Mayor de Blasio (photo: Michael Appleton/Mayor's Office)
“We have a special obligation in New York City,” Mayor Bill de Blasio told New Yorkers from The Cooper Union on Monday, giving a formal speech to reassure and rally the city after the election of Donald Trump as the next President of the United States.
De Blasio indicated that he had decided to give the speech because of all the fear that Trump’s campaign and election had created. More than two years ago, in April 2014, de Blasio spoke from the same Cooper Union stage, delivering remarks “on New York City’s future” to mark his first 100 days as mayor.
Monday’s speech had a far less celebratory tone, though the mayor hit similar points. This time, the organizing theme was "Always New York," with de Blasio highlighting the city's place as a world leader and its long-time progressive principles.
In essence, de Blasio attempted to do three things with what was a 40-minute speech Monday: define New York values; promise certain steps from his administration in the face of potential policies from a Trump administration; and call on New Yorkers to take specific actions to help lead the resistance.
Citing a “sense of foreboding,” the mayor promised unity and New York City as a beacon of what is good and right in the world. De Blasio said he was deputizing New Yorkers to fortify the city against what he described as threats of division from President-elect Trump.
“We New Yorkers will stand together,” de Blasio said. “We’re going to stand up for the needs for working people. We’re going to stand up for the right to organize. We’re going to stand up for our immigrant brothers and sisters. And we know that so many in this city fear being affronted, and we will stand with each and every one.”
The mayor made clear that he was responding to Trump’s election and referred to “the president-elect” several times, though only said Trump’s name once from the hall that has been host to many famous orators and speeches. “I always believe the people will help to correct the mistakes of leaders,” de Blasio said.
“I’m going to stand up to anything that affronts our people,” that mayor promised, standing in front of about 20 diverse New Yorkers seated on the stage behind him and addressing about 300 in the audience and others watching the video feed. “Our city government will stand up, but the greatest power is in you – the strength and the resiliency of New Yorkers.”
“Now, there are things we have to do – real and specific things,” he said, recommending the following:
1. Sign up for IDNYC, the city’s municipal identification card program, which has been highly popular and is available regardless of immigration status. De Blasio promised that the city “will never turn over the paperwork to the federal government.”
2. “We need you to help your friends and family members sign up for health insurance under the Affordable Care Act right now,” the mayor said. Earlier in the speech he acknowledged concern among New Yorkers who are registered under the ACA, or Obamacare, of a repeal of the law and loss of health insurance.
De Blasio did not explain why this is important to do, but it appears the thinking is that the more people insured through the ACA, the harder it would be for the federal government to justify repealing it.
3. “We need everyone to register to vote,” the mayor said. De Blasio highlighted that his preferred presidential candidate, Hillary Clinton, was ahead in the popular vote by about 1.5 million votes, but that Trump had won through the Electoral College.
The mayor has recently taken up voting and election reform in New York, calling on the state government to pass early voting, same-day registration, and other changes. The mayor says he was spurred to get more vocal about the issue by the Bernie Sanders movement and problems with the city’s election administration, including long Election Day lines. It is not lost on anyone who watches closely that the mayor is up for re-election next year.
4. “We need to pray,” the mayor said, “But not just in our own house of worship, we need to go to a different faith’s house of worship in solidarity.”
De Blasio, who is not religious himself, regularly speaks at churches and other houses of worship and at religious events. He spoke at two churches on Sunday, in fact, and at Ohel Children’s Home and Family Services’ 47th Annual Gala. During his Monday speech, the mayor discussed a recent trip to a mosque, which he said gave him hope.
5. “It’s so important in this moment to volunteer, to help your city, to help those in need,” de Blasio said, directing New Yorkers to “nycservice.org.”
6. New Yorkers must speak up against acts of hate and bias, the mayor said. He connected it to “If you see something, say something,” the call to keep an eye out for possible criminal or terrorist activity.
“The NYPD is ready to act. The Human Rights Commission is ready to act. If you see someone in danger because of a bias attack, call 911. If you have information about acts of hatred and harassment and hate speech, call 311. But whatever you do, call, so we can get to work stamping out all hatred and bias in this city,” de Blasio said.
There has been a wave of hate crimes across the city since Election Day, prompting a variety of rallies, marches, and other actions in response. Governor Andrew Cuomo gave a speech at a Harlem church on Sunday and outlined new steps the State was taking, including a new hate crimes unit in the state police. Cuomo had already announced a new hotline to report hate crimes.
7. The mayor implored New Yorkers to listen to and talk with children. De Blasio cited examples of children worried about being deported, or having loved ones deported, and said that adults should “Let them bring out their fears and concerns. Help them to understand that we, every day in this city, reject division. Show them by your example that you are doing something in the face of this challenge. Show them it can get better because you are acting now.”
