SPOTLIGHT:
AFFORDABLE HOUSING
December 19, 2014
CIT YANDSTATENY.COM
@CIT YANDSTATENY
YEAR IN REVIEW:
BIGGEST GAFFES AND BREAKOUT STARS
CONTENT S
December 19, 2014 CITY
Specialized high school exam divides the Council By Brian Charles
12....... Council Chairs insist on swearing By Seth Barron
13.......
15.......
STATE
Could Cuomo name a Republican to the state’s highest court? By Ashley Hupfl
THE TOP 10 STORIES OF 2014
22...... Bills of the Year 22...... Breakout Stars 23...... Biggest Gaffes 25......
SPOTLIGHT: AFFORDABLE HOUSING
26...... Will de Blasio’s housing plan speed solve the livability crisis? By Wilder Fleming
29...... De Blasio’s role in Albany’s upcoming housing fight By Jon Lentz
30...... Cuomo’s Tenant Protection Unit faces a challenge from landlords By Jarrett Murphy
33...... 35......
38......
41......
SCORECARD ROUNDTABLE
Q & A’s with Keith Wright, Catharine Young, Vicki Been, Shola Olatoye, Jumaane Williams and Darryl Towns
SOMOS
Interviews from the conference with Tom DiNapoli, Nydia Velazquez, Marcos Crespo and Melissa Mark-Viverito
PERSPECTIVES
Nicole Gelinas on raising Thruway tolls … Stephen Levin and Ritchie Torres on how public housing is key to reducing homelessness
42...... A Q & A with Sol Wachtler, former chief judge of the New York State Court of Appeals
61 Broadway, Suite 2825 New York, NY 10006 Editorial (212) 894-5417 General (646) 517-2740 Advertising (212) 284-9712 advertising@cityandstateny.com
CITY AND STATE, LLC Chairman Steve Farbman President/CEO Tom Allon tallon@cityandstateny.com
PUBLISHING Publisher Andrew A. Holt aholt@cityandstateny.com Vice President of Advertising Jim Katocin jkatocin@cityandstateny.com Chief of Staff Jasmin Freeman jfreeman@cityandstateny.com Business Development Scott Augustine saugustine@cityandstateny.com Director of Marketing Samantha Diliberti sdiliberti@cityandstateny.com Distribution Czar Dylan Forsberg
EDITORIAL Editor-in-Chief Morgan Pehme mpehme@cityandstateny.com Managing Editor Michael Johnson mjohnson@cityandstateny.com Albany Bureau Chief Jon Lentz jlentz@cityandstateny.com Albany Reporter Ashley Hupfl ahupfl@cityandstateny.com Buffalo Reporter Chris Thompson cthompson@cityandstateny.com Policy Reporter Wilder Fleming wfleming@cityandstateny.com Associate Editor Helen Eisenbach Columnists Alexis Grenell, Nicole Gelinas, Michael Benjamin, Seth Barron, Jim Heaney, Gerson Borrero, Susan Arbetter
PRODUCTION SPOTLIGHT:
AFFORDABLE HOUSING
YEAR IN REVIEW:
Art Director Guillaume Federighi gfederighi@cityandstateny.com
BIGGEST GAFFES AND BREAKOUT STARS
December 19, 2014
Graphic Designer Michelle Yang myang@cityandstateny.com Marketing Graphic Designer Charles Flores, cflores@cityandstateny.com
CIT YANDSTATENY.COM
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cit yandstateny.com
Cover: Design by Guillaume Federighi
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Web Manager Lydia Eck, leck@cityandstateny.com Illustrator Danilo Agutoli
city & state — December 19, 2014
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WHAT CITY & STATE DID FOR YOU IN 2014
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city & state — December 19, 2014
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his being the last issue of City & State this year, I hope you will indulge me, for the duration of this column, in sharing some of the things we had the pleasure of doing for you in 2014. We’ve come a long way since January. Starting with our special issue on the first of that month commemorating Mayor Bill de Blasio’s inauguration, we made the leap from being a newspaper to a magazine. Along with this shift, we completely redesigned the look of our print publication, including our logo. This aesthetic reboot—as well as that of our all-new website, which launched in February—was the brainchild of our staggeringly talented art director, Guillaume Federighi, and his team. To get a sense of the scope of Gui’s vision and creativity, I urge you to check out the two-page feature in this issue showcasing all 28 of C&S’ 2014 covers. In addition to the inauguration issue, we also produced a special edition covering the final State of the State address of Gov. Andrew Cuomo’s first term; one devoted exclusively to the borough of Brooklyn; another focusing on New York’s veterans and military service members; another highlighting Latino politics in the Empire State, Puerto Rico and beyond; and, lastly, the one that accompanies this issue, centering on Erie County and the relationship between our state and Canada. These special issues were particularly meaningful to me, not just because they gave a great deal of ink to worthy subjects that do not usually get so much attention but also because of the palpable good that came out of them. For instance, Assemblyman Luis Sepulveda’s deeply personal op-ed about his mother’s suicide, which first appeared as part of our Road to SOMOS series, brought much-needed attention to the largely overlooked epidemic of Latina suicide, particularly among teenagers, and hopefully will help spur our lawmakers in Albany to address this problem. As for our veterans issue, C&S’ pledge to donate a percentage of its proceeds to the Wounded Warrior Project enabled us to give thousands of dollars to that noble cause. We also partnered with the New York Mets to distribute more than 50 tickets to a game this summer to active services members, veterans and their families. And in conjunction with our Above and Beyond awards, which honor exceptional women in the private and nonprofit sectors, we made a gift to the American Cancer Society on behalf of the winner of this year’s chairperson’s award, Susan Kent, the president of the New York State Public Employees Federation. The Above and Beyond gala was just one of the
dozens of dazzling events that C&S Publisher Andrew Holt, Chief of Staff Jasmin Freeman and Director of Marketing Samantha Diliberti put together this year— virtually all of which were free to attend—including our New York–Canada Summit, our annual M/WBE conference On Diversity and our On Education forum—plus our enormously popular Rising Stars and Power 100 receptions in New York City and Albany. By the numbers, City & State created far more original content in 2014 than ever before. In addition to hundreds of articles, we brought you nearly 200 City & State TV videos, 12 weeks of Breves de El Camino a SOMOS emails, 52 weeks of Winners and Losers (and our reporters’ accompanying appearances on C&S columnist Susan Arbetter’s radio show, The Capital Pressroom)—and, of course, more than 250 mornings and afternoons of First Read and Last Read—all free. This year we also ramped up our coverage of the state as a whole, expanding our bureau in Albany and opening up a brand-new one in Buffalo to capture, up-close, the extraordinary renaissance Western New York is experiencing. We also built out new media partnerships across the state, most notably with the nonprofit Investigative Post and WPIX, Channel 11, in New York City. For our work in 2013, City & State received four New York Press Association awards this April, including the prize for best coverage of elections and
politics. As proud as I am of this accomplishment, I am even more proud of the work that our editorial team did in 2014. In April and May we broke two major stories about the work of the Moreland Commission on Public Corruption that had a noticeable impact both on the state Legislature and this year’s electoral landscape. Our Albany bureau chief Jon Lentz turned in one strong piece after another about the fierce battle for the state Senate; our City Hall bureau chief Nick Powell probed cracks in New York City’s Campaign Finance Board system; our new Albany reporter Ashley Hupfl produced thoughtful articles on education, such as her cover story on the Common Core; our policy reporter Wilder Fleming delved into fascinating, underreported areas such as the safety and environmental issues surrounding the transportation of fuel by rail; our Buffalo reporter Chris Thompson pulled back the curtain on the government’s response to Winter Storm Knife; and our managing editor Michael Johnson accelerated C&S’ transformation from a traditional media company to a 21st century multimedia operation. Whew. Just recounting all of those accomplishments leaves me a tad weary. Thankfully, I know what we have it store for you next year— and just the thought of these next exciting chapters rekindles my energy and fills me with new passion. Dear readers and viewers, please stick with us in 2015. The best is truly yet to come.
cit yandstateny.com
We Have a Contract!
Thanks to your support and assistance during a long negotiation process, CSA is proud to announce its new contract with the City of New York. It’s a fair and equitable contract for all members. We thank our state legislators, city council members and our labor friends who stood with us during this time. We thank our members for their patience. CSA has never been stronger.
Great Schools Begin With Great Leaders!
Council of School Supervisors & Administrators LOCAL 1: AMERICAN FEDERATION OF SCHOOL ADMINISTRATORS, AFL-CIO www.csa-nyc.org 40 RECTOR ST., 12TH FL., NEW YORK, NY 10006 TEL: 212 823 2020 | FAX: 212 962 6130 ERNEST A. LOGAN PRESIDENT MARK CANNIZZARO EXECUTIVE VICE PRESIDENT RANDI HERMAN FIRST VICE PRESIDENT
Letters to the
Editor
SETTING THE AGENDA Transportation Infrastructure Good Government Women's Equality DREAM Act Insurance Labor
December 11, 2014
BEHIND THE
SNOW
AN IN-DEPTH EXAMINATION OF HOW GOVERNMENT RESPONDED TO THE BUFFALO BLIZZARD By CHRIS THOMPSON
CIT YANDSTATENY.COM
@CIT YANDSTATENY
In his cover story “Behind the Snow,” City & State reporter Chris Thompson examined government’s response to the massive blizzard in Buffalo last month.
city & state — December 19, 2014
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First of all, as emergency manager for the Town of Hamburg, I am disappointed to again see Erie County Executive Poloncarz provide misinformation to the media regarding the Town of Hamburg’s use of DLAN [Disaster Local Access Network]. Respectfully, I wish to correct your inaccurate information regarding the Town of Hamburg in your article. I can assure you, the Town of Hamburg did in fact use the DLAN system, with our first request for assistance Tuesday, Nov. 18, the first morning of the storm. From there, over 45 DLAN requests were submitted over the course of the storm. I would be more than happy to provide you with all of our requests for service and assistance utilizing the DLAN system. Our town has used the DLAN system in the past, and received training from Deputy Commissioner Adolf over six years ago, along with emergency management personnel from the Town of Boston. This is a fact, as I was emergency manager in Boston when this training was held at the North Boston Fire Company. I applaud the Public Safety Committee of the Erie County Legislature, which invited many local leaders to their meeting today [Dec. 12] to discuss the many positives, and negatives of the storm. I applaud them for bringing people together, in the same room, and discussing issues, instead of exchanging barbs and false statements through the media. This was a storm of great magnitude, one that many newer elected officials may not have been involved in. Our team in Hamburg has been through a fair number of incidents, both weather-related,
as well as incidents of varying scales. We walk away with lessons learned from every event, no matter the size or magnitude. I look forward to the After Action Meeting next Tuesday, as again we all will be in the same room, discussing the good, the bad and the ugly. I work beside the emergency services personnel from Erie County, and have a great working relationship and much respect for the great job they do. We work together as partners and part of a team, which is tasked with making some tough decisions. I know at the end of the day the results and decisions made are in the best interest of the people we serve. Our team performs our jobs with much pride. It is for that reason these inaccurate statements sting. We are very fortunate to have a great network of emergency managers in Erie County, who support each other endlessly. I hope these inaccuracies blaming towns for not using DLAN come to an abrupt end. We have identified a shortcoming of some communities, but through no malice, they did not use it. In Hamburg, we choose to use DLAN, as we are one of the players, one of the partners, in a much larger picture. Incidents like this bring out the best in people, as well as the worst in people. This is becoming a black eye of the event that saw Western New Yorkers step up and help each other in a deadly storm. This really overshadows the efforts of many who worked tirelessly doing what they were trained to do. Thank you for spotlighting one aspect of the storm, as it was the ultimate team effort. —Sean Crotty, Hamburg Emergency Manager Chris Thompson replies: After this story was posted, Poloncarz spokesman Peter Anderson issued this statement in regard to our reporting that the Town of Hamburg did not use the DLAN system: “During the interview, the County Executive inadvertently mentioned the Town of Hamburg as not using the DLAN system, which was a misstatement.” Also, we reported that Erie County faced flooding from a rain storm projected to drop as much as six inches of rain. In fact, the six inches was projected to be a combination of rain and melting snow. To have your letter to the editor considered for publication, leave a comment at www.cityandstateny.com, tweet us @CityAndStateNY, email editor@cityandstateny.com or write to 61 Broadway, Suite 2825, New York, NY 10006. Letters may be edited for clarity or length.
CORRECTION
An incorrect version of the following op-ed ran in the Dec. 12, 2014 edition of City & State. Below is the correct version. TOLL REFORM CAN FIX NEW YORK’S TRANSPORTATION WOES By ALEX MATTHIESSEN and JOHN CORLETT
Our transportation infrastructure is in serious trouble. City streets and state highways are riddled with potholes, and our bridges are deteriorating. Rapid transit is crowded, often delayed and still scarce in certain neighborhoods. Fares and tolls keep going up, yet New Yorkers aren’t getting much in return, in part because other funding sources are drying up. Raising existing taxes on sales, payroll or gas are unpopular options and can’t generate the necessary funding. Forget borrowing, too, as it just means much higher tolls and fares for those already facing significant increases. Short-term fixes in the form of one or two-year capital plans just guarantee New Yorkers worsening roads and more second-rate transit. One idea gaining traction, however, is the Move NY Fair Plan. By balancing New York’s outdated tolling system, we can free up trapped revenue and revamp our outdated transportation infrastructure. The plan advocates cutting tolls on the seven MTA bridges while restoring (electronic) tolls on the four once-tolled “East River bridges” as well as across 60th Street in Manhattan.
This “toll swap” could generate enough revenue to plug the hole in the MTA capital plan, fill transit gaps, and finance aggressive upkeep and improvement of city roads and bridges. As a bonus, the Move NY Fair Plan would curb gridlock and create over 30,000 new, recurring jobs. Given the history of the highway trust fund in New York, protecting the new revenue may be a challenge, but experts say it can be done, mostly through bonding. A recent poll suggests strong support for the Move NY Fair Plan. Let’s stop shortchanging our vital transportation infrastructure and saddling New Yorkers with more fare- and toll-backed debt. Toll reform has the potential to bring a measure of sanity back to New York’s transportation system. All potential funding solutions need to be on the table and publicly debated. The future of our transportation system and economy depends upon it. Alex Matthiessen is president of Blue Marble Project, an environmental consulting firm, and director of the Move NY Campaign. John Corlett is AAA-NY’s legislative committee chair.
NAVIGATING THE ACA AND THE TERRAIN FOR 2015 Debra Friedman, President and CEO of Health Republic Insurance of New York
As small businesses prepare for 2015, many owners are considering how the Affordable Care Act (ACA) will impact their business and how they will navigate it to run their business efficiently and find cost savings. One way to have the ACA work for your business is to find a plan on the Small Business Health Options Program (SHOP) Marketplace – in consultation with your broker or independently -- and take advantage of the tax credit available for eligible small businesses. For 2015, the SHOP is open to employers with 50 or fewer full-time employees (FTEs) and in 2016 businesses with 100 or fewer FTE can use the SHOP.
Other benefits of using the SHOP include:
• Compare health plans online, which helps you to select the option that is best for your business. • Determine if you qualify for a small business healthcare tax credit worth up to 50% of your premium costs. • Deduct from your taxes the rest of your premium costs not covered by the tax credit. • Control the coverage you offer and how much you pay toward premiums.
New York small businesses that shop around for healthcare coverage will find that they can save money by enrolling with a plan that offers both affordability and a broad network of physicians and hospitals. As President and CEO of Health Republic Insurance of New York, I am proud to lead the only Consumer Operated and Oriented Plan (CO-OP) in New York State. We were created to drive competition by increasing affordability and lowering costs throughout the market. In Health Republic’s first year we offered small businesses and individuals the lowest rates and one of the largest networks in the State. New Yorkers responded to the value proposition we offered, and in 2014 we became the largest health plan on the New York State of Health Marketplace and the SHOP Marketplace. In 2015, Health Republic will continue to be the most affordable option for small businesses, and will be amongst the most affordable for individuals. Check out the SHOP Marketplace and take advantage of the benefits that may better enable your business to grow and prosper. We hope you will look to Health Republic to meet your small business needs.
cit yandstateny.com
PROPERTY TAXES AND NEW YORK’S FUTURE: SOLVING THE FISCAL CRISIS OF COUNTIES Brief: In partnership with EffectiveNY, City & State will convene leaders in government, business, and advocacy on January 20th to discuss how New York can solve the fiscal crisis facing counties around the state. Participants will discuss innovative and bold ideas for reducing the property tax burden, creating new sources of revenue, and creating a stronger future with long-term economic growth.
