FRIDAY, JUNE 14, 2019                                                                         10:46 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 THURSDAY, JUNE 13TH.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I MOVE

                                          1



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF THURSDAY,

                    JUNE THE 13TH AND THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION,

                    SO ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IT IS MY

                    HONOR AND PLEASURE TO SHARE WITH MY COLLEAGUES, THE GUESTS THAT ARE IN

                    THE CHAMBERS [SIC], AS WELL AS OUR STAFF A QUOTE THAT COMES FROM OUR

                    OWN BRIAN HAAK THIS MORNING.  HE'S GIVEN US THIS QUOTE, IT WAS ONE

                    THAT WAS STATED BY... HARVEY MILK -- I'M SORRY, I'M READING HERE,

                    HARVEY MILK, WHO, AS WE ALL KNOW, WAS ASSASSINATED SOME YEARS AGO.

                    BUT HE WAS A GREAT AMERICAN AND, IN FACT, HE'S A NEW YORKER.  HE WAS

                    BORN IN NEW YORK, HE WENT TO SCHOOL AT UALBANY AND HE ENDED UP

                    BEING AN ELECTED OFFICIAL OUT IN CALIFORNIA.  BUT MR. MILK IS SHARING

                    WITH US TODAY IN 2019 THIS QUOTE, I REMEMBER THE LACK OF HOPE OUR

                    FRIENDS CAN'T FULFILL.  I CAN'T FORGET THE LOOKS ON FACES OF PEOPLE WHO

                    HAVE LOST HOPE, BE THEY GAY, BE THEY SENIORS, BE THEY BLACKS LOOKING FOR

                    AN ALMOST IMPOSSIBLE JOB, OR LATINOS TRYING TO EXPLAIN THEIR PROBLEMS

                    AND ASPIRATIONS IN A TONGUE THAT'S FOREIGN TO THEM.  AND THE YOUNG GAY

                    PEOPLE WHO ARE COMING OUT.  THE ONLY THING THEY HAVE TO LOOK FORWARD

                    TO IS HOPE.  AND YOU HAVE TO GIVE THEM HOPE.  HOPE FOR A BETTER

                    TOMORROW, HOPE FOR A BETTER TODAY, HOPE FOR A BETTER WORLD AND HOPE

                    FOR A BETTER PLACE TO COME IF THE PRESSURES AT HOME ARE TOO GREAT.  I

                    HOPE THAT ALL WILL BE ALL RIGHT.  AND THAT YOU AND YOU AND YOU AND YOU

                    GIVE PEOPLE HOPE.  AGAIN, MR. SPEAKER, THAT ONE IS FROM THE LATE

                                          2



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HARVEY MILK.

                                 WITH THAT, MR. SPEAKER, I'D ASK YOU -- IT MAKES ME A

                    LITTLE EMOTIONAL BECAUSE IT'S SO REAL.

                                 ACTING SPEAKER AUBRY:  ALL RIGHT.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I WILL --

                    WANT TO LET FOLKS KNOW THAT WE DO HAVE ON OUR DESK A MAIN CALENDAR.

                    THIS HAS BEEN QUITE A BIT OF A ROUGH WEEK.  WE'VE HAD A LOT OF

                    CONTENTION IN OUR CHAMBER, A LOT OF NOISE IN OUR CHAMBERS [SIC], BUT A

                    LOT OF REALLY GOOD DEBATE AND WE'VE, I BELIEVE, SOLVED A LOT OF REALLY

                    GREAT PROBLEMS.  AND WE LOOK FORWARD TO THAT SAME SORT OF COOPERATION

                    TODAY BECAUSE IT IS GOING TO BE ANOTHER BUSY DAY.  MEMBERS DO HAVE ON

                    THEIR DESK A MAIN CALENDAR AND A DEBATE LIST.  AFTER INTRODUCTIONS AND

                    HOUSEKEEPING WE WILL CONTINUE OUR CONSENT ON THE MAIN CALENDAR,

                    BEGINNING WITH RULES REPORT NO. 139 ON PAGE 10, AND WE WILL ALSO

                    WORK OFF THE DEBATE LIST AND TAKE UP RULES REPORT NO. 275 BY MR.

                    HEASTIE.  MEMBERS OF THE FOLLOWING COMMITTEES SHOULD BE PREPARED TO

                    MEET THIS MORNING, THIS AFTERNOON, TODAY, IN THE SPEAKER'S CONFERENCE

                    ROOM:  THAT'S GOVERNMENT EMPLOYEES, WAYS AND MEANS AND RULES.

                    THE RULES COMMITTEE WILL PRODUCE AN A-CALENDAR.  WE WILL ALERT

                    MEMBERS AS TO ANY CONFERENCE NEEDS AS WE GO ALONG TODAY.  AMONG

                    THE PRIVILEGED RESOLUTIONS AT THE CLOSE OF SESSION, THERE IS ONE BY

                    MEMBER SOLAGES THAT HONORS AND COMMEMORATES FLAG DAY, WHICH WE

                    WILL TAKE UP AT THE CONCLUSION OF OUR SESSION.

                                 SO, MR. SPEAKER, THAT'S THE GENERAL OUTLINE.  IF THERE'S

                    ANY INTRODUCTIONS AND HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

                                          3



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 ACTING SPEAKER AUBRY:  AND WE CERTAINLY DO

                    HAVE INTRODUCTIONS.  AND LET ME SAY, MRS. MAJORITY LEADER, THAT BY

                    ELIMINATING "TONIGHT" IN SOME OF THE STATEMENTS YOU MADE, YOU HAVE

                    GIVEN ALL OF US A BIT OF HOPE.

                                 (LAUGHTER)

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR.  IF I

                    COULD INTERRUPT YOU ONE MORE TIME AND ASK THAT YOU PLEASE CALL THE

                    GOVERNMENT EMPLOYEES CONFERENCE -- COMMITTEE TO THE SPEAKER'S

                    CONFERENCE ROOM.

                                 ACTING SPEAKER AUBRY:  GOVERNMENT

                    EMPLOYEES, SPEAKER'S CONFERENCE ROOM.  MR. ABBATE WILL AWAIT YOU.

                    THANK YOU.

                                 FOR THE PURPOSES OF AN INTRODUCTION, MR. HAWLEY.

                                 MR. HAWLEY:  THANK YOU, MR. SPEAKER.  IT GIVES

                    ME GREAT PLEASURE TODAY TO INTRODUCE MEMBERS OF THE GREATEST

                    GENERATION; THOSE WHO HAVE SERVED OUR COUNTRY WITH DIGNITY AND HONOR.

                    TODAY WE HAVE WITH US A NUMBER OF GREAT INDIVIDUALS.  AND IF WE'D

                    HAVE THEM STAND AS I CALL - OR WAVE YOUR HAND AS I CALL YOUR NAME -

                    ALLAN ATWELL.  THANK YOU, ALLAN, FOR YOUR SERVICE.  JOHN MCCOY.

                    EDWARD "SONNY" CLAREN.  LELAND PALITSCH.  RUSS REICKERT.  DOMINICK

                    ERCOLANO.  JOSEPHINE SMITH.  EDWARD GIRARD.  AND LAST, BUT CERTAINLY

                    NOT LEAST, THOMAS SUNKES.  IF YOU'D GIVE THESE GREAT WORLD WAR II

                    VETERANS ALL THE HONORS AND DIGNITY OF THIS HOUSE, AND I'D ASK ALL OF YOU

                    TO STAND IN HONOR OF THE GREATEST GENERATION FOR THEIR SERVICE TO NOT ONLY

                    OUR STATE, BUT OUR GREAT NATION.  THANK YOU.

                                          4



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  CERTAINLY.

                                 (APPLAUSE)

                                 ON BEHALF OF MR. HAWLEY AND NUMEROUS MEMBERS

                    WHO ARE STANDING WITH YOU, WE WELCOME YOU HERE TO THE NEW YORK

                    STATE ASSEMBLY.  WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  THIS IS

                    THE PEOPLE'S HOUSE, A HOUSE THAT YOU GAVE YOUR LIVES, GAVE YOUR

                    SERVICE TO PROTECT.  WE HONOR THAT.  WE KNOW THAT YOU HAVE DONE MORE

                    FOR US THAN WE HAVE DONE FOR YOU, BUT WE'LL TRY AND MAKE UP FOR THAT.

                    THANK YOU SO VERY MUCH.  YOU ARE ALWAYS WELCOME HERE.

                                 (APPLAUSE)

                                 ACTING SPEAKER PICHARDO:  MS. JOYNER.

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

                    ALLOWING ME TO INTERRUPT THE PROCEEDINGS.  IT IS WITH GREAT PRIDE TODAY

                    THAT I TAKE THE OPPORTUNITY TO INTRODUCE A GROUP OF CONSTITUENTS WHO

                    HAVE TRAVELED TO THE STATE CAPITOL TO SHARE A PART OF THEIR DAY WITH US.

                    IF THEY CAN PLEASE RISE AT THIS TIME.

                                 HERE IN CHAMBERS [SIC] WE HAVE MEMBERS OF THE

                    AFRICAN COMMUNITY CELEBRATING THE FIRST-EVER AFRICAN DIASPORA DAY.

                    WE HAVE PARENTS WITH US, MOSQUE LEADERS AND COMMUNITY LEADERS FROM

                    THE BRONX.  I KNOW FIRSTHAND HOW MUCH OF A VITAL ROLE THEY PLAY IN MY

                    COMMUNITY, AND ALONG WITH MY COLLEAGUE CHARLES FALL, WHO IS

                    SPONSORING TODAY'S RESOLUTION, I AM HAPPY TO HAVE THESE CONSTITUENTS

                    HERE TODAY IN OUR CHAMBER, AND ASK YOU TO WELCOME THEM TO THE

                    PEOPLE'S HOUSE.  THANK YOU.

                                          5



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 ACTING SPEAKER PICHARDO:  CERTAINLY.  ON

                    BEHALF OF MS. JOYNER, MR. FALL, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME THESE DISTINGUISHED GUESTS TO THE NEW YORK STATE ASSEMBLY,

                    WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  I HOPE YOU HAVE A GREAT

                    DAY AND ENJOY THE AFRICAN DIASPORA DAY THAT THESE TWO MEMBERS ARE

                    DOING.  BUT MORE IMPORTANTLY, IT'S SO NICE TO HAVE A LITTLE PIECE OF HOME

                    FROM THE BRONX HERE IN THE CHAMBER IN THESE LAST DAYS.  SO, THANK YOU

                    SO VERY MUCH FOR JOINING US.

                                 (APPLAUSE)

                                 MR. MCDONALD.

                                 MR. MCDONALD:  THANK YOU, MR. SPEAKER.  TODAY

                    WE HAVE SOME GUESTS HERE FROM THE VAN RENSSELAER ELEMENTARY

                    SCHOOL, WHICH IS ACROSS THE RIVER HERE FROM THE STATE CAPITOL, IN THE

                    CITY OF RENSSELAER.  THEY'RE HERE ACCOMPANIED BY THEIR TEACHER, MS.

                    AMY MOONEY.  AND THESE STUDENTS HERE ARE -- ARE HERE NOT ONLY TO

                    OBSERVE OUR PROCEEDINGS, BUT ALSO TO TAKE A TOUR OF ALL THE STATE CAMPUS

                    FACILITIES HERE.  THEY'RE GOING TO THE MUSEUM, THEY'VE VISITED THE

                    SENATE, BUT, OF COURSE, THEY MADE A -- A STOP IN THE PEOPLE'S HOUSE AS

                    WELL.  THEY ARE MEMBERS OF THE STUDENT COUNCIL AND THE COMMUNITY

                    SERVICE TEAM AT THE SCHOOL DISTRICT.  OBVIOUSLY, THEY ARE THE LEADERSHIP

                    OF VAN RENSSELAER ELEMENTARY SCHOOL, AND IF YOU COULD PLEASE EXTEND

                    TO THEM THE CORDIALITY OF THE HOUSE, WE'D APPRECIATE IT.

                                 ACTING SPEAKER PICHARDO:  CERTAINLY.  ON

                    BEHALF OF MR. MCDONALD, THE SPEAKER AND ALL THE MEMBERS, WE

                    WELCOME THESE FUTURE LEADERS HERE TO THE NEW YORK STATE ASSEMBLY,

                                          6



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.  I CAN GUARANTEE YOU,

                    SOME OF THE MEMBERS HERE SERVED IN THEIR STUDENT COUNCILS WHEN THEY

                    WERE IN ELEMENTARY SCHOOL, SO IT'S NOT TOO FAR-FETCHED TO BELIEVE IN A

                    FEW YEARS YOU MIGHT BE SITTING IN ONE OF THESE SEATS.  BUT WE EXPECT

                    THAT YOU WILL DO GREAT THINGS WITH YOUR LIVES AND CONTINUE TO LEAD OUR

                    STATE.  THANK YOU SO MUCH FOR JOINING US HERE TODAY, AND WELCOME, AS

                    ALWAYS.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF WE CAN BEGIN OUR WORK WITH RESOLUTIONS ON PAGE 3.  WE


                    WILL CERTAINLY BE HEARING FROM MR. FALL ON ASSEMBLY NO. 575, BUT


                    WE'RE GOING TO BEGIN WITH ASSEMBLY NO. 569.  IMMEDIATELY FOLLOWING

                    THAT, MR. SPEAKER, WE'RE GOING TO GO TO PAGE 10 AND TAKE UP RULES

                    REPORT NO. 139.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 569, MR.

                    BRONSON.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM JUNE 15, 2019, AS ELDER ABUSE

                    AWARENESS DAY IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  ALL THOSE IN

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


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 570, MR.

                                          7



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RA.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM JULY 15, 2019, AS PET FIRE SAFETY DAY

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  ALL THOSE IN

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


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 571, MR.

                    ZEBROWSKI.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING THE HONORABLE

                    ANDREW M. CUOMO TO PROCLAIM OCTOBER 2019, AS POLISH-AMERICAN

                    HERITAGE MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  ALL THOSE IN

                    FAVOR OF THE RESOLUTION SIGNIFY BY SAYING AYE; OPPOSED, NO.  THE

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 572, MS.

                    JAFFEE.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM NOVEMBER 2019, AS EPILEPSY

                    AWARENESS MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  MS. JAFFEE ON THE

                    RESOLUTION.

                                 MS. JAFFEE:  THANK YOU, MR. SPEAKER.  EPILEPSY IS

                    A NEUROLOGICAL DISORDER CHARACTERIZED BY A WIDE RANGE OF SEIZURE TYPES

                    THAT VARY FROM PERSON TO PERSON.  THESE SEIZURES MAY IMPACT

                    CONSCIOUSNESS, MOVEMENT WITH SENSATION AND CREATE LONG-TERM EFFECTS

                                          8



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ON THE LIFESTYLES OF INDIVIDUALS WITH EPILEPSY.  APPROXIMATELY ONE-THIRD

                    OF THE 3.4 MILLION EPILEPSY PATIENTS IN THE UNITED STATES LIVE WITH

                    UNCONTROLLED SEIZURES DUE TO THE LACK OF SUITABLE CLINICALLY-AVAILABLE

                    TREATMENT.  IN THE UNITED STATES, EPILEPSY AFFECTS MORE THAN 300,000

                    CHILDREN UNDER THE AGE OF 15, AND MORE THAN 90,000 OF WHOM HAVE

                    SEIZURES THAT CANNOT BE ADEQUATELY TREATED.  AND WHILE MEDICATIONS AND

                    OTHER TREATMENTS HELP MANY PEOPLE OF ALL AGES WHO LIVE WITH EPILEPSY,

                    MANY PEOPLE CONTINUE TO HAVE SEIZURES THAT CAN SEVERELY LIMIT THEIR

                    SCHOOL ACHIEVEMENTS, EMPLOYMENT PROSPECTS AND PARTICIPATION IN ALL

                    LIFE'S EXPERIENCES.  EPILEPSY CONTINUES TO BE ONE OF THE LEAST

                    UNDERSTOOD MAJOR CHRONIC MEDICAL CONDITIONS.  WE NEED TO RAISE

                    AWARENESS, SEEK TREATMENTS AND MEDICAL INTERVENTION.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 573, MR.

                    MANKTELOW.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM JUNE 21, 2019, AS ALS/MND GLOBAL

                    DAY IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  MR. MANKTELOW

                    ON THE RESOLUTION.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.  I

                    BROUGHT THIS RESOLUTION FORWARD JUST A FEW DAYS AGO, AND THIS RESOLUTION

                                          9



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    IS SO IMPORTANT TO ME BECAUSE AS I'VE -- AS I'VE TALKED ON THE FLOOR

                    BEFORE -- AS I'VE TALKED ONE THE FLOOR BEFORE, I HAVE TWO ADOPTED

                    CHILDREN, MY OLDEST ONE BEING ERICA.  COME TO FIND OUT, A YOUNG LADY

                    BACK IN OUR HOME DISTRICT IS MY DAUGHTER'S BIOLOGICAL AUNT, AND SHE

                    CAME DOWN WITH ALS JUST A FEW MONTHS AGO.  SO THAT'S WHY I'M

                    BRINGING THIS RESOLUTION FORWARD, MEMORIALIZING IT AND MAKING SURE

                    PEOPLE KNOW HOW IMPORTANT THIS IS.

                                 SO, THANK YOU, MR. SPEAKER, FOR ALLOWING ME TO DO SO.

                                 ACTING SPEAKER PICHARDO:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 574, MR.

                    CUSICK.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 8-14, 2019, AS DUCHENNE

                    MUSCULAR DYSTROPHY AWARENESS WEEK IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  ON THE

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 575, MR.

                    FALL.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    ANDREW M. CUOMO TO PROCLAIM JUNE 14, 2019 --

                                 ACTING SPEAKER PICHARDO:  MR. --

                                 THE CLERK:  -- AS AFRICAN DIASPORA DAY IN THE

                                         10



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    STATE OF NEW YORK.

                                 ACTING SPEAKER PICHARDO:  MR. FALL ON THE

                    RESOLUTION.

                                 MR. FALL:  THANK -- THANK YOU, MR. SPEAKER.  FIRST,

                    I WANT TO THANK THE COSPONSOR OF THIS RESOLUTION, MEMBER JOYNER, AND

                    MY FELLOW COLLEAGUES FOR SPONSORING THIS RESOLUTION.  YOU KNOW, SOME

                    MAY INQUIRE WHAT DOES DIASPORA MEAN.  AND DIASPORA IS DEFINED AS A --

                    A SCATTERING OF POPULATION WHOSE ORIGIN LIES IN SEPARATE GEOGRAPHICAL

                    LOCATIONS.  MOST NOTABLY, THE EXPULSION OF JEWS FROM THE LAND OF

                    ISRAEL, AFRICAN TRANSATLANTIC SLAVE TRADE, IRISH DURING THE IRISH FAMINE,

                    AND GREEKS AFTER THE FALL OF CONSTANTINOPLE.  ONE OF THE LARGEST

                    DIASPORAS IN MODERN TIMES IS THAT OF THE SUB-SAHARA IN AFRICA, WHICH

                    DATES BACK SEVERAL CENTURIES.  DURING THE ATLANTIC SLAVE TRADE,

                    APPROXIMATELY 12 MILLION PEOPLE FROM WEST AFRICA SURVIVED

                    TRANSPORTATION TO ARRIVE IN THE AMERICAS AS SLAVES.  MANY INFLUENCED

                    NOT ONLY MODERN-DAY AMERICA, BUT COLONIAL BRITAIN, FRANCE, PORTUGAL

                    AND SPAIN.  AND I OFTEN TALK ABOUT MY FAMILY COMING FROM WEST

                    AFRICA.  YOU KNOW, THEY -- THEY IMMIGRATED HERE IN THE LATE 80'S,

                    LOOKING FOR THE AMERICAN DREAM.  AND ONE OF THE THINGS THAT I -- I'VE

                    LEARNED FROM THEM, AND IT IS THE REASON WHO I AM TODAY, IS THE VALUE OF

                    HARD WORK.  YOU KNOW, OF BEING PATIENT BEFORE ASSUMING SOMETHING.

                    AND BEING KIND TO YOUR NEIGHBORS.  YOU KNOW, AND THOSE ARE THE

                    THINGS THAT WE AMPLIFY, YOU KNOW, IN OUR COMMUNITIES.  I -- IN PASSING

                    THE DREAM ACT AND THE GREEN LIGHT LEGISLATION, WE SHOULD PAUSE AND

                    REFLECT ON THIS RESOLUTION AS A STATEMENT OF HOW IMPORTANT IMMIGRATION

                                         11



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HAS BEEN IN BUILDING OUR COUNTRY AND THE FUTURE SUCCESS OF GENERATIONS

                    TO COME.

                                 WE HAVE HONORED GUESTS HERE TODAY THAT WERE

                    INTRODUCED BY MEMBER JOYNER THAT ARE PERFECT EXAMPLES OF HOW

                    IMMIGRANTS SHAPE THE SUCCESS OF OUR GREAT STATE AND OUR COUNTRY, AND I

                    ALSO THINK IT'S REFLECTIVE OF OUR BODY HERE TODAY.  WE HAVE A RECEPTION

                    THAT'S GOING TO BE TAKING PLACE IN THE LOB AT 711.  AND ALSO FOR THOSE

                    OF YOU THAT WOULD LIKE TO HAVE A TASTE OF AFRICA, PLEASE COME BY.

                                 AND THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  MR. BARRON ON

                    THE RESOLUTION.

                                 MR. BARRON:  GOOD MORNING.

                                 ACTING SPEAKER PICHARDO:  GOOD MORNING.

                                 MR. BARRON:  I WANT TO THANK THE SPONSORS OF THIS

                    RESOLUTION.  EVERY PERSON, SO-CALLED "BLACK" PERSON, I CALL US PEOPLE OF

                    AFRICAN ANCESTRY, OR AFRICAN PEOPLE, BECAUSE WE ARE ALL ONE PEOPLE.

                    THE GREAT 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 THEY PICKED US ALL UP

                    FROM AFRICA.  WHEN WE WERE DROPPED OFF IN THE AMERICAS, WE BECAME

                    AMERICAN CITIZENS AND WE BECAME BRAZILIANS AND CARIBBEANS AND

                    TRINIDADIANS.  THOSE WERE IDENTITIES THAT WE ADOPTED AFTER BEING

                    DROPPED OFF FROM AFRICA.  WE ARE AN AFRICAN PEOPLE.  WE ARE A NATION

                    OF AFRICAN PEOPLE.  AND WHEN WE SPEAK OF THE DIASPORA, WE'RE TALKING

                    ABOUT THE AFRICANS, THE 50 MILLION AFRICAN PEOPLE IN AMERICA THAT

                                         12



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MIGHT CALL YOURSELF BLACK.  YOU KNOW, BLACK IS A RACIAL CONSTRUCT THAT

                    EUROPEANS CREATED, THE IDEA OF COLOR.  THERE ARE NO BLACK PEOPLE, THERE

                    ARE NO WHITE PEOPLE, THERE ARE NO YELLOW PEOPLE, THERE ARE NO BROWN

                    PEOPLE, THERE ARE NO RED PEOPLE.  THEY ARE PEOPLE CONNECTED TO

                    CONTINENTS AND NATIONS.  WE ARE AN AFRICAN PEOPLE WITH A HISTORY.  IF I

                    WERE TO ASK A CHINESE PERSON, WHERE DO YOU COME FROM, YOU WOULD

                    SAY CHINA.  VIETNAM PERSON, VIETNAMESE.  IF YOU SAY BLACK, YOU CAN'T

                    SAY BLACKLAND, BECAUSE THERE'S NO BLACKLAND.  YOU'RE AFRICAN.  AND

                    WHEN YOU SAY AFRICAN, IT CONNECTS YOU TO A HISTORY.  IT CONNECTS YOU TO

                    A CULTURE.  IT CONNECTS YOU TO A SPIRIT.  IT CONNECTS YOU TO A PEOPLE WHO

                    WERE THE FIRST PERSON TO INHABIT THE EARTH WERE AFRICAN PEOPLE.  THE

                    FIRST PEOPLE TO GIVE THE WORLD MATHEMATICS AND SCIENCE AND ASTROLOGY

                    AND ASTRONOMY AND THE PYRAMIDS AND THE MIGHTY SPHINX AND EGYPT,

                    WERE AFRICAN PEOPLE.  CLEOPATRA WASN'T ELIZABETH TAYLOR, SHE WAS

                    AFRICAN.  SHE WAS AFRICAN.  THE EGYPTIANS ARE CALLED KEMET, THEY'RE

                    BLACK.  THE LAND OF THE SO-CALLED "BURNT-FACE" PEOPLE, AS SOME OF THE

                    HISTORIANS CALLED THEM, THEY WERE AFRICAN PEOPLE.  SO WHEN YOU THINK

                    OF AFRICA, PLEASE DON'T THINK OF TARZAN FLYING THROUGH THE AIR AND

                    YELLING SOME -- SCREAMING SOME STUFF AND A BUNCH OF PEOPLE WITH

                    BONES IN THEIR NOSES AND WEARING DIAPERS AND HAVING BIG POTS TO BOIL

                    YOU IN.  THAT'S NOT AFRICA.  THAT'S NOT AFRICA.  AFRICA'S RICH.  AFRICA STILL

                    IS RICH.  SO I'M PROUD TO SAY THAT I'M AN AFRICAN MAN BORN IN AMERICA.

                    AND WE SHOULD BE PROUD OF THAT HERITAGE.  SO WHEN WE SPEAK OF THE

                    DIASPORA, WE'RE NOT JUST TALKING ABOUT THE AFRICANS THAT ARE HERE

                    IMMEDIATELY FROM AFRICA, BUT WE'RE TALKING ABOUT ALL OF US WHO

                                         13



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ORIGINATED IN AFRICA.  AND I KNOW WE CALL IT THE TRANSATLANTIC SLAVE

                    TRADE, I CALL IT THE TRANSATLANTIC RAID.  THEY RAIDED AFRICA, STOLE US,

                    KIDNAPPED.  EUROPE USED AFRICAN LABOR TO BUILD CAPITALISM IN EUROPE.

                    AMERICA USED AFRICAN LABOR TO BUILD CAPITALISM IN AMERICA.  AND ALL

                    OVER THE DIASPORA, WE GAVE ECONOMIC LIFE TO A PEOPLE WHO MURDERED,

                    SLAUGHTERED US.  AND WE SAY THE GREATEST HOLOCAUST OF A PEOPLE ON THIS

                    PLANET IS THE AFRICAN HOLOCAUST.  TEN MILLION OF US DIED DURING THE

                    MAAFA, THE MIDDLE PASSAGE ON THE WAY OVER.  MILLIONS MORE DIED

                    DURING PLANTATION SLAVERY.  MILLIONS MORES [SIC] DIED DURING JIM

                    CROWISM.  AND MILLION MORE ARE DYING TODAY BECAUSE OF POVERTY,

                    POLICE BRUTALITY AND MASS INCARCERATION.  YOU OWE THE AFRICAN NATION

                    REPARATIONS.  IT'S LONG OVERDUE.  IT'S DUE TO THE AFRICAN PEOPLE WHO BUILT

                    THE ECONOMY OF AN IMPERIALISTIC, CAPITALISTIC -- GLOBAL CAPITALISM WAS

                    BUILT ON THE BACK, THE SWEAT AND LABOR OF AFRICAN PEOPLE.

                                 SO I STAND TODAY AS A PROUD AFRICAN, SAYING I'M A PART

                    OF THIS DIASPORA, AND MY HOMELAND IS AFRICA.  AFRICA, THE LAND WHERE

                    THE FIRST FOSSILS OF HUMAN BEINGS WERE FOUND.  CONGRATULATIONS TO

                    AFRICANS, TO AFRICA.

                                 (APPLAUSE)

                                 ACTING SPEAKER PICHARDO:  MR. RIVERA ON

                    THE RESOLUTION.

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

                    FOLLOW MY COLLEAGUE CHARLES BARRON.  THE REASON WHY I RISE IS BECAUSE

                    WHEN I LOOK AT YOU, IT IS BECAUSE I'M VERY GRATEFUL.  I WOULD NOT BE

                    STANDING HERE, I WOULD HAVE NEVER BEEN ELECTED TO OFFICE WITH MY

                                         14



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ACCENT.  I'M PUERTO RICAN.  I HAVE A HEAVY ACCENT.  I SPEAK FLUENT

                    SPANISH.  I ALSO BEEN ACCUSED, RIGHTFULLY SO, OF SPEAKING FLUENT ENGLISH.

                    SO I WANT TO THANK YOU FOR THE -- FOR PAVING THE WAY.  AND IT IS KNOWN

                    THAT THIS GREAT COUNTRY OF OURS TODAY WAS BUILT ON THE BACKS OF PEOPLE.

                    AND YES, IT WAS BUILT ON THE BACK OF AFRICAN PEOPLE.  YES, IT WAS.  OF

                    THE MEXICAN PEOPLE.  BUT I AM ONCE AGAIN WANT TO SHOW YOU ALL WHAT I

                    JUST GOT.  WE PASSED A PIECE OF LEGISLATION GIVING UNDOCUMENTED

                    WORKERS THE OPPORTUNITY TO HAVE A DRIVER'S LICENSE.  TODAY IN LONG

                    ISLAND, LOOK WHAT THEY PUT OUT THERE (INDICATING NEWSPAPER), ASSEMBLY

                    DEMOCRAT VOTE TO LEGALIZE DRIVING LICENSE FOR UNDOCUMENTED WORKERS --

                                 ACTING SPEAKER PICHARDO:  MR. RIVERA --

                                 MR. RIVERA:  -- WHO ARE COMMITTING MANY CRIMES

                    IN THIS CITY AND THIS STATE --

                                 ACTING SPEAKER PICHARDO:  MR. RIVERA,

                    REMEMBER --

                                 MR. RIVERA:  THAT IS NOT -- YOU SHOULD ALL BE

                    ASHAMED --

                                 ACTING SPEAKER PICHARDO:  MR. RIVERA --

                                 MR. RIVERA:  -- AND YOU SHOULD SPEAK UP AGAINST

                    THAT --

                                 ACTING SPEAKER PICHARDO:  NO PROPS, PLEASE

                    --

                                 MR. RIVERA:  WELCOME --

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 MR. RIVERA:  -- TO ALBANY.

                                         15



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 (APPLAUSE)

                                 ACTING SPEAKER PICHARDO:  AND I WILL

                    REMIND MEMBERS, PLEASE DIRECT YOUR COMMENTS TO THE CHAIR.

                                 MR. TAYLOR ON THE RESOLUTION.

                                 MR. TAYLOR:  THANK YOU, MR. SPEAKER.  I'LL BE

                    BRIEF.  I JUST WANT TO STAND AND LEND MY VOICE TO THE SPONSOR OF THIS --

                    OF THIS RESOLUTION.  AND I DON'T THINK I CAN ADD MUCH BEHIND THE TWO

                    COLLEAGUES THAT SPOKE.  BUT IT'S A PROUD MOMENT AND I -- I WELCOME OUR

                    GUESTS, OBVIOUSLY, TO THE CHAMBERS [SIC].  AND I -- I THINK WHEN WE

                    LOOK AROUND AND WE LOOK AT EVERYTHING, I DON'T HAVE PROPS, BUT I THINK

                    IF WE WERE LOOKING AT 1600 PENNSYLVANIA AVENUE, THERE'S A WHITE

                    HOUSE THAT WAS BUILT BY BLACK PEOPLE.  SO, I DON'T KNOW IF TRUMP

                    KNOWS THAT, HE MAY WANT TO LEAVE.  BUT I AM SO EXCITED AND WELCOME

                    AND THANK YOU AND THANK YOU -- AND IT IS A MOMENT -- TO -- TO CHARLES'

                    POINT, WE CAN'T GO BACK AND SAY, WELL, I'M FROM THE BLACKLAND.  BUT WE

                    ARE FROM AFRICA, AND IT'S PROUD AND WE SHOULD BE.  AND I THINK WHEN

                    PEOPLE LOOK AT FOLKS OF COLOR, WHETHER THEY SPEAK ENGLISH OR SPANISH,

                    AND THEY'VE BEEN IN THE SUN, AND IS BORN THAT WAY, WE -- WE SHOULDN'T

                    BE NECESSARILY FEARFUL OF FOLKS LIKE THAT.

