Amid the ongoing pandemic, the Bronx has been labelled the hardest hit borough. From a health perspective, though the number of actual deaths was not the highest in the City at 4,884 people, the borough’s COVID-19 death rate per head of population is the City’s highest, so far, at 0.34 percent. Staten Island’s COVID-19 death rate is 0.26 percent, Manhattan’s 0.20 percent, Brooklyn’s 0.30 percent, and Queens 0.33 percent.

 

But the borough’s economy has suffered badly too. Last summer, as reported, State Comptroller Thomas DiNapoli released a report and accompanying statement, substantiating the similarly harsh impact on its economy. “More than a year of sustained damage caused by the COVID-19 pandemic has taken a toll on the Bronx, throwing it off its pre-pandemic course,” he wrote. “The road to recovery will take time, and it is crucial that the State and City ensure that the Bronx receives its fair share of assistance to address the serious damage it has sustained.”

 

As reported, on Jan. 4, New York City Mayor Eric Adams signed a “Small Business Forward” executive order to reform existing business regulations, with the aim of helping local businesses face fewer and what were described as “needless” fines and penalties.

 

Two days later, on Jan. 6, a virtual townhall was held to specifically address the needs of Bronx business owners with their economic recovery. Moderated by Michael Brady, chief executive officer of the Third Avenue Business Improvement District (BID), the event was held in partnership with the NYS Department of Health, Empire State Development, NYC Department of Small Business Services, and various Bronx business organizations.

 

Participants included Rep. Ritchie Torres (NY-15), Bronx Borough President Vanessa Gibson, and Small Business Services Commissioner, Jonnel Doris. One point that was emphasized by the event organizers was the obligation of business owners to making sure their employees were vaccinated.

 

According to NYC Department of Health & Mental Hygiene (DOHMH), workers in New York City who perform in-person work or who interact with the public in the course of regular business  had to show proof by Dec. 27, 2021, that they had received at least one dose of a COVID-19 vaccine. The same workers have 45 days to show proof of their second dose (for Pfizer or Moderna vaccines). During the call, an example of one such worker was given in the form of a bookkeeper who, it was mentioned, could potentially carry out their work remotely or in an isolated environment. The employer, therefore, would not be obliged to ensure such a bookkeeper was vaccinated.

 

However, it was not just the regulations addressing public health protections which appeared to confound business owners. There was also a general consensus by townhall participants, which included some business owners, that there were hundreds of other laws [some claimed thousands] governing businesses in New York City which confuse and baffle the business community.

 

Newly sworn-in Bronx Borough President Vanessa Gibson said she wanted business owners to know that City-level lawmakers have been trying to reduce the number of laws that govern the operation of a business and pointed to last year’s enactment of Local Law 80 (LL80) as an example.

 

This law amended the City’s administrative code to reduce penalties and allow “opportunities to cure certain violations” like the requirement to recycle plastic, laws on carryout bags, fees for certain licenses, and even the sale of certain plumbing fixtures, water supply valves, and gauges that utilize mercury. The goal, she said, was to avoid every single infraction causing a business owner to be fined.

 

“Our effort and our goal was to provide as much relief to small businesses as we could,” Gibson said. “We had the city council team look over 6,000, ladies and gentlemen, 6,000 regulations [that local businesses] are subjected to in terms of fines, rules, [and] regulations.” She added, “We were able to identify 180 infractions that we felt did not impede on anyone’s public health nor public safety.”

 

Gibson also made clear that it was not that business owners wouldn’t be held accountable for violations, but that the first course of action would not be automatic fines or punitive measures. In some cases, a warning would be the first step by City inspectors, followed by additional education. In the context of the discussion, Gibson said she was encouraged by one of Adams’ first actions as the City’s top executive. “I am grateful … [because] Mayor Eric Adams did announce the executive order, which was an expansion of Local Law 80 of the laws of 2021,” she said.

 

Adams’ executive order will require, within three months, specific City agencies to identify the 25 violations that are responsible for the greatest number of summonses and fines issued to small businesses, and to submit the following for review:

• recommendations for which violations should be reformed via the following methods: a) elimination b) fine schedules scaled back c) allowance of a “first time warning” and/or d) allowance for a “cure period” for first-time violations;
• if no reform action is recommended for a violation, provide an explanation as to why the status quo should be maintained e.g. serious health or safety risk;
• identify the necessary actions needed for such reform e.g. rule-making, City legislation, State legislation, etc.;
• review and update violation tracking systems, inspection procedures and trainings, and the language on summons tickets in order to ensure each agency is prepared to introduce cure periods and first-time warnings for violations in compliance with this executive order;
• the establishment of an inter-agency working group which includes each enforcement agency, to be chaired by the deputy mayor for economic and workforce development and the Small Business Services (SBS) commissioner, to review agency submissions and oversee the ensuing business regulatory reform process.

 

Meanwhile, Torres described small businesses as “the anchor and the lifeblood of our economy,” and emphasized the importance of reducing burdens on that community. He said he saw a way for such businesses to survive the pandemic, and added that as a former city council member, he knew many of the business owners in his district firsthand. He reiterated that he continues to hear from them that government regulations, whether local or federal, hinder economic growth.

 

“I will admit that we, in government, have to be more thoughtful when crafting regulations that affect small businesses,” he said. “When we put together regulations, we have to ask ourselves, ‘Do the costs outweigh the benefits?’  Intentions are one thing, but consequences are something else.” He asked, “Are we passing laws that will have unintended consequences…that will undermine small businesses?”

 

Indeed, in September, as reported, the move to implement permanent outdoor dining sparked further debate among the community about its unintended consequences from a quality-of-life perspective, despite its clear benefits to business owners.

 

Meanwhile, as of Jan. 6, the New York Forward Loan Fund was continuing to accept applications to assist those impacted by COVID-19. The State-run program targets small businesses with 20 or fewer full-time equivalent employees, nonprofits, and small landlords that have seen a loss of income or rental income. If approved, these loans need to be paid back over a five-year term with interest.

 

Organizers of the townhall wrapped up the session by providing attendees with a list of links to various resources which help explain the various COVID-19-related regulations. These include how to accommodate workers who remain unvaccinated (because of religious or medical exemptions, or because they are not dealing directly with the public), as well as tips on how to plan and operate a business under “the new normal.” Below is a partial list of these resources:

 

Frequently Asked Questions – Businesses and the Vaccine Mandate

https://www1.nyc.gov/assets/counseltothemayor/downloads/Key-to-NYC-FAQ.pdf

 

Frequently Asked Questions – NYC Key to NYC Regulations

https://www1.nyc.gov/assets/counseltothemayor/downloads/Key-to-NYC-FAQ.pdf

 

NYC Accommodations for Employees

https://www1.nyc.gov/assets/doh/downloads/pdf/covid/vaccination-workplace-accommodations.pdf

 

The New Normal – Adapting Your Business

https://www1.nyc.gov/assets/sbs/downloads/pdf/businesses/covid19/sbs-businessadaptationplaybook.pdf

 

For more information on the New York Forward Loan Fund and to apply, go to: https://www.connect2capital.com/partners/new-york-forward-loan-fund/.

 

For more information, including information on small business grants, business owners can refer to NYC Department of Small Business Services: https://www1.nyc.gov/site/sbs/index.page.

 

Local businesses can also sign up to receive regular newsletters issued by Mosholu Preservation Corporation with useful information for small businesses by emailing: jeromegunhillbid@gmail.com.

 

*Síle Moloney contributed to this story.