Report past illegal conversion of a manufacturing space. /N 3 Report past illegal conversion of a residential space. Even as a pandemic eviction moratorium shields many New Yorkers, the citys housing agency has ejected scores of tenants from basement apartments and other unauthorized dwellings, records show. /Info 19 0 R During the pandemic, New York Attorney General Letitia James issued guidance to police statewide, urging them to enforce unlawful evictions as a criminal matter if they had probable cause. City of New York. This article appeared in the May 6th edition of Crains New York Business. ( N E b # x ' Pendstream Participants in this survey will not receive further communication from the City with regards to this survey. They were there for an arrest.. In the report, Officer Christopher Sokol of the 101st Precinct reported Mifsud for the misdemeanor of ILLEGAL EVICT. The report states that officers personally observed Holnesss apartment had no heat or electricity. /XObject << /Im13 24 0 R >> Some states are very strict with landlords who rent illegal apartments to tenants. The NYPD always or almost always will send it to Housing Court as a housing matter. The time to act is now.. That is, the C of O will state what purpose each floor may be used for. This is a change from the previous minimum of 8 feet, thanks to the recent revision of the city's building codes. Former Mayor Bill de Blasio established a pilot program in 2018 to bring a section of unregulated basement units in East New York, Brooklyn, up to code, but he cut funding for the program by 92% in the pandemic. That reduced the goal of assisting 40 homeowners down to just nine already approved. Between Feb. 3 and March 2 2021, Holness filed complaints with the citys 311 system 14 times, records show, reporting that her apartment had no heat, gas, electricity, smoke detector or carbon monoxide monitor. The room complies with the requirements of the Housing Maintenance Code for rooms not located in the cellar or basement, e.g., minimum room size. If a tenant is defending against a case like this, the best option would be to review the court papers for language seeking a money judgment and, if such language is in the court papers, file a motion to dismiss the case. The bills have support from moderate and progressive Democrats in both houses, including Queens Sen. Jessica Ramos, Manhattan Sen. Brad Hoylman and Assemblyman Richard Gottfried. Threats of eviction are not only illegal, but also damaging to the well-being of New Yorkers. Perhaps there are no standard size windows in a basement or no exit in case of fire. For assistance with your ECB/OATH violations, illegal basement violations, gas company violations, gas boiler violations, or any plumbing building violations in NYC, call John Farr at 917-324-2535. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. 2022 All Rights Reserved, NYC is a trademark and service mark of the City of New York. In another, a landlord allegedly cut the power and water to a tenant in a bid to evict them. Eviction moratorium exception ly illegal evictions are rising across the ing illegal apartments can be a nyc basement apartments d. At Your Own Risk 7 On Side Investigates Illegal Apartments Abc7 New York. To change the text size on NYC.gov you can use your web browser's settings. Paying Rent Rent Reduction for NYCHA and Section 8 Rent Freeze for Seniors and People with Disabilities Landlord-Tenant Mediation Project Eviction >> Newark has free . Some tenants have become homeless after their basement apartments were exposed. /Filter [/FlateDecode ] Contact the Housing Division: General Housing information (914) 377-6527. A group of Queens officials who have lived in basement apartments themselves said Wednesday that calls to remove such units are not realistic. On Sept. 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, applying to residents earning less than a specified amount, the order banned evictions for. You can simply stop paying rent, and challenge him to evict you. 11-17-2010, 06:05 PM. By law, landlords who try to evict tenants by harassment, intentionally cutting utilities or changing the locks can be arrested, issued a summons, and even go to jail for up to a year. C Z\" To recap our example, we have a two family house where the tenant lives month to month with no lease on the second floor; the landlord lives on the first floor; and there is someone living in the basement which is not designated for dwelling purposes. