Manhattan Psychiatric Center, Wards Island (photo: @nicknormal via Flickr)
Ten people have died of coronavirus and another 193 have tested positive among the nearly 3,500 residents living in state-run inpatient psychiatric facilities, according to officials, making them one of the hardest hit institutional settings per capita in New York State. Another 283 staff that work at the state's 23 centers have tested positive for COVID-19, which has killed well over 13,000 people across the state.
After inquiries, the information was provided to Gotham Gazette on April 14 by the state Office of Mental Health (OMH), which runs the 23 sites. On April 17, just before publication of this story, OMH said it did not have any new numbers to share.
The centers are home to people with the most severe mental illnesses, who cannot manage their symptoms alone, and are proving to be particularly fertile settings for the virus' spread. They are experiencing exacerbated risks, similar to other congregate settings like jails and nursing homes, which have thus far received virtually all the attention.
Testimony from psychiatric center staff, labor union leaders, and an elected official with oversight of the centers paints a picture of sites where patients continue to gather in groups and staff lack the personal protective supplies needed to limit exposure to the coronavirus, where even basic hygiene and space to quarantine positive cases is lacking. Experts are concerned that the potential for violence among residents, already high, is heightened as they respond to life under the austere conditions of a societal lockdown.
Officials at OMH say the agency has taken precautions to protect residents and staff from the virus, but frontline workers say they have seen few changes on the ground. Union officials representing the workers said they are considering legal action to protect their members.
"There is a degree of fear and uncertainty amongst our workforce as well as, I think, amongst the patients," said Randi DiAntonio, vice president of the Public Employees Federation (PEF), a union representing thousands of healthcare workers in inpatient facilities. "We want to provide the services but we want to be safe and we want the right equipment. We don't want to be going into places when it's not absolutely necessary and critical and we want to be heard."
OMH did not provide information on coronavirus deaths among its staff. In response to an inquiry about a tip that an employee at Manhattan Psychiatric Center had died of COVID-19, spokesperson James Plastiras did not deny the fatality, but wrote: “OMH is prohibited by State and Federal privacy laws from providing protected health information.”
When asked, OMH also did not provide a breakdown of the patient deaths and positive cases by facility or county.
Based on confirmed cases, the psychiatric center coronavirus figures represent an infection rate twice that of nursing homes, and a death rate four times greater than in New York City jails, two settings that have been the focus of significant public attention, as their populations live in crowded spaces, sometimes against their will, and are often more likely to be killed by the virus.
Governor Andrew Cuomo and Mayor Bill de Blasio have each, in the face of public pressure, supported to varying degrees reducing the populations in other congregate living sites and taking stricter precautions to protect the people living in them. Cuomo has faced intense pressure to release more prisoners using his powers of clemency.
But staff and union leaders have reported "business as usual" in psychiatric centers with group therapy sessions of up to 20 people and residents gathering at mealtime in a single large dining room. Health-care workers often see patients with no protective face coverings as they continue to provide support for dozens of residents in shifts of eight to twelve hours.
"In most of the facilities patients were sitting right on top of each other," said Darlene Williams, an occupational therapist at New York State Psychiatric Institute in Washington Heights, of the group sessions that continue to meet during the pandemic. She is a 40-year veteran of the state's inpatient centers and a regional coordinator for PEF members in downstate facilities, including some of the largest in the state, like Manhattan, Bronx, and Kingsboro Psychiatric Centers.
"Somebody is going to have to die and then maybe a change will happen," she said. "I had one co-worker just tell me three days ago, 'Darlene, I don't want to die because I had to come into work.'"
In response to the outbreak, Plastiras said OMH has taken steps to ensure the safety of residents and staff, including restricting visitors except in certain cases for children, and during discharge. The agency is no longer congregating people in groups and that clinicians and staff are providing services via video and phone whenever possible, he wrote in an email to Gotham Gazette.
"OMH is taking every precaution to protect our staff and the people we serve while we continue to provide essential behavioral health services,” he wrote.
But Williams says at the Psychiatric Institute, which is attached to Columbia Presyterian, group sessions have only been reduced to no more than five patients, and that at other larger institutions in the city the sessions continue without distancing of at least six feet between individuals, as recommended by public health officials. OMH may issue directives, she said, "but that information doesn't trickle down all the way into facilities."
Protective Precautions
Workers in OMH facilities are expressing concern that they have not been given the proper protective equipment to keep themselves and the residents safe. In emails among employees at several psychiatric centers reviewed by Gotham Gazette, workers shared with one another heartbreak and extreme duress at having to work with patients who are ill and dying without personal protection.
"We were begging, begging OMH to make sure that we could wear surgical masks because we were still so close working together, employees along with patients," Williams said. She added, if it was not for Wednesday's executive order requiring masks in public at all times, "we still wouldn't be wearing masks."
In an April 7 letter to OMH Commissioner Ann Marie Sullivan, State Senator David Carlucci, a Rockland County Democrat and chair of the Senate’s mental health committee, raised alarms about conditions at an inpatient facility in Sing Sing Prison jointly operated by OMH and the state Department of Corrections and Community Supervision.
"[T]he deteriorated mental health of many of the patients in the program have prevented them from abiding with recommended hygiene practices…,” he wrote. “Despite these concerns, the Sing Sing ICP has not been provided with any hand sanitizers, cleaners, nor protective supplies."
Plastiras said OMH is working to procure and distribute personal protective equipment from available sources in accordance with CDC and state Department of Health guidance.
Staff aren't the only people in need of protective supplies, according to Williams. "The patients are also frightened because a lot of them this is their home and we're coming in and bringing in the virus. A lot of the patients are afraid, 'what will happen to me if I do get the virus?...where am I going, who is going to look after me?'" she said.
The residents of state psychiatric centers have substantial mental health factors that make it difficult for them to live on their own and meet their own daily needs. Many suffer from severe depression, delusions, bipolar disorder, and schizophrenia.
Patients may check into an inpatient facility voluntarily, but often people wind up admitted against their will after being seen in a general population hospital or other clinical setting and deemed by psychiatric doctors to be a danger to themselves or others.
Like other congregate living situations, state psychiatric centers are susceptible to unique consequences of the current coronavirus crisis. In addition to needing round-the-clock staffing, treatment for residents typically requires regular therapy, medication, and evaluation, as well as the structure and routine of life in an institution. Patients frequently have additional medical complexities that may make them more susceptible to the virus and patients may not be inclined to adhere to public safety guidelines.
"Our members, they care about this work and they want to do what's right for the patients,” said DiAntonio, the vice president of PEF. “And we recognize that there is a delicate balance between taking care of people that have high needs and that are going through real disruption, but also keeping people safe."
"One of the biggest issues we had with OMH is they made everybody ‘essential’ and refused to allow any remote working," DiAntonio told Gotham Gazette. "I've worked in facilities, I get that there are things that are hard to do from a distance. But again we are talking about a temporary situation that really may make a difference between life and death."
Plastiras said OMH is no longer holding non-essential trainings, though PEF leaders say they are still taking place. Workers are also afraid of what they have described as substandard quarantining procedures for patients who have tested positive for COVID-19.
Psychiatric wards in the past had isolation rooms for patients with infectious diseases but over the years facility budgets have been reduced and the quarantine rooms have disappeared, according to Williams, the occupational therapist at the Psychiatric Institute in Washington Heights. When a patient -- typically two to a room -- tests positive, their roommate is removed, she said, but the air is still circulated throughout the entire unit.
The union has struggled to get information on positive cases and deaths of patients and its members. "They are not openly sharing that. We finally were able to get them to make sure quarantine notices were being sent to employees if a home or location was under quarantine or there was a suspected case but for the longest time we were not getting that notice. They just started this week," DiAntonio said.
As the Times Union first reported, the New York State Correctional Officers & Police Benevolent Association has filed a complaint with the state and plans to go to court over conditions for its members working in the Central New York Psychiatric Center.
"The health and safety of our members is our number one priority. We are considering any and all actions, including legal action if necessary, to ensure their safety," wrote a PEF spokesperson, in an email to Gotham Gazette.
More Like a Hospital Than a Nursing Home
Reports from several sources indicate public health officials have treated OMH facilities, themselves hotbeds of coronavirus infection, more like overflow for overburdened city hospitals than like the homes of vulnerable populations.
According to DiAntonio, they have become overcrowded in recent weeks as hospital psychiatric units seeking to free up precious bed space for COVID-19 cases transfer to the facilities patients who cannot be discharged on their own or to a caregiver.
The Office of Mental Health did not respond to inquiries about how much the inpatient population has grown since the coronavirus outbreak began, but Plastiras said that 65 new employees had been hired in the last three weeks. The screening process for patient admissions has been "enhanced," according to Plastiras, but he did not elaborate on what the new protocol consists of.
The state Department of Health, which is coordinating the state's hospital system, did not directly respond to questions about patient transfers to OMH facilities, but a spokesperson for New York City Health + Hospitals, the city's public hospital system, confirmed that psychiatric patients that were not ready to be discharged were transferred to state psychiatric centers.