“I don’t say this to burden you. I say it to deputize you,” de Blasio said Monday. “From this point on, what we do matters even more because people are watching everywhere. They’re looking for an antidote. They’re looking for something that works. They need to be reminded there is a better way.”
***
by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Henry Berger testifying (photo: John McCarten/City Council)
The City Council heard testimony Monday on a broad package of bills that would prevent conflicts of interest between elected officials and political nonprofits, limit the electoral influence of those who do business with the city, and make it easier for first-time candidates to navigate the city’s campaign finance system.
The Council’s Committee on Standards and Ethics heard 14 bills on Monday in what was the current Council’s first hearing of the committee focused on legislation. Of the 14, the headlining bill, Intro. 1345, was the Council’s direct response to Mayor Bill de Blasio and the Campaign for One New York, a nonprofit formed by the mayor’s allies to promote his agenda that has been at the center of controversy, criticism, and law enforcement investigations.
The Campaign for One New York, since disbanded, skirted the city’s campaign finance law, in part by raising major sums from entities with city business. Federal investigators have been looking at whether government action was exchanged for donations. The mayor has maintained that he, his administration, and the organization followed the law and sought guidances from the Conflicts of Interest Board throughout. His activities were probed by the city Campaign Finance Board, which let him off with a slap on the wrist but stressed the need to close the loophole in the law that he took advantage of in fundraising for his group.
The bill at hand is sponsored by City Council Speaker Melissa Mark-Viverito, a de Blasio ally. It takes aim at that exact loophole and limits donations from those who are lobbyists or have business before the city to nonprofits created or controlled by elected officials or their agents. The limit of $400 currently applies to donations made by such categories of donors directly to candidate committees. Under the bill, if an organization spends more than 10 percent of its annual budget on “public-facing communications that feature the name or picture of the elected official who controls them” contributions to the nonprofit would be limited and it would have to disclose its donors to the Conflicts of Interest Board.
Mark-Viverito did not attend the hearing, which was led by Standards and Ethics Committee Chair Alan Maisel. Mark-Viverito’s spokesperson, Robin Levine, said in an email that Council staff was monitoring the hearing and will brief the speaker as she reviews the testimony.
While there was broad support for Mark-Viverito’s bill, there were questions about its language and the implementation that it requires. As it currently stands, the bill seeks to prevent actual and perceived conflicts of interest by preventing business interests from donating large sums of money to a nonprofit to ingratiate themselves with an elected official. But concerns were raised that the bill paints with a broad brush and would include nonprofits that are affiliated to an extent with public officials but aren’t involved in public fundraising to benefit those officials. The bill also doesn’t include high-ranking public officials in city agencies, only elected officials. Council Members sought feedback on how they could amend and improve the proposal, and agency heads suggested more clear definitions of the organizations that would be covered.
The rest of the bills being heard Monday aim at streamlining campaign finance disclosure requirements and tweak certain aspects of the city’s campaign finance law. These bills would usually be heard by the Committee on Governmental Operations, which has heard another package of campaign finance reform bills that awaits a vote, but were lumped together with the first proposal concerning conflicts of interest, which is under the standards and ethics committee’s jurisdiction.
“All these bills are designed to ensure we streamline the process of running for office without sacrificing the safeguards that ensure integrity of our democratic process,” said Council Member David Greenfield, sponsor of five of the bills, in his opening statement.
The campaign finance bills cover a lot of ground. One bill shortens the deadline for candidates to choose a hearing before the Office of Administrative Trials and Hearings for alleged campaign violations and penalties. Currently, most candidates go through a more informal hearing before the Campaign Finance Board. Another bill requires campaign contributions to be deposited within 20 business days, and cash contributions to be deposited within 10 business days.
A bill sponsored by Council Member Brad Lander would allow non-public campaign funds to be used by public officials for their official duties. One of the proposals that the CFB particularly opposed would prohibit CFB staff from being present at an executive session of the board where campaign finance violations are being adjudicated. This bill would prevent the CFB’s own executive director from attending such a session.
The main bill, Intro. 1345, received support, with certain caveats, from the de Blasio administration, the Conflicts of Interest Board, the Campaign Finance Board, and private government reform organizations that favor more transparency in campaign finance.
Henry Berger, special counsel to the mayor, testified in support of all the bills but expressed certain doubts about the scope of Intro. 1345 and about one provision in Intro. 1355, one of Greenfield’s bills.
