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The State Must Take on Frankensteining Before More Affordable Apartments Vanish


Under construction (photo: Mike Groll/Governor's Office)


The Stand for Tenant Safety/Coalition to End Apartment Warehousing applauds the New York State housing agency’s proposed regulations regarding the first rents for combined or “Frankensteined” apartments. Under that proposal, where at least part of a newly-combined apartment is rent-stabilized, the newly-created unit would be rent-stabilized at whatever the last stabilized tenants paid, with any rent increase or decrease tied to the percentage in the new apartment’s change in size, plus any individual apartment increase (IAI).

Tenants are facing major displacement pressure from Frankensteining just as they did from IAIs, the vacancy bonus, and other now-limited ways that landlords had an incentive to increase rents and remove tenants from their homes.

As tenants who have lived through Frankensteining construction, we have experienced the drastic decline in living conditions in buildings undergoing these changes. Construction has led to excessive dust, noise, and disruption. 

Frankensteining allows landlords to enrich themselves while undermining neighborhood stability and reducing the number of affordable and rent-stabilized units. There are no mechanisms for government agency oversight or even the minimal accountability for the rent increases that come with IAIs or building-wide improvements.

Apartments that previously rented for $1,000-$2,000 each per month, when combined, can be listed for $9,000 or more — whatever the market will bear. The landlord may add a dishwasher, fancy kitchen counters, and some crown molding, essentially cosmetic changes that do little but raise rents, while most working people just need a decent, affordable place to live.

It’s frustrating that this “apartment combination/setting a new first rent” loophole has caused the loss of affordable housing (as shown in “Warehousing and Frankensteining,” our recent report with case studies of nine Manhattan buildings), especially after the valiant efforts of tenants throughout the state to protect their homes led to the passage of the 2019 Housing Stability and Tenant Protection Act (HSTPA), which significantly strengthened rent regulations. 

In our ever-increasing housing and homelessness crisis, every affordable apartment makes the difference for someone who needs housing immediately. Building more affordable housing is necessary, but preservation is easier, less costly, and the effects are immediate. While we wait for more housing to be built, we are losing more and more of the 858,000 rent stabilized apartments we do have. Since 2019, some 116,000 rent stabilized units vanished from the rent regulation system altogether, unregistered. 

The hearings about the new rules are over. Now we urge the state Department of Homes and Community Renewal to quickly implement the rules that disincentivize Frankensteining and preserve affordable housing. Any delay in the implementation of the rules is an egregious affront to the intent of the law and contributes to furthering the greatest affordable housing crisis since the Great Depression.  

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by Jodie Leidecker, Sue Susman, and Edward Ratliff on behalf of The Stand for Tenant Safety/Coalition to End Apartment Warehousing. On Twitter @NyWarehousing.

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2023 Could Be Year of Rent-Stabilized Housing Collapse; Here’s How We Avoid That


Housing across the city (photo: Michael Appleton/Mayor's Office)


I can’t say I am optimistic about 2023. Increasingly I am hearing from owners of rent-stabilized apartment buildings that they will not be able to make their mortgage payments this month or soon thereafter. A confluence of "once in a lifetime" events is pushing this much needed housing toward the brink of insolvency.

A well-run rent-stabilized building should have two to three years of cash reserves set aside. This helps the owner keep up with mortgage payments and unexpected costs that pop up. The COVID-19 emergency was one of those unexpected costs, though at an almost unimaginable scale. A massive number of renters lost income and simply could not pay their rent. The state’s Emergency Rental Assistance Program (ERAP) helped many. But ERAP only covered a maximum of 15 months rent. It’s been 34 months since covid hit, and thousands of renters haven’t paid any rent in that time.

Another factor that is dragging down these buildings is the inability to bring outdated rent-stabilized apartments back online. Unfortunately during COVID-19 many elderly or long-term tenants left their apartments or passed away. If the tenant lived in the apartment for more than 20 years, it likely needs very substantial renovations and upgrades to comply with a host of city and state requirements that didn’t exist when they moved into the apartment. This work is not optional. It is mandated by government building codes. 

In order for the apartment to be in compliance with Local Law 1 of 2004, the entire apartment must be lead remediated, which means all doors, window frames, and other features need to be completely replaced and possibly the entire walls, floors, and ceilings. In order to comply with Local Law 97 of 2019, the apartment should get insulation improvements, electrical upgrades, and energy efficient windows. In many cases, plumbing upgrades are necessary as well. This is why it usually costs $100,000, or more, to get each of these apartments available to rent again. Any owner who attempts to rent the apartment without doing the work would face significant fines. 

The rents on these apartments already do not cover their operating costs, let alone the renovation cost. Because of this, the only logical option for an owner is to leave the apartment vacant. That is bad housing policy.

The final straw that is forcing these buildings into insolvency is inflation and interest rates. The operating costs on every aspect of housing has gone up, driven by increased property tax assessments, skyrocketing fuel costs, and other increased expenses. Then, in order to combat inflation, the Federal Reserve raised interest rates, making it harder to borrow money. The typical rent-stabilized building needs to refinance every 5 to 7 years. Banks and lenders require this because they want to re-adjust the mortgage on a building to better reflect the changes in the market conditions and regulatory changes that the government has implemented. The process is far different than a typical 30-year home mortgage.

How big is this problem? Hundreds of buildings housing many thousands of renters don’t have the cash flow to pay their mortgages or maintenance. The banks and lenders for these buildings are scrambling to find anyone who will take them over. This process is ugly for renters in the building, who suffer most from deferred maintenance. 

My organization, CHIP, is proposing a small and simple change that would help many rent-stabilized buildings be preserved and bring thousands of affordable apartments back online, helping to alleviate the city’s severe housing shortage.