In a March 30 letter, PEF President Wayne Spence wrote to OMH Commissioner Sullivan imploring the agency to adopt a quarantine plan for patients transferred from coronavirus "hotspots" in hospitals to psychiatric centers, including isolation for the 14 days estimated to be the virus' incubation period. PEF representatives say quarantining protocols still do not include a full 14-day isolation.
On April 2, Dr. Brian Belfi, executive director of Kirby Forensic Psychiatric Center on Ward's Island, sent an email to staff saying the center would soon be taking admissions from female units on Rikers Island. "These are inmates that would have historically gone to Elmhurst which is overburdened with COVID," read the email, which was reviewed by Gotham Gazette.
Williams said there was a push by OMH to discharge patients from psychiatric centers but it was largely unsuccessful. "The movement of patients was a lot easier before the pandemic," she added. "Admissions are still happening but patients aren't going anywhere."
Meanwhile, a five-story addition to South Beach Psychiatric Center on Long Island, which was set to open this month to replace an old building damaged by Superstorm Sandy, is now being used to treat coronavirus patients and will no longer house psychiatric residents, according to Plastiras.
Element of Violence
It isn't all business as usual in the pandemic. Major disruptions in residents' routines are taking place as family visitations are cut off, favorite staff members fall ill, and off-campus movement is restricted. "It's sadder on our unit than it used to be. For a person who has been there for so many years and has seen so many things -- I've never seen anything this depressing," Williams said.
The limitations mean some required therapy sessions or family visits cannot take place, which for some is a barrier to being discharged. "We have some places where people are pissed because ‘I'm not getting out as quick’," she said.
OMH has one of the highest rates of workplace violence of any government agency. According to a state Department of Civil Service report, "patient restraint" is a leading cause of workers' compensation incidents, accounting for roughly 9 percent of the total in fiscal year 2019. The report says the job titles with the three highest workplace incident rates were Correction Officer, Direct Support Assistant, and Mental Health Therapy Aide. The two facilities with over 500 employees that had the highest rates were Mid-Hudson Psychiatric Institute and Bedford Hills Correctional Facility.
Williams says physical altercations are not uncommon in inpatient psychiatric settings, but the current strain on daily life may push it to extremes. "It puts staff and our patients at risk because now violent outbursts can happen" more easily, she said.
"I think that's also probably one of the reasons that OMH is so resistant to changing things that might keep employees and patients safer because they do worry that too many changes will create more problems," said DiAntonio, the union vice president. "However...I think there are a lot of things that are in between having no services and having services provided in an alternative way."
"Radio Silence"
Inpatient psychiatric centers have gone entirely unmentioned in the daily briefings held by Governor Cuomo and Mayor de Blasio, where they’ve fielded many questions about other vulnerable populations, including those in nursing homes and correctional facilities.
"In the realm of this specific branch of healthcare delivery it just feels like there's radio silence from providers, from the press, and just I think the general public awareness," said Dr. Julia Eilenberg, a psychiatrist who runs a private practice in Rhinebeck, New York.
"I have a patient who I just spoke to today who is profoundly depressed," she said. "And I'm trying so hard to keep her from needing to be admitted somewhere because I just don't know enough about where it would be safe from an infectious disease standpoint for her to go."
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by Ethan Geringer-Sameth, reporter, Gotham Gazette
@GeringerSameth @GothamGazette
State Senator Michael Gianaris (photo: Senator Michael Gianaris/flickr)
April 15, 2020 - Max & Murphy Podcast: Senator Michael Gianaris on 'Canceling Rent' & State Senate Priorities
State Senator Michael Gianaris, a Queens Democrat who is the Deputy Majority Leader of the Senate, joined the show to discuss his push to "cancel rent" amid the onset of the coronavirus recession, other measures he wants to see government take in the face of the crisis, and his reflections on the recently-passed state budget.
Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy," and listen to Max & Murphy live on Wednesdays at 5 p.m. on WBAI radio, 99.5FM or wbai.org.
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by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Gov. Cuomo appears interested in seeing the demise of New York's smaller political parties (photo: New York Democratic Party)
Included in the bills to approve a state budget for the new fiscal year beginning April 1 was the creation of a new campaign finance system with a public-matching program, lower individual contribution limits, and various other changes to campaign finance law. But the controversial inclusion of changes to ballot thresholds could prove to be a poison pill, not for the law but for the several minor political parties that operate in New York’s electoral system.
The new thresholds to secure an automatic ballot line will be daunting for most, if not all, minor parties in the state, considering their showing in recent elections for governor and president. Other than the Democrats and Republicans, only the Conservative Party has been able to consistently garner the number of votes the new thresholds would require to ensure a party can easily nominate candidates for offices across the board for years at a time.
The new campaign finance system and ballot access laws were first put into place in December based on the binding recommendations of a commission created in last year’s budget deal. But that law was struck down by a New York Supreme Court judge who ruled that only the Legislature was constitutionally authorized to create or amend state law, leading to the Legislature voting the commission’s recommendations through in the state budget, with support from Governor Andrew Cuomo.
One of the more controversial aspects of the law is the amendment of political party ballot access provisions. Previously, in order to gain an automatic ballot line, a political party had to have its nominee for governor receive 50,000 votes each four-year cycle. The new law significantly increased that requirement to 2% of votes or 130,000, whichever is greater, every two years, in gubernatorial and presidential elections.
Additionally, statewide candidates seeking to get on the ballot must gather 45,000 petition signatures from registered voters, up from 15,000 previously.
The new thresholds go into effect this year, meaning it will be in play for the upcoming November presidential election, while the broader public financing program won’t begin until after the November 2022 statewide election, when Cuomo is expected to seek a fourth term.
Those changes were exactly what minor parties like the Working Families Party, Conservative Party, Green Party, Independence Party, and Libertarian Party had feared when the state commission was set up last year to look at campaign finance law. They worried that Cuomo, in an attempt to thwart the third parties, especially the Working Families Party (WFP), that had so often been a thorn in his side, was seeking to undermine the state’s constitutionally-protected system of fusion voting, which allows candidates to appear on the ballot under several party lines. The system gives minor parties some additional measure of political influence, as candidates seek their endorsement, and therefore the ability to steer issues in the state Legislature and elsewhere.
The WFP and Conservative Party sued, citing the commission’s lack of authority, and won. But the Legislature passage of the bill made their victory moot, though the WFP has promised to sue yet again.
Minor Party Enrollment and Recent Performance
Garnering 130,000 votes isn’t a heavy lift for the two major parties, Democrats and Republicans, but the new requirements could mean that minor parties will lose their ballot lines, and with it, much or all of the prominence they hold in the state’s political arena. The ballot requirement is the strictest across the country. No other state requires that a party qualify for ballot status every two years, and other populous states have over time eased party ballot access rather than make it harder.
Along with the two major parties, six smaller parties secured enough votes via their 2018 gubernatorial candidates to have automatic ballot lines for 2019 and 2020. Though party enrollment is not necessarily a determining factor, since voters can cast a ballot on any party line in a general election, some parties do have more dedicated voters. According to state Board of Elections data, as of February 21 this year, the Conservative Party had 159,612 enrolled voters; the Working Families Party had 46,043; the Green Party had 28,301; the Libertarian Party had 14,880; the Independence Party had 483,870 voters; and the newly-created Serve America Movement Party had 349.
In the 2018 statewide election, Cuomo (and his running-mate, Lieutenant Governor Kathy Hochul) received 114,478 votes on the Working Families Party ballot line, the result of yet another reluctant compromise between Cuomo and the WFP after a bitter primary fight. With more than 6 million votes cast that year, a 2% threshold would have been about 122,000 votes, meaning under the new law the higher 130,000 threshold would apply and the WFP would have lost its ballot line.
Other parties would similarly have suffered. Howie Hawkins of the Green Party received about 104,000 votes, Larry Sharpe of the Libertarian Party got about 95,000 votes, and Cuomo received about 68,000 votes on the Independence Party line. The Serve America Movement Party just won the automatic ballot line by getting 55,441 votes with former Syracuse Mayor Stephanie Miner as its endorsed gubernatorial candidate. Only the Conservative Party, which saw its nominee, Republican Marc Molinaro, garner 253,000 votes, would have hit the magic number of the new threshold.
“Governor Cuomo claims that now is not the time for politics — yet behind closed doors he is blocking voters from supporting minor parties and the values they stand for,” said Sochie Nnaemeka, director of the New York Working Families Party, in a statement. Nnaemeka was not made available for an interview. “At a time when many Democrats are calling for fair and open elections, the Governor has made New York the most hostile state toward third parties in the entire nation. When he created a commission to wipe out third parties we sued and won. We feel as strongly now as we did then that the law is on our side — and we will win again in court."