9:15AM
WELCOMING REMARKS
9:20AM
PRESENTATION BY NYS COMPTROLLER, TOM DINAPOLI* Brief: Comptroller DiNapoli discusses the Fiscal Stress Monitoring System his office implemented as an early warning system and outlines trends and best practices from across the country on handling the fiscal crisis.
10:00AM
PANELISTS:
STEVE ACQUARIO, NYS Association of Counties (Moderator) STEPHANIE MINER, Mayor of Syracuse MIKE HEIN, Ulster County Executive STEVE NEUHAUS, Orange County Executive ANTHONY PICENTE, Oneida County Executive More Panelists TBA
10:45AM
NEW YORK STANDS ALONE: A PRESENTATION BY BILL SAMUELS, EFFECTIVENY Brief: Across upstate New York, $7.6 billion of Medicaid costs are currently covered by Local County property taxes. Is it time for New York to join the other 49 states that have absorbed this fiscal responsibility from local counties?
11:15AM
IDEAS INTERLUDE: BIG IDEAS & STATEWIDE IMPLEMENTATION Brief: A discussion convening business leaders, academics, and local officials to discuss out-of-the-box solutions and ideas for localities such as alternative financing for big infrastructure and education projects; the healthcare cost swap proposed by EffectiveNY; and what to do with potential savings.
C LU B 1 0 1
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1 0 1 PA R K AV E N U E
COUNTY EXECUTIVES PANEL DISCUSSION Brief: Exemplifying the many stresses the property tax problem creates for NY’s counties.
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N E W YO R K , N Y 1 0 1 7 8
TUESDAY, JANUARY 20 TH, 2015
PANELISTS:
T U E S D AY, J A N UA R Y 2 0 T H , 2 0 1 5
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DICK RAVITCH, Former Lieutenant Governor E.J. MCMAHON, President, Empire Center for Public Policy* More Panelists TBA
12:00PM
LUNCH
12:30PM
CONSOLIDATION: FINDING NATURAL COST SAVINGS & ENHANCING LOCAL GOVERNMENT Brief: Governor Cuomo has spearheaded the consolidation conversation as a way to move local, state, and federal government forward by finding ways to capitalize on technological advancements and the increased use of data in enhancing government services by reducing overlap and redundancy. Panelists discuss the pros and cons of consolidation, highlighting best practices and moves to avoid.
PANELISTS:
STEPHANIE MINER, Mayor of Syracuse KEVIN LAW, President & CEO, Long Island Association* STEVE ACQUARIO, NYS Association of Counties RON DEUTSCH, Interim Executive Director, Fiscal Policy Institute MIKE HEIN, Ulster County Executive More Panelists TBA
1:15PM
CLOSING REMARKS
For more information on programming and sponsorship opportunities contact Jasmin Freeman at JFreeman@CityAndStateNY.com or 646.442.1662.
OUR YEAR IN REVIEW
In January City & State relaunched as a magazine, along with a new look and logo designed by our art director, Guillaume Federighi. “My aim was to give C&S a more contemporary feel and make it more accessible for a larger audience,” explains Federighi. “We put a lot of thought into sharpening the color palette and doing more with typography, photography and illustration.” Federighi and his team—graphic designers Michelle Yang and Charles Flores—focused on keeping the style of the magazine consistent, while at the same time playing with the way in which its aesthetic would be expressed—as the wide-range of covers below demonstrates. As Federighi puts it, “We wanted every issue to have a flair of its own and have the power to grab people’s attention when they’re walking by our boxes on the street and intrigue them enough to want to pick up a copy.” The Top Ten Mayors in New York City History
De Blasio and Cuomo: Allies or Adversaries?
Meet the City Council’s New Members
Wine and Roses: Choice Lines From Past Addresses
Cuomo and de Blasio: Allies or Adversaries?
Legislative Dossiers: The Members’ 2014 Priorities Revealed
January 8, 2014
Q&A with New York Knicks’ Point Guard Raymond Felton
Preview: 2014 State Legislative Session
Mark-Viverito Elected New Speaker: Can the Council Forgive and Forget?
January 20, 2014
The Good Old Days of Tammany Hall
Spotlight: Healthcare
MEET OUR ELIGIBLE BACHELORS & BACHELORETTES
Is the de Blasio Mandate Exaggerated?
February 10, 2014
January 29, 2014
January 1, 2014
N E W
The Most Powerful People in New York City Politics
One year after its passage, has the SAFE Act reduced gun violence?
2014
C I T Y
POWER 100
SAFER? INAUGURATION
T H E YO R K
SPECIAL ISSUE
SPECIAL EDITION CITYANDSTATENY.COM CITYANDSTATENY.COM
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JANUARY 1, 2014
SPOTLIGHT: MUNICIPAL UNIONS
JANUARY 8, 2014
CAN NONRELIGIOUS POLITICIANS GO MAINSTREAM?
CITYANDSTATENY.COM
JANUARY 20, 2014
JANUARY 29, 2014
FEBRUARY 10, 2014
SPECIAL ISSUE
New York City’s Top Ten Lobbyists Revealed ABOVE & BEYOND
SPOTLIGHT: TRANSPORTATION AND INFRASTRUCTURE
25 WOMEN OF PUBLIC AND CIVIC MIND
March 24, 2014
February 24, 2014
April 21, 2014
March 10, 2014
State
BEATING THE CLOCK IS THERE A DOWNSIDE TO ON-TIME BUDGETS?
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FEBRUARY 24, 2014
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MARCH 10, 2014
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APRIL 7, 2014
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APRIL 21, 2014
Spotlight:
ENERGY
Special Section:
CASINO SITINGS
June 9, 2014
May 26, 2014
May 12, 2014
SPOTLIGHT:
Technology and Telecommunications
June 16, 2014
city & state — December 19, 2014
Rangers Great Turned Environmentalist Mike Richter
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THE
SPOTLIGHT:
ALBANY SESSION
countdown
FORTY
Q&A WITH
A Q & A with
June 30, 2014
RALPH NADER
under
DOLLAR
FORTY
FIELD MARSHAL
QUESTION
New York Congressman STEVE ISRAEL is commanding the Democrats' troops in their uphill battle to retake Congress. Will he prove a Patton or a Pickett?
WHICH POLITICIANS WILL TAKE THE HIT IF THE BILLS BOLT FROM BUFFALO?
STATE o NEW YORKʼS VETERANS S P E C I A L
I S S U E
2014
CONGRESSIONAL ELECTION PREVIEW CIT YANDSTATENY.COM
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MAY 12, 2014
MAY 26, 2014
JUNE 9, 2014
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JUNE 16, 2014
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JUNE 30, 2014
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HARD WORK:
Cuomo's Relationship With Labor
A Q&A with
SPOTLIGHT: MASS TRANSPORTATION
Building back after
SUPERSTORM SANDY July 29, 2014
July 21, 2014
August 28, 2014
OIL RUSH
De Blasio's Outstanding Union Contracts
CAN UNIONS REINVENT THEMSELVES TO BUILD NEW YORK IN THE 21 ST CENTURY?
U.S. SENATOR SCHUMER
Q&A WITH NEW YORK METS GM SANDY ALDERSON
NEW DEALS:
LABOR
2.0
September 15, 2014
By NICK POWELL
CAN SAFETY STANDARDS KEEP PACE WITH AMERICA’S FOSSIL FUEL BOOM?
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JULY 21, 2014
AGENCY FOCUS:
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JULY 29, 2014
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AUGUST 11, 2014
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SEPTEMBER 15, 2014
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WESTWARD EXPANSION:
NYS Department of Transportation
C&S Buffalo Bureau Launches SPOTLIGHT: INFRASTRUCTURE
Your Guide to Latino Politics in New York, Puerto Rico and Beyond November 5, 2014 October 13, 2014
November 17, 2014
October 28, 2014
PHOTOS BY FILIP WOLAK
September 29, 2014
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HIGH STAKES
NEW YORK CITY'S NEXT GENERATION OF P OLITICAL LEADERS
ALL IN
THE CASINO DEVELOPERS HAVE PLACED THEIR BETS.
Albany leaders. Tenant groups. Landlord lobbyists. And an ironclad deadline for key housing laws.
WHO HAS THE STRONGEST HAND?
By JARRETT MURPHY
CIT YANDSTATENY.COM
@CIT YANDSTATENY
SEPTEMBER 29, 2014
@CIT YANDSTATENY
CIT YANDSTATENY.COM
OCTOBER 13, 2014
SETTING THE AGENDA
SETTING THE AGENDA Transportation Infrastructure Good Government Women's Equality DREAM Act Insurance Labor
E d u c at i o n / H eal t h / E n er gy
November 24, 2014 December 11, 2014
CIT YANDSTATENY.COM
@CIT YANDSTATENY
OCTOBER 28, 2014
SPOTLIGHT:
AFFORDABLE HOUSING
BIGGEST GAFFES AND BREAKOUT STARS
BEHIND THE
SNOW
AN IN-DEPTH EXAMINATION OF HOW GOVERNMENT RESPONDED TO THE BUFFALO BLIZZARD By CHRIS THOMPSON
The unlikely alliance between Andrew Cuomo and Chris Christie
NOVEMBER 5, 2014
By ZACK FINK
@CIT YANDSTATENY
CIT YANDSTATENY.COM
NOVEMBER 24, 2014
cit yandstateny.com
DECEMBER 11, 2014
NOVEMBER 17, 2014
NEW YORK– CANADA REPORT CIT YANDSTATENY.COM
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DECEMBER 19, 2014
SPOTLIGHT ON BUFFALO / NIAGARA
CIT YANDSTATENY.COM
CIT YANDSTATENY.COM
YEAR IN REVIEW:
December 19, 2014
P A R T N E R S I N P O W E R
@CIT YANDSTATENY
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DECEMBER 19, 2014
DECEMBER 19, 2014
TO BE CONTINUED IN 2015...
city & state — December 19, 2014
CIT YANDSTATENY.COM
CIT Y
DIVERSITY MATTERS
DEBATE OVER HIGH SCHOOL ADMISSIONS TEST DIVIDES CITY COUNCIL By BRIAN CHARLES from CHALKBEAT NEW YORK
D
eep divisions emerged earlier this month at a City Council hearing on school diversity, as policymakers debated the merits of New York City’s specialized high school admissions test and city officials promised to consider a variety of enrollment policy changes. Mayor Bill de Blasio wants state lawmakers to support a bill that would allow the three oldest specialized high schools to consider multiple criteria when admitting students, something he, Chancellor Carmen Fariña, and civil rights advocates say could increase
diversity at those schools, where black and Hispanic enrollment has steadily fallen in recent years. Only 11 percent of the offers to the eight schools went to black and Hispanic students this spring. “It has become the norm throughout our education system, our higher education system, that we look to multiple criteria for admissions to these venerated institutions,” Councilman Stephen Levin, of Brooklyn, said during the hearing. “To me, this seems like an antiquated system that reduce[s] our students to
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Coalition of Specialized High School Alumni Organizations President Larry Cary rallies a crowd of alumni and parents of specialized high school students outside City Hall.
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city & state — December 19, 2014
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one test on one day.” But supporters of the current system, from within and outside the Council, point to the test as a method that has worked successfully for generations. They bring up the fact that many of the city’s screened high schools, which look at factors like attendance and school grades when making admissions decisions, have a higher percentage of white students than the specialized schools. “The test is not discriminatory,” Queens City Councilman Peter Koo said during the hearing. “If it’s discriminatory, how is it that second generation of immigrants can get in, people from India and the Caribbean? They have dark skin.” “If I was trying to get into a multiple-criteria school, I would not have gotten in,” said City Councilman Jumaane Williams, a Brooklyn Tech alumnus who is black. “The only way I got in was through testing.” The City Council has no authority to make admissions policy changes. But the discussion activated alumni and parents of students at the schools, and dozens converged on City Hall for the
Dec. 11 meeting. Retaining the exam and additional diversity do not need to be mutually exclusive, they said. “Fundamentally, the test reflects the failure of the New York City school system,” President of the Coalition of Specialized High School Alumni Organizations Larry Cary told reporters assembled outside City Hall. His organization sent a five-page letter to Council Speaker Melissa MarkViverito earlier this month urging her to vote “No” on the City Council’s resolution in support of the state bill. The fact that few black and Hispanic students are winning spots based on the test “reflects racism, and it reflects the lack of preparation the school system gives the kids in the black and Hispanic community,” Cary added. The admissions policies at Bronx Science, Brooklyn Tech and Stuyvesant high schools were enshrined in state law in 1971. The authority to change the admissions policy at the other five specialized high schools that rely on the specialized test lies with the city, though the Department of Education has not said whether it will make cit yandstateny.com
CIT Y any moves without state support for changing the policies at the other three schools. What city officials did say is that they are working to expand the number of students taking the specialized high school exam by asking all middle school guidance counselors to push the top 15 percent of their students to sign up for the SHSAT (Specialized High School Admissions Test). Providing more and better access to test preparation, agreed City Council members, the alumni coalition and city officials, should be a priority regardless of whether the admissions policy changes. But a two-year tutoring program aimed specifically at preparing low-income students for the exam has gotten smaller. Ursulina Ramirez, the Chancellor’s chief of staff, said during her testimony that the program, called DREAM Specialized High School Institute, has been hamstrung by a lack of funding. Eight hundred students enrolled in DREAM when it launched in 2012, but only 450 slots were funded this year, even though more than 6,000 students qualified. “While we would like to expand the program to meet the demand, we are limited by funding constraints,” Ramirez said. Department of Education officials also said they had trouble recruiting students for the program in the South
Bronx, central Harlem and central Brooklyn, where students often have to care for younger siblings or contend with problems at home that interfere with attendance. “There are issues getting information out to students who qualify and keeping them enrolled in the test prep,” said Ainsley Rudolfo, executive director of program and partnerships at the Department of Education’s Office of Equity and Access. “Life has been getting in the way.” The hearing also addressed broader issues of diversity in the city’s schools, including a bill that would require the city to release more information about school-level diversity and another that would require the city to “prioritize” diversity in its admissions policies, and when it creates new schools or rezones schools. Department officials said the chancellor was committed to diversity and would support the resolution requiring annual diversity reports. Chalkbeat New York is a nonprofit news organization covering educational change efforts in the communities where improvement matters most. The Chalkbeat network has bureaus in New York, Colorado, Indiana and Tennessee. Its mission is to inform the decisions and actions that lead to better outcomes for children and families by providing deep, local coverage of education policy and practice. Visit ny.chakbeat.org.
Without
Fair Facility Funding New York’s charter schools are left out in the cold.
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Stand Up for Charter Schools!
Brooklyn Tech is one of the three specialized high schools in New York City where admissions policies were enshrined in state law in 1971.
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Charter School Advocacy Day February 3th, 2015 Albany
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fter waiting for more than eight hours to testify at a New York City Council hearing on Dec. 11, a former state assemblyman was not allowed to speak—because he would not bend his knee and pledge his troth to the committee chair. Education Committee Chair Daniel Dromm told former Assemblyman Michael Benjamin that “the rules of the Council” dictate all members of the public swear or affirm that they are telling the truth before they testify at a Council hearing—even though the rules only specify that government officials be sworn in. Benjamin, who represented a district in the Bronx for four terms in the Assembly and is now a columnist for City & State, waited in City Hall all day to speak in opposition to a resolution calling on the state Legislature to impose racial diversity on the city’s elite high schools by changing their rigid admission standards. Benjamin, an African-American who attended the top-rated Bronx High School of Science, and who favors the current system, was ordered by Dromm to raise his right hand and swear that his testimony would be truthful, or else he would not be allowed to testify. “You are not a court of law, and you have no oversight over me,” said Benjamin to Dromm in a heated exchange. “The fact that I am here proves that I want to give testimony, period.” “The rules of the Council,” responded Dromm, after consulting with his colleague Brad Lander, chairman of the Rules Committee, “require that you be sworn in.” He then dismissed the panel without allowing Benjamin to voice his perspective.