Under our proposal, building owners would fully renovate vacant apartments coming off of long-term occupancy, setting an affordable new rent, but leaving the apartment in stabilization. These new apartments would be lead-free and energy efficient, which is vitally important for the long-term health of tenants. In most parts of the city, the new apartments would have rents low enough for voucher holders to access them.  

Every other place in the country with rent regulations has a path for old apartments to be brought back on the market. The new rent would cover the renovation costs and take the pressure off rents in other parts of the building. The government would put in place measures to ensure work is done to code and rents are kept in line with comparable rents in the area. The result would be housing that is safe, clean, updated, and affordable for decades to come.

This simple fix would help house tens of thousands of people and ensure the quality of housing for hundreds of thousands of other renters isn’t diminished. It’s a win-win for everyone.

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Jay Martin is Executive Director of CHIP. On Twitter @jaymart222.

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Governor Hochul’s Misguided Veto of the Non-Religious Addiction Recovery Options Bill


Gov. Hochul signs substance use treatment legislation (photo: Governor's Office)


Governor Hochul’s veto of the Nonreligious Recovery Options bill is a significant missed opportunity to both improve New York’s civil rights record and improve public health outcomes in the midst of an ever-worsening addiction crisis that is claiming the life of a New Yorker every three hours. 

This bill would require New York’s courts, prior to specifying a substance use program, to inquire on the record if the defendant objects to a religious element of the program. If such an objection was registered, the bill would then require the court to identify an alternative equivalent program to which the defendant has no religious objection, and confirm the defendant’s consent on the record.

This noncontroversial bill passed the Legislature earlier this year, sponsored by the Senate’s leading voice on addiction recovery, Senator Pete Harckham, and Assembly Member Harvey Epstein, a powerful criminal justice advocate. It was supported by a broad coalition of First Amendment and recovery groups, including the New York Civil Liberties Union, Friends of Recovery, and SMART Recovery, among others. It is disappointing that the governor disregarded the collective expertise and lived experiences of our coalition and its constituencies. But to justify doing so due to perceived administrative burdens and the potential expansion of civil rights protections is unacceptable. 

It is well-settled law that any individual mandated by a court to attend recovery treatment must be provided with a secular option, and that 12-step programs are religious in nature and therefore cannot be the only option mandated. The governor’s veto message acknowledges this, yet fails to recognize that a constitutional right is a right in name only if not enforced by our justice system.

The Nonreligious Recovery Options bill had two purposes: to shift the burden from defendants to the courts to ensure judicial compliance with the Constitution and to improve overall recovery outcomes by providing defendants with multiple paths.  

Regarding the latter, it’s about much more than aligning programs with a defendant’s values. As was noted in personal testimony provided to the governor’s office, some faith-based settings stigmatize individuals using Medication-Assisted Treatment (MAT), a life-saving and evidence-based tool strongly endorsed by the Substance Abuse and Mental Health Services Administration (SAMHSA), a federal agency devoted to substance abuse and mental health issues.

In 2009, SAMHSA issued a “Know Your Rights” document that specifically criticized courts for discriminating against people using MAT. With even SAMHSA acknowledging bias (and outright illegal discrimination) in courts handling substance abuse cases, it's not a stretch to imagine that even well-intentioned judges may not be in full compliance with the law when mandating individuals to attend recovery programs.

Courts nationwide, including in New York, have a bias toward faith-based programs. For many of the criminal justice system’s practitioners,12-step programs are ubiquitous and well-known, while alternatives that research proves work just as well are not. There are also cases in which defendants and incarcerated individuals are outright denied a secular option when requested.

This was the case in lawsuits in New York and in dozens of additional cases across the country. The problem is not limited to the court system either — just last year a Buddhist won a case against their employer and collected $305,000 in damages for being denied a secular recovery option.

The defendants who get appropriate recovery treatment are those who know their rights (many do not) and have the resources and courage to go up against the very system that wields power over their individual liberty — as you can imagine, most opt to keep their head down. Governor Hochul callously disregarded this reality when she characterized this bill as “unnecessary.” Shockingly, the governor outright rejected the notion that the responsibility to ensure compliance with the Constitution falls to the justice system, putting it squarely on the defendant: “Given that defendants already have the right to request nonreligious treatment, this bill…imposes an overly rigid burden on courts and judges,” she stated. 

Perhaps an even more disturbing line of argumentation was her concern that the Legislature could be emboldened to codify the affirmation of other rights. Stating the bill could “invite future selective legislative efforts to inject a similar burden upon judges to inform litigants of their rights to opt out of other court mandates.” For the governor to state concern about setting a precedent that could further empower individuals to exercise well-established constitutional rights should be cause for concern for any New Yorker who values individual freedoms.

If personal testimony from individuals who work directly with mandated defendants were not sufficient proof of the problem, one need not look any further than the impassioned testimony of Assemblymember Angelo Morinello. A former judge who served on the bench for 14 years, he opposed this bill. He stated that defendants “need direction and control,” should not be given a say in their recovery options, and denied that Alcoholics Anonymous "ever tried to be a religious component to these individuals." He proudly boasted of overseeing 600 addiction cases in which it is clear his "direction and control" involved mandating faith-based recovery options.

Recovery advocates know that multiple paths are necessary to improve recovery outcomes. When the vast majority of New Yorkers, 46% of whom are religiously unaffiliated, are provided with a narrow set of recovery options, the state is undermining its own policy goals.

As Mayor Eric Adams pursues his homelessness and mental illness plans, including more arrests and involuntary hospitalization, this issue will become even more acute. According to the National Coalition for the Homeless, substance abuse disorder is more prevalent among the homeless than the general population.