Recent Presidential Elections
Given that the new thresholds go into effect this year for a presidential election -- and one that is expected to see enormous turnout (though the coronavirus outbreak could impact that prior assumption) -- recent such contests in New York may be instructive for how minor parties will fare this fall in securing an automatic ballot line for the next two years, which will include the 2022 gubernatorial election.
In the 2016 general election, for example, there were 7.8 million votes cast in New York, which would have set the new ballot threshold at over 156,000 votes. That year, Donald Trump received 292,392 votes on the Conservative Party line; Hillary Clinton got 140,043 votes on the Working Families Party line; Green Party nominee Jill Stein received 107,935 votes; Libertarian Party nominee Gary Johnson received 57,438 votes on that line, and another 119,160 votes on the Independence Party line; ; and Clinton received just 36,292 on the Women’s Equality Party line (the WEP lost its ballot line after receiving few votes nominating Cuomo in 2018).
Therefore, using the new thresholds, only the Conservative Party would have retained its automatic ballot line.
In the 2012 presidential election, with more than 7.1 million votes cast in New York, the bar under the new threshold would have been closer to 142,000 votes. Mitt Romney received 262,371 votes that year on the Conservative Party line; Barack Obama received 148,119 votes on the Working Families Party line; Green Party nominee Jill Stein got 39,982 votes; and Libertarian Party nominee Gary Johnson got 47,256 votes. There were also two minor parties whose presidential nominees barely received any votes – Peta Lindsay received 2,050 votes on the Party for Socialism and Liberation line and Virgil Goode received 6,274 votes on the Constitution Party line. Using the new thresholds that go into effect this year, the Conservative and Working Families Parties would have kept their ballot lines.
2014 Election for Governor
In the 2014 New York gubernatorial election, there were only 3.9 million votes cast so the threshold would again have been 130,000 votes. Conservative Party nominee Rob Astorino received 250,634 votes on that ballot line; Cuomo got 126,244 votes on the Working Families Party line; Green Party nominee Howie Hawkins got 184,419 votes; Cuomo received 77,762 on the Independence Party line; Libertarian Party nominee Michael McDermott got 16,769 votes; and the Women’s Equality Party, then newly created, got 53,802 votes on its line nominating Cuomo, who created the party in that year’s attempt to hurt the WFP. The Sapient Party nominated Steven Cohn and got 4,963 votes and Astorino received 51,492 votes on the Stop Common Core Party line that he and his allies created that year (though it met the 50,000-vote threshold at the time, it was taken over by political operatives that then turned it into the Reform Party, but that party then failed to keep the ballot line via the 2018 election).
Based on those numbers, the Conservative and Green Parties would have kept their ballot lines under the new system set to go into effect this year.
Who Will Survive
Based on past results, only the Conservative Party looks strongly poised to survive the new rules, though much will depend on how the parties are able to rally voters around the new ballot thresholds.
In 2018, the Conservative Party received those 253,000 votes with Molinaro and Julie Killian running for governor and lieutenant governor on its line. “We really never in our party's history dropped below what these numbers would be,” said Jerry Kassar, chair of the New York State Conservative Party, in a phone interview.
But nevertheless Kassar opposes the new thresholds on principle. “People may say, ‘Well the Conservative Party benefits from this party or that party not being there.’ We're a part of a third party movement. We're not looking to see any political parties that were established disappear.”
He also worried that in creating the new thresholds, the Legislature allowed the governor to chip away at the fusion voting system without directly attacking it and set a precedent that will allow a slow creep over the rights of minor parties. But, he predicted that it could blow up in the governor’s face, particularly if the WFP survives the “life or death struggle” it faces.
“The governor is starting to play a game of chicken or a game of Russian roulette, I should say, with the third parties,” Kassar said. Cornered animals, he said, “have no choice but to fight back in as vicious a manner as they can and I think that's what he's created with many of these third parties.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
A nearly-empty State Senate Chamber as business is conducted amid coronavirus outbreak (photo: NY Senate)
If New Yorkers take Governor Andrew Cuomo’s word for it, the new $177 billion budget approved last week will “deliver results” for the people of the state and was a far cry from a “bare minimum” spending plan at a time when the state’s finances are racked by the effects of the coronavirus pandemic. But within his own Democratic Party, which controls both houses of the Legislature where the plan was passed, the budget is a highly unpopular document that to many legislators fails to live up to the needs and priorities of New Yorkers.
"This is a moment in history unlike any other, and government needs to function and deliver results for the people of this state now more than ever — and that's exactly what we did with this budget," Cuomo, now in his third term, said in a statement last Thursday, after announcing the highlights of the budget agreement with the Legislature, which included a wide variety of policy and fiscal decisions.
Cuomo cited a number of policies that were passed, including a paid sick leave bill, legalizing gestational surrogacy, creating a new felony for hate crimes considered acts of ‘domestic terrorism,” banning gender-pricing disparities known as the “pink tax,” creating new regulations on vaping and e-cigarettes, establishing a $3 billion bond act for environmental restoration and climate mitigation projects, among others.
Senate Majority Leader Andrea Stewart-Cousins similarly touted some of the same and other accomplishments, such as new controls of prescription drug prices, easing access to public assistance, bolstering unemployment insurance by $1 billion, and preventing huge cuts to education spending, and more -- but she also sounded a bittersweet note.
“This is not the budget we had hoped to pass at the beginning of Session, or even the budget we had envisioned just a month ago,” she said in a statement after the budget passed. “Our state’s financial situation has been thrust into a true economic crisis due to the coronavirus pandemic. Yet even in this crisis we managed to achieve a balanced budget that includes victories for the people of New York.”
Assembly Speaker Carl Heastie boasted about environmental protection legislation, new gun control measures, the expansion of paid sick leave and particularly investments in higher education. “In these challenging and uncertain times, education and upward mobility have never been more important. That is why we fought relentlessly to ensure the preservation of critical funding for the programs New Yorkers count on to climb the economic ladder,” he said in a statement.
But the vote totals on the various budget bills and some of the floor speeches by Democratic legislators told a different story than the three people in ‘the room.’ An usually large number of Democratic lawmakers showed their displeasure with the fact that several progressive priorities were left out or modified, and chafed at some of the spending and tax decisions.
Recreational marijuana was not legalized. Bail reforms implemented just three months ago were rolled back. Renters suffering from the economic devastation of the coronavirus were not given any relief. Hospital funding was cut. A plan to reduce homelessness was again shelved. No new taxes on the wealthy were approved. Funding for public housing was not bolstered. School aid remained flat.
[Read: 10 Major Proposals Not Included in New State Budget]
This is the only the second year in Cuomo’s long tenure that Democrats have controlled both chambers of the state Legislature, after a decade of a Republican-led Senate and Democrat-dominated Assembly. Last year saw a raft of progressive bills across a range of issues: criminal justice reform, tenant protections, voting reform, women’s reproductive health, gun control, LGBTQ rights, environmental preservation, to name a few. So it wasn’t surprising that many Democrats, particularly in the 150-seat Assembly where they hold an overwhelming majority, were frustrated by the budget. What was unusual, though, was the number of "no" votes.
There isn’t one singular budget vote, but rather several appropriation bills that lawmakers vote on separately related to state operations, aid to localities, the legislature and judiciary, debt service, and capital projects. Then there are the Article VII Bills, grouped under four categories: Public Protection and General Government (PPGG); Education, Labor and Family Assistance (ELFA); Transportation, Economic Development and Environmental Conservation (TED); and Revenue. They often include major policy decisions.
The votes varied but it was clear that a sizable number of Democrats were displeased. The ELFA bill, which contained the bail reform changes and included Medicaid overhaul provisions, barely squeaked through the Assembly, where it received 76 “yes” votes to 66 “no” votes, meaning it received the bare minimum number of votes to pass the chamber. It passed the 63-seat Senate 35-26. The TED bill was also a somewhat close vote in the Assembly, where it was approved 81-60, while the Senate passed it 39-22. There are 105 Democrats in the Assembly, and 40 members of the Senate Democratic conference.
In past years, Assembly Democrats voted in lock-step and near-unanimity to pass budgets agreed upon by the governor and legislative leaders, who typically conference major aspects of the compromises as they develop to ensure that most if not all members are on board. This year, however, a number of Democrats voted against key portions of the deal reached among Democratic leaders and didn’t hold back how they feel about the budget, even as some admitted that they voted for it despite the flaws they saw in it.
Assemblymember Aravella Simotas, a Queens Democrat who voted against the ELFA, TED and revenue bills, criticized the lack of new revenue raisers in the budget, the watering down of bail reform, cuts to healthcare and the underfunding of school aid, among other issues. “Decades of underfunding our most vital human services so the wealthy could get by without paying their fair share brought us to this point,” she said in a public statement.
Assemblymember Yuh-line Niou, a Manhattan Democrat, similarly voted against the ELFA and TED bills. “In the recovery that must come after this crisis, what we need is not the cuts proposed by our governor but strong investments in our infrastructure and the public assets that could have mitigated this crisis had we only been willing to fund them previously,” she said as she explained her vote on the Assembly floor (the video of her remarks has been circulated widely on social media among progressives). “This budget, this values document, makes a terrible statement that we value big businesses and profits more than we value people, our people, the people of this state, and that is simply not who we are.”
