TUESDAY, MAY 15, 2018 10:30 A.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, MAY 14TH.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I MOVE

NYS ASSEMBLY MAY 15, 2018

TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY

14TH, AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MR. MORELLE.

MR. MORELLE: THANK YOU VERY MUCH, MR.

SPEAKER. LADIES AND GENTLEMEN, I WILL GIVE SOME DIRECTION ON OUR

SCHEDULE IN JUST A MOMENT. BUT I DO WANT TO NOTE THAT ON THIS DAY IN

1970, PRESIDENT RICHARD NIXON APPOINTED COLONEL ELIZABETH P.

HOISINGTON AND COLONEL ANNA MAE HAYS AS BRIGADIER GENERALS, MAKING

THEM THE FIRST WOMEN EVER TO ACHIEVE THE RANK IN THE HISTORY OF THE

UNITED STATES MILITARY.

AND UNDER THE HEADING OF "DID YOU KNOW," DID YOU

KNOW THAT THE FIRST FARM BUREAU WAS CREATED IN 1911 IN BROOME

COUNTY? THAT PART OF THE DISTRICT WAS LOCATED IN THE 122ND ASSEMBLY

DISTRICT REPRESENTED BY MR. CROUCH. A FARMHAND NAMED JOHN BARRON

SERVED AS THE FIRST REPRESENTATIVE OF THE BROOME COUNTY FARM BUREAU,

WHICH WAS OVERSEEN BY THE BINGHAMTON CHAMBER OF COMMERCE FROM

1911 TO 1914. IN 1914, THE BUREAU BEGAN TO OPERATE INDEPENDENTLY OF

THE CHAMBER, AND SOON FARM BUREAUS WERE CREATED ALL OVER THE

COUNTRY. TODAY, THOUSANDS OF MEMBERS MAKE UP THE AMERICAN FARM

BUREAU TO HELP ADVOCATE FOR AGRICULTURAL EDUCATION, FUNDING AND

SUPPORT.

WITH THAT LITTLE BIT OF HISTORY, MR. SPEAKER, LET'S MAKE

A LITTLE OF OUR OWN TODAY. MEMBERS HAVE ON THEIR DESKS A MAIN

NYS ASSEMBLY MAY 15, 2018

CALENDAR AND A DEBATE LIST. AFTER ANY INTRODUCTIONS, AND IF YOU HAVE

HOUSEKEEPING, WE WILL CONTINUE OUR CONSENT OF THE NEW BILLS ON THE

MAIN CALENDAR BEGINNING WITH CALENDAR NO. 857, WHICH IS LOCATED ON

PAGE 79. WE WILL ALSO WORK FROM THE DEBATE LIST, INCLUDING TAKING UP A

NUMBER OF THE HOUSING BILLS WHICH WE BEGAN YESTERDAY AFTERNOON.

MEMBERS OF THE FOLLOWING COMMITTEES SHOULD BE PREPARED, AS WE WILL

BE CALLING COMMITTEES FROM THE FLOOR. THAT WILL INCLUDE THE

GOVERNMENTAL EMPLOYEES COMMITTEE, THE HEALTH COMMITTEE, LOCAL

GOVERNMENTS, ENVIRONMENTAL CONSERVATION AND WAYS AND MEANS. SO,

AGAIN, IF YOU'RE A MEMBER OF ANY OF THOSE COMMITTEES, PLEASE PAY

SPECIAL ATTENTION TO NOTICES FROM THE DESK.

SO, WITH THAT, MR. SPEAKER, AS AN OUTLINE OF OUR WORK

THIS AFTERNOON, IF THERE ARE ANY INTRODUCTIONS AND HOUSEKEEPING, THIS IS

THE TIME TO TAKE THEM UP.

ACTING SPEAKER AUBRY: CERTAINLY. AN

INTRODUCTION FROM MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. IT'S MY GREAT PLEASURE TO INTRODUCE SEVERAL MEMBERS OF OUR

VOLUNTEER FIRE SERVICE FROM CHAUTAUQUA COUNTY WHO HAVE MADE THE

DRIVE SAFELY HERE. AND IT'S SUCH -- SUCH A PLEASURE FOR ALL OF US WHEN

WE DEAL WITH EXPERTS IN ANY FIELD, AND CERTAINLY, THESE INDIVIDUALS ARE

EXPERTS IN THE FIRE SERVICE, IN EMERGENCY MANAGEMENT. AND THEY CAME

HERE TO BRING ME UP TO SPEED ON PENDING BILLS. SO IF I ASK ANY

INTELLIGENT QUESTION ON ANY OF THESE BILLS, YOU KNOW WHO TO BLAME OR

WHO TO GIVE CREDIT TO. SO, JOINING US TODAY FROM MY COUNTY, JOHN

NYS ASSEMBLY MAY 15, 2018

GRIFFEN, MIKE VOLPE, JULIUS LEONE, BURT SWANSON, AND LARRY BARTER.

PLEASE EXTEND THE GREETINGS AND CORDIALITIES OF THE

HOUSE TO THESE GREAT LEADERS IN OUR VOLUNTEER FIRE SERVICE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, ALSO MS. -- MS.

WALLACE, THE -- WE WELCOME YOU HERE TO THE NEW YORK ASSEMBLY. WE

EXTEND TO YOU TO YOU THE PRIVILEGES OF THE FLOOR, COMMEND YOU ON THE

WORK THAT YOU'RE DOING TO KEEP YOUR COMMUNITY SAFE. THANK YOU FOR

THE VOLUNTEER TIME THAT YOU PUT IN, AND CERTAINLY OUR APPRECIATION, AND

HOPE THAT YOU CAN CONTINUE THAT GREAT WORK. THANK YOU, AND I HOPE

YOU ENJOY THE SESSION TODAY.

(APPLAUSE)

MR. DENDEKKER FOR AN INTRODUCTION.

MR. DENDEKKER: THANK YOU, MR. SPEAKER. I JUST

WANT TO REMIND EVERYBODY TODAY IS A VERY, VERY IMPORTANT DAY. IT IS

THE DAY FOR US TO DEFEND OUR TROPHY IN BASKETBALL. TONIGHT AT 6:00 P.M,

THE GAME IS ON BETWEEN MEMBERS OF THE LEGISLATURE AND THE LEXINGTON

SCHOOL FOR THE DEAF. THESE YOUNG BOYS AND GIRLS THAT ARE COMING HERE

TONIGHT ARE COMING TO TAKE BACK THIS TROPHY (INDICATING), AND I NEED

EACH AND EVERY ONE OF YOU THERE TONIGHT TO HELP CHEER ON THE TEAM SO

WE CAN RETAIN AND TEACH THESE YOUNGUNS THAT WE MEAN BUSINESS.

(LAUGHTER)

SO TONIGHT AT 6:00 P.M. AT THE TECH VALLEY MIDDLE

SCHOOL AT 321 NORTHERN BOULEVARD, YOU ARE WELCOME TO CHEER ON THE

TEAM AND OUR COACH, JEFF AUBRY.

NYS ASSEMBLY MAY 15, 2018

LADIES AND GENTLEMEN, I'LL SEE YOU ALL TONIGHT!

(APPLAUSE)

ACTING SPEAKER AUBRY: THANK YOU, MR.

DENDEKKER. I THINK.

(LAUGHTER)

(PAUSE)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. HAD I

ONLY KNOWN, I WOULD HAVE NOTED ON THIS DAY IN HISTORY THE FIRST

INTRODUCTION OF AN INANIMATE OBJECT ON THE FLOOR OF THE NEW YORK STATE

ASSEMBLY. BUT, WELL WORTH IT, I'M SURE.

BEFORE WE GO TO BILLS, LET'S TAKE UP RESOLUTIONS ON

PAGE 3, BEGINNING WITH ASSEMBLY RESOLUTION NO. 1181 BY MR.

PICHARDO. I UNDERSTAND HE WISHES TO BE HEARD ON THE RESOLUTION.

ACTING SPEAKER AUBRY: MR. -- FIRST, MR.

GOODELL FOR AN INTRODUCTION BEFORE WE TAKE UP THE RESOLUTIONS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. I LOOKED BACK, AND IT WAS ALMOST LIKE DÉJÀ VU TO SEE

ASSEMBLYWOMAN JANET DUPREY SITTING IN THE SAME SEAT THAT SHE SAT IN

FOR YEARS HERE IN THE ASSEMBLY. IT ALMOST FELT LIKE A HOMECOMING TO

SEE HER. I'M SO DELIGHTED THAT JANET HAS JOINED US AGAIN FOR TODAY. AND

PLEASE EXTEND THE CORDIALITIES OF OUR CHAMBER TO MRS. DUPREY.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, THE SPEAKER AND ALL OF US, JANET, ALWAYS WELCOME TO

SEE YOU HERE. FORMER MEMBER, YOU ARE -- ALWAYS HAVE THE PRIVILEGES

NYS ASSEMBLY MAY 15, 2018

OF THE FLOOR, AND WE ARE ALWAYS SO HAPPY THAT YOU HAVE HAD A CHANCE TO

JOIN US. GOOD TO SEE YOU. THANK YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 1181, MR.

PICHARDO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM -- DECLARE MARCH 11TH, 2018 TO APRIL

12TH, 2018 AS GARIFUNA-AMERICAN HERITAGE MONTH IN THE STATE OF NEW

YORK.

ACTING SPEAKER AUBRY: MR. PICHARDO ON THE

RESOLUTION.

MR. PICHARDO: WELL, FIRST OF ALL, THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS AND TALK ABOUT

THIS ILLUSTRIOUS COMMUNITY THAT I HAVE THE HONOR OF REPRESENTING ALONG

WITH A LOT OF MY COLLEAGUES IN THE COUNTY OF THE BRONX. FIRST OF ALL,

TODAY WE ARE CELEBRATING GARIFUNA-AMERICAN HERITAGE MONTH, NOT ONLY

IN ALBANY, BUT IN THE STATE OF NEW YORK. AND I'LL JUST SPEAK A LITTLE BIT

ABOUT THE ACCOMPLISHMENTS AND EVERYTHING THAT THE GARIFUNA

COMMUNITY NOT ONLY MEANS TO THE BRONX, BUT TO THIS STATE. THEY HAVE

SCHOLARS, THEY HAVE CAPTAINS OF INDUSTRY, THEY HAVE COMMUNITY LEADERS.

FOLKS WHO REALLY DECIDE AND REALLY PUSH THE IDEA OF MAKING SURE THAT IF

A COMMUNITY SUCCEEDS, EVERYBODY SUCCEEDS. AND I UNDERSTAND THEY'RE

ON THEIR WAY TO THE CHAMBERS RIGHT NOW TO HEAR US TALK ABOUT THIS

RESOLUTION. AND SOME OF MY COLLEAGUES FROM THE BRONX COUNTY WILL

NYS ASSEMBLY MAY 15, 2018

BE TALKING ON THIS RESOLUTION AS WELL, BUT I WANT TO TAKE THIS OPPORTUNITY

TO RECOGNIZE THE ACCOMPLISHMENTS AND THE CONTRIBUTIONS OF THIS

WONDERFUL COMMUNITY THAT THEY CALL -- THAT THEY CALL THE BRONX HOME.

SO AGAIN, MR. SPEAKER, I -- I ASK FOR MY COLLEAGUES'

INDULGENCE IN HELPING US PASS THIS RESOLUTION AND CELEBRATING A

COMMUNITY THAT NOT ONLY MEANS SO MUCH TO ME PERSONALLY, BUT ALSO

THAT HAS DONE SO MUCH FOR THE STATE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. FERNANDEZ ON THE

RESOLUTION.

MS. FERNANDEZ: GOOD MORNING, MR. SPEAKER,

AND EVERYONE IN THE CHAMBER. THANK YOU SO MUCH FOR ALLOWING ME TO

SPEAK ON THIS RESOLUTION. I JOIN WITH ASSEMBLYMEMBER PICHARDO AND

OTHERS IN RECOGNIZING THE GARIFUNA-AMERICAN HERITAGE MONTH, AND I

CELEBRATE WITH THEM FOR BEING HERE TODAY. MEMBERS OF THE GARIFUNA-

AMERICAN HERITAGE PAY TRIBUTE TO THE COMMON CULTURE AND BONDS OF

FRIENDSHIP THAT UNITE THE UNITED STATES AND THE GARIFUNA COUNTRIES OF

BELIZE, GUATEMALA, HONDURAS, NICARAGUA, ST. VINCENT AND THE

GRENADINES. THE GARIFUNA-AMERICAN MONTH PROVIDES AN OPPORTUNITY

FOR US TO RECOGNIZE THE SIGNIFICANCE OF THEIR CONTRIBUTIONS TO THE QUALITY

AND CHARACTER OF LIFE, AND THROUGH THE MANY EVENTS AND ACTIVITIES

THROUGHOUT THE MONTH FOR ALL THE PEOPLE TO GAIN A GREATER APPRECIATION

OF GARIFUNA HERITAGE (SIC) MONTH. I AM VERY GRATEFUL AND HAPPY TO

HAVE THEM COME HERE TODAY. HOPEFULLY, THEY'LL BE WALKING IN ANY

MINUTE. AND CONGRATULATIONS ON THE ACKNOWLEDGEMENTS.

THANK YOU.

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: MR. TAYLOR.

MR. TAYLOR: I RISE JUST TO ALSO SUPPORT THE

RESOLUTION. AND ONE OF THE THINGS -- THE GARIFUNA GROUP IS ONE OF THE

FASTEST-GROWING PEOPLE GROUP IN NEW YORK CITY, AND WE SERVE IN THE

SAME CHURCH. SO, I EXTEND A WARM WELCOME, AND I WOULD OFFER THE

SUPPORT, AS MY COLLEAGUES HAVE ALREADY BROUGHT UP, THAT YOU WOULD

WELCOME THEM HERE TODAY. AND THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MR. CRESPO.

MR. CRESPO: THANK YOU, MR. SPEAKER. I -- I ALSO

RISE TO WELCOME AND CELEBRATE THE GARIFUNA COMMUNITY THAT IS

REPRESENTED HERE TODAY. THERE WILL BE A --AN EVENT LATER TONIGHT FOR

FOLKS TO GET TO KNOW THIS INCREDIBLE GROUP OF PEOPLE, WHO, THROUGHOUT

THEIR HISTORY, HAVE BEEN ABLE TO MAINTAIN THEIR CULTURE, THEIR LANGUAGE,

THEIR RELIGION. THEIR -- THEIR SOCIETY HAS STAYED TOGETHER DESPITE THE

CHALLENGES. THIS IS A GROUP OF PEOPLE IN THEIR HISTORY WHO HAVE NEVER

BEEN COLONIZED. THEY HAVE DISBURSED, BUT REMAINED TRUE TO THEIR

HERITAGE AND WHO THEY ARE. THEY HAVE MADE AN INCREDIBLE MARK IN OUR

COMMUNITIES. THEY ARE A SIGNIFICANT AND GROWING POPULATION IN THE

BOROUGH OF THE BRONX, AND WE HAVE SEEN THEIR CONTRIBUTIONS TIME AND

TIME AGAIN. THEY'RE A -- A BEAUTIFUL CULTURE, A BEAUTIFUL GROUP OF

PEOPLE WHO GIVE SO MUCH BACK. AND I'M -- I'M GRATEFUL THAT WE HAVE

DEVELOPED THE RELATIONSHIP THAT WE HAVE. WE HOSTED AN EVENT CALLED

ABRAZO GARIFUNA, WHERE WE CELEBRATE AND RECOGNIZE LEADERS WITHIN THE

COMMUNITY. AND -- AND AS MANY OF YOU KNOW, AND MAYBE HAVE HEARD

ALREADY, IT IS INTERESTING THAT MANY FOLKS DID NOT EVEN KNOW THAT THE

NYS ASSEMBLY MAY 15, 2018

GARIFUNA COMMUNITY EXISTED. IT WASN'T UNTIL A TRAGEDY IN THE BRONX,

THE FAMOUS -- INFAMOUS HAPPY LAND FIRE, A NIGHTCLUB THAT WAS BURNED

TO THE GROUND WITH OVER 100 INDIVIDUALS, MEMBERS OF THE GARIFUNA

COMMUNITY, WHO PERISHED THAT NIGHT. AND IT IS THROUGHOUT THAT

INCIDENT THAT MANY FOLKS CAME TO REALIZE THAT THE GARIFUNA COMMUNITY

EXISTED AND WHAT THEIR HISTORY WAS. AND IF YOU HAVEN'T READ OR IF YOU

HAVEN'T HEARD, YOU REALLY SHOULD LOOK IT UP. IT'S A UNIQUE COMMUNITY,

BUT ONE THAT CONTRIBUTES TREMENDOUSLY. AND THEY ARE PROUD CITIZENS,

THEY ARE PROUD AMERICANS, BUT THEY ARE MORE THAN EVERYTHING --

ANYTHING, PROUD GARIFUNAS, AND TODAY WE CELEBRATE THEM AND THANK

THEM FOR THEIR CONTRIBUTIONS.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. -- MR. BARRON ON

THE RESOLUTION.

MR. BARRON: THANK YOU, MR. SPEAKER. I RISE TO

HONOR THE GARIFUNA COMMUNITY, AND NOT ONLY HAVE -- FOR WHAT THEY'VE

DONE HERE IN NEW YORK CITY AND THE BRONX, BUT WHAT THEY MEAN TO US

HISTORICALLY. A LOT OF PEOPLE, WE UNDERSTAND ABOUT THE HAITIAN

REVOLUTION AND WHAT ALL OF THE HAITIAN REVOLUTIONARIES MEANT TO US. BUT

THERE'S ALSO A MAN BY THE NAME OF JOSEPH CHATOYER, A REVOLUTIONARY OF

THE BLACK CARIB WARS, OF THE GARIFUNA WARS THAT LED TO ALL OF US

THINKING ABOUT LIBERATION AND FREEDOM BECAUSE OF THE SHINING EXAMPLE

THAT THE GARIFUNA PEOPLE EXHIBITED DURING THEIR FIGHTS AGAINST THE

BRITISH AND THE FRENCH. THEY STOOD UP FOR FREEDOM. THEY'RE NOT

TALKED ABOUT ENOUGH IN HISTORY AS OTHERS ARE, BUT IT IS YOUR EXAMPLE

NYS ASSEMBLY MAY 15, 2018

THAT LED TO A LOT OF ENSLAVED PEOPLE ON THE PLANTATIONS OF AMERICA --

LIKE HARRIET TUBMAN AND NAT TURNER AND OTHERS -- TO RISE UP AND FIGHT

FOR FREEDOM. SO NOT ONLY DO WE HONOR YOU FOR WHAT YOU'VE DONE

PRESENTLY, BUT FOR WHAT YOU MEAN TO US HISTORICALLY AS AN AFRICAN

PEOPLE, BECAUSE WE ARE ALL ONE AFRICAN PEOPLE, NO MATTER WHERE WE'VE

COME FROM. AS DR. JOHN HENRIK CLARKE SAID, WE'RE NOT WHO WE ARE

BASED UPON WHERE THE BOATS DROPPED US OFF, BUT WE'RE WHO WE ARE

BASED UPON WHERE THE BOATS PICKED US UP FROM. AND THAT WAS AFRICA.

WE ARE ONE PEOPLE. WE HONOR YOU TODAY.

