Wednesday, May 15, 2024

NYC comptroller quashes financial claims for Hurricane Ida, claiming it is ‘not liable’

Devastated victims of Hurricane Ida have been outraged and disgusted on Wednesday with New York City Comptroller Brand Lander when he denied all 4,703 claims for property damages after the town officers have been caught flatfooted by the storm.

This week householders within the affected boroughs – largely Queens – acquired letters from the town’s chief numbers-cruncher rejecting their requests for financial compensation after Big Apple sewers grew to become overwhelmed within the September 2021 storm, inflicting 13 deaths and large property harm and displacement.

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The letter got here as a shock to the Hollis, Queens householders on ninetieth Avenue after metropolis politicians inspired them to file claims with the town for compensation.

‘I actually was so disheartened once I bought the letter, it broke my complete being,’ Amy Bhagwandin, 52, a property proprietor within the neighborhood, instructed the Mailonline. ‘I’ve PTSD, I’ve fibromyalgia – all due to this flooding. I’m going to get emotional. My coronary heart sank a lot.’ 

In his letter, Lander cited a 1907 court docket ruling that concluded that the town is ‘not liable for harm from ‘extraordinary and extreme rainfalls.’

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The storm swept by way of the Big Apple final September, dumping 9 inches of rain in some locations.

Some victims have been trapped in basement flats that grew to become watery tombs that crammed to the ceiling because the municipal sewer system grew to become overtaxed by the deluge.

City and state officers admitted on the time that they have been caught flatfooted by the flood and have been late issuing storm warnings.

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‘There was 12 ft of water in my basement and first ground. Can you think about 12 ft of water,’  she mentioned. ‘The solely factor we have been instructed to do was to file a declare.’ 

New York City Comptroller Brad Lander, pictured here, rejected nearly 5,000 claims against the city for property damage cause by Hurricane Ida last year

New York City Comptroller Brad Lander, pictured right here, rejected almost 5,000 claims towards the town for property harm trigger by Hurricane Ida final yr

Amit Shivprasad's house where he lives with his parents. Two people, Tara and Nicholas Sanskriet, died in the house when the basement flooded

Amit Shivprasad’s home the place he lives together with his mother and father. Two individuals, Tara and Nicholas Sanskriet, died in the home when the basement flooded

Amit Shivprasad, was forced to work in the street, because of the extensive damage done to his parents home by Hurricane Ida

Amit Shivprasad, was pressured to work on the street, due to the in depth harm executed to his mother and father dwelling by Hurricane Ida

Bhagwandin mentioned that she has $400,000 wrapped up within the dwelling and 4 contractor quotes for greater than $150,000 in repairs.

‘I do not know the way I’m going to pay for it,’ she mentioned. She bought $17,000 from FEMA for catastrophe repairs, however it would not start to cowl the associated fee.

She mentioned that the inspiration of the house was undermined and her wiring and plumbing should be utterly redone.

‘I’ve main structural harm to my dwelling,’ she mentioned. ‘All of my belongings – those that survived – are in storage, which I pay for month-to-month. I’ve no washer or dryer. I’ve no dwelling fitness center. I’m residing like a beast.’ 

Her subsequent door neighbor Amit Shivprasad, whose basement house tenants died within the flooding, mentioned he was additionally pissed off with Lander’s letter.

‘Watching your senior and retired mother and father residing of their automotive and utilizing a porta potty is hurtful that phrases can’t clarify,’ tweeted Shivprasad, who additionally posted a photograph of himself working from a house workplace arrange on the road. ‘Our metropolis and state officers promised to get [my parents] again into their properties, 1 yr later they’re nonetheless displaced.’

Shivprasad’s tenants Tara Ramskriet, 42, and her 22-year-old son, Nicholas died from the water of their basement house.

‘I have never gotten something from the town,’ Dameshwar Ramskriet instructed the Mailonline Wednesday. ‘I misplaced my spouse.’

He referred all different inquiries to his lawyer to didn’t reply to questions left on his voicemail.

Shivprasad mentioned that he is already sunk $65,000 into shoring up his mother and father dwelling and can in all probability should take a $300,000 mortgage make the remainder of the repairs.

He too mentioned that officers instructed him to file a declare with the town final yr after the flooding.

‘They instructed us to file a property harm declare and a water harm declare,’ he mentioned. ‘They knew that this was going to occur on a regular basis. They have been simply enjoying video games.’ 