Senator Brian Benjamin, also a Democrat from Manhattan, conceded that he was faced with impossible competing priorities. “I had 3 choices: a) vote yes for a negotiated budget where the Legislature has limited power; b) vote no and accept the Governor’s extender; or c) vote no on both and shut down the Govt. As a leader of the Senate, I took the hard vote and voted yes so others didn’t have to,” he tweeted on April 4.
If the government shut down, state employees would have gone unpaid during the outbreak, Benjamin noted. And he refused to cast a symbolic “no” vote to express his anger. “The ultimate lesson here is that the Senate and the Assembly have to work together and address our important nonbudgetary concerns BEFORE the budget process because if we don’t then the Governor has outsized power to address the issue and we will end up in this place again,” he added.
Senator Roxanne Persaud, a Brooklyn Democrat, professed a similar ambivalence in a statement to her constituents, noting that the final budget shows the “numerous tremendously difficult decisions” the Legislature had to make during the current crisis. “While I am not pleased with a number of final agreements contained in the thousands of pages of legislation, I am confident that my colleagues and I fought our hardest to deliver a balanced budget that mitigates some of the toughest possible outcomes,” she said.
In the days leading up to the budget deal, Assemblymember Robert Carroll, also a Brooklyn Democrat, wrote an op-ed asserting that negotiations were focused on the wrong priorities, calling for holding off on most policy decisions and passing a robust coronavirus relief agenda including a rent freeze and funded in part by higher taxes on top earners.
During a Wednesday interview on the Max & Murphy podcast, Queens State Senator Jessica Ramos criticized the bail rollbacks, hospital funding cuts, and other aspects of the budget deal in explaining her votes against pieces of it. She also lamented a lack of new revenue-generating measures, and connected what she sees as long-standing patterns of too-little investment in communities like she represents -- largely low-income and immigrant -- to the depth of the current coronavirus crisis.
"That’s why I’m so disappointed in the budget and why I voted 'no' on a few of the bills," Ramos said, "and I’m really hoping that we’re canceling rent soon, especially as May begins, and to figure out what the bailout looks like because every single New Yorker deserves the opportunity to be able to thrive after this calamity.”
“This is not a budget that anybody should be celebrating,” said Senator Andrew Gounardes, another Brooklyn Democrat, in his own public statement, though he did not vote against any bills. He pointed out that the budget was two days late, leading to delayed paychecks for state workers. If there had been any further delay, he said, New Yorkers waiting for unemployment checks from the state government would have continued to suffer.
Gounardes continued, “This is a budget that cut state spending by $5.7 billion, including more than $1 billion in healthcare at a time when our health network is working overtime to keep people alive. This is a budget that ignores the moral imperative to tax the ultrawealthy, raising the revenue we need to stave off cuts to critical services. This is a budget that failed to invest in our public higher education system, when it was needed most.”
Gounardes cited the same issue that Benjamin raised, as did Senator Zellnor Myrie, a Brooklyn Democrat, that the state budget process places far too much power in the governor’s office.
Myrie, who outlined the good and bad in the budget, said in a public statement to his constituents, “You should know that the budget process is constitutionally flawed. The Executive has enormous control over the agenda and the Legislature is often left with a "take it or leave it" proposition. During a pandemic, this imbalance is magnified. Under these conditions, the Leadership was faced with the prospects of shutting down the government during a public health crisis, or, accepting a flawed budget. They made the excruciatingly difficult decision to accept a flawed budget.” He noted that he nonetheless voted “no” on bills that contained provisions he did not agree with, including the cuts to Medicaid spending for hospitals and the bail reform rollback.
In a fiery speech on the Assembly floor, Bronx Assemblymember Michael Blake invoked the history of slavery, emancipation and the civil rights movement as he critiqued the watering down of bail reform, urging his colleagues to join him in voting “no.”
“It’s in this moment that we must truly ask ourselves what is more important, rushing to vote on a budget when many of us are afraid of being paid for a day or rushing to lock up more black or brown folk who get paid cents in a day?….For students, our seniors, our humans behind bars, this budget bill is not justice, it is the justification of continuing 401 years of injustice,” Blake said.
Other "no" votes by Democratic legislators on at least one budget bill included Senators Alessandra Biaggi, Gustavo Rivera, and Julia Salazar, as well as Assemblymembers Harvey Epstein, Jeff Aubry, Charles Barron, Catalina Cruz, Carmen De La Rosa, Mathylde Frontus, Nathalia Fernandez, Ron Kim, Joe Lentol, Walter Mosley, Danny O'Donnell, Felix Ortiz, Dan Quart, Jo Anne Simon, Latrice Walker, and Tremaine Wright.
Republicans, meanwhile, still made up the vast majority of "no" votes in both houses. They were incensed that the budget was not a bare bones spending plan and that Democrats advanced a slew of non-revenue legislation. Most also wanted to see the changes to last year's bail reforms go further in the other direction.
“During unprecedented times that demand a concentrated focus, [the] state Majority rushed out a cluttered state budget that offered nothing of the kind,” said Assembly Minority Leader Will Barclay, in a statement on the budget. “Concocted behind closed doors and advanced under the cover of darkness, the state’s final spending plan drifted too far from our current crisis and was entirely bogged down by misguided political policies.”
He added, “Assembly Majority rejected a Minority proposal to help small businesses and employees, but they extended tax credits to Hollywood studios. As restaurants everywhere are forced to close their doors, Majority politicians added more regulations that stifle growth and cut deeper into the industry’s bottom line. The appropriate time to discuss taxpayer-funded campaigns, gestational surrogacy or criminal justice reforms is in the light of day, with an open debate and transparent process.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
Gov. Cuomo votes, in person (photo: Kevin P. Coughlin/Governor's Office)
Governor Andrew Cuomo announced on Wednesday that he will use his executive authority to allow all New Yorkers to vote by absentee ballot for the June 23 elections, to prevent long lines at the polls that could put people at risk of being exposed to the coronavirus. Elections that day will include party primaries for many seats and special elections open to all voters within the relevant districts.
“I've seen lines of people on television voting in other states. This is totally nonsensical,” Cuomo said at his daily coronavirus briefing on Wednesday, taking stock of presidential primary elections that have continued in other states. “God bless them for having such diligence for their civic duty that they would go stand on a line to vote. People shouldn't have to make that choice and, by executive order, all New Yorkers can vote absentee on the June 23 primaries coming up.”
New York’s presidential primary was originally scheduled for April 28 but the governor moved it to June 23, to coincide with the congressional and state primary elections. Two special elections in New York City, for a Brooklyn City Council seat and Queens Borough President, were also rescheduled for that date, as well as several special elections in other parts of the state.
There is no Republican primary for president after the party cancelled it since President Donald Trump is the only who made the ballot. There’s also a possibility that the Democratic primary could be scrapped, according to a City & State report, since Vermont Senator Bernie Sanders suspended his campaign and former Vice President Joe Biden is now the presumptive nominee.
But, there are a variety of hotly-contested primaries still set to take place in June, as well as the aforementioned special elections.
The April 9 executive order from Cuomo suspends a portion of state election law and modifies it "to provide that due to the prevalence and community spread of COVID-19, an absentee ballot can be granted based on temporary illness and shall include the potential for contraction of the COVID-19 virus for any election held on or before June 23, 2020."
It also says that only for elections on or before June 23 of this year, election law is "modified to allow for electronic application, with no requirement for in-person signature or appearance to be able to access an absentee ballot."
Currently, state law only allows an absentee ballot for certain reasons: if a voter is expected to be absent from New York at the time of an election; if they’re unable to vote because of a temporary or permanent illness or disability; if a voter is the primary caregiver for someone who is ill or disabled; if an individual is a resident or patient of a Veterans Health Administration Hospital; or if a voter is in jail waiting for a Grand Jury decision or in prison after being convicted of a non-felony offense.
Cuomo’s order is set to open up the process, though it still relies on voters requesting an absentee ballot, falling short of the full vote-by-mail system that some want to eventually see whereby all voters are sent a ballot without having to take any action besides registering to vote and keeping their current address on file with the appropriate elections entity.
With New Yorkers being encouraged to stay at home short of an emergency and absolutely essential activities, there are ways to get an absentee ballot application without visiting a Board of Elections office.
Voters can obtain an absentee ballot application online from the state Board of Elections, in English and Spanish. The New York City Board of Elections also provides forms in Chinese, Korean, and Bengali.
Voters can also request an absentee ballot by mailing a letter to their local board of election, which must receive the request no earlier than 30 days and no later than seven days before the election. So, the earliest voters can request an absentee ballot for the June elections is May 24, which in part allows time for ballots to be finalized. And for this June’s elections, the letter or an application must be postmarked by June 16 the latest.