                                 SO I AM PROUD.  I THANK YOU FOR -- FOR BRINGING THIS TO

                    THE FLOOR, TO THE ATTENTION OF OUR COLLEAGUES.  AND HAVE A GREAT DAY.

                    THANK YOU MUCH, MR. SPEAKER.

                                 (APPLAUSE)

                                 ACTING SPEAKER PICHARDO:  ON THE

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

                                         16



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RESOLUTION IS ADOPTED.

                                 (APPLAUSE/CHEERS)

                                 LADIES AND GENTLEMEN, PLEASE.

                                 WAYS AND MEANS, SPEAKER'S CONFERENCE ROOM.  MS.

                    WEINSTEIN IS ON HER WAY.  MEMBERS OF THE WAYS AND MEANS, SPEAKER'S

                    CONFERENCE ROOM.  PLEASE START MAKING YOUR WAY THERE.  THANK YOU SO

                    MUCH.

                                 PAGE 10, RULES REPORT NO. 139, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05821-A, RULES

                    REPORT NO. 139, ABBATE.  AN ACT TO AMEND THE TOWN LAW, IN RELATION

                    TO THE EMPLOYER'S ABILITY TO SUSPEND A POLICE OFFICER WITHOUT PAY

                    PENDING DISCIPLINARY CHARGES.

                                 ACTING SPEAKER PICHARDO:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 FIRST VOTE OF THE DAY, LADIES AND GENTLEMEN.  IF YOU ARE

                    IN CHAMBERS [SIC] OR YOU CAN HEAR MY VOICE, PLEASE MAKE YOUR WAY TO

                    YOUR DESKS AND CAST THE FIRST VOTE OF THE DAY.  THANK YOU SO MUCH.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.


                                 THE CLERK:  ASSEMBLY NO. A05940, RULES REPORT

                                         17



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NO. 140, ABBATE.  AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY

                    LAW, IN RELATION TO ELIGIBILITY FOR RETIREMENT BENEFITS FOR CERTAIN

                    MEMBERS OF THE UNIFIED COURT SYSTEM.

                                 ACTING SPEAKER PICHARDO:  THE BILL IS LAID

                    ASIDE.


                                 THE CLERK:  ASSEMBLY NO. A05949, RULES REPORT

                    NO. 141, FERNANDEZ, ARROYO, CRUZ, PICHARDO, BLAKE, DICKENS,

                    DINOWITZ, GALEF, SAYEGH, REYES, CRESPO, RIVERA, JOYNER, BENEDETTO,

                    GLICK, WILLIAMS, FALL, DAVILA.  AN ACT TO AMEND CHAPTER 465 OF THE

                    LAWS OF 1994, AMENDING CHAPTER 285 OF THE LAWS OF 1891 RELATING TO

                    CHARGING A FEE FOR ADMISSION TO THE NEW YORK BOTANICAL GARDEN, IN

                    RELATION TO MAKING PERMANENT CERTAIN PROVISIONS AUTHORIZING THE

                    IMPOSITION OF A REQUIRED FEE; AND TO REPEAL SECTION 2 OF SUCH CHAPTER

                    465 OF THE LAWS OF 1994 RELATING THERETO.

                                 ACTING SPEAKER PICHARDO:  ON A MOTION BY

                    MS.  FERNANDEZ, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER PICHARDO:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         18



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, IF WE

                    COULD TURN OUR ATTENTION NOW TO RULES REPORT NO. 275, IT'S ON PAGE 37

                    BY MR. HEASTIE, ON DEBATE.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08281, RULES REPORT

                    NO. 275, HEASTIE, CYMBROWITZ, HUNTER, DINOWITZ, O'DONNELL,

                    L. ROSENTHAL, CAHILL, THIELE, BRONSON, RYAN, BARRETT, MOSLEY,

                    PICHARDO, BARRON, JOYNER, RICHARDSON, NIOU, EPSTEIN, ROMEO,

                    GOTTFRIED, LENTOL, WEINSTEIN, NOLAN, COOK, GLICK, AUBRY, PERRY,

                    ARROYO, COLTON, PEOPLES-STOKES, TITUS, BENEDETTO, HEVESI, JAFFEE,

                    DENDEKKER, CRESPO, M.G. MILLER, WEPRIN, QUART, SOLAGES, STECK,

                    BICHOTTE, BLAKE, DILAN, SEAWRIGHT, SIMON, WALKER, CARROLL,

                    DE LA ROSA, D. ROSENTHAL, TAYLOR, CRUZ, FERNANDEZ, FRONTUS,

                    JACOBSON, RAYNOR, REYES, SAYEGH, ROZIC, OTIS, DAVILA, KIM, PRETLOW,

                    VANEL, BARNWELL.  AN ACT TO AMEND CHAPTER 576 OF THE LAWS OF 1974

                    AMENDING THE EMERGENCY HOUSING RENT CONTROL LAW RELATING TO THE

                    CONTROL OF AND STABILIZATION OF RENT IN CERTAIN CASES, THE EMERGENCY

                    HOUSING RENT CONTROL LAW, CHAPTER 329 OF THE LAWS OF 1963

                    AMENDING THE EMERGENCY HOUSING RENT CONTROL LAW RELATING TO

                    RECONTROL OF RENTS IN ALBANY, AND THE RENT REGULATION REFORM ACT OF

                    1997, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT; TO AMEND

                    CHAPTER 555 OF THE LAWS OF 1982 AMENDING THE GENERAL BUSINESS LAW

                    AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK RELATING TO

                                         19



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONVERSION OF RESIDENTIAL PROPERTY TO COOPERATIVE OR CONDOMINIUM

                    OWNERSHIP IN THE CITY OF NEW YORK, CHAPTER 402 OF THE LAWS OF 1983

                    AMENDING THE GENERAL BUSINESS LAW RELATING TO CONVERSION OF RENTAL

                    RESIDENTIAL PROPERTY TO COOPERATIVE OR CONDOMINIUM OWNERSHIP IN

                    CERTAIN MUNICIPALITIES IN THE COUNTIES OF NASSAU, WESTCHESTER AND

                    ROCKLAND, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT (PART A);

                    TO REPEAL CERTAIN PROVISIONS OF THE ADMINISTRATIVE CODE OF THE CITY OF

                    NEW YORK, THE EMERGENCY TENANT PROTECTION ACT OF 1974, THE

                    EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT

                    CONTROL ACT, RELATING TO RENT INCREASES AFTER VACANCY OF A HOUSING

                    ACCOMMODATION (PART B); TO AMEND THE ADMINISTRATIVE CODE OF THE

                    CITY OF NEW YORK AND THE EMERGENCY TENANT PROTECTION ACT OF 1974,

                    IN RELATION TO VACANCY OF CERTAIN HOUSING ACCOMMODATIONS AND TO

                    AMEND THE EMERGENCY TENANT PROTECTION ACT OF 1974 AND THE

                    ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO

                    PROHIBITING A COUNTY RENT GUIDELINES BOARD FROM ESTABLISHING RENT

                    ADJUSTMENTS FOR CLASS A DWELLING UNITS BASED ON CERTAIN CONSIDERATIONS

                    (PART C); TO AMEND THE EMERGENCY TENANT PROTECTION ACT OF 1974, IN

                    RELATION TO VACANCIES IN CERTAIN HOUSING ACCOMMODATIONS; AND TO REPEAL

                    PARAGRAPHS 12 AND 13 OF SUBDIVISION A OF SECTION 5 AND SECTION 5-A OF

                    SECTION 4 OF CHAPTER 576 OF THE LAWS OF 1974 CONSTITUTING THE

                    EMERGENCY TENANT PROTECTION ACT OF 1974, PARAGRAPH (N) OF

                    SUBDIVISION 2 OF SECTION 2 OF CHAPTER 274 OF THE LAWS OF 1946,

                    CONSTITUTING THE EMERGENCY HOUSING RENT CONTROL LAW, AND SECTIONS

                    26-504.1, 26-504.2 AND 26-504.3 AND SUBPARAGRAPH (K) OF PARAGRAPH 2

                                         20



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    OF SUBDIVISION E OF SECTION 26-403 OF THE ADMINISTRATIVE CODE OF THE

                    CITY OF NEW YORK, RELATING TO VACANCY DECONTROL (PART D); TO AMEND

                    THE EMERGENCY TENANT PROTECTION ACT OF 1974 AND THE ADMINISTRATIVE

                    CODE OF THE CITY OF NEW YORK, IN RELATION TO THE REGULATION OF RENTS

                    (PART E); TO AMEND THE EMERGENCY TENANT PROTECTION ACT OF 1974, THE

                    ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND THE CIVIL PRACTICE

                    LAW AND RULES, IN RELATION TO INVESTIGATION OF RENT OVERCHARGE

                    COMPLAINTS (PART F); TO ESTABLISH THE "STATEWIDE TENANT PROTECTION ACT

                    OF 2019"; AND TO AMEND THE EMERGENCY TENANT PROTECTION ACT OF 1974,

                    IN RELATION TO EXPANDING RENT AND EVICTION PROTECTIONS STATEWIDE (PART

                    G); 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 PROHIBITION OF FUEL PASS-ALONG

                    CHARGES; AND TO REPEAL CERTAIN PROVISIONS OF THE ADMINISTRATIVE CODE OF

                    THE CITY OF NEW YORK RELATING THERETO (PART H); 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 RECOVERY OF CERTAIN HOUSING ACCOMMODATIONS BY A

                    LANDLORD (PART I); TO AMEND THE EMERGENCY TENANT PROTECTION ACT OF

                    NINE- TEEN SEVENTY-FOUR, IN RELATION TO NOT-FOR-PROFITS' USE OF CERTAIN

                    RESIDENTIAL DWELLINGS (PART J); TO AMEND THE EMERGENCY TENANT

                    PROTECTION ACT OF 1974, THE EMERGENCY HOUSING RENT CONTROL LAW,

                    AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION TO A

                    TEMPORARY INCREASE IN RENT IN CERTAIN CASES (PART K); TO AMEND THE

                    PUBLIC HOUSING LAW, IN RELATION TO ENACTING THE "RENT REGULATION

                                         21



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    REPORTING ACT OF 2019" (PART L); TO AMEND THE REAL PROPERTY LAW, THE

                    REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, THE GENERAL OBLIGATIONS

                    LAW AND THE JUDICIARY LAW, IN RELATION TO ENACTING THE "STATEWIDE

                    HOUSING SECURITY AND TENANT PROTECTION ACT OF 2019"; ESTABLISHES THE

                    NEW YORK STATE TEMPORARY COMMISSION ON HOUSING SECURITY AND

                    TENANT PROTECTION; AND TO REPEAL CERTAIN PROVISIONS OF THE REAL

                    PROPERTY ACTIONS AND PROCEEDINGS LAW RELATING THERETO (PART M); TO

                    AMEND THE GENERAL BUSINESS LAW, IN RELATION TO CONVERSIONS TO

                    COOPERATIVE OR CONDOMINIUM OWNERSHIP IN THE CITY OF NEW YORK (PART

                    N); AND TO AMEND THE REAL PROPERTY LAW, IN RELATION TO THE DUTIES AND

                    RESPONSIBILITIES OF MANUFACTURED HOME PARK OWNERS AND RESIDENTS (PART

                    O).

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MRS. PEOPLES-STOKES.  NO.  MR. -- I'M SORRY.  SHE WAS UP,

                    YOU WERE UP.  I DIDN'T KNOW WHICH ONE.

                                 MR. CYMBROWITZ:  (INAUDIBLE) OVER HERE.

                                 ACTING SPEAKER AUBRY:  HI THERE.

                                 (LAUGHTER)

                                 MR. CYMBROWITZ:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  SHH.  ONE MINUTE

                    BEFORE WE START, MR. CYMBROWITZ.  PLEASE, LADIES AND GENTLEMEN, SIDES,

                    REAR, WE'D APPRECIATE YOUR COOPERATION SO THAT WE MAY GET THIS BILL

                    DONE.

                                 SIR.

                                 MR. CYMBROWITZ:  THANK YOU, MR. SPEAKER.

                                         22



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THIS BILL WOULD MAKE THE STATE'S LAWS AUTHORIZING RENT REGULATION

                    PERMANENT, HELPING ENSURE MUNICIPALITIES WHO ARE OR MAY ONE DAY FACE

                    A HOUSING CRISIS, THAT THEY WILL ALWAYS HAVE ACCESS TO THIS CRITICAL

                    OPTION.  THE BILL WOULD ALSO EXTEND THE SAME OPPORTUNITY TO EVERY CITY,

                    TOWN AND VILLAGE IN NEW YORK STATE THAT IS NOT CURRENTLY ELIGIBLE.  IN

                    ADDITION, THE BILL STRENGTHENS AND REFORMS THE RENT REGULATION SYSTEM,

                    AND BOLSTERS PROTECTIONS FOR UNREGULATED TENANTS STATEWIDE, INCLUDED IN

                    MANUFACTURED HOME PARKS WHERE THE IMBALANCE OF POWER BETWEEN

                    TENANT AND LANDLORD IS SIGNIFICANT.  THIS BILL WOULD ALSO MAKE

                    SIGNIFICANT AND ADDITIONAL FUNDS AVAILABLE FOR HCR TO FULFILL ITS MISSION

                    TO PROTECT AND PRESERVE AFFORDABLE HOUSING, AND HOPEFULLY IMPROVE ITS

                    INTERACTIONS WITH TENANTS AND LANDLORDS.  A BETTER-FUNDED AGENCY WILL

                    BENEFIT ALL.

                                 ACTING SPEAKER AUBRY:  MR. FITZPATRICK.

                                 MR. FITZPATRICK:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 MR. CYMBROWITZ:  OF COURSE.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ

                    YIELDS.

                                 MR. FITZPATRICK:  THANK YOU, STEVE.  THIS IS --

                    WE KNEW THIS DAY WAS COMING, CERTAINLY AFTER LAST YEAR'S ELECTION, AND

                    WE'RE TAKING UP A NUMBER OF BILLS THAT WE HAVE DEBATED OVER MANY,

                    MANY YEARS AND PUT IT ALL INTO ONE PACKAGE.  WELL, THAT SHOULD MAKE FOR

                    A BIT OF A QUICKER DAY TODAY.  CERTAINLY, THIS BEING FRIDAY AND WE'D ALL

                    LIKE TO GO HOME.  BUT RENT CONTROL, LATER KNOWN AS RENT STABILIZATION,

                                         23



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HAS BEEN A CONTROVERSIAL TOPIC IN THE STATE OF NEW YORK FOR A LONG,

                    LONG TIME.  AND AFTER TODAY IT WILL CONTINUE TO BE, AND I THINK IT WILL BE

                    EVEN MORE CONTROVERSIAL BECAUSE I THINK WHAT WE'RE DOING HERE TODAY

                    IS NOT JUST GOING MORE IN A PRO-TENANT DIRECTION, BUT WE ARE GOING IN AN

                    EXTREME DIRECTION IN THAT -- IN THAT DIRECTION IN TERMS OF BEING

                    PRO-TENANT, SO MUCH SO THAT IT'S GOING TO, I BELIEVE, REALLY HARM TENANTS

                    IN THE FUTURE BECAUSE WE'RE GOING TO HAVE A PROBLEM INCENTIVIZING THE

                    CONSTRUCTION OF NEW HOUSING.

                                 STEVE, I WANT TO JUST -- YOU KNOW, WE -- HAD HEARINGS

                    AND WE HEARD A LOT OF TESTIMONY FROM BOTH SIDES, AND WE KNOW THERE

                    WERE PROBLEMS IN THE CURRENT SYSTEM.  AND THERE HAVE BEEN BAND-AIDS

                    APPLIED IN A NUMBER OF AREAS REGARDING RENT REGULATION OVER THE YEARS,

                    AND IT'S QUITE A MESS.  AND ONE OBSERVATION WAS THAT SO MUCH NEEDS TO

                    CHANGE REGARDING THE SYSTEM THAT NOTHING ENDS UP CHANGING.  I KNOW

                    YOU'RE GOING TO ATTEMPT THROUGH THE PASSAGE -- BY PASSING THIS BILL

                    TODAY TO PERHAPS REMEDY THAT.  BUT ONE THING -- THERE ARE THREE AREAS

                    THAT ARE OF CONCERN.  ONE IS THE LOSS OF VACANCY DECONTROL, AND HOW WE

                    JUSTIFY NOT HAVING MEANS TESTING FOR PEOPLE WHO MAKE A DECENT INCOME

                    AND ALLOWING THEM TO ENJOY THE BENEFITS OF RENT REGULATION AT THE

                    EXPENSE OF PEOPLE WHO ARE IN REAL NEED OF AFFORDABLE HOUSING.  HOW

                    DO YOU JUSTIFY ELIMINATING VACANCY DECONTROL -- HOW DO YOU JUSTIFY

                    ELIMINATING VACANCY DECONTROL AND PROTECTING A CLASS OF TENANTS THAT DO

                    NOT DESERVE SUCH PROTECTION?

                                 MR. CYMBROWITZ:  WELL, FIRSTLY, I WANT TO THANK

                    YOU FOR PARTICIPATING IN ALL THE HEARINGS THAT WE HAD.  YOU WERE THERE,

                                         24



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    YOU WERE ONE OF THE LAST TO LEAVE WITH ME.

                                 MR. FITZPATRICK:  MM-HMM.

                                 MR. CYMBROWITZ:  YOU STAYED IN NEW YORK CITY

                    AND ALBANY, AND AS WELL IN ROCHESTER, AND APPRECIATE THE FACT THAT YOU

                    WERE THERE.  THE -- THE VACANCY DECONTROL, THE 20 PERCENT, HAS ALWAYS

                    BEEN A TOOL THAT HAS BEEN USED TO GET TENANTS OUT, SO THAT WHEN A TENANT

                    LEAVES THAT APARTMENT, THE LANDLORD IS ABLE TO -- THE LANDLORD IS ALWAYS

                    ABLE TO ADD THE 20 PERCENT.  BUT ALL TENANTS DESERVE PROTECTIONS.  AND

                    THE MEANS TEST IS NOT ASSOCIATED WITH PROTECTIONS.  THESE ARE FOR EVERY

                    TENANT WHO IS IN A RENT-STABILIZED UNIT.

                                 MR. FITZPATRICK:  BUT WE IMPLEMENTED THE 20

                    PERCENT TO ALLOW -- THE GOAL -- THIS WAS A TEMPORARY EMERGENCY.  THIS IS

                    A TEMPORARY EMERGENCY THAT HAS LASTED ALMOST 70 YEARS.  THE -- THE

                    GOAL WAS TO SLOWLY WEAN THE CITY OFF OF RENT CONTROL OR RENT

                    STABILIZATION TO KIND OF ELIMINATE THIS EMERGENCY.  THE CITY, IN OUR

                    OPINION, HAS NOT DONE ITS JOB IN TERMS OF CREATING THE NECESSARY ZONING,

                    THE -- THE TAX STRUCTURE, ENVIRONMENTAL REGULATIONS TO ENCOURAGE THE

                    CONSTRUCTION OF MORE AFFORDABLE HOUSING.  THE CITY OBVIOUSLY NEEDS TO

                    DO MORE, AND I'D LIKE TO KNOW WHAT -- AFTER WE PASS THIS BILL, WHAT ARE

                    WE GOING TO DO TO CREATE MORE AFFORDABLE HOUSING?  I -- I'M CONCERNED

                    BECAUSE PASSAGE OF THIS LEGISLATION WITH ALL OF ITS COMPONENTS IS GOING

                    TO DISCOURAGE, NOT ENCOURAGE, THE MAINTENANCE OF OUR AFFORDABLE

                    HOUSING, OF OUR RENTAL HOUSING STOCK AS WE KNOW.  MOST OF IT IS

                    CONSTRUCTED WELL BEFORE 1974 AND EVEN BEFORE WORLD WAR II.  IT IS --

                    REQUIRES A LOT OF MAINTENANCE.  IT REQUIRES A LOT OF UPKEEP.  AND WHEN

                                         25



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    YOU HAVE GOVERNMENT CONTROL OF PRICING THROUGH THE RENT -- RENT

                    GUIDELINES BOARD AND RENT STABILIZATION LEGISLATION, YOU ARE -- YOU ARE

                    PREVENTING, QUITE FRANKLY, THE PROPER UPKEEP OF THIS -- OF THESE -- OF

                    THESE BUILDINGS.  HOW ARE WE GOING TO -- BY IMPLEMENTING THIS -- THIS

                    NEW REG -- THIS REGULATION PERMANENTLY, HOW ARE WE GOING TO

                    INCENTIVIZE OWNERS TO UP -- TO MAINTAIN THEIR PROPERTIES, AND AT THE

                    SAME TIME PROVIDE AFFORDABLE HOUSING?

                                 MR. CYMBROWITZ:  AS YOU KNOW, RENT

                    STABILIZATION EXISTS, AND PART OF IT IS TO DO A SURVEY TO DETERMINE

                    WHETHER THERE IS A HOUSING EMERGENCY.  AND IF THERE IS A VACANCY OF

                    LESS THAN 5 PERCENT, THEN THE -- THEN THE EMERGENCY CONTINUES.  THAT'S

                    THE REASON IT'S CONTINUED IN NEW YORK CITY, BECAUSE IT'S ALWAYS BEEN

                    HOVERING AROUND 3 PERCENT VACANCY.  SO THAT CONTINUES.  SO THE -- SO

                    IT'S NOT A MATTER -- IT MIGHT HAVE BEEN TEMPORARY IF THE EMERGE -- IF THE

                    VACANCY RATE CHANGED, BUT BECAUSE THE VACANCY IS STILL LESS THAN 5

                    PERCENT, IT CONTINUES.  BUT AS FAR AS BUILDING AFFORDABLE HOUSING, NEW

                    YORK CITY, NEW YORK STATE AND THE FEDERAL GOVERNMENT HAVE INVESTED

                    MILLIONS AND MILLIONS OF DOLLARS TO BUILD AFFORDABLE HOUSING AND THEY

                    WILL CONTINUE TO DO SO.

                                 MR. FITZPATRICK:  WE -- WE HAVE THE INCOME

                    LIMIT OF $200,000 PER YEAR THAT UPON LEASE RENEWAL, IF YOUR INCOME IS

                    THAT HIGH, THAT UNIT CAN GO TO MARKET RENT -- MARKET RATE.  WHY ARE WE

                    PROTECTING THAT CLASS OF RENTER?  WE ARE -- WE ARE KEEPING PEOPLE WHO

                    NEED AFFORDABLE HOUSING ON THE SIDELINES.  WE ARE NOT ABLE TO PROVIDE

                    FOR THEM BECAUSE WE ARE PROTECTING A CLASS OF INDIVIDUAL -- OF -- OF

                                         26



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    TENANT THAT DOES NOT MERIT OR DESERVE THAT LEVEL OF PROTECTION.  AND

                    AFFORDABLE HOUSING, IF RENT REGULATION IS DESIGNED TO MITIGATE AN

                    EMERGENCY, WHY ARE WE PROTECTING THESE PEOPLE?  THEY CAN CERTAINLY

                    GO OUT AND AFFORD A MARKET RATE RENTAL.  AND HERE WE HAVE FAMILIES WHO

                    NEED HOUSING, SOME WHO NEED TWO AND THREE BEDROOMS.  BUT WE HAVE A

                    SYSTEM THAT ENCOURAGES PEOPLE TO STAY IN A RENT-REGULATED UNIT WHETHER

                    THEY NEED TWO OR THREE BEDROOMS OR NOT.  IN FACT, THERE ARE MANY WHO

                    ARE EMPTY-NESTERS AND NO LONGER NEED SUCH A LARGE UNIT, BUT WILL STAY

                    THERE BECAUSE THE PRICE IS KEPT ARTIFICIALLY LOW.  HOW IS THAT HELPING

                    PEOPLE WHO NEED AFFORDABLE HOUSING?

                                 MR. CYMBROWITZ:  IN 2019, THE $200,000

                    AMOUNT -- AND IN MOST FAMILIES THERE ARE TWO, YOU KNOW, TWO WAGE

                    EARNERS.  AND $200,000 IS NOT AN EXORBITANT AMOUNT OF MONEY.  AND

                    THOSE PEOPLE WHO HAVE BEEN LIVING THERE HAVE BEEN WORKING HARD AND

                    HAVE BEEN ABLE TO GET JOBS WHERE THEY CAN NOW MAKE ADDITIONAL DOLLARS

                    FROM WHAT THEY'VE DONE -- FROM WHAT THEY'VE LABORED IN THE PAST.

                                 MR. FITZPATRICK:  BUT STILL, YOU'RE -- YOU'RE -- WE

                    -- WE HAVE A LARGE GROUP OF RESIDENTS IN NEW YORK CITY WHO

                    DESPERATELY NEED AFFORDABLE HOUSING, AND YET, A CLASS OF TENANTS WHO

                    REQUIRE AND DO NOT NEED -- WHO REQUIRE NO ASSISTANCE FROM GOVERNMENT

                    ARE BEING ALLOWED TO STAY AT THE EXPENSE OF PEOPLE WHO NEED IT.  AND

                    THIS SYSTEM IS ENCOURAGING -- IN FACT, IT'S GOING TO MAKE PERMANENT THAT

                    SYSTEM.  HOW IS THAT GOING TO CREATE OR INCENTIVIZE MORE AFFORDABLE

                    HOUSING?

                                 MR. CYMBROWITZ:  I THINK THE AMOUNT OF -- THE

                                         27



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NUMBER OF UNITS, AFFORDABLE HOUSING UNITS THAT ARE BUILDING ARE NEVER

                    ENOUGH.  BUT WE CONTINUE TO INVEST MILLIONS OF DOLLARS IN ORDER TO BUILD

                    MORE.  BUT EVERY TENANT DESERVE PROTECTIONS, NO MATTER WHAT THEIR

                    INCOME IS.

                                 MR. FITZPATRICK:  REGARDLESS OF INCOME THEY

                    DESERVE PROTECTION WHEN WE'RE TRYING TO HELP THOSE WHO DESPERATELY

                    NEED IT BY PROTECTING THOSE WHO DON'T NEED IT.  THAT -- THAT, TO ME, DOES

                    NOT MAKE SENSE, AND I THINK WE'RE GOING TO PERPETUATE THAT SYSTEM.

                    WHICH MEANS THE IMBALANCE, THE INEQUITIES, THE ECONOMIC MADNESS OF

                    THIS RENT REGULATION SYSTEM IS GOING TO CONTINUE IN PERPETUITY BY

                    MAKING THIS PERMANENT.  IT'S -- IT'S A VERY SAD SITUATION.  THE -- LET ME

                    ASK YOU ALSO BY -- YOU KNOW, THE OTHER ITEM HERE BY -- WHAT WE'RE

                    REALLY DOING HERE IS, WE ARE TRANSFERRING THE COST OF -- OR SHIFTING -- YOU

                    KNOW, WHEN WE CREATE THIS HOMELESSNESS ISSUE WITH THIS LACK OF

                    AFFORDABLE HOUSING, WE ARE PUTTING THAT BURDEN, SHIFTING THAT BURDEN TO

                    THE LANDLORD AND AWAY FROM THE CITY.  WE ARE BASICALLY GIVING THE CITY

                    A FREE RIDE OR A PASS HERE, BECAUSE WE'RE SHIFTING THAT BURDEN TO THE

                    PRIVATE PROPERTY OWNER AND LETTING THE CITY OFF THE HOOK, IN MY

                    OPINION.  SOME OF THE CHANGES HERE BY, YOU KNOW, ALLOWING PEOPLE

                    ADDITIONAL TIME WHEN THEY DON'T PAY RENT - UP TO 12 MONTHS FOR

                    NONPAYMENT OF RENT - WE ARE GOING TO AN EXTREME HERE TO PROTECT

                    PEOPLE WHO PERHAPS DO NOT SERVE THAT PROTECTION.  BUT WE'RE SHIFTING

                    THAT COST TO THE PROPERTY OWNER AND TO THE PEOPLE WHO PAY RENT WHEN --

                    WHEN THAT OBLIGATION BELONGS WITH THE CITY, AND -- AND SHOULD BE A

                    SOCIETY-WIDE COST OR BURDEN.  WHY ARE WE DOING THAT?

                                         28



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  I DON'T KNOW WHERE YOU'RE

                    GETTING THE 12 MONTHS.  WHAT WE HAVE DONE IS SHIFTED, GIVING THE

                    TENANT INSTEAD OF THREE --

                                 MR. FITZPATRICK:  THE EVICTION, I'M TALKING ABOUT

                    THE EVICTION.

                                 MR. CYMBROWITZ:  INSTEAD OF THREE DAYS NOTICE,

                    WE'RE NOW GIVING THEM 14 DAYS SO THAT THEY CAN BE NOTIFIED THAT THEY

                    HAVE TO BE IN COURT.  SOMETIMES WHAT WE HAVE FOUND IS THAT THREE DAYS

                    IS CERTAINLY NOT ENOUGH.  SO WE HAVE NOT GIVEN TENANTS 12 MONTHS

                    LONGER TO STAY IN THEIR APARTMENT.  IF ANYTHING, WHAT WE'VE DONE IS

                    WE'VE GIVEN THEM TIME TO BE NOTIFIED.  WE GIVE THEM TEN DAYS TO BE

                    NOTIFIED THAT THEY HAVE A COURT APPEARANCE, AND THEN ONCE THE JUDGE

                    MAKES A RULING THEY'RE GIVEN ANOTHER 12 DAYS.  SO WE'RE TALKING ABOUT

                    34 DAYS IN TOTAL THAT WE'RE GIVING A TENANT TIME TO -- TO LEAVE THAT

                    APARTMENT WHEN THE DECISION IS MADE.

                                 MR. FITZPATRICK:  OKAY.  I WANT TO -- JUST A

                    QUESTION ON THE MCI, THE CHANGES TO MAJOR CAPITAL IMPROVEMENTS.

                    WE ARE LIMITING THE RECOVERY OF THOSE COSTS.  WE'RE GOING TO LIMIT THAT

                    TO AN AGGREGATE AMOUNT OF $15,000.  AND NO MORE THAN THREE SEPARATE

                    IMPROVEMENTS OVER A 15-YEAR PERIOD.  HOW DO --

                                 MR. CYMBROWITZ:  THAT'S THE IAIS.

                                 MR. FITZPATRICK:  IAI.

                                 MR. CYMBROWITZ:  YES.

                                 MR. FITZPATRICK:  HOW -- HOW WAS THAT -- THAT

                    $15,000 FIGURE ARRIVED AT?  BECAUSE THE COST OF DOING IMPROVEMENTS --

                                         29



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    DOING A KITCHEN, DOING A BATH, THOSE ARE PROBABLY THE TWO PRINCIPAL

                    IMPROVEMENTS THAT WE -- WOULD BE MADE -- ARE NOT CHEAP.  THAT'S --

                    THEY'RE QUITE COSTLY.  SO, WHERE -- WHERE DID THE $15,000 LIMIT COME

                    FROM?  HOW WAS THAT ARRIVED AT?

                                 MR. CYMBROWITZ:  THAT -- THAT WAS BASED ON AN

                    AVERAGE THAT WE RECEIVED FROM HCR, WHAT THE COSTS ARE.

                                 MR. FITZPATRICK:  OKAY.  SO OVER -- GIVEN THE

                    AGE OF SO MANY OF THESE BUILDINGS, I THINK THAT IS KIND OF LOW.  AND

                    LIMITING THAT OVER A 15-YEAR PERIOD TO $15,000 IS NOT -- I'M CONCERNED

                    THAT YOU'RE GOING TO -- IT'S NOT GOING TO INCENTIVIZE PEOPLE TO DO

                    NECESSARY IMPROVEMENTS BECAUSE, AGAIN, WHEN YOU HAVE ISSUES LIKE

                    PREVAILING WAGE, THE COST OF THESE IMPROVEMENTS ARE VERY EXPENSIVE,

                    YOU'RE NOT GOING TO SEE THE LEVEL OF IMPROVEMENT.  THAT IS GOING TO

                    PERHAPS COST JOBS AND COST, I THINK, THE ECONOMY BECAUSE THERE IS A

                    SIGNIFICANT LEVEL OF ECONOMIC ACTIVITY DONE THROUGH THE MCI AND IAI

                    SYSTEM.  OBVIOUSLY, THERE ARE BAD -- THERE ARE BAD ACTORS WHO ABUSE

                    THAT SYSTEM, BUT FOR THE MOST PART, THAT ECONOMIC ACTIVITY IS GOING TO BE

                    DRASTICALLY CURTAILED.  AND HOW IS THAT GOING TO IMPROVE THE LOT FOR

                    TENANTS?

