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Council staff opens the hearing, asks attendees to silence devices, reminds them not to approach the dais, and invites Chair Schulman to begin.
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Oversight - Legionnaires’ Disease, Cooling Tower Inspections, and Keeping New Yorkers Safe
Read summaries and jump into the video at the segment start.
Council staff opens the hearing, asks attendees to silence devices, reminds them not to approach the dais, and invites Chair Schulman to begin.
Council Member Lynn Schulman opens the hearing on NYC's response to the 2026 Upper East Side Legionnaires' cluster that sickened 94, hospitalized 79, and killed 11. She thanks Speaker Menin for her leadership and turns to the Speaker for remarks.
Speaker Julie Menin commends DOHMH staff but questions whether NYC was adequately prepared, noting only 35 of 56 authorized water ecologist positions were staffed during the outbreak and calling for a clear accounting of vacancies.
Speaker Menin raises concerns about whether inspection and enforcement increased ahead of summer months, noting new cooling tower testing requirements took effect in May and questioning whether building owners were identified and held accountable proactively.
Speaker Menin describes constituents who didn't know symptoms, vulnerability factors, or precautions, and cites conflicting guidance at Haven Plaza about showering. She calls for clear, consistent, repeated public guidance before the next outbreak.
Speaker Menin reads a powerful statement from the family of a young doctor who died July 19 after contracting Legionnaires on July 4. The family describes her as kind, funny, ambitious, and calls for accountability and policy changes to prevent future deaths.
Schulman presents data showing cooling tower inspections declined over 50% since 2017, from 5,000 annually to 2,300 in 2025. She cites $5.1 million in outstanding violation balances and 94 test reports showing hazardous Legionella levels with no cleanings performed.
Schulman details that DOHMH issued zero summonses in January, March, May, and June in the cluster area, then 180 summonses to 78 buildings in July after the outbreak. She argues enforcement should not require an outbreak to trigger action.
Schulman states the administration must increase enforcement 365 days a year and renew focus on prevention, arguing nobody should die from Legionnaires' disease and building owners must face strict consequences for violations.
Schulman lists the eight pieces of legislation being heard, including bills on a Legionnaires hotline, testing sites, education and outreach, cooling tower cleaning, post-cluster analyses, a public database, annual compliance review, and shower hoses for tenants.
Council Member Amanda Farias explains her bill requiring building owners to provide shower hoses and informational materials within 24 hours of a confirmed Legionnaires case, drawing on experiences at Classon Point Gardens and Parkchester in her district.
Council Member Harvey Epstein discusses his bill to establish temporary Legionnaires testing sites and a digital map, citing confusion among Haven Plaza constituents about where and how to get tested during an outbreak.
Council Member Virginia Maloney introduces her two bills: Intro 1006 requiring cooling tower cleaning three times per year including summer, and Intro 1005 requiring DOHMH public education and outreach about Legionnaires' disease for at-risk populations.
Ida Goldstein, married 50 years, describes her husband Robert's two-week hospitalization on life support before dying from Legionnaires contracted through their home window. She calls the death preventable through proper cooling tower cleaning.
Daniel Thomas describes his 92-year-old father's six-week fight with Legionnaires, including multiple complications and procedures. He calls for stronger enforcement and penalties, noting his father called the disease a 'completely preventable random act of violence.'
Minister Sandra Coleman, president of One Night to Advocates and Isaac Houses resident, calls Legionnaires 100% preventable and criticizes the health department for not hiring adequate inspectors. She reports seniors hospitalized with kidney failure from the disease.
Valerie Mason, chair of Manhattan CB8, says the city's initial response was not rapid or aggressive until local electeds pushed for immediate decontamination. She recommends drone surveys for unregistered towers, mobile testing units, and landlord notification requirements.
Chair Schulman reads Public Advocate Jumaane Williams's statement calling for higher fines for cooling tower violations, noting current fines of $1,000-$2,000 are insufficient. Williams calls for proactive steps and notes the issue has disproportionately impacted Black and brown communities.
