Housing in the City of Syracuse

A recent report by CNY Fair Housing reported on the state of housing in Syracuse and Onondaga County, and the implications, particularly, for certain groups or “classes:” those include minorities, the disabled, seniors, refugees and immigrants, large families, and those receiving certain kinds of public assistance.

Of particular note is a previous assessment of Syracuse as “hyper-segregated,” the ninth most racially segregated metropolitan area in the country. It’s evident not only in how the city is divided, but in the school system as well. The CNYFH analysis reveals that this finding is reinforced in how and where people live here.

 

http://myhousingmatters.com/

How do I qualify for a Free Credit Report?

Free Credit Reports

You are entitled to a free credit report every 12 months from each of the three major consumer reporting companies (Equifax, Experian and TransUnion). You can request a copy from AnnualCreditReport.com .

You can request and review your free report through one of the following ways:

Online: Visit AnnualCreditReport.com
Phone: Call 1-877-322-8228
Mail: Download and complete the Annual Credit Report Request form . Mail the completed form to:
Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

Although you can order all three credit reports at one time you could order them at separate times. By law, a credit reporting company can charge no more than $12.00 for a credit report.

You are also eligible for reports from specialty consumer reporting companies.

Besides the free annual report, you may obtain a free credit report if any off the following apply to you:

1. If you received a notice that you were denied credit,
2. If you received a notice that you were denied insurance,
3. If you received a notice that you were denied employment
4. If you received a notice that you experienced another adverse action on a credit report.

You must request the free credit report from the credit reporting company identified in the notice. To get the free report you must request it within 60 days after you receive the notice. Other types of “adverse action” notices you might receive include notice of an unfavorable change in the terms or amount of your credit or insurance coverage, or unfavorable changes in the terms of your employment or of a license or other government benefit.
5. You believe your file is inaccurate due to fraud.
6. You have requested a credit report from a nationwide credit reporting company in connection with the placing of an initial fraud alert (you may request two free copies for an extended fraud alert).
7. You are unemployed and intend to apply for employment within 60 days from the date of your request.
8. You are a recipient of public welfare assistance.
9. Your state law provides for a free credit report.

What does adjourned in Contemplation of Dismissal mean in New York?

Adjournments in Contemplation of Dismissal
If a case is Adjourned in Contemplation of Dismissal pursuant to §170.55 of the Criminal Procedure Law, it is not considered “dismissed” until six months or, in the case of certain family offense matters, one year has elapsed following such adjournment.

Many times the judge will ask the defendant if they can explain what adourned in contemplation of dismissal means in their own words to make sure the defendant understands the plea that they are accepting in court.

The case will be then labeled as “170.55 DISMISSED.” Because these cases are dismissed they must be sealed.

Marijuana cases Adjourned in Contemplation of Dismissal pursuant to §170.56 of the Criminal
Procedure Law are not considered to be dismissed until the period of adjournment prescribed by the court (notto exceed one year) has elapsed. The case will then include the case disposition as “170.56 DISMISSED.”

Disorderly Conduct in New York under Penal Law Section 240.20

While disorderly conduct is not a “crime” under New York Law, it is important to treat the summons carefully to avoid any potential stigma from it.

Disorderly Conduct under Penal Law Section 240.20 is a “violation” and not a misdemeanor under the New York Penal Law which states under Section 15 that an offense has to carry a penalty of more than 15 days in Jail to be considered a misdemeanor in New York. Since Disorderly conduct only carries a maximum penalty of 15 days jail. it is classified as a “violation”. In New York, only misdemeanors and felonies are classified as crimes. Accordingly, a disorderly conduct conviction will not leave a person with a criminal record even in the unlikely event that jail is imposed.

Resisting arrest is a misdemeanor charge in New York state that can apply in a variety of situations. A resisting charge is always in conjunction with another charge (disorderly conduct, assault, etc.) which was the reason the police wanted to arrest you in the first pace. It is common for anyone who is belligerent or angry about being arrested to be charged with resisting.

Disorderly Conduct is also a charge that is commonly applied if you have done something to annoy or inconvenience the police.
For example, in the case of People v Gonzalez, the New York Court of Appeals held that a defendant who shouted obscenities at a police officer in a subway was not committing disorderly conduct even though his conduct drew provoking looks of surprise and evasive action from onlookers. The Court held that a person may only be guilty of disorderly conduct when the situation extends beyond the exchange between the individual disputants to a point where it becomes a potential or immediate public problem.

To pass a New York State Inspection your vehicle window tint cannot be too dark

To pass a New York State Inspection your vehicle window tint cannot be too dark
Since the beginning of 2017 New York State has made being window tint compliant a requirement to pass the required annual safety and emissions inspection. New York’s Window Tint Law is contained in NY VTL Sec. 375 12-a.