Though Dromm spoke as though he were respecting ancient standards of protocol, the Council’s rules regarding swearing in have been around only since May of 2014, and explicitly do not “require” members of the public to be sworn in. Council Rule 7.50.e, adopted as part of a package of progressive rules reform earlier this year, states, “The chairperson of each committee shall ensure that representatives of [c]ity governmental entities [emphasis mine] affirm prior to testifying at a committee meeting that their testimony is truthful to the best of their knowledge, information and belief.” While committee chairs are probably allowed to make members of the general public swear they are telling the truth, the intent of the rule is clearly to ensure that city officials are not perjuring themselves. Brad Lander, at a Rules Committee hearing on May 7, alluded to the change as “affirming that city government officials are telling the truth.” And Speaker Melissa Mark-Viverito, at the May 14 stated meeting, said, “We are further empowering committee chairs to run their committees and hold stronger oversight, by giving chairs the responsibility of directing city government officials [emphasis mine] to swear in.” Neither of these Council leaders said anything about compelling members of the public to swear in or else forfeit their ability to speak. After all, what is the point of this rite, other than to demonstrate the power of committee chairs in all their schoolmarmish splendor? Is it even plausible that a member of the public would wait around for hours to present his or her personal opinion, and then lie about it? And if so, who cares?
WILLIAM ALATRISTE
SETH BARRON
I SWEAR Education Chair Daniel Dromm would not allow City & State columnist Michael Benjamin to give testimony before the City Council after he refused to be sworn in. Especially when the matter under debate is a non-binding resolution that Albany will never, ever look at—much less act upon—this ritual comes across as particularly ridiculous. People who line up to give testimony have not been summoned before the Council: They come forward on their own volition to petition their government or to air a grievance. The barriers to do so are high enough: finding out when a committee meets, attending during the workday, and waiting, sometimes for hours. All this to get the floor for two or three minutes to speak—usually only to the committee chair and some staffers, because the rest of the Council members have left—and then to be waved off for the next panel. These concerned citizens, unlike the cynics and hacks they face, actually believe that their opinions matter, and that these hearings are not just a showcase
for elected egos. A great many other committee chairs do not even bother to swear in members of the public, because it is silly, and an abuse of ceremony. People who come voluntarily before the Council deserve respect and an assumption of honesty. They are not puppets for pompous, power-tripping legislators to order about. Speaker Mark-Viverito, whose spokesperson would not tell me what her opinion on the matter is, should advise committee chairs to exercise some discretion in how they throw their rather minuscule weight around, if only for the appearance of dignity.
Seth Barron (@NYCCouncilWatch on Twitter) runs City Council Watch, an investigative website focusing on local New York City politics.
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COULD GOV. CUOMO NAME A REPUBLICAN TO THE STATE’S HIGHEST COURT? By ASHLEY HUPFL
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“It has nothing to do with the politics of Democrats or Republicans,” Cuomo said on the Capital Pressroom radio show in November when asked about his appointment of Stein. “That’s just not a factor when it comes to making these selections.” Some observers disagree, arguing that governors always consider political motivations when nominating judges to the state court. New York State Court of Appeals cases sometimes involve legal situations that have no precedent, and other times they require judges to sort through laws that contradict one another. “If you have individuals on the court who philosophically tend to be more liberal, their decisions are going to be informed by their philosophies—
there’s just no other way for them to be deciding these cases,” Albany Law Professor Vincent Bonventre said. “We always hear at these hearings, ‘Well, I will just apply the law,’ but that’s nonsense. People think that sounds right, that that’s what judges do, but believe me, there’s nobody that studies high courts that believes such nonsense.” The upcoming open seat being vacated by Smith, Bonventre noted, could be a politically opportune time for Cuomo to nominate a Republican judge, because he has already established a Democratic majority. In 2015 the next open seat will be that of the court’s chief judge, currently held by Jonathan Lippman, and observers believe Cuomo would be
less likely to nominate a Republican in that instance. The chief judge of the state Court of Appeals oversees and supervises the other six associate judges on the court, and administers New York’s entire court system. The governor’s father, former Gov. Mario Cuomo, was known for choosing both Republican and Democratic nominees for the Court of Appeals during his tenure. Of Mario Cuomo’s first three nominees, two were Republicans. The elder Cuomo also nominated a historically diverse Court of Appeals, naming the first female, black and Latino judges to the court. He also nominated a Republican chief judge, Sol Wachtler, in 1985. “There may be some pressure—
During his second term, Gov. Andrew Cuomo will have four vacancies to fill on the New York State Court of Appeals, including that of the chief judgeship.
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few weeks before Election Day, Gov. Andrew Cuomo burnished his liberal credentials by nominating Leslie Stein to the New York State Court of Appeals, swinging the balance of the court from a Republican to a Democratic majority. Cuomo’s decision to pick Stein disappointed Republicans, who wanted Judge Victoria Graffeo, a Pataki appointee whose term is expiring, to be reappointed to the state’s highest court. Stein is the second state Court of Appeals appointment Cuomo has made, both of them Democrats. At least four seats will open on the state Court of Appeals during Cuomo’s second term, one of which is already waiting to be filled. New York State Court of Appeals Judge Robert Smith, a Democrat, reached the mandatory retirement age of 70 in August, and Cuomo is required by law to name a replacement by the end of the year. Cuomo has missed recent deadlines, ignoring a 30-day deadline in October to nominate a candidate to fill Graffeo’s seat after being presented with the list of potential appointees; the state Senate then failed to meet its 30-day limit to vote on confirming his choice. Moving forward, the governor will have to decide whether to continue to nominate Democrats or for the first time to pick a Republican. While it is standard practice for American presidents to nominate members of their own party to the U.S. Supreme Court, Cuomo might still select at least one Republican to join the court as additional seats open up during his second term in office. Cuomo walked a tightrope in his first term, maintaining a productive relationship with state Senate Republicans while also passing liberal legislation and defending his progressive priorities. He has sought to portray his nominations as nonpartisan decisions.
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maybe even some internal pressure— that will influence Andrew Cuomo to appoint a Republican,” Bonventre said. “I’m sure the Senate Republicans will be complaining if he doesn’t appoint one Republican.” Candidates go through a rigorous screening process before the governor makes his choice. Applications first go to the 12-member judicial nominating commission, which is currently chaired by former state Court of Appeals Chief Judge Judith Kaye. The governor, the current chief judge of the Court of Appeals and the state Legislature each nominate four members of the commission. Commissioners then interview a select number of applicants and present the governor with a list of three to seven candidates, from which he selects his nominee. In recent years Kaye has tried to raise awareness of the openings and expand the field of candidates. “I think not enough people know about the court, and how important the court is, and how important it is that we get the best people. I would like to see public awareness raised so we get the very best people,” Kaye said. “The Court of Appeals sets the
law in so many areas—whether it’s housing issues, family issues, criminal law issues or constitutional issues, the decisions of the court in so many ways impact our lives.” Of the candidates on the list presented to Cuomo from which he eventually chose Stein, six were Democrats; Graffeo was the only Republican option. “That doesn’t necessarily mean Judge Kaye and the commission members were avoiding Republicans. It just could be Republicans just
“There may be some pressure—maybe even some internal pressure—that will influence Andrew Cuomo to appoint a Republican.” weren’t applying … because they might have figured [that] with Gov. Andrew Cuomo they didn’t have much of a shot,” Bonventre said. “But some of us have been complaining about that. I’m a Democrat, for Christ’s sake, but I thought it was unseemly that there
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also appeared on the list of possibilities from which he ultimately selected Stein: Eugene Fahey, also an associate justice of the Appellate Division, Fourth Department, and Rowan Wilson, a partner in the litigation department of the firm Cravath,
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Swaine & Moore. Cuomo’s other choices are Kathy Chin, a partner at Cadwalader, Wickersham & Taft; Hector Gonzalez, a partner at Dechert LLP; and Stephen Younger, a partner at Patterson Belknap Webb & Tyler and a past president of the New York State Bar Association. Even though the nominating process can be political, the state Court of Appeals has been less polarized in its decisions, observers say. For example, in 2009 a Republican judge joined three Democratic judges to strike down a youth curfew in Rochester, and in 2010 a different Republican judge joined three Democrat judges to rule that the state Constitution barred the police from placing GPS tracking devices on cars without a warrant. Of course, a Democratic-majority Court of Appeals will likely inure to Cuomo’s benefit particularly if he pushes the more liberal agenda he promised during his gubernatorial campaign, such as the passage of the Women’s Equality Act and, more recently, criminal justice reform. “With the majority of the court being Democrat, the direction and its jurisprudence of the law is going to change,” Bonventre said.
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weren’t any Republicans on the list. So maybe the commission heard some of those complaints and encouraged Republicans to apply. There are two very strong Republicans on this list [to replace Smith].” Those two Republicans are Erin Peradotto, an associate justice of the Appellate Division, Fourth Department, and Mary Kay Vyskocil, a senior litigation partner with the firm Simpson Thatcher & Bartlett. Of the other five judges from whom the governor can select his nominee, two
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MARK-VIVERITO ELECTED COUNCIL SPEAKER
THE BUFFALO BILLS SALE
NEW YORK’S BANK SETTLEMENT WINDFALL
In recent years there have been many historic firsts in American politics, from the election of the first black president to that of the first female Speaker of the New York City Council. Milestones are achieved so often these days, it seems, that the public hardly takes notice when a new one is reached. Before this year, however, New York City’s Latino community was notably bereft of lawmakers in the top rungs of power. The election of Melissa Mark-Viverito as Speaker of the City Council changed that paradigm. There was a palpable cathartic emotion in the chamber as she was sworn in: the balcony and crowded floor filled with dozens of people unable to hold back tears. Mark-Viverito’s election was far from a foregone conclusion—in fact, in the early stages, she was considered somewhat of a long shot. Mayor-elect Bill de Blasio’s support of Mark-Viverito, which became clear at the 2013 fall SOMOS conference, helped hurtle her into contention, but still many political insiders assumed that the powerful Queens and Bronx Democratic party bosses, Joe Crowley and Carl Heastie, would steer the vote in a different direction. In the end, though, it was relatively new Brooklyn Democratic boss Frank Seddio who cut a backroom deal with progressives to deliver Mark-Viverito the speakership. Beyond its historic implications, Mark-Viverito’s victory had instant wide-reaching implications for the city, giving the new mayor a progressive partner in government, demonstrating the mayor’s clout and his willingness to use it, and upending the long-standing system of party boss rule.
On March 25 Ralph Wilson, the founder of the Buffalo Bills and the second-longest-standing owner of a football team in the history of the National Football League, died at age 95. Wilson’s death put one of Buffalo’s most crucial points of pride in jeopardy as the family declared the team for sale, and opened the possibility for anyone with the money to buy it to do whatever he or she wanted with the team—including move it out of town—which was nothing short of a crisis for Western New York politicians and Gov. Cuomo. The specter of the Bills leaving Buffalo had long been looming; in his last years, Wilson managed to leverage this threat to get Erie County and the state of New York to spend $130 million renovating Ralph Wilson Stadium, where the team plays, in return for a lease agreement that would keep the Bills in town for at least another seven years. But seven years is only seven years, and when the Wilson family put the team up for sale earlier this year, at least one potential buyer—none other than rocker Jon Bon Jovi, in conjunction with Maple Leaf Sports and Entertainment—threatened to move the team to Toronto. The bidding soon took on a surreal tone; at one point, Bon Jovi began competing with Donald Trump to buy the team. But in September, fracking magnate and Buffalo Sabres owner Terry Pegula swooped in, bought the team for $1.4 billion, and promised to keep the Bills in town. And there was much rejoicing among fans and elected officials alike.
New York State now finds itself in the enviable situation of deciding how to spend a $5 billion-plus windfall thanks to settlements over the past year negotiated by the state’s Department of Financial Services, led by Superintendent Ben Lawsky, with banks like Credit Suisse Group AG and BNP Paribas SA. (The former financial institution allegedly helped Americans evade taxes, and the latter conducted business with countries subject to United States sanctions.) While the specifics of how the cash will be alloted are still up in the air, there appears to be some general agreement among state officials: Both Gov. Andrew Cuomo and state Comptroller Thomas DiNapoli have warned against using the money to fund any recurring budget expenses, since it basically amounts to a one-time jackpot. Top state lawmakers appear to concur with the governor that the money should be used, at least in part, for investment in New York’s aging infrastructure, although it is not yet clear what their definition of infrastructure is in this case. While we will have to wait for the outcome of next year’s legislative session to see how exactly the funds will be spent, one thing is certain: The governor and lawmakers have caught a mighty break. Painful budget cuts will be avoided, jobs will probably be created, and constituents will be placated with muchneeded infrastructure upgrades that won’t drain the tax base.
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THE BATTLE OVER COMMON CORE
BRIDGEGATE
DE BLASIO’S UNIVERSAL PRE-K VICTORY
Despite Common Core having been introduced in 2011, the fight over the new education standards reached a fever pitch this year as parents, teachers and politicians clashed over how best to reform the system after its implementation was bungled. The first round of scores from the new state tests aligned with Common Core provoked an explosive response from parents and teachers when test scores plummeted. New York State United Teachers, the state’s teachers’ union, fought hard against the teacher evaluations tied to the new Common Core-aligned state tests, and many state legislators sought to delay or even repeal the new standards. Gov. Andrew Cuomo and the state Legislature agreed in the final hours of the 2014 legislative session to delay some of the effects of the teacher evaluations, but critics argue that the standards are fundamentally flawed and a federal takeover of education. Republican gubernatorial nominee Rob Astorino made repealing the Common Core standards one of his central campaign issues, going so far as to create a “Stop Common Core” ballot line—which, although Astorino lost the election, tallied the 50,000 votes needed to secure official ballot status for the next four years. As it appear likely the standards are here to stay in New York, the political battle surrounding the standards is all but certain to be ongoing—and heated.
What Gov. Chris Christie’s role was in the closure of lanes coming off the George Washington Bridge based upon a false pretense, apparently as an act of political retribution, turned out to be one of the biggest political stories of the year nationally—and it also had a dramatic impact on New York politics. Republican gubernationial nominee Rob Astorino openly blasted Christie for not supporting his challenge of Andrew Cuomo—intimating that Christie, the chair of the Republican Governors Association, was throwing him under the bus in exchange for Cuomo staying quiet about what he knew about Bridgegate. Meanwhile, the New York State Assembly and Senate Democrats took aim at Christie, teaming up with Democrats in the New Jersey Legislature, to pass a bill aiming to reform the Port Authority’s structure that had to clear both houses of the Legislature in both states, with the aim of eliminating cronyism in the massive, multi-billion-dollar bi-state agency. While Christie spent the year trying to fight his way off the ropes and regain his status as a frontrunner for the GOP nomination for President in 2016, Gov. Andrew Cuomo and his appointed executive director at the Port Authority, Pat Foye, both struggled to answer questions about what they knew about Bridgegate and when they knew it. Much of the national media ignored the New York angle of this story, but the state press corps has not moved on and is likely to pounce on any new details that come to light. In remains to be seen whether we will look back on 2014 and realize that this was a much bigger story on the New York side of the Hudson River than it has appeared to be to date.
After making the introduction of universal prekindergarten in New York City one of the principle platforms of his mayoral campaign, Bill de Blasio started this year with the daunting task of delivering on that promise. De Blasio first had to broker a deal in Albany, initially proposing a tax increase on the rich to support the plan before eventually receiving from the state the $300 million in funding he needed to launch the program. De Blasio did fall short in his fight to tax the city’s wealthiest residents, which he argued was necessary to secure a guaranteed line of funding for the program’s future, butting heads with Gov. Cuomo as he learned a lesson many mayors (especially Michael Bloomberg) have been schooled in over the years—that having one’s way in Albany is not easy. Once the money was secured, the de Blasio administration then faced the enormous challenge of getting a program up and running to serve 51,500 children in just a few months, in time to be ready for the first day of school in September. The extremely short implementation time has led to some problems, such as delays in funding from the New York City Department of Education to pre-K centers, and some education advocates have raised concerns about the city’s ability to ensure the health and safety of children at the new pre-K sites. In addition, New York City Comptroller Scott Stringer made waves in late August when he blasted the de Blasio administration for failing to submit contracts for hundreds of pre-K sites before the first day of school. By overall, de Blasio’s efforts appear to be a success and the fast-paced expansion of pre-K will continue into next year, as he has promised to boost the number of pre-K seats from 51,500 to more than 70,000 in 2015.