SO I STAND TODAY TO JOIN MY COLLEAGUES IN HONORING A

GREAT HERITAGE OF AN AFRICAN PEOPLE WHO WERE FREEDOM FIGHTERS, WHO

RESISTED AND WON. CONGRATULATIONS.

(APPLAUSE)

MS. BICHOTTE ON THE RESOLUTION.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THIS RESOLUTION. I WOULD LIKE TO THANK THE

SPONSOR FOR INTRODUCING THIS RESOLUTION COMMEMORATING

GARIFUNA-AMERICAN HERITAGE MONTH. I WANT TO SAY HELLO TO ALL OF YOU,

TO MY BROTHERS AND SISTERS, MY GARIFUNA BROTHERS AND SISTERS. AS A

HAITIAN-AMERICAN, A DESCENDENT OF -- OF AFRICAN LIBERATORS, I SHARE

WITH YOU THE LOVE AND THE SPIRIT OF WHICH YOU COME IN TODAY. AND SO I

JOIN MY COLLEAGUES IN OPENING AND WELCOMING YOU HERE TODAY IN THE

ASSEMBLY. WE THANK YOU FOR THE HISTORY, FOR THE LOVE. FOR THE

PRECEDENCE THAT YOU AND MY ANCESTORS, ALL OF US TOGETHER AS ONE, AS AN

AFRICAN PEOPLE, AS OUR COLLEAGUE HAD MENTIONED EARLIER, TO MAKE US

NYS ASSEMBLY MAY 15, 2018

WHO WE ARE TODAY; FREE AND LIBERATE (SIC).

SO, WE THANK YOU, WE HONOR YOU, AND WE LOVE YOU,

TOO. THANK YOU.

(APPLAUSE)

MR. LENTOL ON THE RESOLUTION.

MR. LENTOL: THANK YOU, MR. SPEAKER. I WANT TO

JOIN MY COLLEAGUE FROM BROOKLYN AND ALSO ALL OF MY FRIENDS FROM THE

GARIFUNA COMMUNITY WHO ARE HERE. FOR THE PAST SEVERAL YEARS, I'VE

BEEN ABLE TO JOIN YOU AT YOUR FESTIVITIES WITH A GREAT DEAL OF FANFARE.

AND MORE IMPORTANT THAN ANYTHING ELSE, THE JOY THAT I FOUND IN

CELEBRATING WITH THIS COMMUNITY HAS BEEN TREMENDOUS. AND I WANT TO

THANK MR. CRESPO AND MR. PICHARDO AND FORMER SENATOR DIAZ, WHO'S

NOW A COUNCIL MEMBER, FOR INVITING ME TO THIS WONDERFUL CELEBRATION

OF THOSE FOLKS FROM THE BRONX WHO WILL NEVER BE FORGOTTEN TO ANY OF US

HERE IN THE NEW YORK STATE ASSEMBLY.

WOULD YOU PLEASE WELCOME THEM, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BLAKE ON THE

RESOLUTION.

MR. BLAKE: THANK YOU, MR. SPEAKER, AND -- AND

COLLEAGUES. IT -- IT IS ALWAYS A JOY TO SEE OUR SISTERS AND BROTHERS FROM

THE GARIFUNA COMMUNITY. ANY TIME I SEE JOSE AND ROSEMARY AND

EVERYONE WHO HAS BEEN SUCH GREAT ALLIES REPEATEDLY, WHEN YOU THINK

ABOUT THEIR RESPECTIVE CULTURE, OF COURSE WHETHER IT BE HONDURAS AND

ST. VINCENT AND ALL COLLECTIVELY, WE'RE JUST GRATEFUL. YOU KNOW, WE --

WE CAN'T HAVE THE BRONX AND THE DIVERSITY THAT WE HAVE IF IT WASN'T FOR

NYS ASSEMBLY MAY 15, 2018

THE GARIFUNA COMMUNITY, ESPECIALLY WHEN WE THINK ABOUT THE

AFRO-CARIBBEAN COMMUNITY AND CULTURE THAT EXISTS, WE ARE GRATEFUL FOR

THEM. PERSONALLY, YOU KNOW, WHEN YOU THINK ABOUT THE CLOSE TO

200,000 PEOPLE THAT ARE GARIFUNA IN NEW YORK, IT'S A REASON WHY OUR

COMMUNITIES HAVE BEEN ABLE TO BE MADE STRONGER AND BETTER. THE

ENTREPRENEURSHIP THAT WE'VE BEEN ABLE TO DO, THE LEADERSHIP IN THE

COMMUNITY, THE CIVIC ENGAGEMENT, AND IT JUST CONTINUES TO SHOW THE

BEAUTY AND POWER OF THE COMMUNITY. SO I'M GRATEFUL TO YOU. WE

CONTINUE TO CELEBRATE YOU NOT JUST IN THIS MONTH, BUT ALL OF THE TIME,

AND OUR DISTRICT IN THE BRONX IS MADE SO MUCH BETTER BECAUSE OF THE

GARIFUNA PEOPLE.

SO GOD BLESS YOU, AND THANK YOU FOR ALWAYS BEING

HERE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MR. -- MS. -- EXCUSE

ME. MRS. ARROYO ON THE RESOLUTION.

MRS. ARROYO: THANK YOU, MR. SPEAKER. IN PLAIN

SPANISH, THE GARIFUNA COMMUNITY, A GROUP THAT WE ARE PROUD OF, THAT IS

A VERY PROGRESSIVE GROUP THAT ARE MEMBERS OF OUR COMMUNITY IN THE

BRONX. THEY ARE ALWAYS ACTIVE AND ALWAYS AN EXAMPLE FOR OUR YOUNG

GENERATIONS TO LEARN HOW TO WORK AND FIGHT IN THIS SOCIETY. AND NEVER

TURN YOUR HEAD DOWN, BUT HAVE YOUR HEAD UP AND BE PROUD OF WHAT YOU

ARE. BUT WE ARE VERY PROUD OF YOU IN THE BRONX. THANK YOU FOR

VISITING US. GOD BLESS ALL OF YOU.

(APPLAUSE)

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: MR. PERRY ON THE

RESOLUTION.

MR. PERRY: THANK YOU, MR. SPEAKER. ALL OF US

WHO -- FIRST, LET ME CONGRATULATE MY COLLEAGUES WHO PUT THIS RESOLUTION

FORWARD, AND I'M PLEASED TO JOIN YOU EACH YEAR. AND CERTAINLY, IT'S

IMPORTANT THAT WE NOT FORGET THE HISTORY OF THE GARIFUNA-AMERICAN

COMMUNITY. MANY OF US SHARE THAT HISTORY. OUR ANCESTORS OVERCAME

THE CHALLENGES AND THE RAVAGES OF SLAVERY. AND WE HAVE SURVIVED WITH

MUCH OF OUR CULTURE, EVEN THOUGH THOSE CHALLENGES MADE IT VERY

DIFFICULT JUST TO MAINTAIN SOME OF WHAT WE BROUGHT WITH US FROM

AFRICA. THE GARIFUNA PEOPLE, AS WE KNOW IT, WERE NEVER DEFEATED OR

FULLY COLONIZED, AND NOT -- ARE NOT ONLY IN THE BRONX, BUT IN BROOKLYN

AND OTHER PARTS OF THE -- -- THE -- THIS WESTERN HEMISPHERE.

SO IT IS MY PLEASURE TO JOIN WITH MY COLLEAGUES TO

WELCOME YOU TO ALBANY, AND TO ENCOURAGE YOU TO KEEP CELEBRATING AND

-- AND HONORING YOUR HERITAGE, AND WE JOIN YOU IN THAT ENDEAVOR TODAY.

AND MR. SPEAKER, PLEASE GRANT THEM ALL THE COURTESIES AND PRIVILEGES

OF THE HOUSE. THANK YOU.

(APPLAUSE)

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY --

(APPLAUSE)

ACTING SPEAKER AUBRY: MS. HYNDMAN FOR AN

NYS ASSEMBLY MAY 15, 2018

INTRODUCTION.

MS. HYNDMAN: GOOD MORNING. I RISE TODAY TO

CELEBRATE DELTA SIGMA THETA SORORITY, INCORPORATED.

SORORS, WILL YOU RISE WITH ME?

TODAY IN ALBANY WE ARE CELEBRATING DELTA DAYS IN THE

CAPITOL, A SORORITY FOUNDED ON SISTERHOOD AND PUBLIC SERVICE. IN THE

ASSEMBLY RIGHT NOW WE HAVE FOUR MEMBERS OF DELTA SIGMA THETA

SORORITY, INCORPORATED: ASSEMBLYMEMBER RODNEYSE BICHOTTE,

ASSEMBLYMEMBER TREMAINE WRIGHT, DEPUTY SPEAKER EARLENE HOOPER

AND MYSELF. THIS IS OUR SECOND DELTA DAY SINCE WE HAVE BEEN HERE,

AND A SORORITY THAT OVER -- WITH OVER 250,000 MEMBERS AND OVER 1,000

CHAPTERS AROUND THE WORLD, CELEBRATING THE COMMUNITIES AND MAKING

SURE WE GIVE OUR ALL WITH OUR FIVE-POINT PROGRAM. SO TODAY I'D LIKE TO

INTRODUCE CERTAIN -- CERTAIN SORORS THAT ARE IN THE BACK: LISA COPELAND,

CITY COUNCIL MEMBER FROM MOUNT VERNON. I'D ALSO LIKE TO INTRODUCE

JUDITH JOSEPH JENKINS, NEW YORK METRO SOCIAL ACTION COORDINATOR;

YOLANDA CALDWELL, SOROR, VICE PRESIDENT OF THE ALBANY ALUMNI

CHAPTER; ROSIA BLACKWELL LAWRENCE, EASTERN REGIONAL DIRECTOR; AND

DONNA BULLOCK, UPSTATE NEW YORK CITY COORDINATOR. SO TODAY YOU

MAY SEE MY SORORS THROUGHOUT THE CAPITOL, BECAUSE WE ARE ABOUT OUR

BUSINESS, AND WE WANT TO MAKE SURE THAT WE PROTECT THE COMMUNITIES

THAT WE SERVE THROUGHOUT THE STATE OF NEW YORK AND THROUGHOUT THIS

COUNTRY.

SO, WITHOUT ANY FURTHER ADO, I WOULD ASK YOU, MR.

SPEAKER, TO INTRODUCE AND TO GIVE THE CORDIALITIES OF THE HOUSE TO THE

NYS ASSEMBLY MAY 15, 2018

WOMEN DELTA SIGMA THETA SORORITY, INCORPORATED.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. HYNDMAN, MS. HOOPER, MS. BICHOTTE, MS. WRIGHT, THE SPEAKER

AND ALL THE MEMBERS, WE WELCOME THIS FINE GROUP OF DELTAS HERE TO THE

NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. WE CONGRATULATE YOU ON SUCH A SUCCESSFUL PROGRAM THAT YOU

HAVE RUN IN THIS STATE AND ACROSS THE COUNTRY. PLEASE CONTINUE THAT

GREAT WORK, AND ALWAYS FEEL WELCOME TO COME BACK AND VISIT US.

THANK YOU SO MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 1182, MS.

ROSENTHAL.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 13-19, 2018 AS PREVENTION WEEK

IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AGE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 1183, MR.

D'URSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 25TH, 2018 AS LONG ISLAND SOUND

DAY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

NYS ASSEMBLY MAY 15, 2018

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 1184, MRS.

GUNTHER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2018 AS MENTAL HEALTH MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. BEFORE I

BEGIN, I WOULD LIKE TO ASK MEMBERS OF GOVERNMENTAL EMPLOYEES

COMMITTEE TO JOIN MR. ABBATE IN THE SPEAKER'S CONFERENCE ROOM.

GOVERNMENTAL EMPLOYEES.

ACTING SPEAKER AUBRY: GOVERNMENTAL

EMPLOYEES, SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

MR. MORELLE: THANK YOU, SIR. IF WE COULD NOW

TURN OUR ATTENTION TO PAGE 79 OF THE MAIN CALENDAR, I'D LIKE TO BEGIN

CONSENTING WITH CALENDAR NO. 857 BY MR. PERRY.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00350-A, CALENDAR

NO. 857, PERRY. AN ACT TO AMEND THE PUBLIC OFFICER'S LAW, IN RELATION

TO THE UNAUTHORIZED RELEASE OF SEALED RECORDS.

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01599, CALENDAR NO.

858, MAGNARELLI, GOTTFRIED, ABINANTI. AN ACT TO AMEND THE CIVIL

PRACTICE LAW AND RULES, IN RELATION TO THE VENUE FOR CERTAIN SPECIAL

PROCEEDINGS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. LADIES

AND GENTLEMEN, THIS IS OUR FIRST VOTE OF THE MORNING -- IT'S STILL MORNING

-- AND SO PLEASE CAST YOUR VOTES. YES, YES, YES, OR NO, BUT WE'D PREFER

YES, OBVIOUSLY. AND I'D LIKE TO ASK MEMBERS WHO CAN HEAR THE SOUND

OF OUR VOICES TO MAKE THEIR WAY OVER SO THEY CAN CAST THEIR FIRST VOTE OF

THE DAY.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY,

MEMBERS. PLEASE, IF YOU'RE IN YOUR SEATS, VOTE NOW. IF YOU'RE IN THE

SOUND OF OUR VOICE, PLEASE COME TO THE CHAMBER AND CAST YOUR VOTE.

ACTING SPEAKER JENNE: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A01646-A, CALENDAR

NYS ASSEMBLY MAY 15, 2018

NO. 859, ROZIC, ABBATE, BARRETT, BICHOTTE, BLAKE, BRINDISI, CAHILL,

COLTON, COOK, CURRAN, CUSICK, DILAN, DIPIETRO, FAHY, FITZPATRICK,

GALEF, GUNTHER, HEVESI, HOOPER, HUNTER, HYNDMAN, JAFFEE,

JEAN-PIERRE, JENNE, JOYNER, MCDONOUGH, M.G. MILLER, MONTESANO,

MOSLEY, OTIS, PERRY, PICHARDO, RA, RAIA, RYAN, SANTABARBARA, SIMON,

SKOUFIS, STECK, STIRPE, WALKER, ZEBROWSKI, PEOPLES-STOKES, CASTORINA,

D'URSO, PHEFFER AMATO, WALLACE, STERN. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO THE PERFORMANCE OF A STUDY REGARDING

HOMELESS PERSONS WHO ARE VETERANS IN THE STATE OF NEW YORK.

ACTING SPEAKER JENNE: THE CLERK WILL READ.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER JENNE: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MADAM SPEAKER. MR.

GOTTFRIED ADVISES ME THAT MEMBERS OF THE HEALTH COMMITTEE SHOULD

MAKE THEIR WAY TO THE SPEAKER'S CONFERENCE ROOM FOR A COMMITTEE ON

HEALTH IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER JENNE: THANK YOU. MEMBERS,

NYS ASSEMBLY MAY 15, 2018

HEALTH COMMITTEE IN THE SPEAKER'S CONFERENCE ROOM.

THE CLERK WILL READ --

MR. MORELLE: MADAM SPEAKER?

ACTING SPEAKER JENNE: OH --

MR. MORELLE: MADAM SPEAKER --

ACTING SPEAKER JENNE: YES.

MR. MORELLE: -- I'M SORRY. COULD YOU JUST ASK FOR

A LITTLE --

ACTING SPEAKER CLERK JENNE: YES.

MR. MORELLE: -- ORDER HERE.

ACTING SPEAKER JENNE: COULD WE HAVE A LITTLE

QUIET SO THAT WE CAN PROCEED WITH OUR WORK?

MR. MORELLE: THANK YOU.

ACTING SPEAKER JENNE: THANK YOU.

WE STILL NEED TO HAVE A LITTLE BIT MORE QUIET IN THE

CHAMBER, PLEASE. IF YOU CAN FIND YOUR SEATS.

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02464-A, CALENDAR

NO. 860, DINOWITZ, GOTTFRIED, ORTIZ, STECK, PICHARDO, MOSLEY, BLAKE,

SEAWRIGHT, BICHOTTE, COOK, COLTON, GALEF, BUCHWALD. AN ACT TO

AMEND THE GENERAL OBLIGATIONS LAW, IN RELATION TO MANDATING GREATER

LEVELS OF DISCLOSURE BY NON-FIDUCIARIES THAT PROVIDE INVESTMENT ADVICE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03080-B, AUBRY,

PERRY, ARROYO, BARRETT, STECK, RIVERA, GOTTFRIED, COOK, JAFFEE, DAVILA,

NYS ASSEMBLY MAY 15, 2018

LUPARDO, MOSLEY, ORTIZ, PEOPLES-STOKES, QUART, WEPRIN, L. ROSENTHAL,

LIFTON, ABINANTI, PRETLOW, BICHOTTE, BARRON, WALKER, BLAKE,

RODRIGUEZ, FAHY, TITONE, MCDONALD, CAHILL, JOYNER, JENNE, BENEDETTO,

SOLAGES, RICHARDSON, PICHARDO, HYNDMAN, STIRPE, TITUS, KIM,

SIMOTAS, OTIS, JEAN-PIERRE, DICKENS, BRONSON, HUNTER, ROZIC, CARROLL,

CRESPO, DE LA ROSA, DILAN, VANEL, D'URSO, GALEF, TAYLOR, NIOU,

PELLEGRINO. AN ACT TO AMEND THE CORRECTION LAW, IN RELATION TO

RESTRICTING THE USE OF SEGREGATED CONFINEMENT AND CREATING ALTERNATIVE

THERAPEUTIC AND REHABILITATIVE CONFINEMENT OPTIONS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A03091, CALENDAR NO.

862, CYMBROWITZ, CRESPO, MONTESANO, ORTIZ, COLTON. AN ACT TO

AMEND THE MENTAL HYGIENE LAW, IN RELATION TO REQUIRING THE OFFICE OF

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO DEVELOP TRAINING

MATERIALS FOR HEALTH CARE PROVIDERS AND QUALIFIED HEALTH PROFESSIONALS

TO ENCOURAGE IMPLEMENTATION OF THE SCREENING, BRIEF INTERVENTION, AND

REFERRAL TO TREATMENT PROGRAM.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 15, 2018

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE

TO ASK MEMBERS OF THE LOCAL GOVERNMENTS COMMITTEE TO JOIN MR.

MAGNARELLI IN THE SPEAKER'S CONFERENCE ROOM. LOCAL GOVERNMENTS IN

THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: LOCAL GOVERNMENTS,

SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER. I

UNDERSTAND MR. GOODELL WILL HAVE AN INTRODUCTION IN JUST A MOMENT.

BUT BEFORE THAT, LET ME JUST GIVE THE THREE BILLS THAT I'D LIKE TO TAKE UP

NEXT IN THIS ORDER: FIRST, CALENDAR NO. 485 BY MR. ZEBROWSKI, WHICH IS

ON PAGE 49 OF THE MAIN CALENDAR. FOLLOW THAT WITH CALENDAR NO. 827

BY MR. MOSLEY, WHICH IS ON PAGE 76. AND THEN IN THIS GROUP, I'D LIKE

TO CONCLUDE WITH CALENDAR NO. 20 BY MS. LINDA ROSENTHAL ON -- ON

PAGE 5.