                                 MR. CYMBROWITZ:  I BELIEVE THAT LANDLORDS WILL

                    CONTINUE TO TAKE CARE OF THEIR PROPERTIES, WILL CONTINUE TO IMPROVE THEIR

                    PROPERTIES AND WILL -- AND WILL RENOVATE THE APARTMENTS AS NEEDED.  SO

                    THE FACT THAT THEY HAVE 15 -- OVER A 15-YEAR PERIOD, THEY CAN -- THEY

                    CAN --

                                 MR. FITZPATRICK:  BUT THAT -- THAT'S --

                                         30



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  THEY HAVE AN AGGREGATE OF 15

                    -- $15,000 TO MAKE THOSE IMPROVEMENTS.

                                 MR. FITZPATRICK:  THAT, STEVE, IS ONLY IF THEY CAN

                    AFFORD THEM.  ALL RIGHT?  SO WE ARE -- WE ARE LIMITING THAT INCREASE TO 2

                    -- 2 PERCENT, WE'RE EXTENDING THE PERIOD PAYMENT PERIOD, WE'RE -- WE'RE

                    TAKING THAT, WE'RE NOT ALLOWING THAT TO GO INTO THE BASE RENT.  AND

                    THEREFORE, YOU'RE GOING TO HAVE A HARD TIME BEING ABLE TO ACCUMULATE

                    THE NECESSARY CAPITAL TO HAVE TO PAY FOR THAT.  ALSO, YOU'RE GOING TO SEE,

                    THERE'S ALREADY A DROP IN SHARE PRICE ON SOME OF THE BANKS THAT LEND TO

                    BUILDING OWNERS.  SO, YOU'RE GOING TO FIND IT'S GOING TO BE MORE

                    DIFFICULT FOR THEM TO FINANCE THIS.  THEY CAN'T EVEN INCLUDE THE

                    FINANCING IN THE BASE RENT, THEY HAVE TO PAY FOR THAT THEMSELVES.  THEY

                    HAVE TO PAY FOR THAT THEMSELVES.  BUT, AGAIN, WE'RE GOING TO SUCH AN

                    EXTREME, YOU COULD SAY WE'RE -- WE'RE NOT JUST MOVING THE GOALPOST THIS

                    TIME, AS I'VE SAID IN THE PAST, WE'RE TAKING THEM DOWN.  AND GOING --

                    YOU'RE GOING TO MAKE IT MORE, I -- I BELIEVE, JUST EXTREMELY DIFFICULT FOR

                    PEOPLE TO ACCUMULATE THE CAPITAL.  WE'RE LIMITING THE RENT THROUGH THE

                    RENT GUIDELINES BOARD, WE'RE NOT ALLOWING THEM A 20 PERCENT VACANCY

                    INCREASE UPON... UPON VACANCY TO ALLOW THEM TO KIND OF CATCH UP

                    BECAUSE WE'RE ARTIFICIALLY DEPRESSING THESE RATES.  THEY'RE IN OLD

                    BUILDINGS THAT ARE VERY EXPENSIVE TO MAINTAIN AND UPKEEP, AND GETTING

                    MORE SO.  AND YOU'RE GOING TO MAKE -- IT'S GOING TO BE VERY DIFFICULT TO

                    FIND FINANCING TO DO THESE REPAIRS TO DO THIS.  SO, I'M -- I'M JUST VERY

                    CONCERNED THAT WE ARE GOING TO MAKE A BAD SITUATION EVEN WORSE IN AN

                    EFFORT TO PROTECT TENANTS, SOME OF WHOM DON'T DESERVE THAT PROTECTION.

                                         31



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BUT IN AN EFFORT TO PROTECT TENANTS, WE ARE MAKING IT SO DIFFICULT FOR

                    BUILDING OWNERS TO MAINTAIN AND UPKEEP THEIR PROPERTIES, I FEAR YOU'RE

                    GOING TO SEE THEM EITHER SELL OFF THEIR PROPERTIES, ALLOW THEM TO GO INTO

                    A STATE OF DISREPAIR.  WE COULD SEE A RETURN TO SOME OF THE BAD OLD DAYS

                    WHERE PEOPLE ABANDON THEIR PROPERTIES.  THIS WILL NOT HELP TENANTS.

                    THIS IS GOING TO BE VERY DAMAGING, AND IT'S GOING TO DISCOURAGE ANY

                    INVESTMENT WHATSOEVER IN NEW AFFORDABLE RENTAL PROPERTIES, AND THE

                    CITY AND -- AND STATE ARE GOING TO HAVE TO OFFER AN INCREDIBLE LEVEL OF

                    INCENTIVE NOW, MORE THAN THEY'VE EVER HAD TO OFFER IN THE PAST, TO ENTICE

                    DEVELOPERS TO GO IN AND FIX THIS PROBLEM.  AND WITHOUT ASSISTANCE FROM

                    THE CITY IN TERMS OF ZONING AND OTHER REGULATION, THERE IS A REAL -- THERE

                    IS A CATASTROPHE, I THINK, IN THE MAKING HERE THAT I THINK WAS PERHAPS

                    IGNORED IN AN EFFORT TO SATISFY THE CONCERNS OF TENANTS.  AND THERE ARE

                    SOME LEGITIMATE CONCERNS, BUT WE COULD FIX THIS BY PERHAPS TINKERING

                    AND IMPROVING BETTER ENFORCEMENT AND OTHER AREAS, RATHER THAN JUST

                    ELIMINATING THE GOAL POSTS, ELIMINATING THE RULES, AND STACKING THE DECK

                    SO MUCH IN FAVOR OF TENANTS THAT WE END UP HURTING TENANTS IN THE LONG

                    RUN BECAUSE THERE IS -- EVERY YEAR THERE IS A NEED FOR MORE AND MORE

                    AFFORDABLE HOUSING, NOT LESS.  AND, YOU KNOW, WITHOUT -- WITHOUT A

                    PROGRAM, WITHOUT A SYSTEM TO ENCOURAGE THE CONSTRUCTION OF NEW

                    AFFORDABLE HOUSING, WE'RE GOING TO HAVE A BIGGER PROBLEM GOING

                    FORWARD.  I THOUGHT AFTER WE PASSED THIS BILL, YOU KNOW, OUR -- OUR

                    COMMITTEE MAY BE SOMEWHAT QUIET FOR A WHILE.  BUT I'M STARTING TO

                    HAVE SECOND THOUGHTS THAT WE MAY BE BUSIER THAN EVER BECAUSE THIS

                    SYSTEM -- WE'RE NOT MAKING THIS SYSTEM BETTER, WE ARE MAKING IT WORSE

                                         32



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BY THE CHANGES WE'RE DOING HERE.  IT'S GOING TO BE POLITICALLY POPULAR,

                    NO DOUBT ABOUT IT, THAT -- THAT TENANTS ARE LOOKING FORWARD TO WHAT'S

                    COMING.  IN FACT, THEY WANT IT EVEN MORE.  BUT IF WE DON'T -- IF WE DON'T

                    ENCOURAGE THE DEVELOPMENT OF AFFORDABLE HOUSING, THE PEOPLE OF THE

                    CITY OF NEW YORK AND PERHAPS AROUND THE STATE, BECAUSE WE'RE GOING

                    TO OPEN THIS SYSTEM POTENTIALLY TO EVERY MUNICIPALITY IN THE STATE OF

                    NEW YORK, WE'RE GOING TO HAVE A PROBLEM OF -- OF A PROPORTION WE'VE

                    NEVER SEEN BEFORE.  SO, WITH THAT, I WILL... BE GOING TO --

                                 MR. CYMBROWITZ:  IF I MAY --

                                 MR. FITZPATRICK:  PLEASE.

                                 MR. CYMBROWITZ:  I -- I REALLY -- I -- I'D REALLY

                    LIKE TO RESPOND TO SOME OF THE COMMENTS.  AND THANK YOU FOR USING THE

                    GOALPOSTS.  IT MIGHT BE THE LAST TIME YOU USE YOUR GOALPOST ANALOGY.

                                 (LAUGHTER)

                                 BUT YOU'RE RIGHT, WE WILL NO LONGER USE GOALPOSTS,

                    WE'RE NO LONGER MOVING THEM.  WE HAVE CHANGED THE SPORT.  WE ARE

                    NOW EITHER USING A BASKET OR -- OR A FENCE, BUT WE'RE NOT USING

                    GOALPOSTS.  SO, BUT I --I THINK IT'S IMPORTANT TO UNDERSTAND A -- A COUPLE

                    OF THINGS.  AND -- AND FIRST OF ALL, IT -- IT'S IMPORTANT THAT THE LEGISLATION

                    THAT WE PUT IN, NUMBER ONE, DEALT WITH THE FRAUD OF -- OF CERTAIN

                    LANDLORDS WHEN THEY DID THE IAIS.  AND, YOU KNOW, YOU HEARD THE

                    TESTIMONY OF, YOU KNOW, DURING -- DURING OUR HEARINGS, AND THERE WERE

                    MANY LANDLORDS WHO -- WHO WOULD JUST PUT ANY NUMBER DOWN FOR

                    IMPROVEMENTS.  AND WHAT WE HAVE DONE IS WE'VE MADE IT MORE

                    DIFFICULT FOR THEM JUST TO USE THEIR OWN CONTRACTING COMPANY, TO USE A

                                         33



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    FAMILY MEMBER WHO IS -- WHO IS PART OF THEIR TEAM.  SO WE WILL BE

                    HAVING A PORTAL SET UP WITH HCR SO ALL DOCUMENTS, ALL RECEIPTS,

                    EVERYTHING CAN BE UPLOADED TO HCR.  AND THAT'S WHY WE HAVE LIMITED

                    THE $15,000 OVER -- OVER THE 15 YEARS BECAUSE OF THE ABUSE.  BUT YOU

                    MENTIONED BANKS.  AND -- AND I'VE -- AND I'VE SEEN SOME OF THE NEWS

                    ARTICLES.  BUT LANDLORDS WILL STILL BE GETTING A RETURN, ALTHOUGH THEY MAY

                    NOT BE GETTING HUGE NUMBERS AS IN THE PAST, THEY DO -- THEY WILL BE

                    GETTING 5 TO 6 PERCENT RETURN, AND THAT'S OVER 30 YEARS, AND THAT'S --

                    BECAUSE IT'S 30 YEARS, BANKS WILL CONTINUE TO MAKE LOANS.  THEY WILL

                    LIMIT MAYBE, THEY WILL ADJUST THE WAY THEY DO IT, BUT THEY WILL CONTINUE

                    TO DO IT.  AND I THINK THE THINGS THAT YOU'RE CONCERNED ABOUT, THINGS

                    DETERIORATING IN SUCH A WAY, I DON'T BELIEVE WILL -- WILL OCCUR.

                                 MR. FITZPATRICK:  WELL, YOU -- YOU -- WHEN YOU

                    TALK ABOUT THE MAJOR LANDLORDS, THE LARGE PLAYERS, I THINK YOU'RE

                    PROBABLY CORRECT.  BUT WE HAVE A LOT OF RENTAL HOUSING STOCK THAT IS

                    OWNED BY SMALL BUSINESS PEOPLE, BY FAMILIES, BY INDIVIDUALS WHO OWN

                    ONE OR TWO OR THREE BUILDINGS AND HAVE USED THAT -- THAT HAS BEEN THEIR

                    BUSINESS.  THEY ARE THE ONES THAT ARE GOING TO SUFFER.  AND THEIR TENANTS

                    ARE GOING TO SUFFER AS A RESULT OF THIS IF THEY CANNOT GET THE -- THE

                    NECESSARY FINANCING TO MAKE IMPROVEMENTS.  IF THAT HOUSING STOCK FALLS

                    INTO FURTHER DISREPAIR -- BECAUSE, AS WE KNOW, A LOT OF IT IS VERY OLD

                    HOUSING STOCK -- WHAT ARE WE GOING TO DO TO HELP THOSE BUILDING

                    OWNERS MEET THE NEED?  AND WHAT ARE WE GOING TO DO TO HELP THE

                    TENANTS WHO MAY FALL INTO A REALLY SERIOUS SITUATION IF THAT OWNER CAN'T

                    KEEP THAT HOUSE OR KEEP -- KEEP THAT BUILDING?  WHAT HAPPENS THEN?

                                         34



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  WELL, I BELIEVE THAT THE SMALL

                    LANDLORDS WILL -- WILL CONTINUE TO USE MCIS AND IAIS.  THE AMOUNT OF

                    MONEY THAT THEY WILL BE CHARGING THE TENANTS WILL BE SMALLER BECAUSE OF

                    THE AMORTIZATION RATE --

                                 MR. FITZPATRICK:  RIGHT.

                                 MR. CYMBROWITZ:  BUT I THINK THAT WILL HELP THE

                    TENANTS BE ABLE TO STAY THERE.

                                 MR. FITZPATRICK:  WELL, WE WILL SEE.  WE WILL

                    SEE.  I THINK, YOU KNOW -- WE'VE -- WE'VE DEPRESSED RENTS ARTIFICIALLY FOR

                    SUCH A LONG PERIOD OF TIME.  BUT ARE WE GOING TO SEE -- THEY'RE DEALING

                    WITH OLD HOUSING STOCK, THEY'RE DEALING WITH -- YOU KNOW, TRYING TO

                    IMPROVE AND MAINTAIN THEIR BUILDINGS AT VERY HIGH COSTS BECAUSE OF THE

                    AGE.  BUT WHAT -- WHAT ARE WE -- WHAT ARE WE DOING -- AS THE CITY OR THE

                    STATE, WHAT ARE WE GOING TO DO ABOUT MAYBE CONTAINING THE RATE OF

                    GROWTH OF PROPERTY TAXES FOR THESE PEOPLE?  YOU KNOW, THEY HAVE TO

                    THEIR WATER BILLS, THEY HAVE TO PAY THEIR ENERGY COSTS, FUEL -- FUEL

                    CHARGES, FUEL COSTS.  BUT ESPECIALLY PROPERTY TAXES.  WE HAVE A PROPERTY

                    TAX SYSTEM THAT DOESN'T REWARD PERMANENT RENTAL HOUSING.  WHAT ARE WE

                    GOING TO DO IN THOSE REGARDS AFTER WE PASS THIS LEGISLATION, STEVE?  HOW

                    ARE THESE COSTS GOING TO BE -- HOW -- WHAT ARE WE GOING TO DO TO HELP

                    THESE PEOPLE?  WE'VE MADE IT MORE AND MORE DIFFICULT FOR THEM TO

                    MAINTAIN THEIR BUILDINGS THROUGH THESE CHANGES.  HOWEVER, CITY

                    GOVERNMENT AND THE COST OF FUEL AND ELECTRICITY ARE GOING TO CONTINUE TO

                    RISE.  HOW ARE WE GOING TO HELP THEM MEET THOSE EXPENSES?

                                 MR. CYMBROWITZ:  THERE -- WELL, FIRST OF ALL,

                                         35



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THERE ARE -- IN THE CITY OF NEW YORK THERE ARE HP -- NEW YORK CITY

                    PROGRAMS FROM HPD THAT WILL HELP MANY OF THESE SMALL LANDLORDS IF

                    NECESSARY.  STATEWIDE, THERE'S A 2 PERCENT CAP ON PROPERTY TAX.  AND I

                    DO KNOW THAT THERE IS A -- A REVAMPING GOING ON, OR AT LEAST THEY'RE

                    GOING TO ANNOUNCE A PROPERTY TAX REVAMPING THAT WILL AFFECT THE ENTIRE

                    CITY.

                                 MR. FITZPATRICK:  OKAY.  VERY GOOD.  ALL RIGHT.

                    STEVE, THANK YOU VERY MUCH.  I JUST -- I JUST WANT TO COMPLIMENT YOU ON

                    YOUR PROFESSIONALISM AND YOUR LEADERSHIP WITH THE COMMITTEE.  THE

                    HEARINGS WERE VERY WELL DONE.  THE STAFF HAS, ON BOTH SIDES, WORKED

                    VERY HARD ON THIS.  THERE IS -- THERE IS A REAL -- A REAL NEED FOR SOME

                    CHANGE.

                                 AND, MR. SPEAKER, ON THE BILL.  THERE IS A NEED FOR

                    CHANGE HERE.  BUT I DO NOT BELIEVE -- WE DO NOT BELIEVE ON OUR SIDE OF

                    THE AISLE THAT THE EXTENT OF THESE CHANGES ARE GOING TO BE HELPFUL IN

                    ENCOURAGING DEVELOPMENT OF MORE AFFORDABLE HOUSING.  AND WE

                    DESPERATELY NEED MORE.  BY ALLOWING VACANCY DECONTROL, WE WERE

                    GETTING PEOPLE WHO -- AND ESPECIALLY THE HIGH-INCOME DECONTROL -- WE

                    WERE GETTING UNITS OUT OF THE SYSTEM AND MAKING THOSE PEOPLE PAY

                    MARKET RATE.  THE CURRENT SYSTEM INCENTIVIZES PEOPLE TO STAY.  THERE'S

                    NO MEANS TESTING FOR RENT REGULATION, AND PERHAPS THERE SHOULD BE.

                    BECAUSE A LOT OF PEOPLE WHO MAKE A SUBSTANTIAL INCOME ENJOY THE

                    BENEFITS OF RENT REGULATION AT THE EXPENSE OF PEOPLE WHO NEED IT MOST.

                    THERE ARE PEOPLE WHO HAVE BEEN -- BECOME HOMELESS BECAUSE THEY

                    COULDN'T FIND AN AFFORDABLE APARTMENT.  THERE ARE FAMILIES, LARGE

                                         36



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    FAMILIES, WHO NEED TWO- AND THREE-BEDROOM APARTMENTS WHO CAN'T GET

                    IT BECAUSE THERE ARE PEOPLE LIVING ALONE IN THESE PLACES, HAVE NO

                    INCENTIVE AND WILL NOT MOVE BECAUSE THE RENT IS JUST TOO ATTRACTIVE.

                    AND MAYBE THEY CAN AFFORD MORE, BUT IF THEY NEED A SMALLER PLACE,

                    THEY'RE NOT GOING TO MOVE.  SO WHAT WE ARE DOING HERE IS WE ARE GOING

                    TO CREATE AN ENVIRONMENT WHERE IT'S GOING TO BE INCREASINGLY DIFFICULT

                    FOR OWNERS TO KEEP AHEAD OF THEIR EXPENSES BECAUSE OF WHAT WE'RE

                    DOING WITH THE MCI AMORTIZATION, WHAT WE'RE DOING BY ELIMINATING THE

                    20 PERCENT VACANCY BONUS TO ALLOW THEM TO TRY AND CATCH UP BECAUSE

                    RENTS HAVE BEEN DEPRESSED FOR SO MANY YEARS.  BY DOING A -- A TOTAL FLIP

                    IN TERMS OF GIVING PEOPLE WHO ARE BEHIND ON THEIR RENT THE ABILITY TO

                    STAY LONGER THAN THEY SHOULD BE ABLE TO IS GOING TO ENCOURAGE OWNERS TO

                    KEEP UNITS VACANT RATHER THAN RENT THEM OUT TO PEOPLE WHO HAVE A

                    SPOTTY HISTORY.  THIS IS NOT GOING TO HELP PEOPLE WHO HAVE A GREAT NEED

                    EITHER.

                                 SO I JUST -- I JUST WANT TO -- YOU KNOW, WE'VE BEEN

                    DEALING THIS -- WITH THIS FOR SO MANY YEARS.  THERE'S A -- A GREAT QUOTE

                    FROM AN EDITORIAL FROM A NUMBER OF YEARS AGO -- WELL, ACTUALLY, IT'S A

                    CURRENT, THE BROOKINGS INSTITUTION.  MANY OF US KNOW THEM.  THEY'RE

                    CERTAINLY -- THEY ARE A LIBERAL-LEANING THINK TANK.  AND THEY HAD AN

                    INTERESTING ARTICLE, WHAT -- CALLED "WHAT DOES ECONOMIC EVIDENCE TELL

                    US ABOUT THE EFFECTS OF RENT CONTROL?"  AND IT HAS DATA FROM RENT

                    CONTROL LAWS IN CAMBRIDGE, MASSACHUSETTS AND SAN FRANCISCO,

                    CALIFORNIA.  TWO PLACES NOT KNOWN FOR CONSERVATIVE GOVERNANCE, TO SAY

                    THE LEAST.  AND IT SAYS, RENT CONTROL APPEARS TO HELP AFFORDABILITY IN THE

                                         37



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SHORT RUN FOR CURRENT TENANTS, BUT IN THE LONG RUN DECREASES

                    AFFORDABILITY, FUELS GENTRIFICATION, CREATES NEGATIVE EXTERNALITIES ON THE

                    SURROUNDING NEIGHBORHOOD.  THESE RESULTS HIGHLIGHT THAT FORCING

                    LANDLORDS TO PROVIDE INSURANCE TO TENANTS AGAINST RENTS INCREASES CAN

                    ULTIMATELY BE COUNTERPRODUCTIVE.  IF SOCIETY DESIRES TO PROVIDE SOCIAL

                    INSURANCE AGAINST RENT INCREASES, IT MAY BE LESS DISTORTIONARY TO OFFER

                    THIS SUBSIDY IN THE FORM OF A GOVERNMENT SUBSIDY OR A TAX CREDIT.

                    THAT'S THE WAY TO MOVE FORWARD HERE TO HELP PEOPLE.  LET THIS MARKET

                    HEAL.  ALLOW GOVERNMENT TO PROVIDE INCENTIVES OR SUBSIDIES TO PEOPLE

                    TO FIND THE HOUSING THEY NEED, AND LET THE MARKET DO WHAT IT DOES BEST.

                    BECAUSE ONLY A MARKET WILL OFFICIALLY ALLOCATE THAT CAPITAL.  AND WE

                    HAVE PEOPLE WHO ARE GETTING A BENEFIT THAT THEY DO NOT DESERVE, WHO

                    SHOULD BE PAYING A MARKET RENT OR A HIGHER RATE OF RENT, AT THE EXPENSE

                    OF PEOPLE WHO REALLY NEED THIS HOUSING.

                                 LADIES AND GENTLEMEN, I WOULD ENCOURAGE A NO VOTE

                    ON THIS LEGISLATION BECAUSE, AGAIN, THIS IS A SYSTEM -- WE'VE HAD A

                    TEMPORARY EMERGENCY FOR AFFORDABLE HOUSING IN THE CITY OF NEW YORK

                    SINCE WORLD WAR II, AND EVERY YEAR IT SEEMS TO GET WORSE.  IT'S THE

                    SYSTEM THAT'S CURRENTLY IN PLACE THAT HAS CREATED THE DISTORTIONS AND THE

                    PROBLEMS THAT PEOPLE HAVE IN FINDING AND KEEPING AFFORDABLE HOUSING.

                    AND IT'S CREATED A NIGHTMARE FOR PEOPLE WHO OWN THAT HOUSING, AND IT'S

                    MAKING IT MORE DIFFICULT FOR THEM TO MAINTAIN THAT HOUSING, TO PROVIDE

                    A SAFE PLACE TO LIVE FOR THE PEOPLE THEY CALL THEIR TENANTS.  WHAT WE ARE

                    GOING TO DO TODAY IS GOING TO MAKE THAT SYSTEM IN THE -- IN AN EFFORT TO

                    BE MORE PRO-TENANT AND TO HELP TENANTS, WE ARE GOING TO MAKE THIS

                                         38



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SYSTEM MORE COMPLEX, MORE PROBLEMATIC AND MAKE IT MORE DIFFICULT FOR

                    PEOPLE TO HAVE, FIND AND BUILD AFFORDABLE HOUSING.

                                 SO I ENCOURAGE A NO VOTE, AND THANK YOU FOR YOUR

                    TIME.  AND, MR. CHAIRMAN, THANK YOU.  YOU'RE A PLEASURE TO WORK WITH,

                    YOU'RE A GOOD FRIEND.  AND I LOOK FORWARD TO FUTURE DEBATES AS WE TRY TO

                    RECTIFY THE PROBLEMS THAT WE ARE CREATING HERE TODAY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. BRAUNSTEIN.

                                 MR. BRAUNSTEIN:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. BRAUNSTEIN:  FIRST, STEVE, LET ME THANK YOU

                    FOR -- FOR ALL THE WORK THAT YOU'VE DONE OVER THE LAST SEVERAL MONTHS TO

                    GET US TO THIS POINT.  ONE QUESTION I'VE BEEN ASKING THAT I HAVEN'T GOTTEN

                    AN ANSWER FOR, AND -- AND PERHAPS YOU KNOW THE ANSWER, IS, DO WE HAVE

                    ANY IDEA OF WHAT KIND OF IMPACT THIS LEGISLATION IS GOING TO HAVE FOR THE

                    CITY'S PROPERTY TAX REVENUE?

                                 MR. CYMBROWITZ:  WELL, I -- I -- I THINK THE -- THE

                    CITY IS NOW -- WILL -- WILL CONTINUE TO LOOK AS THEY REVAMP THE PROPERTY

                    TAX STRUCTURE.  SO --

                                 MR. BRAUNSTEIN:  NOW, WHEN YOU SAY REVAMP

                    THE PROPERTY TAX STRUCTURE, THE CITY HAS YET TO GIVE US A DATE WHEN THEIR

                    PROPERTY TAX COMMISSION IS GOING TO COME BACK WITH

                                         39



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RECOMMENDATIONS, WHICH WE'LL HAVE TO PASS UP HERE, WHICH WILL BE

                    POLITICALLY DIFFICULT.  IT'S CONCEIVABLE THAT IT'LL TAKE SEVERAL YEARS FOR US

                    TO GET A -- A TRUE PROPERTY TAX REFORM.  BUT IN THE INTERIM, IF WE DO PASS

                    THIS LEGISLATION IT'S ESTIMATED IT COULD COST HUNDREDS OF MILLIONS TO OVER

                    A BILLION, UP TO $2 BILLION TO THE CITY'S PROPERTY TAX REVENUE.  AND I'VE

                    BEEN ASKING THE CITY, I'VE BEEN ASKING THE DEPARTMENT OF FINANCE.  I

                    HAVE YET TO GET AN ANSWER FROM ANYBODY OF WHAT IMPACT THIS IS GOING TO

                    HAVE ON THE CITY'S PROPERTY TAX.  AND THIS IS SOMETHING WE SHOULD BE

                    AWARE OF.

                                 MR. CYMBROWITZ:  WELL, I -- I -- I THINK WE'RE

                    STILL -- IT'S HARD TO ESTIMATE IT, THAT'S WHY YOU'RE NOT GETTING -- YOU -- YOU

                    HAVEN'T BEEN GETTING AN ANSWER IS BECAUSE IT'S VERY DIFFICULT TO ESTIMATE

                    WHAT EFFECT PROPERTY TAX CHANGES WILL HAVE.  THE RENT ROLLS, THOUGH,

                    WILL -- WILL INCREASE.  I MEAN, WE'RE NOT SAYING THAT.  SO WITH RENT ROLLS

                    INCREASING, PROPERTY TAXES WILL BE AFFECTED LESS.

                                 MR. BRAUNSTEIN:  I -- I MEAN, EVEN IF WE HAD A

                    BALLPARK.  I MEAN, I TRY TO INTRODUCE LEGISLATION, WE ALL DO IN THIS HOUSE

                    ALL THE TIME, AND THE CITY COMES BACK COMPLAINING THAT IT COULD COST,

                    YOU KNOW, A MILLION DOLLARS AND THEN THEY PUSH BACK.  AND NOW WE

                    HAVE SOMETHING THAT COULD POTENTIALLY COST OVER A BILLION DOLLARS, AND

                    WE HAVE NO ES -- NOT EVEN A BALLPARK ABOUT HOW MUCH IT'S GOING TO

                    COST.

                                 LOOK, I'M VOTING IN FAVOR OF THIS LEGISLATION.  BUT THIS

                    IS SOMETHING THAT'S BEEN FRUSTRATING ME.  I'VE BEEN ASKING TO GET AN

                    ANSWER, AND DEPARTMENT OF FINANCE -- I HAD A MEETING WITH THE

                                         40



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    DEPARTMENT OF FINANCE AND THEY HAD NOT EVEN AN IDEA THAT THIS COULD

                    BE AN ISSUE.

                                 ON -- ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    BRAUNSTEIN.

                                 MR. BRAUNSTEIN:  SO, THE REASON I BRING THIS UP IS

                    BECAUSE IN THE DISTRICT I REPRESENT, I REPRESENT OTHER CLASS 2 PROPERTY

                    OWNERS, CO-OP AND CONDO OWNERS, AND THEY PAY THE HIGHEST EFFECTIVE

                    PROPERTY TAX RATES IN THE CITY OF NEW YORK.  AND THESE ARE MIDDLE-

                    CLASS FAMILIES, THESE ARE YOUNG FAMILIES JUST STARTING OUT, THESE ARE

                    SENIORS ON FIXED INCOME WHO LIVE IN THESE CO-OPS.  AND YEAR AFTER YEAR,

                    THESE PROPERTY TAXES ARE CAUSING THEIR MAINTENANCE COSTS TO CONTINUE TO

                    ESCALATE AT -- AT AN EXPONENTIAL RATE.  AND PEOPLE ARE FORCED WITH TRYING

                    TO FIGURE OUT HOW THEY'RE GOING TO PAY THESE ES -- ESCALATING PROPERTY

                    TAXES.  AND MY CONCERN IS THAT, YES, HERE WE ARE PROTECTING TENANTS, BUT

                    THERE'S A POSSIBILITY THAT WE'LL HAVE A SEVERE IMPACT ON THE CITY'S

                    PROPERTY TAX REVENUE, AND I'M CONCERNED OF WHO'S GOING TO PICK UP THAT

                    COST.  THIS IS ALL CLASS 2 PROPERTIES, AND MY -- THE -- THE CONSTITUENTS I

                    REPRESENT, I'M CONCERNED THAT THIS COST IS GOING TO BE SHIFTED TO THEM IN

                    THE FORM OF INCREASED ASSESSMENTS.  I'VE INTRODUCED LEGISLATION HERE IN

                    THIS HOUSE FOR YEARS TO PUT A CAP ON PROPERTY TAX ASSESSMENTS FOR CO-OP

                    AND CONDO OWNERS, LIKE WE HAVE FOR SINGLE-FAMILY HOMEOWNERS IN THE

                    CITY OF NEW YORK.  IN THE CITY OF NEW YORK, IF YOU OWN A SINGLE-

                    FAMILY HOME, YOUR PROPERTY TAX ASSESSMENT CAN ONLY GO UP 6 PERCENT A

                    YEAR OR 20 PERCENT OVER FIVE YEARS, WHICH IS ESSENTIALLY A 4 PERCENT

                                         41



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    INCREASE.  IN -- FOR CO-OP AND CONDO OWNERS, THERE'S NO ASSESSMENT CAP.

                    I JUST RE -- RE -- HEARD FROM -- THAT A CO-OP IN MY DISTRICT RECEIVED AN

                    ASSESSMENT FROM LAST YEAR TO THIS YEAR THAT WAS AN INCREASE OF 50

                    PERCENT.  FIFTY PERCENT ASSESSMENT INCREASE.  SO, THE CITY OF NEW YORK,

                    THEY -- WHAT THEY DO IS, THEY DON'T RAISE TAXES, THEY DON'T RAISE THE RATE,

                    BUT IN ORDER TO GET THE PROPERTY TAX REVENUE THEY NEED TO CONTINUE THEIR

                    SPENDING, THEY MANIPULATE THE ASSESSMENTS.  AND IF WE'RE GOING TO PASS

                    LEGISLATION HERE TODAY THAT'S GOING TO REDUCE THE PROPERTY TAX REVENUE TO

                    THE CITY OF NEW YORK IN THE TUNE OF, LET'S SAY, A BILLION DOLLARS,

                    SOMEBODY IS GOING TO BE PAYING FOR THAT, AND I'M VERY CONCERNED THAT

                    IT'S GOING TO BE SHIFTED TO THOSE MIDDLE-CLASS FAMILIES THAT I REPRESENT

                    WHO ARE STRUGGLING TO PAY THEIR MAINTENANCE.

