Plugged In @ Hinman Straub – June 7, 2019

What’s Inside

  • Senate Confirms Nominations
  • Senate Majority Leader Announces Support for All Nine Rent Laws
  • Governor Calls on Legislature Establish Special Prosecutor for Law Enforcement Involved in Death of a Civilian
  • Legislature Becomes First in the Nation to Ban Cat Declawing
  • Senate Passes a Package of Limo Safety Bills
  • Updates, Reminders, and Links
  • Coming Up

Senate Confirms Nominations

The Senate unanimously confirmed five more of the Governor’s nominations this week. Those confirmed this week are as follows:

  • Keith Corlett, Superintendent, State Police
  • Robert Williams, Executive Director, Gaming Commission
  • Mark Schroeder, Commissioner, Department of Motor Vehicles
  • Michael Hein, Commissioner, Office of Temporary and Disability Assistance
  • Cesar A. Perales, Trustee, State University of New York

Corlett, Williams, Schroeder, and Hein had all been serving in those posts in an acting capacity prior to confirmation. Cesar Perales will fill a vacancy on the SUNY board left by the retirement of Carl McCall. Perales is a former New York secretary of state and policy adviser to Cuomo. He also was an assistant secretary at the U.S. Department of Health and Human Services during President Jimmy Carter’s administration and a deputy mayor in New York City during the David Dinkins’ administration. 

Senate Majority Leader Announces Support for All Nine Rent Laws

This week Senate Majority Leader Andrea Stewart-Cousins pledged via press release enough conference support for the passage of a nine bill package dealing with rent regulations. “Following a long discussion within the Senate Majority Conference, it is clear that we have support for all nine priority housing bills. We have 11 days remaining before current rent regulations expire, and we will use that time to advance this legislation. We have committed to providing New Yorkers with the strongest housing protections in state history.” The nine bill package was put forward by the Assembly Speaker earlier in the year. The current rent regulations are due to expire on June 15th. The nine bill package includes the following bills:

  • Statewide Tenant Protection Act (S.5040/A.7046) – This bill will allow any municipality to opt in to the state’s system of regulating rents and evictions in buildings with six or more units constructed prior to 1974, after conducting a survey to determine if the vacancy rate is five percent or less. Currently these laws only apply in New York City as well as Rockland, Westchester, and Nassau Counties.
  • Prohibit eviction without good cause (S.2892a/A.5030) – This bill would prohibit a landlord from evicting a tenant without a good reason. Valid reasons, as outlined in the bill, include failure to pay rent —unless the failure was due to an “unconscionable” rent increase. “Unconscionable” is defined as increases more than 1.5 times the local inflation rate. Other valid reasons would include “the violation of a substantial obligation of the tenancy, committing or permitting a nuisance, permitting the premises to be used for an illegal purpose, or if, under certain conditions, the to be premises are to be personally occupied by the landlord or close relatives of the landlord as their primary residence.”
  • End vacancy decontrol (S.2591/A.1198) – This bill would repeal a provision of law that allows the permanent deregulation of a rent stabilized apartment if the rent exceeds $2,700 per month and becomes vacant.
  • Eliminate the “vacancy bonus” (S.185/A.2351) – This bill would repeal a provision of law that allows a landlord to increase the per month price of a rent stabilized unit by up to 20% upon the apartment becoming vacant. Raising the price of rent between tenants will be subject to the same rules as raising the price of an apartment during an uninterrupted occupancy.
  • Require preferential rent prices are maintained until a vacancy occurs (S.2845a/A.4349) – Currently, landlords are allowed to give a tenant a preferential rent, which is a price agreed to at the initial lease signing that is below the maximum allowable rent by law. Landlords, upon the renewal of a lease, can adjust the rent up to legal maximum allowable rate. This bill would require the preferential rate be carried through until a vacancy occurs.
  • End rent increases triggered by major capital improvements (S.3693/A.6322) – This bill eliminates the ability of a landlord to permanently raise rents on a rent-regulated apartment due to the addition of a building-wide improvement or replacement of a building system.
  • End rent increase triggered by individual apartment improvements (S.3770/A.6465) –  This bill would eliminate the ability of a landlord to permanently raise the rent of a rent-stabilized apartment due to repairs or renovations made to a specific apartment.
  • Eliminate the statute of limitations for the filing of an overcharge complaint (S.4169/A.5251) – Currently the statute of limitations for the filing of an overcharge complaint is four years.
  • Rent control and rent stabilization rate parity (S.299a/A.167) – This bill would cap the maximum rent increase on rent controlled apartments at the same rate as rent stabilized apartments. Rent controlled apartments are currently allowed to increase rent at a rate of 7.5% per year, while rent stabilized apartment rate are a determined by a board which utilizes a formula and evaluates a “wide range of economic factors to determine an appropriate increase” and can vary on a year to year basis. The rate increase for rent stabilized units is typically much lower than the rate increase for a rent controlled unit. 