The particular degree of window tinting in terms of which windows must be tinted is dependent upon whether the vehicle is a passenger vehicle or a truck. Passenger vehicles are defined at station wagons, sedans, hardtops, coupes, hatchbacks and convertibles. Pick up trucks and SUV’s, even when not commercial vehicles, are considered trucks.

As part of the annual inspection the inspection station will have to inspect your windows with a light transmittance meter for the amount of light that transmits, or passes, through the window. The window tint cannot block more than 30% of light. In other words, the tint has to be light enough to allow 70% light transmittance. There are, however, exceptions to this rule.

The first exception is that for all vehicles, the top 6 inches of the front windshield is permitted to be as dark as you want. The second exception is that so long as a vehicle had duel side view mirrors the rear windshield can be as dark as you want; i.e., can block 100% light transmittance.

The next difference is for rear windows. For a passenger vehicle the rear windows must allow 70% light transmittance. However for trucks they are permitted to have as much light blockage as they want. In other words, rear window tint can block up to 100% light transmittance.

To summarize, a passenger vehicle can have all of it’s windows tinted so long as it allows 70% light transmittance. Nonetheless, so long as a passenger vehicle has duel side view mirrors the rear windshield can block up to 100% light transmittance.

For trucks the front windshield as well as the front driver window and front passenger windows can be tinted so long as it allows 70% light transmittance. However the rear windows on trucks can block up to 100% light transmittance. Moreover, so long as a truck has duel side view mirrors the rear windshield can block up to 100% light transmittance. If a truck has less then both side view mirrors then the rear windshield tint must allow 70% light transmittance.

If your windows are not tint compliant your vehicle will not pass inspection.

Citizen Review Board has new Adminstrator

Citizen Review Board has selected a new Adminstrator to replace the resigned adminstrator.  Ranette Releford will be the new  Administrator of the Citizen Review Board.

The minutes from the Citizen Review Board’s May 4, 2017 meeting contained some disturbing information on complaints filed with the board.

Ms. Mallory Livingston reported that 17 new cases were received in April. She stated the total received in 2017 is 50 and that three cases will be reviewed during Executive Session.  Ms. Livingston shared that inappropriate/illegal searches that border on sexual assault have become an issue in several cases. These cases involve strip searches in public and flesh-to-flesh body cavity searches. Body cavity searches are a medical procedure. Officers can only do a pat down after a Terry stop. 

 MAY 4, 2017 CITIZEN REVIEW BOARD MINUTES

Workplace Investigations in New York

Conducting workplace investigations is one of the most challenging duties that HR professionals must take on. Workforce demographics are constantly changing.  New laws frequently are enacted or amended. Managers make mistakes because they aren’t properly trained or they’re under pressure to resolve complaints quickly. Employees are more aware of their rights.

 

10 Common Investigation Mistakes
Failing to plan.
Ignoring complaints.
Delaying investigations.
Losing objectivity.
Being distracted during interviews.
Using overly aggressive interview tactics.
Not conducting a thorough investigation.
Failing to reach a conclusion.
Failing to create a written report.
Failing to follow up with those involved.

 

https://www.shrm.org/hr-today/news/hr-magazine/pages/1214-workplace-investigations.aspx

 

Lindy Madill of Syracuse NY provides legal news and analysis about criminal and civil court cases, legal issues, personal finance, credit, student loans, real estate. This page is not legal advice. If you need advice contact an attorney

Do Cleared Suspensions from a scofflaw increase my insurance premium?

If you fail to pay a court find or surcharge or if you fail to answer a ticket your driver’s license in New York will be suspended. You will ususally receive a warning letter from the court first. The New York DMV will send you a letter to the address listed on your license notifying you that if you do not take action prior to the date listed on the form that your license will be suspended. These type of suspensions are called indefinite suspensions. Click here for further information on indefinite suspensions
Indefinite suspensions should not be countable towards points on your license or have any effect on his insurance rate.
If you are having issues with your insurance company or if you are trying to figure out how your premium was calculated, your insurer must notify you of the exact dollar amount of any surcharges (and discounts) being applied to your policy as well as the dates of any accidents or convictions on which those surcharges are based.

Under Insurance Law Section 2335(c), insurance companies in New York State may NOT raise a motorist’s insurance rate if the motorist has had a temporary suspension of a driver’s license pending a hearing, prosecution or investigation or an indefinite suspension of a driver’s license which is issued because of the failure of the person suspended to perform an act, which suspension will be terminated by the performance of the act by the person suspended,

How does receiving a conviction for a traffic ticket effect my insurance premium rate?