Police outside the home of a two-year-old boy in Woodside, Queens, who died alongside a 48-year-old woman and 50-year-old man during Hurricane Ida when their basement apartment flooded

Police exterior the house of a two-year-old boy in Woodside, Queens, who died alongside a 48-year-old lady and 50-year-old man throughout Hurricane Ida when their basement house flooded 

Residents sort through damaged and destroyed items after a night of heavy rain and wind caused many homes to flood on September 2, 2021 in the Flushing neighborhood of the Queens borough of New York City

Residents kind by way of broken and destroyed objects after an evening of heavy rain and wind precipitated many properties to flood on September 2, 2021 within the Flushing neighborhood of the Queens borough of New York City

Danny Hong shows where the water reached up to him as he shows the damage in his basement apartment on 153rd Street in the Flushing neighborhood of the Queens, New York on September 2, 2021

Danny Hong reveals the place the water reached as much as him as he reveals the harm in his basement house on 153rd Street within the Flushing neighborhood of the Queens, New York on September 2, 2021

A hole in the foundation where a window once was and flood waters rushed in is seen in the basement apartment on 153rd Street in the Flushing section of Queens

A gap within the basis the place a window as soon as was and flood waters rushed in is seen within the basement house on 153rd Street within the Flushing part of Queens

NYC Comptroller Brad Lander sent this letter (page 1 pictured) to New Yorkers victimized by the storm that the city would not cover their losses

NYC Comptroller Brad Lander despatched this letter (web page 1 pictured) to New Yorkers victimized by the storm that the town wouldn’t cowl their losses

In the letter (page 2 pictured), Lander cited a 1907 court ruling that concluded that the city is 'not liable for damage from 'extraordinary and excessive rainfalls.'

In the letter (web page 2 pictured), Lander cited a 1907 court docket ruling that concluded that the town is ‘not liable for harm from ‘extraordinary and extreme rainfalls.’

The metropolis comptroller emailed the letter to effected residents letting them know that their downside is not New York City’s downside.

‘We are sorry to tell you that, based mostly on New York State legislation and the details of the storm, the City of New York is not legally accountable for the harm to your property that occurred when Hurricane Ida struck New York City on September 1, 2021,’ Lander wrote in his denial of her declare.

Bhagwandin’s neighbor, Jennifer Mooklal, has been residing in her dwelling regardless of the devastation of the flood. Her basement and first ground have been inundated with sewage, in keeping with an interview she did with The City.

‘I can not go wherever else,’ she mentioned.

For over a century, courts have held that municipalities throughout the state of New York, together with the City of New York, will not be liable for harm from ‘extraordinary and extreme rainfalls.”

This would not occur in New York’s leafy suburban enclaves, Shivprasad mentioned.

‘It appears to be like like it comes all the way down to the colour of your pores and skin,’ he mentioned. 

New York City Comptroller Brad Lander cited 100-year-old case law that establishes the city is not liable for damage caused by 'excessive rainfalls'

New York City Comptroller Brad Lander cited 100-year-old case legislation that establishes the town is not liable for harm brought on by ‘extreme rainfalls’

Amrita Bhagwandin, 52, seen here, is looking at $125,000 in damage caused by Hurricane Ida

Amrita Bhagwandin, 52, seen right here, is taking a look at $125,000 in harm brought on by Hurricane Ida

A police officer stands guard as a man surveys the damage to a home in the Jamaica section of Queens on September 2, 2021

A police officer stands guard as a person surveys the harm to a house within the Jamaica part of Queens on September 2, 2021

Ragendra Shivprasad (left), the landlord of a building where some of the occupants were killed when several feet of water collapsed the wall to a basement apartment, stands with neighbors as they watch the scene in Queens on September 2, 2021

Ragendra Shivprasad (left), the owner of a constructing the place among the occupants have been killed when a number of ft of water collapsed the wall to a basement house, stands with neighbors as they watch the scene in Queens on September 2, 2021

Emergency service personnel work at the scene of a basement apartment where bodies were found on Peck Ave. in Flushing, Queens on September 2, 2021

Emergency service personnel work on the scene of a basement house the place our bodies have been discovered on Peck Ave. in Flushing, Queens on September 2, 2021

Teresa Eng cleans out her bedroom in a her basement apartment in the Flushing neighborhood of the Queens on September 2, 2021

Teresa Eng cleans out her bed room in a her basement house within the Flushing neighborhood of the Queens on September 2, 2021

The exception, Lander identified, is if the harm was brought on by ‘negligent motion or omission’ by the town authorities.