                                 NOW, WE'VE SEEN THE MAYOR OF THE CITY OF NEW YORK,

                    WE'VE SEEN THE CITY COMPTROLLER OF THE CITY OF NEW YORK, WE'VE SEEN

                    THE COUNCIL SPEAKER OF THE CITY OF NEW YORK RALLYING TO HAVE THESE

                    RENT PROTECTIONS PUT IN.  AND I AGREE.  I THINK IT'S IMPORTANT, AND I THINK

                    WE NEED TO PROTECT TENANTS.  BUT WE SHOULD NOT BE DOING THAT, AND AT THE

                    SAME TIME JUST SHIFTING A PROPERTY TAX BURDEN TO ANOTHER CLASS THAT JUST

                    HAPPENS TO OWN THEIR HOMES BUT ARE IN THE SAME ECONOMIC SITUATION.

                    SO, I'M BRINGING THIS TO LIGHT BECAUSE I STILL HAVEN'T GOTTEN AN ANSWER,

                    WHICH I THINK IS AN IMPORTANT QUESTION, OF HOW MUCH PROPERTY TAX

                    REVENUE IS THIS GOING TO COST.  AND I JUST WANT TO MAKE IT A POINT THAT

                    I'M WATCHING, SOME OF MY COLLEAGUES ARE WATCHING.  AND IF THE CITY

                    CANNOT GET A HANDLE ON THIS AND THEY DECIDE THAT THEY'RE JUST GOING TO

                    MANIPULATE THE ASSESSMENTS AGAIN AND PUT THIS COST ON -- ON OTHER

                                         42



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONSTITUENTS, MAYBE THEN WE HAVE TO COME BACK AND FINALLY PASS MY

                    LEGISLATION TO PUT IN PLACE CAPS LIKE SINGLE-FAMILY HOMEOWNERS HAVE,

                    FOR CO-OP AND CONDO OWNERS IN THE CITY OF NEW YORK.  WE AWAIT THE

                    PROPERTY TAX COMMISSION'S RECOMMENDATIONS.  WE ALL KNOW IT'S GOING

                    TO BE VERY DIFFICULT TO PASS, BUT IN THE MEANTIME, FOR THE NEXT COUPLE OF

                    YEARS, IT -- IT WOULD BE A SERIOUS, SERIOUS PROBLEM IF WE CONTINUE TO SEE

                    THESE ESCALATING PROPERTY TAXES FOR PEOPLE WHO JUST HAPPEN TO OWN

                    THEIR HOMES, THE CO-OPS, SMALL APARTMENTS, AND DON'T RENT.  SO I JUST

                    WANTED TO BRING THAT TO EVERYBODY'S ATTENTION THAT THERE ARE

                    CONSEQUENCES TO THIS LEGISLATION THAT WE NEED TO BE KEEPING AN EYE ON.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SCHMITT.

                                 MR. SCHMITT:  THANK YOU, MR. SPEAKER.  WOULD

                    THE CHAIRMAN YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  HE YIELDS

                                 MR. SCHMITT:  THANK YOU, MR. CHAIRMAN.  AS WAS

                    ALREADY ESTABLISHED BY -- BY OUR COLLEAGUES' QUESTIONING, THE VACANCY

                    RATE CONTINUES TO -- TO BE WITHIN THE THRESHOLD TO BE CONSIDERED A

                    TEMPORARY HOUSING EMERGENCY, AND ONE THAT'S EXISTED SINCE THE EARLY

                    1940S.  BUT SINCE THAT TIME, THERE'S BEEN EITHER EXPIRATION OR SUNSET

                    PROVISIONS EVERY TIME THIS LEGISLATION HAS COME UP.  IT HAS ALLOWED FOR

                                         43



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THERE TO BE A REEVALUATION, THEY'RE ALLOWED TO BE A -- AMENDMENTS AND

                    ADJUSTMENTS AS NECESSARY FOR DECADES AND DECADES AND DECADES.  NOW,

                    MY UNDERSTANDING, THIS LEGISLATION WILL MAKE ALL CHANGES WE'RE VOTING

                    ON TODAY PERMANENT, WITH NO SUNSET OR EXPIRATION PROVISION.  CAN YOU

                    REALLY EXPLAIN THE REASONING BEHIND THE CHANGE TO A PERMANENT PASSAGE

                    HERE TODAY?  AND, YOU KNOW, IS THIS REALLY A -- A POINT OF SURRENDER

                    SAYING THAT WE WILL NEVER FULLY ACHIEVE THE GOAL OF ENDING THE

                    TEMPORARY HOUSING EMERGENCY IN THE CITY AND ACROSS THE STATE NOW?

                                 MR. CYMBROWITZ:  THE EMERGENCY ITSELF IS NOT

                    PERMANENT.  THAT CONTINUES TO BE DETERMINED, SAY, IN THE CITY OF NEW

                    YORK EVERY THREE YEARS WHEN -- WHEN A VACANCY SURVEY IS DONE.  WHAT

                    WE HAVE MADE PERMANENT ARE THE -- ARE THE GUIDELINES THAT THOSE THAT

                    ARE UNDER RENT STABILIZATION WILL FOLLOW.

                                 MR. SCHMITT:  NOW, I -- I UNDERSTAND THAT

                    RESPONSE, BUT IN 1943, 50'S, 60'S, 70'S UP UNTIL TODAY, THERE'S OBVIOUSLY

                    BEEN A NEED FOR A CHANGE IN THOSE GUIDELINES.  WE'RE NOW SAYING THERE

                    WILL NEVER NEED TO BE A CHANGE IN THE GUIDELINES GOING FORWARD.  SO,

                    WHAT -- WHAT IS THE PURPOSE OF THAT?  I'M ASSUMING IN FIVE, 10, 15 YEARS

                    THERE VERY LIKELY WILL BE DIFFERENT SCENARIOS WE NEED TO GO BY.

                                 MR. CYMBROWITZ:  WE -- WE HAVE BEEN ABLE TO

                    CHANGE -- IT DOESN'T MEAN THAT THE MCIS, THE IAIS, THOSE HAVE CHANGED.

                    AND WE WILL SEE BASED ON THE COMMISSION THAT IS GOING TO COME OUT

                    FROM HCR IN 2022 HOW THEY'VE -- HOW THEY'VE SUCCEEDED.  OR NOT.

                    BUT THE -- WHAT HAS OCCURRED AFTER WORLD WAR II WHERE MOST OF THOSE

                    THAT -- UNITS THAT WERE BUILT UNDER -- BEFORE 1947 WENT UNDER RENT

                                         44



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONTROL, AND THOSE THAT WERE BUILT BEFORE 1974 WERE --

                                 MR. SCHMITT:  I'M SORRY, I CAN'T REALLY HEAR YOU.

                                 MR. CYMBROWITZ:  -- ARE UNDER RENT STABILIZATION.

                                 MR. SCHMITT:  MR. SPEAKER, IT'S PRETTY LOUD IN HERE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MEMBERS,

                    WE ARE ON DEBATE.  CONTINUE, PLEASE.  CONVERSATIONS OUT OF THE ROOM.

                    YOU NEED TO CONSULT WITH STAFF, TAKE IT OUT OF THE ROOM.  MEMBERS WILL

                    HAVE THEIR SEATS.

                                 DO YOU NEED TO HEAR THE QUESTION AGAIN, OR --

                                 MR. CYMBROWITZ:  NO, NO, NO.  I'M FINE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. CYMBROWITZ:  NO, NO, WHAT -- WHAT I WAS

                    EXPLAINING WAS THAT THOSE UNITS BUILT BEFORE 1947 ARE UNDER RENT

                    CONTROL, AND WE'VE MADE CHANGES TO THAT AS WELL IN THIS BILL.  RENT

                    STABILIZATION OF THOSE UNITS THAT ARE BUILT BEFORE 1974.  AND HCR WILL

                    CONTINUE TO HAVE JURISDICTION OVER BOTH.

                                 MR. SCHMITT:  THANK YOU, CHAIRMAN.  IT'S ALSO

                    ALREADY BEEN ESTABLISHED THAT WE'LL BE ELIMINATING THE DECONTROL OF

                    LUXURY APARTMENTS AND HIGH-RENT, HIGH-INCOME APARTMENTS.  I -- I WANT

                    TO BRING YOUR ATTENTION TO A WALL STREET JOURNAL ANALYSIS THAT WAS

                    PUBLISHED YESTERDAY REGARDING THESE RENT REGULATIONS.  THE ARTICLE

                    QUOTES THE CITIZENS BUDGET COMMISSION AS STATING, MANY OF THE

                    PROPOSED CHANGES WILL FURTHER BENEFIT UPPER-INCOME RENTERS WITHOUT

                    PROVIDING RELIEF TO LOWER-INCOME HOUSEHOLDS, MOST LIKELY TO BE RENT

                                         45



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BURDENED.  THERE ARE AN ESTIMATED 28,000 HOUSEHOLDS EARNING MORE

                    THAN $200,000 RECEIVING RENT PROTECTIONS.  IT -- IT REALLY SEEMS HERE THAT

                    WE'RE MAKING IT EASIER FOR MORE AFFLUENT NEW YORKERS TO STAY IN

                    RENT-REGULATED APARTMENTS, AND NOT FOCUSING COMPLETELY OUR EFFORTS ON

                    THOSE WHO NEED IT MOST, LOW-INCOME RENTERS.

                                 MR. CYMBROWITZ:  I THINK THOSE -- YOU KNOW,

                    YOU TALK ABOUT THOSE THAT ARE MAKING MORE THAN $200,000.  I THINK IT'S

                    REALLY IMPORTANT THEY NEED PROTECTIONS AS WELL.

                                 MR. SCHMITT:  CHAIRMAN, I'M NOT SAYING THAT EVERY

                    OWNER OF PROPERTY OR RENTER OF PROPERTY DOESN'T DESERVE PROTECTION, BUT

                    THE -- IT SEEMS THE AIMS OF RENT-REGULATED PROTECTIONS IS TO PROTECT THOSE

                    IN LOWER-INCOME HOUSEHOLDS WHO MIGHT HAVE LESS ABILITY TO AFFORD

                    SUITABLE HOUSING CONDITIONS.  SHOULDN'T WE SOLELY BE FOCUSING ON -- ON

                    THEM?

                                 MR. CYMBROWITZ:  I DON'T THINK WE SHOULD BE

                    FOCUSING SOLELY ON THEM.  I THINK WHAT WE SHOULD BE DOING IS PROVIDING

                    MORE DOLLARS, CITY, STATE AND FEDERAL FUNDS TOWARD DIFFERENT TYPES --

                    TOWARDS MORE AFFORDABLE HOUSING.  EVEN TO MITCHELL-LAMA HOUSING.

                    MAYBE WE NEED TO COME UP WITH A NEW METHOD OF --OF FUNDING THOSE

                    TYPES OF -- OF UNITS SO THAT WE COVER EVERYONE.

                                 MR. SCHMITT:  NOW, DURING THE HEARINGS AND THIS,

                    REALLY, I GUESS, SESSION-LONG DEBATE THAT WE'VE BEEN HAVING TO BRING US

                    HERE TO THIS POINT ON -- ON FRI -- ON THIS WONDERFUL FRIDAY, A LARGE

                    DISCUSSION REVOLVED AROUND MCIS, MAJOR CAPITAL IMPROVEMENTS, AND I

                    KNOW THE FIRST PROPOSALS THAT WERE PUT OUT THERE WERE TO COMPLETELY

                                         46



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ELIMINATE THEM.  OBVIOUSLY, THAT'S NOT THE CASE HERE, AND WE'VE GOTTEN

                    TO THE 2 PERCENT NUMBER.  IT'S BEEN ARRIVED AT.  CAN YOU EXPLAIN AGAIN

                    WHAT IS THE METHODOLOGY BEHIND COMING TO 2 PERCENT, AND IS THERE

                    ANYTHING WITHIN THIS LEGISLATION THAT WOULD INDEX THAT TO INFLATION THAT

                    WOULD ALLOW IT TO CHANGE WITHOUT FURTHER LEGISLATIVE ACTION?

                                 MR. CYMBROWITZ:  WE, AS A CONFERENCE, FELT THAT

                    THE NO MCI WAS NOT GOING TO BENEFIT THE -- THE HOUSING IN NEW YORK --

                    IN NEW YORK CITY AS WELL AS NEW YORK STATE.  WE NEEDED TO FIND A

                    NUMBER THAT WOULD -- THAT WOULD HELP TENANTS THROUGHOUT THE STATE, AND

                    AT THE SAME TIME WOULD ALLOW LANDLORDS TO CONTINUE TO MAKE MCIS,

                    IAIS.  CHANGING THE AMORTIZATION RATE, BUT AT THE SAME TIME USING THE 2

                    PERCENT CAP SO THAT TENANTS WOULD HAVE LESS OF A BURDEN THAN THE 6

                    PERCENT.

                                 MR. SCHMITT:  NOW, IF I'M READING THE BILL

                    CORRECTLY, IT RETROACTIVELY GOES BACK TO 2012 WITH THE 2 PERCENT LIMIT IN

                    THIS LEGISLATION AS WELL.  IS THAT CORRECT?

                                 MR. CYMBROWITZ:  IF -- IF A TENANT IS LIVING IN THE

                    UNIT AND THERE WAS AN MCI THAT THEY RECEIVED BEFORE 2000.... 2007,

                    THEN WHAT WOULD HAPPEN IS GOING FORWARD FROM THE DAY THIS BILL --

                    GOING -- GOING FORWARD, THIS BILL -- WHEN THE BILL IS SIGNED, THAT -- THAT 6

                    PERCENT WOULD THEN CHANGE TO 2 PERCENT.

                                 MR. SCHMITT:  NOW, THIS SEEMS A LITTLE PUNITIVE.

                    WHEN DO YOU -- WHAT ARE OWNERS EXPECTED TO DO WITH POTENTIALLY SEVEN

                    YEARS OF MCIS THAT POTENTIALLY AND LIKELY EXCEED 2 PERCENT, NOW HAVING

                    TO RETROACTIVELY BE DECREASED?

                                         47



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  WELL, THEY DON'T HAVE TO --

                    THERE'S -- THERE'S NO CREDIT THAT HAS TO BE GIVEN TO THE TENANT.  THE -- THE

                    NUMBER THAT THEY ARE GOING TO CHARGE IS NOW CAPPED AT 2 PERCENT.

                                 MR. SCHMITT:  SO, I UNDERSTAND THEY DON'T HAVE TO

                    RETROACTIVELY PAY THEM BACK, BUT NOW THEY'VE ALREADY EXPENDED A

                    CERTAIN AMOUNT OF MONEY.  POSSIBLY, AND IN MANY CASES, FOR SMALLER

                    LANDLORDS HAVE FINANCED THAT AND WE KNOW THE FINANCE CHARGES COULD

                    NOT BE INCLUDED IN ANY OF THESE CALCULATIONS, SO WE'RE BASICALLY LEAVING,

                    YOU KNOW, MANY TIMES, THESE SMALLER OWNERS HOLDING THIS DEBT THEY'LL

                    NEVER BE ABLE TO FIGURE OUT UNDER OUR PREVIOUS SYSTEM, THEY HAD

                    EXPECTED TO BE ABLE TO HANDLE THEIR EXPENSES BY.

                                 MR. CYMBROWITZ:  WELL, THEY WILL CONTINUE TO BE

                    REIMBURSED, BUT AT A DIFFERENT RATE.

                                 MR. SCHMITT:  AT -- AT A RATE POTENTIALLY 4 PERCENT

                    LOWER THAN WHAT THEY EXPECTED FOR -- FOR THE LAST X AMOUNT OF YEARS.

                                 MR. CYMBROWITZ:  YES, BUT FOR 30 YEARS.

                                 MR. SCHMITT:  OKAY.  SO -- AND -- I KNOW YOU

                    MENTIONED THERE IS GOING TO BE SOME FUNDING REGARDING DHCR AND

                    SOME LANGUAGE ABOUT REQUIREMENTS TO REVIEW 25 PERCENT OF ALL

                    APPLICATIONS, INCLUDING WITH INDIVIDUAL INSPECTIONS AND DOCUMENT

                    REVIEW.  ARE YOU ABLE TO TELL US HOW MUCH IN ADDITIONAL FUNDING IS

                    GOING TO BE ALLOCATED TO DHCR TO ACCOMPLISH THIS?

                                 MR. CYMBROWITZ:  WELL, WHAT WE'VE DONE IS

                    WE'VE INCREASED THE REGISTRATION FEE FROM -- FROM $10 A UNIT TO $20 A

                    UNIT, AND ALL THAT MONEY FOR ALL THE UNITS WILL BE GOING TO HCR TO BE

                                         48



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    USED FOR -- FOR ENFORCEMENT AND FOR TPU.

                                 MR. SCHMITT:  SO IS -- IS THERE AN ESTIMATED DOLLAR

                    AMOUNT THAT THAT WILL COLLECT?  THAT INCREASE WILL TURN INTO?

                                 MR. CYMBROWITZ:  I -- I THINK WE WERE TALK -- WE

                    WERE -- WE WERE LOOKING AT, YOU KNOW, SEVERAL MILLION DOLLARS EACH

                    YEAR OF ADDITIONAL FUNDS.  AND IF YOU -- IF YOU RECALL IN OUR LAST BUDGET,

                    NOT ONLY DID WE PUT MONEY INTO THE BUDGET FOR 94 ADDITIONAL FULL-TIME

                    EMPLOYEES AT HCR, BUT WE PUT IN $8 MILLION FOR THEM TO UPGRADE THEIR

                    SYSTEM, THEIR -- THEIR COMPUTER SYSTEM, SO THAT THEY CAN BE -- SO THAT

                    THERE COULD BE MORE ENFORCEMENT AND MORE EFFICIENT.  AND I THINK THAT

                    BY SETTING UP THE PORTAL THAT IS PART OF THIS LEGISLATION WHERE ALL

                    LANDLORDS WILL BE ABLE TO UPLOAD ALL DOCUMENTS IN WHICH THERE -- IF THEY

                    ARE GOING TO BE USING -- GOING TO BE DOING IAIS IN UNITS.  THAT WILL SAVE

                    A LOT OF MONEY.

                                 MR. SCHMITT:  SO NOW WITH THE CHANGES IN THIS

                    LEGISLATION -- WITH THE INCREASES THAT THEY'RE RECEIVING IN FUNDING IN THIS

                    LEGISLATION AS WELL AS WHAT YOU JUST MENTIONED IN THE BUDGET, DO YOU

                    BELIEVE THAT THEY WILL BE FULLY SATISFIED WITH THEIR STAFFING LEVELS AND

                    FUNDING LEVELS, OR IS THERE GOING TO BE A POTENTIAL IN THE NEXT BUDGET

                    YEAR OR IN OTHER LEGISLATION WHERE WE'RE GOING TO HAVE TO ALLOCATE THEM

                    ADDITIONAL STAFFING AND OTHER FINANCIAL RESOURCES?

                                 MR. CYMBROWITZ:  FULLY SATISFIED?  I DON'T THINK

                    ANYONE IS FULLY SATISFIED.

                                 MR. SCHMITT:  NOT IN GOVERNMENT, CORRECT?  GOING

                    -- GOING BACK I -- I KNOW YOU MENTIONED IAIS IN -- IN YOUR PREVIOUS

                                         49



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ANSWER WHEN WE WERE TALKING ABOUT MCIS.  AND ALSO WITH -- WITH THE

                    RANKING MEMBER DISCUSSED THE $15,000 LIMIT OVER 15 YEARS.  YOU

                    KNOW, MY RESEARCH AND MY UNDERSTANDING IS THAT AN AVERAGE ONE-

                    BEDROOM APARTMENT CAN EASILY RUN IN THE RANGE OF $25,000 IN IAI

                    IMPROVEMENTS.  IF AN APARTMENT THAT HAS BEEN OCCUPIED FOR 20 YEARS OR

                    LONGER BECOMES VACANT, THERE HAVE BEEN -- THE AVERAGE CHARGES CAN

                    EASILY HIT $60- TO THE $80,000 RANGE FOR A FULL RENOVATION AND REPAIR.  I

                    -- I REALLY BELIEVE THIS CAP ON IAIS HAS THE ABILITY TO REALLY COMPROMISE

                    THE LIVING CONDITIONS THAT WE -- WE SHOULD BE GUARANTEEING TENANTS ARE

                    -- ARE LIVING IN.  SO, OFF -- OFF THE BAT, I THINK WE'RE ALREADY AT A DEFICIT

                    OF, YOU KNOW, ENSURING THE LIVING CONDITIONS THAT ALL TENANTS SHOULD BE

                    ENTITLED TO.  BUT MORE IMPORTANTLY, $15,000 TODAY WAS NOT WHAT

                    $15,000 TEN YEARS AGO EQUALED OUT TO, AND IT'S CERTAINLY NOT WHAT WILL

                    BE HAPPENING IN THE FUTURE.  AND AS WHAT WE'VE ALREADY DESCRIBED --

                    DISCUSSED EARLIER AND YOU DESCRIBED THAT THESE ARE -- ARE PERMANENT,

                    THIS ENTIRE LEGISLATION IS PERMANENT, IS THERE ANY FORMULA OR -- OR ANY

                    TYPE OF ADJUSTMENT ALLOWED IN THIS GOING FORWARD TO ACCOUNT FOR

                    ECONOMIC FACTORS OUTSIDE OF OUR UNDERSTANDING OF RENT CONTROL RIGHT

                    NOW FOR IAIS TO GO UP, OR IS IT ALSO GOING TO NEED FURTHER LEGISLATIVE

                    ACTION IF THERE BECOME -- IF, IN MY OPINION, WHEN THERE'S AN OUTCRY

                    BECAUSE CONDITIONS HAVE DETERIORATED?

                                 MR. CYMBROWITZ:  THE $15,000 IS THE MEDIAN

                    AMOUNT OF -- OF --  OF MONEY THAT IS SPENT ON IAIS.  AND THAT'S WHERE

                    WE GOT THAT NUMBER FROM.  IF -- I MEAN, THE -- THE APARTMENTS YOU'RE

                    DESCRIBING, THOSE RENOVATIONS ARE QUITE HIGH.  BUT IF -- IF YOU'RE

                                         50



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SPENDING $15- -- YOU KNOW, IF YOU'RE SPENDING MORE, YOU GET -- YOU

                    STILL ONLY GET $15,000 BACK.  BUT HCR IS RESPONSIBLE, AND THEY WILL

                    COME BACK TO US IN THAT COMMISSION IN 2022 WHEN THEY SHOW WHETHER

                    -- MAYBE THE $15,000 DOESN'T WORK AND THEY WILL RECOMMEND THAT THAT

                    NUMBER SHOULD BE EITHER LOWERED OR RAISED.

                                 MR. SCHMITT:  SO, SAY BEFORE THAT TIMEFRAME WE --

                    WE SEE AN OUTCRY FROM TENANTS AND -- AND -- THERE -- THERE'S REAL TROUBLE,

                    ARE YOU OPEN TO -- EVEN THOUGH WE'VE MADE THESE CHANGES PERMANENT

                    AND EVEN THOUGH IT MIGHT BE A YEAR OR TWO YEARS OUT FROM THAT

                    RECOMMENDATION FROM -- FROM THEM, WOULD YOU BE OPEN TO, IN THAT

                    SCENARIO, REEVALUATING THIS IF NEED BE?

                                 MR. CYMBROWITZ:  I THINK THAT WE WOULD -- I

                    THINK 2022 IS A -- IS A GOOD ENOUGH PERIOD OF TIME FOR US TO GET A VERY

                    GOOD LOOK AT WHAT THOSE -- OR HOW THOSE NUMBERS WORK.

                                 MR. SCHMITT:  WE WILL SEE.  WE WILL SEE.  THE --

                    GOING TO THE CHANGES ON THE EVICTION PROCEEDINGS, INCLUDING A

                    PROVISION TO ALLOW JUDGES TO ISSUE A STAY OF EVICTION FOR UP TO ONE YEAR

                    WHERE THE TENANT CANNOT FIND SUITABLE HOUSING IN THE SAME

                    NEIGHBORHOOD OR WHERE THE EVICTION WOULD CAUSE EXTREME HARDSHIP,

                    CAN YOU PLEASE EXPLAIN TO ME WHAT WOULD BE CONSIDERED THE SAME

                    NEIGHBORHOOD?  WHAT -- WHAT ARE THE PARAMETERS THIS LEGISLATION

                    CONSIDERS?

                                 MR. CYMBROWITZ:  WELL, I THINK WHEN WE'RE

                    TALKING ABOUT THE SAME NEIGHBORHOOD, WE WERE TALKING ABOUT WHEN A

                    FAMILY HAS TO LEAVE AN APARTMENT THAT HAS CHILDREN, WE DID NOT WANT TO

                                         51



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HAVE THOSE CHILDREN TO HAVE TO LEAVE TO GO TO A DIFFERENT SCHOOL DISTRICT,

                    OR WE'RE ALLOWING SOMEONE WHO MIGHT BE RECEIVING CHEMOTHERAPY,

                    GOING FOR TREATMENT.  WE WANT THEM TO BE ABLE TO STAY SO THEY CAN

                    CONTINUE WHATEVER LIFE EXPERIENCES THEY MIGHT BE GOING THROUGH.  AND

                    IT'S GIVING THE JUDGE DISCRETION TO MAKE THOSE DECISIONS.

                                 MR. SCHMITT:  WILL -- WILL IT BE THE JUDGE, WILL IT

                    BE DHCR WHO IS TASKED WITH COMING UP WITH WHAT CONSTITUTES AN

                    EXTREME HARDSHIP?  WILL THERE BE A STANDARD LIST?

                                 MR. CYMBROWITZ:  IT'S -- IT'S THE COURT.

                                 ACTING SPEAKER AUBRY:  MR. SCHMITT, YOU

                    HAVE --

                                 MR. SCHMITT:  THANK YOU, MR. CHAIRMAN.

                                 ACTING SPEAKER AUBRY:  -- USED YOUR -- YOUR

                    TIME.  THANK YOU.

                                 MR. RAIA.

                                 MR. RAIA:  THANK YOU, MR. SPEAKER.  WILL THE

                    CHAIRMAN -- SORRY, I KNOW YOU JUST SAT DOWN -- BUT WILL THE CHAIRMAN

                    YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU --

                                 MR. CYMBROWITZ:  OF COURSE.

                                 ACTING SPEAKER AUBRY:  YIELD?

                                 MR. RAIA:  I PROMISE I'M NOT USING 15 MINUTES.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ

                    YIELDS.

                                 MR. RAIA:  THANK YOU, CHAIRMAN.  I'VE BEEN ON THE

                                         52



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HOUSING COMMITTEE FOR 17 YEARS, AND, YOU KNOW, I KNOW A LITTLE BIT

                    ABOUT IT.  BUT IT'S NEVER BEEN A CONCERN FOR MY CONSTITUENTS.  NOW THAT'S

                    -- I GUESS THERE'S A POTENTIAL FOR ALL OF THE STATE TO MOVE IN THIS

                    DIRECTION, CORRECT?

                                 MR. CYMBROWITZ:  IF -- IF COMMUNITIES OPT IN,

                    YES.

                                 MR. RAIA:  NOW, CAN WE TALK ABOUT HOW THE

                    COMMUNITY OPTS IN?  BECAUSE I'M GETTING POUNDED WITH PHONE CALLS

                    FROM PEOPLE THAT I GUESS PICKED UP THE NEWSPAPER AND JUST REALIZED THAT

                    THIS IS -- POTENTIALLY COULD AFFECT THEM.  SO WHAT IS IT, 5 PERCENT?

                                 MR. CYMBROWITZ:  BELOW 5 PERCENT, YES.

                                 MR. RAIA:  SO, HOW IS THAT NUMBER DETERMINED?

                                 MR. CYMBROWITZ:  THE MUNICIPALITY HIRES

                    SOMEBODY TO DO A SURVEY TO DETERMINE WHETHER THE VACANCIES ARE

                    BELOW 5 PERCENT.

                                 MR. RAIA:  NOW, WE HAVE A HUGE PROBLEM ON -- IN --

                    IN SUFFOLK COUNTY IN SOME OF MY TOWNS WHERE THEY DON'T ACTUALLY

                    ALLOW ACCESSORY APARTMENTS, BUT YOU HAVE TONS OF PEOPLE THAT -- THAT

                    RENT APARTMENTS.  DO THEY GET FACTORED INTO THE MIX?

                                 MR. CYMBROWITZ:  IF -- IF THEY'RE LEGAL

                    APARTMENTS, YES.

                                 MR. RAIA:  OKAY.  WELL, AND WE HAVE A LOT OF ILLEGAL

                    APARTMENTS, TOO.  THEY DON'T GET FACTORED INTO THE MIX.

                                 MR. CYMBROWITZ:  WELL, YOU CAN'T COUNT ILLEGAL

                    APARTMENTS --

                                         53



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. RAIA:  I KNOW, I'M KIDDING.

                                 MR. CYMBROWITZ:  JUST MAKING SURE.

                                 MR. RAIA:  WHAT IS -- SO THE 5 PERCENT, THEY -- THEY

                    HIRE A COMPANY, I GUESS NEW YORK CITY DOES IT, THEY WORK OFF OF THE

                    CENSUS AND THEY HAVE TO LOOK AT EVERY TYPE OF -- OF APARTMENTS.  NOW,

                    MY TOWN -- AND I'M GOING TO USE ME AS AN EXAMPLE BECAUSE I'M

                    ACTUALLY A LANDLORD, IF YOU COULD CALL IT THAT.  I -- I HAVE AN ACCESSORY

                    APARTMENT IN MY HOUSE, WHICH ESSENTIALLY MEANS I RENT A ROOM IN MY

                    HOUSE.  I CAN ONLY DO THAT WITH THE PERMISSION OF THE TOWN OF

                    HUNTINGTON.  THEY -- THERE'S A YEARLY PERMIT FEE FOR $225.  I HAVE TO

                    RENEW IT EVERY YEAR.  PART OF THE PROBLEM IS -- IS -- IS THE TOWN IS

                    ALWAYS CHANGING THE LAWS AND, QUITE HONESTLY, THEY MAY DECIDE TO

                    ELIMINATE THAT PROCESS ALTOGETHER.  SO MY QUESTION IS THIS -- TWO

                    QUESTIONS.  I CURRENTLY HAVE A TENANT WHO'S MONTH -- ON A

                    MONTH-TO-MONTH VERBAL LEASE.  THE WAY I READ THIS IS I CAN'T TERMINATE

                    THAT LEASE, HE HAS TO BE THE ONE TO TERMINATE THAT LEASE.  IS THAT EVEN

                    REMOTELY CORRECT?

                                 MR. CYMBROWITZ:  NO.

                                 MR. RAIA:  OKAY.  THAT'S GOOD TO KNOW.  NOW, IF I

                    HAVE, LET'S SAY, A YEARLY LEASE WITH -- WITH THAT TENANT, AND THE TOWN OF

                    HUNTINGTON DECIDES NOT TO RENEW MY YEARLY PERMIT.  DOES THAT GIVE ME

                    GROUNDS, THEN, TO BREAK THAT LEASE WITH THAT TENANT?  BECAUSE NOW TO

                    CONTINUE TO HAVE A TENANT IN MY HOUSE I WILL BE VIOLATING LOCAL LAW?

                                 MR. CYMBROWITZ:  YES.  YOU WOULD JUST HAVE TO

                    GIVE NOTICE TO THE TENANT.

                                         54



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. RAIA:  THIRTY DAYS?

                                 MR. CYMBROWITZ:  YES.