ACTING SPEAKER AUBRY: MR. GOODELL FOR THE

PURPOSES OF AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS. ON BEHALF OF

ASSEMBLYMAN CROUCH AND ASSEMBLYWOMAN LUPARDO, I'M VERY

PLEASED TO INTRODUCTION A NUMBER OF INDIVIDUALS HERE -- WHO ARE HERE

WITH THE GREENE COUNTY LEGION GIRLS LEADERSHIP PROGRAM. THIS IS A

PROGRAM SPONSORED BY THE AMERICAN LEGION POST 692. THE ADULTS

WITH THEM ARE LARRY BOURQUE, WHO'S THE COMMANDER; VICTOR JENKS,

NYS ASSEMBLY MAY 15, 2018

WHO'S THE VICE COMMANDER; WENDY MYERS, WHO'S THE ELA TEACHER AT

GREENE CENTRAL SCHOOL. AND JOINING US IN THE CHAMBERS TO OBSERVE

HOW EFFECTIVE AND OFFICIAL WE ARE AT ADDRESSING LEGISLATION ARE SARA

TANZINI, CLAIRE MOXLEY, MALLORY FOWLER, MCKENNA SERGI AND CIARA

GUN -- GUNDERSON.

SO, IF YOU WOULD PLEASE EXTEND THEIR CORDIALITIES ON

BEHALF OF BOTH MR. CROUCH AND MS. LUPARDO, I'D CERTAINLY APPRECIATE IT.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. CROUCH, MS. LUPARDO, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS DISTINGUISHED GROUP HERE TO THE NEW YORK STATE

ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. WE THANK

YOU FOR THE WORK THAT YOU'RE DOING, HELPING OUR YOUNG PEOPLE BE STRONG

AND PRODUCTIVE. CONTINUE THAT GREAT WORK, AND YOU ARE ALWAYS

WELCOME HERE. THANK YOU.

(APPLAUSE)

AND, MR. GOODELL FOR ANOTHER INTRODUCTION.

MR. GOODELL: THANK YOU, MR. SPEAKER. WE'RE

VERY PLEASED TO INTRODUCE A NUMBER OF DISTINGUISHED GUESTS ON BEHALF

OF ASSEMBLYMAN NORRIS, ASSEMBLYMAN HAWLEY AND ASSEMBLYMAN

MORINELLO. HERE WITH US IS TIM YEAGER, WHO IS THE GENESEE COUNTY

EMERGENCY SERVICES COORDINATOR; JONATHAN SCHULTZ, THE NIAGARA

COUNTY EMERGENCY SERVICE COORDINATOR; AND DAN AND NICK CULVER,

THEY'RE WITH THE EAST SHELBY FIRE COMPANY. AND OF COURSE, WE

CERTAINLY APPRECIATE THE EXPERTISE THAT THEY BRING HERE, SHARE WITH US ON

NYS ASSEMBLY MAY 15, 2018

IMPORTANT ISSUES AFFECTING OUR COUNTY. WE ALSO ARE PRAYERFUL THAT THERE

ARE NO EMERGENCIES IN ANY OF THOSE COUNTIES, SINCE WE HAVE ALL THESE

GREAT PEOPLE UP HERE. AND I'M SURE IF THEY ARE, THEY'LL BE CONTACTED

IMMEDIATELY.

SO, ON BEHALF OF ASSEMBLYMEN NORRIS, HAWLEY AND

MORINELLO, IF YOU COULD EXTEND OUR GREETINGS AND CORDIALITIES, I WOULD

APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBER -- ASSEMBLYMEMBER NORRIS, ASSEMBLYMEMBER

HAWLEY AND ASSEMBLYMEMBER MORINELLO, WE WELCOME THIS

DISTINGUISHED GROUP HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU HAVE ENJOYED THE

PROCEEDINGS SO FAR, AND WILL HAVE HAD A PRODUCTIVE TRIP HERE TO ALBANY,

AND THAT YOU CONTINUE YOUR FINE WORK. THANK YOU SO VERY MUCH.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A06967, CALENDAR NO.

485, ZEBROWSKI, COOK, HOOPER, VANEL, CAHILL, JAFFEE, GOTTFRIED,

COLTON, NIOU. AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO

REQUIRING LANDLORDS TO MITIGATE DAMAGES IF A TENANT VACATES A PREMISES

IN VIOLATION OF THE TERMS OF THE LEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: SURE. THANK YOU, MR. SPEAKER.

WHAT THIS BILL WOULD DO WOULD BE TO ESTABLISH WHAT MANY PEOPLE

NYS ASSEMBLY MAY 15, 2018

WOULD ALREADY CONSIDER TO BE A COMMON LAW REQUIREMENT, WHICH IS

THAT LANDLORDS WOULD HAVE A DUTY TO MITIGATE DAMAGES IN THE CASE

WHERE A TENANT HAS BROKEN THE LEASE.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. WOULD THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, SIR?

MR. ZEBROWSKI: I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

ZEBROWSKI. I HAD A COUPLE OF QUESTIONS JUST TO MAKE SURE WE

UNDERSTAND HOW THIS WOULD WORK IN ACTUAL PRACTICE. FIRST, THIS BILL

APPLIES TO ANY PREMISES OCCUPIED FOR DWELLING PURPOSES. WAS IT YOUR

INTENT THAT IT APPLIED ONLY TO RESIDENTIAL UNITS, AS OPPOSED TO A

COMMERCIAL LEASE OF A LARGE BUILDING?

MR. ZEBROWSKI: YES.

MR. GOODELL: NOW, OF COURSE, THE VAST MAJORITY

OF LEASES ARE SHORT-TERM; A YEAR, OR TWO YEARS. BUT IN SOME PARTS OF OUR

STATE WE HAVE VERY, VERY LONG LEASE TERMS. FOR EXAMPLE, IN THE SENECA

NATION, INDIVIDUAL HOMES ARE LEASED FROM THE NATION FOR PERIODS OF

UPWARDS OF 99 YEARS. WOULD IT BE YOUR INTENT THAT THE NATION OF

INDIANS WOULD ALSO HAVE TO COMPLY WITH THESE PROVISIONS?

MR. ZEBROWSKI: MY INTENT WOULD BE THAT ANY

LANDLORD WOULD HAVE A DUTY TO MITIGATE THE DAMAGES UNDER ANY LEASE.

MR. GOODELL: REGARDLESS OF THE LENGTH OF THE

NYS ASSEMBLY MAY 15, 2018

LEASE?

MR. ZEBROWSKI: YES, REGARDLESS OF THE LENGTH.

AT THE END OF THE DAY, IF THERE IS SOMEBODY ELSE TO RENT THE PREMISES,

THEN THERE ARE, IN MANY WAYS, NO DAMAGES. SO, LIKE IN MANY OTHER

DUTIES UNDER THE LAW AND OTHER CASES, THERE'S A DUTY TO MITIGATE THOSE

DAMAGES, AND NOT JUST SIT BACK AND, YOU KNOW, PUNISH THE TENANT BY

LETTING THOSE DAMAGES ACCRUE.

MR. GOODELL: NOW, YOUR BILL WOULD REQUIRE THE

LANDLORD TO RENT THE PREMISES AT, QUOTE, "FAIR MARKET VALUE." WHO IS

DETERMINING WHAT THE FAIR MARKET VALUE IS? RECOGNIZING THAT, AS YOU

KNOW, THESE RATES GO UP AND DOWN AS MARKET CONDITIONS GO UP AND

DOWN. SO --

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: -- WHAT THE OLD LEASE RATE WAS

MIGHT BE HIGHER OR LOWER --

MR. ZEBROWSKI: RIGHT.

MR. GOODELL: -- THAN THE NEW RATE.

MR. ZEBROWSKI: RIGHT. SO I THINK FAIR MARKET

VALUE IS A GENERALLY-ACCEPTED TERM IN -- IN REAL ESTATE LAW. AND SO, I'LL

GIVE YOU AN EXAMPLE OF WHAT IT'S NOT, RIGHT? SO, IF A TENANT BREAKS THE

LEASE, THE LANDLORD CAN'T GO OUT, AND IT WOULDN'T BE A GOOD FAITH EFFORT

UNDER FAIR MARKET VALUE TO ONLY LIST IT AT THREE TIMES THE RENT OF WHAT

ANYTHING ELSE IS IN THE AREA. THAT WOULDN'T BE A GOOD FAITH EFFORT, AND

THAT WOULDN'T BE FAIR MARKET VALUE. NOR, QUITE FRANKLY, WOULD IT BE TO

GO OUT AND MAYBE ALLOW A FRIEND TO RENT THE PREMISES AT ONE-TENTH OF

NYS ASSEMBLY MAY 15, 2018

THE VALUE OF WHAT THE FAIR MARKET IS. SO, WHAT IS GENERALLY ACCEPTED AS

THE GOING RENTAL RATES WITHIN THE JURISDICTION OR THE AREA, WOULD BE

WHAT WOULD QUALIFY FOR THAT.

MR. GOODELL: IF A LANDLORD RE-RENTED THE PREMISES

AND THE RENT THAT THEY WERE ABLE TO ACHIEVE WAS HIGHER THAN THE ORIGINAL

RENT, IS IT YOUR POSITION UNDER THIS BILL THAT THE TENANT WOULD GET THE

BENEFIT OF THAT HIGHER RENT AS AN OFFSET AGAINST ANY UNPAID RENT THAT

MIGHT STILL BE OUTSTANDING?

MR. ZEBROWSKI: NO, THE -- THE TENANT -- THE ONLY

BENEFIT TO THE TENANT IS THERE WOULD BE NO DAMAGES FOR THE PERIOD FOR

WHICH THE PREMISES WAS RE-LET, GOING FORWARD. BUT, LOOK, IF THERE WAS

A MONTH GAP, IF YOU WILL, REASONABLE AMOUNT OF TIME WHILE THE PERSON

IS LISTING IT, AND THE -- AND THE TENANT IS GETTING OUT OF THE PREMISES,

THEN THOSE DAMAGES WOULD STILL BE DAMAGES THAT COULD BE SUED FOR IN

COURT.

MR. GOODELL: SOME LEASE AGREEMENTS,

PARTICULARLY FOR A LONGER TERM, HAVE A LIQUIDATED DAMAGE CLAUSE, WHICH

TAKES THE NORMAL DAMAGE CALCULATION AND SAYS IF YOU LEAVE EARLIER,

THERE'S A RE-RENTING CHARGE, IF YOU WILL, INSTEAD OF NORMAL DAMAGES.

WOULD IT BE YOUR POSITION THAT THIS WOULD MAKE THOSE PROVISIONS THAT

ARE NEGOTIATED BETWEEN A LANDLORD AND A TENANT NO LONGER ENFORCEABLE

AS CONTRARY TO PUBLIC POLICY?

MR. ZEBROWSKI: WELL --

MR. GOODELL: JUST A -- A SIMPLE EXAMPLE. WHEN

I WAS LEASING A HOUSE WHEN I FIRST GOT OUT OF LAW SCHOOL, I HAD TO BREAK

NYS ASSEMBLY MAY 15, 2018

THE LEASE EARLY, AND MY LEASE REQUIRED ME TO PAY TWO MONTHS RENT AS A

LEASE TERMINATION FEE. AND THAT WAS IRREGARDLESS OF WHETHER THEY WERE

ABLE TO RE-RENT IT IMMEDIATELY, OR IT STAYED VACANT FOR THE REST OF THE

LEASE. WOULD THE LIQUIDATED DAMAGE CLAUSE BE BANNED UNDER THE LAST

SENTENCE OF THIS BILL?

MR. ZEBROWSKI: I THINK IT WOULD. I THINK THE

COURTS WILL SORT THIS OUT. BUT UNDER THAT FACT PATTERN, I BELIEVE THAT THAT

WOULD BE AN ATTEMPT JUST TO GET AROUND THIS BILL. AT THE END OF THE DAY,

IF THE PERSON RE-LET THE PREMISES, THERE WOULD BE NO DAMAGES. SO,

WHETHER YOU'RE EXPEDITING THOSE DAMAGES OR COLLECTING THEM AS THEY

ACCRUE FOR NOT TAKING A GOOD FAITH EFFORT TO MITIGATE, I WOULD SAY YOU'RE

VIOLATING THIS SECTION OF LAW EITHER WAY.

MR. GOODELL: KEEP IN MIND, A LIQUIDATED DAMAGE

CLAUSE CAN BE -- IT CAN GO BOTH WAYS. IT CAN BE A REAL BENEFIT TO THE

TENANT AS WELL, BECAUSE IF THE LANDLORD HAS TROUBLE RE-RENTING IT, THE

LIQUIDATED DAMAGE CLAUSE MAY ACTUALLY BE LESS THAN THE DAMAGES THAT

WOULD OTHERWISE APPLY. WHY DO WE WANT TO HAVE A UNIVERSAL

PROHIBITION AGAINST THE LIQUIDATED DAMAGE CLAUSE?

MR. ZEBROWSKI: I'M NOT SURE THAT THERE'S TOO

MANY INSTANCES OUT THERE WHERE THE TENANT IS BEING BENEFITTED BY A

LIQUIDATED DAMAGES CLAUSE. I THINK THAT IN MOST OF THESE SITUATIONS, IT'S

NOT NECESSARILY AN ARM'S LENGTH CONTRACTUAL RELATIONSHIP. CERTAINLY, THE

LANDLORD HAS A BIT MORE POWER IN THOSE SITUATIONS, AND I CAN'T IMAGINE

THAT THE TENANT IS BENEFITTED IN ANY WAY THROUGH THOSE.

MR. GOODELL: I NOTE ALSO IN THIS THAT YOU -- YOU

NYS ASSEMBLY MAY 15, 2018

STATE THAT, THE BURDEN OF PROOF SHALL BE ON THE PARTY SEEKING TO RECOVER

DAMAGES. IF A TENANT IS SUING TO GET THEIR UNRETURNED SECURITY DEPOSIT,

THEY WOULD THEN BEAR THE BURDEN OF PROOF OF ESTABLISHING THAT THE

LANDLORD DID NOT RE-RENT IN A TIMELY MANNER?

MR. ZEBROWSKI: I THINK THE BURDEN OF PROOF GOES

TO THE LANDLORD WHO'S TRYING TO GET THE MONEY BACK FROM THE TENANT

THEY'RE SUING FOR DAMAGES. I DON'T KNOW THAT IN THAT CASE WERE IT'S A

SECURITY, WHICH WOULD BE A DIFFERENT ACTION THAT IS RELEVANT TO THIS

STATUTE.

MR. GOODELL: NOW, THIS LANGUAGE STATES THAT IF

THE LANDLORD RENTS THE PREMISES FOR FAIR MARKET VALUE, THEN THE LEASE

AUTOMATICALLY ENDS AS IT RELATES TO THE PRIOR TENANT, AND YOU HAVE A NEW

LEASE. WHAT IF HE RE-RENTS IT FOR LESS THAN FAIR MARKET VALUE? DOES THE

ORIGINAL LEASE CONTINUE? WHAT HAPPENS THEN?

MR. ZEBROWSKI: SO, IN THAT SITUATION, THE OLD

LEASE WOULD BE EXPIRED. THERE'D BE A NEW LEASE, A NEW PERSON IN

THERE. SO, CERTAINLY, THE OLD TENANT WOULDN'T HAVE AN ABILITY TO JUST

WALK INTO THE NEW TENANT'S PREMISES. HOWEVER, THERE WOULD BE AN

ABILITY FOR THE LANDLORD TO SEEK OUT DAMAGES FOR THE DIFFERENCE BETWEEN

THE PRIOR LEASE AND THE NEW LEASE. ASSUMING, OF COURSE, THAT THAT

PERSON COMPLIED WITH THE STATUTE AND DID SO IN A GOOD FAITH EFFORT AT

FAIR MARKET VALUE.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS AND CLARIFICATION.

ON THE BILL.

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: IN MOST CONTRACT SITUATIONS, THE

COMMON LAW IN NEW YORK STATE HAS BEEN THAT THE PERSON THAT'S

DAMAGED HAS TO MAKE REASONABLE EFFORTS TO MITIGATE THEIR DAMAGES.

AND THAT MAKES GREAT PRACTICAL SENSE, ESPECIALLY IF -- IF YOU'RE NOT SURE

YOU'LL EVER COLLECT THE DAMAGES ANYWAY. AND SO, MOST LANDLORDS,

WHEN THEY HAVE A TENANT THAT VACATES THE PREMISES PRIOR TO THE

EXPIRATION OF THE LEASE, THEY DO EVERYTHING THEY CAN TO GET THAT -- THOSE

PREMISES CLEANED UP AND RENTED AGAIN TO A NEW TENANT FOR A RENT THAT'S

AS HIGH AS THEY CAN GET. AND IT'S TO THEIR FINANCIAL ADVANTAGE TO DO SO,

BECAUSE OTHERWISE THEY'RE CHASING AFTER A TENANT THAT THEY MAY NOT

EVEN KNOW WHERE THAT TENANT IS, AND THE ABILITY TO COLLECT FOR DAMAGES

IS ALWAYS PROBLEMATIC WHEN YOU'RE CHASING AFTER SOMEONE. SO, THE

CURRENT SYSTEM, AS A PRACTICAL MATTER, DOESN'T MAKE THIS A BIG ISSUE. AS

A PRACTICAL MATTER, LANDLORDS ARE GOING TO BE OUT THERE DOING EVERYTHING

THEY CAN TO RE-RENT IT. THE CHALLENGE THAT WE HAVE IS WHEN WE PUT IN

STATUTORY LANGUAGE THAT SAYS THAT THE LANDLORD HAS TO PROCEED IN GOOD

FAITH AND DUE DILIGENCE TO RENT AT FAIR MARKET VALUE, IT RAISES A WHOLE

BUNCH OF -- A "WHOLE BUNCH," THAT'S A VERY TECHNICAL PHRASE -- IT RAISES A

NUMBER OF SUBJECTIVE ISSUES: WHAT'S MEANT BY GOOD FAITH? DID YOU

TAKE TOO LONG IN CLEANING UP THE APARTMENT? DID YOU TAKE TOO LONG IN

MAKING THE REPAIRS? SHOULD YOU HAVE ADVERTISED IT IN DIFFERENT

LOCATIONS? DID YOU MOVE FAST ENOUGH TO GET A NEW TENANT IN? WAS THE

NEW LEASE HIGH ENOUGH, OR TOO HIGH, AS WAS MENTIONED BY MY

NYS ASSEMBLY MAY 15, 2018

COLLEAGUE? CHARGING TOO MUCH OF A LEASE PAYMENT WOULD BE A

VIOLATION, CHARGING NOT ENOUGH WOULD BE A VIOLATION. SO, IT OPENS UP A

WHOLE SERIES OF SUBJECTIVE ISSUES INTO THIS AREA, WHERE THE PRIVATE-

SECTOR MARKET HAS BEEN WORKING QUITE WELL FOR, LITERALLY, OVER A CENTURY

SINCE THIS RULE WAS FIRST ENUNCIATED IN THE 1800S. SO, WHILE I CERTAINLY

APPRECIATE THE FACT IN MOST CONTRACTS, THERE'S AN OBLIGATION TO MITIGATE

DAMAGES, AS CORRECTLY NOTED BY MY COLLEAGUE, I THINK WE NEED TO BE

CAREFUL THAT WE'RE NOT OPENING UP A WHOLE SERIES OF OTHER ISSUES

INADVERTENTLY.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I'D LIKE

TO ASK MEMBERS OF THE ENVIRONMENTAL CONSERVATION COMMITTEE TO JOIN

MR. ENGLEBRIGHT IN THE SPEAKER'S CONFERENCE ROOM. EN CON IN THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: EN CON, SPEAKER'S

CONFERENCE ROOM, IMMEDIATELY.