But he shortly dismisses the likelihood that that occurred throughout the storm.

‘That was not the case right here,’ Lander writes.

The solely recourse for  Bhagwandin and her neighbors is to rent a lawyer and sue the town.

Time is operating out for that. New York State legislation requires that claims towards the town be filed inside a yr and 90 days of the incident.

For the victims of Hurricane Ida, meaning they’ve till November 30 of this yr to sue.

‘We’re going to get collectively and discuss hiring a lawyer,’ she mentioned. ‘In the meantime, what are we purported to do, stay in concern? The basis of my basement is cracked open. It rains the entire home may collapse. I’m afraid to sleep at evening as a result of if it rains the entire place may come down on high of me.’ 

A hole in the foundation where a window once was and flood waters rushed in is seen in a home on 153rd St. in the Flushing neighborhood of Queens

A gap within the basis the place a window as soon as was and flood waters rushed in is seen in a house on 153rd St. within the Flushing neighborhood of Queens

Police officers use a yellow tarp to block the view as bodies are removed from a flooded basement apartment on Peck Avenue in Flushing, Queens on September 2, 2021

Police officers use a yellow tarp to dam the view as our bodies are faraway from a flooded basement house on Peck Avenue in Flushing, Queens on September 2, 2021

According to Ramskriet’s different son, who survived, the flood waters have been so highly effective that it swept his father, Dameshwar off his ft, in keeping with The New York Times.

The dad tried to carry onto his spouse, however she too was washed away by the highly effective deluge.

‘I attempted to carry on to my spouse, and he or she was making an attempt to carry on to me,’ Dameshwar Ramskriet instructed the Times final yr. ‘But the water pushed me away and I could not really feel her hand anymore.’

 There could also be a great purpose that the Ramskriets have been unprepared for the flood.

The National Weather Service predicted a severe rain event at 2.40pm EST but NYC officials didn't send out any alerts until the night

The National Weather Service predicted a extreme rain occasion at 2.40pm EST however NYC officers did not ship out any alerts till the evening 

At 9.01pm, a flash flood warning - which are regularly issued in heavy rain  - was issued

At 9.09pm, a tornado warning was issued across NYC

9.01pm: A flash flood warning was issued throughout NYC. 9:09m: A twister warning is issued throughout NYC

9.28pm: The National Weather Service issues a Flash Flooding Emergency - the first of its kind - across NYC

9.28pm: The National Weather Service points a Flash Flooding Emergency – the primary of its variety – throughout NYC 

11.26pm: De Blasio didn't declare a state of emergency until 11.26pm - after the bodies of at least seven people were found

11.26pm: De Blasio did not declare a state of emergency till 11.26pm – after the our bodies of at the very least seven individuals have been discovered 

The metropolis did not warn residents of the pending storm till 7.20pm the evening that Ida struck.

Flash floods warnings have been issued for the subsequent hour and a half because the rainfall peaked simply earlier than 9pm, however the metropolis did not ship out the alert of the Flash Flood Emergency till 10.25pm.

 Bhagwandin is petrified of the subsequent storm as hurricane season approaches once more.

 ‘We will not be prepared for an emergency. We will not be prepared for the emergency,’ she mentioned.

Governor Kathy Hochul and then-Mayor Bill de Blasio mentioned the storm’s power took them without warning.

New York City has denied the claims of nearly 5,000 people whose belongings were damaged by Hurricane Ida

New York City has denied the claims of almost 5,000 individuals whose belongings have been broken by Hurricane Ida

Flood damaged belongings fill the porch of a Woodside, Queens home after Hurricane Ida

Flood broken belongings fill the porch of a Woodside, Queens dwelling after Hurricane Ida

The flood water line is seen just above glasses hanging over a sink in a basement apartment on 153rd St. in Flushing  on September 2, 2021

The flood water line is seen simply above glasses hanging over a sink in a basement house on 153rd St. in Flushing  on September 2, 2021 

A resident of Peck Avenue in Flushing, Queens uses buckets to remove water from his basement apartment after Hurricane Ida

A resident of Peck Avenue in Flushing, Queens makes use of buckets to take away water from his basement house after Hurricane Ida

‘We didn’t know that between 8.50 and 9.50pm final evening, that the heavens would actually open up and convey Niagara Falls stage of water to the streets of New York,’ mentioned Hochul.