New York City voters can also request an application by calling 1-866-VOTE-NYC (1-866-868-3692). The city BOE will then mail the voter a postage-paid application. All voters can designate someone else to pick up an application and absentee ballot if they have a valid reason for not being able to do so personally.
June 22 is the last day to file an absentee ballot application in person or postmark an absentee ballot by mail. If another individual is designated to file the ballot, they must do so by June 23. A mailed ballot must be received by June 30 in order to count.
With the change in election dates, voter registration deadlines have also changed. To vote in the primary, an individual must postmark a registration application by May 29 – it has to be received by the BOE by June 3. May 29 is also the last day to register in person at the BOE offices. A change of address will be processed if the BOE receives it by June 3.
Since New York holds closed primaries, only those voters who have designated a political party on their voter registration can cast a ballot in that party’s primary. The deadline for changing party affiliation, however, was February 14.
It’s also important to note that while election day for June is Tuesday the 23rd, there will be an early voting period from Saturday, June 13 through Sunday, June 21. No modifications to in-person voting have been announced at this point.
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
Note: this story has been updated with the language from Cuomo's relevant executive order.
(photo: NY Senate Media Services)
April 08, 2020 - Max & Murphy Podcast: Senator Jessica Ramos on Coronavirus in Queens & the New State Budget
State Senator Jessica Ramos represents a Queens district hit especially hard by the coronavirus pandemic; she joined the show to discuss its impact on her constituents, how the city and state have responded, and the recently-passed state budget that was greatly impacted by the economic fallout of the outbreak.
Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy," and listen to Max & Murphy live on Wednesdays at 5 p.m. on WBAI radio, 99.5FM or wbai.org.
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by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Coronavirus has shifted Census efforts (photo: Michael Appleton/Mayor's Office)
The New York Public Library had set up dedicated chromebook computers that only connected to the 2020 Census website. The Brooklyn Public Library prepared “mobile units” of internet-connected tablets that could be dispatched to community centers and groups. Outreach employees from the Northern Manhattan Improvement Corporation (NMIC) and SOMOS Community Care were starting to canvas areas of upper Manhattan to help passersby understand the benefits of participating in the once-a-decade count, and collect pledge cards to follow up with people.
The Boro Park Jewish Community Council had used some of the money it received from the city’s Complete Count Fund to buy a “censusmobile” — a van covered with messages in English and Yiddish and outfitted with computers that would drive around the heavily Jewish area of Brooklyn, letting residents learn about and even complete the Census.
Now, the libraries and community centers are closed, the mobile units and the canvassers are staying inside, and the censusmobile is parked and unused as the Jewish Community Council has shuttered its main office.
The arrival of the novel coronavirus, COVID-19, has quickly upended life around the globe, and the multifaceted outreach operations for the crucial decennial count of every person and household in the United States have not been exempted. Every level of government, nonprofits, corporations, and community organizations have all had to significantly shift their strategies in response.
This has meant partly toggling to established digital tools like phone- and text-banking, facilitated by the New York City census office, which has had robust funding and outreach plans that have been shifted amid the outbreak. María Guzmán-Colón, the census manager at NMIC, said that with the nonprofit’s outreach staff grounded, most of those operations were being done via text, with “a list that [the city] provides for us as well as a list that we provided of our contacts, and people that we had gotten pledge cards from” before in-person operations stopped.
But many organizations have also been striving to think outside the box. “We've kind of felt that [text-banking] is an inefficient way of reaching people,” said Howard Shih, research and policy director at the Asian American Federation. “You can't really figure out if the number you're texting is somebody that is ‘hard to count.’”
Instead, the Asian American Federation has been focusing on identifying where hard-to-count communities already are online and reaching them there. “In the Korean community, KaKaoTalk is heavily used. For mainland Chinese, it's WeChat…I live up here in Westchester, and I know that there's a specific WeChat group for Westchester Chinese to trade information and resources,” said Shih. “We kind of have to find a person that's already in that network to be our champion.”
The strategy of reaching community influencers and enlisting ordinary New Yorkers to contact those they are still able to reach has become a centerpiece of the new census game plans. “You can make a poster at home if you have the materials, drop it off at your local bodega, and encourage them to put it up, because they are still open, and they are still community centers for a lot of people,” said Meeta Anand, the New York Immigration Coalition’s 2020 Census senior fellow. “I've been saying ‘think big but act small.’ And by that I mean, if you live in a building, write a note to the residents of your building. If there's a church or a mosque you go to, reach out to the leader and see if they're willing to include census messaging in however they're reaching out to their congregants.”
The main idea behind these pushes is that, as New Yorkers stare down what could be months of social distancing, they will not stop seeking community, and will find that community either in very specialized groups online or in hyperlocal spaces. Getting census messaging to influential people who are in these spaces then lets the word keep trickling out. “Instagram Live is becoming a huge space,” said Anand. The New York Immigration Coalition has been encouraging people to make videos of themselves filling out the Census, and “create them in their language, send them around. We’re asking anyone who might know any influencer at all, at any level, to create such a video,” Anand said.
Shih called it a “period of experimentation” for community organizations trying to do outreach. “People still want to connect socially, right? They just have to do it in a socially-distant way. The challenge for us is, people are adjusting their behaviors now, and they really haven't settled into a specific pattern of behavior so that we can actually figure out where people are getting their information, where people are keeping in touch with their loved ones. So we just have to try to pay attention, have discussions, and figure out what's been working,” he said.
Many of these organizations are still service providers, after all, and still being sought out for advice and support on matters of housing, employment, immigration, and other community concerns. They are responding to this need with virtual town halls or Q-and-A sessions on Facebook or other digital tools, and can use these opportunities to convey the importance of the Census, which determines many billions of dollars in funding every year, a state’s representation in Congress, and much more.
Once people have been convinced to complete the Census, there’s the question of where they do it. While there’s been much discussion around the U.S. Census Bureau’s efforts to shift the count mostly online — a strategy that community groups worried would exclude hard-to-count communities with inconsistent access to broadband internet and the hardware to use it — a separate, little-noticed innovation has actually proven auspicious: the ability to fill the Census form out by phone.
“That was already in place, luckily, so when we reach out to folks at home, if they don't happen to have a smartphone, or if they don't have a laptop, or there's some sort of technical gap, there is the phone option,” said Guzmán-Colón.
“The online option does pose a challenge for certain groups,” said Anand. ”And it's true that our way of overcoming that challenge was going to be ‘go to the library,’ which doesn't work so much anymore. So, we are encouraging people who want to fill out the census to do it over the phone.”
The system is available in 13 widely-used languages, including English, Spanish, Chinese (Mandarin and Cantonese), and Arabic. The organizations that Gotham Gazette connected with all said the system appears to be working well, with the only gripe being slightly longer wait times for languages other than English and Spanish.
Though the pandemic has blown up outreach plans, there are some silver linings. For one, it provides a ready-made opportunity to relate the Census directly to New Yorkers’ lived reality, as its data is what ultimately undergirds the government’s response. “Every time they say we need 100,000 ventilators, that's based on the fact that there are X number of people in New York City, and their models are predicting how many people are going to be infected based on that information…If you're at home feeling powerless, here’s something that you can do right away that'll have an impact on the community,” said Shih of the Asian American Federation.
Moisés Pérez-Martínez, vice president of workforce, community and government relations at SOMOS Community Care — a healthcare network with 2,500 providers across Brooklyn, Manhattan, Queens, and the Bronx — said that providers are emphasizing that filling out the Census early is a great way to avoid further mailings and in-person visits. “We tell them, ‘the Census will go knock on your door if you don't respond to it, and if you don't want that for whatever reason, fill out the Census and they won’t come,’” he said.
“[The count] determines health care funding, it determines funding for first responders, it goes into decisions as to where hospitals are going to be based,” said Anand. When the organization has run its text-a-thons, she said that some community members had expressed annoyance, saying there were bigger concerns right now than the Census. She responds by saying she understands it’s a tough time for everyone, but it doesn’t help to hamstring the country’s ability to respond to such crises.
Health-related groups like SOMOS have unexpectedly found themselves in a unique position to continue raising census awareness, as one of the few types of community organizations that not only haven’t shut down but are even more present in people’s lives. “Every single day, in every single medical practice, there's a different audience,” said Pérez-Martínez. The organization actually filmed short information videos about the count, featuring its doctors, which play in waiting rooms alongside other announcements.
The varied strategies have yet to coalesce into a clear unified agenda, though Shih said that community groups around New York are constantly sharing tips, experiences, and best practices. In the meantime, New York City’s self-response rates have been low but still relatively encouraging given the city’s 2010 rates. As of April 4, only a few weeks into the count, the city’s self-response rate was 33.4%, while it was 38.3% for the state, and 43.9% across the country, according to the CUNY Mapping Service's census project. In 2010 New York City’s self-response rate finished at just 62%, compared to 76% for the country.