Homelessness and substance use disorders are overlapping challenges for the state and city, and there is no doubt that if the unhoused are forcibly removed from the streets, many will end up in drug courts. The governor’s veto will mean that defendants may only get their constitutional right to a secular recovery option if the officials who happen to be handling their cases are concerned enough about the protection of rights to grant it. And for many individuals, including LGBTQ+ people and others who have suffered trauma in religious settings, they will be forced to attend faith-based programs that may retraumatize them and are not conducive to their recovery.

As an advocate for the rights of nonreligious Americans, this veto is a slap in the face to my community, and calls into question whether Governor Hochul is serious about tackling New York’s addiction crisis.

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Sarah M. Levin is the founder of Secular Strategies. On Twitter @SarahMLevin.

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Guideposts for the Governor to Shape a Responsible 2023 Agenda


Governor Hochul gives her first State of the State (photo: Darren McGee/Governor's Office)


A year ago, after Governor Hochul had made her first State of the State address, I wrote a column, For State’s Future, The Governor Must Say No, urging her to reject well-intentioned but unwise proposals by legislators and activists. Reading it again now, after Hochul’s inauguration to her first full term as Governor, I am struck by how much of it is still relevant. 

The state’s fiscal situation is more precarious than it was a year ago as federal covid relief tapers off, the economy’s recovery is slower than in other parts of the country, and recession looms as a real threat. Even under relatively optimistic assumptions, the current state financial plan shows a fiscal cliff of $6 billion in 2027 and a risk of as much as a $13 billion deficit in 2028. So, my previous admonition to Governor Hochul is even more important now: say no to ill-advised policies and spending and take actions to put the state on a sound financial path even if they may be unpopular in the short-term.

In brief, here are some of the most salient things Governor Hochul should say in her State of the State to send a message to the Legislature that she will be strong and resist pressure to raise taxes and spend excessively:

-Because user fees from those who can afford them are an important source of revenue, MTA fares must be permitted to increase by the small, incremental amount approved by the MTA board. We need riders to continue to cover a reasonable portion of the costs of running a 24-hour transit system. 

-By the same token, tuition at CUNY and SUNY should continue; there is simply no responsible way to pay for free college for those who are not eligible for the considerable need-based grants and subsidies already available.

-The reforms to the New York City property tax system recommended by the report of the NYC Advisory Commission on Property Tax Reform should be enacted into state law. They address only some, not all of the inequities in the current system, but will go a long way to rationalize the taxation of individually-owned residential property in the city.

-Absent more comprehensive property tax reform that addresses the excessive burden placed on rental and commercial properties, a replacement for the “421a” program to incentivize the construction of rental housing must be enacted. We need much more rental housing to meet demand, encourage growth, and accommodate a variety of income levels in a diverse array of neighborhoods.

-The rates of spending growth in the two largest programs in the state budget are unsustainable. There must be reforms to control the costs of Medicaid and school aid in a way that more appropriately targets benefits to those who are in need. Specifically:

-The Foundation Aid formula for school aid must be revised to redirect aid to the neediest districts and stop providing regular increases to school districts that are already fully resourced. 

-The Medicaid Redesign Task Force reforms that were set aside during the pandemic must be implemented and additional reforms developed  to help constrain the dramatic growth in by far the largest expenditure in the state budget.

-Congestion pricing will get out of the planning phase and into operation ASAP with minimal exceptions!

Nothing on this list will generate resounding applause from the members of the State Senate and Assembly in the State of the State audience. But now is the time for the Governor of the Empire State to show that she will be tough and relentless in assuring that New York remains a thriving place for people to live and work where government resources are used wisely and effectively.

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Carol Kellermann is a long-time New York civic leader who has worked in and out of government and led nonprofits including Citizens Budget Commission, The September 11th Fund, and Learning Leaders.

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We’re All Exhausted, But Don’t Let that Stop You from Taking Essential Health Precautions Amid a Triple Threat


Getting vaccinated (photo: Michael Appleton/Mayoral Photography Office)


While COVID-19 has exhausted us, vigilance is critical as RSV and the flu also threaten our health, our loved ones, and our city.

Last year around the holiday season, many of us were gift shopping and preparing to see loved ones when we were alerted to news about the latest COVID-19 variant, the fast-spreading Omicron. We then had to access the latest information about the ever-evolving threat and reassess some of our plans and approach, trying to keep ourselves and our loved ones safe. One year later, we are fighting three battles: COVID-19, respiratory syncytial virus (RSV), and the flu season. All threaten to be the worst in years. However, unlike two years ago, we know how to combat these threats, have tools to do so, and must act before the case counts spiral out of control. 

Exposure to the flu decreased during the COVID-19 pandemic due to social distancing and masking. Most of the related mandates and restrictions are now gone, and people have been gathering more often throughout the holiday season, which can increase the transmission of covid, the flu, and other respiratory diseases. Experts are concerned that those who are not vaccinated and have not naturally been exposed to the flu for a few years could develop more severe symptoms from these illnesses.

Even with the current triple threat, precautions remain the same, and we urge all New Yorkers to take them: get fully vaccinated against COVID-19 and the flu, wash your hands regularly, stay at home if you’re feeling unwell, keep hydrated (especially when feeling unwell), and wear a mask in crowded indoor spaces.

It should come as no surprise that a September Kaiser Family Foundation survey found "that awareness of the updated [covid vaccine] boosters is relatively modest, with about half of adults saying they've heard ‘a lot’ (17%) or ‘some’ (33%) about the new shots.” At the same time, another National Foundation for Infectious Diseases (NFID) survey found that only 49% of U.S. adults planned to get a flu vaccine this season. This statistic is a  drop from last year when the Centers for Disease Control and Prevention estimated that 51% of Americans 6 months and older got the flu vaccine to pre-COVID levels at 48.4%. A world that no longer exists and cannot afford that luxury. 