Under Insurance Law Section 2335(c), insurance companies in New York State may raise a motorist’s insurance rate if the motorist raise a motorist’s insurance rates for a number of reasons. The ones involving the issuance of a traffic ticket are set forth below:
Motorist is convicted of driving sixteen (16) miles per hour (or more) over the limit
Motorist has been convicted of speeding and/or reckless driving on 3 or more occasions
Motorist has been convicted of speeding or reckless driving where injury or death results
Motorist is convicted of driving while intoxicated or impaired (alcohol or drugs)
Motorist is convicted of leaving the scene of an accident without reporting it
Motorist is convicted or 2 or more moving violations

If you need help with a traffic ticket contact an attorney in New York. The above information is not legal advice. It is for informational purposes only.
Lindy Madill, JD Syracuse NY

Driving with a suspended license in New York – You can be arrested!

If you drive while your license OR priviledge to drive is suspended or revoked in Syracuse New York or surrounding areas, you may be CRIMINALLY charged with a misdemeanor or felony, depending on the circumstances. Many people do not realize that driving with a suspended license is a CRIME!!!

If you drive with a suspended license and can show the courts and district attorney that you have done whatever the original court which suspended you is requiring, normally both the district attorney and the court will not push to convict you on the charge of driving with a suspended license.

This is true even if you were driving before responding to the suspension, and only paid your tickets off at a later date, for instance. In the case of driving with 3 or more suspensions the prosecution may push for a conviction of driving with a suspended license being that it is a far cry from the original charge with a maximum jail sentence of 180 days, however it is rare to see charges of driving with a suspended license pushed if the original suspension is answered. This is because you do have a valid driver’s license with the exception of it being suspended.

3rd degree Aggravated Unlicensed Operation (AUO3rd) – MISDEMEANOR

In many situations, you may be charged with third-degree aggravated unlicensed operation of a motor vehicle. (N.Y. Veh. & Traf. Law § 511(1)(a).) The charge is a misdemeanor, punishable by a maximum of:
a fine between $200 and $500, mandatory surcharge and 30 days in jail. (N.Y. Veh. & Traf. Law § 511(1)(b).)

2nd degree Aggravated Unlicensed Operation (AUO2nd)- MISDEMEANOR

In certain situations you may be charged with second-degree aggravated unlicensed operation of a motor vehicle. Examples include driving while your license OR priviledge to drive was suspended or revoked due to operating under the influence, and a new charge for driving while suspended or revoked if you have previous convictions within the last 18 months. (N.Y. Veh. & Traf. Law § 511(2)(a).) The charge is a misdemeanor, and the sentence may depend on the reason for the suspension. (N.Y. Veh. & Traf. Law § 511(2)(b).) It may involve: a fine of at least $500, and up to 180 days in jail, probation or both. (N.Y. Veh. & Traf. Law § 511(2)(b).)
In other situations, it may involve:a fine between $500 and $1,000, and between 7 days and 180 days in jail, probation or both. (N.Y. Veh. & Traf. Law § 511(2)(b).)

1st degree Aggravated Unlicensed Operation (AUO1st)- CLASS E FELONY

If you are driving under the influence while your license is suspended, if you have a specified number of previous convictions, or if other conditions apply, you may be charged with first-degree aggravating unlicensed operation of a motor vehicle in the first degree. (N.Y. Veh. & Traf. Law § 511(3)(a).) The charge is a class E felony, and the sentence may involve: a fine between $500 and $5,000,
incarceration, probation, or both (N.Y. Veh. & Traf. Law § 511(3)(b).)Aggravated Unlicensed Operation (AUO) is driving while your license is under suspension or revocation.

Lindy Madill of Syracuse Legal News documents law to empower people and educate readers on court cases, legal news and legal issues.
This is not legal advice. If you need legal advice contact a Syracuse Lawyer or Attorney

New York Driving Abstract

Have you ever wondered how long each item such as a conviction for a traffic violations or an accident remains on your New York State driver’s abstract?

Click here if you need to obtain a certified copy of your abstract from the New York DMV online (the DMV charges $7.00)
DMV abstract

Convictions: listed on abstract for the remainder of the year of the conviction date plus an additional three years.

Accidents: listed on abstract for the remainder of the year of the year of the accident date plus an additional three years.

Suspensions and Revocations: listed on abstract during the entire time license is suspended or revoked and for the remainder of the year of the year that they were cleared on plus an additional four years.

Suspension for Refusal to take chemical test: listed on abstract for five years from the date of suspension.

Convictions for operating a motor vehicle under the influence of alcohol or drugs (DWI) are displayed for 15 years from the date of conviction. Convictions for DWAI are displayed for 10 years from the date of conviction.
Some serious violations, such as vehicular homicide, may be displayed permanently.

Please contact an attorney in New York if you have any questions. The above information is for informational purposes only and is not legal advice.