NYC Comptroller to Hurricane Ida flood victim homeowners: drop dead

PIX 11 News 

 New York City’s comptroller’s office shot down the thousands of people who filed financial claims against the city in the wake of Hurricane Ida.

Historic flooding from the drenching downpours destroyed the homes of many in 2021. In the aftermath, 4,703 people filed complaints with the city because of the flooding, as first reported by THE CITY. Each complaint was denied, a spokesperson for Comptroller Brad Lander’s office said. Letters went out to New Yorkers explaining that New York is not legally responsible.

“For over a century, courts have held that municipalities across the state of New York, including the City of New York, are not liable for damage from ‘extraordinary and excessive rainfalls,'” Lander wrote to New Yorkers in the denial letter. “Where damage is caused by negligent action or omission on the part of the City of New York, the City may be liable; however, that was not the case here.”

Ida dumped as many as 9 inches of rain in parts of New York City on the night of Sept. 1, 2021, according to the Department of Environmental Protection. In just one hour, 3.15 inches of rain fell in Central Park, breaking a record.

“As a result, the City of New York is not responsible for losses arising from Hurricane Ida, and your claim must be denied,” Lander wrote.

New Yorkers whose claims were denied can sue the city at any point within 1 year and 90 days of Ida, according to his office. That gives people until late November of 2022.

THE CITY 

Nearly a year after the remnants of Hurricane Ida flooded the Forest Hills one-bedroom apartment where Heidi Pashkow and her husband live, the couple is finally beginning to settle back into their first-floor home of over four decades. That’s after living with their son’s family for about nine months and spending almost $30,000 on repairs, Pashkow said.

She received a couple thousand dollars from the Federal Emergency Management Agency (FEMA) and filed a negligence claim against the city for damage caused by sewer overflows in the storm, in the hopes of receiving some money.

Pashkow said she was “shocked” when she received a letter on Monday from City Comptroller Brad Lander completely denying her claim.

She wasn’t the only one: 4,703 New Yorkers filed claims against the city after their homes flooded during Ida. All 4,703 were denied, according to the comptroller’s office.

The crux of the claims is that the city’s negligence in sewer maintenance led to flooding damage.  

The storm killed at least 13 people in New York City on Sept. 1, 2021, as it dumped over three inches of rain in a single hour on Central Park, shattering previous rainfall records — and overwhelming the city’s sewer systems, which were built to handle rainfalls of under two inches an hour.

The comptroller’s office says it investigates each claim to determine whether city negligence led to the flooding. But the decisions rely on precedent set by a case from 1907 that ruled municipal governments are not liable for damage from “extraordinary and excessive rainfalls” — even if the city’s sewer system was under capacity.

“As a result, the City of New York is not responsible for losses arising from Hurricane Ida, and your claim must be denied,” read letters sent by the comptroller and obtained by THE CITY.

Pashkow said she thinks the city is “absolutely” at fault because it oversees the infrastructure.

“I could challenge it and say, ‘Well, if you had your sewer fixed, it wouldn’t be a problem,” Pashkow said. ​​

“No one is moving back on the first floor, only me and the super,” she said in a separate text message Tuesday. “All are paranoid and so am I when it rains.”