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The state Senate has long been the last remaining bastion of statewide power for Republicans in New York, and this year the party tightened its grip on the upper house by winning an outright majority during the November elections. For months what the balance of power in the state Senate would be come 2015 was an open question. During the past two legislative sessions, Republicans maintained control only through a coalition with the Independent Democratic Conference, a small breakaway group of Democratic senators, as well as the defection to their majority of state Sen. Simcha Felder, a Democrat who opted to caucus with the GOP after first being elected in 2012. However, the viability of the powersharing arrangement, which was widely seen as tacitly approved by Gov. Andrew Cuomo, came into question in June when state Sen. Jeff Klein, the leader of the IDC, announced a new coalition with the mainline Senate Democrats. Cuomo, who had already committed to joining New York City Mayor Bill de Blasio and organized labor groups in a $10 million effort to win a Democratic Senate majority, announced his support for the reconciliation. But about a month before the election, polling results in key Senate races indicated that a number of Democratic incumbents were increasingly vulnerable and that several of the candidates the Dems were depending upon to pick up seats were struggling. Cuomo came under fire
from the left for not investing enoughs of his efforts into helping Democrats, despite his promise to fight for their election. Some observers speculated that the governor was only too happy to let the GOP maintain power, because a Republican-controlled Senate gave him a foil to blame for bills he did not want to pass. On Election Day, Republicans capitalized on an anti-Obama wave and the low turnout that historically boosts their party in mid-term elections. Ultimately, the Republicans lost just one Senate seat—state Sen. Mark Grisanti’s—while knocking out Democratic senators Cecilia Tkaczyk, Terry Gipson and Ted O’Brien and holding the seats vacated by Greg Ball, Lee Zeldin and Charles Fuschillo. The Republicans’ new outright majority shifts the balance of power in the chamber, marginalizing Klein to a degree, although the IDC is apparently sticking with the GOP after all. For Senate Republicans 2015 will mark a return to the status quo they enjoyed for decades in the chamber. Their conference will have a major impact on issues like charter schools and the expiring rent laws, as well as playing a significant role in what does not get done. Cuomo committed during the campaign to passing the DREAM Act, public financing of campaigns and the 10-point Women’s Equality Act, but all those measures now face an increasingly unlikely path forward with the GOP in charge.
GOV. ANDREW CUOMO WINS RE-ELECTION Gov. Andrew Cuomo’s re-election victory was never in doubt, thanks to the state’s vast Democratic enrollment advantage, as well as his shrewd governing style that resulted in a string of on-time budgets and a slew of legislative accomplishments. But Cuomo’s lackluster performance at the polls this fall reflected growing disappointment in the governor among conservatives and liberals alike, despite his concerted effort to position himself as a centrist with a record of getting things done. In upstate New York, conservatives were unhappy with the governor’s lengthy and frequently delayed review of hydrofracking and his hasty passage of the NY SAFE Act, a landmark gun control law. Yet the Republican Party took months to coalesce around Westchester County Executive Rob Astorino, whose campaign would struggle to raise money and never gained much traction. By contrast, business interests that backed Cuomo’s fiscally conservative achievements, including the passage of a 2 percent property tax cap, helped him amass a record $47 million campaign war. Meanwhile, progressives who had applauded the legalization of same-sex marriage early in Cuomo’s tenure grew disillusioned over his failure to advance their priorities, including a more robust minimum wage hike, the DREAM Act and the public financing of campaigns. Cuomo also took a hit after reports surfaced that he had meddled with the Moreland Commission to Investigate
Public Corruption, which he had billed as an independent body. Zephyr Teachout, a little known law professor, emerged as a serious threat to win the backing of the liberal Working Families Party, prompting Cuomo to pledge publicly that he would push for a Democratic Senate majority and support the WFP’s agenda. Though the WFP ultimately gave Cuomo its line, Teachout nonetheless mounted a challenge to him in the Democratic primary, garnering a surprisingly large percentage of the vote. In the general election the Green Party’s Howie Hawkins also would siphon progressive voters away from Cuomo. In the end, though, Cuomo secured a solid 54 percent of the vote in November, compared with 40.6 percent for Astorino and nearly 5 percent for Hawkins. But Cuomo’s vote total plummeted from his run four years ago, dropping by around a million votes. Still, the election was not without its bright spots for the governor. His Women’s Equality Party, which was created to promote the Women’s Equality Act and boost turnout for Cuomo and his running mate Kathy Hochul, tallied enough votes to secure official ballot for the next four years. And of course his victory is arguably the most significant story of 2014 in terms of its likely long-term impact: Cuomo, who is already one of New York’s most powerful governors in recent memory, now has another four years to continue making his mark.
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02 01 Gov. Andrew Cuomo’s Moreland Commission to Investigate Public Corruption, which he set up in 2013 after lawmakers failed to pass an ethics reform package, ended up backfiring when it became clear that the governor’s office had meddled in the Commission, which he had depicted as independent of his influence. The blue-ribbon Commission was unveiled in July 2013 to much fanfare, with state Attorney General Eric Schneiderman granting its commissioners subpoena power and Cuomo tasking them with rooting out corruption. Investigators launched a number of probes, one delving into the details of lawmakers’ outside spending, which prompted a legal battle. In May City & State reported that another Moreland investigation into the potential misuse of campaign funds turned up suspicious spending by state Sens. George Maziarz and Greg Ball, among others. Both lawmakers declined to run for re-election (they deny any connection between their decision and the probe), and a federal investigation of Maziarz was launched. Where the administration got tripped up was its attempts to control the Commission’s direction, even though the governor had pledged that it could investigate anyone—including himself. Despite objections from within the Commission, the preliminary report it issued in December 2013 omitted any mention of the pro-Cuomo lobbying group Committee to Save New York, reportedly at the behest of cit yandstateny.com
the governor’s office. A top aide to the governor demanded that a subpoena of a media-buying firm that worked for Cuomo be pulled back. And the Commission’s executive director kept the governor’s staff apprised of its investigations. In the spring Cuomo shut down the Commission, even though it had uncovered a number of promising leads, after lawmakers passed an ethics package some good government groups criticized as weak. The development caught the attention of U.S. Attorney Preet Bharara, who took over the Commission’s work and publicly chided Cuomo for shutting it down. Bharara also announced he would not rule out looking into whether the administration acted improperly, to which the governor responded by saying he could do whatever he wanted with “my commission.” The Daily News and City & State had reported on the administration’s interference, but it was not until a front-page New York Times exposé was published in July that the Commission became a major embarrassment for the governor. Cuomo’s gubernatorial rivals seized on the issue on the campaign trail, but polling seemed to show that it was too arcane for enough voters to connect with. To date no indictments have come out of the U.S. Attorney’s probe. What Bharara eventually turns up, if anything, will determine whether Moreland was just one of the biggests stories of 2014, or whether it will again be a top story in 2015.
THE DEATH OF ERIC GARNER Last November many New Yorkers rejoiced at the election of Bill de Blasio, in part because of his pledge to end policing practices like stop-and-frisk that many people felt unfairly targeted blacks and Hispanics and undermined civil liberties. One year later this anger and frustration has approached a boiling point, catalyzed by the death of Eric Garner, captured dramatically on video, at the hands of a police officer. The subsequent decision of a grand jury not to indict Officer Daniel Pantaleo on manslaughter or criminally negligent homicide charges ignited weeks of protests that continue to this day. For city and state politicians, this has been a difficult case to maneuver. While many threw caution to the wind and berated the decision, Gov. Andrew Cuomo and Mayor de Blasio have walked a fine line so as not to offend police officers and those members of the public who believe Pantaleo did nothing wrong. Meanwhile, the protesting masses have adopted Garner’s last words—“I can’t breathe”—and the mantra “black lives matter” to express their outrage. As a result of Garner’s death, calls for criminal justice reform have already come from leaders at all levels of government and from droves of advocacy groups. Many lawmakers want a special prosecutor to look into cases where police officers kill unarmed citizens, so district attorneys can be freed of any conflicts of interest they may
have prosecuting police officers whom they work with day in and day out in pursuit of convictions. However, actually enacting criminal justice reforms, like the introduction of a special prosecutor, will be an uphill battle because they would have to pass the Republican-controlled state Senate, which tends to side with law enforcement. On a parallel track, criminal justice activists are demanding immediate reforms at the NYPD, and some critics are calling for Police Commissioner William Bratton to be fired. De Blasio has responded by publicly supporting Bratton and talking about how the city needs to fundamentally change the relationship between police and communities of color. How this situation continues to unfold is all but certain to be the most compelling story in the early months of 2015. We selected Eric Garner’s death as the top story of 2014 not only because of its profound effect upon the city and state, but also because of its impact on the national discussion about race, law enforcement and the justice system, sparked by incidents like the shooting of Trayvon Martin in Florida and that of Michael Brown in Ferguson, Missouri. Over the years it has often been observed that a certain conflict is “the civil rights issue of our time.” Right now police relations with minority communities is that issue.
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city & state — December 19, 2014
MORELAND COMMISSION BACKFIRES
BILLS OF THE YEAR
MEDICAL MARIJUANA New York became the 23rd state to legalize the use of marijuana for medical purposes with the passage of the Compassionate Care Act, although the Cuomo administration insisted on strict controls and a ban on smoking it.
NEW YORK CITY
PAID SICK LEAVE Expanding on a more limited paid sick leave measure from 2013, Mayor Bill de Blasio signed legislation in March requiring businesses with five or more employees to provide paid time off, a top priority for progressives.
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city & state — December 19, 2014
COMBATING HEROIN State lawmakers approved a package of bills to fight the epidemic of heroin, opioid and prescription drug abuse, including stiffer penalties, an increased supply of an antidote for first responders and insurance reforms to improve access to treatment.
CHARTER SCHOOL PROTECTIONS Gov. Andrew Cuomo hammered New York City Mayor Bill de Blasio over charter schools and added protections in the state budget, including requiring the city to find space in traditional public schools for charters or else to cover their rent.
MUNICIPAL IDS In June the City Council in June approved the creation of municipal identification cards, which will enable undocumented immigrants to access city services as well as providing them with an ID for everyday use.
VISION ZERO De Blasio’s top transportation priority in 2014 was an initiative to end traffic deaths and injuries. The effort prompted the City Council to reduce the residential speed limit to 25 mph, down from 30 mph.
MARCOS CRESPO The Bronx assemblyman is taking the reins of the state Legislature’s Puerto Rican/Hispanic Task Force, which puts on the SOMOS el Futuro conferences.
CHRIS MOSS The little-known Chemung County sheriff suddenly became a statewide figure when Republican gubernatorial nominee Rob Astornio selected his as his running mate as lieutenant governor.
RICHARD FUNKE The former TV anchor was one of the Senate Republicans’ biggest winners, beating state Sen. Ted O’Brien in his first run for elected office.
ELISE STEFANIK The former White House and campaign staffer didn’t just pick up a key seat for Republicans—at 30, she became the youngest woman ever elected to Congress.
HOWIE HAWKINS The Green Party gubernatorial candidate wasn’t a newcomer, but he won an impressive 5 percent of the vote, moving the Greens up to the fourth ballot slot.
ZEPHYR TEACHOUT The law school prof came out of nowhere to threaten Gov. Andrew Cuomo, first in a Working Families Party battle and then in the Democratic primary.
JOHN KATKO A former federal prosecutor, the GOP’s Katko crushed Democratic Rep. Dan Maffei in Central New York—by a whopping 20 points.
TIM WU Wu posed a more serious threat than Teachout as her running mate, even though Kathy Hochul ultimately defeated him in the Democratic primary for lieutenant governor.
LORETTA LYNCH The U.S. Attorney for the Eastern District of New York has long toiled behind the scenes, but that’s all over now that she has been nominated as U.S. attorney general.
LEE ZELDIN The outgoing state senator and Republican rising star scored another House pickup for the GOP, knocking out Rep. Tim Bishop on Long Island. cit yandstateny.com
WILLIAM ALATRISTE
NEW YORK STATE
BREAKOUT STARS
Public Advocate Letitia James claimed she had played a behind-thescenes role in a New York Times series about homelessness, helping put a young girl named Dasani Coates on the front page and making her the “face of poverty in the City of New York.” The only problem? The Times made it clear James was not actually involved.
After the State of the Union address, Rep. Michael Grimm responded to a question about an investigation into his fundraising by threatening to throw NY1 reporter Michael Scotto over a balcony and break him in half “like a boy”—and it was all caught on camera.
Rep. Sean Patrick Maloney’s summer wedding ceremony included a small unmanned aircraft to shoot video, which prompted the Federal Aviation Administration to investigate whether it violated a ban on commercial use of drones. Maloney, who sits on the House subcommittee that regulates the FAA, should have known better.
Although forecasters predicted a heavy snow on a February weeknight, New York City decided not to cancel classes. And despite manifestly awful conditions the next morning, Schools Chancellor Carmen Fariña defended the decision by saying that the snow had stopped and that it was “absolutely a beautiful day out there.”
Assemblyman Dennis Gabryszak resigned in the face of sexual harassment allegations, chalking them up to “mutual banter” that was “inappropriate” at work. But his accusers released a video of Gabryszak in a bathroom stall saying “yeah,” “ahh” and “that’s good,” flushing the toilet and then asking, “This what you wanted?”
Politicians often show up late, but Bill de Blasio has taken tardiness to a new level. He blamed a “rough night” and fog after angering victims’ relatives by arriving late to a commemoration of the Flight 587 crash in Queens. Then he didn’t even bother showing up to former Rep. Herman Badillo’s funeral, instead opting to go to the gym.
The security detail transporting New York City Mayor Bill de Blasio was caught on video by WCBS running stop signs, exceeding the speed limit by 15 miles an hour and blocking traffic— enough violations for a driver to lose his license—a mere two days after the mayor announced his Vision Zero initiative to reduce traffic deaths.
Rachel Noerdlinger, the Al Sharpton aide who became chief of staff to First Lady Chirlane McCray, failed to note in her background check her live-in boyfriend—an ex-con who called cops “pigs.” That was just the first of a string of embarrassments for Noerdlinger, who eventually took an indefinite leave of absence.