“We're lagging. That's not surprising,” said Anand. “We’ve always had an uphill battle in New York, and being at the epicenter of COVID-19, that makes the uphill even steeper. But I think what we will see is, once we get through an initial phase of people figuring out how they're going to provide services, what does this new world look like, more and more organizations are going to be able to get that census messaging out and we will start seeing a change in the response rates. New Yorkers have pulled together before. And we're pulling together now, we just have to do it six feet apart from each other.”
[Read: City Reconfigures 2020 Census Efforts in Response to Coronavirus - and Reports Good Initial News]
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by Felipe De La Hoz, Gotham Gazette
@FelipeDLH @GothamGazette
Gov. Cuomo & legislative leaders (photo: Mike Groll/Governor's Office)
Amid the unprecedented public health crisis presented by the coronavirus pandemic, Governor Andrew Cuomo and the state Legislature managed to cobble together a $177 billion state budget, though slightly past its deadline, which contains a raft of legislation on criminal justice, environmental protection, public health regulation, campaign finance reform, women’s reproductive rights, election administration, gun control, and more.
But the budget session became particularly harried, and focused in large part on the implosion of the state’s fiscal condition given an expected $10-15 billion less in tax revenue than expected. There were days of suspension as several lawmakers themselves tested positive for the new coronavirus, COVID-19, and individuals, including state employees, were being encouraged to shelter at home to avoid exposure.
But Cuomo, a third-term Democrat, and the leaders of the Legislature’s two Democratic majorities, continued to negotiate and came to agreement on a wide variety of policies and spending plans. Yet, many policy priorities held by Cuomo or by legislators were abandoned, and with the post-budget legislative session in limbo, may not be taken up at all this year.
[Read: 10 Ways the New State Budget Impacts New York City]
Marijuana Legalization
Legalizing recreational adult use of marijuana has been on the Democratic agenda for years but despite the party gaining control of both chambers of the state Legislature last year, it failed to pass. Governor Cuomo, who once called it a “gateway drug,” said that it was one of his top priorities this year as both a criminal justice reform and an economic boon that could raise $300 million in state tax revenue annually. But he repeatedly insisted that it must accompany the passage of the state budget, and could not be done otherwise.
Ultimately, the bill failed again, and the governor continues to say that it’s unlikely to pass in the remaining days of the legislative session. “We're not going to get there. I don't believe we get there,” he said of legalization, in a March 31 interview on WAMC radio with host Alan Chartock. “I don't believe we get there because in truth that is something that had to be talked through and worked through and the Legislature wasn't here. I was doing this COVID virus. That requires time to do it right, Alan, you know, that is not a yes-no. That's a ‘How does it work? How about the police? How many licenses? Who gives out the licenses? How do you do minority empowerment? How do we coordinate with Connecticut and New Jersey?’ And no one has really had the time to work those things through. So I don't think we get there on that.”
Gig Economy Protections
Another top priority for the governor this year, which he mentioned in his State of the State speech in January, was establishing protections for workers in the gig economy. There have been several bills already proposed in the state Legislature, particularly modelled on California’s AB5 measure, which uses an ABC test to determine worker classification so companies cannot withhold benefits to individuals by misclassifying them as independent contractors instead of employees.
New York City has already passed legislation, like the groundbreaking Freelance Isn’t Free Act in 2017 that tightens payment requirements and a minimum wage for for-hire vehicle drivers, to ensure some level of protections for freelance and gig workers. But the state again failed to take action this year, and the governor has also indicated that the issue may be too complicated to pursue with the time left in the legislative session.
Rent Relief
Amid the coronavirus fallout there was a quickly growing clamor for the state to take action providing rent relief to struggling tenants, but no action was taken in the budget. Entire industries have come to a standstill across the state and in New York City, home to a majority of renters and with a higher cost of living than other parts of the state, residents have been devastated by the economic consequences.
Though the governor placed a moratorium on evictions for 90 days, people in the city who have lost their income have had few alternative means to cover the high cost of rent, utilities, and other miscellaneous costs -- especially given that federal money to individuals and families from the most recent ‘stimulus’ bill has not arrived yet, and some number of low- and moderate-income individuals don’t qualify nonetheless.
The governor has provided few answers about how he intends to solve the issue, which could lead to a crisis of evictions, and even potential homelessness, once the moratorium is lifted. Repeatedly asked about rent relief, he has pointed to his eviction moratorium and said rent could be looked at down the road.
Education Aid Changes and Charter Schools
The state sends billions of dollars in Foundation Aid every year to struggling school districts to meet their obligations under the state constitution. But education advocates have called for billions more, insisting that the governor is refusing to abide by the funding formula set by the Campaign for Fiscal Equity state court decision in 2006, which requires the state to provide funding for a “sound basic education” for all students.
Cuomo instead has said that formula is outdated and had proposed to establish a new “Education Equity” formula which would send more money to poorer districts and schools, but would not have significantly increased overall Foundation Aid. Some budget watchdogs have also supported that effort.
But, with the state’s finances in dire straits because of the coronavirus and widespread opposition in the Legislature, Foundation Aid was essentially flat this year and the governor did not impose his new proposal.
Cuomo also wanted to increase the cap on charter schools in New York City, which was hit last year, but his attempt to allow new charter licenses did not come to pass.
Home Stability Support
Over the years, Queens Assemblymember Andrew Hevesi has repeatedly advocated for his Home Stability Support bill, which would increase the value of rental assistance vouchers provided to families and individuals on public assistance who are at risk of getting evicted or becoming homeless. Housing advocates and experts say it would be one of the strongest legislative measures to combat the state’s homelessness crisis that has persisted for years, and the proposal has gained co-sponsors in both chambers (it’s sponsored by Senator Liz Krueger in the Senate) and was the focus of a sustained advocacy campaign over the last few months.
But the bill failed again and considering that it would require a massive infusion of state funds into rental assistance, it’s unlikely it will advance outside the budget or as the state faces a drastic drop in revenue.
Section 50-A
Police reform advocates and good government groups have long cried foul about Section 50-a of the state’s civil rights law, which shields the disciplinary records of police and other uniformed officers from public disclosure. Under Mayor Bill de Blasio, the NYPD expanded the scope of how the law is applied and stopped publishing even limited disciplinary summaries regarding officer misconduct. The administration even successfully fought to defend its more stringent interpretation of the law in court.
While some have called for full repeal of the law, which has been opposed by police unions and others, de Blasio and Police Commissioner Dermot Shea (and his predecessor James O’Neill) voiced support for amending it to provide some level of transparency around police discipline. But the mayor’s push for such reform has been less than robust, though he’s repeatedly included it in his Albany legislative agenda since 2017, and no changes were made in this year’s budget either.
Good Cause Eviction
After the Democrat-controlled Legislature passed sweeping tenant protection legislation last year, housing advocates were optimistic that they would follow suit in this year’s session on one piece of unfinished business: the “good cause” eviction bill, a top priority of Brooklyn Senator Julia Salazar, among others. The proposal is meant to protect tenants living in non-regulated housing from eviction if they face exorbitant rent increases.
But, like the absence of rent relief measures, the bill also fell by the wayside as the budget was decided.
NYCHA Funding
The New York City Housing Authority (NYCHA), public housing home to nearly half-a-million New Yorkers, continues to struggle to fill a capital need of tens of billions of dollars, stemming from years of apathy at all levels of government. New York City has a plan projected to fund roughly $24 billion of the current $32 billion repair and maintenance backlog for the agency over several years, but those needs could rise to $68 billion by 2028.
The state budget included no new funding for NYCHA, though advocates and the City Council were pushing for at least $2 billion more.
Changes to Taxes
New York State was already facing a $6 billion budget gap earlier this year, which had prompted progressive lawmakers and activists to push for new and increased taxes on ultra-wealthy New Yorkers. Then the coronavirus outbreak devastated the economy, with a projected decline of $10-15 billion in state revenue over the coming year, which made some of the calls for new taxes all that more urgent.
But Cuomo is opposed to increasing taxes and did not heed those calls, while many state legislators, particularly in the Senate, where suburban voices are stronger than in the Assembly, did not back the idea of raising taxes, especially amid an economic downturn and after the Republican-led tax overhaul of 2017 had a particularly negative impact on New York’s higher earners.
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
Gov. Cuomo at a state census conference in January (photo: Governor's Office)
Before the coronavirus overwhelmed New York, Governor Andrew Cuomo wanted the equivalent of a $70 million effort to ensure that New Yorkers are accurately counted in this year’s Census. That was to include $10 million just appropriated in the state budget approved this past week. But the plans behind the Cuomo administration’s census campaign remain vague at best and nonexistent at worst as the state struggles to combat the coronavirus outbreak that hit after New York state government was already behind in its census efforts.
Before the $10 million just added in the new budget, the state was meant to spend the equivalent of $40 million in agency operations directed at the Census, with various state departments and entities said to be developing plans for how to best encourage the census participation that is so key to the state’s ability to achieve an accurate count and secure many billions of dollars in federal funding and appropriate representation in Congress.