Dr. Alistair Martin, DOHMH Commissioner, begins testimony acknowledging the 11 deaths and expressing condolences. He introduces Deputy Commissioners Corinne Schiff and Dr. Andrea Howard joining him.
Martin explains Legionnaires is pneumonia caused by Legionella bacteria in warm water, contracted by inhaling contaminated mist from cooling towers. He notes climate change is increasing risk with longer hotter summers.
Martin describes identifying the cluster on July 2nd, mobilizing testing of 183 cooling towers over the July 4th weekend, and using PCR and culture testing. He notes 90% of patients developed symptoms before July 7th, meaning exposure predated the investigation.
Martin explains the aggressive strategy of ordering cleaning for all PCR-positive towers, and why blanket biocide was not recommended due to corrosion risks. He says the bacterial source was likely eliminated within a week of launching the investigation.
Martin describes canvassing neighborhoods, distributing 6,000 flyers in three languages, hosting webinars and town halls with 2,000 attendees, placing ads on LinkNYC and radio, and pushing NotifyNYC alerts. Over 260 staff supported the response.
Martin outlines the multi-layered oversight system: owner responsibilities, monthly Legionella sampling, DOHMH inspections, and enforcement. He notes NYC has the most comprehensive cooling tower program in the US, strengthened after the 2015 South Bronx cluster.
Martin describes publishing addresses of PCR-positive buildings for the first time, driving compliance from 74% to 97% in the cluster area. Citywide compliance rose from 77% to 81%, and he clarifies non-compliance numbers can be artificially high.
Martin reports 56 budgeted water ecologist positions with 50 filled and 6 open, noting these are highly specialized roles requiring specific credentials. He asks the Council to help recruit qualified candidates through district networks.
Martin explains whole genome sequencing is underway comparing patient and cooling tower bacteria DNA, expected to complete this fall. He notes not every positive tower caused infections and genetic matches would pinpoint the source.
Martin outlines five new measures: cross-referencing DOB and DOHMH data for unregistered towers, adding a mapping feature to the cooling tower lookup, exploring faster culture testing, accelerating OATH hearing dates, and convening a scientific advisory panel on alternative cooling systems.
Martin states DOHMH supports Pre-Intro 2364 on interagency cooling tower identification, has concerns about Intros 181, 999, and 1006, and supports the intent of Intros 1005, 1016, 1017, and Pre-Intro 2422 with recommendations for improvement.
Martin explains concerns that Intro 181 would trigger shower hose requirements for sporadic cases with no heightened risk, and worries about plumbing type challenges and costs being passed to tenants. He offers to discuss targeting improvements.
Martin argues Legionnaires is not COVID and pop-up testing sites have no clinical or public health benefit, could lead to inappropriate care, and that symptomatic individuals should see doctors in healthcare settings rather than wait for test results.
Martin notes existing cleaning requirements and warns that unnecessary biocide use can corrode cooling tower systems, making them more conducive to bacteria. He says monthly sampling already drives corrective action requirements.
Martin expresses support for education outreach (1005), a Legionnaires hotline (1016), post-cluster analyses (1017), and a public database (2422), with recommendations for improvement. He notes concerns about patient confidentiality in mapping diagnosed cases.
Martin concludes by referencing a detailed day-by-day timeline appendix provided to the committee, reiterates the hearing is about honoring those who died, and expresses readiness to answer questions.
Speaker Menin asks why source identification is taking longer than in previous outbreaks (35 days in Harlem, 26 in Bronx). Dr. Howard explains over 300 isolates are undergoing whole genome sequencing from 59 culture-positive towers and patient samples, expected this fall.
Menin questions why inspections dropped from 5,000 in 2017 to 1,100 by mid-2025. Commissioner Martin says inspections are up 30% year-over-year and are one layer of a multi-layered system. Deputy Commissioner Schiff notes staffing shortages and ongoing recruitment.
Menin highlights zero violations in the cluster zip codes in January, March, May, and June, then 180 in July. She questions why there wasn't more proactive enforcement heading into summer. Martin and Schiff defend the multi-layered compliance approach.
