As efforts continue to distribute the COVID-19 vaccine throughout New York State, Governor Andrew Cuomo said on Monday, Dec. 28, that a new issue has come to light —possible vaccine fraud by a health care provider. The State Department of Health was made aware of reports that an Orange County health provider may have fraudulently obtained COVID-19 vaccines and diverted them to members of the public, contrary to the State’s guidance to first administer the vaccine to frontline health care workers, as well as nursing home residents and staff. The State Department of Health is assisting the State Police in a criminal investigation into this matter.

 

In light of the news, the governor said he has signed an executive order that states that a health care provider can now be fined up to $1 million and lose all State licenses if they are found to have committed fraud or intentionally administered a vaccine to a person who is not eligible. “We are very serious about this, and we will not tolerate any fraud in the vaccination process,” Cuomo said. “Those who do engage in fraud will be held accountable.”

 

Meanwhile, New York Attorney General Letitia James released the following statement in response to her office opening an investigation into ParCare Community Health Network’s distribution of COVID-19 vaccines in New York. “My office is launching an investigation into ParCare over allegations that it wrongfully distributed and administered COVID-19 vaccines,” she said. “In order for the vaccine to be most effective in protecting our communities, we must all follow the same distribution plan. We will not tolerate any attempts to circumvent that process.”

 

In other COVID-related news, the governor said that approximately 140,000 New Yorkers have now received one COVID-19 vaccine dose. New York expects to receive an additional stock of 259,000 further doses this week, with 139,400 coming from Pfizer, and 119,600 coming from Moderna.

 

The State is also expanding the priority groups of individuals eligible to receive a vaccine. The expanded group includes urgent care center employees, individuals administering COVID-19 vaccines (including local health department staff) and residents of the New York State Office of Addiction Services and Supports (OASAS) facilities. Next week, the State expects to further expand the group eligible for vaccination to ambulatory care workers and public-facing public health workers.

 

The latest statewide statistics in terms of COVID-19 showed that total hospitalizations rose to 7,559. Of the 124,866 tests reported on Sunday, Dec. 27, 10,407, or 8.33 percent, were positive. There were 1,222 patients in ICU on Sunday, up 35 from the previous day. Of them, 717 were intubated. The governor confirmed that sadly, 114 New Yorkers were lost to the virus.

 

Western New York now has the fourth-lowest positive infection rate in the state, though the region previously had the highest positivity rate. “I commend Western New York residents for getting ahead of the infection rate,” the governor said.

 

Meanwhile, information on vaccine considerations for anyone with underlying health conditions is available on the CDC website.

 

The governor also announced Monday that he is also signing an executive order that will extend the housing eviction moratorium. “I will be working with the New York State legislature this week to extend the moratorium to May 1st,” he said. “No New Yorker should be evicted due to hardship related to this pandemic.”

 

On the same day, Judith Goldiner, Attorney-in-Charge of the Civil Law Reform Unit at The Legal Aid Society, released the following statement responding to the passage of the COVID-19 Emergency Eviction and Foreclosure Prevention Act (S9114/A11181). 

 

“This critical legislation — which establishes one of the strongest statewide eviction moratoriums in the country — will defend hundreds of thousands of families from eviction and homelessness,” she said. “However, the pandemic has proven time and time again to be unpredictable, and we must be ready to quickly enhance the protections afforded in this bill if the virus still poses a significant risk to the health and safety of New Yorkers come May.”

 

She continued, “The Legal Aid Society commends Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senators Brian Kavanagh and Zellnor Myrie, Assembly Members Jeffrey Dinowitz and Karines Reyes, and the rest of the New York State Legislature for supporting and passing the COVID-19 Emergency Eviction and Foreclosure Prevention Act. Governor Cuomo has already signaled support for this legislation, and we urge him to sign this bill into law immediately when it arrives at his desk.” 

 

The New York State Senate passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act on Dec. 28. State Senator Alessandra Biaggi (D-Bronx/Westchester) issued the following statement following the passage in the senate. “For the last ten months, tenants and homeowners across New York State have been in the fight of their lives, ” she said. “In the wake of a devastating public health crisis, we have watched thousands of New Yorkers organize and put their bodies on the line to prevent their families and neighbors from losing their homes.”

 

Biaggi said while it should not have taken this long to heed their calls, she was relieved that the State is finally taking a significant step to protect families from eviction and foreclosure amid the ongoing battle against COVID-19. “Although the passage of the COVID-19 Emergency Eviction and Foreclosure Prevention Act is momentous, it is not the finish line,” she said.

 

“Housing security has always been a matter of public health – and during a global health crisis it is a matter of life or death. If we are serious about keeping our communities safe, then we must commit to a multi-pronged approach that can help struggling tenants, homeowners, and small landlords long-term.” The senator added that the victory was only made possible by the tenacity and courage of tenants, housing advocates, and working families. “I will continue to stand firmly with these New Yorkers in the fight for comprehensive housing relief and justice for all.”

 

Earlier on Monday, Assemblyman Jeffrey Dinowitz, representing District 81 and chair of the assembly judiciary committee, issued a statement on The COVID-19 Emergency Eviction and Foreclosure Prevention Act, saying the legislation, which he introduced in the assembly, would alter judicial procedure to prevent evictions, foreclosures, and tax lien sales that would otherwise remove people from their homes during a pandemic.

 

“As policymakers, our top priority must be to ensure that human dignity and decency can be maintained – even during times of crisis,” he said. “Housing is a human right, and I am proud of the protections that this critical legislation puts into place. Although we still have much work to be done to get through the pandemic, such as raising revenue through a tax on the wealthiest among us, this legislation will help thousands and thousands of New Yorkers stay in their homes and the impact of this cannot be understated.”

 

The assemblyman said that the pandemic has been difficult enough on New Yorkers without the added anxiety and uncertainty of losing their homes, and that the legislation makes sure everyone, including, seniors, families, and children – whether they are tenants or homeowners – aren’t put out on the street in the middle of winter during a pandemic. “The Tenant Safe Harbor Law has already provided key protections against evictions for new rent arrears during the COVID-19 period, and this new legislation expands on that effort,” he said. “I believe once this legislation is enacted into law, New York will have the strongest housing protections of anywhere in the nation.”

 

The main provisions of the COVID-19 Emergency Eviction and Foreclosure Prevention Act are as follows:

 

• All ongoing eviction-related matters, residential foreclosure proceedings would be stayed (frozen) for 60 days. These proceedings could be further stayed until May 1, 2021 by submitting a standard hardship declaration form available to tenants, homeowners, and small landlords.
• It establishes a course of action for certain proceedings to continue where tenant may be causing a substantial safety hazard to others, which has been a significant source of contention with broader eviction moratorium proposals. Tenants would still be obligated to pay their debts and landlords can seek a money judgment through the civil courts even while the eviction stay is underway.
• It prohibits negative credit decisions to homeowners who receive a stay on a mortgage foreclosure, tax foreclosure, or tax lien sale, or if they are in arrears and file a hardship declaration.
• It extends the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption programs without requiring homeowners to actively recertify unless they may be entitled to a larger exemption, cutting red tape for some of our most vulnerable neighbors.

 

Dinowitz thanked the leadership of Speaker Carl Heastie as well as his colleagues in the assembly majority who he said had been incredible participants in the crafting of “this omnibus legislation.” He also thanked his counterpart sponsor in the State senate, State Sen. Brian Kavanagh, as well as the new State senate majority for their partnership. “I am hopeful that this legislation will be passed and signed into law imminently so that New Yorkers can be protected as soon as possible.”