NYS ASSEMBLY MAY 15, 2018

MR. GOODELL FOR THE PURPOSES OF AN INTRODUCTION.

(PAUSE)

MR. MORELLE: MR. SPEAKER?

ACTING SPEAKER AUBRY: MR. MORELLE.

MR. MORELLE: WHILE MR. GOODELL IS -- IS

FINISHING UP, LET ME, IF I MIGHT, INTERRUPT FOR THE PURPOSES OF AN

INTRODUCTION OF GUESTS OF MR. BLAKE WHO HAVE JOINED US BACK AT THE

CHAMBER. THESE ARE STUDENTS AND CHAPERONES FROM THE BUCHTEL

COMMUNITY LEARNING CENTER IN AKRON, OHIO, WHO ARE VISITING DURING

THE 10TH ANNUAL NEW YORK CIVIL LEADERSHIP ACADEMY. THEY HAVE

BEEN HERE OVER THE PAST, I THINK, TENTH YEAR. THIS IS THEIR TENTH VISIT TO

THE STATE CAPITOL, AND WE'RE ALWAYS DELIGHTED TO HAVE THESE YOUNG

PEOPLE AND THEIR CHAPERONES OBSERVING OUR LEGISLATIVE PROCESS, AND

WISH THEM WELL IN THEIR JOURNEYS IN --IN THE FUTURE. AND IF YOU'D

PLEASE EXTEND, ON BEHALF OF MR. BLAKE AND THE MEMBERS, ALL THE

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BLAKE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

EXTRAORDINARY STUDENTS HERE TO THE NEW YORK ASSEMBLY, THE PEOPLE'S

HOUSE. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, HOPE THAT YOU

HAVE ENJOYED THE PROCEEDINGS AND YOUR TIME HERE IN NEW YORK. AND

SAFE JOURNEYS BACK TO YOUR HOME STATE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. ON

NYS ASSEMBLY MAY 15, 2018

BEHALF OF ASSEMBLYMEMBER WILL BARCLAY, IT'S MY GREAT HONOR TO

INTRODUCE THE FIRE CHIEF FOR THE CITY OF FULTON FIRE DEPARTMENT, DAVID

EIFFE. HE JOINS US FROM THE CITY OF FULTON, AND HE'S HERE WITH MANY

OTHER DISTINGUISHED GUESTS. IF YOU WOULD PLEASE EXTEND OUR THANKS AND

APPRECIATION FOR HIS SERVICE ON BEHALF OF HIS RESIDENTS IN KEEPING THAT

CITY SAFE, AND FOR HIS EFFORTS TO PROMOTE FIRE SAFETY ACROSS THE STATE.

THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BARCLAY, THE SPEAKER AND ALL THE MEMBERS, SIR, WE WELCOME YOU

HERE TO THE NEW YORK ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. OUR CONGRATULATIONS AND THANKS FOR THE WORK THAT YOU DO

KEEPING OUR COMMUNITIES SAFE, AND HOPE THAT YOU CONTINUE THAT FINE

WORK. THANK YOU. YOU ARE ALWAYS WELCOME HERE.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01628, CALENDAR NO.

827, MOSLEY, DAVILA, WALKER, JOYNER, BICHOTTE, ARROYO, O'DONNELL,

DE LA ROSA, BARRON, PERRY, GOTTFRIED. AN ACT TO AMEND THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE EMERGENCY TENANT

PROTECTION ACT OF 1974 AND THE EMERGENCY HOUSING RENT CONTROL

LAW, IN RELATION TO ADJUSTMENT OF MAXIMUM ALLOWABLE RENT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED. PLEASE, WE NEED TO QUIET THE HOUSE DOWN.

ONE MINUTE, MR. MOSLEY.

(PAUSE)

NYS ASSEMBLY MAY 15, 2018

SHH. IT'S NOT QUIET ENOUGH, LADIES AND GENTLEMEN.

PROCEED, SIR.

MR. MOSLEY: THANK YOU, MR. SPEAKER. THIS

LEGISLATION WOULD MAKE CONSISTENT THE RENTAL ADJUSTMENT A LANDLORD

MAY CHANGE A TENANT FOR THE TOTAL COST INCURRED FOR AN INDIVIDUAL

APARTMENT IMPROVEMENT. IT WOULD ALSO REQUIRE DEPARTMENT -- THE

DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL TO ISSUE A SCHEDULE

OF REASONABLE COSTS FOR REPAIRS, BASED ON REGIONAL COSTS SO THAT

LANDLORDS DON'T PURPOSELY TRY TO DEREGULATE AN APARTMENT THROUGH

IMPROVEMENTS. DHCR IS ALSO GIVEN THE AUTHORITY TO APPROVE OR

DISAPPROVE SUCH INCREASES RELATED TO THE SCHEDULE, IN WHOLE OR IN PART,

BASED UPON PROOF OF EXPENSES SUBMITTED BY THE LANDLORD. FINALLY, THIS

LEGISLATION WOULD ALSO GIVE NEW TENANTS AND DHCR A BREAKDOWN OF

HOW THE INCREASES --HOW THE INCREASE IN RENT WAS COMPUTED, AND THE

INFORMATION THAT A TENANT NEEDS TO CHALLENGE AN INCREASE. THIS

INFORMATION WILL BE GIVEN AT THE TIME OF THE RENTAL INCREASE, RATHER THAN

AFTER A TENANT CHALLENGES AN INCREASE.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU --

ACTING SPEAKER AUBRY: LADIES AND

GENTLEMEN, PLEASE.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

MOSLEY?

NYS ASSEMBLY MAY 15, 2018

MR. MOSLEY: CERTAINLY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. FITZPATRICK: THANK YOU, WALTER. WHAT'S --

WHAT LED TO -- YOU TO BELIEVE THERE'S A NEED TO CHANGE THE RULES AS THEY

CURRENTLY EXIST? WHAT'S --

MR. MOSLEY: WELL --

MR. FITZPATRICK: -- WHAT'S THE RATIONALE?

MR. MOSLEY: AS IN MY DISTRICT, AND PROBABLY

MANY OF MY COLLEAGUE -- OUR -- OUR COLLEAGUES' DISTRICTS, WHAT WE'RE

SEEING NOW IS A PERVASIVE SENSE OF ENTITLEMENT BY MANY -- SOME BAD

ACTORS IN TERMS OF LANDLORDS -- NOT ALL, OBVIOUSLY -- WHO HAVE USED THEIR

POWERS TO IMPROVE -- MAKE NOMINAL IMPROVEMENTS TO INDIVIDUAL

APARTMENTS IN A -- IN AN EFFORT TO ACCELERATE A -- A POINT WHERE THEY CAN

GET TO THE THRESHOLD OF VACANCY DECONTROL, AND HENCEFORTH, TAKING MANY

APARTMENT UNITS OFF THE AFFORDABLE HOUSING STOCK IN AN EFFORT TO PUT

THEM BACK ON THE OPEN MARKET. IN A SENSE, WHAT THEY'RE DOING IS

PLAYING -- INFLATING NUMBERS THROUGH INDIVIDUAL APARTMENT

IMPROVEMENTS, WHILE AT THE SAME TIME NOT BEING REGULATED, NOR HAVING

THE ABILITY TO JUSTIFY THESE IMPROVEMENTS. AND THIS IS SOMETHING THAT'S

PERVASIVE IN MY DISTRICT, WHICH IS OVERFLOODED -- WHICH HAS OVER

16,000 RENT-REGULATED APARTMENTS, BUT EACH YEAR WE'RE SEEING, BY FAR,

SO MANY INDIVIDUALS WHO HAVE FOUND THAT THEIR RENT-REGULATED

APARTMENTS ARE OFF THE ROLLS BECAUSE OF THESE NOMINAL EXPENSES, WHICH

ARE PERMANENT, UNFORTUNATELY, AND AS A RESULT, THOSE RENTS CONTINUE TO

GROW AND INCREASE, WHICH, OBVIOUSLY, LEADS TO SO MANY PEOPLE NOT

NYS ASSEMBLY MAY 15, 2018

BEING ABLE TO LIVE IN THESE AFFORDABLE HOUSES.

MR. FITZPATRICK: ARE -- ARE THESE -- NOW, THESE

IMPROVEMENTS THAT YOU SPEAK OF, ARE THEY DONE WHILE THE APARTMENT IS

OCCUPIED, OR ARE THE MAJORITY DONE WHEN THE APARTMENT IS VACATED AND

THEY MAKE THE INDIVIDUAL --

MR. MOSLEY: IT VARIES.

MR. FITZPATRICK: -- THE INDIVIDUAL

IMPROVEMENTS?

MR. MOSLEY: IT VARIES. I CAN'T SAY EXACTLY, YOU

KNOW, HOW MANY WERE DONE WHILE AN APARTMENT WAS VACANT, OR WHILE

THE APARTMENT WAS ACTUALLY USED. BUT WE HEAR IT BACK AND FORTH ON --

ON BOTH SIDES, WHEN CERTAIN APARTMENTS ARE IMPROVED UPON, OR TENANTS

ARE FORCED OUT, MAJOR CAPITAL IMPROVEMENTS TO THE INDIVIDUAL

APARTMENTS ARE MADE, WHILE AT THE SAME TIME, SIMILAR APARTMENT UNITS

IN THE SAME BUILDING ARE NOT TENDED TO, AND AS A RESULT, THE ONES THAT

ARE VACATED ARE -- ARE ALMOST -- THEY ALMOST LOOK LIKE THEY'RE TOTALLY

DIFFERENT APARTMENT UNITS. AND AS A RESULT, THEY ARE DEREGULATED, TAKEN

OFF THE AFFORDABLE HOUSING UNIT LIST, AND AS A RESULT, WE HAVE ONE LESS

UNIT WHERE WE CAN GET A WORKING-CLASS MEN AND WOMEN --

MIDDLE-CLASS MEN AND WOMEN TO ACTUALLY AFFORD THE RENTS ON THAT

PARTICULAR UNIT.

MR. FITZPATRICK: YOU -- YOU SAID THE APARTMENTS

THAT ARE NOT ATTENDED TO, IS THAT BECAUSE THE TENANT HAS REFUSED THE

IMPROVEMENT, SAID, NO, THANKS -- THANKS, BUT NO THANKS. I DON'T WANT

THE INCREASED RENT, SO I'LL -- I'LL DO WITHOUT THE IMPROVEMENT?

NYS ASSEMBLY MAY 15, 2018

MR. MOSLEY: NO --

MR. FITZPATRICK: YOU KNOW, MAYBE A

REFRIGERATOR OR A --

MR. MOSLEY: -- QUITE -- QUITE THE OPPOSITE.

MR. FITZPATRICK: -- OR A NEW RANGE? OR --

MR. MOSLEY: QUITE THE OPPOSITE. MANY OF THESE --

IF NOT -- I WOULD SAY ALMOST ALL OF THESE TENANTS WANT THE IMPROVEMENTS

MR. FITZPATRICK: SURE.

MR. MOSLEY: -- BUT, UNFORTUNATELY, WE HAVE SOME

BAD ACTORS WHO CONTINUE TO PERPETUATE THIS NOTION THAT, IF I CAN -- IF I

CAN MAKE THEIR UNITS AS INHABITABLE AS POSSIBLE, THEY WILL EVENTUALLY

MOVE. AND THIS IS SOMETHING THAT WE -- IS PERVASIVE THROUGHOUT MY

COUNTY AND THROUGHOUT MY DISTRICT. SO, VERY RARE IS IT THAT A PERSON

SAYS, NO, I DON'T WANT THESE IMPROVEMENTS. BUT AT THE SAME TIME, WE

ALSO UNDERSTAND THAT WE'RE FINDING THAT THIS TO BE A PRACTICE THAT'S

SYSTEMIC THROUGHOUT --

MR. FITZPATRICK: BUT -- BUT --

MR. MOSLEY: -- MY DISTRICT AND THROUGHOUT THE

DOWNSTATE REGION.

MR. FITZPATRICK: BUT WALTER, THE TENANT -- THE

TENANT UNDERSTANDS -- THEY GO INTO THIS WITH THEIR EYES OPEN. THEY

UNDERSTAND THAT IF THEY SAY, I WANT THE IMPROVEMENT, I'M ACCEPTING THAT

RENT INCREASE. CORRECT?

MR. MOSLEY: WELL, WHAT THIS BILL WOULD ALSO

NYS ASSEMBLY MAY 15, 2018

ALLOW FOR US TO DO IS THAT THESE RENTS INCREASES WOULD ONLY BE

TEMPORARY. RIGHT NOW, THEY'RE PERMANENT. AND AS A RESULT, WE'RE --

WE'RE SEEING -- SEEING AN ESCALATION OF IMPROVEMENTS THAT ARE BEING

MADE AND STACKED UPON ONE -- STACKED UPON EACH OTHER IN PERPETUITY,

WHICH ALLOWS FOR PEOPLE THAT LIVE IN MY DISTRICT WHO HAVE FIXED

INCOMES, WHO, MAYBE THEIR SALARY HAS NOT GROWN, BUT AS A RESULT,

THEY'RE -- THEY CONTINUE TO BE RENT BURDENED BY MOST OF THEIR RENT --

MOST OF THEIR MONTHLY INCOME GOING TO RENT. SO, TO ME, I THINK THAT

THIS BILL WOULD KIND OF NEGATE SOME OF THOSE PRACTICES, WHILE AT THE

SAME TIME UNDERSTANDING THAT APARTMENTS NEED TO BE PROVED --

IMPROVED UPON, AND THAT THE TENANTS UNDERSTAND THAT, GOING IN, THAT

THEY UNDERSTAND THAT, YOU KNOW, EVERY TIME A -- A PASSING YEAR GOES,

THAT THEY'RE THINGS THAT NEED TO BE IMPROVED UPON. SO, I THINK

EVERYBODY UNDERSTANDS THE RELATIONSHIPS, AND I THINK THEY UNDERSTAND,

YOU KNOW, WHAT IS NEEDED TO KEEP AN APARTMENT HAB -- INHAB --

HABITABLE, AS WELL AS UPGRADING -- AN AN APARTMENT UNIT, BUT AT THE SAME

TIME WE WANT TO MAKE SURE THAT WE DON'T DO THIS AT THE EXPENSE OF

WORKING-CLASS MEN AND WOMEN.

MR. FITZPATRICK: OKAY. VERY GOOD. THANK --

THANK YOU, WALTER.

MR. MOSLEY: THANK YOU.

MR. FITZPATRICK: MR. SPEAKER, ON THE BILL. THIS

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

NYS ASSEMBLY MAY 15, 2018

MR. FITZPATRICK: WE HAD -- WE HAD AN

INTERESTING DAY YESTERDAY, STARTING OUT WITH THIS HOUSING PACKAGE WITH

THESE BILLS. AND, YOU KNOW, AGAIN, WE HAVE AN ESTABLISHED SET OF RULES

THAT THE BUILDING OWNERS PLAY BY, AND THAT THE TENANTS UNDERSTAND AS

WELL, BECAUSE THEY SIGNED THE LEASE, AND THEY UNDERSTAND WHAT THE

RULES ARE WHEN THEY ENTER INTO THE LEASE. SO, THE EFFECT -- I BELIEVE THE

EFFECT OF THIS LEGISLATION WILL BE TO DISCOURAGE IMPROVEMENTS TO

INDIVIDUAL APARTMENTS, AND WHAT WILL HAPPEN IS, THE PROPERTY OWNERS

WILL EITHER KEEP THAT UNIT OFF THE MARKET OR NON-RENT IT UNTIL THEY

DECIDE, OR THE TENANT DECIDES WHETHER THEY WANT -- OR WHETHER DHCR

GIVES THEM THE APPROVAL TO DO THE -- THE IMPROVEMENT TO THE

APARTMENT. AND WHAT WILL HAPPEN IS, YOU'LL SEE FEWER APARTMENTS

UPDATED OR IMPROVED, AND THE INCREASED PAPERWORK AND THE INCREASED

BUREAUCRACY THAT THIS LEGISLATION WILL FORCE ON THE PROPERTY OWNERS WILL

DISCOURAGE THEM FROM MAKING THESE IMPROVEMENTS. SO HERE, AGAIN,

WE HAVE A SITUATION WHERE THE GOALPOSTS ARE BEING MOVED IN AN EFFORT

TO SLOW DOWN ANY RENT INCREASES. AND I UNDERSTAND THAT THERE IS A

DESIRE TO KEEP THAT RENT FROM REACHING THE LEVEL AT WHICH IT WOULD

BECOME DE -- DEREGULATED UPON VACANCY. BUT, AGAIN, TENANTS WILL

SUFFER, THE BUILDINGS WILL NOT BE IMPROVED, THE APARTMENTS WILL NOT BE

IMPROVED. SO YOU KIND OF HAVE A CATCH-22. AND YEAH, THERE MAY BE

SOME BAD ACTORS, AND NO DOUBT THERE ARE -- THERE MAY BE A FEW BAD

ACTORS IN THE -- IN THE INDUSTRY. THERE ARE NO DOUBT BAD ACTORS WHO ARE

TENANTS WHO ARE TRASHING THEIR APARTMENTS AND NOT BEHAVING AS GOOD

TENANTS SHOULD AND, THEREFORE, WE END UP WITH A SYSTEM THAT

NYS ASSEMBLY MAY 15, 2018

INCENTIVIZES BUILDING OWNERS TO WANT TO MOVE PEOPLE LIKE THAT OUT AND

GET THAT RENT MOVING UPWARD. BUT THE BOTTOM LINE HERE IS, THIS IS GOING

TO KEEP APARTMENTS OFF THE MARKET. IT'S GOING TO PREVENT INDIVIDUAL

APARTMENTS FROM BEING IMPROVED AS THEY SHOULD, AND ALL IN ALL, THE

PROBLEM CONTINUES TO GET WORSE, PEOPLE FIND IT MORE AND MORE DIFFICULT

TO FIND AFFORDABLE HOUSING. AND THE CITY, AGAIN, BY MAKING THE

LANDLORD, THE BUILDING OWNER, THE PROPERTY OWNER, THE VILLAIN, IT EASES

THE PRESSURE ON THE CITY TO DO WHAT IT NEEDS TO DO, TO EITHER CHANGE

ZONING OR CREATE OPPORTUNITIES FOR DEVELOPERS TO COME IN AND FILL THAT

NEED.

SO, FOR THOSE REASONS, I WOULD ENCOURAGE A NO VOTE ON

THIS LEGISLATION, MR. SPEAKER. THANK YOU VERY MUCH. THANK YOU,

WALTER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. RICHARDSON TO EXPLAIN HER VOTE.