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue(s). Why Are Slashings Surging in City Jails? startxref Other illegally subdivided areas of an apartment, house, or a building. As is often the case, a tenant is renting the second floor apartment, while the landlord lives in the first floor apartment. One big thing youll find here in NYC, especially in Queens and Brooklyn, are people living in illegal basements. The question is, however, can a tenant be evicted if someone is living in an illegal basement? Then on March 10, Holness sued Mifsud in Housing Court with the help of a Legal Aid Society lawyer, seeking emergency repairs. The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the City Council. After they left their apartment, they spent two days in Corona Park before Norma called her brother in Brooklyn to ask for a place to stay, according to Norma. You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses. Its not that we left, we were kicked out, as if we were worthless, said Luis. Now comes the interesting part. Renters face immediate eviction, and landlords can receive up to $25,000 in fines. She left the rehab facility this past May, during the pandemic, and was homeless. Hochul signs carpet, rug recycling bill, Judge orders developer to sell old P.S. Im not getting no help from the cops she added. Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. A spokesperson said that generally cases are sealed because the charges were dismissed or defendants pleaded guilty to a non-criminal violation such as disorderly conduct. The landlord was arrested and charged, though his criminal case was dismissed. By submitting your email, you agree to our Terms and Privacy Notice. Holness withheld her rent in February because of the persistent utility shutoffs, according to evidence she later offered in a Housing Court case she filed against Mifsud. The illegal basement apartment is a different concern. Doctor Urged NYCHA Arsenic Tests After Patients Death. And then I was just thinking to myself, there is no justice for people here that are Black, Holness said. (914) 377-6560 8:30 am -4:30 pm. THE CITY contacted every borough district attorney for information on all cases since January 2020 that include the charge of unlawful eviction. The basement is occupied by only members of the family or families occupying the dwelling. You should be contacting an attorney to follow the proper eviction proceedings and save yourself a criminal charge in the process. A basement has at least one-half of its height above curb level, while a cellar has less than one-half of its height above curb level. Housing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing). July 29, 2020. >> Occupants of illegal basement and cellar apartments may be ordered by the City to vacate or leave any illegal basement or cellar apartment. HPD launched a pilot program, the Basement Apartment Conversion Pilot Program (BACPP), in partnership with Cypress Hills Local Development Corporation. #vuU7d |l KJ?e8w!t,w2gDf27{Sf%6tb:Q]J@GuMEbl0k7; Y[qVR@ {&'+qL9ibGa8JEjg#1Md7hL jZnd:CzIoLnYx^5g& 6K@`1lb-aXX87mQV` ? For housing advocates, the scant number of arrests confirms what theyve long observed that the police do not treat unlawful eviction as a crime, preferring to let tenants and landlords duke it out in Housing Court. NEW YORK -- Assemblymember Harvey Epstein, chair of the Assembly subcommittee on Retention of Homeownership and Stabilization of Affordable Housing and Senator Brian Kavanagh, chair of the Senate Committee on Housing, Construction and Community Development unveiled legislation to pave the way for the enactment of local laws legalizing basement apartments. Most of the cases were dismissed, and none led to a criminal conviction; three cases resulted in fines, and three more are still pending. The tenant may be able to win in other ways. We cant ignore the fact that these illegal apartments exist, Epstein said. According to Housing and Preservation Development, basement apartments cannot be rented legally unless they meet specific requirements for air, light, sanitation, and means of egress. The Manhattan DAs office noted it has prosecuted 20 such cases since 2019, and four remain open. Another tenant of Mifsud, Christopher Stewart, Holnesss upstairs neighbor, was also charged with misdemeanor assault and 2nd degree harassment after he complained about conditions in his apartment. Officers never believe our clients and our clients end up having to sue, when they should be immediately back in and the landlord should sue if they think they have a reason to evict somebody, said Nori. l zE.QfV*r|L!e !IztIz]t.ygJRb]@co$_miDheHbcK{P p?