Despite the rise in infection rates from seasonal illnesses, people tend to put these preventive measures on the backburner. In a 2022 study on public health attitudes, EmblemHealth found that people who generally adhere to public health behaviors – such as wearing a mask, testing, and quarantining, were slated to be much lower in an endemic versus pandemic classification.An endemic being a constant presence in a community differs from a pandemic because the virus is somewhat contained, not spreading out of control, and does not stress the healthcare infrastructure. Therefore we can more easily prevent and treat it.

When asked to describe an endemic to a friend or family member, the study found that the lack of understanding of the term endemic varied among respondents. Based on a general misunderstanding of the word, a majority expressed that they are more likely to reduce participation in preventive behaviors in an endemic, particularly the likelihood of getting a vaccine booster. Meanwhile, respondents also stated they were more likely to keep up and follow additional preventive measures when faced with a pandemic versus an endemic. As our understanding of the COVID-19 virus is constantly changing, we lag in our ability to gain more broad-based public support for vaccinations because we face a bombardment of information and must play our version of Dr. Anthony Fauci at home trying to discern the truth.

Too many have become tuned out. Why? Covid fatigue, information overload, the struggle to transition from a pandemic mindset to an endemic one, and the normal human desire to separate from the trauma and resume an everyday life not dominated by disease fear. Disassociation is how our brains cope with stress. The war in Ukraine, inflation, gun violence, the latest political antics, celebrity scandals, and more can crowd messages that support COVID and flu protection because they are attention-grabbing. 

We know that practicing good hygiene and getting vaccinated is how we get out of this mess. Masking up as public health officials advised in New York City works. Just as if you would not go outside when it's raining without an umbrella, avoid going into crowded public spaces without a mask while several respiratory viruses are running rampant in our area. 

Medical experts are already warning that this year's flu could be brutal and, coupled with a winter surge of covid risks, overwhelm our recovering healthcare system. The flu season began early this year in New York, with nearly 600 cases reported on October 1, 2022. The severity and timing of flu season vary each year. And we are seeing a surge in the 2022-2023 flu season —case numbers have been rising daily as this was written.

Trust us. We understand how exhausting and never-ending this saga seems. As medical professionals, we are not immune to fatigue. Our minds are also hardwired to stimulation and attention-grabbing, distracting headlines. But not keeping vigilance around health and safety protections is an ongoing recipe for disaster, especially during an international public health crisis. There have been plenty of reasons for us to feel anxious and exhausted, and justify people tuning out. But we need to make sure we are up to date on our vaccinations and following common-sense steps to protect ourselves and our loved ones. 

Staying vigilant is key to overcoming the seemingly ever-growing virus list. None of us seek to downplay the severity or impact of COVID-19. We lost too many friends, colleagues, and family members. As a country, we all have a story to tell about it. It wasn't long ago when streets were empty, stores shuttered, and the eerie sound of ambulance sirens filled the air for New Yorkers. Our healthcare workers, EMTs, and first responders still deal with the trauma of facing constant death. Studies have shown that the 2020 lockdown was a traumatic experience for us, with lingering effects to be studied and addressed by mental health specialists worldwide. Our children are still recovering from the backslide of online learning and its negative social-emotional impacts. 

As we reconvene for the holidays and into the new year, our bodies are relearning how to fight off common seasonal illnesses in addition to COVID-19. Let us focus not only on ourselves, but make sure we take steps to protect those around us with steps we know work. We've come too far to backslide now. It requires staying informed and vaccinated. If you or your loved ones are not up to date on your covid vaccines and boosters or your annual flu shot, make the necessary appointments today — you won’t be sorry.

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Dr. Navarra Rodriguez is the Chief Medical Officer at AdvantageCare Physicians (ACPNY), one of the largest primary and specialty care practices in the New York area. Indulekha Warrier is the Vice President and Chief Medical Officer at Connecticare, one of the leading health plans in Connecticut.

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The Ruthless Midterm: New York Democrats Made Key Mistakes in the 2022 Elections But Still Barely Lost House Seats


Gov. Hochul, Reps. Maloney & Ryan (photo: Darren McGee/Governor's Office)


Forecasters like the Cook Political Report and FiveThirtyEight predicted the Republican Party would win the House of Representatives in the midterm election, but it was a surprise the GOP only eked out a tiny 222-213 margin, a mirror image of the Democrats’ current majority.

It was especially galling for New Yorkers to lose four Democratic seats right here. There’s already copious commentary about the midterms, so my focus here is the self-inflicted wounds by New York Democrats in the lead-up to the election, many of which have ongoing ramifications and lessons for the future. There is, of course, no singular explanation for the 2022 midterm election results. In fact, one FiveThirtyEight columnist urged a little humility for anyone seeking to explain the election.

But here are several reasons New York Democrats underperformed in 2022:

Governor Hochul’s Initial Mistakes Begin Path to House Losses
After Governor Kathy Hochul took over following Andrew Cuomo’s resignation in August 2021, she was interviewed by The New York Times and asked about the upcoming redistricting of congressional and state legislative lines. The new Independent Redistricting Commission was charged with the development of fair, nonpartisan lines following decades of partisan gerrymandering in New York.

“Do you plan to use your influence to help Democrats expand the House majority through the redistricting process?,” Hochul was asked. “Yes. I am also the leader of the New York State Democratic Party,” she answered. “I embrace that.”

This was a mistake. Sending a message to the Democratic leaders of the Legislature that she would sign partisan lines gave them the opening to do whatever they wanted. It was not known in August 2021 that the Independent Redistricting Commission would fail to agree on a unified plan for the lines, but it was known the Legislature had the power to override the commission’s lines by two-thirds votes of both houses, which the Democrats had in hand given their super-majorities. The Governor would have been wiser to be a public leader, not a partisan leader.