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city & state — December 19, 2014
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24 27 28 31 33 BEST LAID PLANS
By JON LENTZ
LAW & ORDER: TPU
SCORECARD
ROUNDTABLE
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city & state — December 19, 2014
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THE DE BLASIO EFFECT
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WILL DE BLASIO’S HOUSING PLAN SPEED GENTRIFICATION OR SOLVE THE LIVABILITY CRISIS? BY WILDER FLEMING
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he de Blasio administration’s ambitious housing plan has been generally well received, but it is not without its critics. Some housing advocates and urban planners question a key building block of the plan, which aims to create or preserve 200,000 affordable units, namely its reliance on mandatory inclusionary zoning program—which requires developers of new residential buildings to set aside a fraction of the dwelling units for low- or middleincome residents. These critics contend that the policy is an inadequate means of achieving the mayor’s affordability
goals, pointing to former Mayor Michael Bloomberg’s application of a more lenient version of inclusionary zoning, in which developers were incentivized but not required to build affordable units. They cite statistics that show between 2004 and 2013, under Bloomberg, slightly more affordable apartments were lost through deregulation than added through newly construction. “De Blasio is following the Bloomberg policy that you can build your way out of the housing problem,” said Tom Angotti, professor of Urban Affairs and Planning at Hunter College
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The growing residential skyline in Long Island City, Queens, is the site of a mix of affordable and luxury apartments. and the CUNY’s Graduate Center, and director of the Hunter College Center for Community Planning and Development. “It hasn’t worked. We lost more affordable housing than we’ve gained.” Angotti depicts de Blasio’s plan—which outlines parallel strategies for both conservation and development—as playing into big real estate interests at the expense of an aggressive effort to preserve existing neighborhoods. But is this really the case? Aside from the fact that the mayor has little control over the fate of key rent and real estate laws due to expire in Albany next year—which lawmakers will be remodeling in a session bearing huge implications for the future of New York City’s affordable housing stock—the de Blasio administration recently announced that it is on track to finance 16,000 affordable housing units by year’s end, with 11,338 or more funded to date. Just over 3,780 of these will come from new construction, while 7,550 will be from preservation, according to the mayor’s office. “That’s an odd criticism considering that 60 percent of the plan is projected to be preservation,” said Eric Bederman, a spokesman for the New York City Department of Housing
Preservation and Development, which is spearheading the preservation side of the mayor’s plan, in an email. “I think the data/numbers are on target and speak for themselves.” Another criticism of de Blasio’s plan is that real estate developers predictably threaten not to build their projects at all, unless they win a favorable ratio of market rate units to affordable ones, which inevitably results in too few lowor middle-income apartments. Such a strategy will lead to the mayor falling short of his goal, these advocates say. But placing too much emphasis on inclusionary zoning distorts the overall picture—just 4,500 affordable apartments have been constructed as a result of the policy since 1998. And yet some 50,200 newly built units were started between 2004 and 2013 in New York City, according to the city’s Independent Budget Office. In a letter to the New York Observer, Jolie Milstein, the head of the New York State Association for Affordable Housing, wrote, “There is a widespread misconception that inclusionary zoning is the only way to incentivize the construction of new affordable housing and reach the [m]ayor’s goal to create and preserve 200,000 affordable units in the next decade.” Milstein contends cit yandstateny.com
SPOTLIGHT: AFFORDABLE HOUSING city & state — December 19, 2014
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that other city, state and federal programs, such as low income housing tax credits and tax-exempt bonds, are “the real drivers behind affordable housing.” Some contend that the 27 percent affordable mix the city recently wrung from the Astoria Cove waterfront development to be built in Queens— 460 units—is too low. (Five percent of the affordable apartments will be available for tenants making 60 percent of the Area Median Income [AMI]— $51,540 for a family of four—while 15 percent will go to renters making 80 percent of AMI and 7 percent to “middle income” households making 125 percent of AMI.) However, David Greenfield, the chair of the New York City Council’s powerful Land Use Committee, through which all proposed zoning changes must pass, says critics should also take into account that the developer, Alma Realty, has agreed to refurbish a local park, build a much-needed supermarket for the community, and include space for a new public school in the development. As part of the deal, Alma Realty also agreed to hire all maintenance, service and security staff for the development from 32BJ SEIU, which will ensure union wages. Construction workers on the project will also be unionized. (Some $6.5 million in taxpayer money will go toward building a new ferry dock at the site, renovating a local public library and improving a senior center.) “Advocates are focused on their particular issues,” Greenfield said. “Labor only looks at labor. Housing only looks at housing, and the community only looks at the local issues. We look at all three and we try to balance those.” While the mayor is tasked with studying the big picture, Greenfield notes, it is the job of each Council member to look after the needs and desires of the individuals in the communities that he or she represents—and when it comes to proposed real estate development, the Land Use Committee is there to help them navigate the negotiating process. Christopher Jones, vice president of research at the Regional Plan Association, says the city’s strategy does in fact account for the holistic reality of the affordability crisis it is seeking to solve, at least philosophically. “It’s looking not just at affordable housing but also at how to make neighborhoods more livable,” Jones said. “It’s recognizing that in order to develop anything close to the amount
of affordable housing we need, you’re going to need to add additional density in the right locations. But you also need effective community engagement at the start of the process. So I think that in those broad strokes, the plan makes a lot of sense.” While not directly involved in the city’s current plans, Jones did work closely with the Department of City Planning on a federally funded program undertaken in 2010 that sought to develop an integrated economic development plan for Brooklyn’s downtrodden East New York neighborhood. (Along with West Flushing in Queens and a stretch along Cromwell and Jerome avenues in the Bronx, East New York is one of the neighborhoods the de Blasio administration has initially chosen to study for redevelopment.) “The Brooklyn office of planning partnered with a local community organization—the Cyprus Hills local development corporation—and there was much more community engagement than they normally do for a rezoning,” Jones said. “It wasn’t just about housing. It was about economic development and access to healthy foods. It was looking at ways to make East New York a more livable neighborhood as well as one that people could continue to afford. And I’m optimistic that that’s going to be a good template to continue from.” Margaret Newman, executive director of the New York Municipal Art Society and a former chief of staff in the city Department of Transportation, is impressed with the mayor’s housing plan, but says it is rational to fear the unintended consequences of haphazard development in previously neglected areas. “Gentrification is a negative term and a legitimate fear. The worry is that people will be displaced, both from their businesses and from their homes, and that the affordability that you are trying to achieve—that it will actually have the opposite effect,” Newman said. “It’s important that as this gets rolled out, that there is attention paid to that possibility.” Eric Bederman of HPD says it is still too soon for the critics to judge. “Given that we’re just wrapping up the first year of a 10-year plan, it seems premature to say that there hasn’t been enough focus on any one particular facet,” he said. “We’ve made changes to existing programs, created a number of new programs, and will be rolling out more as we ramp the plan up over the coming years.” cit yandstateny.com
E
very time New York’s rent regulations come up for renewal, New York City lawmakers who want to tighten the restrictions on how much landlords can charge tenants are confronted with a Republican state Senate that is ideologically opposed to doing so. But in the latest effort to expand or at least extend the laws, which expire on June 15 of next year, one thing will be different: The mayor of New York City, Bill de Blasio, will be aggressively championing them, tenant advocates say. “We’ve met with the administration, and they completely understand the need for stronger rent laws, and are completely supportive of the fights,” said Katie Goldstein, the executive director of the advocacy group Tenants & Neighbors. “The mayor’s the most supportive mayor that we’ve ever had on this issue, and we fully expect him to be a strong ally in this campaign— and this is especially because there’s no way he can preserve 120,000 units of affordable housing without strengthening the rent laws.” Like de Blasio, former Mayor Michael Bloomberg was a proponent of more affordable housing. But the last time the state rent laws were renewed, in 2011, Bloomberg did not push for stronger protections. “Bloomberg was kind of constitutionally anti-regulation, and so while in many ways he understood the importance of affordable housing in New York City, he really misunderstood the way the private market functions and doesn’t function for affordable housing, so he had a knee-jerk anti-regulation response,” said Benjamin Dulchin, executive director of the Association for Neighborhood and Housing Development. “So he was more than happy to let rent-regulated units slip out of the bottom of the pail. I think de Blasio is quite the opposite—he really comes from a background where he cit yandstateny.com
genuinely understands the way that rent regulation helps to even out the market and bring more affordability to the neighborhoods he cares about.” Still, it is unclear what kind of impact de Blasio will have. He already lost an early battle, having failed to secure a Democratic majority in the state Senate in November, which might have paved the way for the repeal of the Urstadt Law, a move that would have transferred control of rent regulations from the state to the city. In the end, Republicans increased their ranks in the state Senate, winning an outright majority. On the campaign trail, de Blasio also served as a convenient foil for the GOP, which portrayed him as an extreme leftist who would capitalize on a Democratic Senate majority to expand his grip on power and shift resources away from upstate New York. At the same time, downstate real estate interests opposed to the rent regulation system funneled large campaign contributions to Senate Republicans—and also to Gov. Andrew Cuomo, a centrist who has positioned himself to de Blasio’s right on other controversial issues, such as the battle over charter schools. Senate Republicans would not speculate about the impact de Blasio could have upon the negotiations in 2015, instead asserting that the matter would be decided based on policy considerations. The de Blasio administration did not respond to a request for comment. “Certainly the Senate Republican Conference has always been very supportive of more affordable housing, because we believe that’s the real solution—to not expand rent regulation but to have a free-market system and to respect private property rights,” said state Sen. Cathy Young, a Republican who chairs the Housing Committee. “Rent control really is not based on any sort of financial need; it’s
DEMETRIUS FREEMAN/MAYORAL PHOTOGRAPHY OFFICE
BY JON LENTZ
Mayor Bill de Blasio breaks ground on a senior housing complex this month. Tenant advocates say rent regulations will be critical to meeting his affordable housing goals, and that he will play a key role in negotiations over state housing laws. just people are lucky to have it despite what their income is.” Of course, de Blasio is only one of many moving pieces in a chess match that is only just beginning to play out. In past years the extension of rent regulations has been linked to various other bills favored by Republicans, including the 2 percent property tax cap passed in 2011 and the alsoexpiring lucrative 421-a tax break, which is a priority of the real estate industry to renew and is again expected to be part of the discussions in 2015. Michael McKee, the treasurer of Tenants PAC, said that de Blasio will have an important role to play, at a minimum drawing more attention to the issue and rallying support for repealing vacancy decontrol, a measure that allows landlords to remove qualifying apartments from the rent regulation system. Since Senate Republicans are already unreceptive to any expansion of rent laws, their dislike of de Blasio is a moot point, McKee said. “There’s no way we can win in the Senate,” he said. “We can’t move in
the Senate. If the Senate doesn’t like de Blasio, that’s just too bad, and who cares?” Of course, the three most influential players will be Cuomo, Senate Republican Leader Dean Skelos and Assembly Speaker Sheldon Silver, a Manhattan Democrat and a key ally of New York City tenants and their supporters. McKee said that the biggest questions are how hard Silver will push for a favorable deal, and whether Cuomo will side with tenants or with his donors from the real estate industry. “There is leverage, if Shelly Silver chooses to use it,” McKee said. “There is no question that there are things that the real estate lobby wants, there are things that the governor wants, that the Republicans in the Senate want— and if Shelly Silver were to say, ‘The Assembly will not do X unless the Senate repeals vacancy deregulation,’ that could set the stage for a negotiated bill in June that actually repeals vacancy deregulation and makes some other positive changes to the system. … Whether Shelly is going to be willing to do that remains to be seen.”
SPOTLIGHT: AFFORDABLE HOUSING
WHAT ROLE WILL NEW YORK CITY’S MAYOR HAVE IN THE FIGHT OVER RENT REGULATIONS?
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city & state — December 19, 2014
THE DE BLASIO EFFECT
SPOTLIGHT: AFFORDABLE HOUSING city & state — December 19, 2014
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LAW & ORDER: TPU
CUOMO’S TENANT PROTECTION UNIT FACES LEGITIMACY CHALLENGE FROM LANDLORDS By JARRETT MURPHY from CITY LIMITS
T
he drama over the future of rent regulation in New York City may reach its climax with a vote in the state Legislature next spring, but the details will be in the denouement—the effect of the law on the individual buildings, apartments, landlords and tenants who populate the rent stabilized world. Even as the attention of housing advocates and landlord lobbyists focuses on Albany next year, another crucial fight will play out in a Brooklyn courtroom. There, landlord groups are challenging the very legitimacy of Gov. Andrew Cuomo’s Tenant Protection Unit, or TPU. In 2011, the last time the state took up the laws that govern rents on some 990,000 apartments in New York City, tenant groups won a modest strengthening of the program. If that statutory improvement was a gift, the Cuomo administration’s subsequent move to stiffen the rules used by the Division of Housing and Community Renewal to regulate rent increases was the ribbon, and the creation of the TPU was the bow on top. The TPU was a response to longstanding tenant concerns. Rents on rent-stabilized apartments grow only as fast as the city’s Rent Guidelines Board lets them—unless landlords can claim another justification for hiking them. The rent law includes three such mechanisms: vacancy bonuses that boost the rent 20 percent every time a tenant leaves, “major capital improvements” (MCIs) that allow a landlord to permanently raise rents throughout an entire building after a roof is fixed or boiler replaced, and “individual apartment improvements” (IAIs), where rent on a single unit is increased to reflect the costs of renovation. Landlord groups say MCIs and individual apartment improvements
Gov. Andrew Cuomo introduced the Tenant Protection Unit in February of 2012. permit landlords to keep their buildings properly maintained. But tenant advocates have long alleged that individual apartment improvements are too susceptible to fraud, and have worried that DHCR relied too much on an honor system for landlords to accurately report legitimate repair expenses to justify an individual increase. And every increase in rent moves a rent-stabilized unit toward the threshold, now $2,500, at which a unit becomes “destabilized,” after which landlords can charge whatever they want for them. “For a long time there’s been very vocal concern from the tenant movement about the lack of enforcement of the rent laws,” says Katie Goldstein, the executive director of New York Tenants & Neighbors. “From our members we
had seen, really, lots of violations of the rent laws. And so we wanted to see increased enforcement.” The TPU was created to address that concern, as well as other tenant complaints about shoddy maintenance and harassment at rent-stabilized buildings. When he launched the TPU in early 2012, Cuomo said its goal was to “proactively prevent problems and root out fraud that can wreak havoc in the lives of rent-regulated residents.” Nearly three years later, Goldstein says, the TPU’s record “proves what we’ve always thought—that there were flagrant violation of rent laws.” In June 2013 the unit subpoenaed a firm that owns or manages some 1,700 units in Manhattan and the Bronx called Castellan Real Estate Partners/ Liberty Place Property Management to investigate the firms’ alleged
“harassment and intimidation of mainly Spanish-speaking immigrant tenants in buildings recently purchased by the landlord.” Last January Castellan signed a settlement agreement promising, among other thing, to hire a monitor and create a $100,000 fund to compensate wronged tenants. Later in 2013 the unit subpoenaed Brooklyn landlord Yeshaya Wasserman, who had “purportedly engaged in a pattern of abusive behavior and flagrant violations of rent laws.” Wasserman settled this fall, agreeing to hire a monitor and create a modest compensation fund. Other TPU subpoenas have gone to Marolda Properties and JBI Management. Separately the TPU re-listed 28,000 units of rent-regulated housing that had fallen off the rolls cit yandstateny.com
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because owners had neglected to keep them registered. “Currently there is no repercussion if landlords don’t register their units,” says Goldstein. “[TPU] was trying to get units to be registered and get them to the legal rent.” Responding to tenant concerns about IAIs, the TPU also launched audits of owners who had applied for and received those rent increases— forcing owners to document the costs they claim justified hiking the rent. It is this function that anchors property owners’ gripes about the TPU. In its lawsuit, the Rent Stabilization Association raises procedural objections to the TPU—noting that Cuomo had formed the office even though the state Legislature twice declined to fund it—the Assembly supported funding but the Senate did not—and complaining that the TPU’s audit system lacks due process protections. But the RSA’s main beef is with the IAI audits themselves. “What they did was, they went back in time two or three years,” says RSA General Counsel Mitch Posilkin, who argues that the retroactive look punished small owners who keep minimal paperwork. “There’s this whole broad scale of owners. There are owners who are very sophisticated who have documentation up the wazoo for everything they’ve done. But the majority of owners aren’t that sophisticated.” Smaller owners may hire a general contractor to refurbish apartments, Posilkin said, and not get a detailed breakdown of what specific items cost. Furthermore, Posilkin says, “it gets problematic because DHCR doesn’t have a list” of what is an acceptable increase to apply to an individual apartment. “How much do you have to gut? Can you replace all or some of the doors? The point is that it really becomes a trap for the unwary.” Now that the TPU is a known quantity, landlords no longer have the excuse of being unaware of what documentation the TPU might ask for, Posilkin acknowledges. But he adds: “Going forward, it’s still going to be the unsophisticated guys who get hurt. This is an attempt to appease tenants on the backs of guys who are least equipped to deal with it.” Michael Vinocur, whose company manages some 300 units in Harlem, some of which it owns, says he is on his fourth TPU audit, this one concerning an individual apartment increase that, he says, still left the apartment renting at a rate under its legal regulated rent.