On Intro. 1345, Berger said the administration was “generally supportive of the intent of this bill,” but said the definition of an organization affiliated with an elected official was “overbroad and may be problematic.” He warned that it could also raise legal concerns over free speech of private entities. “These concerns would need to be addressed in future discussions at a staff level,” he said.
Berger cited the precautions that the mayor’s team took for the Campaign for One New York, including the willing disclosure of donors, which the new bill would require, and he agreed that limits should be placed on nonprofits that create a perception of helping a particular candidate. “[Intro. 1345] provides very strong assurances that would avoid the appearance of conflicts of interest,” he said. “And that’s important. Confidence in our government requires that.”
But he worried that the bill would also apply to nonprofits that don’t raise funds and are already subject to extensive reporting requirements, such as the Economic Development Corporation, or programmatic organizations that don’t benefit an individual but may raise funds such as the Metropolitan Museum of Art or the Lincoln Center for the Performing Arts. “We’re looking for some tightening but....we think this bill comes very close to drawing the line,” he said.
Once a bill is heard in Council committee, behind-the-scenes negotiation usually occurs to tweak bill language, before a bill is voted on in committee and then, if it passes, the the full Council. At times, like the other package of campaign finance reform bills that was heard months ago by the government operations committee, bills do not receive a committee vote soon after a hearing, if at all. Council sources do indicate, though, that they plan to move the bills heard today quickly, while also moving the other campaign finance bills.
Changes to the campaign finance system would already be late in the four-year election cycle as the election year of 2017 is fast-approaching and candidates have already been raising money.
The political nonprofits bill also expands the definition for those who do business before the city to include family members, which, Berger said, would create logistical and technical issues for the Mayor’s Office of Contract Services, which maintains the city’s doing business database. MOCS would need time to adjust to the bill, he later told Council members.
Addressing Intro. 1355, which relaxes certain documentation requirements for campaign contributions, Berger said there was a potential for fraud since the bill removes the obligation for a candidate committee to collect contributor cards if they receive a check or money order with the name and address of a donor on them.
Berger’s biggest complaints, however, were that certain necessary proposals were not included in the package of bills. He said the Council should consider legislation that would overhaul the process for post-election campaign audits, to ensure they are concluded faster; proposed that legal fees for responding to campaign finance issues should not be counted against a campaign’s expenditure limits; and suggested that candidates who must raise money for a general election during primary season be allowed to attribute fundraising expenditures to their general election spending cap instead of the primary one.
Representatives of the Conflicts of Interest Board commended the Council on Intro. 1345, but said they are unsure about being charged with implementing it. Executive Director Carolyn Lisa Miller said the board “remains uncertain whether we are the right agency to administer the legislation,” but expressed willingness to work with the Council and the administration.
Miller listed 20 possible issues arising from the legislation, ranging from the definition of the nonprofits covered to the substantial penalties levied and the timeframe of disclosures required by organizations. She also cited issues with enforcement and investigation. COIB is a small city agency, with 26 full-time employees, and has no investigators of its own, relying instead on the Department of Investigation which is an independent agency. Miller said COIB would likely require additional staff and funding to comply with the legislation.
What might complicate things further is that COIB cannot enforce fines on City Council members, if one should choose not to accept a violation found and penalty assessed by the board. In such a situation, which Miller said has never arisen to date, the board could only make recommendations to the Speaker and the Council which would have to decide to refer the case to the standards and ethics committee.
Council Member Lander, co-sponsor of Intro. 1345 and a prime sponsor on another one of the bills, pushed back against Miller’s uncertainty. “To me the reason to put this legislation and its enforcement with you is it is an issue of conflicts of interest,” he said. “Even though we are concerned about the public-facing communication, what we’re guarding against here is public corruption. That’s the goal, making sure that people who have business interests with the city don’t have an avenue into giving that influences public officials. That’s not primarily campaign finance. That’s primarily conflicts of interest.”
With 13 bills out of the package dealing directly with the Campaign Finance Board, much of the hearing focused on testimony from Amy Loprest, CFB executive director. Loprest, like COIB’s Miller, praised Intro. 1345 but had strong apprehensions nonetheless. “We note the several concerns regarding the bill’s drafting and implementation raised by our colleagues at the Conflicts of Interest Board,” Loprest said in her opening statement. “We urge the Council to take those into account, and we will be available to assist in any way they or the Council deems appropriate.”
She also criticized the legislation’s accompanying “poison pill” measures which would “significantly weaken the CFB’s oversight of the matching funds program.”
“These measures should not be the cost of implementing a commendable and necessary reform,” she said, taking issue with the timing of many of the proposals, saying they would be disruptive to the board’s preparations for the 2017 city elections.