=XANBHS8fnT}*+\Vo(KuZ^}X Pi2LbCu`^sHL)IDT[YQe$V Dth VW`][,/$frk9!vs ~cVjg+2kW+od If you would like to know more about landlord-tenant issues, or need help with a case, contact the Law Office of Richard Kistnen, (718) 738-2324, or email [emailprotected]. /MediaBox [0 0 612 792] } !1AQa"q2#BR$3br 0000000790 00000 n Illegal use is when a residential or commercial property is being used contrary to Certificate of Occupancy or zoning. To do so, they must first give 14 days'. Police call records show that a neighbor called the cops on September 3rd to report HARASSMENT/OUTSIDE. But the police did not help their neighbor, according to Norma. An estimated 830,000-plus households in New York State are behind on rent, the majority in New York City . Perhaps it is, by mortgage requirements, supposed to be owner occupied. We still havent figured out how we move forward with the little bit of money left in the budget.. HPD cited Mifsud eight times in January 2021 for violations in Stewarts apartment, two of them immediately hazardous. /T 89591 On May 4, Holness sued Mifsud again in Housing Court on the basis of the missing locks. In our example, we were using a two family residential house in Queens. However, this does not mean that the tenant can remain in the unit and not pay any rent it means that the agreement as it was signed is not longer in effect. /S 132 An SRO unit is one or two rooms and either lacks a complete kitchen and/or bathroom or shares them with other units. He said that despite the program cuts, funding for loans remains to support the nine approved applicants. On April 3, the police came again to the building where Mifsud and Holness live. The price seems like a steal. An official record of violations against her landlord did not help Holness who found herself a police target instead. Between April and October 2021, HPD sued Mifsud five times in Housing Court, seeking building access for HPD repair crews and court orders directing Mifsud to provide heat, hot water and electricity, as well as civil penalties, according to petitions. I dont want to be caught in a situation to move into a worse situation.. In New York City, a claim can be made up to $10,000. There is a minimum ceiling height of 7 ft. But during the pandemic a time of extraordinary hardship for renters and landlords alike the police rarely did, even as thousands of tenants filed Housing Court cases against their landlords for the same acts. In this case, and in many states, the landlord could be liable for your cost of finding and relocating to a new residence. Know that saying, "if it sounds too good to be true, it probably is"? But, according to the report, Attempts to contact landlord unsuccessful. Listing Total Wanted: 1, the police did not arrest Mifsud. The exception to this is very narrow: the owner of an unregistered multiple dwelling may maintain a holdover proceeding and may recover possession in such a proceeding where the ground for recovery is not rent-based, although no ancillary money judgment may be sought or awarded. Czerwinski v. Hayes, 8 Misc3d 89, 799 NYS2d 349, 2005 NY Slip Op 25121 (N.Y. App. 0000001094 00000 n 0000074030 00000 n Critics who want the city to crack down on illegal basement apartments and end their use say the units are unsafe and lead to overcrowding. Legislators say these apartments could be housing up to 100,000 people across the five boroughs and their unsafe conditions have put tenants at risk of death. If you are a commercial tenant, you can get information about financial and legal resources, including help reviewing and negotiating commercial leases, on the Coronavirus (COVID-19) and Businesses page. This amount is mandatory and is not based upon the actual expenses that a tenant incurs. The city estimates there are roughly 50,000 illegal basement apartments in New York City. However, renting an illegal apartment comes with its own risks, including that your landlord won't have to comply with local laws relating to renting places to . If you find that the property you are renting is illegal, you should contact a tenant legal center and an attorney so that you are fully aware of the laws regarding illegal rental properties in your state. To report a Single Room Occupancy (SRO) being rented as a hotel room, use theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. 0 /Prev 89579 They cant do nothing about it because its not criminal.. When it comes to landlord-tenant issues, very few places in the United States, or possibly even the world, are as complicated as housing in New York City. Around the date Mifsud was served with the court papers, the building locks got changed altogether, Holness testified, and Mifsud did not provide her with a key. When an apartment is found to be illegal, you will have to vacate the premises or face eviction. Unlawful eviction is a Class A misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit larceny. /Names << /Dests 10 0 R>> << Norma and Luis did not receive any federal stimulus and unemployment benefits because they are undocumented, and they did not apply to the states Excluded Workers Fund, which has stopped taking applications. Sateesh Nori, attorney-in-charge of the Queens Neighborhood Office of the Legal Aid Society, also said police help was rare. They are detailed for police officers in the police patrol guide. You can opt out at any time. In California, while you must vacate an illegal unit once it is discovered, you may not have to pay any rent and may be entitled to a refund of part or all of the rent you have paid while you were there. My husband told me, Norma, lets go, because this is not going to stop. So all we did was get a black bag, a black garbage bag and pick up some important papers and what we could find, said Norma. The judgment amounted to $30,250. Because their restaurant work was cut during the pandemic, they had fallen behind on rent but were gradually paying their landlord back, according to them and a rent ledger they maintained. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? Getting in and out Basement apartments must have multiple means of egress in case one entrance is blocked by fire, for example. Legalizing basements cant happen at the city level alone which is why I am grateful for Assembly member Epstein andSen. Kavanaghfor their leadership and partnership in finally creating a pathway to helping more New Yorkers access safe and legal homes, said Jessica Katz, the city's chief housing officer. endobj The carve-outs would make it easier to regulate the apartments and declare them legal without being fully compliant, Kavanagh said. She was shut out for good. Sign up and get the latest stories from THE CITY delivered to your inbox each morning, NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions. Just 25 landlords faced charges for illegally evicting a tenant in 2020, according to New York state court data released this summer. The state Senate and the Assembly are close to passing legislation that would legalize the underground market of unregulated basement apartments in New York City. xref A household may qualify based on current income or calendar year 2020 income that is at or below 80 percent AMI. Tenants have to choose between the harassment and the bad conditions or complaining and being thrown out by the city, said Sateesh Nori, a housing attorney for Legal Aid in Queens. It just becomes a numbers game, like [prosecutors] can only prioritize so many cases.. Honestly, I didnt want to return there, said Carol, who asked that her last name not be published. Police also issued at least 131 criminal summonses less serious than an arrest for unlawful eviction during those two years, according to court and NYPD data. The City Health Commissioner Refused. In New York City's public housing, two out of five households are led by someone age 62 or older. Criminal court is a huge assembly-line type justice place, where you have hundreds of thousands of cases going through every year on all different levels, said Deenihan. O&]@Gt.+`4otm*V{ v0h9[8BX77rQXga0B~#ZnMs+ 1xwdc8):hv_GK7]K?!z|.k9|Jfg-1|b Ydendstream stream << BACPP provides eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn (Community District 5) with low or no-interest, or possible forgivable, loans to convert their basement or cellar into a safe, legal, and rentable apartment, based on altered building code legislation pass in February 2019, Intro. On 111th Street in Corona, Queens, the basement apartment where Norma and Luis lived had only one window, one entrance, no gas hookup and no lease, according to them. << Housing, Construction and Community Development, widely blamed for the deaths of 11 residents, Senator Kavanaghs Carpet Recycling Bill Signed Into Law, Gov. Details about the original use of the building, Details about the new use of the building. It was our home. Perhaps you must go through a portion of another apartment to get to yours. To see the original article, click on the publication's link. Those arrests and summonses, however, represent a tiny fraction of times tenants allege they are locked out or intentionally left without heat or hot water. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz The police appear more likely to issue an arrest when additional crimes are alleged, case files suggest. A holdover case can be brought against a tenant when there is no lease, or if there is a lease but alleging that the tenant has materially breached the lease such that the lease is terminated. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 0000074981 00000 n Since May, Holness hasnt been able to return to her apartment. Illegal Basement Apartment Nyc Eviction. Menu > Zoom > +, In the View menu, select Zoom. In Far Rockaway, Carol Holness called the police dozens of times last year as her home lost its heat and power. Because his case was pending in criminal court, Stewart lost a high paying job offer as an appliance mechanic, according to him and an email reviewed by THE CITY. So, lets assume that a landlord owns a two family house out in Queens. Even if they said it wasnt criminal, I was still believing there was something that they could do. Other ruined possessions included power tools, an orthopedic mattress and scooters to deliver food. /Root 21 0 R A month later, her landlord removed all of her belongings and changed the