“I know the intention. I know there are bad players out there,” he says. “But it’s a real time suck.” One issue is that the TPU asks for costs to be broken down in a manner that has little relation to how work is billed. When electricians rewire an apartment, for instance, they do not really break down the wiring costs for the kitchen versus the bedroom. The real problem, according to Vinocur? “You can’t get anyone on the phone. You can’t talk to anyone.” Posilkin agrees: The TPU publishes little information about what is expected of landlords, and has expended little effort on public outreach. Headed by a former homicide prosecutor, the agency has a prosecutorial approach that does not stress transparency. Indeed, the TPU did not respond to information requests related to this article, and in the past has rebuffed efforts to learn more about its subpoenas or the apartments it has reregulated. But there are limits to the transparency the RSA supports: It dislikes, for instance, the new rule that the cost breakdown for individual apartment improvements also has to be provided to tenants. Goldstein finds the RSA’s position puzzling: If landlords are claiming the right to raise rents according to the law, it does not seem unreasonable to ask them to substantiate their claims. “I don’t know why landlords are coming out defending landlords that are so clearly violating the rent laws,” she says. “The TPU is very clear that they’re enforcing it and going after bad actors. That’s something that’s so sorely needed in the city, especially in a city with such a severe affordability crisis.” Indeed, there are aspects of the TPU’s work with which the RSA does not take issue. “There are probably guys who should be registering who don’t,” Posilkin says. “If owners are systematically violating the low, we’re not in a position of quibbling over that.” Tenant advocates are hopeful that the TPU will get better funding in Albany this year. Since the Legislature did not create it in the first place, the RSA does not expect the TPU to figure into the rent regulations debate. The action may instead be in that courtroom in Brooklyn, where the RSA-backed suit is set to go to trial in April.
Jarrett Murphy is the executive editor and publisher of City Limits. cit yandstateny.com
SPOTLIGHT: AFFORDABLE HOUSING
SCORECARD
THE PLAYERS
Gov. Andrew Cuomo, who presided over strengthened rent regulations in 2011, will continue to play a crucial role in shaping affordable housing in New York. Sen. Catherine Young is chair of the Committee on Housing, Construction and Community Development in the Senate. Assemblyman Keith Wright, chair of the lower chamber’s Housing Committee, is a champion of preservation and affordability. Darryl Towns is commissioner and CEO of the New York State Homes and Community Renewal, which coordinates all the state’s housing and community renewal agencies and programs.
THE CITY Mayor Bill de Blasio’s deputy mayor, Alicia Glen, is spearheading his affordable housing plan. Department of City Planning Director Carl Weisbrod plays an instrumental role on the plan’s development side, while Department of Housing Preservation and Development Commissioner Vicki Been is overseeing its preservation strategy. In the City Council, David Greenfield chairs the powerful Land cit yandstateny.com
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Use Committee, while Councilman Jumaane Williams chairs the Committee on Housing and Buildings. The mayor appointed Shola Olatoye to run the troubled New York City Housing Authority.
THE ADVOCATES John Banks was recently named the next president of the powerful Real Estate Board of New York, a position he will officially assume in March. Joseph Strasburg looks after the interests of landlords as president of the Rent Stabilization Association. On the tenant advocacy side, Katie Goldstein, executive director of Tenants & Neighbors, will be pushing for a repeal of vacancy decontrol in Albany in the upcoming session. Benjamin Dulchin, executive director of the Association for Neighborhood and Housing Development, promotes comprehensive housing agendas for New York City’s neighborhoods. Michael McKee of Tenants PAC, Jonathan Westin, organizing director of New York Communities for Change, Dan Morris of the Real Affordability for All Coalition and Ilana Maier, program director at the Metropolitan Council on Housing, all play key roles in fighting for tenant rights.
NYCHA’S FISCAL WOES AND DISREPAIR The New York City Housing Authority is responsible for 178,000 apartments, housing some half a million New Yorkers—which, due to steady federal divestment over the last 14 years, are in a state of dire deterioration. The beleaguered authority faces a backlog of over $10 billion in needed repairs that as of February tallied around 420,000. (Surging crime is a problem in New York City’s public housing complexes as well, even as the rest of the city is safer than it has ever been.) Earlier this year Mayor de Blasio released NYCHA from the responsibility of having to pay the NYPD for protection through the rest
of 2014—which translates into $52.5 million to put toward clearing the backlog. Now the Authority plans to sell a 50 percent stake in close to 900 of its apartments to private developers in exchange for renovations at six housing projects, with the federal government paying the developers the difference between residents’ rent and what the units would be worth on the open market. After 30 years, according to the terms of the deal, the developers could ask that the apartments become market rate, but NYCHA will reserve the right to approve any such changes and has pledged to keep them affordable.
city & state — December 19, 2014
THE STATE
THE ISSUES
SPOTLIGHT: AFFORDABLE HOUSING
AFFORDABLE HOUSING:
NO ROOMS AT THE INN FOR LATINOS? Peter Fontanes, President of the Association of Hispanics in Real Estate and Construction of New York (HREC)
By all accounts, New York City Mayor Bill De Blasio’s goal of building 200,000 new affordable housing units is going to test his leadership ability to move mountains in order to achieve this lofty goal. Most pundits agree that his administration is facing potentially major obstacles in meeting the challenges of this lofty high threshold, With many questions looming over the mechanics needed to significantly jump start this ambitious undertaking, it remains to be seen if the Mayor will move as fast as promised to meet his self-imposed goals. Various issues such as labor costs, land acquisition, access to capital, minority business engagement and equitable community allocation still remain unresolved.
Peter Fontanes, President (HREC)
Eric Toro, Housing Committee Chair
Though we are at the beginning of the road in this journey, HREC is concerned that, when all is said and done, the Latino community could find itself shortchanged in the allocation of resources and funding. HREC simply wants to insure that a fair share of the new housing stock is distributed in accordance with need requirements and just not based on politics. Too many times, the Latino community has been left on the dock watching ships of opportunities promised by past administrations (Especially during election time!) passing us by as they disappear into the horizon of political amnesia.
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We have joined forces with the New York Real Estate Chamber (NYREC), a newly formed minority based coalition and have held various symposium and meetings with elected and appointed officials. HREC also held the first major statewide Latino Affordable Housing Summit held in at the Albany SOMOS conference two years ago under the auspices of the New York State Legislative Chair Assemblyman Felix Ortiz. These meetings with federal, state and city housing officials have resulted in a number of innovative programs increasing new development opportunities for Latinos and minorities such as the “HPD Emerging Developers Program”.
city & state — December 19, 2014
More importantly, we have recently supported a lawsuit demanding that city officials reform Local Law 1 and comply with constitutional mandates bringing the minority contract procurement goals to the original numbers before the law was passed and to institute an independent disparity study for the coming year. It is a disgrace that in a city that claims to be charting a progressive course that African American and Hispanic American businesses goals in MBE programs have been drastically cut. The Mayor, the Speaker of the City Council and the Chairs of the Council Small Business and Contract Committees must immediately expedite the resolution of this matter. Presently, there is a reasonable settlement offer that is testing the sincerity of this administration on their promise of inclusion. We hope and pray that the city corporate counsel will sooner than later be instructed to sign this document so we can all move on in the right direction. Despite these problems, the members of the Association of Hispanics in Real Estate and Construction of New York (HREC) will wholeheartedly continue to cooperate and assist in the search for answers and solutions so that the Mayor can succeed in this endeavor in forging a fair and equitable affordable housing program not only for Hispanic Americans and migrants but for all those in need and residing in New York City. All we ask is that we get a fair shake in return!
RENT AND REAL ESTATE LAWS UP FOR RENEWAL
MAYOR BILL DE BLASIO’S 10-YEAR AFFORDABLE HOUSING PLAN
Rent regulation laws and other real estate provisions that were drafted in Albany but affect housing in New York City are due to expire on June 15 of next year, setting the stage for a fight pitting tenant advocates against landlord lobbyists and real estate interests, all of whom will be pressuring lawmakers to craft the updated regulations in their favor. The possible outcomes— stronger rent protections or greater deregulation of the market—will play a major role in shaping the contours of Mayor de Blasio’s affordable housing strategy and could go a long way toward determining its success or failure. Should the landlords emerge victorious—they already won the first battle when Republicans retook the State Senate on Election Day— the mayor’s plan to add new units might turn into a scramble to replace formerly affordable units lost to deregulation.
As wages stagnate and New York City’s rents soar, Mayor Bill de Blasio has vowed to create or preserve nearly 200,000 affordable housing units in the city over the next 10 years. The mayor’s plan, which outlines more than 50 initiatives to support his goals, also aims to address the housing crunch resulting from a swelling population by rezoning neighborhoods—some in the far reaches of the outer boroughs but with easy access to the city’s core via public transit—for residential development. Would-be builders are required to include a percentage of affordable units in their otherwise market-rate developments. It remains to be seen whether the mayor’s ambitious timeline will prove realistic, or if his strategy of mandatory inclusionary zoning combined with the preservation of existing affordable housing stock will yield the numbers for which he is aiming.
BY THE NUMBERS: WHAT IS AFFORDABLE HOUSING Income Band
Percentage of AMI (Area Median Income)
Monthly Rent Required to Prevent Rent Burden
Annual Income (for a four-person household)
Extremely Low Income
0–30%
Up to $629
< $25,150
Very Low Income
31–50%
$630–$1,049
$25,151–$41,950
Low Income
51–80%
$1,050–$1,678
$41,951–$67,120
Moderate Income
81–120%
$1,679–$2,517
$67,121–$100,680
Moderate Income
121–165%
$2,518–3,461
$100,681–$138,435
SOURCES: MAYOR BILL DE BLASIO’S “HOUSING NEW YORK—A FIVE-BOROUGH, TEN-YEAR PLAN”
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Q: What are your key affordable housing goals for next year’s legislative session? KW: Three words: rent, rent, rent. The renewal of the rent stabilization and rent control laws is one of the most important agenda items that we have to grapple with this coming year. We have to make sure that folks of lower and middle income who are affected by these laws will be able to stay in their apartments. And I’m not just talking about the folks in New York City—I’m talking about myself as well. I live in the same rent-stabilized apartment that I grew up in, so this is deeply personal for me. It’s going to determine how our children and our grandchildren will be able to live in our city for generations. So renewal of the rent laws has to be done in a comprehensive, fair and just manner, which means we have to deal with vacancy decontrol, and with revisions to the MCI [Major Capital Improvement] system, and with the J-51 and 421-a tax incentive programs for developers. We have to look at how to deal with our Mitchell-Lamas as well. So let’s get ready to rumble. Q: Can you talk more about the Mitchell-Lama situation? KW: Our Mitchell-Lama buildings are basically the heart and soul of middle class and working class New York, and now some of the Mitchell-Lama programs are coming due, and some of the owners of these developments are opting out of the program. So what happens next? Do these units just become market rate apartments? If so, we’re going to have to be very creative in terms of finding a strategy to keep these Mitchell-Lamas going. Whether or not part of the JPMorgan Chase settlements will help with the subsidies, we will just have to figure those things out. Q: How will the newly Republicancontrolled Senate and Gov. Andrew
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Q: What specifically will you be pushing for next session? KW: One of the things I want to do, which is really a federal issue, is to change the structure of what is defined as the AMI—Area Median Income. The determination of what is defined as affordable has to go through the AMI system. We in the five boroughs are lumped together—which is fine—in terms of AMI, but we’re also lumped in with Rockland County and Westchester County—two of the richest counties in the nation. So the median income skews up because those two counties bring it up.
CATHARINE YOUNG Chair of the State Senate Committee on Housing, Construction and Community Development Q: Around the state, what are some of the most pressing affordable housing priorities? CY: From Western New York to the tip of Long Island, safe and affordable housing is an issue that affects seniors, families and communities in rural, suburban and urban areas. Housing is a compelling social issue because everyone needs a decent place to live, but it also has a tremendous impact on the economy. Deteriorated housing
Q: You represent a largely rural district in the Southern Tier and Western New York regions of the state. What are the main affordable housing issues in these areas? CY: My district contains some of the oldest housing stock in the country and many of these buildings are in need of repair. Local nonprofit housing and economic development specialists, such as Neighborhood and Rural Preservation Companies, fulfill their mission by rehabilitating older structures and developing new ones. Many downtowns across upstate have fallen upon hard times, resulting in empty storefronts and beautiful historic buildings that have fallen into disrepair. State grants such as the popular Main Street program, tax abatements like 421-m, and the Rural and Urban Community Investment Fund provide the tools to redevelop mixed-use housing. Mt. Morris in Livingston County is a compelling example of how an ailing downtown can be turned around: Stately, ornate buildings have been restored inside and out, providing exciting new housing options on the upper floors, while small businesses once again occupy the street level. The economy is humming again: Jobs have been added and sales tax revenues are climbing. The community has become a destination for tourists and shoppers alike. Q: We have a big legislative session coming up in light of rent regulation laws and other real estate measures that are set to expire next year. What are your key legislative priorities in this area? CY: One of our goals should be to renew New York City’s existing affordable housing tax incentive programs—421-a and J-51— and to tailor these initiatives for their continued effectiveness in stimulating new construction and the redevelopment of affordable housing. Other programs that provide
SPOTLIGHT: AFFORDABLE HOUSING
Chair of the Assembly Committee on Housing
stock affects quality of life, property values and tax revenues that fund schools and local governments. There needs to be greater awareness of the link between housing and largepicture economic growth. We must coordinate new housing opportunities with New York’s economic initiatives such as the growing technology industry so that municipalities can provide associated long-range plans that capitalize on existing underutilized housing stock.
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city & state — December 19, 2014
THE ROUNDTABLE
KEITH WRIGHT
Cuomo factor into this upcoming legislative fight? KW: I will never forget the headline in the newspaper in 1997 when thenSenate majority leader Joe Bruno stated that he was going to end rent control as we know it. And I think that his progeny, living and breathing in Dean Skelos, is going to try and do the very same thing. The Senate is going to be adamant about trying to create more vacancy decontrol units, and I think they will try to get rid of rent control and rent destabilization as well. The governor has been very strong on this issue, even if he hasn’t been the most vocal. I think he understands the crisis that we are facing in the city, and I think that he will be a very able partner.
SPOTLIGHT: AFFORDABLE HOUSING
subsidies to affordable housing, such as the New York State Low Income Tax Credit program (SLIC), should be expanded to spur new investment in affordable housing. For years I have been sponsoring a proposal to make the State Low Income Tax Credit a refundable tax credit. This bill would greatly increase the marketability of these tax credits to outside investors looking to help finance construction, and I will be renewing my efforts to see it passed. In renewing the rent stabilization laws we should work toward ensuring that they are benefiting tenants with the appropriate needs for financial assistance. We must also be mindful that rental property owners are not incentivized to let their buildings fall into disrepair, which affects the quality of life of tenants, as well as that of the supporting community. It is also important to consider issues associated with the administration of NYCHA and ways to provide NYCHA residents with safe, secure and adequately maintained properties.
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VICKI BEEN
city & state — December 19, 2014
Commissioner of the New York City Department of Housing Preservation and Development Q: HPD is largely responsible for designing Mayor de Blasio’s 10year affordable housing plan. What does this look like in practice so far, and how is a balance struck with all of HPD’s other responsibilities? VB: I’m very proud of our accomplishments in the first year of this administration. Housing New York is the most ambitious housing plan in the nation, and the mayor showed us in his executive budget that he was serious about providing the resources to meet our goals for preservation and new construction—that was critical. In less than a year we’ve financed more than 11,000 preserved and new affordable units, have made changes that will help stretch our subsidy
dollars across programs, and we’ve rolled out programs that align with the mayor’s values by focusing on very-low-income, mixed-income and special needs housing. Q: New York City recently announced that HPD will be soliciting bids from minority- and women-owned businesses for the development of affordable housing projects. Can you elaborate on this initiative and what it means in a city that has lagged behind the state in contracting with M/WBEs? VB: The city has a strong M/WBE procurement policy, and we wanted to do something to increase opportunities for M/WBEs to participate in HPDsupported development projects. We created the Building Opportunity initiative to offer M/WBE developers a chance to learn industry best practices, gain valuable experience, and access the resources they need to grow and prosper. Strengthening M/WBE participation supports community growth and economic opportunity, and will ultimately help expand the pool of qualified developers that are able to build and manage affordable housing in in our city, which increases competition and strengthens the housing industry. Q: The city recently launched a new 311 app that allows tenants to register heat and hot water complaints with HPD via their mobile devices. What else is being done to strengthen enforcement of maintenance codes and to better address landlord violations? VB: During the winter, ensuring that tenants have heat is a priority, and the 311 app makes our services even more accessible to the public. Year-round we provide tenants with the most robust housing code enforcement and compliance operation in the nation. Last fiscal year we attempted roughly 866,000 inspections, completed $14 million in emergency repairs, and our litigation division was involved in 14,000 housing court cases. We also employ programs that identify and remediate the most distressed buildings, address underlying conditions that lead to recurring maintenance problems, and initiate proactive inspections to intervene in buildings that are at risk of falling into severe disrepair. We’re also collaborating across agencies on efforts to deal with landlords who aren’t living up to their legal obligations.