Governor Cuomo responded in a statement:

“We are quickly coming to the end of the legislative session and there are a number of important issues where progress hangs in the balance. While there is much discussion and negotiation, clarity is of paramount importance at this point. Rent reform is one of the most important priorities. It expires in 10 days. The Assembly has put out nine rent reform bills. The Senate said yesterday that they have the votes to pass the nine rent reform bills. I call on the Senate to pass the bills today. I am ready to sign the bills if they pass. If they do not pass the bills today it means they cannot and New Yorkers should know the respective positions so we can pass a new law before the expiration of the existing rent law on June 15.”

Senate Minority Leader John Flanagan released a statement on the rent package:

“With less than three weeks left in this year’s legislative session, Democrats are seriously considering passage of the most sweeping rent control laws in New York’s history. Doing so would be a colossal mistake that would discourage investment, stifle growth, and undermine our state’s economy.

“While many New Yorkers support modest rent reforms, Democrats in the Senate and Assembly are not contemplating those kinds of changes. Instead, they are in serious discussions to extend rent control far beyond New York City to the suburbs and Upstate. The people who live there are not calling for changes to the state’s rent laws to apply to their communities, but still the New York City politicians who dominate the Legislature can’t help but bring their New York City-centric view to the rest of the state. And, while there is no housing crisis Upstate, passage of a bill that includes Upstate will surely create one.

“Worse still is the so-called “Good Cause” bill pending in the Senate, a draconian measure that would create virtual lifetime tenancy for apartment dwellers with only insignificant increases in rent. Under this legislation, owners would no longer be able make adjustments to the rent to reflect improvements made on the premises or an increase in property taxes. A renter could simply refuse to pay any proposed new rent and drag the owner to court, where he or she would have no real recourse. If this bill passes, no apartment owner will ever again seek to improve or modernize an existing facility or build a new one leading to blight, decay, and a collapse in property values in communities all throughout this state.

“The rent law changes Democrats are pushing in Albany go well beyond what is prudent and what is necessary, and would be disastrous for both Upstate and the New York City suburbs. It will lead to less affordable housing and less housing overall. It’s time for Democrats to step back and rethink what bringing rent control to our entire state really means.”

Governor Calls on Legislature Establish Special Prosecutor for Law Enforcement Involved in Death of a Civilian

This week the Governor called on the legislature to codify a 2015 Executive Order that establishes a special prosecutor to investigate cases of unarmed civilian deaths involving police officers. The Governor argued that the executive order was a temporary measure, to be in place only until a law could be passed to codify the practice. The Governor contends that now the legislature has clear Democratic majorities, this should be done.

The 2015 Executive Order #147:

E X E C U T I V E O R D E R

A SPECIAL PROSECUTOR TO INVESTIGATE AND PROSECUTE MATTERS RELATING TO THE DEATHS OF CIVILIANS CAUSED BY LAW ENFORCEMENT OFFICERS

WHEREAS, the Constitution of the State of New York obliges the Governor to take care that the laws of New York are faithfully executed; and 

WHEREAS, I have solemnly sworn, pursuant to Article 13, Section 1 of the Constitution, to support the Constitution and faithfully discharge the duties of the office of Governor; and

WHEREAS, there have been recent incidents involving the deaths of unarmed civilians that have challenged the public’s confidence and trust in our system of criminal justice; and

WHEREAS, public concerns have been raised that such incidents cannot be prosecuted at the local level without conflict or bias, or the public perception of conflict or bias; and

WHEREAS, it is necessary to ensure that a full, reasoned, and independent investigation and prosecution of any such incident is conducted without conflict or bias, or the perception of conflict or bias; and