Menin presses why 21 of 56 authorized water ecologist positions were unfilled heading into summer. Martin clarifies 50 of 56 are now filled with 6 open, and says the majority were filled before the cluster. Menin disputes this based on her data.
Menin asks why few violations were issued in May and June if 25% of buildings were non-compliant with the new law. Martin says compliance was 74% in the cluster region and 77% citywide, and transparency measures pushed it to 97%.
Menin cites an NBC report that DOHMH has no alert system to trigger enforcement when owners miss reporting deadlines. Schiff explains the follow-up program for positive results but does not directly address automated flagging of missed deadlines.
Menin questions why DOHMH declared the cluster exposure ended on July 31 when four more deaths were reported afterward. Martin explains the exposure had ended based on the two-week incubation period, and Dr. Howard explains delayed death reporting from prolonged hospitalizations.
Schulman raises that the Legionnaires dashboard was closed after the July 31 press release and couldn't be updated with four subsequent deaths. Martin says this follows the same approach used in previous clusters, and the website has since been updated with all 11 deaths.
Schulman asks about Legionella entry, growth conditions, and water temperature ranges. Schiff provides the range of 68-113 degrees Fahrenheit and explains about half of cooling towers operate year-round, with inspections planned accordingly.
Schulman asks how bacteria spreads from cooling towers to people. Martin explains contaminated mist expelled from towers can carry bacteria that people inhale, and wind can spread it across neighborhoods, which is why a broad geographic area is investigated.
Schulman asks how first symptomatic patients are identified and whether providers can be generally alerted to test for Legionnaires. Martin describes syndromic surveillance from ERs and notes a joint health advisory with NYS was sent to all physicians on June 1st before the cluster.
Schulman points out a press release lists first cases as June 27 and 29, while the Legionnaires webpage shows June 23. Martin explains the difference between symptom onset dates and diagnosis dates, and agrees to look into the specific discrepancy.
Schulman asks whether someone must enter a building to be exposed and whether Legionella can spread between cooling towers. Martin says the entire geographic area is at risk from mist, and Schiff says they don't know if bacteria spreads between towers.
Schulman asks about PCR vs. culture testing, turnaround times, lab capacity, and whether 30 certified labs are sufficient. Martin explains PCR takes 24-48 hours, culture takes two weeks, and there are no current capacity concerns. He also describes patient diagnostic testing including urine antigen tests.
Schulman questions the $1.5 million contract awarded to New Jersey-based EMSL Analytical, asking why an out-of-state vendor was chosen and what role they play. Schiff clarifies EMSL handles routine samples while the public health lab handles cluster samples, and has a New York branch.
Schulman asks about the Department of Buildings' role during outbreaks. Martin describes learning from the 2025 unregistered cooling tower discovery and working with DOB over 5-6 months to formalize cross-referencing of registration data, now announced as a new measure.
Maloney asks whether violations found during the outbreak response could have been identified earlier through routine inspections. Schiff explains inspections are annual point-in-time checks and the multi-layered compliance program includes education, training, and reminders.
Maloney asks about best practices for scheduling inspections ahead of summer and raises concerns about Intro 1006 implementation. Martin and Schiff explain existing cleaning requirements and caution that excessive biocide use can corrode systems and promote bacteria growth.
Council Member Morano questions why it took a deadly outbreak and public exposure to get 97% compliance, asking why non-compliant buildings weren't publicly identified before people got sick. Martin says the law was only eight weeks old and transparency is now a core strategy.
Morano questions the jump from zero summonses in May-June to 180 in July, and asks why DOB-DOHMH data cross-referencing wasn't routine before two clusters involving unregistered towers. Martin says the system improves with each cluster experience.
Council Member Won asks about notifying hotel guests when Legionella is detected and protecting workers from retaliation for reporting unsafe conditions. Schiff describes the Highline Hotel case as an example of the system working, and notes 311 as the reporting mechanism.
Council Member Wong criticizes the mayor's absence from the affected community, contrasting with previous mayors who visited outbreak areas. He questions the adequacy of public outreach and social media messaging about symptoms and testing.