The remaining $20 million had already been included in last year’s budget for direct grants to counties and community-based organizations that can reach hard-to-count populations, but there’s no indication it has been spent.
Despite repeated queries from Gotham Gazette over the last two weeks, spokespeople in the governor’s office and the New York Division of Budget, which reports to the governor, have provided no new information about the status of the state’s census efforts, including what impact the coronavirus has had. The only plans they provided are from before the outbreak, and mostly involve public-facing activities by state agencies that have become practically impossible or pointless to implement given the state’s near-shutdown due to the pandemic.
With the important 2020 Census self-response period now well underway, there is no indication that the state has awarded the $20 million in grants, fully developed the promised agency plans, or altered operations in light of the coronavirus fallout. This stands in stark contrast to both the U.S. Census Bureau and New York City, both of which have laid out clear plans and announced alterations to them as the outbreak unfolded.
As he’s dealt with the coronavirus crisis and negotiated the new state budget, Governor Cuomo has made only passing mention of the Census in recent weeks, at an April 1 news conference, when he encouraged New Yorkers to fill out the census questionnaire.
City and federal officials have noted in recent days that it has never been more important to fill out the Census. The decennial population count goes a long way toward determining levels of federal funding that the state receives for everything from education and infrastructure to social welfare programs. In a public health emergency like the one facing New York right now, census data is invaluable in deciding where emergency responses need to be targeted. The census is also the basis for drawing electoral districts, which in turn dictates how many seats the state will hold in the House of Representatives.
The $20 million grant fund has been in limbo for months. The funding was meant to be distributed based on a report by a state commission formed by the governor and legislative leaders. The commission was created past its deadline and issued a report after months of delay. The money was finally meant to be awarded starting March 10, but the state has given no indication that the money has gone out. A Division of Budget spokesperson referred Gotham Gazette to Empire State Development for information on the funding, then ESD referred the query to the governor’s office, which did not provide any new information.
If people were not mostly confined to their homes given the coronavirus outbreak, state agencies might have had success in ensuring that a wide swathe of New Yorkers were aware of the Census and the value of filling it out, though that would have in part been determined by the various agency plans that have not been made public. The effort is being coordinated by a cross-agency workgroup, according to the Division of Budget.
For instance, the Department of Motor Vehicles would have displayed census ads at its offices across the state, visited by 12 million people every year. Those offices are now closed indefinitely. The MTA planned on running ads on digital screens and distributing census literature at subway platforms and in buses. At monthly customer forums, Metro-North Railroad employees would have distributed flyers and handouts with census information. Station Managers would have done the same as they greeted customers as part of the “Station Talk” initiative. But many millions fewer people are taking public transportation these days.
State agency offices were broadly meant to be part of the effort including the Office of New Americans, the Division of Licensing, the Division of Consumer Protection, the Division of Community Services, the state Athletic Commission, and others. It’s not clear if any of them are doing anything with regard to the Census, even in the coronavirus reality.
Some outreach avenues may still be available as most government services move online-only and the Census is digital-first for the first time ever.
There are about 19.5 million visits to the DMV’s website every year while the agency also has a database of 4 million email addresses – the homepage includes a link to the Census website but nothing more. According to the original plans, the state Department of Taxation & Finance will send out 16 million “informational flashers” through the mail that will this year mention the 2020 Census.
In contrast with the state, New York City launched a far-reaching $40 million effort to count every resident of the city, well over 8 million people estimated to be about 43% of the state’s 19.4 million population. The city awarded $19 million of that money in December to community-based organizations that are considered “trusted voices” in ensuring that people who may otherwise not respond or are wary of the government are accurately counted. The city also quickly pivoted when the coronavirus made on-the-ground operations unfeasible. The city census office renegotiated advertising contracts with the MTA, for instance, as ridership was plummeting and reinvested it into various forms of media that can reach people in their homes, and moved from in-person event plans to digital forums and text-banking.
Laying the early groundwork has also shown some positive results, as the rate of self-response in the first week after the Census launched was higher than in 2010. [Read: City Reconfigures 2020 Census Efforts in Response to Coronavirus — and Reports Good Initial News]
As of April 4, just a few weeks into the count, the city’s self-response rate was 33.4%, the state’s 38.3%, and the national rate 43.9%, according to the CUNY Mapping Service’s Census tracking project. The New York numbers have been somewhat encouraging to officials who hope New York City will be above its low 62% self-response rate in sum for 2010, which compared to 76% for the country.
The current self-response phase, the most important of the Census effort, is now due to last through August 14 after the U.S. Census Bureau made initial adjustments to account for coronavirus’ impact.
[You can fill out the census online here. A digital code is not required though one might have been/be sent to you in the mail. You can also fill it out by phone by calling 844-330-2020. The Bureau also offers assistance and different phone lines for various languages. You can find those here.]
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
(photo: John McCarten/City Council)
As the coronavirus outbreak causes more and more health, social, and economic damage, many New Yorkers need help. Below is a guide to some available resources (please let us know if there’s something we should add).
For updates from New York City about the pandemic, you can text the word “COVID” to 692-692, or “COVIDESP” to 692-692 for the same notifications in Spanish.
Unemployment Insurance
If you lost your job due to the coronavirus outbreak and its fallout, the state is waiving the seven-day waiting period to claim unemployment insurance benefits. But the state’s Department of Labor has been overwhelmed with website traffic and calls, which the governor has said a large team is working to remedy. Visit the New York Department of Labor here.
Those filing for unemployment insurance should do so based on the first letter of your last name: A-F, file your claim on Monday; G-N, file your claim on Tuesday; O-Z, file your claim on Wednesday. (You may file Thursday, Friday, or Saturday if you missed your filing day.)
Last week, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2.1 trillion package that provides various aid programs during this crisis. For unemployment insurance, it provides “$1 billion emergency grants to states and 100 percent federal funding for extended benefits in states with an unemployment rate above 10 percent”; expands eligibility to include part-time workers, independent contractors, self-employed, and gig economy workers; $600 per week increase in unemployment insurance benefits for up to four months; allows for additional 13 weeks of unemployment insurance beyond what your state already provides; and “funds states with existing work-sharing programs, such as New York.”
Jobs
While there are many jobs websites across the internet, New York state government offers the NY Hire Now portal of job listings, and the Department of Labor itself is hiring, while also offering a variety of tips and services related to job searches.
New York City’s Workforce1 Centers are offering virtual help to individuals looking for work, and the city’s Department of Small Business Services also runs a jobs listing.
Food Access
435 schools across New York City have been allowing students and families to pick up three meals per day. Mayor de Blasio announced Thursday that starting Friday, any adult who needs food could also access it at those locations. He said family hours are 7:30-11:30 a.m. and adult-only hours are 11:30 a.m.-1:30 p.m. People can find the location nearest them through this web portal run through the Department of Education website.
People can also text FOOD or COMIDA to 877-877 to get food access information from the city.
Many food pantries and soup kitchens across the city are open and available for people who need food assistance, though some have had to close and others may be on the brink, both due to the spread of the virus and challenges with supply lines. To find a nearby option, people can use this city website to find a food provider.
City-funded senior centers are closed but providing pick-up and delivery meals for seniors who may not have access to food services.
Many grocery stores are adjusting hours to accommodate more people and opening early for seniors to be able to shop without exposure to the rest of the population. People should check the websites and social media feeds of their grocers.
Under the CARES Act, $15.5 billion was approved to support participation in the Supplemental Nutrition Assistance Program (SNAP) and temporary ability to expand the program, and $450 million was allocated for food banks.
The Families First Coronavirus Response Act, passed earlier this month, “provided the WIC Program with $500 million to remain available through Sept. 30, 2021 for increases in program participation,” according to the federal government’s Food and Nutrition Services website.
The New York City Human Resources Administration (HRA) has moved its application process online, so New Yorkers can apply for SNAP benefits digitally, increasing access during this time of social distancing and when walk-in offices are closed.
For those with SNAP benefits, they can now be used online at three retailers for those who wish to protect themselves and avoid being around other people. SNAP benefits will be accepted online in New York at Amazon, Walmart, and ShopRite, as designated by USDA.
The Hunter College NYC Food Policy Center is in the process of creating a comprehensive rundown of food resources by neighborhood, across all five boroughs, called Coronavirus NYC Neighborhood Food Resource Guides.
Utilities/Mortgage/Evictions
Utility companies in New York have halted gas, electric, and water shut-offs until further notice.
All evictions have been halted by New York State Courts as of March 16, with Governor Cuomo ordering a 90-day moratorium on evictions. According to the NYC Coronavirus (COVID-19) and City Life website, this means people “will not need to apply for rent arrears (back rent) to stop an eviction until further notice,” and that “you will be able to stay in your home during this health emergency.”
For a period of 90 days, the Department of Financial Services (DFS) issued an order that requires “New York State regulated financial institutions provide residential mortgage forbearance on property located in New York. This will be for a period of 90 days and applies to any individual residing in New York who can demonstrate financial hardship as a result of the COVID-19 pandemic."