In a cordial back-and-forth with Council Member Greenfield, who argued that the Council’s proposed changes to CFB procedures were warranted, necessary, and justified under its jurisdiction, Loprest attempted to explain her broader concerns.
“It is important for us to review how we do operate, how we do our audits, how we do our procedures,” she conceded. “I do however think that this kind of piecemeal, finger in one part of a complicated process will have unintended and unwelcome consequences and will make things more complicated when our goal is to try and make things less complicated.”
Greenfield pushed back. “I think that’s where we’re going to come to agree to disagree,” he said. “Just like your job is to audit candidates, our job is to audit the CFB, for lack of a better term.”
Good government groups testified in support of the bills, but had reservations about both the timing and the manner in which they were drafted and introduced. Gene Russianoff, senior attorney at the New York Public Interest Research Group, approved of the bills but said it was late in the game to consider changes to the city’s campaign finance system, with the next election so close.
Dick Dadey, executive director of Citizens Union, applauded the Council, but insisted that the bills should have included more public discussion when they were being drafted. Intro. 1345, in particular, addresses concerns that Citizens Union raised earlier this year in a proposal to regulate nonprofit organizations affiliated with elected officials. “We believe the proposed bill can effectively bring needed oversight to these organizations,” Dadey said at Monday’s hearing.
The only testimony that rejected most of the proposals outright came from Dominic Mauro, staff attorney for Reinvent Albany, an advocacy organization. Mauro said his organization supported the intent of Intro. 1345 but questioned how it could be implemented. The entire package of bills, Mauro said, “add up to a huge step backwards.” Admitting that the CFB is “imperfect, he said, however, that his organization thinks “Many of these bills seem like petty retaliation and an expression of irritation by Council members who are annoyed with CFB nitpicking.”
***
by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
Trucks (photo: Sofie Hecht/Gotham Gazette)
This is part two of a two-part series on the city’s Fair Share rules. Read part one: City May Soon Have More Formal ‘Fair Share’ Discussion
Fair Share Flawed from the Beginning, Some Say
Ronald Shiffman, now professor emeritus at the Pratt Institute and co-founder of Pratt’s Center for Community Development, was appointed to the newly-expanded City Planning Commission in 1990, and was present for the adoption of the Fair Share Criteria. He told Gotham Gazette that the creation of the criteria was compelled in large part by increasing concern over the then-nascent homelessness crisis and the early power of the emerging environmental justice movement.
“The criteria came out of the need to house populations that were more difficult to house at that time: the homeless, people just released from mental hospitals, people with AIDS,” Shiffman said. “Because of statewide deinstitutionalization policies, the city had to find a way to house these people. The criteria were meant in part to prevent communities from discriminating against those populations.”
Shiffman also said that the criteria were kept intentionally vague, so as not to “tie the city’s hands” when shelters and other facilities needed to be sited quickly, and noted the difficulty of achieving an equal distribution of burdens.
“How do you make sure that no area is getting over-concentration due to having more city-owned property or being less powerful than other communities?” Shiffman said. “There is a difficult line between preventing communities from excluding populations in dire need of housing and giving communities tools to protest an over-concentration of ‘burdensome’ facilities. It was a goal, to find a balance, and for everyone to carry their fair share of residential facilities.”
According to Shiffman, the Fair Share Criteria began to lose power as more city services and facilities were taken over by not-for-profit and private entities, because the accountability and mapping requirements set forth by the criteria apply to only city-owned and operated facilities.
“With the privatization of those facilities, city control kind of evaporated,” Shiffman said. “Devolving so much authority to the private sector allowed service providers and the city to do things that were far more inequitable than when we were dealing only with city-owned lots.”
At the same time that the newly-created criteria sought to compel communities to do their part to shelter fellow New Yorkers, the environmental justice movement saw the criteria as a tool to help protect low-income communities of color from becoming dumping grounds for waste processing stations.
Eddie Bautista is the director of the New York Environmental Justice Alliance; in 1990, when the criteria were enacted, he was the Director of Community Planning with the New York Lawyers for the Public Interest (NYLPI). Bautista said that the criteria emerged at the same time that the environmental justice movement in New York was ramping up.
“Environmental activists saw Fair Share as an organizing opportunity,” Bautista told Gotham Gazette. “We developed a citywide coalition with groups doing different environmental organizing in low-income neighborhoods of color.” Those neighborhoods, Bautista said, had “too much of the bad stuff and not enough of the good stuff.”
Bautista and others in the environmental justice movement at the time hoped that the criteria would increase transparency of the city facility-siting process, and provide an “early warning” to communities whose neighborhoods had been selected for waste processing stations so that they might intervene.
“The Charter Revision in ‘89 put land use in the hands of the City Council,” Bautista said.