Also in August 2021, Governor Hochul chose State Senator Brian Benjamin of Manhattan to become Lieutenant Governor. Benjamin had some good credentials in his initial Senate tenure, a business background, downstate balance, and ties to the Harlem political establishment. There were red flags, however, especially the apparent straw-donor contributions to his New York City Comptroller campaign.

There was enough information available that should have kept Hochul away from the pick, and she and her advisors should have exercised better judgment. By the time Benjamin was indicted on federal corruption charges and resigned, the state was only two weeks away from the courts throwing out the Legislature’s new district lines for the House and State Senate.

Hochul then chose a member of Congress, Antonio Delgado from the Hudson Valley, as her second Lieutenant Governor. His 19th congressional district would eventually go Republican in November by just 1.6 points.

After 2021 Republican Wins on Long Island, Two House Democrats from Nassau County Chose Not to Run for Reelection
In November 2021 incumbent Democratic Nassau County Executive Laura Curran was defeated by Bruce Blakeman in a close election. Democratic candidates for District Attorney in both Nassau and Suffolk Counties were also defeated. Within months both incumbent House members in Nassau County announced their departures.

Democratic Rep. Tom Suozzi, of the 3rd congressional district covering the northern half of Nassau County and a slice of Queens, announced his bid for Governor in late November 2021. He would go on to a poor showing in the Democratic primary in June 2022 against Governor Hochul and New York City Public Advocate Jumaane Williams.

Democratic Rep. Kathleen Rice, of the 4th congressional district covering the southern half of Nassau County, announced she would not run for re-election in February 2022.

Republican Anthony Esposito won Rice’s seat by about 3.5% (about 9,800 votes of 271,000 cast). Republican George Santos, now embroiled in scandal over appalling lies about his background, won Suozzi’s seat by over 20,000 votes, about 8% (Suozzi had handily defeated Santos in 2020). 

Could Rice and Suozzi have held their seats if they had chosen to stay and fight?

The Redistricting Disaster
In January 2022 that the Independent Redistricting Commission was unable to vote on a unified, bipartisan plan to submit new district lines to the Legislature, which then chose to take over the process and draw its own congressional and state legislative maps, which the Governor signed. Litigation began and reached the New York Court of Appeals (the state’s highest court) by April. The court, in a 4-3 decision, rejected the lines as both partisan and procedurally defective and ordered a court-appointed “special master” to craft nonpartisan lines.

Chief Judge Janet DiFiore said the lines had been drawn with an “impermissible partisan purpose.” The June primaries for Congress and State Senate were moved to August to await the special master’s lines. Redistricting law experts and Democrats argued the law required the court to give the Legislature another chance to draw the lines, but the Court of Appeals said no.

Were the lines so blatantly partisan that they violated the carefully structured legislation from 2014 to give nonpartisan redistricting a chance? You could make a strong argument that was the case. The Republican-held Staten Island-Brooklyn district, NY-11, was redrawn from a Trump +10 in 2020 to a Biden +10 by removing Southern Brooklyn and substituting overwhelmingly Democratic Park Slope and Sunset Park. The 3rd congressional district represented by Suozzi was redrawn from Biden +10 to Biden +14 by combining Nassau and Westchester Counties by crossing Long Island Sound. The 17th congressional district represented by Rep. Sean Patrick Maloney (chair of the DCCC) went from Biden +0.6% to Biden +13%. The 19th congressional district was drawn from Biden +1.4% to Biden +10%. And the 22nd congressional district from Biden +8 to Biden +18. Enough said?

If Governor Hochul had demanded a series of equitable procedural steps by the Legislature to address the failures of the Independent Redistricting Commission, and forced maps with fairer lines, by bully pulpit or even by veto, could the court have accepted a different map? We will never know.

Hochul Sent a Tax Break to Homeowners During the Primary Not the General
Governor Hochul’s Executive Budget in January of this year included a $2.5 billion property tax rebate to homeowners, which was approved by the Legislature in April. At budget time, the rebate was scheduled to be sent out in October 2022, with an obvious political purpose for the general election. The highest rebates would go to the region of the state with the highest property taxes, the suburbs around New York City.

(In May I wrote about a State Comptroller report from mid-April showing $3 billion above March expectations in tax revenue had come into the state treasury, including an unbudgeted $2 billion. I suggested the state might want to supplement the property tax rebate with an income tax rebate that could cover more residents, since homeowner-households are only 54% of the state’s population. But no such move was made.)

Instead, by early June the governor and the Division of the Budget were already moving the property tax rebate checks out the door ahead of the Democratic primary that month. But the governor’s opponents weren’t really a threat. She easily defeated them, with 68% to Williams’ 19% and Suozzi’s 13%.

Couldn’t the governor have waited until October to send out checks? Couldn’t the governor and the Legislature have reworked the benefit to provide more relief after billions of new, unanticipated dollars had come in? Would just a handful more voters have awakened to vote for her and the local Democratic candidates if the checks had arrived right before the election, which was the original point?

Despite All, Competitive New York House Races, Like Many Across the Country, Were Very Close; 11 Nationally, Including 2 in New York, Were Decided by 1 Point or Less
Across the country, Republicans won seven House seats, including two in New York, by one point or less.

The Chair of the Democratic Congressional Campaign Committee, Rep. Sean Patrick Maloney, lost in the 17th congressional district in the Hudson Valley by 1,820 votes out of 285,000 cast, or 0.6%.

In New York’s 22nd congressional district, the Democrat also lost by 1% of the vote. In that race, with Republican incumbent John Katko retiring, Democrat Francis Conole lost to Republican Brandon Williams 50.5%- 49.5%, a margin of about 2,600 votes out of 268,000 cast. This seat was not one of the four in New York that Democrats held and lost; this was a pickup opportunity following a Republican retirement.