                                 MR. RAIA:  OKAY.  ALL RIGHT.  THANK YOU, CHAIRMAN.

                                 ACTING SPEAKER AUBRY:  MS. MALLIOTAKIS.

                                 MS. MALLIOTAKIS:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. MALLIOTAKIS:  FIRST, LET ME START OFF BY

                    SAYING THAT, YOU KNOW, THE NINE YEARS THAT I'VE BEEN HERE I HAVE VOTED

                    FOR THE EXTENDERS OF OUR RENT STABILIZATION.  IN 2011 AND 2015 AS WELL.  I

                    THINK THAT TENANT PROTECTIONS ARE VERY IMPORTANT.  I ALSO BELIEVE THAT

                    THERE NEEDS TO BE A BALANCE BETWEEN THE TENANT -- THE TENANT AND

                    LANDLORD RELATIONSHIP, AND PARTICULARLY LOOKING AT PROPERTY TAXES AS WELL

                    AND AS THEY ARE GOING TO AFFECT HOMEOWNERS IN OUR DISTRICTS.  BUT

                    BEFORE I TALK A LITTLE BIT ABOUT THE PROPERTY TAXES, I JUST WANTED TO SAY

                    SOME OF THE THINGS THAT I'VE SEEN HERE IN THIS BILL -- LOOK, THIS IS A VERY

                    BIG BILL.  IT HAS MULTIPLE BILLS THAT WE'VE TAKEN UP PREVIOUSLY IN IT.  THEY

                    WOULD CALL THIS BASICALLY A "BIG UGLY."  AND I DON'T THINK THAT WE

                    SHOULD BE TAKING UP THESE PIECES OF LEGISLATION IN BLOCK LIKE THIS

                    BECAUSE THERE ARE MANY PROVISIONS THAT MANY OF US CAN SUPPORT, AND

                    THERE ARE OTHERS THAT WE DON'T LIKE, AND IT PUTS IN A SITUATION WHERE WE

                    EITHER HAVE TO VOTE "YES" OR "NO" ON THE ENTIRE PACKAGE.  BUT WHAT I'LL

                    SAY IS THAT FROM MY OBSERVATIONS AND FROM LISTENING TO THIS DEBATE HERE

                    TODAY, YOU KNOW, THIS BILL WILL HINDER INVESTMENTS IN -- IN -- AND

                    DEVELOPMENT OF AFFORDABLE HOUSING, WHICH IS SO CRITICAL RIGHT NOW, AND

                                         55



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THAT IS TRULY WHAT WE NEED IN THE CITY OF NEW YORK.  IT'LL ALSO MAKE IT

                    VERY DIFFICULT FOR OUR SMALL LANDLORDS TO MAKE CAPITAL IMPROVEMENTS, TO

                    MAKE REPAIRS.  NOT ONLY DIFFICULT, IT'S GOING TO MAKE IT LITERALLY

                    UNAFFORDABLE FOR THEM TO DO SO.  AND I'VE HAD A NUMBER OF CONSTITUENTS

                    THAT HAVE WRITTEN TO ME SAYING THAT, YOU KNOW, THEY'VE HAD PROPERTIES

                    THAT HAVE BEEN IN THEIR FAMILY FOR GENERATIONS, AND THEY ARE GOOD

                    PEOPLE THAT WORK HARD, THEY HAVE OTHER JOBS THAT THEY -- THEY ARE

                    WORKING TO TRY TO MAINTAIN THOSE PROPERTIES AND KEEP UP WITH EXPENSES

                    OF THE CITY OF NEW YORK.  AND -- AND -- AND WE ALL KNOW THE PROPERTY

                    TAXES, THE WATER BILLS, THOSE AREN'T BEING FROZEN AT ALL, THOSE AREN'T BE

                    CAPPED.  AND SO IT'S PUTTING A TREMENDOUS BURDEN ON THOSE SMALL

                    LANDLORDS, AND -- AND PARTICULARLY THOSE WHO'VE HAD THESE HOMES FOR

                    GENERATIONS.  AND WE SHOULD REALLY BE SENSITIVE TO THAT.  THE HOUSING

                    STOCK IS AGED.  WE'RE TALKING ABOUT HOMES BEFORE 1974, AND AS WAS

                    MENTIONED, A MAJORITY OF THEM ARE PRE-WORLD WAR II.  AND SO THESE ARE

                    HOMES THAT ARE GOING TO NEED REPAIRS.  LOOK AT NYCHA.  LOOK AT

                    NYCHA.  LOOK WHAT HAPPENS WHEN YOU DON'T MAKE NECESSARY REPAIRS.

                    THE TENANT ENDS UP SUFFERING.  IT'S GOING TO BE THEIR QUALITY OF LIFE THAT'S

                    GOING TO DETERIORATE.  AND THIS BILL ACTUALLY DOESN'T REQUIRE ANY MEANS

                    TESTING.  SO, BASICALLY, WE'RE PROTECTING THE WEALTHY TENANTS IN THIS BILL.

                    WE'RE SAYING THAT, YOU KNOW, IF YOU'RE WEALTHY, YOU CAN -- YOU DON'T

                    HAVE TO PAY MARKET VALUE, YOU CAN PAY A RENT-STABILIZED UNIT -- BE IN A

                    RENT STABILIZED UNIT THAT YOU'RE NOW GOING TO TAKE AWAY FROM A LOW-

                    INCOME INDIVIDUAL WHO TRULY NEEDS THAT PROTECTION.

                                 ADDITIONALLY, WHAT WE'RE NOT DOING TODAY I FIND TO BE

                                         56



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MORE PROBLEMATIC, OKAY?  BECAUSE WE ARE TOTALLY IGNORING THE FACT THAT

                    THE CO-OP/CONDO ABATEMENT PROGRAM WHICH HAS BEEN A PROTECTION FOR

                    THOSE MIDDLE-CLASS FAMILIES IN OUR DISTRICTS SO THEY DON'T SEE THEIR

                    PROPERTY TAXES SOAR, THAT'S NOT BEING RENEWED.  WE'RE ACTUALLY

                    POTENTIALLY GOING TO LEAVE HERE THIS SESSION AND NOT RENEW THAT, AND I

                    THINK THAT IS PARTICULARLY PROBLEMATIC.  AND YOU'LL HAVE TO GO EXPLAIN --

                    EXPLAIN TO YOUR CONSTITUENTS WHY THEIR PROPERTY TAXES WILL SOAR 30

                    PERCENT IF WE ACTUALLY DON'T RENEW THAT PROPERTY TAX ABATEMENT.

                                 BUT WHAT I'LL SAY THAT AFFECTS PROBABLY MY DISTRICT THE

                    MOST BECAUSE WE ARE MOSTLY RESIDENTIAL SINGLE-FAMILY, TWO-FAMILY

                    HOMES.  THIS BILL IS GOING TO SHIFT THE BURDEN, THE PROPERTY TAX BURDEN

                    ONTO OUR ONE- AND TWO-FAMILY HOMES.  HOW SO?  WELL, BECAUSE WE

                    KNOW THAT THE PROPERTY -- THERE'S FOUR CLASSES OF PROPERTY TAXES, RIGHT?

                    AND CLASS 2, WHICH IS WHAT'S BEING ADDRESSED IN THIS BILL, THEY BASE

                    THEIR ASSESSMENTS ON RENT ROLLS.  NOW, IF WE'RE ARTIFICIALLY SUPPRESSING

                    THOSE RENT ROLLS, THEN THEY'RE NOT GOING TO BE ASSESSED AT THE PROPER

                    VALUE AND THEY'RE NOT GOING TO BE PAYING THE PROPER PROPERTY TAX THAT

                    THEY SHOULD BE TO THE CITY OF NEW YORK.  SO NOW WHAT'S GOING TO

                    HAPPEN IS, THAT REVENUE HAS TO BE MADE UP SOMEWHERE BECAUSE WE

                    KNOW HOW MUCH THE MAYOR LOVES TO SPEND MONEY IN THE CITY OF NEW

                    YORK.  IT'S GOT TO BE MADE UP SOMEWHERE.  SO, WHAT'S GOING TO HAPPEN?

                    THAT BURDEN IS GOING TO BE SHIFT ONTO OUR CLASS 1 PROPERTY OWNERS, THE

                    SINGLE- AND -- AND TWO-FAMILY HOMES IN OUR DISTRICT.  AND I KNOW THAT

                    MANY OF YOU ARE RECEIVING COMPLAINTS FROM YOUR CONSTITUENTS ABOUT

                    HOW RIDICULOUS PROPERTY TAX BILLS HAVE BECOME, PARTICULARLY THOSE OF

                                         57



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    YOU FROM STATEN ISLAND, FROM THOSE OF YOU FROM VARIOUS PARTS OF

                    BROOKLYN, FROM THE BRONX, FROM THE -- QUEENS.  IT'S THE OUTER

                    BOROUGHS.  THOSE LOW- AND MIDDLE-INCOME COMMUNITIES THAT ARE MOST

                    AFFECTED BY THE CURRENT PROPERTY TAX SYSTEM.  AND WHAT WE'RE SAYING

                    TODAY IS WE'RE GOING TO SHIFT THE BURDEN MORE ONTO THEM.  NOW, IN THE

                    CITY OF NEW YORK THE PROPERTY TAX LEVY OVER THE FIVE YEARS HAS

                    INCREASED 44 PERCENT.  FORTY-FOUR PERCENT.  AND GUESS WHAT?  OUR

                    MAYOR AND OUR CITY COUNCIL ARE SET TO INCREASE IT AGAIN IN THEIR BUDGET

                    THAT'S COMING UP.  SO IT'LL PROBABLY BE OVER 50 PERCENT INCREASE IN JUST

                    FIVE YEARS, AND WE'RE GOING TO MAKE IT WORSE IF WE PASS THIS BILL TODAY.

                                 AND SO, WE DO NEED TENANT PROTECTIONS IN THE CITY OF

                    NEW YORK.  WE NEED TO MAKE SURE THAT WE HAVE MORE AFFORDABLE

                    HOUSING IN THE CITY OF NEW YORK.  BUT, WE ALSO NEED TO MAKE SURE THAT

                    THOSE WHO OWN THEIR HOMES CAN ACTUALLY AFFORD TO STAY THERE AS WELL, OR

                    ELSE WE'RE JUST MAKING THE -- THE PROBLEM WORSE.  AND WE ARE DRIVING

                    OUT OUR YOUNG PEOPLE.  WE ARE DRIVING OUT OUR SENIOR CITIZENS.  WE ARE

                    DRIVING OUT OUR YOUNG FAMILIES THAT WANT TO START A LIFE HERE, BECAUSE

                    THEY CANNOT AFFORD THIS RAPID INCREASE IN PROPERTY TAXES.  WHICH, BY THE

                    WAY, IF YOU'RE A RENTER, THOSE COSTS ARE PASSED ON TO YOU.  SO, YOU'RE

                    EITHER PAYING IT ONE WAY OR ANOTHER.  SO ALL OF US NEED TO WORK TOGETHER

                    TO STAND UP TO THE CITY OF NEW YORK AND SAY, YOU'VE GOT TO CAP

                    PROPERTY TAXES.  YOU'VE GOT TO CAP YOUR SPENDING.  THIS IS -- YOU KNOW,

                    THIS IS NOT A LIMITED -- UNLIMITED BUCKET OF MONEY.  MONEY DOES NOT

                    GROW ON TREES.  AND WE CAN DO THE RIGHT THING HERE TO PROTECT THE RENT --

                    TENANTS, TO PROTECT OUR HOMEOWNERS AND KEEP THE PEOPLE IN THE CITY OF

                                         58



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NEW YORK AND PROTECT OUR LOW- AND MIDDLE-INCOME FAMILIES FROM

                    BEING FORCED TO SELL AND FLEE TO OTHER STATES.

                                 SO I WILL BE VOTING AGAINST THIS BILL.  AND I THINK THAT

                    WE NEED TO WORK TOGETHER FOR A BETTER SOLUTION THAT PROTECTS EVERYONE,

                    AND ACTUALLY TRULY GOES TO THE CORE OF WHY NEW YORK CITY IS SO

                    UNAFFORDABLE IN THE FIRST PLACE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WOULD YOU

                    PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM?

                                 ACTING SPEAKER AUBRY:  RULES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

                                 MR. GARBARINO.

                                 MR. GARBARINO:  THANK YOU, MR. SPEAKER.  WILL

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 MR. GARBARINO:  MR. CYMBROWITZ, I HAVE JUST A

                    COUPLE OF QUESTIONS ABOUT HOW THIS -- THIS BILL IS GOING TO APPLY TO

                    PROPERTIES OUTSIDE OF NEW YORK CITY.  YOU KNOW, WE'VE HEARD A LOT

                    ABOUT THE BIG BAD LANDLORD AND WHAT THEY -- WHAT THEY DO TO TENANTS.

                    BUT MY 95-YEAR-OLD GRANDMOTHER HAS AN ACCESSORY APARTMENT AT HER

                    HOUSE ON LONG ISLAND.  AND THERE IS A COUPLE OF BILLS --- A COUPLE OF

                    PARTS OF THIS BILL THAT AFFECTS THE LANDLORD-TENANT RELATIONSHIP THAT SHE

                    HAS.  SHE'S 95, SHE'S ELDERLY, SHE'S ON A LOT OF MEDICATION.  SHE'S NOT

                                         59



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    DOING GREAT, BUT SHE RELIES ON THIS RENT, YOU KNOW, TO -- TO STAY ALIVE.

                    AND, YOU KNOW, I JUST WANT TO RUN A COUPLE OF HYPOTHETICALS PAST YOU

                    TO SEE -- SEE WHERE WE ARE WITH THIS.  THERE'S SOMETHING HERE, I THINK

                    YOU ADD SECTION 227(F) OF THE REAL PROPERTY LAW.  SO MY -- MY

                    GRANDMOTHER WANTS TO RENT THIS APARTMENT TO SOMEBODY -- THEY HAVE --

                    SHE HAS A PROSPECTIVE TENANT.  AGAIN, LIKE I SAID, SHE RELIES ON THIS

                    MONEY, THIS RENT, TO SURVIVE.  AND SHE FINDS OUT BEFORE SHE RENTS TO THIS

                    PERSON THAT HE HAS 27 JUDGMENTS OF EVICTION AGAINST HIM FOR

                    NONPAYMENT OF RENT.  ARE YOU SAYING WITH THIS NEW SECTION SHE'S NO

                    LONGER ALLOWED TO SAY SHE DOESN'T WANT TO RENT TO HIM BECAUSE HE --

                    BECAUSE OF HIS PREVIOUS LANDLORD-TENANT CONVICTIONS?

                                 MR. CYMBROWITZ:  WAS SHE -- SHE ALREADY RENTED

                    TO HIM?

                                 MR. GARBARINO:  NO, SHE -- SHE WAS GOING TO RENT

                    TO HIM, BUT THEN SHE FINDS OUT THAT HE'S HAD THESE PRIOR ISSUES, 27

                    CONVICTIONS OF -- WARRANTS AND A CONVICTION OF -- A JUDGMENT OF

                    EVICTION.  SO SHE CAN'T SAY, I DON'T WANT TO RENT TO YOU BECAUSE YOU'VE

                    HAD THESE PREVIOUS PROBLEMS?

                                 MR. CYMBROWITZ:  SHE'S DETERMINED THAT SHE

                    DOESN'T -- YOU KNOW, SHE CAN -- YOU KNOW, YOU CAN'T DISCRIMINATE BASED

                    ON, YOU KNOW, BASED ON COURT DATA THAT YOU'VE RECEIVED.  BUT IF SHE

                    FINDS OUT WHEN SHE'S TALKING TO HIM THAT HE HAS BEEN -- HE SAYS TO HER,

                    I'VE BEEN CONVICTED OR I'VE BEEN FOUND GUILTY 27 DIFFERENT TIMES, SHE

                    DOESN'T HAVE TO RENT TO HIM.

                                 MR. GARBARINO:  WELL, I'M NOT SURE -- BECAUSE IT

                                         60



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SAYS HERE, 227(F) IT SAYS, NO LANDLORD OF A RESIDENTIAL PREMISES SHALL

                    REFUSE TO RENT OR OFFER TO LEASE A POTENTIAL TENANT ON THE BASIS THAT THE

                    POTENTIAL TENANT WAS INVOLVED IN A PAST OR PENDING LANDLORD-TENANT

                    ACTION.  SO IF -- SO IF SHE FINDS OUT THAT HE'S BEEN INVOLVED IN THESE

                    PREVIOUS ACTIONS FOR NONPAYMENT, SHE CAN'T SAY, OH, WAIT.  NO, NEVER

                    MIND?

                                 MR. CYMBROWITZ:  SHE CAN'T BASE HER DECISION

                    SOLELY ON THAT.

                                 MR. GARBARINO:  WELL, NO.  BUT IF HE -- BUT IF SHE

                    RENTS TO HIM AND -- AND HE DOESN'T PAY HER RENT, HOW IS -- HOW IS SHE

                    GOING TO SURVIVE?

                                 ALL RIGHT.  NEXT QUESTION, MR. CHAIRMAN.  THERE'S

                    SOMETHING ELSE HERE -- AND I KNOW MR. -- MY COLLEAGUE MENTIONED IT

                    BEFORE, BUT HE -- JUST BRIEFLY.  IT WAS ABOUT THE MONTH-TO-MONTH

                    TENANCIES.  SO NOW WE'VE MADE MY GRANDMOTHER RENT TO THIS GENTLEMAN

                    WHO DOESN'T PAY HIS RENT AND -- WELL, HE'S -- HE'S BEEN THERE FOR A YEAR,

                    THEY HAD A LEASE.  NOW HE STAYS FOR THE 13TH MONTH AND IT GOES TO A

                    MONTH-TO-MONTH TENANCY.  AND NOW, SHE SAYS -- SHE GETS A CALL FROM

                    HER 97-YEAR-OLD BROTHER WHO'S VERY SICK, HE NEEDS SOMEWHERE TO STAY.

                    IS SHE ALLOWED TO TELL THE TENANT WHOSE LEASE HAS EXPIRED, IS NOW ON A

                    MONTH-TO-MONTH TENANCY, I'M SORRY, I NEED THIS APARTMENT FOR MY SICK

                    ELDERLY BROTHER, 97?  I NEED THIS APARTMENT, YOU HAVE 30 DAYS.

                                 MR. CYMBROWITZ:  IT DOESN'T CHANGE THE LAW AT

                    ALL.  SHE CAN.

                                 MR. GARBARINO:  WELL, I'M LOOKING AT THE SECTION,

                                         61



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THOUGH, 232(B).  SECTION 232(B) OF THE REAL PROPERTY LAW.

                    NOTIFICATION TO TERMINATE MONTHLY TENANCY OR TENANCY FROM

                    MONTH-TO-MONTH OUTSIDE THE CITY OF NEW YORK.  A MONTHLY TENANCY OR

                    TENANCY FROM MONTH-TO-MONTH OF ANY LAND OR BUILDINGS LOCATED OUT OF

                    THE CITY OF NEW YORK MAY BE TERMINATED -- THE CURRENT LAW SAYS, BY THE

                    LANDLORD OR THE TENANT UPON -- IS NOTIFYING OF THE OTHER AT LEAST ONE

                    MONTH BEFORE.  BUT THE BILL STRIKES LANDLORD, SO IT ONLY ALLOWS THE TENANT

                    TO GIVE THE NOTIFICATION OF TERMINANCY [SIC].  IT'S ON PAGE 45 OF THE BILL,

                    LINE 48.

                                 MR. CYMBROWITZ:  BUT IN ANOTHER SECTION WE SAY

                    THAT IT HAS TO GIVE 30 DAYS NOTICE.  AND THAT'S THE INTENT, IS THAT WE

                    WANTED TO MAKE SURE THAT THE LANDLORD COULD CONTINUE TO GIVE 30 DAYS

                    NOTICE.

                                 MR. GARBARINO:  BUT THIS -- THIS SECTION ALREADY

                    REQUIRES 30 DAYS NOTICE.  SO WHAT -- WHY -- WHY -- AND -- AND I BELIEVE

                    -- I KNOW THE LAW NOW ONLY REQUIRES 30 DAYS NOTICE, SO WHAT'S -- WHY

                    DO WE HAVE TO STRIKE IT HERE?

                                 MR. CYMBROWITZ:  WELL, I -- I THINK IT'S -- IT WAS

                    A CLEANUP AND -- AND THIS IS -- WE JUST WANTED TO CONTINUE TO MAKE SURE

                    THAT THERE WAS A 30-DAY NOTICE GIVEN.

                                 MR. GARBARINO:  SO IS THERE -- WELL, IN THIS

                    SECTION WE REMOVE THE LANDLORD'S AVAILABILITY TO GIVE 30-DAY NOTICE ON

                    A MONTH-TO-MONTH TENANCY.  WHICH SECTION OF THIS BILL -- WHICH SECTION

                    OF THIS BILL ALLOWS THE LANDLORD TO GIVE 30-DAY TENANT'S NOTICE ON A

                    MONTH-TO-MONTH TENANCY?  BECAUSE THIS -- THIS SECTION REMOVES THAT.

                                         62



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  OKAY.  226 ALLOWS YOU TO DO

                    THAT.

                                 MR. GARBARINO:  226.  AND THAT'S -- WHAT PAGE --

                                 MR. CYMBROWITZ:  226(C) --

                                 MR. GARBARINO:  226(C) --

                                 MR. CYMBROWITZ:  OF THE REAL PROPERTY LAW.

                                 MR. GARBARINO:  OKAY.  BUT THAT'S -- SO -- WHAT --

                    NOW WHAT DOES 226 -- SEE, THIS -- THIS GETS RID OF THE 30-DAY NOTICE.

                    226 HAS DIFFERENT NOTICE, DOESN'T IT?

                                 MR. CYMBROWITZ:  NOT FOR MONTH-TO-MONTH.

                                 MR. GARBARINO:  NOT FOR MONTH-TO-MONTH.

                                 MR. CYMBROWITZ:  NO.

                                 MR. GARBARINO:  OKAY.  SO YOU'RE TELLING ME THE

                    INTENT -- MY GRANDMOTHER, IF SHE NEEDS TO, FOR HER ELDERLY BROTHER, GET

                    RID OF A -- TELL A MONTH-TO-MONTH TENANT THAT HE NEEDS TO LEAVE SO SHE

                    CAN TAKE CARE OF HIM, SHE CAN STILL GIVE 30-DAY NOTICE?

                                 MR. CYMBROWITZ:  THAT'S -- THAT'S THE CURRENT LAW

                    AND IT DOESN'T CHANGE.

                                 MR. GARBARINO:  OKAY.  MR. CHAIRMAN, JUST

                    ANOTHER COUPLE OF QUESTIONS.  THIS -- THIS -- GOING BACK TO THE TENANT,

                    THE ONE WHO'S BEEN KNOWN NOT TO PAY HIS -- HIS RENT, 27 TIMES HE'S

                    GOTTEN JUDGMENT, AND MY -- MY GRANDMOTHER NEEDS HER -- THIS MONEY TO

                    SURVIVE.  NEEDS IT MONTHLY.  YOU KNOW, SHE HAS THESE MEDICATIONS THAT

                    SHE HAS TO PAY FOR.  NOW, IF THE TENANT DOESN'T PAY THE RENT, AS HE'S BEEN

                    KNOWN NOT TO DO, CURRENTLY, I BELIEVE THERE'S A THREE-DAY NOTICE,

                                         63



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CORRECT?  OF DEMAND FOR RENT DUE?  CURRENTLY.

                                 MR. CYMBROWITZ:  WELL -- CURRENTLY, YES.

                                 MR. GARBARINO:  SO NOW, I BELIEVE THIS BILL SAYS,

                    GRANDMOTHER, YOU DON'T GET YOUR MONEY.  I'M SORRY YOU CAN'T PAY FOR

                    YOUR MEDICATION.  BUT YOU HAVE TO WAIT TO THE FIFTH DAY BEFORE THE RENT'S

                    CONSIDERED LATE.  THEN YOU HAVE TO GIVE THE TENANT 14 DAYS FOR DEMAND

                    OF RENT DUE.  AND THEN IF IT'S STILL NOT PAID, 10 TO 17 DAYS TO START THE --

                    NOTICE TO START THE REAL PROPERTY AND PROCEEDINGS ACTION.  WHICH THEN

                    CAN BE ADJOURNED FOR 14 DAYS ON AN UNCONSENTED [SIC] ADJOURNMENT.

                    AND SAY YOU THEN GO BACK AFTER ALL THAT TIME AND GET A JUDGMENT OF

                    EVICTION AND WARRANT, YOU THEN HAVE AN AUTOMATIC 14-DAY STAY UNTIL THAT

                    CAN BE ISSUED.  YOU KNOW, I -- IT ADDS UP TO -- FROM -- AND THEN ALL THIS

                    TIME THERE'S BEEN NO RENT PAID FOR MY POOR GRANDMOTHER AND HER

                    MEDICATION.  FIFTY-SEVEN DAYS MINIMUM, 57 DAYS MINIMUM THAT THIS

                    TENANT WHO'S NOT PAYING HIS RENT AND MY GRANDMOTHER IS -- JUST CAN'T GET

                    HER MEDICATION, CAN STAY IN THAT APARTMENT.

                                 MR. CYMBROWITZ:  MY ADDITION IS A LITTLE

                    DIFFERENT.  I COME UP WITH 34 DAYS.  BUT THAT'S -- THAT'S NEITHER HERE NOR

                    THERE.  WHAT WE'RE DOING IS --

                                 MR. GARBARINO:  34 DAYS --

                                 MR. CYMBROWITZ:  WE'RE -- WE'RE GIVING THE

                    TENANT -- WE'RE GIVING THE TENANT 14 DAYS NOTICE IN THE BEGINNING, THEN

                    WE GIVE 10 DAYS IF THERE IS GOING TO BE A COURT DATE, AND THEN ONCE THE

                    COURT DECIDES THAT THAT PERSON -- THAT TENANT HAS TO LEAVE, YOU THEN GIVE

                    THEM THE ADDITIONAL DAYS TO GET OUT.

                                         64



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. GARBARINO:  OKAY.

                                 MR. CYMBROWITZ:  AN ADDITIONAL 14 DAYS TO GET

                    OUT IN ORDER TO FIND ANOTHER APARTMENT.  SO THAT YOUR GRANDMOTHER CAN

                    CONTINUE TO COLLECT RENT AND CONTINUE TO TAKE HER MEDICATION.

                                 MR. GARBARINO:  BUT --

                                 (LAUGHTER - APPLAUSE)

                                 BUT -- BUT IF SHE'S ON --

                                 ACTING SPEAKER REYES:  LADIES AND GENTLEMEN

                    IN THE GALLERY, PLEASE, SILENCE.

                                 MR. GARBARINO:  AT YOUR OWN ADMISSION, 34

                    DAYS MINIMUM BY YOUR CALCULATIONS, THAT'S A LONG TIME TO GO WITHOUT

                    INSULIN, BECAUSE SHE'S ON DIABETES -- SHE HAS DIABETES.  BUT, YOU KNOW,

                    WE'LL JUST GET HER SOME JUICE OR SOMETHING, I DON'T KNOW.

                                 MR. -- MR. CHAIRMAN, JUST A COUPLE OF MORE.  I JUST -- I

                    DO -- I WANT TO GO BACK TO THE UNCONTESTED ADJOURNMENT PORTION.

                                 MR. CYMBROWITZ:  I'M SORRY, WHICH PART?

                                 MR. GARBARINO:  THE UNCONTESTED ADJOURNMENT

                    IN A -- IN ONE OF THESE ACTIONS, A TENANT IS ENTITLED.  DOES THE TENANT

                    HAVE TO APPEAR AT THE COURT PROCEEDING TO GET THE -- DOES IT HAVE TO --

                    DOES THE TENANT HAVE TO REQUEST THE ADJOURNMENT FOR THE -- THE

                    PROCEEDING?

                                 MR. CYMBROWITZ:  IT'S THE CURRENT LAW, IT DOESN'T

                    CHANGE.

                                 MR. GARBARINO:  WELL, NO, I MEAN, THE JUDGE

                    USUALLY MAKES IT -- I DON'T BELIEVE IT -- I DON'T THINK YOU'RE MANDATED AN

                                         65



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ADJOURNMENT.

                                 MR. CYMBROWITZ:  IT IS CURRENT LAW.  YES.  THAT

                    DOESN'T CHANGE.

                                 MR. GARBARINO:  ALL RIGHT.  OKAY.  MR. -- MR.

                    CHAIRMAN.  SO, I -- I JUST WANT TO MAKE SURE -- YOU KNOW, THIS -- I THINK

                    I BROUGHT UP A COUPLE OF ISSUES HERE ABOUT MY GRANDMOTHER THAT, YOU

                    KNOW, SHOULD POSSIBLY BE ADDRESSED.  BECAUSE SHE'S NOT THE BIG BAD

                    LANDLORD THAT, YOU KNOW, SOME OF THESE OTHER PEOPLE MIGHT BE.  SHE'S A

                    -- JUST AN ELDERLY OLD WOMAN WHO JUST WANTS TO GET HER MEDICATION.

                    THIS BILL HERE WITH THESE CHANGES SEEM -- IT SOUNDS LIKE THEY'RE GOING

                    TO AFFECT THE WAY SHE HAS -- THE WAY SHE RENTS HER LITTLE ACCESSORY

                    APARTMENT.  AND I DON'T BELIEVE THAT THAT'S THE INTENT OF THE OVERALL

                    LEGISLATION.  MAYBE SOME OF THESE RULES, THESE CHANGES THAT WERE PUT IN

                    WERE DONE WITHOUT THINKING OF MY GRANDMOTHER.  I'M HOPING YOU THINK

                    SOME OF THESE -- THERE -- THERE COULD BE ROOM FOR SOME AMENDMENTS IN

                    THIS LEGISLATION AT A LATER DATE.

                                 MR. CYMBROWITZ:  WELL, I -- I -- I DO WANT TO

                    WISH YOUR GRANDMOTHER THE BEST OF HEALTH.  MAY SHE CONTINUE TO LIVE A

                    LONG LIFE.  AND HCR WILL BE LOOKING AT -- AT THESE REGULATIONS, AND

                    WHEN THEY FILE THE REPORT, WE'LL TAKE A LOOK AT IT.

                                 MR. GARBARINO:  THANK YOU MR. CHAIRMAN.

                                 ON THE BILL.

                                 ACTING SPEAKER REYES:  ON THE BILL.

                                 MR. GARBARINO:  I -- I THOUGHT THIS WAS APRIL

                    FOOL'S DAY WHEN I WAS READING SOME OF THIS LEGISLATION TODAY.  TO ME,

                                         66



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THIS IS -- THIS IS CLOSE TO INSANITY, WHAT'S BEING DONE HERE TO JUST THE

                    LANDLORD-TENANT -- TO PROPERTY OWNERS.  THE FIFTH AMENDMENT SAYS THAT

                    YOU SHOULD NOT HAVE YOUR PROPERTY TAKEN FOR PUBLIC USE WITHOUT

                    COMPENSATION.  PEOPLE'S PROPERTIES ARE BEING TAKEN.  IF LANDOWNERS ARE

                    LOSING THE RIGHT TO THEIR PROPERTIES, THIS IS -- THIS IS -- LIKE I SAID,

                    INSANITY.  I CAN'T SUPPORT THIS BILL.  IT GOES WAY TOO FAR.  IT TALKS ABOUT

                    TENANT PROTECTION, BUT THIS -- THIS IS TAKING A PROPERTY OWNER'S PROPERTY

                    AND GIVING IT OVER TO SOMEONE ELSE WITH NO COMPENSATION, AND I CAN'T

                    SUPPORT IT.

                                 THANK YOU, MR. [SIC] SPEAKER.

                                 ACTING SPEAKER REYES:  MR. MIKULIN.

                                 MR. MIKULIN:  THANK YOU.  WILL THE CHAIRMAN

                    YIELD?

                                 ACTING SPEAKER REYES:  WILL YOU YIELD, MR.

                    CHAIRMAN?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER REYES:  THE CHAIRMAN YIELDS.