WHEREAS, the foregoing compels me to conclude that my constitutional obligations provide that in cases where an issue of a real or perceived conflict of interest exists, and to ensure full confidence in our system of criminal justice, a special prosecutor should be appointed with respect to such incidents. Such appointment of a special prosecutor will supersede in all ways the authority and jurisdiction of a county district attorney to manage, interpret, prosecute or inquire about such incidents; and

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and particularly by subdivision 2 of section 63 of the Executive Law, hereby require the Attorney General (hereinafter, the “special prosecutor”) to investigate, and if warranted, prosecute certain matters involving the death of an unarmed civilian, whether in custody or not, caused by a law enforcement officer, as listed in subdivision 34 of section 1.20 of the Criminal Procedure Law. The special prosecutor may also investigate and prosecute in such instances where, in his opinion, there is a significant question as to whether the civilian was armed and dangerous at the time of his or her death; 

FURTHER, for any matter covered herein, the special prosecutor shall have the powers and duties specified in subdivisions 2 and 8 of section 63 of the Executive Law for purposes of this Order, and shall possess and exercise all the prosecutorial powers necessary to investigate, and if warranted, prosecute the incident. The special prosecutor’s jurisdiction will displace and supersede the jurisdiction of the county district attorney where the incident occurred; and such county district attorney shall have only the powers and duties designated to him or her by the special prosecutor as specified in subdivision 2 of section 63 of the Executive Law; 

FURTHER, for any matter covered herein, the special prosecutor shall conduct a full, reasoned, and independent investigation including, but not limited to, (i) gathering and analyzing evidence, (ii) conducting witness interviews, and (iii) reviewing investigative reports, scientific reports, and audio and video recordings;

FURTHER, for any matter covered herein, the special prosecutor shall, (i) attend in person, a term or terms of the County or Supreme Court to be held in and for the County of such appropriate jurisdiction consistent with this Order, (ii) appear in person before any grand jury drawn for any term(s) of said court, for the purpose of conducting any and all proceedings, examinations, and inquiries, and (iii) bring any and all criminal actions and proceedings which may be had or taken before said grand jury and other grand juries concerning or relating to any and all alleged unlawful acts as described by this Order;

FURTHER, for any matter covered herein, the special prosecutor will provide to me, or my designee, a report on all cases where, (i) the special prosecutor declines to present evidence to a grand jury regarding the death of a civilian as described in this Order, whether in custody or not, allegedly caused by a law enforcement officer, or (ii) the grand jury declines to return an indictment on any charges. The report will include, to the extent possible and lawful, an explanation of that outcome and any recommendations for systemic reform arising from the investigation. 

This Executive Order shall continue until modified, suspended or terminated by the Governor.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this eighth day of July in the year two thousand fifteen.

BY THE GOVERNOR 

Legislature Becomes First in the Nation to Ban Cat Declawing

This week the Senate and Assembly passed a package of bills to commemorate animal advocacy day. Chief among the bills passed was a ban on the practice of declawing cats. If signed into law, New York will become the first state in the nation to ban the practice. Violators would face a $1,000 fine. The bill has not yet been delivered to the Governor for approval.

Senate Passes Package of Limo Safety Bills

This week the Senate passed a package of bills aimed at increasing limousine safety in the wake of two recent tragedies that together killed 24 people. The news laws, if passed by the Assembly and signed by the Governor, would require drivers go through drug and alcohol testing and obtain a commercial driver’s license with a passenger endorsement, require seat belt for limos with nine or more passengers, increase penalties for illegal U-turns, require GPS systems, and would create a phone app that would allow people to file complaints about problem limos. In addition, a task force would be created to look into further safety enhancements.   

Updates, Reminders, and Links

 

City & State NY’s Winners and Losers here.

Crain’s NY Business: 50 Most Powerful Women in New York here.

City & State NY’s Queens District Attorney endorsement tracker here.

Cuomo on Chartock (6/6/19) here.

Cuomo on Chartock (6/7/19) here.

Belmont Stakes: Post positions, odds etc. here.

Coming Up

The Senate Committee on Transportation will hold a public hearing to examine the legalization of E-Bikes and E-Scooters on June 7th.

The PSC will hold its next meeting on June 13th.

The Assembly Committee on Social Services will hold a public hearing on public assistance requirements on June 17th.

The Assembly Committees on Corporations, Authorities and Commissions and Consumer Affairs and Protection will hold a joint public hearing on robocalls, spoofing and nuisance calls on a date to be determined (originally schedule for June 17th but postponed).

JCOPE will hold its next meeting on June 25th.