MS. RICHARDSON: THANK YOU, MR. SPEAKER. I

REALLY HAVE TO COMMEND THE SPONSOR OF THIS PIECE OF LEGISLATION. AS

YOU KNOW, I PROUDLY REPRESENT THE 43RD ASSEMBLY DISTRICT, WHICH

ENCOMPASSES CROWN HEIGHTS, PROSPECT-LEFFERTS GARDENS AND EAST

FLATBUSH. AND WE HAVE SOME SEVERE ISSUES WHERE AFFORDABLE HOUSING

NYS ASSEMBLY MAY 15, 2018

IS CONCERNED. OUR DISTRICT IS HOME TO THE THIRD-HIGHEST CONCENTRATION

OF RENT-STABILIZED APARTMENTS IN THE STATE OF NEW YORK. AND I AM HERE

TO TELL YOU THAT ON THE GROUND THERE IS A NUMBERS GAME BEING PLAYED BY

LANDLORDS AS IT REGARDS TO THE RENTS. THEY ARE USING SO MANY LOOPHOLES,

SUCH AS VACANCY DECONTROL, MCIS, AS WELL AS IAIS -- WHICH THIS BILL

ADDRESSES -- TO INCREASE THE RENT, TO BRING RENTS TO A LEVEL WHERE THEY

ARE ABLE TO DESTABILIZE APARTMENTS OUT OF RENT STABILIZATION, AND

BRINGING UNITS TO MARKET RATES RENTS, WHICH IS WELL ABOVE WHAT OUR

RESIDENTS CAN AFFORD.

IN ADDITION, I THANK GOD FOR THE OVERSIGHT THAT THIS BILL

PROVIDES. BECAUSE LARGE AT TIMES, DCR -- OR DHCR, EXCUSE ME,

WOULD APPROVE THE UPWARD, YOU KNOW, TICK OF THE RENT WITHOUT COMING

TO CHECK TO ENSURE THAT THE WORK IS PROPERLY DONE, OR THAT WORK THAT THE

LANDLORD SAID THAT THEY DID WAS, IN FACT, COMPLETED.

SO, I THINK THAT THIS BILL IS VERY TIMELY, AND I THANK THE

PEOPLE'S HOUSE FOR VOTING IN THE AFFIRMATIVE, WHICH I DO AS WELL.

ACTING SPEAKER AUBRY: MS. RICHARDSON IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. OUR

FINAL COMMITTEE OF THE DAY OFF THE FLOOR IS ABOUT TO TAKE PLACE.

MEMBERS OF THE WAYS AND MEANS COMMITTEE SHOULD JOIN MS.

NYS ASSEMBLY MAY 15, 2018

WEINSTEIN IN THE SPEAKER'S CONFERENCE ROOM. WAYS AND MEANS IN THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER, FOR

ALLOWING A BRIEF INTERRUPTION FOR THE INTRODUCTION OF A NUMBER OF

DISTINGUISHED FOLKS WHO HAVE JOINED US WHO ARE INVOLVED WITH

PREVENTION GROUPS FROM AROUND THE STATE. THEY'RE HERE ARE GUESTS OF

MS. ROSENTHAL, MS. LUPARDO AND MR. ORTIZ. AND I'D LIKE TO

ACKNOWLEDGE THE GROUPS WHO HAVE JOINED US TO OBSERVE OUR

PROCEEDINGS, BEGINNING WITH THE NEW YORK CITY BOARD OF EDUCATION

SUBSTANCE ABUSE PREVENTION AND INTERVENTION; THE "LET'S TALK SAFETY"

GROUP, WHICH IS IN MR. GOTTFRIED'S DISTRICT; THE HAMILTON-FULTON-

MONTGOMERY COUNCIL, WHICH IS FROM MR. SANTABARBARA AND MR.

BUTLER'S DISTRICTS; ALSO JOINING US ARE THE SINGLE PARENT RESOURCE

CENTER, LOCATED IN MR. QUART'S DISTRICT; THE IBERO-AMERICAN ACTION

LEAGUE, WHICH IS IN MR. GANTT'S DISTRICT; THE CASA TRINITY GROUP, WHICH

IS IN MR. FRIEND'S DISTRICT; THE OUR LADY OF LOURDES MEMORIAL

HOSPITAL, WHICH IS, AS I INDICATED, IN MS. -- OR MS. LUPARDO'S DISTRICT;

AND IN -- MR. PALUMBO'S DISTRICT IS REPRESENTED BY THE RIVERHEAD

COMMUNITY AWARENESS PROGRAM. ALL OF THESE FINE GROUPS AND THE

INDIVIDUALS WHO REPRESENT THEM ARE DOING INCREDIBLE WORK IN OUR STATE,

AND HAVE JOINED US TODAY AS OUR GUESTS TO OBSERVE THE LEGISLATIVE

PROCEEDINGS.

NYS ASSEMBLY MAY 15, 2018

AND IF YOU'D PLEASE EXTEND ALL THE PRIVILEGES OF THE

FLOOR TO THESE OUTSTANDING GROUPS, WE'D APPRECIATE SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. ROSENTHAL, MS. LUPARDO, MR. ORTIZ, MR. GOTTFRIED, MS. FRIEND

-- MR. FRIEND, MR. QUART, MR. SANTABARBARA, MR. BUTLER, MR. GANTT, MR.

PALUMBO, THE SPEAKER AND ALL THE REST OF THE MEMBERS, WE WELCOME

THESE DISTINGUISHED GROUPS HERE TO THE NEW YORK ASSEMBLY. WE

COMMEND YOU ON THE WORK THAT YOU ARE DOING IN THESE COMMUNITIES.

WE HOPE THAT YOU WILL CONTINUE THAT WORK. YOU ARE ALWAYS WELCOME

HERE. THIS IS THE PEOPLE'S HOUSE, AND WE HAVE A COMMITMENT TO TRYING

TO HELP THE COMMUNITIES OF THE STATE OF NEW YORK. THANK YOU SO VERY

MUCH FOR BEING HERE.

(APPLAUSE)

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. I HAVE THE

PLEASURE OF INTRODUCING SOME GUESTS OF OUR COLLEAGUES HERE. ON BEHALF

OF ASSEMBLYMAN GARBARINO, MR. RAIA, MR. SMITH AND MR. MURRAY,

JOHN LORENZO HAS JOINED US IN THE CHAMBER. HE'S A SMALL BUSINESS

OWNER ON LONG ISLAND, FOCUSING IN LAND TITLE INSURANCE, AND IS ALSO VERY

INVOLVED IN NUMEROUS LOCAL COMMUNITY ORGANIZATIONS.

SO, IF YOU CAN EXTEND THE CORDIALITIES OF THE HOUSE

AND WELCOME HIM, I'D APPRECIATE IT. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GARBARINO, MR. RAIA, MR. SMITH, MR. MURRAY, WE WELCOME YOU

GENTLEMEN HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

NYS ASSEMBLY MAY 15, 2018

PRIVILEGES OF THE FLOOR, HOPE THAT YOU HAVE ENJOYED OUR PROCEEDINGS.

ALWAYS WISH THAT YOU WILL COME BACK AND JOIN US, AND CONTINUE THE

GREAT WORK YOU DO IN YOUR NEIGHBORHOODS. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. RA FOR A SECOND.

MR. RA: THANK YOU, MR. SPEAKER. WE ALSO HAVE A

FEW -- A FEW MORE FIRE INDIVIDUALS WHO ARE HERE. SO, ON BEHALF OF MR.

DIPIETRO, WE ARE JOINED BY MARK SCHAEFER, WHO IS THE CHIEF OF THE

BLOSSOM FIRE COMPANY; AND MELISSA SCHAEFER, WHO'S THE DIRECTOR OF

THE BLOSSOM FIRE COMPANY. THEY'RE VISITING US FROM ELMA, NEW

YORK. AND WE ALSO HAVE, ON BEHALF OF MR. TAGUE, THE SCHOHARIE

COUNTY FIRE COORDINATOR, CHIEF MATT BRISLEY; JEFFERSON FIRE CHIEF

WILLIAM BIVONA; AND WORCESTER FIRE DEPARTMENT CHIEF JIM EMPIE.

IF YOU CAN EXTEND THE CORDIALITIES OF THE HOUSE TO

THOSE INDIVIDUALS.

ACTING SPEAKER AUBRY: CERTAINLY.

(APPLAUSE)

ON BEHALF OF MR. DIPIETRO, MR. TAGUE, THE SPEAKER

AND ALL THE MEMBERS, WE WELCOME YOU HERE TO THE NEW YORK STATE

ASSEMBLY. WE COMMEND YOU ON THE WORK THAT YOU DO IN KEEPING YOUR

COMMUNITIES SAFE. WE HOPE THAT YOU WILL CONTINUE THAT WORK, AND THAT

YOU WILL PROSPER IN THE WORK THAT YOU DO. THANK YOU SO VERY MUCH FOR

BEING HERE.

(APPLAUSE)

AND, MR. RA.

NYS ASSEMBLY MAY 15, 2018

MR. RA: THANK YOU, MR. SPEAKER. ONE MORE. ON

BEHALF OF MR. DIPIETRO, WE ARE JOINED IN THE CHAMBER TODAY BY MELISSA

HARTMAN, WHO IS THE TOWN OF EDEN SUPERVISOR; AND MARY HOSLER, WHO

IS THE TOWN OF EVANS SUPERVISOR.

IF YOU CAN EXTEND TO THEM THE CORDIALITIES OF THE

HOUSE. THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DIPIETRO, WE WELCOME THESE TOWN SUPERVISORS HERE TO THE NEW

YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK

YOU FOR JOINING US HERE IN ALBANY. HOPE THAT YOU CONTINUE AND ARE

SUCCESSFUL IN TAKING CARE OF YOUR COMMUNITIES. THANK YOU SO VERY

MUCH FOR THE WORK THAT YOU DO AS A PUBLIC SERVANT. THANK YOU.

(APPLAUSE).

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00268, CALENDAR NO.

20, L. ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED, DAVILA, PICHARDO, BICHOTTE,

COLTON, JOYNER, WALKER, DINOWITZ, BLAKE, GLICK, DE LA ROSA, BARRON.

AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK

AND THE EMERGENCY HOUSING RENT CONTROL LAW, IN RELATION TO THE

ESTABLISHMENT OF RENT ADJUSTMENTS; AND REPEALING CERTAIN PROVISIONS OF

THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK RELATING THERETO.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

SHH. WE'RE ON DEBATE.

(PAUSE)

NYS ASSEMBLY MAY 15, 2018

MS. ROSENTHAL: THIS BILL WOULD -- DID YOU ASK

FOR AN EXPLANATION? YES? I DON'T KNOW --

ACTING SPEAKER AUBRY: AN EXPLANATION WAS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER. THIS

BILL WOULD CREATE PARITY BETWEEN RENT CONTROL AND RENT STABILIZATION BY

CAPPING INCREASES FOR RENT-CONTROLLED APARTMENTS AT A LEVEL EQUAL TO THE

AVERAGE OF THE PREVIOUS FIVE RENT INCREASES UNDER THE RENT GUIDELINES

BOARD FOR ONE-YEAR STABILIZED RENEWAL LEASES.

ACTING SPEAKER RICHARDSON: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER,

WOULD THE SPONSOR YIELD?

MS. ROSENTHAL: YES -- OH, YOU HAVE TO ASK ME

THAT.

ACTING SPEAKER RICHARDSON: WILL YOU

YIELD, MS. ROSENTHAL?

MS. ROSENTHAL: I WILL.

ACTING SPEAKER RICHARDSON: OKAY.

MR. GOODELL: MS. ROSENTHAL, YESTERDAY WE

TALKED ABOUT REGULATING THE RENT INCREASES ON RENT-STABILIZED

APARTMENTS. THIS WOULD EXTEND RENT CONTROLS ON RENT-CONTROLLED

APARTMENTS, RIGHT?

MS. ROSENTHAL: NO --

MR. GOODELL: IT WOULD REDUCE RENT-CONTROLLED

APARTMENTS?

NYS ASSEMBLY MAY 15, 2018

MS. ROSENTHAL: NO, NO, THE RENT CONTROL -- IT

WOULD CHANGE THE WAY INCREASES ARE CALCULATED FOR PEOPLE LIVING IN

RENT-CONTROLLED APARTMENTS, WHICH IS DIFFERENT THAN RENT-STABILIZED.

MR. GOODELL: RIGHT. AND UNDER OUR CURRENT LAW,

A LANDLORD CAN INCREASE THE RENT ON A RENT-CONTROLLED APARTMENT UP TO

SEVEN-AND-HALF PERCENT UNTIL THEY REACH THE MAXIMUM BASE RENTAL, AT

WHICH POINT THEY'RE CAPPED; IS THAT CORRECT?

MS. ROSENTHAL: WELL, THEY ARE ALLOWED -- THERE'S

A MAXIMUM BASE RENT, AND A MAXIMUM COLLECTIBLE RENT, BUT THAT DOES

END UP BEING -- IT'S ALLOWED PROBABLY 7.5 EVERY YEAR.

MR. GOODELL: AND OF COURSE GOING BACK, IF YOU

GO BACK FIVE YEARS, THEN WHAT YOU'RE DOING IS CHANGING THE RULES OF THE

GAME BY SAYING, YOU MAY HAVE BEEN INVOLVED IN A RENT-CONTROLLED

APARTMENT, YOU SIGNED A CONTRACT TO BE IN THAT PROGRAM. YOU'VE BEEN

FOLLOWING ALL THE RULES AND REGULATIONS, YOU KNEW WHAT THE POLICIES

WERE AND YOU KNEW THE STANDARDS. YOU'RE COMPLYING WITH ALL THOSE,

AND NOW WE'RE CHANGING THE RULES?

MS. ROSENTHAL: WELL, LET ME EXPLAIN THAT. RENT

CONTROL HAS BEEN IN EXISTENCE FOR ABOUT 52 YEARS NOW, SINCE 1946. THE

PEOPLE WHO CURRENTLY LIVE IN RENT-CONTROLLED APARTMENTS -- AND IT'S

SADLY DOWN TO ABOUT 22,000 APARTMENTS, WHEN WE USED TO HAVE MAYBE

A MILLION OR MORE -- SO, THE PEOPLE WHO CURRENTLY LIVE IN

RENT-CONTROLLED APARTMENTS, THE MAJORITY ARE ELDERLY, ON FIXED INCOMES.

AND WHEN THEY GET SUCH A HUGE INCREASE EVERY YEAR, THEY ARE UNABLE TO

AFFORD TO PAY THE RENT.

NYS ASSEMBLY MAY 15, 2018

MR. GOODELL: WELL, JUST TO BE CLEAR, UNDER

CURRENT LAW, THE INCREASE IS CAPPED TO SEVEN-AND-HALF PERCENT, RIGHT?

MS. ROSENTHAL: IT DEPENDS WHAT THE MAXIMUM

COLLECTIBLE AND MAXIMUM BASE RENT IS.

MR. GOODELL: BUT IT -- THEY CAN ONLY INCREASE IT

BY A MAXIMUM OF SEVEN-AND-A-HALF PERCENT UNTIL THEY REACH THE

MAXIMUM BASE RENT, CORRECT? THAT'S THE CURRENT --

MS. ROSENTHAL: WELL --

MR. GOODELL: -- LAW.

MS. ROSENTHAL: -- "ONLY" IS AN INCORRECT

MODIFIER. BUT, 7.5, YES.

MR. GOODELL: AND THE MAXIMUM BASE RENT IS RENT

THAT'S ESTABLISHED BY THE DIVISION OF HOUSING AND COMMUNITY

RENEWAL, RIGHT --

MS. ROSENTHAL: YES. YES.

MR. GOODELL: -- AS A FAIR AND REASONABLE RENT FOR

THESE TYPES OF APARTMENTS.

MS. ROSENTHAL: YES. IT IS A VERY ANTIQUATED

FORMULA, WHICH HCR (SIC) AGREES. AND I'VE HAD MEETINGS WITH THEM.

THERE ARE PROBABLY ONLY TWO PEOPLE LEFT WHO TRULY UNDERSTAND THIS

FORMULA, BECAUSE IT IS ARCHAIC, IT IS NOT WITH THE TIMES, AND IT DOES NOT

SERVE THE PUBLIC ADEQUATELY.

MR. GOODELL: NOW, I APPRECIATE --

MS. ROSENTHAL: BECAUSE --

MR. GOODELL: -- THE FACT THAT IT'S BEEN ABOUT 50

NYS ASSEMBLY MAY 15, 2018

YEARS THAT THESE APARTMENTS HAVE BEEN RENT-CONTROLLED. THAT WAS -- I --

I THINK THAT'S WHAT YOU MENTIONED EARLIER, 50-SOME YEARS.

MS. ROSENTHAL: MM-HM.

MR. GOODELL: BUT, AS YOU KNOW, OF COURSE, FOR

OVER 250 YEARS, WE'VE HAD A U.S. CONSTITUTION WHICH PROVIDES THAT NO

STATE SHALL PASS ANY LAW IMPAIRING THE OBLIGATIONS OF CONTRACTS. ISN'T

THAT EXACTLY WHAT THIS BILL DOES?

MS. ROSENTHAL: YOU KNOW, WE'VE DONE MANY,

MANY LAWS OVER THE YEARS THAT HAVE CHANGED CONDITIONS WHEN A

PROGRAM WAS INITIALLY DEVELOPED.

MR. GOODELL: AND HAS THIS ISSUE BEEN EVER

AUTHORIZED OR APPROVED BY THE COURTS UNDER THE CONTEXT IN WHICH YOU'RE

PROPOSING HERE TODAY?

MS. ROSENTHAL: I DON'T KNOW THAT THIS PARTICULAR

ISSUE WAS BROUGHT TO THE COURTS TO CHANGE IT. THAT'S WHY WE'RE TRYING

TO CHANGE IT HERE ON THE FLOOR, BECAUSE THE SENIORS WHO LIVE IN THOSE

APARTMENTS, SOME OF THEM NOW PAY MORE RENT THAN THEIR RENT-STABILIZED

NEIGHBORS. AND THAT'S BECAUSE IT'S 7.5 PERCENT. THE INCREASE ADDS UP.

IN ADDITION TO GETTING A 7.5 PERCENT INCREASE, THESE TENANTS ARE ALSO

OBLIGATED TO PAY A FUEL PASSALONG, WHICH IS ANOTHER BURDEN ON THEM

THAT NO OTHER TENANT HAS TO PAY.

MR. GOODELL: AND FOR ANY TENANT THAT HAPPENS TO

BE IN A RENT-CONTROLLED APARTMENT WHERE THE RENT IS HIGHER THAN A RENT-

STABILIZED APARTMENT, THEY, OF COURSE, ARE FREE TO MOVE AT THE END OF

THEIR LEASE, SHOULD THEY DESIRE --

NYS ASSEMBLY MAY 15, 2018

MS. ROSENTHAL: EXCUSE ME, I --

MR. GOODELL: I'M NOT, BY THE WAY, IN ANY WAY

SUGGESTING THAT MOVING IS --

MS. ROSENTHAL: -- YOU KNOW AT 85 YEARS OLD,

WHERE IS SOMEONE GOING TO MOVE TO?

MR. GOODELL: EXCUSE ME, LET ME JUST FINISH. I'M

NOT IN ANY WAY SUGGESTING THAT MOVING IS AN EASY THING, PARTICULARLY IF

YOU'VE BEEN IN AN APARTMENT FOR A LONG, LONG TIME. BUT, THAT'S THE WAY

THE MARKET WORKS, RIGHT?

MS. ROSENTHAL: ACTUALLY, WE --

MR. GOODELL: IT HAS THAT FLEXIBILITY?