                                 MR. MIKULIN:  JUST A -- A FEW QUICK QUESTIONS HERE.

                    ONE, THE PREFERENTIAL RENT.  NOW WE'RE GOING TAKE AWAY THE ABILITY TO

                    DO THE LEGAL RENT UPON GETTING A NEW LEASE, RIGHT, UPON RE -- RENEWING

                    THE LEASE.

                                 MR. CYMBROWITZ:  WHAT WE'RE DOING IS SAYING

                    THAT THE TENANT THAT IS IN PLACE AND RECEIVING A PREFERENTIAL RENT, THAT HAS

                    TO BECOME THE BASE RENT.  AND ANY INCREASES WOULD BE BASED ON THE

                    RENT GUIDELINES BOARD.

                                         67



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. MIKULIN:  OKAY.  NOW, LET'S SAY THAT WE -- WE

                    DO HAVE A GOOD LANDLORD, RIGHT, AND RIGHT NOW THAT LANDLORD HAD THE

                    TENANT FOR, LET'S SAY, ABOUT 20 YEARS, AND, YOU KNOW, IT'S GOING BACK.  SO

                    20 YEARS AGO, AND THEY'VE DONE SMALL INCREASES THROUGHOUT.  SO NOW

                    WHAT'S GOING TO HAPPEN IS IS THEY'RE GOING TO HAVE TO DO IT OFF THE

                    PREFERENTIAL RENT, CORRECT?

                                 MR. CYMBROWITZ:  HE'S GOING TO HAVE TO DO WHAT

                    --

                                 MR. MIKULIN:  RAISES (INAUDIBLE) --

                                 MR. CYMBROWITZ:  I'M SORRY, I DIDN'T HEAR WHAT --

                    IF YOU CAN TALK A LITTLE LOUDER.

                                 MR. MIKULIN:  OH, OKAY.  THEY'RE GOING TO HAVE

                    THEIR RAISES OFF THE PRE -- OFF THE PREFERENTIAL RENT, THE BASIS AND NOT THE

                    --

                                 MR. CYMBROWITZ:  YES, THAT BECOMES -- THAT

                    BECOMES THE RENT.

                                 MR. MIKULIN:  SO WHY AREN'T WE ALLOWING THEM AT

                    LEAST, YOU KNOW -- I UNDERSTAND THIS -- WHY AREN'T WE ALLOWING THE

                    LANDLORD AT LEAST ONE MORE OPPORTUNITY TO NET OFF THE BASE RENT BEFORE

                    STICKER SHOCKING THEM AND CONTINUING IT OFF THE PREFERENTIAL RENT?

                    WOULDN'T IT BE BETTER TO ALLOW THEM ONE MORE OPPORTUNITY TO DO WHAT IT

                    IS THAT THEY'RE DOING?

                                 MR. CYMBROWITZ:  NO, THE -- THE LAWS BECOME

                    EFFECTIVE WHEN -- WHEN THE GOVERNOR SIGNS IT.

                                 MR. MIKULIN:  OKAY.  AND JUST ANOTHER QUESTION

                                         68



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    FOR YOU.  NOW, WHEN WE TALK ABOUT, YOU KNOW -- I -- I WOULD LIKE TO

                    THINK THAT WE WOULD LIKE TO INCENTIVIZE PEOPLE TO KEEP THEIR TENANTS THAT

                    THERE ARE RIGHT NOW, BECAUSE THERE'S A DIFFERENCE GOOD AND BAD --

                                 MR. CYMBROWITZ:  I'M SORRY.  COULD YOU TALK

                    LOUDER?

                                 MR. MIKULIN:  I THINK THAT WE WOULD LIKE TO

                    INCENTIVIZE PEOPLE TO KEEP THE TENANTS THAT THEY HAVE NOW.  SO, WAS

                    THERE ANY CONSIDERATION IN IF SOMEBODY HAS WITH RENT STABILIZATION A

                    TENANT OVER 20 YEARS, DONE EVERYTHING GOOD TO -- TO GIVE THEM AN

                    INCREASE BEYOND THE -- THE 1 TO 2 -- 2 PERCENT TO SAY, YOU KNOW

                    SOMETHING, YOU'VE -- YOU'VE DONE SOMETHING AND WE'RE GOING TO

                    INCENTIVIZE PEOPLE IN ORDER TO NOT TRY TO HAVE A CONTINUAL FLOW OUT OF

                    THE APARTMENT?

                                 MR. CYMBROWITZ:  I'M SORRY, WAS THERE A --

                                 MR. MIKULIN:  I SAID HAVE -- HAVE WE -- HAVE WE

                    THOUGHT ABOUT HOW ALLOWING A LANDLORD TO GET A SPECIAL INCREASE IF THEY

                    KEPT A TENANT FOR A LONG PERIOD OF TIME?

                                 MR. CYMBROWITZ:  WELL, I THINK LAND -- ALL

                    LANDLORDS LIKE TO KEEP THOSE TENANTS WHO CONTINUE TO PAY THEIR RENT, AND

                    THE LANDLORD CAN CONTINUE AS IN NEW -- IN NEW YORK CITY, BASED ON

                    RENT GUIDELINES BOARD, CAN INCREASE THE RENT.

                                 MR. MIKULIN:  OKAY.  AND JUST ONE MORE THING.

                    ARE -- ARE YOU FAMILIAR WITH WHAT'S GOING ON IN NASSAU COUNTY?

                                 MR. CYMBROWITZ:  I'M SORRY?

                                 MR. MIKULIN:  WE HAVE AN ASSESSMENT IN NASSAU

                                         69



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    COUNTY, A -- A NEW ASSESSMENT SYSTEM THAT -- THAT'S COMING INTO EFFECT,

                    AND WITH THAT NEW ASSESSMENT SYSTEM WE -- WE HAVE RENT-STABILIZED

                    APARTMENTS.  AND IN THAT, IF PEOPLE HAVE BEEN CHALLENGING THEIR

                    ASSESSMENT, THEY HAVE A LOWER ASSESSMENT.  BUT NOW THEIR -- THEIR TAXES

                    ARE -- SOME OF THEM COULD BE RAISED CONSIDERABLY.  SO, WITH THEIR TAXES

                    BEING RAISED CONSIDERABLY AND SOME OF THE PROVISIONS PUT IN HERE THAT

                    -- THEY -- THEY -- THEY CAN'T RAISE THE RENT WHEN THE PERSON VACATES AN

                    APARTMENT, THAT COULD POTENTIALLY EFFECT THAT MOM-AND-POP LANDOWNER

                    AND -- AND MAKE IT UNAFFORDABLE FOR THE LANDLORD TO CONTINUE TO OPERATE.

                                 MR. CYMBROWITZ:  WELL, SINCE NASSAU COUNTY IS

                    ALREADY UNDER EPTA, THEIR INCREASES WILL COME FROM THEIR RENT

                    GUIDELINES BOARD.

                                 MR. MIKULIN:  YES, BUT ALSO THEIR -- I MEAN, THERE'S

                    NOW TWO GOVERNMENTS IN PLAY HERE BECAUSE THERE'S A REASSESSMENT.  SO,

                    YOU KNOW, THERE COULD BE A POTENTIAL TAX INCREASE WHILE THEY'RE NOT

                    GOING TO BE ABLE TO DO WHAT -- WHAT IT IS THAT THEY'RE NORMALLY DOING TO

                    MAKE IT LESS LIKELY FOR THEM TO AFFORD THE APARTMENT HOUSE.

                                 OKAY, THAT WOULD BE ALL.  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MIKULIN:  I -- I THINK PROTECTING TENANTS IS A

                    GOOD THING.  HOWEVER, I -- I -- I DO THINK THAT WE HAVE TO BE MORE

                    CONSIDERATE WHEN IT COMES DOWN TO LANDLORDS, ESPECIALLY ONES THAT ARE

                    MOM-AND-POP AND NOT THESE BIG CORPORATIONS.  IT COULD AFFECT THESE

                    INDIVIDUALS, QUITE FRANKLY, GREATLY, AND -- AND MAKE IT UNAFFORDABLE FOR

                                         70



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THEM TO CONTINUE TO OPERATE THEIR HOMES.  AND -- AND I THINK THAT IF WE

                    GET MORE LANDLORDS SELLING THEIR PLACES TO DEVELOPERS, I THINK WE'RE

                    GOING TO HAVE THE ANTICIP -- WE WANT TO INCREASE THE AFFORDABILITY FOR

                    TENANTS, BUT I THINK WHAT'S GOING TO HAPPEN IS RENT-STABILIZED

                    APARTMENTS, WE'RE GOING TO ACTUALLY DECREASE THEM BECAUSE OF THE SALES

                    AND THE DEVELOPMENTS.

                                 SO WITH THAT, I'M GOING TO HAVE TO VOTE IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. DINOWITZ.

                                 MR. DINOWITZ:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DINOWITZ:  OH, WHERE'S MR. FITZPATRICK?  OH,

                    I DON'T LIKE TALKING ABOUT THIS WITHOUT HIM PRESENT, BUT OKAY.  SO, I

                    REMEMBER -- I REMEMBER SITTING RIGHT HERE -- ACTUALLY IT WAS RIGHT HERE

                    (INDICATING) AT THE VERY LAST DAY OF SESSION IN 1997.  THAT WAS THE YEAR

                    THAT SENATOR BRUNO, THE LEADER IN THE SENATE, ANNOUNCED THAT ALL THE

                    RENT PROTECTION LAWS WERE GOING TO GO AWAY.  AND, OF COURSE, HE COULD

                    HAVE MADE THAT HAPPEN BECAUSE THE TENANT PROTECTION LAWS HAD A SUNSET

                    CLAUSE.  AND WE HAD TO SPEND THE NEXT SEVERAL MONTHS NEGOTIATING TO

                    TRY MAKE SURE THE LAWS WERE RENEWED AND THE EMERGENCY TENANT

                    PROTECTION ACT WAS RENEWED AND SO ON.  BUT STARTING THAT YEAR, AND

                    ACTUALLY EVEN BEFORE, EVERY SINGLE TIME THERE WERE SUCCESSFUL EFFORTS

                    MADE TO WEAKEN THE PROTECTIONS THAT TENANTS HAD.  AND THAT YEAR WAS

                    PARTICULARLY BAD, BECAUSE ALTHOUGH WE WERE SUCCESSFUL IN GETTING THE

                                         71



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    LAW RENEWED, SEVERAL PROVISIONS WERE PUT INTO THE LAW THAT REALLY WERE

                    ANTI-TENANT.  AND I THINK THOSE WHO SUPPORTED THAT UNDERSTOOD THAT IT

                    WOULD TAKE A NUMBER OF YEARS FOR IT TO REALLY ACHIEVE ITS FULL EFFECT.  SO

                    THIS IS WHAT THE EFFECT HAS BEEN OF THE -- OF THE WEAKENING OF TENANT

                    PROTECTIONS WHICH STARTED 20 AND 25 YEARS AGO.  HOMELESSNESS IN NEW

                    YORK CITY WENT UP SIGNIFICANTLY.  AND IF THERE'S NO COINCIDENCE THAT THE

                    HOMELESSNESS WENT UP THE SAME TIME RENTS SKYROCKETED, IF YOU LOOK AT

                    THE STATISTICS ON HOMELESSNESS AND THE STATISTICS ON RENT, IF YOU PUT IT IN

                    A CHART, IN A GRAPH, YOU WOULDN'T BE ABLE TO TELL THE TWO APART.  MOST

                    PEOPLE WHO ARE HOMELESSNESS -- WHO ARE HOMELESS IN NEW YORK ARE

                    HOMELESS, THEY'RE FAMILIES, BECAUSE THEY CAN'T AFFORD TO STAY IN THEIR

                    APARTMENTS.  AND IT'S GOTTEN WORSE AND WORSE OVER THE YEARS.  AND

                    EVERY GIMMICK IN THE BOOK WAS USED TO RAISE THOSE RENTS.  IT WASN'T

                    ONLY THE RENT GUIDELINES BOARD INCREASES -- WHICH IN SOME YEARS WERE

                    ACTUALLY VERY HIGH, EVEN IF NOT SO IN THE PAST FEW YEARS -- BUT IT WAS THE

                    20 PERCENT VACANCY BONUS.  AND IT WAS THE MCIS.  IT WAS THE IAIS.

                    THE LIST WENT ON AND ON.  AND IN A YEAR'S TIME, IN SOME APARTMENTS

                    RENTS COULD BE DOUBLED.  NOT TO MENTION ALL THE APARTMENTS OVER TIME

                    THAT WERE BEING FORCED OUT OF RENT STABILIZATION BECAUSE THEY EXCEEDED

                    THE THRESHOLD.

                                 SO WHAT'S BEING DONE HERE TODAY IS GOING TO HELP

                    REVERSE THAT TREND.  NOW I KNOW IT WAS MENTIONED EARLIER THAT THE

                    PENDULUM IS GOING TOO FAR.  THE WAY I SEE IT, THE PENDULUM WENT TOO

                    FAR IN THE WRONG WAY MANY YEARS AGO, AND ALL THAT WE'RE DOING HERE

                    TODAY IS TO TRY TO PUT THE PENDULUM BACK IN THE MIDDLE TO TRY TO CORRECT

                                         72



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SOME OF THE PAST MISTAKES THAT WERE MADE AND TO TRY TO PUT TENANTS ON A

                    LEVEL PLAYING FIELD.  THE 20 PERCENT VACANCY -- CAN YOU IMAGINE?  WHY

                    SHOULD SOMEBODY GET A 20 PERCENT INCREASE FOR BASICALLY SITTING ON

                    THEIR CHAIRS AND DOING NOTHING?

                                 (APPLAUSE)

                                 WHY SHOULD THEY -- WHY SHOULD THEY GET THAT?  AND AS

                    FAR AS -- AND I KNOW SOME OF THIS, I'M SURE, WAS SAID ALREADY, BUT THE

                    MCIS AND THE IAIS WERE SO SUBJECT TO ABUSES.  AND I KNOW THIS

                    FIRSTHAND, BECAUSE WE HAVE A LOT OF PEOPLE THAT COME TO OUR OFFICE

                    DEALING WITH THESE PROBLEMS.  AND THERE IS NO QUESTION IN MY MIND THAT

                    WHILE SOME LANDLORDS MAY ACTUALLY TURN IN HONEST BILLS ON THE IAIS AND

                    MCIS, THERE ARE OTHERS WHO DON'T.  AND SOME OF THE INDIVIDUAL

                    APARTMENT IMPROVEMENTS ARE MADE NOT TO IMPROVE THE APARTMENTS AS

                    SUCH, BUT SIMPLY TO RAISE THE RENT.  AND SO THEY WILL TEAR OUT A KITCHEN

                    WHICH DIDN'T NEED TO BE TORN APART, TEAR OUT THE FIXTURES IN THE BATHROOM

                    AND SO ON, SPEND X NUMBER OF DOLLARS AND MAYBE SUBMIT A BILL FOR FIVE

                    X NUMBER OF DOLLARS.  AND THE FORMULA IS SUCH THAT THEY GET THESE

                    ENORMOUS INCREASES, AND THEY NEVER GO AWAY AND EVERY FUTURE INCREASE

                    IS COMPOUNDED ON THAT.  WELL, THAT'S NOT GOING TO HAPPEN ANYMORE.

                    BUT LANDLORDS ARE STILL GOING TO GET SOME MONEY OFF MCIS AND IAIS.

                    IT'S JUST NOT GOING TO BE WHAT THEY'RE USED TO.  AND ONE OF THE BIGGEST

                    PROBLEMS WE'VE HAD IN OUR DISTRICT, AND I ASSUME THROUGHOUT THE CITY,

                    IN RECENT YEARS IS THE PROBLEMS CAUSED BY PREFERENTIAL RENTS.  AND THE

                    PREFERENTIAL RENTS ARE SUCH THAT TENANTS MAY BE PAYING LESS THAN WHAT --

                    WHAT THEIR -- THE LANDLORDS ARE ALLOWED TO CHARGE AND WHAT THE

                                         73



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MAXIMUM LEGAL RENT IS, BUT IT'S NOT LESS THAN WHAT THE MARKET WILL BEAR.

                    BUT THE PROBLEM IS IS THAT THE LANDLORDS HAVE THE RIGHT TODAY TO GO BACK

                    TO THE LEGAL RENT AT THE NEXT LEASE.  AND THAT MEANS THAT NO TENANT IS

                    GOING TO WANT TO EVER MAKE ANY DEMANDS OF THE LANDLORD, EVEN THOSE

                    DEMANDS ARE WELL-DESERVED -- LIKE, YOU KNOW, FIX SOMETHING --

                    BECAUSE THEY'RE AFRAID THAT THE LANDLORD WILL SIMPLY JACK UP THE RENT

                    FROM THE PREFERENTIAL RENT NUMBER TO A VERY HIGH NUMBER.  WE'RE

                    CHANGING THAT HERE TODAY.  AND ONE OF THE OTHER THINGS WE'RE DOING, IT'S

                    ACTUALLY ONE OF THE -- ONE OF THE BILLS IN THIS PACKAGE THAT I HAD

                    ORIGINALLY, WHICH IS TO DEAL WITH THE RENT OVERCHARGE LOOK-BACK.  RIGHT

                    NOW, IF A LANDLORD OVERCHARGES AND YOU MOVE INTO AN APARTMENT SOME

                    YEARS LATER - AND I'M NOT SAYING THE LANDLORD WAS COMMITTING FRAUD,

                    ALTHOUGH THAT COULD HAVE BEEN THE CASE - BUT SIMPLY A MISTAKE AND IT

                    HAPPENED FOUR-AND-A-HALF YEARS AGO, YOU CAN'T DO ANYTHING ABOUT IT.

                    YOU CAN'T GET THAT MISTAKE CORRECTED.  WE CHANGED THAT.  WE MAKE THE

                    LOOK-BACK PERIOD A SIX-YEAR STATUTE OF LIMITATIONS, AND THERE'S EVEN A

                    FURTHER LOOK-BACK UNDER CERTAIN CIRCUMSTANCES.  SO WHEN YOU TAKE

                    THESE ISSUES TOGETHER, WHAT IT MEANS IS THAT THESE ENORMOUS RENT

                    INCREASES, WHICH IS THE SINGLE BIGGEST CAUSE OF HOMELESSNESS IN NEW

                    YORK, WON'T BE HAPPENING TO THE DEGREE THAT THEY HAVE BEEN HAPPENING

                    FOR THE PAST 20 OR 25 YEARS.  THIS IS GOING TO PROTECT PEOPLE THAT WE

                    REPRESENT, AND I CAN TELL YOU THAT REPRESENTING MY DISTRICT, THE FOUR

                    DISTRICTS IN THE WEST BRONX -- MINE, ASSEMBLYMAN RIVERA'S, JOYNER'S

                    AND PICHARDO'S -- WE HAVE PERHAPS THE HIGHEST OR ONE OF THE HIGHEST

                    CONCENTRATION OF RENT- REGULATED APARTMENTS ANYWHERE IN THE CITY.  AND

                                         74



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SO WE HAVE A HUGE NUMBER OF PEOPLE WHO ARE GOING TO BENEFIT FROM US

                    SIMPLY LEVELING THE PLAYING FIELD AND HAVING THAT PENDULUM SWING BACK

                    TO THE MIDDLE WHERE IT SHOULD BE.  SO LANDLORDS, YES, THEY'LL STILL BE ABLE

                    TO MAKE A PROFIT.  I MEAN, WHEN I HEAR PEOPLE WHINING AND

                    COMPLAINING, NO, THEY'RE GOING TO MAKE LOTS OF MONEY.  THEY JUST MAY

                    NOT MAKE QUITE AS MUCH MONEY, AND THAT'S MONEY THAT'S GOING TO BE IN

                    THE POCKETS OF AVERAGE NEW YORKERS WHO ARE TRYING TO LIVE AND STAY IN

                    THE CITY AND BE ABLE TO AFFORD TO HAVE THEIR OWN APARTMENT.

                                 SO I'M VERY -- AFTER ALL THESE YEARS, AFTER ALL THESE

                    YEARS, I AM SO ECSTATIC THAT WE ARE FINALLY DOING THIS.  I'M THANKFUL TO --

                    TO OUR CHAIR, TO OUR SPEAKER, AND EVERYBODY BECAUSE I KNOW THIS IS A

                    PACKAGE THAT A LOT OF PEOPLE PARTICIPATED IN.  THIS IS GOING TO MAKE LIFE

                    BETTER FOR PEOPLE IN OUR DISTRICTS AND PEOPLE IN THE STATE.  SO I WOULD

                    STRONGLY URGE A YES VOTE.

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON.

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

                    RISE TODAY EXTREMELY EMOTIONAL BECAUSE OF THE IMPACT THAT THIS HOUSING

                    PACKAGE BILL WILL MAKE ON THE GROUND IN COMMUNITIES ACROSS THE STATE

                    OF NEW YORK.  AS YOU KNOW, MR. SPEAKER, I PROUDLY REPRESENT THE

                    43RD ASSEMBLY DISTRICT WHICH ENCOMPASS THE COMMUNITIES OF CROWN

                    HEIGHTS, PROSPECT LEOPARD GARDENS AND EAST FLATBUSH, BROOKLYN.

                    GROUND ZERO FOR GENTRIFICATION AND GROUND ZERO FOR DISPLACEMENT.  I

                    WANT TO CREATE A SCENARIO.  NOT A HYPOTHETICAL ONE, BUT ONE THAT IS VERY

                    REAL FOR THE RESIDENTS THAT I REPRESENT WHO ARE SUFFERING WITH

                    PREFERENTIAL RENTS.  WHO UPON RENEWAL OF THEIR LEASE CAN SEE UPWARDS --

                                         75



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AN UPWARD TICK OF $3- TO $5- TO $600 IN JUST ONE RENTAL INCREASE.  I'M

                    TALKING ABOUT INDIVIDUALS WHO HAVE TO CHOOSE CONSTANTLY BETWEEN

                    PAYING THE RENT OR FOOD, LET ALONE PAYING THE RENT AND PRESCRIPTIONS.  I

                    REPRESENT, MR. SPEAKER, A COUNTY -- A DISTRICT WITHIN A COUNTY WHERE WE

                    HAVE THE SECOND-HIGHEST CONCENTRATIONS OF EVICTION.  THAT MEANS THAT

                    EVERY SINGLE DAY AT HOUSING COURT AT 141 LIVINGSTON STREET, SOMEONE

                    WHO I REPRESENT IS STANDING ON THAT LINE.  THEY'RE STANDING ON THAT LINE

                    FROM THE VERY LAWS THAT WE HAVE PUT ON THE BOOKS HERE IN THE STATE

                    LEGISLATURE, THE VERY LAWS THAT WE WILL REFORM TODAY.  WE HAVE BEEN

                    SUBJECTED TO ABUSE BY PROGRAMS THAT WERE SUPPOSED TO HELP TO, YOU

                    KNOW, PROTECT OUR RENTAL STOCK, BUT BY GREEDY LANDLORDS AND GREEDY

                    DEVELOPERS, IT WAS ABUSED.  I'M TALKING DIRECTLY, MR. SPEAKER, ABOUT

                    MCIS, THE CRIMINALITY OF IT.  I'M SO PROUD WITH THIS BILL THAT WE HAVE

                    LOWERED THE CAP TO 2 PERCENT STATEWIDE.  MR. SPEAKER, THE MOST ABUSED

                    PROGRAM IN THE STATE OF NEW YORK, INDIVIDUAL APARTMENT

                    IMPROVEMENTS, IAIS.  WE GOT REFORM ON THAT HERE TODAY.  WHERE YOU

                    WILL ONLY BE ABLE TO TAKE THREE IAIS OVER A 15-YEAR PERIOD.  AND GUESS

                    WHAT?  YES, IT IS CAPPED AT $15,000 BECAUSE, NO, MR. SPEAKER, A TOILET

                    SHOULD NOT COST $3,000.  THEN ON TOP OF JACKING UP THE RENTS TO

                    DISPLACE LONGTIME RESIDENTS FOR, GUESS WHAT, MR. SPEAKER, PEOPLE WHO

                    DO NOT LOOK LIKE ME, BECAUSE LET'S JUST TALK ABOUT THE RACISM THAT'S IN

                    HOUSING.  AFTER YOU DISPLACE THE TENANT OUT OF THEIR HOME, GOOD FOR

                    YOU, LANDLORD, YOU GET A 20 PERCENT BONUS FOR KICKING SOMEONE OUT.

                    WELL, WE HAVE ENDED THAT TODAY.  THERE WILL BE NO MORE VACANCY

                    BONUS, AND THERE WILL BE NO MORE VACANCY DECONTROL.  I HEAR PEOPLE

                                         76



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    TALKING ABOUT IT HERE TODAY, THAT THE LANDLORDS ARE GOING TO SUFFER, THE

                    BUILDINGS WILL FALL IN DISREPAIR.  BUT I'M HERE TO PUT IT ON THE RECORD THAT

                    THE BUILDINGS ARE ALREADY IN DISREPAIR.  WE HAVE MOLD, WE HAVE ALL KIND

                    OF THINGS THAT ARE GOING ON IN BUILDINGS -- STOP CLAPPING -- WE HAVE SO

                    MANY THINGS THAT ARE GOING ON IN BUILDINGS THAT IS DESPICABLE HOUSING

                    CONDITIONS THAT NONE OF THESE PEOPLE WILL WANT THEIR MOTHERS TO LIVE IN,

                    BUT THEY THINK IT'S FIT FOR OUR CONSTITUENTS TO LIVE IN IT.  AND TODAY WE

                    SAY NO MORE.  AND YOU KNOW, WHAT MR. SPEAKER?  LET ME JUST SAY

                    THANK YOU.  I WANT TO SEE HIM.  THANK YOU FOR YOUR COURAGE.  THANK

                    YOU FOR YOUR COURAGE.  THANK YOU FOR YOUR COURAGE FOR BRINGING A BILL

                    LIKE THIS TO THE FLOOR.  I WAS ELECTED IN 2015, AND WHEN I REACHED HERE

                    TO THE NEW YORK STATE LEGISLATURE, IT WAS TO MY DISMAY AT WHERE WE

                    WERE WITH THE HOUSING LAWS IN 2015.  WE DIDN'T GET ANY REAL CHANGES,

                    MINIMAL FAKE CHANGES THAT DID NOTHING BUT, YOU KNOW, GLOSS THE

                    SURFACE JUST TO SAY WE DID SOMETHING.  AND I WAS A DEPRESSED

                    LEGISLATOR.  YOU WANT TO KNOW WHY I WAS MAD?  BECAUSE EVERY SINGLE

                    DAY I WOULD GO BACK HOME AFTER BEING UP HERE SERVING, AND I'M LOOKING

                    AT MY COMMUNITY FALL APART.  MY COMMUNITY'S FALLING APART.  MY

                    RESIDENTS ARE COMING INTO THE OFFICE ASKING US FOR HELP AND I COULD DO

                    NOTHING FOR THEM.  I THANK YOU, CARL HEASTIE.  I THANK YOU.  I THANK YOU

                    BECAUSE THIS IS REAL TO THE 43RD ASSEMBLY DISTRICT.  WE HAVE TAKEN

                    GREAT REFORMS WITH THE LOOK-BACK.  WE'RE NOT GOING ONLY LOOK BACK FOUR

                    YEARS, NOW WE'RE GOING TO LOOK BACK SIX YEARS NOW.  WE'RE GOING TO

                    GIVE PEOPLE OPPORTUNITY TO REALLY RIGHT THE WRONGS AND EMPOWER HCR

                    TO TAKE ACTION AND ENFORCEMENT FOR ALL OF THE BAD ACTORS.  WE ARE

                                         77



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    EXPANDING THE ETPA ACROSS THE STATE OF NEW YORK BECAUSE TO ALL OF

                    OUR UPSTATE, UPSTATE, UPSTATE, UPSTATE, UPSTATE ALLIES, I WANT YOU TO

                    KNOW THAT WE LOVE YOU, AND I'M FROM BROOKLYN AND I LOVE YOU AND WE

                    WILL SUPPORT YOU AND WE WILL ADVOCATE FOR YOU AND WE WILL CONTINUE

                    THIS FIGHT FOR YEARS AND YEARS AND YEARS TO COME.  AND SO WE DID NOT

                    GET ALL OF GOOD CAUSE EVICTION, BUT WE GOT ELEMENTS OF IT, AND WE WILL

                    CONTINUE TO KEEP PRESSING.  WE HEARD YOUR VOICES, AND WE PROMISE YOU

                    TO CONTINUE THE FIGHT FOR YOU.

                                 TODAY WE ARE SAYING, NO MORE, AND WE ARE PUTTING IT

                    ON THE RECORD.  THERE'S GOING TO BE NO MORE BLACKLISTING.  THERE WILL BE

                    NO MORE DISPLACEMENT, DISENFRANCHISEMENT.  WE SAY YES TO

                    TRANSPARENCY.  WE SAY YES TO HOUSING STABILITY.  WE SAY YES TO THE

                    EMPOWERMENT OF OUR COMMUNITY WITH PROSPERITY.  BECAUSE WE DESERVE

                    HOUSING JUSTICE FOR ALL.  NOT JUST FOR SOME, MR. SPEAKER, BUT FOR ALL.  OH

                    GOD.

                                 (LAUGHTER)

                                 I WANT TO SPEAK DIRECTLY TO THE RESIDENTS OF THE 43RD

                    ASSEMBLY DISTRICT, AND I WANT TO TELL THEM HOW MUCH I LOVE YOU.  I

                    DON'T CLAIM TO BE PERFECT AS A LEGISLATOR.  I SHOW UP EVERY DAY,

                    EVERYWHERE, JUST DIANA RICHARDSON, AND I THANK YOU GUYS FOR LOVING

                    ME.  THERE'S -- THERE'S NOTHING GREATER THAN THIS MOMENT FOR ME TO BE

                    ABLE TO HAVE WORKED WITH SOME OF THE MOST DYNAMIC COLLEAGUES IN THIS

                    HOUSE WHO SHOWED A SPIRIT OF RESILIENCY.  EVEN WHEN WE FELT LIKE WE

                    WERE LOSING, WE STILL KEPT GOING.  AND IT WAS THEM, ALONGSIDE YOU GUYS

                    WHO LOVED ME, THAT ALLOWED US TO BE HERE TODAY.  WE ARE GOING TO BE

                                         78



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CHANGING LIVES.  BECAUSE THERE'S A RECIPE TO HOMELESSNESS, AND THERE'S A

                    RECIPE TO DISPLACEMENT, AND TODAY WE JUST REMIXED THAT RECIPE AND

                    WE'RE SERVING A NEW MEAL.

                                 SO LET ME TELL -- LET ME SAY THIS TO ALL THOSE WHO ARE

                    GOING TO BE WHAT WE SAY IN THE COMMUNITY "BIG MAD."  OH, WELL.  I SAY

                    OH, WELL.  OH, WELL.  BECAUSE IN THESE CHAMBERS [SIC] AND IN THESE

                    HALLS, THE INFLUENCE HAS SWUNG JUSTICE IN THE WRONG DIRECTION FOR FAR TOO

                    LONG, AND NOW WE HAVE A CRISIS ON OUR HAND.  AND THROUGH YOUR SAME

                    GREED, YOU BREWED A SPIRIT OF NEW LEADERSHIP IN SO MANY OF US WHO ARE

                    HERE, AND WE ARE VERY UNAPOLOGETIC AND WE ARE VERY UNAFRAID.  SO BRING

                    ON WHATEVER YOU GOT AFTER THIS, BECAUSE WE ARE READY FOR THE BATTLE.

                                 I WANT TO SAY THANK YOU.  THANK YOU TO EVERYONE WHO

                    SUPPORTED US.  THANK YOU FOR EVERYONE WHO STOOD TALL.  THANK YOU FOR

                    EVERYONE FOR ALL OF YOUR ENCOURAGEMENT.  IT'S BECAUSE OF YOU.  IT'S

                    BECAUSE OF YOUR LOVE.  IT'S BECAUSE OF YOU SHOWING UP AND ENCOURAGING

                    US AND SHARING YOUR STORIES AND NOT BEING AFRAID TO TESTIFY AND PUT IT ON

                    THE RECORD, EVEN WHEN IT FELT LIKE WE WERE NOT GOING TO WIN.  IT WAS

                    BECAUSE OF YOU.  YOU UPLIFTED US IN THE TIMES WHERE WE WERE LOW, AND

                    THAT WE ARE HERE TODAY.