A council member questions whether early testing helps and raises concerns about low-income New Yorkers without providers. Dr. Howard emphasizes testing is only recommended for symptomatic individuals and that H&H provides care regardless of insurance or immigration status.
Council Member Narcisse criticizes the failure to learn from Harlem and fill positions, and suggests posting cooling tower test results in buildings like elevator and restaurant inspection grades. Martin agrees there's merit to the idea and notes the new transparency measures.
Council Member Aldebol questions when the 23 new positions were filled, challenges in hiring, and whether recruitment is effective. Martin explains the specialized civil service requirements and Schiff notes the difficulty finding qualified candidates with specific science credentials.
Council Member Ariola criticizes the mayor's absence and asks whether two Harlem DOH buildings are fully staffed with stationary engineers and in compliance with fire and building codes for cooling tower maintenance. Martin says they will follow up on specifics.
Council Member Salaam questions what is different about the department's approach and whether the same urgency was applied to communities with recurring cases in previous summers. Martin says the protocol is systematic and geography-independent, and each cluster leads to improvements.
Speaker Menin reiterates that her data shows 21 positions unfilled during the outbreak and asks about the discrepancy. She also raises the June 23 vs. June 27 first case date discrepancy. Martin agrees to follow up with exact numbers, and Dr. Howard explains backfilling of case data.
Schulman presents data showing one-third of positions unfilled as of July 21 and asks whether vacancies were due to recruitment or OMB not releasing funding. Martin says 50 of 56 are now filled, and Dr. Howard confirms OMB issues are not in play and the challenge is recruitment.
Schulman asks how DOHMH prepared to implement and enforce her 2025 law requiring monthly cooling tower testing. Schiff describes updating guidance, developing regulations, sending notices, holding training sessions, and conducting outreach starting in late 2025.
Schulman asks about NYC's remediation threshold of 1,000 CFU/ml versus Toronto's 10, and whether lowering it would help. Martin and Schiff clarify that NYC also requires action at the 10 CFU level, matching Toronto's standard.
Schulman questions a July 22 vacancy posting for a public health engineering consultant and asks how many staff are dedicated to Legionnaires prevention. Martin says they have public health engineers on staff and the majority of the environmental sciences division works on this issue.
Schulman wraps up the Q&A portion, thanks the DOHMH team, and invites Assemblymember Wright and Senator Cleare to give testimony before opening public testimony.
Assemblymember Jordan Wright describes Harlem's 2025 outbreak with 90 hospitalizations and 114 cases, emphasizing disproportionate impact on Black and brown communities. He discusses his state law requiring biannual cooling tower certification, 48-hour remediation, and increased fines.
Senator Cordell Cleare describes Harlem as ground zero for the 2025 outbreak and ongoing in-building Legionella cases at NYCHA Wagner Houses and 3333 Broadway. She urges advancing legislation on public education, tenant notification, and workforce barriers, and proposes a Legionnaires' Disease Prevention Act.
Chair Schulman calls a five-minute break for staff before resuming public testimony. Some off-microphone conversation is captured during the break.
Gwen Hanlon describes her husband Kevin's death from Legionnaires in 2017 during the Lenox Hill outbreak, noting 96% of cases are sporadic and not part of outbreaks. She calls for comprehensive investigation of every case and a source-to-tap approach like New Jersey's.
Upper East Side resident Jennifer Ratner questions why NYC isn't a model for Legionnaires prevention given its density and cooling tower count. She calls for broader discussion of biocide use and urges NYC to be an innovator rather than following existing approaches.
Water treatment professional Bob Bocock presents independent sampling finding Legionella in 20% of Upper East Side building water fixtures. He argues cooling tower regulation alone is insufficient and calls for a comprehensive source-to-tap approach, noting NYC's unfiltered water status.
Certified nurse midwife Patricia Loftman, testifying for the second year, says no new regulations are needed—what's required is monitoring and enforcement of existing laws. She argues fines cannot be imposed without adequate inspector staffing.