MS. ROSENTHAL: -- WE ARE A MORE COMPASSIONATE

SOCIETY THAN THAT, AND WE TRY TO LOOK AFTER OUR ELDERLY, ESPECIALLY WHEN

THEY LIVE IN COMMUNITIES THAT THEY HAVE BUILT, THAT THEY ARE THE

FOUNDATION OF, THAT THEY HAVE ENDURED THE BAD TIMES, THAT THEY LIVE IN

THIS APARTMENT THAT GENERALLY THE LANDLORD NEGLECTS, THAT THEY ARE

GENERALLY HARASSED BECAUSE THE LANDLORD COVETS THEIR APARTMENT. SO, TO

TELL SOMEONE WHO'S 85 AND HAS LIVED IN THEIR APARTMENT FOR 47-

SOMETHING YEARS, YOU CAN MOVE, ACTUALLY SPELLS THE DEATH OF THAT

TENANT.

MR. GOODELL: AND ROUGHLY, WHAT PERCENT OF

RENT-CONTROLLED APARTMENTS THAT ARE WELL BELOW THE MAXIMUM BASE RENT

ARE STILL BEING CHARGED THE RENT AMOUNT THAT EXCEEDS THAT OF A RENT-

STABILIZED APARTMENT?

MS. ROSENTHAL: I DON'T --

NYS ASSEMBLY MAY 15, 2018

MR. GOODELL: I MEAN, NORMALLY --

MS. ROSENTHAL: -- I DON'T HAVE THAT NUMBER.

MR. GOODELL: -- IT'S THE OTHER WAY AROUND.

NORMALLY, A RENT-STABILIZED APARTMENT HAS SIGNIFICANTLY HIGHER RENTALS.

I MEAN, THAT'S WHY WE HAVE THE DIFFERENCE BETWEEN RENT-CONTROLLED AND

RENT-STABILIZED. IT'S -- SO IT'S GOT TO BE A VERY, VERY SMALL FRACTION OF

RENT-CONTROLLED APARTMENTS THAT ARE HIGHER THAN RENT-STABILIZED,

CORRECT?

MS. ROSENTHAL: I'M -- I WOULD NOT AGREE WITH

THAT.

MR. GOODELL: AND WHAT PERCENT --

MS. ROSENTHAL: I'D SAY THE AVERAGE RENT --

MR. GOODELL: -- IS THE DIFFERENCE, THEN?

MS. ROSENTHAL: -- IS PROBABLY $2,000. AND I

MUST SAY THAT THE TENANTS WHO LIVE IN MY DISTRICT AND ARE

RENT-CONTROLLED COME TO MY OFFICE AND MY COLLEAGUES' OFFICES, TALKING

ABOUT HOW THEY SEND IN THEIR RENT CHECKS AND THE LANDLORD PURPOSELY

DOES NOT CASH THEM. AND MANY OTHER TRICKS TO MAKE THEM FEEL

HARASSED. BECAUSE THEY'RE NICE APARTMENTS, THEY OBVIOUSLY NEED TO BE

UPDATED, BUT THE LANDLORD'S LOOKING FOR WHO CAN FETCH A HIGHER RENT.

I'VE MET A TENANT -- WELL, SHE WAS 95, AND HER LANDLORD WAS TRYING TO

EVICT HER AS A RENT-CONTROLLED TENANT. SO, THESE TENANTS NEED OUR

PROTECTION. AND THEY ALSO NEED A RELIEF FROM THE HIGH RENT THEY ARE --

THEY ARE PAYING.

MR. GOODELL: THANK YOU VERY MUCH FOR YOUR

NYS ASSEMBLY MAY 15, 2018

COMMENTS, MS. ROSENTHAL.

ON THE BILL.

ACTING SPEAKER RICHARDSON: ON THE BILL,

MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

GENERALLY SPEAKING, RENT-CONTROLLED APARTMENTS RENT FOR MUCH, MUCH

LOWER THAN RENT-STABILIZED APARTMENTS, AND THAT'S BECAUSE THEY'VE BEEN

CONTROLLED. AND UNDER THE CURRENT SCENARIO THAT WE HAVE, OUR DIVISION

OF HOUSING COMMUNITY RENEWAL, A GOVERNMENTAL AGENCY, SETS A

MAXIMUM BASE RENT FOR ALL RENT-CONTROLLED APARTMENTS. AND UNDER

CURRENT LAW, IF THE LANDLORD IS CHARGING SUBSTANTIALLY LESS THAN THE

GOVERNMENT-APPROVED MAXIMUM BASE RENT, THE LANDLORD CAN GRADUALLY

RAISE THAT RENT UP UNTIL IT REACHES THE MAXIMUM BASE RENT. SO, THE --

THERE IS CAP UNDER CURRENT LAW. AND WHAT THIS BILL SAYS IS, WE DON'T

CARE WHAT YOUR EXPENSES HAVE BEEN, WE DON'T CARE IF YOUR UTILITIES HAVE

GONE UP, WE DON'T CARE IF YOUR MAINTENANCE COSTS HAVE GONE UP, WE

DON'T CARE IF YOU'RE UPGRADING THE APARTMENT. WITH SOME EXCEPTIONS,

YOU CANNOT RAISE THE RENT FASTER THAN YOU'VE RAISED IT FOR THE LAST FIVE

YEARS. THERE'S TWO PROBLEMS WITH THAT APPROACH: FIRST OF ALL, IT

PUNISHES ALL THOSE LANDLORDS WHO HAVE DONE EXACTLY WHAT WE HOPED

THEY WILL DO BY MINIMIZING RENT INCREASES IN PRIOR YEARS BY SAYING, IF

YOU ACTED IN A RESPONSIBLE MANNER AND MINIMIZED RENT INCREASES IN THE

LAST FIVE, WE'RE GOING TO PUNISH YOU IN THE FUTURE BY MAKING SURE YOU

CAN'T RAISE IT MORE IN THE FUTURE. AND THE LONG-TERM EFFECT IS THAT

LANDLORDS WILL TAKE THAT INTO ACCOUNT AND NOT GIVE THE BREAK THAT WE

NYS ASSEMBLY MAY 15, 2018

HOPE THEY GIVE WHENEVER THEY CAN.

THE SECOND PROBLEM WITH THIS LEGISLATION IS IT'S

UNCONSTITUTIONAL BECAUSE IT CHANGES THE CONTRACTURAL RULES OF THE GAME

IN THE MIDDLE OF A CONTRACT. AND JUST BECAUSE GOVERNMENT MAY BE A

PARTY TO A CONTRACT DOESN'T MEAN WE GET TO REWRITE THE RULES SO THEY

DON'T EXIST, REWRITE THE CONTRACTS. AND THAT'S EXPRESSLY PROHIBITED BY

THE FEDERAL CONSTITUTION.

AND THE LAST THING IS, WE'RE ALWAYS BALANCING THE

DESIRE FOR HIGH-QUALITY HOUSING WITH THE RENTS. AND WE KNOW IF WE

ARTIFICIALLY SUPPRESS THE RENTS, IT RESULTS IN THE LANDLORD'S INABILITY TO

MAINTAIN THE APARTMENTS AT THE LEVEL THAT WE BELIEVE SHOULD BE

APPROPRIATE.

FOR THESE REASONS AND OTHERS, I AND MANY OF MY

COLLEAGUES WILL HAVE CONCERNS WITH THIS BILL.

THANK YOU, MADAM SPEAKER. AND THANK YOU,

SPONSOR, FOR YOUR COMMENTS.

ACTING SPEAKER RICHARDSON: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER RICHARDSON: THE CLERK

WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ASSEMBLYMEMBER EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MS. SPEAKER, FOR THE

NYS ASSEMBLY MAY 15, 2018

OPPORTUNITY TO EXPLAIN MY VOTE TODAY. I JUST WANTED TO BE CLEAR ABOUT

WHAT WE'RE TALKING ABOUT FOR RENT-CONTROLLED APARTMENTS. WHEN WE'RE

TALKING ABOUT INCREASES, WE'RE NOT TALKING ABOUT ACTUAL COST CHANGES FOR

LANDLORDS. THEY USE WHAT'S CALLED THE "PRICE INDEX OF OPERATING COSTS."

AND IT SAYS, THE PRICE OF PAPER HAS GONE UP FROM THIS AMOUNT TO THIS

AMOUNT, SO THAT MEANS LANDLORDS' EXPENSES HAVE THEORETICALLY GONE UP.

THAT'S ACTUALLY NOT WHAT'S HAPPENED. WHEN LANDLORDS USE LESS PAPER,

THAT'S NOT INCLUDED IN THE PRICE INDEX OF OPERATING COSTS. SO, WHEN THE

HCR (SIC) IS SETTING RENT INCREASES FOR RENT-CONTROLLED APARTMENTS,

THEY'RE BASING IT ON THEORETICAL PROBLEMS, NOT ACTUAL ISSUES THAT ARE

GOING ON. SO, WHAT WE'RE SEEING IS RENT-CONTROLLED TENANTS SEE --

SEEING SERIOUS RENT INCREASES, WHEN THE REALITY IS THE MARKET DOESN'T

SUPPORT THAT, AND THE COST CHANGES IN LANDLORDS ISN'T SUPPORTING THAT.

SO, THE IDEA THAT WE'RE HELPING LANDLORDS AND DEALING WITH THE COST

CHANGES IS JUST NOT TRUE.

THE SECOND ISSUE IS THAT WE'RE SUPPRESSING RENT IS NO

FURTHER FROM THE TRUTH. THE REALITY IS, THAT WHAT RENT-CONTROLLED

APARTMENTS ARE DOING, ARE KEEPING PEOPLE IN COMMUNITIES. THE FEW

RENT-CONTROLLED TENANTS THAT ARE LEFT IN MY DISTRICT ARE THERE BECAUSE

THEY'VE LIVED THERE. THEY RAISED THEIR KIDS HERE, THEIR GRANDCHILDREN

ARE THERE. AND WHAT THEY'LL DO IS TRYING TO STAY AND HOLD ON. AND WE'RE

SEEING WHAT THE RENT-CONTROLLED INCREASE IS DOING, WHICH ARE

OUTWEIGHING THE RENT-STABILIZED INCREASES, IS PUSHING THOSE LOW-INCOME

TENANTS OUT.

THE LAST ISSUE IS WHAT I THINK IS REALLY AN UNFOUNDED

NYS ASSEMBLY MAY 15, 2018

CONSTITUTIONAL CLAIM. WE CHANGE THE LAWS ALL THE TIME. THE IDEA THAT

BECAUSE WE'RE CHANGING A LAW HERE, IT'S GOT A CONSTITUTIONAL QUESTION, IS

NO FURTHER FROM THE TRUTH. THE -- THE U.S. CONSTITUTION TALKS ABOUT

CONTRACTS, BUT NOT SAYING THAT THE LEGISLATURE, IN ITS WISDOM, CAN

MODIFY RULES. LIKE WE MODIFIED THE RENT-STABILIZED RULES WHEN WE

DEREGULATED VACANCY DECONTROL. WHEN WE -- YOU'VE TALKED ABOUT

CHANGING THE RULES AROUND RENT CONTROL, WHEN WE TOOK AWAY RENT

CONTROL IN 1971. WE CHANGE THE RULES ALL THE TIME, AND THOSE HAVE

BEEN UPHELD. WHAT WE'RE TRYING TO DO IS CHANGE THE RULES NOW TO

IMPROVE THE LIFE OF LOW-INCOME TENANTS, AND THAT'S WHAT OUR OBLIGATIONS

ARE TO DO TODAY.

AND I SUPPORT THIS BILL, AND I WITHDRAW MY REQUEST

AND VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER RICHARDSON: MR. EPSTEIN

IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER, FOR

ALLOWING A BRIEF INTERRUPTION. WE ARE SO HAPPY TO HAVE AS GUESTS OF

MR. DENDEKKER, THE GIRLS BASKETBALL TEAM FROM LEXINGTON SCHOOL FOR

THE DEAF, AS WELL AS THE BOYS BASKETBALL, AS WELL AS THE CHEER SQUAD.

AND WE ARE SO EXCITED TO HAVE THEM IN THE CHAMBERS. MR. DENDEKKER

NYS ASSEMBLY MAY 15, 2018

INDICATED THAT THERE WAS A -- AN ATHLETIC COMPETITION THIS AFTERNOON THAT

WOULD BE TAKING PLACE. I UNDERSTAND IT'S THE FIRST TIME THAT THIS IS A

CO-ED TEAM FROM LEXINGTON WILL BE PLAYING. AND IF I COULD JUST GIVE

YOU AN INDICATION OF HOW GOOD THE GIRLS BASKETBALL TEAM IS, YOU'LL

UNDERSTAND WHY THIS IS CO-ED THIS YEAR. THIS WILL BE A BIG BENEFIT FOR

THE TEAM. THE GIRLS BASKETBALL TEAM WON FIRST PLACE AT THE EASTERN

SCHOOLS FOR THE DEAF ATHLETIC ASSOCIATION TOURNAMENT IN OHIO -- IN

OHIO SCHOOL FOR THE DEAF, IT TOOK PLACE THERE. IT HAD BEEN 20 YEARS

SINCE LEXINGTON WON THE TROPHY, SO THIS IS A BIG DEAL. THIS YEAR THE

TEAM DID WIN, AND TAKE FIRST PLACE IN THE METRO LEAGUE, WHERE THEY

PLAY. IT'S THE SECOND-STRAIGHT METRO CHAMPIONSHIP. THE TEAM WAS 17

AND 2, WHICH IS OBVIOUSLY, A -- AN AMAZING RECORD. THE BOYS

BASKETBALL TEAM TOOK FOURTH PLACE AT THE ESDAA TOURNAMENT AT

WESTERN PENNSYLVANIA SCHOOL FOR THE DEAF. THAT ALSO BACK IN

FEBRUARY. AND SPECIAL RECOGNITION WENT TO -- TO STEVE SALMON FOR

MAKING THE ALL-TOURNAMENT BASKETBALL TEAM. I SHOULD SAY THAT ON THE

GIRLS' SIDE THAT YENIFER GARCIA, GIGI ZHENG AND HEIDY DE LA ROSA MADE

THE ALL-TOURNAMENT TEAM. AND WE'RE ALSO JOINED BY THE CHEER SQUAD.

THEY WON SECOND PLACE AT THE ESDAA CHEERLEADING TOURNAMENT,

WHICH TOOK PLACE IN FEBRUARY. SPECIAL RECOGNITION GOING TO AARON AND

JORDAN LAIKRAM FOR MAKING THE ALL-TOURNAMENT TEAM FOR

CHEERLEADING.

THESE ARE DELIGHTFUL AND ACCOMPLISHED YOUNG PEOPLE.

THEY'RE HERE WITH THEIR CHAPERONES. WE'RE ALWAYS DELIGHTED TO HAVE

THEM IN THE CHAMBERS. AND I KNOW, HOWEVER, DESPITE THEIR SIGNIFICANT

NYS ASSEMBLY MAY 15, 2018

ATHLETIC ACCOMPLISHMENTS AND ACHIEVEMENTS, THAT YOU, MR. AUBRY, WILL

LEAD VICTORY FOR THE LEGISLATIVE TEAM TONIGHT. I HAVE NO DOUBT.

BUT IF YOU COULD -- WHILE THEY'RE RELAXING AND

ENJOYING THE PROCEEDINGS, IF YOU COULD PLEASE EXTEND THE CORDIALITIES OF

THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DENDEKKER, MYSELF, ALL OF THE QUEENS DELEGATION, THE SPEAKER

AND ALL THE MEMBERS, WE WELCOME THESE EXTRAORDINARY ATHLETES HERE TO

THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. WE HOPE THAT TODAY'S EXPERIENCE WILL BE MEANINGFUL TO YOU. WE

LOOK FORWARD TO SEEING YOU TONIGHT IN THE ATHLETIC COMPETITION, AND WE

HOPE THAT EVERYBODY LEAVES WITH A SMILE. AND SO, THANK YOU SO VERY

MUCH FOR BEING HERE.

(APPLAUSE)

MR. MORELLE.

MR. MORELLE: YES. THANK YOU, MR. SPEAKER.

WE HAVE TWO MORE BILLS TO TAKE UP AS PART OF OUR HOUSING PACKAGE. SO,

IF WE COULD TAKE THESE TWO IN THIS ORDER: I'D LIKE TO TAKE UP FIRST,

CALENDAR NO. 846 BY MR. TAYLOR, WHICH IS ON PAGE 78 OF THE MAIN

CALENDAR, AND THEN GO TO CALENDAR NO. 305 BY MISS -- MS. ROSENTHAL,

WHICH IS ON PAGE 31.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A09816, CALENDAR NO.

846, TAYLOR, CYMBROWITZ, BARRON. AN ACT TO AMEND THE

ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE EMERGENCY TENANT

NYS ASSEMBLY MAY 15, 2018

PROTECTION ACT OF 1974, AND THE CIVIL PRACTICE LAW AND RULES, IN

RELATION TO RENT OVERCHARGES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. TAYLOR.

MR. TAYLOR: THANK YOU, MR. SPEAKER. UNDER

CURRENT LAW, A TENANT CHALLENGES A RENT REGULATION STATEMENT, A COURT OR

DHCR CANNOT CONSIDER CERTAIN YEARS BEYOND THE FOUR-YEAR STATUTE OF

LIMITATIONS. THIS BILL WOULD ALLOW THE COURT OR DHCR TO CONSIDER AND

DETERMINE A LEGAL REGULATED RENT IN A YEAR WHERE A LANDLORD HAS NOT

TIMELY FILED AN ANNUAL RENT REGISTRATION STATEMENT.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.

TAYLOR?

THE SPONSOR YIELDS.

MR. TAYLOR: YES.

(LAUGHTER)

MR. FITZPATRICK: THANK YOU, MR. SPEAKER --

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. FITZPATRICK: THANK YOU, MR. TAYLOR.

MR. TAYLOR: THANK YOU, MIKE.

MR. FITZPATRICK: AL, THE -- SO, LET ME ASK YOU

WHY-- WHAT --WHAT'S THE RATIONALE FOR THIS LEGISLATION? WHY IS A

FOUR-YEAR STATUTE OF LIMITATIONS NOT SUFFICIENT?

NYS ASSEMBLY MAY 15, 2018

MR. TAYLOR: WELL, IF -- IF A LANDLORD OR THEIR AGENT

FAILS TO FILE IN A TIMELY FASHION -- LET ME GIVE YOU THE CASE. IT WOULD BE

CINTRON VERSUS CALOGERO. AND IN THAT CASE, THE INCIDENT STARTED IN

1987 WHERE THEY BELIEVED THERE WAS A LACK OF SERVICES, AND DHCR

SAID, HEY, WE'RE GOING TO ALLOW YOU TO GET A -- A -- A REDUCTION IN YOUR

RENT. BUT IT DIDN'T TAKE PLACE. SO, MOVE FORWARD TO 2003, AND WHEN

THE COURTS LOOKED AT IT, THEY COULD ONLY GO BACK TO 1999. SO, THE YEARS

PRIOR TO THAT WERE NOT ABLE -- THEY WERE NOT ABLE TO GO BACK AND LOOK AT.

