Plugged In @ Hinman Straub

February 1, 2021

What’s Inside

  • Attorney General Releases Report on Nursing Home Response to COVID-19
  • Senate Report Urges Undercover Testing, Higher Fines to Combat Housing Bias
  • Assembly Forms COVID Economy Working Group
  • Comptroller Releases Preliminary Analysis of Executive Budget
  • Attorney General to Review Robinhood App Trade Restrictions
  • Reminders and Links
  • Coming Up

Attorney General Releases Report on Nursing Home Response to COVID-19

Attorney General Letitia James released a report on her office’s ongoing investigations into nursing homes’ responses to the COVID-19 pandemic. News reports have largely focused on the Department of Health’s (DOH) published nursing home death data, which the report suggests may have been undercounted by as much as 50 percent.

The report can be viewed in its entirety here.

The DOH Commissioners response can be viewed in its entirety here

Senate Report Urges Undercover Testing and Higher Fines to Combat Housing Bias

The State Senate issued an investigative report on fair housing and discrimination on Long Island this week. The investigation was spurred by a Newsday report that sent undercover individuals to record conversations with real estate brokers and found that some directed minority potential homebuyers toward homes in neighborhoods with comparatively higher concentrations of minority residents and that agents sometimes required preapproved mortgages from minority customers but not in other instances.

The Senate investigation began in 2019 and entailed two public hearings, one of which required the use of subpoenas to compel the testimony of real estate brokers and agents accused of discriminatory behavior by Newsday, as well as executives of their brokerage firms. The Senate plans to move legislation to address the issues discovered by Newsday and its own investigation in the coming weeks.

Major recommendations included in the report include:

  • Require the Office of Attorney General to oversee undercover testing to see if agents are complying with anti-discrimination laws.
  • Increase the semiannual brokers’ fee by $30 and semiannual agents’ fee by $10 to generate revenue to pay for testing initiative.
  • Require an additional two hours of training on fair-housing laws for new agents. Require realty office managers to take fair-housing training, the same as brokers, to ensure supervisors are aware of the laws.
  • Increase the maximum fine to $2,000 for fair-housing violations and allow someone to pursue punitive or compensatory damages through state Division of Human Rights proceedings.
  • Standardize operating procedures, such as determining whether preapproved mortgages are needed.
  • Mandate collection and reporting of demographic data of applicants, matching a federal requirement on mortgages.

Discontinue the video recording of fair-housing training courses which is claimed to hinder open dialogue.

Assembly Forms COVID Economy Working Group

Speaker Carl Heastie announced the formation of the COVID Economy Work Group that will focus on developing policies to help the state transition toward recovery. The working group will be led by co-chairs Assemblyman Al Stirpe and Assemblyman Harry Bronson.

Members of the work group are as follows:

  • Al Stirpe, chair, Committee on Small Business
  • Harry Bronson, chair, Committee on Economic Development
  • Edward C. Braunstein, chair, Committee on Cities
  • Latoya Joyner, chair, Committee on Labor
  • Donna Lupardo, chair, Committee on Agriculture
  • John T. McDonald III, chair, Committee on Oversight, Analysis and Investigation
  • Steven Otis, chair, Committee on Science & Technology
  • Victor Pichardo, chair, Committee on Banks
  • Fred W. Thiele, Jr., chair, Committee on Local Governments

Speaker Heastie said:

“The COVID-19 pandemic has taken a devastating toll on our state. Thousands of New Yorkers have died. Millions lost their jobs. And it fundamentally changed the way we live and do business. This working group will provide a venue to identify the many voices that are struggling to reach state and other levels of government to communicate their immediate and long term needs, and allow us to develop a long term strategy reflective of the true needs of the workforce and businesses across the state.”

Comptroller Releases Preliminary Analysis of Executive Budget

State Comptroller Thomas DiNapoli issued a preliminary report on the Executive Budget proposal this week. The report backs the Governor’s position that significant federal aid is needed. The Comptroller’s analysis states that the use of federal funds to pay for operating expenses that are typically covered by the General Fund could lead to greater out-year gaps. The Comptroller also questioned the need for certain debt proposals contained in the Governor’s budget.

The report also notes that the budget reflects the expectation that the state will be allocated an additional $6 billion in unrestricted federal relief and stimulus aid over the next two fiscal years. The budget would be deemed “unbalanced” if less than $3 billion is received as of Aug. 31, 2021. If that occurs, spending from local assistance appropriations would then be withheld across-the-board by the budget director, with certain exceptions.

The Comptroller said:

“The pandemic has caused unimaginable suffering and loss, and its ongoing toll is dauntingly unquantifiable as the crisis rages. As the proposed budget makes clear, New York has been hit hard. The consequences of the pandemic will be with us for a long time and federal funds have been essential in shoring up the state’s finances, but more is needed. While the outlook for state tax revenues has improved somewhat, any shortfall in anticipated federal assistance would drive undesirable budgetary choices that hurt New Yorkers.”

Attorney General to Review Robinhood App Trade Restrictions

The Attorney General announced in a brief statement that her office was reviewing the limits on trading put in place by the app Robinhood after users drove stocks like GameStop and AMC to record highs. The controversy stems from a flood of retail investors utilizing the Robinhood app to purchase large amounts of stock to manipulate market value in response to hedge funds that had bet against the companies. The Attorney General said that her office was “aware of concerns raised regarding activity on the Robinhood app, including trading related to the GameStop stock. We are reviewing this matter.”

Reminders and Links

City & State NY’s Weekly Winners and Losers here.

More than 40 lawmakers oppose Medicaid prescription drug change.

Legal marijuana’s promises of social equity and justice ring hollow.

Coming Up

*POSTPONED – TBD* The Senate hold a public hearing to examine key issues that impacted the 2020 Primary and General Elections, including the overall administration of elections, early voting, absentee, ballots, and board of elections reforms on January 29.

The Board of Regents will hold their next meeting on February 3.

The Public Service Commission will hold its next meeting on February 11.

JCOPE will hold its next meeting on February 23.

The Senate will hold a public hearing to hear about the difficulties of taxi drivers and livery drivers across New York State on February 25.

Budget Hearing Schedule

Housing

Tuesday, February 2 – 9:30 A.M. (Direct requests to testify to Assembly)

Workforce

Tuesday, February 2 – 1:00 P.M. (Direct requests to testify to Senate)

Higher Education

Thursday, February 4 – 9:30 A.M. (Direct requests to testify to Assembly)

Mental Hygiene

Friday, February 5 – 9:30 A.M. (Direct requests to testify to Senate)

Human Services

Tuesday, February 9 – 9:30 A.M. (Direct requests to testify to Assembly)

Public Protection

Wednesday, February 10 – 9:30 A.M. (Direct requests to testify to Senate)

Local Government

Thursday, February 11 – 9:30 A.M. (Direct requests to testify to Assembly)

Economic Development

Tuesday, February 23 – 9:30 A.M. (Direct requests to testify to Senate)

Taxes

Tuesday, February 23 – 1:00 P.M. (Direct requests to testify to Assembly)

Health

Thursday, February 25 – 9:30 A.M. (Direct requests to testify to Senate)