While NYLPI was able to prevent the construction of two sludge treatment facilities using the criteria as an argument, Bautista says that, overall, the criteria are too superficial in nature and too opaque in execution to be impactful.
“Fair Share was never designed to get at the root causes of inequity in neighborhoods,” Bautista said. “It was made to look at the symptoms of the problem; it wasn’t going to change the siting dynamic.”
Bautista also points to the lack of penalties levied upon city agencies that do not submit upcoming facilities to the Citywide Statement of Needs; noting that there are no consequences for an agency that does not include plans to open a new facility in a neighborhood. For instance, the Fire Department submitted a site relocation proposal in the Statement of Needs for Fiscal Years 2016/2017 but did not do so for Fiscal Years 2017/2018. At the same time, in 2016/2017, Department of Homeless Services and the Administration of Child Services had no site proposals, but in the next statement, both agencies put forward multiple projects. Not enforcing a complete picture of new facilities in neighborhoods means that communities “never get an accurate view of what’s happening in their areas,” Bautista said.
“We had three administrations where Fair Share was meaningless because the regulatory framework made it so toothless,” Bautista said, referring to Mayors Dinkins, Giuliani, and Bloomberg.
A representative for the City Planning Commission confirmed that there are no punitive measures taken against agencies that fail to participate in the annual statement, but that checks and balances on siting decisions occur throughout the ULURP and public comment process. Often, it is left to City Council oversight and public pushback to a Council member or at a Council hearing to hold sway over these types of omissions.
Despite high hopes at the outset, there is no doubt that the Fair Share Criteria have not proved as useful as early proponents had hoped. But, their influence is starting to be felt again in conversations around distribution of facilities. The perception and reality of inequitable distribution are a constant in headlines across New York, as evidenced by the defeated proposal for the homeless shelter in Wakefield, which would have oversaturated the neighborhood, and the agitation over the conversion of the hotel into a homeless shelter in Maspeth, Queens, where the city has limited such facilities. In both situations, the city has had to navigate local concerns while attempting to install services and infrastructure for a growing population. In the case of Wakefield, Council Member Andy Cohen believes Fair Share was definitely a contributing factor in the administration’s final decision. In an interview outside City Hall, he told Gotham Gazette that there is a tension between the city’s need to house the homeless and the needs of communities.
“I think in order to maintain quality of life there just has to be balance,” he said, “and having a disproportionate number of homeless people being serviced out of one community, I think taxes the NYPD.” He cited as an example one of the shelters in the Wakefield neighborhood that he said had generated more than 500 911 calls within the first six months of opening. “The precinct is not able to service the rest of the...precinct if they’re answering all of these calls so that’s the kind of example of why I think it’s important that these facilities are spread out in a proportional and representative way,” Council Member Cohen said.
Fair Share Flashpoints
Council Speaker Mark-Viverito ignited a firestorm of protest and earned quite a few applause when she spoke hopefully in her 2016 State of the City address of reducing the jail population of Rikers Island so significantly “that the dream of shutting it down becomes a reality,” and announced the creation of a special commission to be led by Jonathan Lippman, former Chief Judge of the New York Court of Appeals. The commission is reviewing the city’s entire criminal justice system, including the possibility of closing the island’s jails and relocating the detainees and inmates.
DNAinfo reported in March that, contrary to earlier claims from the mayor’s office that the closure proposal was a “noble” but “unworkable” concept, city officials had begun examining several locations for new and expanded jails that might house the thousands displaced by shuttering Rikers complexes. As of October 20, Rikers held about 7,500 inmates, many awaiting trial, and other city jails off the island held about 2,200, for a Department of Correction headcount of 9,764, according to a DOC spokesperson.
According to DNAinfo, officials identified possible locations in the Bronx, Brooklyn, Queens, and on Staten Island, “where two new jails — each housing as many as 2,000 inmates — could be built.” According to several proposals that have been around for years, existing detention centers could and should be expanded to also accommodate detainees if Rikers were to be closed -- something Mayor de Blasio has called a long-shot and a many years, multi-billion dollar project if it were to ever come to fruition.
Perhaps even more daunting to the prospect of closing Rikers jails than several billion dollars in costs are the roadblocks thrown up by the Uniform Land Use Review Procedure, or ULURP. In the event that the city would need to site small jails to take on the incarcerated population, each site would be subject to a lengthy, complicated, and controversial process that also requires the application of the Fair Share Criteria. Pushback from several City Council members was quick and fierce when DNAinfo reported on potential communities being targeted. No one wants a jail in their district - or “back yard.”