SO, THIS WOULD ALLOW THEM TO LOOK AT IT, EITHER BECAUSE THE LANDLORD HAS

FAILED, OR THEY INTENTIONALLY DID NOT FILE THE NECESSARY ANNUAL

INFORMATION.

MR. FITZPATRICK: SO -- SO, UNDER CINTRON, THE

CASE YOU STATE, THAT -- THAT HAPPENED MORE THAN FOUR YEARS PRIOR?

MR. TAYLOR: YES.

MR. FITZPATRICK: IT DID. OKAY.

MR. TAYLOR: IT BEGAN IN 1987. AND THEY -- THEY

HAD GONE TO DHCR ON NUMEROUS OCCASIONS -- IN FACT, THEY WERE GIVEN

THREE, AS I UNDERSTAND, THREE OPPORTUNITIES FOR RENT REDUCTION, AND

SOMEHOW IT DIDN'T TAKE PLACE. SO WHEN THE COURT IS HEARING IT WITH THE

NEW MANAGE -- NEW OWNERS OF THE PROPERTY HERE IN 2003, THEY CAN ONLY

GO BACK TO FOUR YEARS. THIS BILL WOULD ALLOW YOU TO GO BACK AN

ADDITIONAL FOUR YEARS ON THAT. BUT ONLY THE COURTS OR DHCR COULD DO

THAT.

MR. FITZPATRICK: ONLY THE COURT. SO -- SO WHAT

WAS -- WHAT WAS -- WHERE WAS THE FAILURE TO NOT IMPLEMENT THAT RENT --

NYS ASSEMBLY MAY 15, 2018

THAT RENT REDUCTION UNDER THAT CASE? WHOSE -- WHOSE -- WHO MADE THAT

MISTAKE, OR WHO MADE THAT FAILURE? WAS THAT --

MR. TAYLOR: PROBABLY SOME LAWYER.

MR. FITZPATRICK: DHCR? OR -- OR... OKAY.

(LAUGHTER)

MR. TAYLOR: I'M NOT SURE ON WHICH SIDE, THOUGH.

MR. FITZPATRICK: OKAY. VERY GOOD. SO -- SO

WHAT YOU'RE -- WHAT YOU'RE SEEKING HERE IS AN ADDITIONAL -- BESIDES ANY

RATE REDUCTION -- OR RENT REDUCTION, RATHER, THAT WOULD OCCUR WITHIN

THOSE FOUR YEARS, YOU WOULD SEEK ADDITIONAL RENT REDUCTION BEYOND THE

FOUR-YEAR STATUTE OF LIMITATIONS?

MR. TAYLOR: YEAH, THAT -- THAT'S THE PURPOSE OF

THIS BILL, TO MOVE THAT BACK, TO GRANT THE COURTS OR DHCR AN

OPPORTUNITY TO LOOK BEYOND THAT CURRENT FOUR YEARS. BECAUSE IF THE

LANDLORD DECIDES TO FILE, AND THEY DON'T FILE IN A TIMELY FASHION, THEY

COULD BRING THREE OR FOUR OR MORE ITEMS TOGETHER, AND SO IT'S ONE LUMP.

AND IF IT'S -- IF IT HAPPENED IN THIS CASE, 1999, YOU WOULD NOT SEE WHAT

THEY DID AND HOW THEY DID IT. AND THIS INFORMATION WOULD ONLY GO TO

THOSE THAT ARE SEEKING A LEASE WITH THE LANDLORD AND/OR THE CURRENT

OCCUPANTS OF THAT APARTMENT.

MR. FITZPATRICK: OKAY. VERY GOOD. VERY GOOD.

SO THEY'RE -- OKAY. SO, REGARDLESS OF WHO IS AT FAULT, AL --

MR. TAYLOR: YES.

MR. FITZPATRICK: -- REGARDLESS OF WHO IS AT FAULT,

IF IT'S NOT THE FAULT OF THE LANDLORD, THEN THE LANDLORD IS BEING UNFAIRLY

NYS ASSEMBLY MAY 15, 2018

TARGETED HERE FOR FURTHER RENT REDUCTIONS. WE ALREADY KNOW THAT

BECAUSE OF RENT STABILIZATION, RENTS ARE ALREADY ARTIFICIALLY DEPRESSED.

SO, WHERE IS THE FAIRNESS IN THIS?

MR. TAYLOR: I'M GLAD YOU ASKED THAT QUESTION. I

BELIEVE THE FAIRNESS WOULD EXIST IN THAT THE LANDLORD OR HIS AGENTS FILE

PROPERLY IN A TIMELY FASHION AND THIS DOESN'T AFFECT THEM. BUT IF THEY'RE

NOT DOING IT, THEN THIS IS GOING TO IMPACT THEM. AND THIS IS NOT A

JUDGMENT THAT THEY AUTOMATICALLY LOSE, BUT IT'S AN OPPORTUNITY TO LOOK

AT IT AND SAY -- AT THE SITUATION AND SAY, HEY, DID YOU DO IT RIGHT? AND

IF YOU DID IT RIGHT, THERE'S NO PROBLEM. THERE ARE NO FEES. ONLY IF YOU

FAIL TO DO WHAT WAS PROPER IN THE FIRST PLACE.

MR. FITZPATRICK: RIGHT. OKAY. VERY GOOD.

MR. TAYLOR: IN MY UNDERSTANDING.

MR. FITZPATRICK: ALL RIGHT. VERY GOOD. WELL,

THANK YOU, AL. I APPRECIATE YOUR -- THANK YOU VERY MUCH.

MR. TAYLOR: THANK YOU, MIKE.

MR. FITZPATRICK: MR. -- MR. SPEAKER, ON THE BILL.

AGAIN, I THINK THE LEGISLATION HAS A WORTHY INTENT, BUT

WE HAVE A STATUTE OF LIMITATIONS FOR A REASON; IT'S TO PROTECT THE INTERESTS

OF BOTH SIDES. SO, AS THE SPONSOR STATED, EVEN IF -- IF -- EVEN IF THE

LANDLORD IS NOT AT FAULT, THERE'S A POTENTIAL EXPOSURE HERE. SO, I THINK

THIS WOULD HAVE, YOU KNOW, A NEGATIVE IMPACT ON -- AGAIN, IT'S ANOTHER

IMPEDIMENT THAT WE ARE PUTTING IN FRONT OF PROPERTY OWNERS WHO ARE

PROVIDING A MUCH-NEEDED SERVICE, HOUSING, FOR PEOPLE. AND A STATUTE

OF LIMITATIONS OF FOUR YEARS IS NOT UNFAIR. IT IS REASONABLE. AND I THINK

NYS ASSEMBLY MAY 15, 2018

THAT'S THE OPERATIVE TERM HERE. IT IS A REASONABLE STATUTE OF LIMITATIONS.

SO, IF, YOU KNOW, THE LANDLORD IS ENCOURAGED TO DO THE RIGHT THING, A

FOUR-YEAR STATUTE OF LIMITATIONS IS MORE THAN ENOUGH. IT IS NOT

NECESSARY -- AGAIN, ANOTHER ATTEMPT HERE TO MOVE THE -- YOU KNOW,

MOVE THE GOALPOSTS, JUST MAKE THINGS A LITTLE MORE DIFFICULT FOR PEOPLE

WHO ARE TRYING TO PROVIDE HOUSING FOR A COMMUNITY THAT NEEDS MUCH,

MUCH MORE OF IT. THIS IS NOT GOING TO HELP DEVELOPERS COME IN AND

PROVIDE MORE AFFORDABLE HOUSING. IT'S ANOTHER DISINCENTIVE, AND IT

CREATES JUST INCREASED EXPOSURE, INCREASED EXPENSE, AND JUST MORE

PROBLEMS. IT WILL FLOOD -- YOU'LL SEE A FLOOD OF NEW -- OF NEW CASES

AGAINST LANDLORDS IF YOU ALLOW THE STATUTE OF LIMITATIONS TO STRETCH

BEYOND THE FOUR YEARS.

FOR THOSE REASONS, I WOULD ADVISE A NO VOTE ON THIS

LEGISLATION. THANK YOU, MR. SPEAKER.

THANK YOU, AL.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. CRESPO TO EXPLAIN HIS VOTE.

MR. CRESPO: THANK YOU, MR. SPEAKER. I WANT TO

COMMEND THE SPONSOR OF THIS BILL. THIS IS AN IMPORTANT BILL, AND -- AND

HE DID A GREAT JOB OF PASSIONATELY AND ELOQUENTLY EXPLAINING HOW IT

IMPACTS MANY OF OUR CONSTITUENTS. I'VE SEEN TIME AND TIME AGAIN IN MY

NYS ASSEMBLY MAY 15, 2018

DISTRICT OFFICE, FAMILIES WHO HAVE BEEN SUBJECTED TO RENT OVERCHARGES,

OFTENTIMES HAVING RECEIVED SUBPAR LIVING CONDITIONS IN MANY OF THOSE

UNITS. THIS IS A DETERRENT TO MAKE SURE THAT OWNERS DO THE RIGHT THING;

THAT THEY FILE THE RIGHT PAPERWORK, THAT THEY REGISTER THE UNITS AND THE

PROPER AMOUNT OF RENT SO AS TO KEEP THOSE PRICES WHERE THEY NEED TO

BE. I AM EXTREMELY IMPRESSED BY HIS WORK ON THIS BILL AND, MORE

IMPORTANTLY, BY GETTING THE GENTLEMAN SITTING RIGHT IN FRONT OF ME TO

VOTE YES AS WELL.

THANK YOU, MR. SPEAKER. I VOTE IN THE AFFIRMATIVE.

(LAUGHTER)

MR. SCHIMMINGER: I'M FOR AL.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

(APPLAUSE)

FIRST BILL, MR. TAYLOR. YOU'LL NEVER FORGET IT.

CONGRATULATIONS.

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I WANT TO

INTERRUPT JUST FOR A -- AN INTRODUCTION, IF I MIGHT, OF MR. DAVID ZAPSKY,

WHO HAS JOINED US IN THE CHAMBER AS A GUEST OF MR. BUCHWALD. MR.

ZAPSKY -- ZAPSKY IS A VETERAN OF OPERATION DESERT STORM, AND WAS PART

OF SOME RECOGNITION HERE IN -- IN THE OTHER HOUSE THIS MORNING, AND WE

WANTED TO ACKNOWLEDGE HIM. HE SERVED IN THE AIR FORCE FROM 1989 TO

NYS ASSEMBLY MAY 15, 2018

19 -- 18 -- 1996 -- THAT WOULD BE A TRICK -- AS A COMMUNICATION

INFORMATION SECURITIES SYSTEMS MANAGER, AND HAS ALSO -- HE SERVES

CURRENTLY AT THE FEDERAL RESERVE BANK OF NEW YORK, AND LIVES IN THE

TOWN OF BEDFORD, WHERE HE'S ALSO CREATED -- HELPED CREATE THE

VETERANS ADVISORY COMMITTEE FOR HIS FELLOW VETERANS. AND WE'RE

DELIGHTED TO HAVE HIM IN THE CHAMBERS AND OBSERVING OUR LEGISLATIVE

PROCEEDINGS.

I ALSO NOTE THAT HE HAS -- THERE'S ANOTHER SPECIAL GUEST

WHO HAS JOINED MR. BUCHWALD AND MR. ZAPSKY IN THE CHAMBER, AND

THAT'S OUR FORMER MEMBER, DEAR FRIEND AND MEMBER OF THE NOW OTHER

HOUSE OF THE LEGISLATURE, SENATOR SHELLEY MAYER.

SO, IF YOU'D PLEASE ACKNOWLEDGE ALL THESE FINE

INDIVIDUALS AND EXTEND THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. BUCHWALD, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE, SIR, TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. OUR GRATITUDE FOR THE SERVICE YOU'VE PROVIDED

THIS COUNTRY AND THAT YOU ARE ALSO CURRENTLY PROVIDING OTHER MEMBERS

OF THE ARMED FORCES.

AND, OF COURSE, SHELLEY, WELCOME BACK. WE MISS

YOU, BUT YOU'RE NOT THAT FAR AWAY. THANK YOU SO VERY MUCH. IT'S HAPPY

-- WE'RE HAPPY TO HAVE YOU.

(APPLAUSE)

THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04003, CALENDAR NO.

NYS ASSEMBLY MAY 15, 2018

305, L. ROSENTHAL, GOTTFRIED, MOSLEY, BARRON, GLICK. AN ACT TO AMEND

THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO THE

FILING OF AN OVERCHARGE COMPLAINT.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL CODIFIES TWO 2010

CASES, CINTRON AND GRIMM, REGARDING TENANTS' RIGHTS IN DETERMINING

RENT OVERCHARGE COMPLAINTS.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER.

MAY I ASK THE SPONSOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER, THANK

YOU, LINDA. THIS IS NOT UNLIKE THE -- THE PRIOR BILL. WHY -- WHY IS FOUR

YEARS, WHICH IS A LONG PERIOD OF TIME, 48 MONTHS, NOT SUFFICIENT TO

RESOLVE THESE -- THESE ISSUES?

MS. ROSENTHAL: WELL, TENANTS NEED AS LONG A

LOOKBACK PERIOD AS POSSIBLE, BECAUSE THERE ARE MANY INSTANCES WHERE

THE LANDLORD OVERCHARGED THEM, AND THEY'VE BEEN PAYING THE WRONG

RENT FOR YEARS. SO, GOING BACK LONGER THAN FOUR YEARS ALLOWS A MORE

ACCURATE PICTURE OF THE HISTORY OF THE RENT IN THAT APARTMENT.

MR. FITZPATRICK: I SEE. OKAY. VERY GOOD.

NYS ASSEMBLY MAY 15, 2018

LINDA, THANK YOU VERY MUCH.

MS. ROSENTHAL: THANK YOU.

MR. FITZPATRICK: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

MR. FITZPATRICK: I -- I COMPLETELY UNDERSTAND

THE RATIONALE BEHIND THE SPONSOR INTRODUCING THIS LEGISLATION AND THE

PRIOR -- THE PRIOR LEGISLATION AS WELL. AGAIN, THIS IS -- FROM OUR

STANDPOINT, THE FOUR-YEAR STATUTE OF LIMITATIONS IS MORE THAN FAIR.

FORTY-EIGHT MONTHS IS A LONG PERIOD OF TIME. MORE THAN ENOUGH TIME

TO BRING THE NECESSARY ACTION TO THE PROPER AUTHORITIES AT DHCR FOR

ADJUDICATION. WHAT THIS -- THE UNINTENDED CONSEQUENCE OF THIS

LEGISLATION, I FEAR, WILL BE AN OPENING OF THE FLOODGATES FOR MORE

OVERCHARGE COMPLAINTS, THEREBY INCREASING -- INCREASING NOT ONLY THE

NUMBER OF CASES, BUT JUST THE ADMINISTRATIVE HEADACHES AND JUST THE

INCREASED EXPENSE TO ADJUDICATE THESE. THEREFORE, I WOULD RECOMMEND

A NO VOTE. FORTY-EIGHT MONTHS IS LONG ENOUGH.

AND I WOULD JUST ALSO SAY IN THE FUTURE, MAYBE, IF I

COULD MAKE A RECOMMENDATION THAT WHEN WE DO THIS AGAIN, THAT MS.

ROSENTHAL BE LIMITED TO ONLY TWO BILLS. THIS IS KIND OF PILING ON. I JUST

(LAUGHTER)

JUST KIDDING, LINDA. I WAS JUST --

ACTING SPEAKER AUBRY: ABOVE YOUR PAY

GRADE, MR. FITZPATRICK.

NYS ASSEMBLY MAY 15, 2018

MR. FITZPATRICK: THANK YOU. THANK YOU, MR.

SPEAKER. AND THANK YOU, LINDA.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER. I JUST WANTED TO SHARE A -- A NOTE OF APPRECIATION. OVER THE

LAST TWO DAYS, WE'VE DISCUSSED 10 HOUSING BILLS AND DEBATED ALL 10.

AND I WANTED TO EXPRESS APPRECIATION TO MY COLLEAGUES IN THE MAJORITY

FOR THEIR COMMENTS AND RESPONSIVENESS. BUT ALSO, A SPECIAL

APPRECIATION TO MR. FITZPATRICK, THE RANKER ON HOUSING, WHO DEBATED

THE VAST MAJORITY. AND I THINK ALL MY COLLEAGUES SHOULD BE VERY

THANKFUL THAT MR. FITZPATRICK, RATHER THAN I, WAS THE ONE THAT TOOK ON

THE CHALLENGE OF DEBATING ALL THESE.

THANK YOU VERY MUCH.

(APPLAUSE)

ACTING SPEAKER AUBRY: MS. ROSENTHAL TO

EXPLAIN HER VOTE.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER. I'D

LIKE TO POINT OUT THAT THE ASSEMBLY MAJORITY HAS PUT ON -- HAS A

PACKAGE OF 10 BILLS THAT WILL HELP TENANTS, HELP PRESERVE OUR AFFORDABLE

HOUSING STOCK IN THE CITY, WHICH IS SORELY NEEDED AS WE KEEP LOSING

NYS ASSEMBLY MAY 15, 2018

RENT-REGULATED APARTMENTS, AS MORE AND MORE PEOPLE CAN'T AFFORD TO

STAY IN THE CITY, AND PEOPLE CANNOT AFFORD TO COME INTO THE CITY AND

FIND AN APARTMENT AT A REASONABLE RENT UNLESS THEY'RE GOING TO SHARE IT

WITH FIVE OF THEIR CLOSEST FRIENDS IN A ONE-BEDROOM. THIS PARTICULAR BILL

CODIFIES CINTRON, WHERE HCR (SIC) AWARDED RENT-REDUCTION ORDERS, YET

THE LANDLORD DID NOT COMPLY WITH THE COURT ORDER, AND THE TENANT FILED A

COMPLAINT WHERE THE COURT THEN DETERMINED THAT YOU COULD GO PAST FOUR

YEARS TO SEE THE ACCURATE AMOUNT. IN GRIMM, THE COURT SAID A FOUR-YEAR

STATUTORY PERIOD IS NOT ENOUGH WHEN YOU'RE DEALING WITH THE ISSUE OF A

FRAUD COMPLAINT, WHICH WE KNOW IS AN ALL-TOO-FREQUENT OCCURRENCE.

SO, THAT'S THE INTENT OF THIS BILL AND ALL THE REST OF THE BILLS, IS TO KEEP

THE PEOPLE WHO ARE LIVING IN RENT-REGULATED APARTMENTS SAFE UNDER THE

WARRANTY OF HABITABILITY SO THEY CAN STAY AND CONTINUE TO CONTRIBUTE TO

CITY THEY LOVE.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. JUST AN

-- AN OBSERVATION ON THE VOLUME OF SOME MEMBERS' WORK, AND WHY WE

DO THAT. ECCLESIASTES SAYS, WHATSOEVER THY HAND FINDETH TO DO, DO IT

WITH THY MIGHT; FOR THERE IS NO WORK, NOR DEVICE, NOR KNOWLEDGE, NOR

WISDOM IN THE GRAVE, WHITHER THOU GOEST. I AM DELIGHTED TO JOIN WITH

ALL OF MY COLLEAGUES IN CHEERING ON THIS WORK, AND VOTING IN THE

AFFIRMATIVE.

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: MR. GOTTFRIED IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. MORELLE.