Elsewhere in the country, Democrats lost a chance at two seats, one in California and one in Colorado, by fewer than 600 votes each. Additionally, incumbent Democratic Rep. Cindy Axne in Iowa lost her seat by 0.7%; Democrats lost a vacant seat in Michigan by 0.5%; and fell just short of defeating Republican Rep. David Schweikert in Arizona by 0.9%.

Democrats also won four House seats by less than one point, in Colorado, Connecticut, New Mexico, and Washington.

4 More House Races, Including 2 in New York, Were Decided by 1-2 Points
Beyond Sean Patrick Maloney’s defeat to Republican Mike Lawler, Democrats also won one, and lost another, in close House races in New York’s Hudson Valley. In the 19th congressional district, vacated by Lieutenant Governor Antonio Delgado, who had won in 2018 and 2020, the Republican candidate, Dutchess County Executive Marc Molinaro defeated newcomer Democrat Josh Riley by 4,500 votes out of 287,000 cast, or 1.6%.

In the third of the competitive Hudson Valley congressional districts, Democrat Pat Ryan, running in the 18th district, eked out a narrow victory, winning by 3,600 votes, or 1.4%. (Ryan had defeated Molinaro in the August special election to finish Delgado’s term in the outgoing 19th congressional district, then Ryan ran in the new 18th and Molinaro in the new 19th in the regular election.)

In Arizona, Democrats lost a close race in the 6th congressional district to Juan Ciscomani, who won by 1.5%. In Pennsylvania, Democratic incumbent Susan Wild held on by two points in the 7th congressional district.

The Campaign, Results, and Turnout in the Governor’s Race
Final results from the State Board of Elections show Governor Hochul defeated Rep. Zeldin by about 378,000 votes out of 5.9 million cast, or 53.2%-46.8%., a margin of 6.4%.

She won in New York City 70%-30%, and lost by identical margins, 54%-46%, in the New York City suburbs (Nassau, Suffolk, Westchester, Rockland) and the rest of the state (Upstate/Western New York.

Rep. Sean Patrick Maloney, interviewed in The New York Times after his defeat, said Democratic candidates in the New York City suburbs could not overcome Hochul’s double-digit defeat in those areas of Long Island and the Hudson Valley, indicative of the backlash against crime inflamed by The New York Post and Fox News in the huge New York media market.

Zeldin had the strongest showing of a Republican candidate for Governor since George Pataki won his third term in 2002. The Democrats underestimated both Zeldin himself, the power of his anti-crime message, and the backlash against Democrats over inflation.

In defense of Governor Hochul, it was not likely she could match Cuomo’s 2018 margin, 59%-36%, against a weak candidate as he sought a third term in the first statewide election after Trump’s 2016 win. A Siena poll taken a few weeks after she took over in August 2021 showed 41% of New Yorkers did not have an opinion of her. Seven months later, with inflation raging as the state adopted its budget, another Siena poll showed she still faced strong headwinds: 40% of voters wanted to re-elect her, 45% of voters preferred someone else, and 15% weren’t sure.

Campaign messaging from Hochul and other Democrats was not weak: women’s right to bodily autonomy and a commitment to democracy had their own potency. How did the potency of Zeldin’s message versus the potency of Hochul’s message match up in the motivation to vote in those critical districts?

Nate Cohn, The New York Times chief political analyst, pointed to an Albany Times Union analysis of the vote across the state. This analysis showed that 63% of Republican and Conservative Party voters cast ballots in the 2022 general election, compared to 47% of Democrats, 37% of party-unaffiliated voters, and 45% of ‘other’ voters (most of whom are former members of the Independence Party).

Turnout was higher among Democrats and Republicans in the most competitive congressional districts, but Republican turnout was still well above Democratic levels.

Despite some critical mistakes and the power of Zeldin’s campaign, Democrats’ House losses in New York were about as close as can be. if the district lines had been slightly different, or if some of Democratic incumbents had chosen to stand their ground and run for re-election, Democrats might have held several seats they lost.

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Jim Brennan was a member of the New York State Assembly for 32 years, where he chaired four committees. On Twitter @JimBrennanNY.

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A New Year’s Resolution for New York: Cut Down on Alcohol-Fueled Problems with Mandatory Server Training


At the tap (photo: Governor's Office)


These days, safety is at the forefront of the consciousness of most New Yorkers. With New Year's Eve just around the corner – and the binge drinking that comes with it – alcohol-fueled accidents, crashes, injuries, and crime are an unfortunate inevitability. 

The bars and liquor stores that serve hard-partying New Yorkers need to recognize that there are serious responsibilities that come with their liquor licenses. In fact, their professionalism can mean the difference between life and death. 

I previously served as the Chair of the Public Safety Committee for Brooklyn’s Community Board 9 for three years. During those years, I found that most liquor licensees that came before us were unaware that it is illegal to sell alcohol to "any habitual drunkard" or anyone visibly drunk. Through numerous conversations with local law enforcement, I discovered the extent to which booze-powered incidents, accidents, and crime could be averted if these businesses would comply with the law.

For the most part, the fact that harm caused by an intoxicated customer — even in another location, hours later — could come back to haunt a vendor, was either unknown or ignored. 

Liquor licensees can protect themselves and their customers with Alcohol Server Training, a course, usually a couple hours, that educates vendors on the responsibilities and liabilities associated with serving alcohol.

Alcohol server training is critical for preventing underage drinking, reducing the risk of alcohol-related traffic crashes and other incidents, and preventing crime. It teaches servers to recognize when a patron has had too much to drink and to take appropriate action to protect themselves and their establishment from potential legal liability. By providing their employees with alcohol server training, businesses protect their customers from harm, and themselves from the potential legal and financial consequences.  