One site on the short list for a hypothetical new jail is Hunt’s Point, where a jail barge holding 800 prisoners is currently moored - and the very neighborhood Mark-Viverito held up as an example of an area already saturated with more than its fair share of burdensome facilities.
“While I understand that we need to make strides in improving corrections infrastructure, primarily Rikers Island, the solution is not building a new facility in the South Bronx,” City Council Member Rafael Salamanca, recently elected to represent the area, said in an April press release, released in collaboration with State Senator Jeff Klein.
City Council Member Antonio Reynoso, who represents Williamsburg, Bushwick, and Ridgewood, said in a statement that while he has not been able to verify that the city is considering using a National Grid site in his district as a jail location, “...if it were true, the proposal would need to go through public land use review, and I would never allow it to pass.” The Council is known to defer to the local representative on land use decisions.
City Council Member Joseph Borelli, of Staten Island’s south shore, has advocated for addressing conditions at Rikers in lieu of shutting it down. He put his response plainly in his letter to Mark-Viverito: “No one wants a jail next to their house.”
Homeless Shelters
In 2013, then-Comptroller John Liu released a report that set out to examine the way the city chooses sites for homeless shelters, and to “determine if the City’s goal of transparency is being effectively achieved by implementation of the Fair Share Criteria.” The answer, in short, was “no,” but the report dove deep into the ways the complex process of siting city facilities is made even more convoluted and opaque when different kinds of shelters and shelter operators are in play.
“Shelters are undoubtedly clustered in low-income neighborhoods,” the report stated. Using data from 2011, the comptroller’s office showed that “family and adult shelters were unevenly dispersed across the city,” with the greatest concentrations found in the Bronx, followed by Brooklyn, Manhattan, and Queens. Staten Island was not included, because its six shelters made the borough an outlier that skewed citywide results. The analysis is never as simple as being borough-based, of course, and there are specific communities that are at the heart of fair share issues.
Though the unequal distribution of shelters was stark, the report was more an indictment of the failure of the Fair Share Criteria to ensure transparency in the shelter siting process. The criteria, the report said, should “set the framework for dialogue between communities and government in an effort to achieve optimal levels of efficiency, utility, and fairness in the siting of public facilities,” and were developed “to provide communities with a transparent decision-making process that facilitates adequate planning and takes communities’ needs into account.”
To this end, the report pointed out a litany of shortcomings, chief among them that a large number of homeless shelters are regularly not included on the annual Citywide Statement of Needs. Many DHS shelters are excluded, as are emergency shelters, which by nature are not anticipated, though potential sites could be identified earlier; as well as per diem shelters, “which are not City facilities” and therefore skirt a real public input process. Those exclusions, the report says, prevent communities from offering comment or intervening once a site has been chosen.
The lengthy report contains a thorough critique of and suggestions for improvement to the transparency aspects of the Fair Share Criteria, but the driving conclusions were that “there is poor notification and limited community participation in decisions about siting family and adult homeless shelters” and that “clustering is occurring and that certain neighborhoods across the City have a higher proportion of family and adult shelters than others” - namely, low-income neighborhoods such as Bedford-Stuyvesant and Brownsville in Brooklyn, Fordham, Morris Heights, Belmont, and East Tremont in the Bronx, and Central Harlem in Manhattan.
If the public notification and input process were improved, the report says, a more transparent process might create a more equitable distribution of facilities.
The problems of transparency and clustering don’t seem to have improved significantly since that data was collected in 2011.
In 2015, the Department of Homeless Services released data showing that the ten community districts with the most homeless shelters contain more shelters than the other 49 districts combined. Of those top ten districts, four were located in the Bronx.
The other areas with the highest concentration of shelters were almost all low-income and predominantly non-white, including Manhattan Community Boards 10 and 3 in Harlem and the Lower East Side, respectively; Brooklyn CB3 in Bed-Stuy; and Manhattan CB11 in East Harlem.
“New York City is legally obligated to provide shelter to any New Yorker who would otherwise be on the streets,” said a Department of Homeless Services spokesperson in an email. “Mayor de Blasio charged the administration with evaluating the breadth of human services located in each community district citywide to identify areas to locate new shelter facilities. We are committed to engaging communities on these issues, listening to feedback and working to address community concerns.”
DHS takes a number of factors into consideration when selecting a new site for a homeless shelter -- rating the bid made for the site, whether the building has the appropriate documentation, including a Certificate of Occupancy, whether it complies with requirements of the state Office of Temporary and Disability Assistance (OTDA), timeframe of availability, potential capacity and saturation, among others. The OTDA also has to approve the expansion of an existing shelter. In non-emergency circumstances, the city ensures that elected officials are informed of a shelter opening at least 45 days in advance. DHS now also creates a Community Advisory Board for every new shelter. These boards, comprised of appointees of local elected officials and community members, hold monthly meetings with DHS staff, the shelter operator, and NYPD to discuss any pertinent issues.