MR. MORELLE: ACTUALLY, MR. SPEAKER, BEFORE WE

GO TO THE BILL I'M GOING TO TAKE UP NEXT, I BELIEVE MR. GOODELL HAS AN

INTRODUCTION TO MAKE.

ACTING SPEAKER AUBRY: CERTAINLY.

MR. GOODELL FOR AN INTRODUCTION.

MR. GOODELL: THANK YOU VERY MUCH, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT OUR PROCEEDINGS. ON BEHALF OF

ASSEMBLYMAN MR. DIPIETRO, WE'RE PLEASED TO HAVE WITH US THE ATTICA

CORRECTIONAL FACILITY COLOR GUARD. I DIDN'T KNOW THEY HAD ONE, BUT I

THINK IT'S GREAT THAT THEY NOT ONLY HAVE ONE, BUT THEY'RE HERE VISITING US.

SO IF YOU WOULD KINDLY EXTEND THE PRIVILEGES OF THE

FLOOR TO THE ATTICA CORRECTIONAL FACILITY COLOR GUARD, I WOULD

APPRECIATE IT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. DIPIETRO, THE SPEAKER AND ALL THE MEMBERS, GENTLEMEN, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR, COMMEND YOU ON THE PUBLIC SERVICE

WORK THAT YOU'RE DOING, AS ALSO BEING THE HONOR GUARD FOR ATTICA

FACILITY. THANK YOU SO VERY MUCH FOR BEING HERE.

NYS ASSEMBLY MAY 15, 2018

(APPLAUSE)

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. IF WE

COULD TAKE UP CALENDAR NO. 209 BY MS. SIMOTAS, WHICH IS ON PAGE 32

(SIC) OF THE MAIN CALENDAR.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02646-A, CALENDAR

NO. 209, SIMOTAS, QUART, BRONSON, SOLAGES, BRAUNSTEIN, BICHOTTE,

STECK, SEAWRIGHT, SIMON, BRINDISI, PAULIN, BARRETT, HEVESI, MCDONALD,

LAVINE, CYMBROWITZ, MOSLEY, BUCHWALD, MORELLE, DINOWITZ, ROZIC,

L. ROSENTHAL, MURRAY, OTIS, LIFTON, JEAN-PIERRE, PELLEGRINO, WRIGHT.

AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO INSURANCE COVERAGE

OF IN VITRO FERTILIZATION AND OTHER FERTILITY PRESERVATION TREATMENTS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. SIMOTAS.

MS. SIMOTAS: THIS BILL AMENDS THE INSURANCE LAW

TO REQUIRE ALL INSURANCE POLICIES TO PROVIDE COVERAGE FOR IN VITRO

FERTILIZATION AND FERTILITY PRESERVATION TREATMENTS. THIS BILL ALSO

PROVIDES A CLEAR DEFINITION OF INFERTILITY AS A DISEASE. AND FINALLY, THE

BILL WOULD REQUIRE COVERAGE FOR FERTILITY PRESERVATION SERVICES FOR

CANCER PATIENTS.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH FOR THAT

EXPLANATION.

ON THE BILL.

NYS ASSEMBLY MAY 15, 2018

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: I APPRECIATE THE SPONSOR'S

COMPASSION AND SYMPATHY FOR THOSE WHO ARE WRESTLING WITH INFERTILITY

AND HER DESIRE TO EXPAND INSURANCE COVERAGE FOR IN VITRO FERTILIZATION.

MY CONCERN IS THAT EVERY YEAR WE, AS LEGISLATORS, ARE ASKED TO APPROVE

MORE MANDATORY HEALTH INSURANCE COVERAGES. WE ARE NOW AROUND 60-

SOME MANDATORY COVERAGES. EVERY TIME WE ADD MANDATORY COVERAGE,

WE INCREASE THE COST OF INSURANCE FOR EVERYONE ACROSS THE STATE OF NEW

YORK, AND AS A RESULT, WE END UP WITH UNANTICIPATED CONSEQUENCES.

FIRST, AS THE COST GOES UP, THE NUMBER OF PEOPLE WHO CAN AFFORD HEALTH

INSURANCE GOES DOWN. AND NUMEROUS EMPIRICAL STUDIES ON THE COST

ELASTICITY OF HEALTH INSURANCE SHOW THAT THAT RATIO CAN BE AS HIGH AS ONE

TO ONE. A ONE PERCENT INCREASE RESULTING IN A ONE PERCENT REDUCTION IN

HEALTH INSURANCE COVERAGE. THE SECOND THING THAT HAPPENS IS THE

MANDATORY COVERAGES GO UP AND THE COSTS GO UP, IS THAT EMPLOYERS

RESPOND BY INCREASING DEDUCTIBLES. AND THE NET EFFECT, THEN, IS THAT

RATHER THAN HAVING BETTER HEALTH COVERAGE IN NEW YORK STATE, WE HAVE

NO HEALTH COVERAGE UNTIL THE DEDUCTIBLE IS MET. AND UNLIKE ALMOST ANY

OTHER PRODUCT THAT WE, AS CONSUMERS, BUY, WHEN IT COMES TO HEALTH

INSURANCE IN NEW YORK STATE, WE, AS THE LEGISLATURE, HAVE MADE IT

IMPOSSIBLE FOR CONSUMERS TO SELECT THE COVERAGE THEY NEED AND WANT.

AND, YOU KNOW, THINK ABOUT THAT. ALMOST ANY OTHER PRODUCT YOU WANT

TO BUY, YOU CAN DECIDE THE LEVEL OF COVERAGE YOU WANT, THE EXPENSE

YOU WANT. YOU CAN GO TO, IN CAR INSURANCE, DIFFERENT COVERAGES,

DIFFERENT DEDUCTIBLES, ALL THAT. BUT IN NEW YORK STATE WHEN IT COMES

NYS ASSEMBLY MAY 15, 2018

TO HEALTH INSURANCE, WE MANDATE OVER 60 -- OR ABOUT 60 MANDATORY

COVERAGES. SO WHILE EACH ONE, INDIVIDUALLY, MIGHT SOUND GOOD, THE

CUMULATIVE IMPACT IS THAT WE ARE REDUCING HEALTH COVERAGE FOR

THOUSANDS OF NEW YORKERS WHO WON'T BE ABLE TO AFFORD AN INCREASE, OR

ARE FACING HIGHER DEDUCTIBLES AND COPAYS AS WE ADD MORE AND MORE

MANDATED SERVICES.

FOR THAT REASON, I WILL BE RELUCTANT TO SUPPORT THIS BILL,

EVEN THOUGH I CERTAINLY APPRECIATE THE SPONSOR'S DESIRE TO HELP OTHERS.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. CAHILL.

MR. CAHILL: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD TO A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. SIMOTAS, WILL

YOU YIELD?

MS. SIMOTAS: OF COURSE I YIELD.

ACTING SPEAKER AUBRY: MS. SIMOTAS YIELDS.

MR. CAHILL: THANK YOU, MS. SIMOTAS, MR.

SPEAKER.

CURRENTLY, IS IN VITRO FERTILIZATION A COVERED BENEFIT

UNDER OUR HEALTH INSURANCE PLANS IN NEW YORK STATE?

MS. SIMOTAS: YES, IT IS.

MR. CAHILL: YES, IT IS. SO --

MS. SIMOTAS: IN VITRO -- I'M SORRY. COULD YOU

REPEAT YOUR QUESTION?

MR. CAHILL: IS IN VITRO FERTILIZATION COV -- A

NYS ASSEMBLY MAY 15, 2018

COVERED BENEFIT UNDER --

MS. SIMOTAS: IT IS NOT A COVERED BENEFIT.

MR. CAHILL: ARE FERTILIZATION SERVICES A COVERED

BENEFIT?

MS. SIMOTAS: THEY ARE NOT COVERED -- THEY ARE NOT

REQUIRED COVER -- COVERED BENEFITS. I WOULD TELL YOU THAT NEW YORK --

IN NEW YORK STATE, THERE'S SOME INSURANCE COMPANIES THAT ALLOW FOR IN

VITRO. I WILL TELL YOU THAT WE MANDATE COVERAGE IN THIS STATE FOR A

DISEASE, NOT A TREATMENT. THIS BILL WOULD NOT TRIGGER A STATE MANDATE,

BECAUSE IT MERELY REFLECTS ADVANCES IN MEDICINE, AND NOT NEW

COVERAGE. IT'S VERY SIMILAR TO WHAT WE DID IN 2012 WHEN WE ALLOWED

ORAL CHEMOTHERAPY TO BE COVERED. YOU KNOW, CANCER WAS A -- WAS A

COVERED DISEASE. HOWEVER, WE ALLOWED FOR ADDITIONAL COVERAGE

BECAUSE OF -- BECAUSE OF ADVANCES IN TECHNOLOGY. THIS IS ALL THIS BILL

DOES. WE ARE NOT LOOKING TO COVER A NEW DISEASE. INFERTILITY HAS BEEN

COVERED SINCE 1990. FOR SOME WEIRD REASON, IN VITRO FERTILIZATION WAS

NEVER A BENEFIT THAT WAS -- IT WAS NEVER A PROCEDURE THAT WAS COVERED.

AND NOW ALL I WANT TO DO IS MAKE SURE THAT ALL INSURANCE COM --

COMPANIES COVER IN VITRO.

MR. CAHILL: MR. SPEAKER, MS. SIMOTAS, MANY OF

US HAVE AN IMPRESSION OF WHAT IN VITRO FERTILIZATION INVOLVES, AND IT --

WE OFTEN HEAR ABOUT THESE MULTIPLE BIRTHS AND -- AND, YOU KNOW, 10

CHILDREN BEING BORN AT ONCE, OR FIVE CHILDREN BEING BORN AT ONCE

BECAUSE OF THE METHODOLOGY THAT'S USED. IS -- IS THAT THE CURRENT STATE

OF THE SCIENCE IN THIS AREA?

NYS ASSEMBLY MAY 15, 2018

MS. SIMOTAS: IT IS NOT THE CURRENT STATE OF THE

SCIENCE. IN VITRO MAKES SURE THAT YOU -- IT -- IT CHOOSES WHICH -- WHAT

-- WHAT TO IMPLANT IN SOMEBODY'S UTERUS, AND IT ACTUALLY REDUCES THE

INSTANCES OF MULTIPLE BIRTHS. SO, IN ESSENCE, WHAT THIS BILL WOULD ALLOW

IS A REDUCTION IN LONG-TERM HEALTH COSTS THAT ARE ASSOCIATED WITH

MULTIPLE BIRTHS.

MR. CAHILL: WELL, YOU ANTICIPATED MY NEXT

QUESTION AS TO WHETHER THIS WOULD INCREASE HEALTH CARE COSTS, KEEP

THEM THE SAME, OR REDUCE THEM.

MS. SIMOTAS: IN THE LONG TERM, I BELIEVE THAT IT

WILL REDUCE THE LONG-TERM HEALTH CARE COSTS ASSOCIATED WITH FAMILIES

WHO WANT TO -- WHO WANT TO -- FOR COUPLES WHO WANT TO HAVE FAMILIES.

THANK YOU.

THANK YOU VERY MUCH, MR. SPEAKER.

MS. SIMOTAS: THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MS. ROSENTHAL TO EXPLAIN HER VOTE.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I'D LIKE TO COMMEND THE SPONSOR ON THIS GREAT BILL,

WHICH SHE -- SHE HAS -- IN RESPONSE TO SO MANY INDIVIDUALS AND COUPLES

AND FAMILIES THAT FIND THAT THEY CANNOT HAVE CHILDREN WITHOUT THE

NYS ASSEMBLY MAY 15, 2018

ASSISTANCE OF MEDICAL -- OF MEDICINE. IT DOESN'T COME EASILY TO THEM TO

GET PREGNANT AND HAVE CHILDREN, SO MEDICINE HAS ADVANCED BEYOND OUR

LAWS THAT COVER SUCH INTERVENTIONS. AND I KNOW THE HEARTBREAK OF

MANY WHO SIMPLY CANNOT HAVE A FAMILY WITH CHILDREN BECAUSE THEY

CAN'T AFFORD THESE TREATMENTS.

SO, THIS IS A GREAT STEP AHEAD FOR THEM. I THANK THE

SPONSOR, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. ROSENTHAL IN THE

AFFIRMATIVE.

MS. BICHOTTE.

MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I, TOO, WANT TO COMMEND THE SPONSOR

OF THIS BILL. I -- I WAS ONCE CARRYING AND I LOST MY CHILD, AND BECAUSE

I'M OF OLDER AGE, IT'S BEEN DIFFICULT. AND SINCE THEN, THE TESTIMONIES OF

HOW MANY COUPLES AND WOMEN TRYING TO CONCEIVE, OR TRYING TO CREATE A

FAMILY, HAS BEEN NOTICEABLE. AND MANY TESTIMONIES HAVE BEEN

ADDRESSED AND SHARED WITH ME OF THESE DIFFICULTIES. IT'S A VERY -- IT'S A

SILENT ISSUE. AND MANY COUPLES CANNOT HAVE CHILDREN BECAUSE THEY

SIMPLY CANNOT AFFORD IT. NOT TO MENTION, WE HAVE A LOT OF -- WE HAVE A

LOT OF WOMEN WHO MISCARRY, FOR UNKNOWN REASONS, AND THEY LOOK TO

THE ASSISTANT ADVANCED MEDICAL TECHNOLOGIES TO HELP CREATE A FAMILY.

SO, I AM IN BIG SUPPORT OF THIS. I THINK NEW YORK STATE NEEDS TO BE

PROGRESSIVE AND BE ON BOARD WITH OTHER STATES THAT ALLOW IN VITRO

FERTILIZATION. IN THE LONG RUN, IT WILL SAVE US MONEY. BUT AGAIN, WE GOT

TO THINK ABOUT THE MANY FAMILIES AND THE MANY NEW YORKERS THAT WE

NYS ASSEMBLY MAY 15, 2018

WANT TO HELP.

SO AGAIN, I WANT TO THANK THE SPONSOR OF THIS BILL, AND

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE

AFFIRMATIVE.

MS. SIMOTAS TO EXPLAIN HER VOTE.

MS. SIMOTAS: THANK YOU, MR. SPEAKER. IT'S

IMPORTANT TO UNDERSTAND THAT IT'S ESTIMATED THAT ONE IN EIGHT COUPLES

STRUGGLE WITH INFERTILITY, AND THE CONDITION CAN HAVE LASTING PHYSICAL,

EMOTIONAL AND FINANCIAL IMPACTS. SINCE 1990, NEW YORK HAS REQUIRED

INSURANCE COMPANIES TO COVER INFERTILITY, BUT IVF WAS EXPLICITLY

EXCLUDED FROM A COVERAGE OPTION. TODAY, IVF IS THE GOLD STANDARD OF

CARE. THIS IS A VERY RARE INSTANCE IN WHICH THE LAW EXPRESSLY EXCLUDES

A RECOGNIZED, WIDELY-USED MEDICAL PROCEDURE FROM COVERAGE

REQUIREMENTS. THIS BILL WOULD CORRECT THAT ISSUE AND BRING OUR LAWS IN

LINE WITH THE ADVANCEMENTS IN MEDICAL TECHNOLOGY. IT SIMPLY UPDATES

THE STATUTE TO PROVIDE NEW YORKERS THE BEST OPTION FOR ESTABLISHING THE

FAMILIES THAT THEY NEED.

I ENCOURAGE ALL OF MY COLLEAGUES TO VOTE IN THE

AFFIRMATIVE, AND I THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. SIMOTAS IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

NYS ASSEMBLY MAY 15, 2018

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I'M

DELIGHTED TO HAVE AS A GUEST OF MR. PRETLOW A DISTINGUISHED VISITOR THIS

AFTERNOON; KRISTYN BRIEZ REED, WHO IS THE HEAD OF THE MT. VERNON

VETERANS SERVICE AGENCY. AS THE DIRECTOR, SHE WORKS ON, OBVIOUSLY,

FOCUSING ON MODERNIZATION OF THEIR OFFICE AND MAKING SURE THAT

VETERANS IN THEIR COMMUNITY RECEIVE MUCH-NEEDED SERVICES. MS. REED

IS ALSO A -- WAS A MEMBER OF THE UNITED STATES AIR FORCE AS A

COMMUNICATION NAVIGATION MISSION SYSTEM SPECIALIST AFTER

GRADUATING FROM MT. VERNON HIGH SCHOOL. AND SHE COMES FROM A

DISTINGUISHED GROUP OF MEMBERS OF HER FAMILY, INCLUDING HER FATHER,

SISTERS, GRANDFATHERS, UNCLES AND COUSINS, WHO ALL SERVED IN THE UNITED

STATES MILITARY. WE'RE DELIGHTED TO HAVE HER, AND -- AND MR. PRETLOW IS

DELIGHTED TO HAVE HER IN THE CHAMBERS OBSERVING OUR PROCEEDINGS, AND

WE'RE DELIGHTED TO HAVE HER.

IF YOU COULD PLEASE EXTEND ALL THE THE CORDIALITIES OF

THE HOUSE TO MS. REED.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. PRETLOW, THE SPEAKER AND ALL THE MEMBERS, MS. REED, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. WE THANK YOU FOR THE SERVICE YOU HAVE

PROVIDED THIS COUNTRY, AND NOW THE SERVICES THAT YOU ARE PROVIDING

THOSE WHO HAVE SERVED ALONG WITH YOU. THANK YOU SO VERY MUCH.

CONTINUE THAT GREAT WORK, AND WE ARE ALWAYS HAPPY TO HAVE YOU.

(APPLAUSE)

NYS ASSEMBLY MAY 15, 2018

MR. MORELLE.

MR. MORELLE: THANK YOU, MR. SPEAKER. I

UNDERSTAND YOU HAVE HOUSEKEEPING AND RESOLUTIONS TO TAKE UP.

ACTING SPEAKER AUBRY: YES, WE DO.

ON BEHALF OF MS. JAFFEE, PAGE 55, CALENDAR NO. 524,

BILL NO. 7555-A, I OFFER THE FOLLOWING AMENDMENTS AND MOVE THEIR

ADOPTION.

WE HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE

THEM UP ON ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 1185-1188

WERE UNANIMOUSLY ADOPTED.)

MR. MORELLE.

MR. MORELLE: YES, THANK YOU, MR. SPEAKER. I

WANT TO NOTE A TIME CHANGE IN TOMORROW'S SESSION. IN JUST A MOMENT,

I'LL CALL FOR OUR ADJOURNMENT FOR THE DAY, BUT WE WILL BE HERE TOMORROW

MORNING AT 9:30, IN SESSION. LADIES AND GENTLEMEN, 9:30. WE WILL

ALSO HAVE -- THE VETERANS COMMITTEE WILL TAKE PLACE OFF THE FLOOR. SO,

MEMBERS OF THAT COMMITTEE, BE APPRISED THAT WE WILL CALL YOU OFF THE

FLOOR. WE'VE INFORMED MR. DENDEKKER OF THAT.

SO, WITH THAT, MR. SPEAKER, I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED UNTIL 9:30 A.M., WEDNESDAY, MAY 16TH.

TOMORROW, LADIES AND GENTLEMEN, IS A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

NYS ASSEMBLY MAY 15, 2018

ADJOURNED.

(WHEREUPON, AT 1:44 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, MAY 16TH AT 9:30 A.M., THAT BEING A

SESSION DAY.)