Manhattan Borough President Brad Hoylman-Sigal reports 520 Manhattan buildings haven't reported cooling tower samples in two months, with 347 never reporting. He supports several bills and announces a Manhattan Legionnaires Disease Task Force of community board members.
April McIver of the Plumbing Foundation urges shifting from reactive to proactive prevention, arguing the cooling tower focus is inadequate. She calls for reintroducing Intro 434 to mandate testing of entire building water systems and criticizes green building laws that promote bacteria growth.
Melissa Barber of the Mechanical Contractors Association supports Intro 1006 with amendments, urges studying chemical volumes to prevent corrosion, and calls for an advisory board with contractor representation to discuss energy code impacts on water stagnation.
Samuel Aludo of the Building Trade Employers Association supports an advisory panel examining chemical use and green building mandates, urges adequate agency staffing, and supports reintroducing Intro 434 for comprehensive building water system testing.
David Hawkins of Operating Engineers Local 94 urges mandating water treatment training for cooling tower operators and proposes a DOHMH 7C Cooling Tower Operator Certification focused on Chapter 8 requirements and Legionella minimization.
Lydia Diana of the Hotel and Gaming Trades Council describes the Highline Hotel's Legionella contamination where management didn't notify workers, follow-up tests showed fourfold increase, and workers faced retaliation for safety concerns. She calls for a worker hotline and enforcement measures.
Architect Marco Tomayo proposes mandating geothermal systems for new buildings to eliminate conventional cooling towers, arguing this reduces Legionella risk at the source while also cutting energy consumption and complying with Local Law 97.
Water treatment professional William Spitz discusses issues with towers idle during construction, recommends draining towers until put into service, supports three annual cleanings, and suggests changing 31-day testing to monthly not exceeding 40 days with a grace period.
Maria Freeman of the Harlem Legionnaires Task Force supports Intro 999 for temporary testing sites, arguing they could help low-income and senior populations who may lack insurance or feel intimidated seeking care at hospitals.
Haven Plaza resident Kristen Carey-Ankuda describes ongoing Legionnaires issues since May, reports a neighbor's death on her floor, and calls for free testing. She complains that Bellevue charged $700 for Legionnaires testing and that Lower East Side residents received less attention.
Heven Barhanet describes living with water restrictions since January at 3333 Broadway in Harlem, criticizes DOHMH for sending untrained community health workers without Spanish translation materials, and calls out the mayor and Council Member Abreu for absence. She reports still being under water restrictions.
Kim Smith, founder of the Harlem Legionnaires Task Force, expresses condolences to Upper East Side families, calls for greater accountability and enforcement, and questions whether 56 water ecologists are sufficient for 5,000 cooling towers. She hopes 2027 won't be a trifecta of outbreaks.
Attorney Ronald Katter represents Ida Goldstein and the family of Judge Charles Thomas, calling for strict enforcement and accountability from both cooling tower owners and DOHMH. He argues unenforced laws cannot remedy the recurring plague of Legionnaires' disease.
Dr. Demetrius Daskalakis, a public health professional, describes best practices for Legionella response including fast action, clear communication, and decisive remediation. He urges oversight rooted in programmatic improvement and warns against treating public health workers as targets.
Megan Peterson, president of DC 37 Local 3005, testifies that water ecologist salaries start at $52,000—too low for NYC living costs. She criticizes OMB for delaying hiring over a year, using slow hiring as a budget savings mechanism, and excluding staff from flexible work pilots.
Bill McQuaid, past president of ASHRAE, argues cooling towers get water from the potable water system and that 96% of cases are sporadic. He urges NYC to adopt a comprehensive source-to-tap strategy using ASHRAE standards rather than focusing exclusively on cooling towers.
John Mullen of IAPMO urges full adoption of ASHRAE Standard 188 and Guideline 12, plus ASSE Series 12000 training standards for plumbing and maintenance personnel. He argues building water management plans and certified staff can prevent outbreaks and reduce burden on health inspectors.
Council staff thanks all who testified, reminds that written testimony can be submitted within 72 hours, and closes the hearing.