However, the regulatory void in which homeless shelter siting operates became apparent in 2014, when DHS successfully opened a new homeless shelter for adult families without children at 56-66 Clay St. in Greenpoint, Brooklyn, despite protests from local officials and community members that a public review process had not taken place.
Assembly Member Joseph Lentol pushed back, citing the four existing shelters in his district, and asking city officials to consider the Fair Share Criteria before making a final decision.
"For more than 40 years we have been our brother’s keeper, and we continue to accept that responsibility on the condition that we are not being unfairly singled out to carry this burden," Lentol said in a letter to Department of Homeless Services about the conflict. "Other communities are not carrying this same burden because Community Board 1 is unfairly carrying this load."
But the shelter on Clay Street was not subject to the Fair Share Criteria, or to any lengthy public review process. It was instated as an emergency shelter, for which DHS must only give seven days notice. While DHS acted legally, the shelter felt as though it had been “smuggled in by the dead of night,” Board 1 chair Dealice Fuller said in a letter to Mayor de Blasio last year.
Waste Management
On August 17, Mayor de Blasio announced major planned reforms to the city’s commercial sanitation industry, which would seek to reduce truck traffic and emissions, increase recycling and promote environmental justice by creating commercial waste zones that are each served by one private sanitation company. The plan was praised by the Transform Don’t Trash NYC coalition, an environmental justice community group that has long advocated against the problem of waste facility clustering in the city.
While city officials are making and eyeing significant strides toward reducing the amount of waste New York residents and businesses produce, processing and transfer stations are concentrated in a handful of low-income communities populated predominantly by people of color.
Transform Don’t Trash NYC released a report in 2015 indicting the city’s “inefficient and ad-hoc arrangement” for waste processing that allows hundreds of private hauling companies to collect waste from restaurants, stores, and other businesses each night and “truck it to dozens of transfer stations and recycling facilities concentrated in a handful of low-income communities of color.”
After collecting data for both city-run and privately-owned waste collectors, the report authors found that 75% of all waste handled in New York City is trucked to transfer stations in just three outer-borough neighborhoods in North Brooklyn, the South Bronx, and Northeast Queens.
The 4,000-plus diesel trucks that transport waste to those facilities each day emit exhaust, increase traffic congestion, and add wear and tear to roads, according to the report. The study found that the trucks’ emissions alone have a significant negative impact of air quality in neighborhoods where waste facilities are clustered.
While de Blasio’s new commercial sanitation plan will address these issues, there is no indication if it will also look at the Fair Share Criteria to site new waste management facilities. In March, the New Harlem East Merchants Association wrote a letter to the Department of Sanitation, demanding that the department reconsider its decision to open a sanitation garage in a residential neighborhood on 3rd Avenue, about 1,200 feet away from another garage on East 131 Street, and in close proximity to two schools and a new cancer treatment facility.
According to a statement from New Harlem East Merchants Association, the addition “would place an unfair burden on the East Harlem community,” which already struggles with an asthma rate twice that of the city-wide average (asthma rates in the nearby South Bronx are also quite high). The city has not indicated that community protest will prevent a second garage from going up.
However, where the Fair Share Criteria have failed, local legislators are pursuing alternative projects and policies to prevent low-income communities from handling the vast majority of the city’s waste with a mind toward more equitable distribution.
Building on the 20-year Solid Waste Management Plan (SWMP), which has an environmental justice focus and was adopted by Mayor Bloomberg and the City Council in 2006, City Council Member Steve Levin of Brooklyn introduced a bill in October 2014. Intro. 495, also known as the “Trash Cap,” would cut the daily waste processing capacity in the three most-burdened neighborhoods -- North Brooklyn, South Bronx, and Northeast Queens -- by 50% of the daily trash volume they currently receive, according to Council Member Antonio Reynoso’s legislative director, Lacey Tauber. It would also cap the permitted capacity of waste transfer stations at 10 percent of the average citywide capacity.
Reynoso, who is chair of the Council’s Committee on Sanitation and Solid Waste, also represents the district with the highest concentration of waste facilities: parts of Brooklyn including Williamsburg and Bushwick.
Under the trash cap bill, all community districts with solid waste transfer stations would be capped, but not every cap would be the same, Tauber told Gotham Gazette. The bill considers any community district handling more than 10 percent of the city’s waste as overburdened and seeks to ensure that community districts that aren’t already over that threshold are capped at 10 percent and cannot be pushed over it.