De Blasio mentioned he’d gotten a forecast Wednesday of three to six inches of rain over the course of the day. 

‘We’re enduring an historic climate occasion tonight with record-breaking rain throughout the town, brutal flooding and harmful situations on our roads,’ de Blasio mentioned after the storm subsided.

States of emergency have been declared in New York and New Jersey whereas the National Weather Service issued its first-ever emergency flash flood warning for New York City, urging residents to maneuver to larger floor.

Queens Borough President Donovan Richards, whose district noticed many of the harm, inspired his constituents to sue.

‘This determination — which I encourage householders to discover their choices about — is an unlucky encapsulation of the town’s negligence and sheer failure when it involves excessive climate preparedness,’ he mentioned in an announcement to THE CITY. 

People visit the flooded Bethesda Fountain in Central Park on after extremely heavy rain caused by Hurricane Ida

People go to the flooded Bethesda Fountain in Central Park on after extraordinarily heavy rain brought on by Hurricane Ida

Record rainfall was reported in Central Park on Wednesday. The park ended up getting 3.15 inches just in one hour, surpassing the previous recorded high of 1.94 inches in one hour during Tropical Storm Henri on August 21

An empty flooded playground is seen within the above photograph taken in Brooklyn after Hurricane Ida

A slide is pictured at a flooded playground in Brooklyn after Hurricane Ida

A slide is pictured at a flooded playground in Brooklyn after Hurricane Ida

Sections of the FDR Drive in Manhattan, the Bronx River Parkway, and the Brooklyn Queens Expressway were also flooded. The Major Deegan Expressway in The Bronx is seen above

Sections of the FDR Drive in Manhattan, the Bronx River Parkway, and the Brooklyn Queens Expressway have been additionally flooded. The Major Deegan Expressway in The Bronx is seen above

Buses, UPS delivery trucks, and trailers stand idle on the Major Deegan Expressway in The Bronx after Hurricane Ida

Buses, UPS supply vans, and trailers stand idle on the Major Deegan Expressway in The Bronx after Hurricane Ida

Across the Northeast, 46 individuals misplaced their lives, 23 in New Jersey alone.

Lander identified in his rejection letter that the town’s Department of Environmental Protection measured between 4 and 9 inches of rain on the evening of the storm. More than 3.15 inches fell in a single hour in Central Park, he notes, ‘breaking the document for essentially the most quantity of rain ever recorded in a single hour in New York City.’

‘I’m 50 years previous and I’ve by no means seen that a lot rain ever,’ mentioned Metodija Mihajlov whose basement of his Manhattan restaurant was flooded with three inches of water.

‘It was like residing within the jungle, like tropical rain. Unbelievable. Everything is so unusual this yr,’ he instructed AFP.

In one other a part of Queens, water quickly crammed Deborah Torres’ first-floor house to her knees as her landlord frantically urged her neighbors beneath – who included a child – to get out, she mentioned.  

But the water rushed in so strongly that she surmised they weren’t in a position to open the door. The three residents died.

‘I’ve no phrases,’ she mentioned. ‘How can one thing like this occur?’

Sophy Liu, additionally of Queens, roused her son from mattress and put him in a life jacket and inflatable swimming ring as their first-floor house flooded.

Unable to open the door towards the power of the water, she known as associates for assist. The water was almost 5 ft excessive after they got here to her rescue, she mentioned.

‘I used to be clearly scared, however I needed to be robust for my son. I needed to calm him down,’ she recalled Thursday as health workers eliminated three our bodies from a house down the road.

Lander mentioned that he was sympathetic to the storm victims and blamed world warming for the devastation.

‘As local weather change intensifies the amount and frequency of native storms, the City of New York should do extra to organize our communities,’ he wrote in his rejection letter.

He proposed that the town create a ‘Disaster Recovery Center’ to facilitate authorized help and supply information on aid packages and supply assist with insurance coverage claims.

‘I’m sorry that such a middle didn’t exist within the aftermath of Hurricane Ida,’ he mentioned. ‘Hopefully, by creating such a middle, it will likely be doable to assist future New Yorkers going through disasters (no matter whether or not or not the City is liable for harm). 

Shivprasad urged Lander to take one other look.

‘Look on the harm executed,’ he mentioned. ‘You should have a coronary heart. They bought the federal cash from the federal authorities. They have to assist us out.’ 



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