We looked at the statistics from the Mid Hudson Prevention Resource Center, which provides training and found that after taking the training nearly 100% of trainees responded on their questionnaire that the training should be mandatory. And why wouldn't they? Those few hours of training are a nearly effortless step in protecting individuals and businesses from liability and reducing some of the estimated 6,700 alcohol-related deaths New York suffers each year — but it’s not required in New York State.

As director of Operation Survival, a substance abuse prevention program, I joined a coalition of nonprofits that met with the State Liquor Authority to find out why this easy, low-cost preventive measure isn’t required in New York (as it is in other states like California) and discovered that mandating Alcohol Server Training would require state-level legislation. Until state government in Albany acts to make this training mandatory, Operation Survival is launching an awareness campaign, creating a variety of educational media and videos targeting liquor-serving businesses on the importance of Alcohol Server Training. 

Every industry has standards and certifications it requires of its practitioners to guarantee professionalism and quality. It simply doesn't make sense to have lower expectations of liquor licensees. Alcohol Server Training is a no-brainer for any responsible bar, restaurant, or liquor store and should be required by the State of New York.

***
Rabbi Yaacov Behrman is the director of Operation Survival, the founder of the Jewish Future Alliance, and a Chabad liaison. On Twitter @ChabadLubavitch.

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Fossil Fuel Front-Group Seeks to Halt New York’s Climate Progress


Rooftop solar (photo: Governor's Office)


It’s beyond dispute that the fossil fuel industry has perpetrated a multi-decade misinformation campaign that has led some policymakers, the media, and much of public opinion down a rabbit hole of climate denial. Now they’ve got their sights on New York State’s climate legislation and initiatives. 

The cynically dubbed front group “New Yorkers for Affordable Energy” has paid for attack ads against several key bills moving through the State Legislature, including the All-Electric Heat in New Construction bill, which would mandate electric heat in new buildings starting later this decade, and the Gas Transition and Affordable Energy bill, which would end customer subsidies for gas industry expansion and create cost protections for low- and moderate-income households. 

The New Yorkers for Affordable Energy website describes the group as “dedicated to supporting access to cleaner, reliable and affordable sources of energy for residential and business consumers.” However, in a filing with the Internal Revenue Service, the group describes its purpose as “to expand natural gas service [and] keep energy prices lower for consumers.” 

In the last six months, New Yorkers for Affordable Energy has released ads with misinformation that tell homeowners that retrofitting their homes would cost more than $20,000 and electric heating would cost 40% more than gas. The All-Electric bill creates a mandate for new construction only, not for existing buildings. Recent studies, like one by Win Climate, show that electric heat is cheaper than heat produced by propane, gas furnaces, or gas boilers in new homes. New Yorkers for Affordable Energy’s messaging stokes fear among consumers of higher energy bills, which is especially effective because of inflation and rising energy prices. 

A recent investigation by Little Sis found that ten fossil fuel companies and lobbying groups have spent more than $15.5 million on lobbying since 2016 and more than $1.4 million on campaign donations opposing climate action in New York. The American Petroleum Institute, an architect of climate denial, is on the steering committee of New Yorkers for Affordable Energy. Other New Yorkers for Affordable Energy members include utilities like National Grid, National Fuel Gas, and Central Hudson, as well as power plant lobbyists the Independent Power Producers of New York. 

Besides opposing the previously mentioned bills this legislative session, New Yorkers for Affordable Energy and its partners have also been working to thwart New York’s efforts to advance its vision for a clean energy future, pursuant to the Climate Leadership and Community Protection Act (CLCPA), New York’s nation-leading climate law passed in 2019. That law requires, among other mandates, that New York reduce greenhouse gas emissions by 40% by 2030 and 85% by 2050; and have a zero-carbon power sector by 2040.  

The ads released by New Yorkers for Affordable Energy are part of a larger disinformation campaign targeted at New Yorkers. For example, home fuel retailers have sent emails to their customers attacking electric heating and the CLCPA. Utility provider Central Hudson published explicit concerns regarding New York’s proposed plan for implementing the CLCPA, stating it would “significantly raise costs" and "potentially jeopardize grid integrity." And opinion pieces opposing the state’s climate plan have popped up in the Times Union, Crain’s NY Business, Newsday, NY Daily News, and Utility Dive – that spread misinformation about higher bills, job loss, and increased outages.

A range of essential state actions over the next several years — financed by a mix of ratepayer, state, and federal funds, along with sufficient subsidies and tax breaks — would make the transition feasible for consumers in existing buildings. Accordingly, Governor Hochul has already announced the creation of a dedicated green electrification fund to electrify low-income homes and advance the state's goals of creating green affordable housing. 

New York State must transform its power, transportation, and building sectors to meet the goals of its landmark climate law. These actions will improve air quality, protect public health, and reduce greenhouse gas emissions that exacerbate climate change. New York cannot allow the oil and gas industry, under the guise of front-groups, to undermine efforts and investments that address climate change. 

***
Richard Schrader is the New York Legislative and Policy Director for the Natural Resources Defense Council and Isabel Friedman is Program Coordinator for the Natural Resources Defense Council. On Twitter @NRDCNY_Rich@NRDC.

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The 20 Most-Read Op-Eds Published by Gotham Gazette in 2022


New Yorkers have a lot to say (photo: Michael Appleton/Mayor's Office)


Gotham Gazette publishes a wide range of guest op-ed columns by a diverse set of voices. Below are the 20 most-read op-eds published by Gotham Gazette in 2022.