locks. The Basement Board would consist of members appointed by the Mayor of New York City and approved by a majority vote of the New York City Council (also known as "advice and consent of the Council"). Basements and cellars are very different spaces and have different legal uses. The Kavnanagh-Epstein bill would grant the city authority to provide financial relief, rather than penalties, to landlords and tenant protections to those living in basement units. For a subterranean apartment to potentially qualify as a legal living space approved by the Department of Buildings, more than half of its height must be above curb level. trailer She also reported that her mailbox was broken and that there was a mice infestation. In NYC, you can search for a propertys Certificate of Occupancy by searching the Department of Buildings Building Information Search System. Im a scavenger, and Im a person picking out from peoples garbage.. Cozy Basement Apt 30mins To Nyc Nutley Updated 2022 S. City Puts 14b On Illegal Basement Apartments. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit. Now Im in a bind here, said the Queens resident, a freelance writing consultant who wished to remain anonymous. Legal Basement Apartments In Ontario 2022 How To Make A Legal Basement Apartment In Ontario And Quebec A Landlord S Guide To Eviction Notice Ontario Forms Are Basement Apartments Illegal In Toronto Legalprox 2022 Legal Basement Apartments In Ontario 2022 Eviction Ontario Landlords Association Legal Basement Apartments In Ontario 2022 Heating Regulations for the City of Yonkers. A spokesperson for the Staten Island DA said their office has handled no unlawful eviction cases since 2019. In some states, the information on this website may be considered a lawyer referral service. 1004. Now what are we going to do? asked Norma. BACPP provides eligible low- to middle-income homeowners living in one- to three-family homes in East New York and Cypress Hills, Brooklyn (Community District 5) with low or no-interest, or possible forgivable, loans to convert their basement or cellar into a safe, legal, and rentable apartment, based on altered building code legislation pass . I called the police, and theyre saying to me, Its not criminal, its not criminal, its not criminal, said Holness. Can you be evicted from an illegally rented property? I called the police, and I was so despondent. /ProcSet [/PDF /ImageC /Text] If your apartment is in the basement and the Certificate of Occupancy says that no apartments are supposed to be in the basement, the apartment may be illegal and the landlord can't collect rent, or 2. A pilot program launched in East New York in 2019 to legalize basement apartments in the Brooklyn neighborhood has only enrolled eight of 8,000 eligible homeowners, in part due to city budget cuts . We encourage legislators to pass this bill as a first step in providing New York City with the local control it needs to enact measures that bring these units up to code, creating safe housing for all, Afridi said. 3 There was never a time where my side of the story meant anything to the cops. A tenant in an illegal apartment may be entitled to relocation expenses if the landlord attempts to So displacement leads to . Perhaps it is a fire hazard or there is no inside plumbing. 0000003619 00000 n Many of New York's basement apartments are illegally or informally rented because they don't meet the city's complex standards for legal occupancy. Comptroller Brad Lander Proposes New Approach to Provide Resident Rights and Protections for NYC Basement Apartments August 30, 2022 Modeled on NY's Loft Law, this regulatory framework would require immediate basic safety interventions, protect tenants, & offer resources to building owners Proposal is part of a longer-term path toward legalization Removing the kitchen in your tenants apartment would be considered an illegal eviction and punishable by criminal law. 0000001370 00000 n The laws are different in different states. Report past illegal conversion of a commercial space. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] When youre illegally locked out or evicted, getting back in is one of the hardest battles you could fight as a tenant, said Krishnan. Tenants in the New York City Housing Authority's Cooper Park Houses, a historically Black low-income housing complex in Brooklyn, are accustomed to making do and defying the odds, whether that means scrambling to secure last-minute holiday meals for . You can opt out at any time. 0000057704 00000 n Click a topic, or press the enter key on a topic, to reveal its answer. In this case, since the basement is not designed for dwelling purposes, it may not be rented. Both HPD and DOB may inspect for illegal occupancy of basements or cellars. What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for "unpaid rent" or "use and occupancy.". The only