Health Care Coverage and Insurance
New York State of Health, the state-run marketplace for health insurance, reopened enrollment for health insurance for “uninsured individuals to ease coronavirus fears.” The special enrollment period will remain open through April 15, allowing for many uninsured individuals to access health care.
In New York City, “NYC Care provides low-cost or free healthcare for all New Yorkers regardless of ability to pay or immigration status. This is not an insurance plan. Call the 24-hour NYC Care service at 646-NYC-CARE (646-692-3373) to enroll and make an appointment. Primary care, specialty, and emergency services (including hospital stays) are all available for NYC Care members. For help in other languages, visit https://www.nyccare.nyc/.”
Mental Health
In response to the COVID-19 outbreak and its fallout, the New York City Department of Health and Mental Hygiene is providing tips and resources for how to manage the stressful situation, including limiting screen time, keeping connected with people, and maintaining daily routines. The city points people to federal CDC guidance around coronavirus “stress and coping.
Beyond tips, there are other resources available, including through NYC Well, a free, confidential service with counselors available 24 hours a day, who can “provide brief counseling and referrals to care in over 200 languages” for New Yorkers. People can call NYC Well’s helpline at 888-NYC-WELL.
Seniors specifically can call the city’s helpline at 212-AGING-NYC and military veterans can call 800-273-8255.
Governor Cuomo announced on March 29 that more than 12,000 mental health professionals have volunteered to help New York State provide free online services to those who need it during the crisis. This service can be accessed by calling 1-844-836-9314.
Domestic Violence Survivor Resources
There are widespread concerns that the coronavirus fallout will include increases in domestic violence.
“Domestic violence often escalates during and after a disaster,” said Connie Neal, Executive Director of the New York State Coalition Against Domestic Violence in a press release from the office of Attorney General Letitia James. “Because survivors of domestic violence are often already isolated, with limited access to financial resources and social networks, it can feel even more challenging to find and receive the support they need. But help is available through a network of domestic violence advocacy services across the state of New York. Advocates can provide confidential assistance with safety planning, emotional support, shelter, and referrals for a range of other community services.”
In an emergency, people should call 911.
The New York State Domestic and Sexual Violence 24-hour hotline is 1-800-942-6906.
The National Domestic Violence 24-hour hotline is 1-800-799-7233. The 24-hour live-operated bilingual (English/Spanish) hotline for the Violence Intervention Program is 1-800-664-5580.
The New York State Coalition Against Domestic Violence has a list of available programs, broken down by county.
Safe Horizon, a non-profit serving individuals in New York City, can be reached 24/7 at 1-800-621-4673. Safe Horizon also has a one-on-one online chat system.
The NYPD’s Domestic Violence Unit has also put out some tips.
Small Businesses
Mayor de Blasio announced in early March that New York City will provide relief to small businesses impacted by the economic downturn brought on by coronavirus.
The NYC Employee Retention Grant Program offers small businesses with fewer than five employees a grant to cover 40% of payroll costs for two months in an effort to help the businesses retain employees through the crisis. To be eligible, those smallest small businesses must demonstrate that COVID-19 caused at least a 25% decrease in revenue, been in operation for at least six months, and have no outstanding tax liens or legal judgments.
For more information about the NYC Employee Retention Grant Program visit this website.
The city is also offering the NYC Small Business Continuity Loan Fund, which helps businesses with fewer than 100 employees that have seen a 25% or more revenue drop to apply for zero interest loans of up to $75,000.
For more information and to apply for the NYC Small Business Continuity Loan Fund visit this website.
Thanks to the recent $2.1 trillion federal stimulus package, the U.S. Small Business Administration (SBA) has a series of relief programs that can help small businesses nationwide survive through the pandemic.
The Paycheck Protection Program “prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.” Eligible businesses can qualify for a loan of up to $10 million determined by 8 weeks of average payroll plus an additional 25%; loan payments will be deferred for 6 months; and if the business doesn’t lay-off staff, SBA will forgive the portion of the loan used to cover two months of payroll.
The SBA is also providing the Economic Injury Disaster Loan program that can be accessed here.
The SBA will provide some debt relief for businesses. According to the SBA website, “SBA will pay the principal and interest of new 7(a) loans issued prior to September 27, 2020,” and “the SBA will pay the principal and interest of current 7(a) loans for a period of six months.”
Finally, SBA is providing the Express Bridge Loan Pilot Program that allows small businesses who already have a relationship with an SBA Express lender to access $25,000 with less paperwork and faster turnaround. “These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing and can be a term loans or used to bridge the gap while applying for a direct SBA Economic Injury Disaster loan,” the SBA website says.
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by Katie Kirker, Gotham Gazette
@GothamGazette
2020 Census website to fill out the questionnaire
The U.S. Census Bureau faced a behemoth of an undertaking this year: counting each and every resident across the country’s 50 states and various territories. It’s a task that’s carried out every ten years and requires years of planning and untold levels of individual and collective effort, and can still end up being inaccurate. And all that was before the coronavirus pandemic sent the nation into disarray.
The decennial Census count determines where and how the federal government allocates hundreds of billions in funding and determines the number of seats that states hold in the House of Representatives, making it of utmost importance for states. For New York, home to many “hard-to-count” populations and on the decline in terms of population and seats in Congress, an accurate count is all the more essential.
The coronavirus has forced officials at all levels of government to drastically alter census operations. Field programs, planned for the second phase of the Census after the initial self-response period, have been suspended. Outreach campaigns have doubled down on messaging through digital and social media. The U.S. Census Bureau usually hires hundreds of thousands of enumerators across the country to knock on doors and follow up with households that haven’t responded. That hiring has been frozen.
But there’s still hope. A predominantly digital methodology means the Census is easier than ever to fill out. Self-response continues and the deadline has been extended.
In an interview on Wednesday, Jeff Behler, director for the Census Bureau's New York Regional Office, sounded a note of optimism while emphasizing that the Bureau has its work cut out for it.
This interview has been condensed and edited for clarity.
How has the coronavirus outbreak affected Census operations?
“We stopped all [hiring] because the public health and the health of our employees is of utmost importance. But the good thing is self-response hasn't stopped and that's the great thing about the 2020 Census. You can still go online, you could still fill it out, or call it in over the phone, or if you receive a paper questionnaire in that first mail-out, fill it out, mail it back in. And beginning April 8, we will be mailing paper questionnaires to every household that has yet to respond to the Census. And that's still on track. We're still able to do that. And that's the plan...until we get to the point in the environment in our communities where it's safe to start interactions again in public. Before we ever get to the point where we can knock on doors again, we're going to continue to work with our partners on getting people to self respond.”
“We're calling every applicant that has applied for a census job. We're calling as a courtesy to let them know, ‘Hey, our hiring has been suspended. You're still going to be considered. We ask for your patience, and oh by the way, have you filled out your census?”
On the importance of filling out the Census during a pandemic...
“I was just on a webinar where the Mayor of Syracuse was talking about what better way to support your community right now during this pandemic than to help out the future of our health systems, our hospitals, our emergency services by filling out your census, and ensuring your neighbors get counted, that your coworkers and people you may worship with, that they also fill out the census. That's a great way to support our communities so that we have enough hospital beds, we have enough emergency service personnel, we have enough clinics and hospitals or vaccines available based upon the true population numbers.”
Are there any encouraging signs around the early self-response, particularly in New York?
“I think New York State’s at 31.1%. That's amazing. Given that New York City is the epicenter of this whole pandemic, for roughly a third of households to go online or to call us over the phone or fill it out on paper is amazing...There's a lot a lot of counting left to do but this is a great start, and our partners and the Census Bureau, we're not pushing a pause button right now just because of this pandemic. We're reengineering the things that we can do with the resources we have to continue to push people to self respond.”
New York City came to an agreement to share homeless shelter data with the Census Bureau for the first time to aid in the count. How is that working?
“When you get a city like New York that was able to pull that data together from so many different shelters, that's huge. Because especially at a time like this, shelters will not open their doors to us in a month from now or maybe even two months from now because the pandemic may still be there. So it just shows the urgency and the willingness that New York City has to ensure they get a complete and accurate count.”
What about the street homeless?
“Actually we would have gone out at 12:01 a.m. this morning and conducted a homeless count for people who aren't staying in shelters, who aren’t staying in group homes. These are people who are living in the woods or in the forest or on a park bench. So we'll still be conducting that operation. The timing of that operation's still yet to be determined. We have to figure that out because we can't go out at a time where the public's health is at risk.”
On counting university students that live off campus...
“Just about every school in our region…has gone to virtual school for the rest of the semester. So many kids, both on campus and off campus, now live at home with their parents, whether that's in a different state or whether it's a different city within the state. We need to make sure those students get counted where they usually live or stay at college. So we're working with college universities. We feel confident in the way we count students who live in college and in dormitories. It’s those off campus students that we're [concerned about].”
[You can fill out the 2020 Census here]
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette