. Never give your name, address, email, or other sensitive information to a stranger. This will make you vulnerable to other scams and identity theft. • Report social media posts that promote pyramid schemes. If you spot a pyramid scheme on social media, report it by clicking “report post” or “report photo.”
Report Scams
If you’ve spotted a scam (whether or not you’ve lost money), report it to BBB Scam Tracker. Your report can help others avoid falling victim to scams. Learn how to spot a scam at BBB.org/SpotAScam.
Co-op Creatives –––––––
(Continued from page 3)
clothing racks on Fordham Road crammed with dresses and leggings built to hug the brown and black body positive. Why should we experience beauty and life without the mess that comes with being female? I once bled onto the seat of a taxicab but damn you should meet my son
a 6 foot vessel of golden brown skin, light, compassion, poetry. He is my sun, my shade when I am joyful, and my shelter on the sad days.