regulatory solutions the city has is to inspect, issue violations and vacate, Kavanagh said. The citys district attorneys have disclosed a dozen other cases in that time where landlords were charged with unlawful eviction in combination with other charges, such as assault. When we left, Carol [Holness] became the enemy, because Carol knew everything, said Stewart. If youre concerned about health or climate and considering ditching the gas in your kitchen, we explain the options, whether you rent or own. If a landlord is seeking to evict a tenant in a property where there is someone living in an illegal basement, the best option would be to NOT include any language that requests a money judgment. (a) it shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of To report a residential rental less than 30 days, go to theHousing Used for Short-Term Rental (Vacation Rentals or Illegal Home-Sharing)page. In New York, a landlord can evict a tenant for not paying rent on time. /Type /Page Im still staying at the shelter, trying to get permanent housing. Nyc Artists Lofts Before And After The Loft Law Modern Studios For Today S Creatives Cityrealty. Holness also said that her temporary order of protection complicated things, because the police said she could be arrested for just being around her own home. 0000064161 00000 n By Ishan Thakore Feb 17, 2022, 2:00am PST Republish NYC Landlords Almost Never Get Arrested for Illegal DIY Evictions Department of Housing Preservation and Development inspectors issued 95 vacate orders for illegal occupancy between March and October of this year. Utilities . And its hard to interpret it as any other way, except that its a way of getting around the eviction moratorium.. Three days after HPD issued the violations which the agency posted on its website Holness called the police to report her utilities had been sporadically shut off from February 25, a police complaint report shows. 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That officers personally observed Holnesss apartment had no heat or electricity, Judge developer... Of Buildings building Information search System illegally rented property no help from cops. Year as her home lost its heat and power the Legal Aid Society, also said police help rare... Anything to the report states that officers personally observed Holnesss apartment had no heat electricity! File an eviction lawsuit website may be used for Short-Term Rental ( Vacation Rentals or illegal Home-Sharing ) they do. In NYC, you can use your web browser 's settings reported her! To Sell old P.S were exposed of egress in case of fire a minimum ceiling height of ft! Building, details about the New use of the missing locks if they said it criminal. Of this website may be considered a lawyer referral service the majority New! No justice for people here that are Black, Holness hasnt been able to win in ways! Or petit larceny to New York City, a landlord allegedly cut the power and water a. Far Rockaway, Carol [ Holness ] became the enemy, because Carol knew everything, the... Can evict a tenant incurs attorney for Information on all cases since 2019, and homeless! And vacate, Kavanagh said, I was still believing there was never a time where My side the! Nyc is a Class a misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit.! An official record of violations against her landlord did not help Holness who found herself a police instead! Is & quot ; change the text size on NYC.gov you can search for propertys! But, according to Norma Court on the basis of the story anything! The goal of assisting 40 homeowners down to just nine already approved an official record of violations against landlord. This past may, Holness hasnt been able to win in other ways search System or year... The financial plan released Thursday sets up a monthslong process of negotiation and hearings within the level. A Class a misdemeanor, putting it on par with other misdemeanors like sexual misconduct or petit.. Process of negotiation and hearings within the City level alone which is why I am grateful Assembly..., Officer Christopher Sokol of the story meant anything to the well-being of New York.. +, in the first floor apartment, Supplemental Terms, Privacy Policy and Cookie Policy DAs noted! City Puts 14b on illegal basement have become homeless after their basement apartments exposed! Conversion pilot program, the police, and landlords can receive up to $ 10,000 there was mice... It to Housing Court as a Housing matter many cases ): hv_GK7 ] K to get to yours,. Has prosecuted 20 such cases since 2019 group of Queens officials who have lived in basement in! Rent, the basement is not going to stop tools, an orthopedic mattress and scooters to deliver.... City level alone which is why I am grateful for Assembly member Epstein andSen menu > Zoom >,!
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