                                 I SAY THANK YOU, MR. SPEAKER.  I SAY THANK YOU, MR.

                    SPEAKER.  I SAY THANK YOU, MR. SPEAKER.  AND WITH THAT I VOTE IN THE

                    AFFIRMATIVE.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  THANK YOU.  THANK

                    YOU.  PLEASE, ABSTAIN.

                                         79



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. MONTESANO.  I DON'T KNOW WHY YOU WANT TO DO

                    THAT.

                                 (LAUGHTER)

                                 MR. MONTESANO:  THANK YOU, MR. SPEAKER.  WILL

                    THE SPONSOR YIELD, PLEASE?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 MR. MONTESANO:  MOST OF MY QUESTIONS HAVE TO

                    DO WITH THE MODULAR HOMES, BUT JUST BEFORE I GET TO THAT I JUST HAVE A

                    QUESTION.  ONE OF THE AMENDMENTS THAT'S BEING MADE IS TO REAL

                    PROPERTY ACTIONS AND PROCEEDINGS LAW REGARDING EVICTION

                    PROCEEDINGS.  AND I KNOW THIS PARTICULAR PROVISION IS LIMITED TO THE

                    HOUSING COURTS IN THE CITY OF NEW YORK.  BUT IN THERE IT ALLOWS JUDGES

                    TO ISSUE A STAY OF EVICTION FOR UP TO ONE YEAR WHEN A TENANT CANNOT FIND

                    SUITABLE HOUSING IN THE SAME NEIGHBORHOOD OR THE -- OR THE EVICTION

                    WOULD CAUSE AN EXTREME HARDSHIP.  AND I JUST WANTED TO ASK, DURING

                    THAT ONE-YEAR PERIOD THAT THE JUDGE STAYS THE EVICTION, DOES THE TENANT

                    HAVE TO PAY USE AND OCCUPANCY TO THE LANDLORD?

                                 MR. CYMBROWITZ:  YES.

                                 MR. MONTESANO:  NOW MOVING OVER TO THE

                    MODULAR HOME.  WELL, JUST LET ME BACK UP FOR A SECOND.  IF THE EVICTION

                    WAS BROUGHT ON FOR A NONPAYMENT BECAUSE THE TENANT DIDN'T HAVE THE

                    ABILITY TO PAY, WHAT WOULD HAPPEN IN THAT ONE-YEAR PERIOD?  IN OTHER

                    WORDS, IS THE STAY OF THE EVICTION ONLY PREDICATED ON THEIR ABILITY TO PAY

                                         80



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THE RENT PER YEAR?

                                 MR. CYMBROWITZ:  THERE'S JUDICIAL DISCRETION AT

                    THAT POINT.

                                 MR. MONTESANO:  OKAY.  THANK YOU.  NOW,

                    REGARDING MODULAR HOMES, AND THERE'S A LOT ON IT.  NOW, WHEN WE TALK

                    ABOUT MODULAR HOMES, ARE YOU SPEAKING ABOUT THOSE HOMES THAT ARE,

                    LIKE, ON THE CONCRETE BLOCKS AND THEY'RE SITTING ON LAND, CORRECT?

                                 MR. CYMBROWITZ:  YES.  THOSE -- THOSE ARE THE

                    HOMES THAT PEOPLE LIVE AND DO NOT OWN -- THEY -- THEY OWN THE

                    BUILDING, THEY OWN THE MODULAR HOME, BUT THEY DON'T OWN THE LAND.

                                 MR. MONTESANO:  OKAY.  SO ESSENTIALLY, THEY

                    HAVE A GROUND LEASE TO PUT THEIR HOME ON.  AM I CORRECT?

                                 MR. CYMBROWITZ:  THEY'RE -- THEY'RE PAYING RENT

                    --

                                 MR. MONTESANO:  OKAY.

                                 MR. CYMBROWITZ:  -- TO THE LANDLORD OF THAT

                    PROPERTY.

                                 MR. MONTESANO:  OKAY.  AND AS PART OF THAT RENT,

                    DOES THE LANDLORD PROVIDE THE ELECTRIC SERVICE AND SANITARY SERVICE?

                                 MR. CYMBROWITZ:  NO.  ALL THEY SUPPLY IS THE

                    HOOK-UP, BUT THE -- THE TENANT STILL PAYS THE RENT.  I'M SORRY, STILL PAYS

                    THE ELECTRICAL BILL.

                                 MR. MONTESANO:  OKAY.  SO NOW BECAUSE THESE

                    MODULAR HOMES ARE REALLY NOT CONSIDERED REAL PROPERTY - THEY HAVE A

                    TITLE FROM THE DEPARTMENT OF MOTOR VEHICLES AS PROOF OF OWNERSHIP - IT

                                         81



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SEEMS LIKE WE'RE CREATING A LANDLORD-TENANT RELATIONSHIP OR, YOU KNOW,

                    IN ORDER TO EFFECTUATE THEIR STAY THERE, THAT DOESN'T EXIST.  LIKE, THESE

                    PLACES, THEY HAVE A LEASE FOR THEIR GROUND TO RENT THE GROUND, AND THAT'S

                    ESSENTIALLY IT.  WHAT I SEE SOME AMENDMENTS TO THE LAW IS DOING HERE IS

                    THAT -- SO I'LL BRING OUT THE POINT WITH THE OWNERSHIP.  THEY RENT TO BUY.

                    SO THE RENT TO BUY, I BELIEVE - AND PLEASE CORRECT ME IF I'M WRONG - HAS

                    TO DO WITH THE MOBILE UNIT ITSELF OR DOES IT AFFECT THE GROUND PORTION?

                                 MR. CYMBROWITZ:  YES, IT'S THE MOBILE UNIT ITSELF.

                                 MR. MONTESANO:  OKAY.

                                 MR. CYMBROWITZ:  BUT THIS IS ALL UNDER SECTION

                    233.

                                 MR. MONTESANO:  OKAY.

                                 MR. CYMBROWITZ:  SO THIS IS A LANDLORD-TENANT

                    RELATIONSHIP.

                                 MR. MONTESANO:  OKAY.  SO, NOW IF THEY -- IT

                    SAYS HERE THAT THE RENT-TO-OWN CONTRACT SHALL BE IN WRITING.  BUT PRIOR TO

                    THIS, UNDER THIS PROVISION OF LAW, BECAUSE THEY RENT TO BUY OR JUST RENT

                    THE UNIT ITSELF, JUST AS A RENTER, IT -- DOES IT CREATE A LANDLORD-TENANT

                    RELATIONSHIP?

                                 MR. CYMBROWITZ:  YES.  THE -- WITH THE RENT-TO-

                    BUY, WHAT -- WHAT YOU HAVE IS HOW MUCH YOU'RE PAYING IN RENT, AND

                    THEN HOW MUCH YOU'RE PAYING --

                                 MR. MONTESANO:  TOWARDS THE UNIT PRICE.

                                 MR. CYMBROWITZ:  -- TO RENT TO BUY.

                                 MR. MONTESANO:  OKAY.  BUT IN A CASE WHERE A

                                         82



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    PERSON IS JUST RENTING THE UNIT, THEY'RE NOT -- THEY'RE NOT RENTING TO BUY,

                    THEY'RE JUST RENTING IT, IS THAT UNDER THE LAW CURRENTLY, A LANDLORD-TENANT

                    RELATIONSHIP?

                                 MR. CYMBROWITZ:  YES.

                                 MR. MONTESANO:  OKAY.  NOW.... JUST BEAR WITH

                    ME ONE SECOND BECAUSE I LOST MY SPOT.  OKAY.  SO ANYWAY, UNDER THIS

                    BILL IT SAYS THAT ALL RENT INCREASES, INCLUDING FEES, RENTS, CHARGES,

                    ASSESSMENTS AND UTILITIES SHALL BE SUBJECT TO JUDICIAL CHALL -- CHALLENGE.

                    DOES THAT MEAN THAT IF A LANDLORD GIVES NOTICE TO THE TENANT THAT THERE'S

                    GOING TO BE AN INCREASE IN ONE OF THESE FEES, THAT AUTOMATICALLY THE

                    TENANT COULD GO INTO COURT AND CHALLENGE THAT INCREASE?

                                 MR. CYMBROWITZ:  NO.  YOU'RE ENTITLED -- WHAT

                    WE HAVE DONE FOR THE FIRST TIME IS PUT A 3 PERCENT CAP ON ANNUAL

                    INCREASES.  THAT NEVER EXISTED BEFORE.  SO THAT THE OWNERS OF THAT -- OF

                    THAT PROPERTY CAN JUST PUT ANY TYPE OF INCREASE WHATSOEVER.  SO WE PUT

                    A 3 PERCENT CAP.  IN ADDITION, THAT IF THERE'S ANYTHING ABOVE 3 PERCENT

                    BUT LESS THAN 6 PERCENT, THEN THE TENANT CAN THEN GO TO COURT TO

                    CHALLENGE THAT INCREASE.

                                 MR. MONTESANO:  OKAY.  AND IF THE LANDLORD CAN

                    SUBSTANTIATE THE INCREASE BECAUSE MAYBE THERE'S TAX INCREASES OR

                    WHATEVER THE CASE MAY BE, WILL HE BE ENTITLED TO COLLECT THE INCREASE?

                                 MR. CYMBROWITZ:  IF -- IF ONCE THEY GO TO COURT

                    AND THE JUDGE MAKES THAT DECISION, YES.

                                 MR. MONTESANO:  OKAY.  ALL RIGHT.  NOW, ALSO

                    YOU HAVE IN HERE THAT IN THE EVENT -- MR. SPEAKER, MR. SPEAKER, I CAN'T

                                         83



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HEAR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  SHH.

                    LADIES AND GENTLEMEN, LOOKS LIKE SOME FOLKS IN THE BACK THERE MAY BE

                    A LITTLE DISTRACTED.

                                 MR. MONTESANO:  IN THE EVENT THAT THE -- WE HAVE

                    A -- YOU HAVE A PROVISION NOW I UNDERSTAND THAT'S WHERE THE PARK

                    OWNER CHANGES THE USE OF LAND AND HE SEEKS TO EVICT A MANUFACTURED

                    HOMEOWNER, IT SAYS THE OWNER MUST PROVIDE THE MANUFACTURED

                    HOMEOWNER A STIPEND OF $15,000 PRIOR TO THE EXECUTION OF A WARRANT

                    FOR EVICTION.  NOW, WHY WOULD HE HAVE TO DO THAT?

                                 MR. CYMBROWITZ:  WELL, THAT'S FOR THE COST OF --

                    OF MOVING THEIR MOBILE HOME.  IT'S $15,000 OR THE COURT -- OR AN

                    AMOUNT DETERMINED BY THE COURT.  IT COULD BE LESS, IT COULD BE MORE.

                                 MR. MONTESANO:  ALL RIGHT.  BUT ONE OF THE ISSUES

                    WE HAVE IS, SO THE MODULAR HOMES ARE NOT REALLY -- IN THE SENSE,

                    ANYWAY -- PERMANENT FIXTURES.  IT'S SOMETHING THAT YOU COULD HOOK UP

                    TO A TRAILER.  IF IT HAS THE WHEELS ON IT, YOU COULD ROLL IT AWAY.  SOME OF

                    THEM, OF COURSE, ARE MOUNTED ONTO CINDERBLOCKS.  BUT THEY ARE WHAT

                    THEY ARE.  THEY'RE NOT REALLY REAL PROPERTY, THEY'RE MOBILE HOMES AND

                    THEY HAVE A DMV TITLE.  IF THE PROPERTY OWNER DECIDES HE WANTS TO TAKE

                    HIS LAND -- AND LET'S JUST PRETEND FOR A MOMENT THERE'S 100 MOBILE

                    HOMES ON THERE, AND HE THINKS THAT HE CAN REDEVELOP HIS LAND FOR A, I

                    DON'T KNOW, RETAIL BUILDING OR ANY KIND OF CONSTRUCTION HE WANTS TO PUT

                    ON THERE, IT'S HIS PROPERTY.  WHY SHOULD HE HAVE TO PAY PEOPLE IF HE

                    GIVES THEM THE PROPER NOTICE, HEY, LOOK, I'M NOT RENEWING YOUR LEASES

                                         84



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AND YOU HAVE TO MOVE.  WHY DOES HE HAVE TO PAY THEM ANY DAMAGES OR

                    FEES TO MOVE AWAY?

                                 MR. CYMBROWITZ:  WELL, I THINK WE'RE TALKING

                    ABOUT TWO DIFFERENT TYPES OF -- OF PROPERTY.  WE'RE NOT TALKING ABOUT A

                    MOBILE HOME IN THE SENSE THAT THEY HAVE WHEELS.  THESE ARE

                    MANUFACTURED HOMES THAT ARE -- DO NOT HAVE WHEELS, THEY ARE PLACED ON

                    -- ON -- ON BLOCKS AND IS A RESIDENCE.  IT'S A PERMANENT RESIDENCE.  THEY

                    CAN'T PICK UP THEIR HOME AND JUST MOVE IT SOME PLACE ELSE.

                                 MR. MONTESANO:  OKAY.  BUT IN THE CASE OF -- AND

                    IN THAT SCENARIO, STILL, WHY DOES THE LANDLORD HAVE TO PAY THE TENANT TO

                    MOVE?  WHY DOES HE HAVE TO PAY THOSE COSTS FOR?  IT'S HIS PROPERTY.  IF

                    HE DECIDES TO CHANGE THE USE -- I MEAN, THAT COULD GO TO ANY BUILDING

                    THAT WE HAVE -- A REGULAR BUILDING, ALSO.  THE LANDLORD DECIDES, YOU

                    KNOW WHAT?  I'M GOING TO HAVE MY TENANTS MOVE OUT, I'M GOING TO TAKE

                    THE BUILDING DOWN AND PUT SOMETHING ELSE UP.  WHY DOES HE HAVE TO

                    PAY, LIKE, A PENALTY TO THE TENANTS TO HAVE THEM MOVE?

                                 MR. CYMBROWITZ:  BECAUSE THIS IS THEIR HOME.

                                 MR. MONTESANO:  OKAY.  BUT IT'S ALSO HIS

                    PROPERTY.  AND -- AND -- AND THE REASON WHY I BRING THAT OUT IS WHILE

                    MANY OF THE THINGS HERE, YOU KNOW, ARE GOING TO PROVIDE SOME RELIEF TO

                    TENANTS, MANY OF THESE THINGS ARE GOING A STEP TOO FAR, ALMOST TO BE A

                    DEPRIVATION OF THE LANDLORD'S PROPERTY.  IT'S ALMOST A TAKING OF THE PROP

                    -- OF HIS PERSONAL PROPERTY BY GOVERNMENT.  YOU KNOW, AND SO WHERE

                    DO WE DRAW THE LINE WHEN WE -- LISTEN, WE HAD A SITUATION RIGHT OUTSIDE

                    MY DISTRICT, OKAY, IN -- IN -- ON JERICHO TURNPIKE THERE WAS A BIG

                                         85



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MOBILE HOME PARK THERE FOR YEARS, AND THE GUY DECIDED, YOU KNOW

                    WHAT?  I DON'T WANT TO DO THIS ANYMORE.  THE BETTER USE FOR MY

                    PROPERTY IS TO SELL IT TO A DEVELOPER, LET HIM PUT SOME HOUSING THERE.

                    AND THIS CASE DRAGGED OUT FOR TWO OR THREE YEARS.  PEOPLE DEMANDED ALL

                    KIND OF PAYMENTS AND EVERYTHING.  WHY SHOULD A PROPERTY OWNER BE

                    SUBJECT TO THAT WHEN HE WANTS TO DEVELOP HIS OWN PROPERTY?

                                 MR. CYMBROWITZ:  WE DIDN'T COME UP WITH A

                    NUMBER OUT OF THIN AIR.  THIS WAS THE RESULT OF MEETINGS THAT WE HAD

                    WITH THE MANUFACTURED HOMES ASSOCIATION, WITH HCR, WITH THE

                    ATTORNEY GENERAL'S OFFICE, AND WITH SOME OF MY COLLEAGUES HERE WHO

                    HAVE ADVOCATED STRONGLY FOR THE MANUFACTURED HOMES.  AND THIS ISN'T --

                    THESE -- THESE ARE RULES THAT WE CAME UP WITH TOGETHER, AND THAT DOLLAR

                    AMOUNT WAS SOMETHING THAT -- THAT WAS AGREED TO.

                                 MR. MONTESANO:  THANK YOU, MR. CHAIRMAN.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS YET AGAIN.

                    WE SHOULD CALL THE GOVERNMENTAL OPERATIONS COMMITTEE TO THE

                    SPEAKER'S CONFERENCE ROOM.  MS. TITUS WILL BE ON HER WAY.

                                 ACTING SPEAKER AUBRY:  GOVERNMENTAL

                    OPERATIONS, SPEAKER'S CONFERENCE ROOM.

                                 MS. BYRNES.

                                 MS. BYRNES:  WILL THE SPEAKER YIELD?  EXCUSE ME --

                                 ACTING SPEAKER AUBRY:  THE SPONSOR WILL

                                         86



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    YIELD.  I NEVER YIELD.

                                 (LAUGHTER)

                                 MS. BYRNES:  MR. SPEAKER, WILL THE SPONSOR YIELD?

                    I'VE BEEN SITTING HERE WAY TOO LONG THIS WEEK.

                                 LET ME START OFF RIGHT WHERE WE JUST LEFT OFF.  WELL,

                    FIRST OF ALL, WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 MS. BYRNES:  OKAY.  STARTING OFF WHERE WE JUST LEFT

                    OFF, MY IMPRESSION IS WHILE WE'VE BEEN -- AND THE STATUTE REFERS TO

                    MANUFACTURED HOME PARKS, YOU'RE NOT -- SO YOU'RE NOT TALKING ABOUT

                    MOBILE HOME PARKS, YOU'RE TALKING ABOUT SOMETHING CALLED A

                    MANUFACTURED HOME PARK?

                                 MR. CYMBROWITZ:  THEY'RE YEAR-ROUND,

                    MANUFACTURED HOME PARKS, YES.

                                 MS. BYRNES:  WELL, I UNDERSTAND, BUT BECAUSE --

                                 MR. CYMBROWITZ:  IT'S LIKE THE ONES THAT -- THAT

                    OUR FRIENDS IN AKRON, NOT FAR FROM YOUR DISTRICT, LIVE IN.

                                 MS. BYRNES:  NO, NO.  I UNDERSTAND, BECAUSE ALL OF

                    THE PARKS I'M FAMILIAR WITH -- WELL, FIRST, THEY DO HAVE SOME

                    MANUFACTURED HOMES, BUT THEN A LOT OF THEM THAT RENT THE SPOTS, THE

                    LAND, ALSO ARE THE HOMES THAT DO HAVE WHEELS UNDERNEATH, THEY'RE

                    MOUNTED ONTO CONCRETE.  AND -- AND THEY ARE, AS WAS REFERRED TO WITH

                    WHEELS UNDERNEATH AND, TECHNICALLY, HAVE DMV TITLES, AND THOSE ARE

                    THE PARKS I THINK WE'RE TALKING ABOUT.  AND THEY USUALLY THEN HAVE

                    EITHER CONCRETE OR METAL PUT AROUND THE EDGE.  THESE ARE PERMANENT

                                         87



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HOMES.  SO I'M JUST TRYING TO DISTINGUISH SO THAT IF THIS LEGISLATION

                    BECOMES LAW, AS I EXPECT IT WILL, SO THAT IF WE HAVE MANUFACTURED

                    HOMES AND MOBILE HOMES ON THE SAME SITES, ARE WE ONLY TALKING ABOUT

                    MANUFACTURED HOMES, NOT MOBILE HOMES?

                                 MR. CYMBROWITZ:  SECTION 233 APPLIES TO BOTH.

                                 MS. BYRNES:  OKAY.  WHAT IS THIS STATUTE -- SO MAN

                    -- SO WHAT'S THE DEFINITION, THEN, OF A MANUFACTURED HOME FOR THE

                    PURPOSES OF THIS LEGISLATION?

                                 MR. CYMBROWITZ:  OKAY.  UNDER SECTION 2 --

                    233, FOR THE TERM MANUFACTURED HOME MEANS, "A STRUCTURE

                    TRANSPORTABLE IN ONE OR MORE SECTIONS WHICH IN THE TRAVELING MODE IS A

                    BODY -- FEET OR MORE IN WIDTH -- IT GOES -- "... WHEN ERECTED ON SITE IS

                    320 OR MORE FEET."  I MEAN, THERE'S A DEFINITION IN SECTION 233.

                                 MS. BYRNES:  OKAY.  ALL RIGHT.  WHATEVER THAT

                    DEFINITION IS, THAT IS THE TYPE OF HOME THAT IT APPLIES TO AND NONE OTHER?

                                 MR. CYMBROWITZ:  CORRECT.

                                 MS. BYRNES:  ALL RIGHT.  SO IF SOMETHING ELSE MIGHT

                    BE ON THE PROPERTY THAT IS NOT UNDER THAT DEFINITION, THIS LAW WON'T

                    CONTROL THAT PROPERTY, CORRECT?

                                 MR. CYMBROWITZ:  THIS LAW WOULD WHAT?  I'M

                    SORRY.

                                 MS. BYRNES:  THIS LAW WOULD NOT CONTROL IF ANOTHER

                    TYPE OF UNIT WAS SITTING ON THE PROPERTY.

                                 MR. CYMBROWITZ:  NO, IT WOULD NOT APPLY.  NO.

                                 MS. BYRNES:  ALL RIGHT.  NOW, I WANTED TO ALSO GET

                                         88



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    INTO THE DEFINITION OF A MANUFACTURED HOME SELLER TO SEE IF THAT'S PART OF

                    THE RENT-TO-OWN.  OBVIOUSLY, BEFORE A MANUFACTURED HOME ENDS UP ON

                    ITS SITE, YOU'VE PURCHASED THE HOME FROM A SELLER.  RARELY ARE THEY

                    ALREADY ON THE SITE.  SO DOES THIS MEAN THAT YOU CAN ENGAGE IN A RENT-

                    TO-OWN CONTRACT WITH THE MANUFACTURED HOME SELLER?

                                 MR. CYMBROWITZ:  NO.

                                 MS. BYRNES:  SO THE HOME ALREADY HAS TO BE ON A

                    SITE, AT A PARK, AND THEN IF SOMEBODY DECIDES TO RENT THAT UNOCCUPIED

                    PLACE, THIS LAW APPLIES.

                                 MR. CYMBROWITZ:  YES.

                                 MS. BYRNES:  OKAY.  NOW TALKING FOR A SECOND

                    ABOUT THE LEGALITY OF RENT-TO-OWN, THE STATUTE OBVIOUSLY TALKS A LOT ABOUT

                    RENT-TO-OWN AND ALL OF THE REQUIREMENTS FOR EVICTION AND THINGS OF THAT

                    NATURE, BUT THE STATUTE NEVER ACTUALLY SAYS THAT RENT-TO-OWN IS LEGAL.  IS

                    RENT-TO-OWN LEGAL IN OUR STATE?  FOR MANUFACTURED HOMES ON THESE

                    SITES.

                                 MR. CYMBROWITZ:  IT'S ALREADY HAPPENING.  IT'S

                    UNREGULATED.

                                 MS. BYRNES:  AND I KNOW IT'S HAPPENING.  IS IT

                    LEGAL?

                                 MR. CYMBROWITZ:  IT'S LEGAL, BUT IT'S UNREGULATED.

                                 MS. BYRNES:  OKAY.

                                 MR. CYMBROWITZ:  AND THAT'S WHY WE'RE DOING

                    THIS.

                                 MS. BYRNES:  BECAUSE I DO HAVE A NUMBER OF

                                         89



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MANUFACTURED HOME SITES WITHIN MY DISTRICT, AND MY UNDERSTANDING IS

                    THAT A NUMBER OF THEM HAVE BEEN THREATENED BY THE ATTORNEY GENERAL'S

                    OFFICE WITH CRIMINAL PROSECUTION BECAUSE THE ATTORNEY GENERAL'S OFFICE

                    HAS TOLD THEM UNDER THREAT OF PROSECUTION THAT RENT-TO-OWN IS A

                    VIOLATION OF THE FEDERAL BANKING LAWS.  ARE YOU AWARE OF THAT, SIR?

                                 MR. CYMBROWITZ:  THE ATTORNEY GENERAL HELPED

                    US DRAFT THIS LEGISLATION, THIS PART OF THE LEGISLATION.  SO THEY'RE VERY

                    AWARE OF -- OF -- OF MANUFACTURED HOMES.

                                 MS. BYRNES:  OKAY.  DID THEY TELL YOU THAT THEY --

                                 MR. CYMBROWITZ:  THEY MIGHT -- THEY MIGHT BE

                    -- YOU KNOW, THEY -- MY -- MY THOUGHT WOULD BE THAT THEY ARE SAYING

                    THIS BECAUSE THEY MIGHT BE INVESTIGATING BAD PRACTICES WITHIN THE PARK.

                                 MS. BYRNES:  AND THAT MIGHT VERY WELL BE.  SO

                    GOING BACK TO IT, IF THEY HAD TOLD THESE PARKS THAT IT IS ILLEGAL UNDER

                    FEDERAL LAW AND THAT THEY WOULD BE PROSECUTED BY THE ATTORNEY

                    GENERAL OF NEW YORK STATE, IS A VIOLATION OF LAW -- BANKING LAWS FOR

                    THEM TO ENGAGE IN THIS PRACTICE, WOULD THE ATTORNEY GENERAL'S OFFICE

                    HAVE BEEN WRONG IN TELLING THEM THAT?

                                 MR. CYMBROWITZ:  I THINK IT WOULD BE A MISTAKE

                    ON MY PART TO TALK ABOUT WHAT THE ATTORNEY GENERAL'S OFFICE IS DOING,

                    WHY IT'S INVESTIGATING.  AND THAT'S SOMETHING THAT THE PARK OWNER --

                    EITHER YOU OR THE PARK OWNERS WOULD GET INVOLVED WITH THE ATTORNEY

                    GENERAL'S OFFICE.

                                 MS. BYRNES:  WITH ALL DUE RESPECT, SIR, YOU BROUGHT

                    FORTH THIS VERY INTRICATE LEGISLATION WITH ALL THESE RULES ABOUT

                                         90



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RENT-TO-OWN.  MY QUESTION IS, IS IT LEGAL, IS IT EVEN ALLOWED UNDER NEW

                    YORK STATE LAW?

                                 MR. CYMBROWITZ:  THAT -- THAT IS AN

                    INTERPRETATION THAT THE ATTORNEY GENERAL HAS MADE, THAT IT IS.

                                 MS. BYRNES:  OKAY.  SO YOU ARE AFFIRMATIVELY

                    TELLING US THAT THE ATTORNEY GENERAL AND THE STATE OF NEW YORK, THAT IT

                    IS LEGAL TO ENGAGE IN THIS PRACTICES SO THAT IF MY CONSTITUENTS DO THIS,

                    THEY ARE NOT VIOLATING LAW?

                                 MR. CYMBROWITZ:  NO, WHAT I'M SAYING IS WE

                    HAVE DEFERRED TO THE ATTORNEY GENERAL AND THEIR INTERPRETATION.

                                 MS. BYRNES:  WELL, IF THE ATTORNEY GENERAL SAYS IT

                    IS ILLEGAL, THEN WHY ARE WE WORKING ON THIS LAW?

                                 MR. CYMBROWITZ:  WELL, THAT'S NOT WHAT THE

                    ATTORNEY GENERAL HAS SAID.  THEY -- YOU SAID -- YOU STATED THE FACTS OF

                    THEM INVESTIGATING A PARK OR SEVERAL PARKS.  I CAN'T TELL YOU WHY THEY'RE

                    INVESTIGATING.

                                 MS. BYRNES:  ALL RIGHT.  MOVING ON, YOU WOULD

                    AGREE WITH ME, HOWEVER, THAT RENT-TO-OWN CAN BE A TREMENDOUS BENEFIT

                    TO PEOPLE WHO HAVE POOR CREDIT AND OTHERWISE COULD NOT AFFORD TO

                    ACTUALLY ENGAGE IN HOMEOWNERSHIP?  DO YOU AGREE WITH ME ON THAT?

                                 MR. CYMBROWITZ:  I -- I THINK RENT TO --

                                 MS. BYRNES:  WE CAN AT LEAST AGREE ON THAT.

                                 MR. CYMBROWITZ:  I -- I -- I THINK RENT-TO-OWN IS

                    A TERRIFIC SYSTEM IN WHICH PEOPLE CAN WORK -- CONTINUE TO LIVE IN A

                    MANUFACTURED PARK AND ONE DAY OWN THAT MOBILE HOME.

                                         91



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MS. BYRNES:  A LOT OF TIMES, FREQUENTLY PEOPLE

                    WHO COULDN'T GET A BANK LOAN BECAUSE THEY DON'T HAVE GOOD CREDIT, BUT

                    THEY CAN STILL ACHIEVE THAT AMERICAN DREAM OF HOMEOWNERSHIP THROUGH

                    THIS PROCESS.  CORRECT, SIR?

                                 MR. CYMBROWITZ:  OKAY.

                                 MS. BYRNES:  BUT IN ORDER TO DO IT, YOU'VE GOT TO

                    HAVE PEOPLE WILLING TO RENT-TO-OWN AND COMPANIES WILLING TO DO IT.

                    MY QUESTION IS, IF WE HAVE ESTABLISHED UNDER THE -- THAT IF A

                    MANUFACTURED HOME TENANT -- TENANCY IS TERMINATED, ALL RENT-TO-OWN

                    PAYMENTS MADE DURING THE TERM OF THE CONTRACT SHALL BE REFUNDED.  IS

                    THAT GOING TO BE PART OF THE LAW, SIR?

                                 MR. CYMBROWITZ:  YES.

                                 MS. BYRNES:  SO YOU COULD HAVE SOMEBODY

                    SPENDING $500 A MONTH TO RENT A MANUFACTURED HOME FOR FIVE YEARS,

                    HAVE PAID $30,000 TO THE PARK.  THEY DO SOMETHING TO GET THROWN OUT

                    OF THE PARK, BUT YET, THE PARK HAS TO PAY THEM BACK $30,000.  IS THAT

                    CORRECT?

                                 MR. CYMBROWITZ:  THIS IS IN THE SECTION OF

                    RENT-TO-OWN.  IT'S NOT THE RENT THAT THEY'RE PAYING ON A MONTHLY BASIS.

                    THERE ARE TWO DIFFERENT RENTS THAT ARE BEING PAID.

                                 MS. BYRNES:  BUT I'M SAYING, SIR, YOU INDICATED,

                    THOUGH, THAT THE PAYMENTS MADE DURING THE TERM OF THE CONTRACT SHALL

                    BE REFUNDED.  SO THAT POTENTIALLY $30,000 OVER FIVE YEARS, EVEN IF THERE

                    -- THE TENANT IS THE REASON FOR THE TERMINATION, THAT IT WOULD BE THE PARK

                    THAT WOULD HAVE TO PAY THEM BACK.  THAT'S WHAT IT SAYS, CORRECT?

                                         92



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  THEY WOULD GET THE REFUND OF

                    THE $30,000, BUT WE HAVE TO MAKE IT CLEAR THAT THEY'RE NOT GETTING BACK

                    THE MONTHLY RENT THAT THEY'VE BEEN PAYING DURING THAT PERIOD OF TIME.

                    THERE'S TWO CATEGORIES:  ONE IS THE RENT THAT THEY'RE PAYING, AND THE

                    OTHER IS THE RENT-TO-BUY CATEGORY.

                                 MS. BYRNES:  WE'RE TALKING ABOUT THE RENT-TO-BUY

                    PAYMENTS.

                                 MR. CYMBROWITZ:  YES.