“The [10 percent] cap on citywide waste ensures that lessening the burden on one community does not simply transfer that full burden to another similar community,” Tauber said.
Tauber added that pairing prevention of over-saturation of waste facilities with a clear alternative is key to not sacrificing equity in one community to benefit another.
“If we say you can’t bring it here but don’t specify where it can go, that directs waste to other low-income communities of color,” Tauber said.
After negotiations with the de Blasio administration about the bill, which had a hearing early in 2015, it was amended to increase the cap from the original proposal of 5 percent to the current 10 percent. The bill has not yet been voted on in committee.
Another way to decrease truck traffic and associated ills is through the use of marine transfer stations, or MTS, where waste leaves the city via barge, decreasing traffic and consolidating the process. The city is opening MTS in Queens, Brooklyn, and, perhaps most famously, on 91 Street on the Upper East Side. According to the NYC Environmental Justice Alliance, the latter, a wealthy and well-connected neighborhood, has funneled hundreds of thousands of dollars into an opposition campaign. Nevertheless, construction is still underway, and proponents of MTS believe the three will offer significant relief to overburdened communities.
“It will help decrease traffic, congestion, pollution - everything that the trucks bring into those low-income neighborhoods,” Tauber said of the Upper East Side MTS.
Yet, the MTS currently only deal with the residential waste under the jurisdiction of the Department of Sanitation. Incentivizing private truck companies that pick up waste from businesses and restaurants is another challenge that the city appears to be targeting through the neighborhood zoning plan. This model allows the city to consolidate truck traffic and regulate labor standards, truck emissions, and more. The proposal that the de Blasio administration put out has a long way to go before becoming law.
Updating Fair Share
Despite noble intentions, the Fair Share Criteria does not achieve the kind of transparent public input process and equitable city landscape sought by its supporters. While Speaker Mark-Viverito promised in her February State of the City address that the City Council would “empower neighborhoods by working with our partners in City and State government to create tools and improve opportunities for public input in the Fair Share process,” no specific legislation has been put forth. In the August interview with Gotham Gazette, she said the Council was exploring the issue, and may put out a paper on it.
City Council Member Brad Lander, long a proponent of progressive city planning practices, has clear ideas about how to revamp the criteria.
“Step one is to provide more transparency on both the existing siting of various forms of municipal infrastructure and services that are covered by the fair share rules, and more transparency on each individual application so it will be possible to really evaluate whether it is fair or not fair,” Lander told Gotham Gazette in an interview.
Second, Lander said that the criteria have to be updated. “If City Planning wants to do that, great. But if not, we need to step forward and push them to do it,” he said.
The third objective, Lander said, and one that could be the most challenging legislatively, “is putting some teeth in the laws, having some consequence for unfair sitings, making unfair sitings be more difficult for the city than fairer ones.”
“Developing a system that has at least a thumb on the scale toward more equitable distribution: that’s the ultimate goal,” Lander said.
The City made significant moves in this direction in April, according to Lander, when the administration quietly resurrected the formerly-annual Social Indicators Report. Though the annual report was mandated in the same 1989 Charter Revision that created the Fair Share Criteria, this is the first report to be published by a Mayor in a decade.
The report, which mostly escaped public notice, provides a comprehensive statistical snapshot of the city, ostensibly to provide a clearer understanding of both need and progress in various communities. The data is disaggregated by 45 different indicators, including race, income, gender, education, English proficiency, and others. The report’s introduction states that it is “meant to help guide the City’s efforts to reduce disparities and advance equity.”
Lander says that while the City Council works on how to update and improve the Fair Share Criteria, the Social Indicators Report is a valuable and promising tool. “It’s a good, strong step forward,” Lander said. The Council member did not indicate whether anything on fair share from his office or the Council in general should be expected any time soon.
Eddie Bautista, executive director of the New York City Environmental Justice Alliance and veteran in the fight against clustering waste facilities in low-income neighborhoods, is cautiously optimistic.
“What would make it meaningful would be to go back to the original concept: transparency and a full accounting of the burdens and lack of benefits in each community,” Bautista said.
“The Fair Share Criteria was all we could muster in ‘89 and ‘90. After 25 years of cynicism, I’m looking forward to the [City Council] speaker - the first speaker of color - and Brad Lander - an activist involved in early fair share conversations - working toward a solution on this.”
**This is part two of a two-part series on the city’s Fair Share rules. Read part one: City May Soon Have More Formal ‘Fair Share’ Discussion**
***
by Maggie Calmes & Samar Khurshid for Gotham Gazette
@GothamGazette
Note: this story has been updated to reflect amended language in Intro. 495, the "Trash Cap" bill.