SHOLA OLATOYE Chair and CEO of the New York City Housing Authority
Q: As NYCHA’s newest chair, you have inherited an institution that has been scrutinized for alleged mismanagement, poor communication with tenants and a daunting backlog of repairs. What should the public know about your efforts to rectify these problems? SO: When Mayor de Blasio appointed me, I outlined three main objectives: resetting relationships with our core stakeholders—our residents; focusing on our main business of being a landlord; and preserving and maintaining public housing. Collaboration is a cornerstone of my approach to leadership. We need to rebuild trust and strengthen our relationship with residents, as well as with elected officials, community leaders, staff and all New Yorkers. This is about increasing transparency, bringing residents and stakeholders into the decision-making process and developing a focused agenda that includes greater accountability. As the city’s largest affordable landlord, NYCHA recognizes the urgency and enormity of the problems affecting people’s daily lives and the quality of their homes. We are working to find new creative ways to operate and exploring new strategies for leveraging our properties to generate additional funds that can be used to make repairs and support our capital and operating needs. One example is NYCHA’s new public-private partnership that will bring much-needed funding to repair six Section 8 properties. Q: Mayor de Blasio has shelved former Mayor Bloomberg’s controversial “Infill” plan, which sought to generate revenue for the Authority by allowing the creation of luxury rental apartments within some NYCHA
communities. What other revenue-generating initiatives are being discussed? SO: There is no so-called “Infill” plan today. Next Generation NYCHA is our thoughtful long-term strategy that spells out how NYCHA can and must operate as a better and more efficient landlord. Next Generation also explores how to create the funds we need to become financially stable and rehabilitate and harness our real estate assets. The goal is to create “safe, clean and connected” communities. It’s not just about development—it’s about changing the way we look, how we operate, how we’re financed and how we engage with residents in all of our 334 developments. It will also help Mayor de Blasio achieve his goal for more affordable housing in our city. We kicked off the initiative by meeting with more than 900 residents at three developments: Ingersoll, Mill Brook and the Van Dyke Houses. Residents outlined ideas for how their communities can be improved in order to reach their full potential. The results of these meetings are community vision plans, which can be found online at NYCHA’s Next Generation Web page. These insights and ideas will inform and help shape a draft plan for Next Generation NYCHA by year’s end that will be finalized and published in the spring. Q: Increasing crime has surfaced as another issue in NYCHA communities. What is being done to address this problem, and how can we achieve a balance between the need for safety and overly aggressive policing? SO: Making public housing more secure for our residents and communities is one of our highest priorities—nothing is more important to us than their safety. NYCHA works closely with the NYPD, the mayor’s office, the Council, the DA’s office and with many social services agencies to collaboratively address security issues. An example of this collaboration is the Mayor’s Action Plan for Neighborhood Safety. Launched this summer, the plan harnesses the resources of 10 city agencies, community groups and public housing residents. It includes targeted law enforcement efforts, physical improvements and the expansion of work and education programs for our youth. cit yandstateny.com
Q: We have a big state legislative session coming up in terms of New York City’s rent regulations and other real estate laws that are set to expire next year—and while you cannot directly participate, the outcomes will directly affect your district. What do you hope to see happen in this area? JW: The Urstadt Law has prevented New York City from strengthening rent regulation laws that are meant to protect the nearly 2.5 million tenants who live in rent-stabilized or rent-controlled apartments. A full repeal of Urstadt would help stop the permanent loss of more than 150,000 rent-regulated units every year. All state legislators, including Republicans who pride themselves on local control, should support this. Absent the repeal of Urstadt, vacancy decontrol, high rate decontrol and preferential rent must also be addressed in Albany. It is unfortunate and troubling that local elected officials do not have control of the thousands of rent-regulated units that are critical to our neighborhoods. However, we do have a critical say in a huge city program due to expire in June: the 421-a developers tax break. This program is a huge giveaway. Currently we give developers a tax break for building luxury housing and in most of the city require nothing back in public value. In 2013 alone, 421-a cost the city $1.3 billion in lost taxes. I will be taking a very close look to see if this program should be ended and those taxes put to other uses, or if 421-a can be remade into a program that consistently produces affordable housing at rents that truly meet community needs.
Q: Do you think mandatory inclusionary zoning—the basic model for the development side of de Blasio’s affordable housing plan—is the best way to go about solving the city’s affordable housing crisis? JW: We must not repeat the mistakes of the last 20 years and adopt policies that focus exclusively on development. We cannot build our way out of this crisis. We must also focus on preserving existing units across the city with various tools, including repealing vacancy decontrol and luxury decontrol, and ensuring that buildings that leave programs like Section 8 and Mitchell-Lama remain affordable for low income residents. We should also be more aggressive in enforcing all relevant codes, laws and regulations that are designed to protect and preserve housing, and we should be creating new preservation tools that can address the issues of displacement and harassment that our communities are facing. Although it isn’t a panacea, I do believe in the administration’s decision
DARRYL TOWNS Commissioner and CEO of New York State Homes and Community Renewal Q: What are some of the initiatives of New York State Homes and Community Renewal with regard to affordable housing in the state? DT: In 2015 Homes and Community Renewal will move into the third year of Gov. Andrew Cuomo’s $1 billion House NY program—the largest investment in affordable housing in the state in nearly two decades. HCR is on track to create and preserve nearly 14,300 affordable housing units, including the preservation of 8,600 Mitchell-Lama units that will remain affordable for middle-income residents for 40 more years. HCR’s new policy, implemented this year, of utilizing tax-exempt bonds to finance just the affordable housing units in mixed-income developments, is succeeding in extending resources. The state has also increased investment in the following programs: the Low Income Housing Trust Fund; Homes for Working Families; New York Main
Street; and RESTORE (Residential Emergency Services to Offer Repairs to the Elderly). Q: What are HCR’s top priorities? DT: The administration has made affordable housing a priority, with innovative programs to strengthen communities around the state. The governor’s Medicaid Redesign Team created a supportive housing model, which reins in runaway Medicaid spending, reinvests the savings in supportive housing, and improves care for vulnerable New Yorkers. The state is reinvesting $260 million for supportive housing, with on-site services, so that veterans, seniors and formerly homeless families can move into safe homes. Since taking office, the governor has committed to protecting the state’s 2 million rent-regulated tenants through the greatest strengthening of the rent laws and the creation of the Tenant Protection Unit (TPU). The TPU proactively investigates and audits landlord wrongdoing, has restored 35,000 apartments to rent-regulation that were illegally deregulated, and has entered into monitoring and monetary agreements with landlords to end the harassment of tenants. Q: What are some of the biggest obstacles HCR faces? DT: As the governor has said, extreme weather has become the new normal, with menacing storms wreaking havoc around the state. Helping New Yorkers restore and rebuild has become a key component of the HCR mission. The governor’s Office of Storm Recovery administers $4.4 billion in CDBGDisaster Recovery funds through the Housing Trust Fund Corporation, one of HCR’s agencies. As part of a trilateral agency response team, HCR, along with the Department of Financial Services and the Division of Homeland Security and Emergency Services, is mobilized and deployed around the state to help residents with disaster recovery. The state has dedicated $100 million of CDBG-Disaster Recovery funds to HCR to finance the creation of new affordable multifamily housing units in communities impacted by storms.
THE ROUNDTABLE cit yandstateny.com
SPOTLIGHT: AFFORDABLE HOUSING
Chair of the New York City Council Committee on Housing
to prioritize mandatory inclusionary zoning so we can put a stop to building an income-segregated city and ensure that all new housing developments create mixed income communities and not just luxury housing. Mandatory inclusionary zoning, with units renting at levels affordable to neighborhood residents, is a key step in showing that the city’s growth and future can and must be for the benefit of all New Yorkers.
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city & state — December 19, 2014
JUMAANE WILLIAMS
Q: What role does the City Council play when it comes to de Blasio’s affordable housing plan, and what else are you and your colleagues doing to address the affordability crisis in the city? JW: The Council has held an oversight hearing to diagnose and weigh in on the mayor’s 116-page housing plan to find out how the Council can help make this ambitious goal a reality. With a housing vacancy rate of only 3.12 percent, steadily increasing rents and widespread income stagnation, it should go without saying that New York is currently experiencing a housing crisis. The mayor’s housing plan was the linchpin of his campaign, and last month’s hearing provided a first look at how the administration endeavors to create or preserve 200,000 affordable housing units in the next 10 years. This should be done in partnership with the Council so that it can take into account the concerns of each individual community. I look forward to continuing conversations through additional hearings on specific topics within the plan in the near future.
THE ROAD TO SOMOS / EL C A MINO A SOMOS
BEFORE WE SAY “ADIÓS” TO 2014, LET US RETURN ONE LAST TIME TO SOMOS
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after we reached the end of el camino. Appreciation and, to be honest, a bit of astonishment at its scope, those are the general feelings that have been expressed to us about our coverage by those who viewed the dozens of on-camera interviews we conducted, read our in-depth articles, reflected upon the wealth of opinion pieces we printed, and discussed with us and with others the substance of this work both as individual pieces and in its totality. It has been enormously gratifying and a pleasant surprise to hear a lot of folks still talking about how much they got out of our weekly SOMOS breves. I must also admit that I’ve gotten a particular kick—hey, that’s just me—out of some of the scant complaints about the series we have received. In a recent conversation I had with City & State Editor-in-Chief
Morgan Pehme, he informed me about an elected official who was upset that his op-ed had not been published. I’ll keep to myself Morgan’s off-color response to the aggrieved político, whose piece was rejected not because we wanted to censor his views, but because it was written so poorly. Lastly, in the spirit of this whole endeavor, before we say adiós to 2014, let us return one last time to SOMOS and review highlights from our conversations with some of the políticos who made this SOMOS such a memorable event, so that we will bring forward their thoughts, concerns and aspirations into the new year and continue this crucial dialogue. Gracias for taking the time to come along with us on this journey. We look forward to seeing you at SOMOS in 2015.
city & state — December 19, 2014
GERSON BORRERO
, along with my colegas at City & State, knew we were plunging into uncharted waters when we set sail for the fall 2014 SOMOS conference in San Juan, Puerto Rico, this year. Our aim was to cover this quarter-of-a-century annual event for as long a duration as necessary to give our readers the most complete insights into and about SOMOS that have ever been reported. There were some detractors and skeptics from the beginning. The most entertaining were the few individuals who were sure I would let my opinion as a columnist bias the coverage. But since my role was as editor, that never happened. In the final calculus, our coverage proved so comprehensive and balanced that City & State continues to get resoundingly positive feedback on the series more than a month
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the fight, to apply pressure on government. “The labor movement has been the heart of the progressive movement historically in this country. It has also helped historically advance social justice causes, environmental causes,” Mark-Viverito said. “They were critical in helping get the Navy out of Vieques, so also figuring out how to galvanize them around this issue of El Caño Martín Peña is the next challenge.” Mark-Viverito spoke to City & State contributor Gerson Borrero right before she took members of the City Council on a tour of El Caño Martín Peña. Borrero also asked the Speaker about the importance of the SOMOS conference, which she said has improved in recent years. “I am seeing more connections in the workshops, sharing experiences between what is happening in New York and what is happening in Puerto Rico,” Mark-Viverito said. “That is what I like to see. There are ways that we can connect our struggles [and] we can learn from each other.” Before the conference, Borrero floated the idea of creating a Latinos’ Equality Party, similar to the Women’s Equality Party Gov. Andrew Cuomo created as a ballot line for the 2014 election. While not endorsing the idea directly, Mark-Viverito did agree that there is frustration among Latinos. “There is a lot of disappointment,” she said. “Obviously on the federal level, we haven’t seen anything done on immigration. On the state level, the one issue people were rallying around was the DREAM Act, and we didn’t see that happen. So I think there is a level of disappointment among Latinos feeling that their voice is not being heard. I will add my voice to that. Sometimes I feel that way too.”
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arcos Crespo was unquestionably one of the stars of SOMOS 2014, in part because of the announcement made at the fall conference that he would be the next chair of the Puerto Rican/Hispanic Task Force. In that role the assemblyman will be in charge of organizing next year’s SOMOS conferences and leading other efforts to promote issues of importance to Latinos. In an interview with City & State’s Morgan Pehme and Gerson Borrero, Crespo acknowledged areas in which New York’s Latino politicians must improve to achieve their common goals. “We need to do a better job of creating a Latino agenda. Identifying what it is. And making sure that is being part of the conversation—I don’t think we have done enough of a good job on that,” Crespo said. “As a Latino delegation in Albany, we have to come up with a better strategy. We have to, more than that, execute that strategy.” One of the signature issues for Latinos in Albany has been the DREAM Act, a bill that would provide access to tuition assistance for college to undocumented teens who have spent their whole life in the United States, but narrowly failed to pass in the state Senate in 2014. When pressed on why passing this bill was so important considering the larger systemic educational and economic problems Hispanic communities face, Crespo stressed the importance of establishing a record of achievement. “For those of us who have been serving in Albany for some time, we need to start to see some achievement,” he said. “We need to get something
done. I think the DREAM Act—not only is it a good bill with what it does, but it is also a marker—one of those banners where once we accomplish that, it goes to show that we can deliver.” A lot more can be done to improve access to quality education for Latinos, Crespo added, highlighting the gaps in bilingual education in communities. As the new chair of the Puerto Rican/Hispanic Task Force, Crespo would like to make the conference more policy-oriented, he said, pointing to former assemblyman Peter Rivera’s time as chair as a model to follow. Many issues Crespo had not realized were important to Latinos were highlighted in workshops under Rivera’s tenure, he said, and led to action in Albany. “I will never forget going to workshops with the pharmaceutical industry talking to us about physician prevails—the importance of that, and what that meant to the Latino community,” Crespo said, referencing the policy that gives doctors and not insurance companies final say in deciding which medications patients should be prescribed. “I would have never thought that was an important issue for us,” Crespo said. “But once explained, it was one of those issues that Latinos would always [bring] up in conference and defend, because of how many members of our community who—for language issues or just because of the system—ended up taking the wrong medications, because they didn’t know that they had the right to fight for the physician to ultimately determine what they should get, and not the insurance company or some bureaucrat.”