Please note that the opinions expressed in these and other guest columns are those of the authors alone and not of Gotham Gazette, any of its staff, publisher, or partners. [Find the latest in the Opinion section here. Have a submission? Email This email address is being protected from spambots. You need JavaScript enabled to view it.]

1. New York Prisons Cut Crucial Lifeline to Incarcerated Individuals and Families Through Arbitrary Package Policy - by David Weprin & Julia Salazar

2. Tenants are Struggling; New York Needs Good Cause Eviction Now - by Julia Salazar & Jose Lopez

3. Who is NYC Chief Technology Officer Matthew Fraser and Will He Deliver What’s Desperately Needed? - by Devin Balkind

4. Mayor Adams, If NYC Schools are ‘Segregated Intentionally,’ Why Increase Segregation with More Admissions Screening? - by Christopher Bonastia

5. New York’s Housing Crisis is Worse Than Ever; It’s Time to Send in the Cavalry - by Jolie Milstein

6. How the Next Phase of the Second Avenue Subway Can Build a Better East Harlem - by Nicholas Dagen Bloom

7. Better Managing Public Space is Key to New York City’s Recovery - by Elizabeth Goldstein, Benjamin Prosky & Jackson Chabot

8. Who’s To Blame for Our NYC Teacher Health Care Debacle? - by Arthur Goldstein

9. Don't Believe the Hype; Bail Reform is Good Policy and Good Politics - by Jason Ortiz

10. Democrats Must Deliver for Asian-American Voters or Risk Losing More of Them - by Grace Lee & Trip Yang

11. Crypto-Mining is Gobbling Up New York's Precious Renewable Energy - by Charles Komanoff

12. It’s Time to Deliver Our Neighborhoods from Illegal Commercial Truck Parking - by Linda Lee, Nantasha Williams & Selvena Brooks-Powers

13. I Had A No-Cost Childbirth, Other New York Moms Should Be Able To Do The Same - by Shaunte Turner

14. Latinos, Hochul, and the 2022 Election for New York Governor - by Eli Valentin

15. How Our Parks Can Save Our City - by Shekar Krishnan

16. How ‘Gifted and Talented’ Shows the Failures of One Man Rule of Our Schools - by NeQuan McLean

17. We Don’t Need a ‘Plan B,’ Mayor Adams; New York City Needs You to Shut Rikers Down - by Yonah Zeitz

18. New York Must Brace for a Recession; Where Things Stand and What Comes Next - by Jim Brennan

19. The MTA Must Fix Its Defective Assessment of Congestion Pricing - by Charles Komanoff

20. New York Universities, It’s Time to Tear Down That Wall - by Brian Martindale

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Human Services Workers Keep New York City Running Even Over the Holidays; We Must Resolve to Compensate Them Fairly


Getting people fed (photo: Michael Appleton/Mayoral Photography Office)


In this season of gratitude and reflection, we are grateful for the unprecedented commitments that New York City and New York State are making to the people who perform the essential services of New York’s safety net.

Home care workers’ hourly wages increased by $2 in October, and New York City human services nonprofits are receiving $68 million earmarked for workforce investment. Our New York State contracts included a 5.4% wage increase, and the State’s Health Care Worker Bonus provided a one-time $3,000 payment for certain frontline health care workers in recognition of their service during the height of the pandemic.  

In the face of such bounty, one would expect nonprofit leaders to be full of joy. Yet, we are not. We are exhausted from many years of obstacles and non-response, confronting ever-steeper challenges to our ability to provide the life-saving and life-enriching care and services that New York promises to its residents.

As we prepare to spend the holidays with family and friends, many human services workers will spend them just as they do every other day: working to make New York a better place. After all, homeless shelters and food pantries do not close for the holidays. These workers are not being compensated enough for their tireless work. Our staff are paid far less than their counterparts in health care and other sectors with which we must compete for talent. In some instances, New York City employees’ compensation is better than what we can offer for directly comparable positions.    

Along with non-competitive salaries, human services staff deal with daily frustrations that detract from our ability to focus on providing quality services. These issues include operating in hazardous NYCHA program sites that are in serious disrepair, responding to city-funded auditors who dispute the validity of city-approved expenditures, and complying with increased documentation requirements under certain city contracts that will further extend already delayed city payments.

We are gratified that New York State responded to our advocacy and authorized a much-needed increase for Medicaid-funded home care personnel, and at the same time we are frustrated that the state is not fully reimbursing home care employers for this mandated expenditure. Home care agencies operate on razor-thin margins. Without rate increases commensurate with this wage increase and the statutory requirements that accompany it, we are stressed to identify funds to fulfill this requirement. 

So while we are grateful for recent city and state investments, we are not breathing easy. We face the continued stress of recruiting a caring and skilled workforce, retaining committed staff who over time have developed trusted relationships with vulnerable clients — relationships that enable staff to work effectively alongside community residents to resolve even very complex situations. We can’t talk about streamlining while simultaneously layering on new requirements and extending payment delays. We can’t clap for essential workers without closing the pay gap in a meaningful way. We can’t build a social care system on personal sacrifice and burnout.

In order to keep leading our organizations to be there for communities in need while battling the obstacles that sap our energy and tax our spirit, we need to have hope that these conditions are not permanent. We are hopeful that before we reach a crisis that rips unmendable tears in the safety net, we can come together to fashion real solutions. We have leaders in government who understand our struggles and value our work. We have nonprofit leaders who are creative and open to new ideas. We must all be prepared to make changes and seek compromises. Our communities demand and deserve nothing less from us. In this season of giving, we must give back to those who give to New York every day.

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Diane Louard-Michel is the Executive Director of Lantern Community Services. Myung Lee is the President and CEO of Volunteers of America-Greater New York, Inc. Kathryn Haslanger is the CEO of JASA. On Twiter @lanterncs & @VOAgny & @JASAseniors.

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