THE ROAD TO SOMOS / EL CAMINO A SOMOS
efore she was a member of the City Council, Melissa MarkViverito was an activist. A native puertorriqueña, she was heavily involved in the push for the U.S. Navy to stop testing weapons on the island of Vieques, off the east coast of the main island of the Puerto Rico archipelago. At this year’s fall SOMOS conference Mark-Viverito was back to her roots, advocating for a new cause, the dredging of a polluted canal next to El Caño Martín Peña, a neighborhood in the capital city of San Juan where nearly 20,000 people, including thousands of children, endure living conditions that Mark-Viverito calls an “environmental injustice.” Water does not flow in the canal, so whenever there is heavy rain, the entire area is flooded with toxic wastewater that seeps into residents homes and schools. Current San Juan mayor Carmen Yulín Cruz has made addressing this disaster a priority, and the New York City Council Speaker has been a close ally in the fight. “I am approaching this as an activist,” said Mark-Viverito. “Part of it is raising awareness, educating to make sure people know and have the information correctly, and then starting to galvanize different sectors to unite their voice.” Because Puerto Rico is a territory of the United States, the only solution to El Caño Martín Peña’s problem is for the federal government to step in. The Environmental Protection Agency and the Army Corps of Engineers must dredge the canal so water will flow again, preventing the flooding. But the cost of doing so is not cheap. Yulín Cruz estimates it will cost around $700 million. Mark-Viverito is looking to New York’s powerful labor interests as an ally in
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MELISSA MARK-VIVERITO New York City Council Speaker
THE ROAD TO SOMOS / EL CAMINO A SOMOS city & state — December 19, 2014
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TOM DINAPOLI New York State Comptroller
NYDIA VELÁZQUEZ Congresswoman
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he SOMOS fall conference began just days after the 2014 general election, in which Democrats took a beating in Congressional races across the country and lost control of the U.S. Senate. When City & State’s Gerson Borrero and Morgan Pehme asked the congresswoman what had gone wrong for Democrats, she suggested that the party had unwise to turns its back on the legislation its members of Congress had passed in recent years. “We need to go to our communities or constituencies and talk about the values that make the Democratic Party what it is today. We should not run away from what President Obama has enacted or put forward,” she said. “Healthcare is working despite the rollout. The fundamentals of our economy are strong. Everything that we did and the president has done is proven that it was right. Unemployment is down. The [stock] market is up. And the economy is growing.” Voter turnout this November was significantly than in the previous mid-term election, especially in New York State, but also in many other parts of the nation. Asked what could be done to reverse this trend, Velázquez stressed that the Voting Rights Act must be strengthened, though she is not optimistic that can be done. “Right now it is under attack. …
With this new Senate that is more conservative, I am afraid that we will not be able to pass a Voting Rights Act or reform the legislation to make it stronger. That really …[will] erode democracy,” she said. As one of only a handful of Puerto Rican members of Congress, Rep. Velázquez is vocal in promoting the island’s interests, and argues that because of its unique political status as a commonwealth Puerto Rico must be very strategic in who it selects to serve as its resident commissioner—a non-voting member of the U.S. House of Representatives. “Puerto Rico is an asterisk when it comes to the legislative agenda in Washington. Therefore you need a representative from Puerto Rico who is engaged 24 hours, seven days a week in Washington. This position cannot be used—and should not be used—to promote yourself for the next political step that you are going to take, because you need to understand the dynamics of how Washington works,” Velázquez said. “So the political parties here [in Puerto Rico] need to decide who they want to send to Washington: the next candidate for governor, or someone who is going to do the work on behalf of the people of Puerto Rico.”
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resh off his landslide reelection, Tom DiNapoli sat down with City & State’s Gerson Borrero and Morgan Pehme before participating in a workshop on the economic challenges facing Puerto Rico. They asked the comptroller about accusations Puerto Rican Senate President Eduardo Bhatia had made in a City & State TV interview back in September that some investors on Wall Street were intentionally spreading misinformation about the extent of Puerto Rico’s economic struggles in order to short-sell the island’s municipal bonds. DiNapoli stressed that he had not looked specifically at the issue raised, though he did state that he believes more transparency was needed on Wall Street. He then shed some light on the financial state of the island: “I have noticed, though, in recent weeks, that some big investors have been purchasing the debt from Puerto Rico. I think you can also look at that as investors seeing Puerto Rico as an opportunity and not seeing it as a place that is going to collapse. There are big issues, [with the] budget [and] a big debt burden. I think you can also say that if there is a Wall Street or investor focus on Puerto Rico on the debt side, then that shows a sense that this is a place where an investor could make money and flow more capital into Puerto Rico to help manage its debt to
reinvest in its economy.” Asked if he would look at investing more of the state’s $177 billion pension fund into Puerto Rico, DiNapoli said he was open to the possibility. “Our obligation is to make money for the fund. So if we find ways to make money that will also help Puerto Rico, we would certainly be open to that. We have some very limited investments here. We are invested in many of the big U.S. corporations that are here,” he said. Borrero concluded the interview by asking DiNapoli his opinion of Borrero’s suggestion that there should be a Latinos’ Equality Party as a vehicle for Latinos to gain more respect and power in Albany. DiNapoli responded that adding more political parties likely will not improve the system. “I am a Democrat, [though] I did run on the Working Families and the Independence Party [lines]. Now we have two more parties. The [Stop] Common Core party won also. If we are going to have 10, 11, 12 parties … I don’t know if it strengthens our process,” DiNapoli said. “Part of the reason why nationally the Republican Party did better is because they captured a larger percentage of the Latino vote. The Latino vote is growing. [It] is important, and if there is a perception that the Democrats are taking that vote for granted, the Democrats won’t win.” cit yandstateny.com
NICOLE GELINAS
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ew York State Thruway chairman Howard Milstein resigned in early December— but he left behind the bill. The Thruway hasn’t explained how it will pay for its signature project: the Tappan Zee Bridge replacement. Gov. Andrew Cuomo should resist the urge to pay for the New NY Bridge with the billions the state is getting from rogue financial firms. Cuomo styles himself as a responsible progressive—a leader who believes in activist government but who doesn’t want government to break the bank. A key principle
of 20th century progressivism was that big projects that can pay for themselves, should. That’s how Gov. Thomas Dewey set up the Thruway in 1950. After the state-highway project went way over budget—doubling from $200 to $400 million— Dewey determined “the only feasible method of building such a project … is the toll principle,” The New York Times reported. Drivers would pay to build and maintain the road and its major bridges, leaving tax revenues to fund parts of government that don’t finance themselves. Plus, an independent Thruway protected the road from deterioration. The Thruway doesn’t need the governor’s permission to raise tolls. It can take this unpopular step to fund repairs and maintenance. In fact, the Thruway legally must raise tolls when necessary to pay bondholders. Now this successful creature of progressivism is in peril. The Tappan Zee replacement project will cost $4 billion. To pay for the project properly, the $4.75 Tappan Zee car toll—and higher truck tolls— will have to double, and then some. This statement isn’t conjecture. The Thruway is issuing a bond in mid-December. Though this bond isn’t for the Tappan Zee replacement, the Thruway released some information
about bridge financing ahead of the debt sale. Mostly because of the bridge, the Thruway’s annual debt costs are rising from $254.9 million this year to $445.5 million in 2018. To put this increase in perspective: This extra $190.6 million annually is more than the $129.6 million that the Tappan Zee Bridge brings in each year from tolls. The Thruway thus could double tolls on the new bridge—and still not have enough. Indeed, the Thruway already projects in the bond documents that annual toll revenues on the entire highway will rise from $694.4 million this year to $991.8 million in 2018. The Thruway assumes similar toll hikes in its proposed budget for next year, notes E.J. McMahon of the Empire Center. The Thruway won’t detail how it plans to hike tolls by nearly 43 percent, or $297 million, over three years. But the Tappan Zee generates 20 percent of Thruway toll revenues, meaning that if the Tappan Zee toll doesn’t increase significantly, tolls on the rest of the Thruway will have to rise to make up for it. Practically speaking, too, it will be hard for the Thruway to keep up with maintenance on the rest of its system if it hikes tolls on other highway stretches for the bridge. The Thruway should announce a plan to increase Tappan Zee tolls by,
say, $1 or $1.50 a year, starting, well, now. (Merry Christmas!) Such a plan would allow the Thruway to save money for future debt costs. It’s more prudent, too, to see how drivers react to a gradual toll increase than to risk sticker shock that causes them to flee. There is only one problem: Cuomo doesn’t seem to want the Thruway to announce a toll-hike schedule on his watch. The governor may want to save himself a political headache by taking some of the $5.1 billion New York has amassed from bank fines for money laundering and other sins and put it toward the new bridge. Allocating this windfall to infrastructure is a good idea. And if we had $5.1 billion in statewide infrastructure needs and $5.1 billion in extra money, it would be okay to use some of the money for the bridge. But the state has tens of billions in infrastructure needs. The MTA alone faces a $15 billion capital shortfall. Unlike the Tappan Zee, most of the state’s infrastructure has no chance of paying for itself. The bridge may not be able to pay for itself, but the responsible thing is to try—starting now.
PERSPEC TIVES
TOLL-TREBLE TROUBLE
Nicole Gelinas (@nicolegelinas) is a contributing editor to the Manhattan Institute’s City Journal.
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STEPHEN LEVIN AND RICHIE TORRES
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f all the problems Mayor Bill de Blasio inherited, perhaps none is as deep, or as tragic, as New York City’s record and stillrising homeless population. Today there are more than 58,000 homeless New Yorkers, including 25,000 children, staying each night in our shelter system—a population nearly the size of a small city. While the Great Recession pushed many thousands into homelessness, shortsighted city policy needlessly fueled this crisis by ending programs
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long proven to effectively move homeless families out of costly emergency shelters and into stable, affordable homes. The result has been an enormous human tragedy, and a spiraling fiscal nightmare. Last year New York City for the first time spent more than $1 billion in a single year on sheltering our homeless neighbors, often in deplorable conditions. Mayor de Blasio and his administration have already begun to shift the city’s response to homelessness, by moving families out of some of the worst municipal shelters and announcing new rent subsidy programs for some homeless New Yorkers. But the sheer magnitude of need requires that the city use every tool we have to reduce homelessness. Unfortunately, Mayor de Blasio is still leaving one of our best tools on the table. City Hall announced earlier this year that that it will set aside less than 13 percent of new vacancies—750 apartments out of 6,000 available units—in NYCHA public housing buildings for homeless families currently stuck in some of the city’s shelters. The set-aside units are still not accessible to the thousands of families living in the city’s domestic violence shelters. That is far less than mayors Koch, Dinkins, and even Giuliani, who all set aside about one-third of public
housing apartments for homeless families. In fact, with eight months left in the fiscal year, the city has already used up the entire allocation of 750 apartments. And each night more than 13,000 homeless families still languish in homeless shelters, with an additional 1,000 families sleeping in domestic violence shelters. Administration officials have spoken about the need to move cautiously, but the homelessness crisis is simply too deep and too urgent for small steps. Placing homeless families in public housing was enormously successful at helping vulnerable New Yorkers get back on their feet for more than 20 years. Very few families who are given these permanently affordable homes ever return to homelessness, unlike time-limited rent subsidies— which, when they expire, too often send families right back to shelters. In fact, the city’s disastrous decision to stop giving homeless families priority for NYCHA apartments was a key driver of the explosion of homelessness under the Bloomberg administration. Some have argued that with a years-long waiting list for NYCHA apartments, it is unfair to let anyone— even homeless families—“skip the line.” But there is no simple line to begin with: NYCHA currently gives priority for many of its apartments
to families already in homes they can afford who are earning as much as $67,000. Is it really smart policy to put families with no urgent need for housing before those who have been living in homeless shelters for as long as two years? The NYCHA apartments the city allocated this year for homeless families is certainly an improvement over Mayor Bloomberg’s closed-door policy, but with hundreds of families coming into the shelter system each month, 750 apartments simply will not cut it. In the long run, Mayor de Blasio’s housing plan will offer affordable homes to many low-income New Yorkers who might otherwise become homeless due to ever rising rents. But it will be years before many of those units are available. Today there are enough homeless New Yorkers sleeping every night in our shelters to fill Yankee Stadium. They deserve our help, not half measures. Stephen Levin and Ritchie Torres are members of the New York City Council. Torres is the chair of the Council’s Committee on Public Housing. Levin is the chair of the General Welfare Committee, which deals with homelessness and other social issues.
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PUBLIC HOUSING KEY TO REDUCING HOMELESSNESS
A JURIST’S PRUDENCE
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associate judge of the New York State Court of Appeals from 1973–84 before being appointed chief judge by Gov. Mario Cuomo in 1985, despite the fact that Wachtler was a Republican and the governor a Democrat. An eminently brilliant and hugely influential jurist, Wachtler participated over his nearly 20 years on the Court in more than 11,000 decisions and authored 378 of them, including many of great statewide and national significance. In his dual role as chief administrator of the state’s courts, Wachtler implemented important reforms, streamlining the system and successfully pushing for greater diversity among members of the judiciary. Ultimately, however, Wachtler’s career on the bench ended in disgrace, with Wachtler resigning from the Court in 1992 following an arrest stemming from his harassment and threatening of a former lover. He would go on to serve 13 months in prison. Since his release Wachtler, whose bipolar disorder became public amid his legal ordeal, has become an advocate for the mentally ill. The author of two books, including a prison memoir entitled After the Madness, he is currently a distinguished adjunct professor at Touro Law School. City & State Editor Morgan Pehme asked the man who coined probably the most famous saying ever about grand juries his opinion of the grand jury’s decision not to indict the officer who killed Eric Garner, as well as what he believes should be done to reform the state’s criminal justice system. The following is an edited transcript. C&S: Now that Judge Lippman is finishing up his term as chief judge, how would you assess his tenure? Sol Wachtler: I think he was an excellent chief judge, both as far as his administration is concerned and his management of the Court. Judge Lippman was somewhat different in
specified purposes, but that it is not a requirement that a grand jury receive every case in which an indictment is sought. C&S: How did your personal experience on the other side of the law change your perspective on the justice system?
A Q&A WITH
SOL WACHTLER the way he handled or encouraged dissents or concurring opinions than Chief Judge Kaye and I did, but that is a school of thought, and I think he performed [the job] well. C&S: You are famous for coining the phrase “a grand jury would indict a ham sandwich, if that’s what you wanted.” Does the grand jury’s decision not to indict in the Eric Garner case disprove your adage or does it reveal that the district attorney didn’t really want to indict Officer Pantaleo? SW: I think it’s very clear whatever the grand jury does is what the prosecutor wants that grand jury to do. It’s as simple as that. If the prosecutor goes through all of the evidence that she or he has, evaluates it, interviews the witnesses, and comes to the conclusion that a person should not be indicted, that district attorney should not bring the case before the grand jury. Even
if the district attorney thinks that a person might be guilty, he shouldn’t bring it to the grand jury because he knows that the evidence will not hold up and guilt will not be proven beyond a reasonable doubt. But quite often the prosecutor uses the grand jury as a shield, so that if the district attorney doesn’t want an indictment, but is pressured to bring it before a grand jury, he will bring it before the grand jury, but he will not get an indictment, because really he doesn’t want an indictment. C&S: With the decision not to indict in the Garner case, there has been a great outcry for criminal justice reform. What do you think has to be done in New York State to improve our system? SW: I think that it’s essential that we do what two-thirds of the states have done and amend our Constitution so that the grand jury exists for only
SW: The greatest lesson I learned was that we don’t pay close enough attention to the way we treat the mentally ill in the criminal justice system, and as a result we now find that some 17 percent of the people in our prisons are seriously mentally ill—they’re called SMIs—and they don’t really belong in prison. We tore down all of the asylums, and we were supposed to at that time create community facilities of care, and we didn’t. And so these people were left to decompose, and their dysfunctional behavior put them in prison. We’ve established now in New York State veterans’ courts to handle those veterans who suffer from PTSD, combat veterans who were interacting with the criminal justice system and instead of being treated were imprisoned. We want to avoid that. After the Vietnam War we had 200,000 combat veterans in our prisons, mostly all of them on drug crimes. That’s not the way a civilized nation acts. These are the things I learned. In fact, in my book I speak of the difference between reading about the indignity of a strip search and actually being subject to it. It gives you a different perspective. People like Dick Cheney, who sees nothing wrong with torture, I think that he’s less of an expert than someone like John McCain, who was subject to it.
To read the full text of this interview, including Wachtler’s thoughts on whether a special prosecutor should be appointed to handle cases where police officers kill unarmed civilians, go to cityandstateny.com.
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WLULAW
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ol Wachtler served as an
PUBLISHING JANUARY 6 Wine and Ros es: Choice Lines From Past Add resses
Cuomo and de Blasio: Allies or Adv ersaries?
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2015!
Legislative Do ssie The Members’ rs: 2014 Prioritie s Revealed
January 8, 2014
JANUARY 6, 2015 • ALBANY
ISSUE BRIEF:
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ATEN Y.COM
As Governor Cuomo prepares for his second-term in office, City & State will preview key priorities for his 2015 Legislative Session. SPECIAL ISSUE FEATURES: · Cover Story: Common Challenges of 2nd Terms · Legislative profiles of each newly elected member of the NYS Legislature · An overview of 2015 legislative priorities · History of departures from the Cuomo administration SPECIAL DISTRIBUTION: The issue will be available at our State of the State cocktail reception on the eve of the Governor’s address. There will be expanded street delivery in retail locations in Albany as well as street teams hawking the print edition outside of the Governor’s State of Our State address on January 7th. As always, this issue will be first-class mailed to every elected and public official in New York.
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City & State’s State of Our State Cocktail Reception convenes leaders across industry sectors, including government, advocacy, and business to preview the Governor’s State of the State presentation. Last year, over 40 legislators attended the reception as well as nearly 350 leaders in New York business and advocacy.
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