                                 MS. BYRNES:  SO IN OTHER WORDS, THEY WOULD HAVE

                    HAD USE OF THIS HOME FOR FIVE YEARS ULTIMATELY COST-FREE, OTHER THAN JUST

                    RENTING THE LAND UNDERNEATH IT.

                                 MR. CYMBROWITZ:  NO.  REMEMBER, THEY'RE

                    PAYING MONTHLY RENT.

                                 MS. BYRNES:  FOR THE LAND.

                                 MR. CYMBROWITZ:  -- IN ADDITION -- THEY'RE PAYING

                    MONTHLY RENT IN ADDITION TO RENT-TO-BUY DOLLARS.  SO THEY'RE PAYING TWO

                    SUMS OF MONEY.  THE ONE IS TO PAY THEIR MONTHLY RENT, THE OTHER ARE --

                    ARE DOLLARS THAT THEY'RE PAYING TO RENT-TO-BUY.

                                 MS. BYRNES:  OKAY.  IS THE MONTHLY RENT --

                                 MR. CYMBROWITZ:  AND THAT'S THE (INAUDIBLE).

                                 MS. BYRNES:  BUT THE MONTHLY RENT IS THE RENT FOR

                    THE LAND THAT THE HOME IS ON, CORRECT?

                                 MR. CYMBROWITZ:  NO.  IT'S FOR THEM TO LIVE IN --

                    IN THE HOME.

                                 MS. BYRNES:  SO, THEY'RE GOING TO PAY THREE RENTS

                                         93



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    FOR THREE THINGS; RENT FOR THE LAND AND THEN RENT FOR THE HOME, AND THEN

                    ANOTHER ADDITIONAL AMOUNT ON TOP IT TOWARDS THE RENT-TO-OWN?

                                 MR. CYMBROWITZ:  RENT-TO-BUY.

                                 MS. BYRNES:  RENT-TO-BUY.  WELL, BUY AND OWN.

                                 MR. CYMBROWITZ:  BUT THE -- THE TENANT HAS --

                    HAS THE RIGHT TO ENTER INTO AN AGREEMENT IF THAT'S WHAT THEY WANT TO DO.

                    NOBODY'S FORCING THEM TO DO ANYTHING.

                                 MS. BYRNES:  I UNDERSTAND IT.  BUT I'M JUST MAKING

                    SURE THAT ULTIMATELY, THE PERSON WHO'S GOING TO LOSE EVEN IF THE TENANT IS

                    AT FAULT IN THE TERMINATION IS THE PERSON WHO ACTUALLY OWNS THE PARK.

                    THEY'RE THE ONES WHO ARE LOSING OUT HERE OF EVERYTHING.  I MEAN,

                    SHOULDN'T WE WANT TO BE ENCOURAGING PEOPLE TO DO AND ENGAGE IN THIS

                    RENT-TO-OWN AND NOT DISCOURAGING THEM?  BECAUSE IT IS --

                                 MR. CYMBROWITZ:  OH, I AGREE WITH THAT.  I AGREE

                    WITH THAT.  THAT'S -- IT'S --

                                 MS. BYRNES:  ALL RIGHT.  THANK YOU, SIR.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MS.

                    BYRNES.

                                 MR. CARROLL.

                                 MR. CARROLL:  ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. CARROLL:  FOR TOO LONG, OUR RENT LAWS HAVE

                    BEEN TIPPED IN FAVOR OF LANDLORDS.  TODAY WE MAKE SURE THAT STOPS.  BY

                    ELIMINATING VACANCY DECONTROL, THE VACANCY BONUS AND CURTAILING

                                         94



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    PREFERENTIAL RENT DURING THE LEASE TERM AND SEVERELY CURTAILING IAI AND

                    MCI ADJUSTMENTS, WE REBALANCE THE SCALES IN FAVOR OF TENANTS, IN FAVOR

                    OF LONG-TERM RESIDENTS.  WE MAKE IT CLEAR THAT GREED IS NOT GOOD.  WE

                    MAKE SURE THAT INDIVIDUALS WHO HAVE SPENT GENERATIONS IN

                    NEIGHBORHOODS CAN SLEEP AT NIGHT WITHOUT ANXIETY OR FEAR OF BEING

                    DISPLACED.

                                 THIS IS A WONDERFUL BILL FOR ALL OF OUR COMMUNITIES.  IT

                    MAKES SURE THAT COMMUNITIES CAN BE MAINTAINED.  IT MAKES SURE THAT

                    OUR HOUSING STOCK IS PRESERVED, AND IT REBALANCES OUR RENT LAWS IN FAVOR

                    OF TENANTS, IN FAVOR OF FAMILIES.  I HOPE THAT ALL OF MY COLLEAGUES WILL

                    JOIN ME IN SUPPORTING THIS WONDERFUL PIECE OF LEGISLATION, AND I

                    COMMEND THE SPONSOR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. PICHARDO.

                                 MR. PICHARDO:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PICHARDO:  WELL, FIRST OF ALL, THIS IS AN

                    ENORMOUS DAY AND A FANTASTIC DAY FOR TENANTS.  LADIES AND GENTLEMEN,

                    SPEAKER AND MY COLLEAGUES, YOU'VE HEARD THIS (INAUDIBLE) BEFORE.

                    ELECTIONS HAVE CONSEQUENCES.  AND AT THE END OF THE DAY, WHEN TENANTS

                    AND INDIVIDUALS ACROSS THIS STATE ROSE UP AND CHANGED THE OLD GUARD

                    AND PUT IN A NEW GUARD, THIS WAS IMPORTANT FOR THEM AND THEIR

                    PRIORITIES.  BECAUSE THIS IS SOMETHING THAT AFFECTS THEM ON A DAY-TO-DAY

                    BASIS.  IN MY TIME AS A LEGISLATOR HERE IN THIS HOUSE, I HAVE KNOCKED ON

                                         95



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THOUSANDS AND THOUSANDS OF DOORS ACROSS THE WEST BRONX AND TALKED TO

                    HUNDREDS OF MY NEIGHBORS, AND THEIR PRIORITY HAS ALWAYS BEEN AND WILL

                    CONTINUE TO BE IS THAT, HOW DO I AFFORD TO STAY IN MY HOME?  THE LAWS

                    IN THIS STATE, UNFORTUNATELY, HAVE BEEN SO SKEWED TO ONE SIDE OF THE

                    CONVERSATION THAT I COULD NEVER HAVE GUARANTEED AND SAID TO MY -- TO

                    MY NEIGHBORS THAT I WILL DO EVERYTHING THAT I CAN TO TRY TO KEEP THE

                    RENTS AS -- AS LOW AS POSSIBLE.  BUT UNDER THE CURRENT LAWS THAT EXIST

                    TODAY IN TERMS OF RENT REGULATIONS IN THIS STATE, PARTICULARLY WITHIN THE

                    CITY OF NEW YORK, THE RENT WOULD CONTINUE TO GO UP TO A POINT WHERE

                    MY NEIGHBORS, UNFORTUNATELY, WOULD FIND THEMSELVES IN SITUATIONS

                    WHERE THEY COULD BE WORKING FULL-TIME, BOTH PARENTS, AND INCLUDING

                    SOME SONS AND DAUGHTERS IN THAT HOUSEHOLD, AND THEY WOULD HAVE TO

                    LIVE IN A HOMELESS SHELTER.  IMAGINE THAT, LADIES AND GENTLEMEN, MR.

                    SPEAKER AND MY COLLEAGUES.  DO YOU THINK THAT IT IS FAIR THAT IN THE YEAR

                    2019, WHEN WE SEE INDIVIDUALS LIVING IN OUR DISTRICTS THAT ARE WORKING

                    FULL-TIME, ARE TRYING TO ACHIEVE THE AMERICAN DREAM AND HAVE THEIR

                    SLICE OF THE PIE, THAT THEY BARELY HAVE ENOUGH TO EITHER PAY FOR RENT OR

                    TO THE POINT WHERE THEY DON'T HAVE ENOUGH TO PAY FOR RENT AND HAVE TO

                    LIVE IN HOMELESS SHELTERS.  ONE OF THE FIRST EVENTS THAT I DID AS A

                    MEMBER OF THIS BODY AND THIS HOUSE IN MY -- IN MY DISTRICT WAS TO

                    VISIT FAMILIES IN A HOMELESS SHELTER DURING THE HOLIDAY SEASON.  AND IT

                    BROKE MY HEART, LADIES AND GENTLEMEN, THAT WHEN I WENT TO VISIT THAT

                    HOMELESS SHELTER AND I SPOKE TO THOSE PARENTS, MANY OF THOSE PARENTS

                    WEARING NURSE'S UNIFORMS, UNIFORMS FOR FAST-FOOD RESTAURANTS, FOR

                    CLOTHING STORES, THEY WERE WORKING FULL-TIME AND THEY WERE GRATEFUL

                                         96



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THAT WE WERE -- MYSELF AND MY COLLEAGUE FROM THE OTHER HOUSE WERE

                    ABLE TO BRING OVER SUPPLIES AND TOYS FOR THE KIDS, AND TALK TO THE PARENTS

                    AND THE FOLKS WHO ARE THERE, IF THEY HAD ANY OTHER NEEDS OR ASSISTANCE

                    THAT WE COULD HELP THEM WITH.  THAT SORT OF ALMOST -- THE PRIDE AND THE

                    DIGNITY THAT A LOT OF THESE FOLKS HAD WAS LOST IN THAT MOMENT, THAT THEY

                    NEEDED TO GET CONTINUAL HELP FROM THE GOVERNMENT BECAUSE,

                    UNFORTUNATELY, LADIES AND GENTLEMEN, SPEAKER AND MY COLLEAGUES, WE,

                    AS A LEGISLATURE, HAVE FAILED THEM.

                                 TODAY WE CORRECT THAT WRONG.  WE RIGHT THIS SHIP.  WE

                    SWING THE PENDULUM IN A DETERMINATIVE WAY TO MAKE SURE THAT TENANTS

                    IN THIS STATE DESERVE AND HAVE THE RIGHT TO HAVE A HOME.  LADIES AND

                    GENTLEMEN, WE TODAY ARE CREATING LAWS THAT ARE MORE FAIR, JUST AND

                    REALLY MOVE THE SCALES AND MAKES US CLOSER TO THAT GREAT AMERICAN

                    EXPERIMENT THAT WE ARE ALL EQUAL, THAT WE DESERVE TO PURSUE THE -- THE

                    RIGHT AND HAVE THE LIBERTY TO PURSUE HAPPINESS AND JUSTICE.  BUT HERE

                    TODAY, I AM PROUD.  AND ONE OF MY PROUDEST MOMENTS HERE AS A

                    MEMBER OF THIS HOUSE AND THIS LEGISLATURE, MR. SPEAKER, AND MY

                    COLLEAGUES, THAT AGAIN, WE ARE TIPPING THE SCALES OF JUSTICE AND THE

                    RIGHTS OF TENANTS BACK WHERE IT BELONGS.  MY NEIGHBORS IN THE WEST

                    BRONX DESERVE TO HAVE A HOME.  MY NEIGHBORS IN THE WEST BRONX

                    DESERVE TO NOT TO WORRY THAT THEY'RE GOING TO BE EVICTED OR HAVE THEIR

                    RENT INCREASED 40, 50, 60 PERCENT IN ONE SHOT.  IT IS UNFAIR.  IT IS

                    UNCONSCIONABLE THAT I HAVE TO SIT DOWN WITH CONSTITUENTS ON A WEEKLY

                    BASIS, COMING TO ME SAYING, I AM GOING TO BE EVICTED FROM MY HOME.

                    I'M GOING TO LOSE MY HOME WHERE I RAISED TWO CHILDREN, SENT THEM OUT

                                         97



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    TO COLLEGE, DID THE RIGHT THING, AND MY GOVERNMENT HAS FAILED ME; TO

                    PROTECT ME AND PROTECT WHAT I'VE WORKED FOR ALL THESE YEARS.

                                 I AM PROUD NOT ONLY AS A SON OF THE BRONX, BUT AS A

                    SON OF IMMIGRANTS THAT I'M STANDING UP FOR THEM, I'M STANDING UP FOR

                    TENANTS TODAY, AND I THANK THE CHAIR OF THE HOUSING COMMITTEE, MY

                    COLLEAGUES WHO HAVE STOOD WITH ME IN THIS FIGHT IN MAKING SURE THAT

                    WE TIP THE PENDULUM AND THE SCALES BACK TO THE PEOPLE AND THE POWER

                    WHERE IT BELONGS.  AND THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. RA:  THANK YOU.  SO, I KNOW THIS HAS BEEN

                    BROUGHT UP A COUPLE OF TIMES, BUT I STILL AM A LITTLE UNCLEAR ON THIS

                    BECAUSE MY READING AND THE READING OF SOME OF OUR STAFF IS DIFFERENT

                    THAN -- THAN WHAT I'VE HEARD ON THE FLOOR TODAY AND EVEN YESTERDAY

                    WHEN THIS WAS BROUGHT UP IN THE CODES COMMITTEE.  SO ON PAGES 44

                    AND 45 OF THE BILL, YOU KNOW, THERE'S 226(C), WHICH IS A NEW SECTION,

                    THAT GOES THROUGH THIS, YOU KNOW, THE LANDLORD PROVIDING 30 DAYS IF THE

                    TENANT HAS BEEN THERE LESS THAN A YEAR, 60 DAYS IF MORE THAN A YEAR, AND

                    THEN, YOU KNOW, 90 IF MORE THAN TWO YEARS.  BUT THE QUESTION WAS

                                         98



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RAISED EARLIER REGARDING SECTION 7 OF THE BILL, WHICH -- WHICH IS THE

                    AMENDMENT TO SECTION 232(B) OF THE REAL PROPERTY LAW.  FOR

                    NOTIFICATION TO TERMINATE MONTHLY TENANCY OR TENANCY FOR

                    MONTH-TO-MONTH OUTSIDE THE CITY OF NEW YORK.  NOW THE -- THE

                    QUESTION, VERY SIMPLY, IS IS THIS REMOVING THE LANDLORD'S ABILITY TO GIVE

                    NOTICE TO QUIT AND, YOU KNOW, WITH -- AND THEN HAVE -- AFTER 30 DAYS

                    HAVE -- BE ABLE TO -- TO CANCEL THAT TENANCY?

                                 MR. CYMBROWITZ:  THE ANSWER IS NO.  WE -- THE

                    INTENT WAS WE WANTED THE LENGTH OF TIME TO BE CONSIDERED, AND I -- I

                    THINK YOU'D BE -- YOU WOULDN'T BE SHOCKED IF I SAID THAT FOUR DIFFERENT

                    LAWYERS READ THIS AND CAME UP WITH FOUR DIFFERENT RESPONSES.

                                 MR. RA:  I -- I WOULD NOT.  THAT'S WHY WE GET TO

                    CHARGE SO MUCH.

                                 (LAUGHTER)

                                 MR. CYMBROWITZ:  BUT IT WAS OUR INTENT -- INTENT

                    THAT -- THAT IF YOU HAVE A MONTH-TO-MONTH LEASE BUT YOU'VE BEEN IN THE

                    SAME LOCATION FOR 20 YEARS, THEN OUR INTENT IS THAT YOU RECEIVE THE 90

                    DAYS.  BUT IF YOU'RE ONLY THERE FOR 30 DAYS, THEN YOU RECEIVE 30 DAYS

                    NOTICE.

                                 MR. RA:  OKAY.  BUT SO -- BUT THAT'S UNDER 226(C).

                    SO -- BUT THE SECTION 232(B) -- I GUESS I'M UNCLEAR WHAT -- WHAT

                    SITUATIONS WOULD -- WOULD ONE APPLY AS OPPOSED TO THE OTHER?  OR DOES

                    -- DOES 226(C) APPLY IN THOSE SITUATIONS, AND THEN AT WHAT POINT WHAT IS

                    -- WHAT IS THE EFFECT OF 232(B)?  BECAUSE WHAT IT DOES HERE ON THIS --

                    YOU KNOW, AND THIS IS AT THE BOTTOM OF PAGE 45 OF THE BILL, LINES 43

                                         99



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THROUGH 52 -- CURRENTLY A MONTHLY TENANCY OR TENANCY FROM

                    MONTH-TO-MONTH OF ANY LANDS OR BUILDINGS LOCATED OUTSIDE THE CITY OF

                    NEW YORK MAY BE TERMINATED -- UNDER CURRENT LAW IT SAYS LAND -- BY

                    THE LANDLORD OR THE TENANT.  WHAT THIS BILL DOES IS STRIKE LANDLORD.

                                 MR. CYMBROWITZ:  WE'VE REMOVED LANDLORD

                    FROM THAT SECTION.

                                 MR. RA:  YES.  SO DOES THAT MEAN THAT IN A

                    MONTH-TO-MONTH TENANCY, THE LANDLORD CANNOT PROVIDE A 30- DAY

                    NOTICE?

                                 MR. CYMBROWITZ:  NO.  IN ANOTHER SECTION, THE

                    LANDLORD -- THERE -- IT SAYS THAT THE LANDLORD CAN -- CAN TERMINATE THE --

                    THE TENANCY.

                                 MR. RA:  AND SO -- SO THAT -- THAT GOES BACK TO --

                                 MR. CYMBROWITZ:  GO BACK TO 226(C).

                                 MR. RA:  OKAY.  SO -- SO YOUR INTENTION IS THAT THE

                    LANDLORD WOULD STILL BE ABLE TO PROVIDE THAT 30-DAY NOTICE --

                                 MR. CYMBROWITZ:  ABSOLUTELY.

                                 MR. RA:  -- IN A MONTH-TO-MONTH TENANCY?

                                 MR. CYMBROWITZ:  YES.

                                 MR. RA:  THANK -- THANK YOU VERY MUCH, MR.

                    CYMBROWITZ.

                                 ACTING SPEAKER AUBRY:  MR. THIELE.

                                 MR. THIELE:  THANK YOU, MR. SPEAKER.  AND WITH

                    MY TIME TODAY, I WOULD LIKE TO FOCUS ON THE PORTION OF THE BILL, PART O,

                    THAT DEALS WITH MANUFACTURED HOME PARKS.  FREQUENTLY ALSO CALLED

                                         100



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    "MOBILE HOME PARKS."  AND I WOULD ENCOURAGE MY COLLEAGUES TO NEVER

                    CALL THEM TRAILER PARKS, EVER CALL THEM TRAILER PARKS.  THESE ARE HOMES.

                    YOU DON'T GET A FORD PICKUP TRUCK AND, YOU KNOW, ATTACH ONE OF THESE

                    TO THE BACK OF THE PICKUP TRUCK AND MOVE THEM.  THESE ARE PEOPLE'S

                    HOMES, AND THESE ARE COMMUNITIES IN OUR STATE.  AND, QUITE FRANKLY,

                    THEY ARE A MAJOR SOURCE OF AFFORDABLE HOUSING ACROSS THE STATE OF NEW

                    YORK.  THERE ARE 1,900 MANUFACTURED HOME PARKS IN NEW YORK STATE.

                    THERE ARE OVER 70,000 RESIDENCES, PLACES THAT ARE CALLED HOMES IN THESE

                    MANUFACTURED HOME PARKS.  AND IT'S NOT JUST ON LONG ISLAND.  IT'S THE

                    HUDSON VALLEY, IT'S THE NORTH COUNTRY, THE SOUTHERN TIER, CENTRAL NEW

                    YORK, WESTERN NEW YORK.  FROM RIVERHEAD TO AKRON, MOBILE HOME

                    PARKS, MANUFACTURED HOME PARKS, PROVIDE A NEEDED AND VERY NECESSARY

                    SOURCE OF AFFORDABLE HOUSING.  AND THE REASON WHY THERE'S A SPECIAL

                    SECTION IN THE REAL PROPERTY LAW FOR MANUFACTURED HOME PARKS IS

                    BECAUSE OF THE SPECIAL AND UNIQUE RELATIONSHIP THAT EXISTS WITH REGARD

                    TO PARK RESIDENTS AND THE PARK OWNERS.  HOMEOWNERSHIP IN

                    MANUFACTURED HOME PARKS DIFFERS FROM OTHER FORMS OF HOMEOWNERSHIP,

                    AND IT IS DIFFERENT FROM TRADITIONAL LANDLORD-TENANT RELATIONSHIPS.

                    UNLIKE OTHER HOMEOWNERS, BECAUSE MANUFACTURED HOMEOWNERS OWN

                    THEIR HOME -- THEY OWN THEIR HOME, BUT THEY DO NOT OWN THE LAND ON

                    WHICH THE -- THE HOME IS LOCATED.  BECAUSE OF THIS, THEY HAVE NO CONTROL

                    OVER A SUBSTANTIAL PORTION OF THEIR HOUSING COSTS.  FURTHER, VACANCIES IN

                    EXISTING MANUFACTURED HOME PARKS ARE EXTREMELY RARE IN THIS STATE, AND

                    THE COST OF RELOCATING A MANUFACTURED HOME, EVEN IF SUCH A VACANCY

                    EXISTS, IS PROHIBITIVELY HIGH AND THREATENS THE STRUCTURAL INTEGRITY OF

                                         101



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MANY OF THE MANUFACTURED HOMES.  MANUFACTURED HOMEOWNERS TOTAL --

                    HAVE A TOTAL LACK OF BARGAINING POWER, AND THAT DISRUPTS THE NORMAL

                    OPERATION OF MARKET FORCES AND RENDERS SUCH HOMEOWNERS CAPTIVE TO

                    WHATEVER TERMS A PARK OWNER MAY CHOOSE TO IMPOSE.  ALTHOUGH THERE

                    ARE MANY GOOD PARK OWNERS WHO CHOOSE NOT TO TAKE ADVANTAGE OF THEIR

                    SUPERIOR BARGAINING POWER, WE HAVE MANY CASES ACROSS THE STATE WHERE

                    MANY OF THEM DO.  THIS OFTEN RESULTS IN MANUFACTURED HOMEOWNERS

                    BEING EVICTED BECAUSE OF MANUFACTURED HOME PARK RENTS THEY -- THAT

                    THEY CAN NO LONGER AFFORD.  AND AS A RESULT, THEY LOSE ALL TOGETHER THEIR

                    -- THEIR HOMES, AND THEY HAVE NO ALTERNATIVE LOCATIONS ON WHICH TO -- TO

                    BRING THEM.  UNDER CURRENT LAW, PARK RESIDENTS WHO RENT LOTS IN

                    MANUFACTURED HOME PARKS HAVE NO LEGAL REMEDY FOR AN UNJUSTIFIED AND

                    UNREASONABLE RENT INCREASE.  SO, IN SUMMARY, THEY OWN THEIR HOME, BUT

                    THEY HAVE TO RENT THE LAND.  AND UNLIKE TENANTS, THEY JUST CAN'T PICK UP

                    THE HOUSE, THEIR HOME, AND MOVE IT SOMEWHERE.  THEY HAVE LITTLE

                    BARGAINING POWER.  THEY'RE VULNERABLE, AND THEY HAVE VERY LITTLE LEGAL

                    PROTECTION.  AND WHO ARE THEY?  WELL, MOSTLY THEY'RE SENIOR CITIZENS

                    AND THEY'RE PEOPLE THAT ARE ON FIXED INCOMES.  BUT NOT ALL OF THEM.

                    MANY TIMES IT'S -- IT'S A FIRST HOME FOR MANY YOUNG FAMILIES.  THEY'RE

                    WORKING-CLASS PEOPLE.  THEY PAY THEIR TAXES, THEY'RE AN INTEGRAL PART OF

                    THEIR COMMUNITY.  AND ALL THEY'RE ASKING FOR IN RETURN IS HOME SECURITY,

                    THAT THEY WILL HAVE A SAFE AND AFFORDABLE PLACE TO LIVE.  BUT THE HISTORY

                    IN NEW YORK STATE, THE FACT IS IS THAT THEY'VE OFTEN BEEN SUBJECTED TO

                    UNREASONABLE RENT INCREASES.  A LOT OF TIMES THE MONEY THAT COMES

                    FROM THEIR RENT ISN'T REINVESTED IN THE PARK AND THEY HAVE SUBSTANDARD

                                         102



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONDITIONS.  AND OFTENTIMES THEY LIVE WITH INTIMIDATION AND

                    UNSCRUPULOUS BUSINESS PRACTICES.

                                 DURING MY TERM IN OFFICE, I'VE MET WITH THESE MOBILE

                    HOME PARK RESIDENTS IN TOWN HALLS, IN COMMUNITY ROOMS, IN THEIR -- IN

                    THE MANUFACTURED HOME PARKS AND IN MY OFFICE.  I SEE THEIR FRUSTRATION.

                    I SEE THEIR ANGER.  BUT MOSTLY, I SEE THE FEAR ON THEIR FACES WITH NOT

                    KNOWING WHAT'S GOING TO HAPPEN WITH THEIR HOME.  WILL THEY BE ABLE TO

                    AFFORD TO STAY IN THEIR HOMES?  WILL THEY EVEN HAVE A PLACE TO LIVE?

                    WELL, IN MY MEETING THROUGH THE MANY YEARS, I MADE A PROMISE TO

                    THEM TO TRY TO PASS LEGISLATION THAT WOULD AT LEAST GIVE THEM A REMEDY

                    FROM RENT GOUGING, FROM UNCONSCIONABLE OR UNREASONABLE RENT.  I

                    PROMISED TO TRY TO PASS THAT LEGISLATION OR DIE HEADING IN THAT GENERAL

                    DIRECTION.  AND AFTER MANY YEARS, I WAS BEGINNING TO FEAR IT WOULD BE

                    THE LATTER AND NOT THE FORMER, BECAUSE OVER THE DECADES THE ASSEMBLY

                    YEAR AFTER YEAR HAS PASSED UNCONSCIONABLE RENT REMEDIES FOR MOBILE

                    HOME -- MANUFACTURED HOME PARK TENANTS, ONLY TO SEE THE BILL DIE OR TO

                    SEE THE CLOCK RUN OUT IN THE CHAMBER ACROSS THE HALL FROM US.  NOT THIS

                    YEAR.  NOT NOT THIS TIME.  FOR MOBILE HOME RESIDENTS, TODAY IS THEIR --

                    THEIR DAY.  THIS IS THEIR TIME.  TODAY WE'RE GOING TO BE PASSING

                    LANDMARK LEGISLATION THAT WILL GIVE RESIDENTS A REMEDY AGAINST

                    UNREASONABLE RENT INCREASES AND HOME SECURITY.  THE BILL DOES EVEN

                    MORE THAN PROVIDE A REMEDY WITH REGARD TO UNREASONABLE RENTS.  IT ALSO

                    PROVIDES, AS WAS MENTIONED BEFORE, TRANSPARENCY AND PROTECTIONS FOR

                    HOMEOWNERS WITH REGARD TO RENT-TO-OWN CONTRACTS.  IT ALSO PROVIDES

                    PROTECTIONS WHEN THERE'S GOING TO BE A CHANGE IN OWNERSHIP.  IT EXPEND

                                         103



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    -- EXTENDS THE TIME BEFORE EVICTION CAN TAKE PLACE, AND PROVIDES THE

                    OPPORTUNITY FOR MOVING EXPENSES.  WITH THE EXISTING OPPORTUNITY THAT

                    -- THAT RESIDENTS HAVE WHEN A PARK IS GOING TO BE SOLD AND THE USE TO BE

                    CHANGED, THEY HAVE THE RIGHT OF FIRST REFUSAL.  WE'RE EXTENDING THE TIME

                    THERE, ALSO.  AND IT -- THEY'RE GIVEN GREATER INFORMATION ABOUT WHAT

                    THEIR RIGHTS ARE AS MANUFACTURED HOME TENANTS.

                                 THIS IS AN EXTREMELY IMPORTANT BILL, AND IT WILL CHANGE

                    THEIR LIVES IN A VERY MEANINGFUL WAY.  I WANT TO THANK THE SPEAKER FOR

                    INCLUDING THIS BILL AS PART OF THE OVERALL HOUSING PACKAGE THAT WE'RE

                    DOING TODAY.  I WANT TO THANK OUR HOUSING CHAIRMAN, MR. STEVE

                    CYMBROWITZ, FOR ALL OF THE GREAT WORK THAT HE DID WITH REGARD TO THIS

                    LEGISLATION.  MAKING IT, QUITE FRANKLY, A MUCH BETTER BILL THAN THE BILL

                    THAT I'VE BEEN PASSING IN THIS HOUSE OVER THE LAST TEN YEARS.  AND I ALSO

                    WANT TO THANK THE ASSEMBLY STAFF THAT IS SITTING NEXT TO MR. -- MR.

                    CYMBROWITZ.  I GOT PRETTY EMOTIONAL ABOUT THIS BILL, AS SOME FOLKS

                    MIGHT KNOW, IN CONFERENCE.  I THINK TODAY YOU KNOW WHY.  BUT THE

                    STAFF, THEY DID THE HARD WORK ON MAKING THIS A BETTER BILL.  AND I'M

                    MINDFUL OF THE FACT THAT EARLIER THIS WEEK WHILE WE WERE AT OUR END OF

                    SESSION PARTY, THEY WERE REWRITING THIS BILL TO MAKE IT A BETTER BILL, AND

                    CALLING ME ON THE PHONE TO KEEP ME APPRISED OF WHAT CHANGES THEY

                    WERE MAKING, AND MAKING ME FEEL REAL GUILTY THAT I WAS AT A PARTY

                    WHILE THEY WERE DOING THE WORK.  BUT I THANK THEM TODAY FOR ALL OF THE

                    GREAT WORK THEY DID.  THIS IS PROBABLY THE LEAST DISCUSSED, AND THE PART

                    OF THE OVERALL HOUSING BILL THAT GETS THE LEAST ATTENTION, BUT IN MANY

                    WAYS, FOR MANY PEOPLE, IT'S THE MOST PART OF THIS BILL.

                                         104



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 I WANT TO THANK, AGAIN, ALL OF THOSE WHO HAD A PART IN

                    IT.  AND I WANT TO URGE MY COLLEAGUES, IF YOU'VE GOT MANUFACTURED

                    HOME RESIDENTS OR MOBILE HOME PARK RESIDENTS IN YOUR DISTRICT, TAKE A

                    GOOD LOOK AT THAT PART -- THIS PART OF THE LEGISLATION.  IT'S REASON ENOUGH

                    FOR YOUR YES VOTE ON THIS LEGISLATION, AND I URGE MY COLLEAGUES TO VOTE

                    IN FAVOR OF THIS BILL.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. NIOU.

                                 MS. NIOU:  HELLO, MR. SPEAKER.  I JUST WANTED TO

                    MAKE A COUPLE OF COMMENTS.  I THINK THAT THIS IS ONE OF THE MOST

                    IMPORTANT BILLS THAT WE ARE GOING TO BE PASSING IN THE ENTIRETY OF THIS

                    SESSION.  AND SO I WANT TO TELL YOU A LITTLE BIT ABOUT WHAT I HAVE TO GO

                    THROUGH IN MY DISTRICT.  THE REALITIES OF THE TENANT HARASSMENT IN MY

                    DISTRICT ARE -- ARE SO DIRE.  I'M GOING TO TELL YOU A LITTLE BIT ABOUT WHAT

                    HAPPENED WITH 85 BOWERY.  85 BOWERY WAS RENT-STABILIZED TENANTS

                    WHO WERE MAJORITY ASIAN-AMERICAN, WITH THE OLDEST IN THE APARTMENT

                    BEING 97 AND THE YOUNGEST BEING THREE DAYS OLD.  AND WHEN THEY WERE

                    TOLD BY THEIR LANDLORD THAT THEY HAD TO VACATE THEIR APARTMENT DUE TO THE

                    LANDLORD NOT FIXING THEIR STAIRWELL AFTER A COURT ORDER THAT HAD PASSED

                    FOR TWO YEARS ASKING THE LANDLORD TO BASICALLY FIX THE STAIRWELL, THEY

                    WERE -- THEY WERE SHOCKED AND ALSO DISMAYED, TO SAY THE LEAST.  AND I

                    JUST HAD TO HELP THEM TO MAKE SURE THAT THEY WERE ABLE TO EVEN HAVE

                    WARMTH FOR THE NIGHT AND THAT THEY -- THEY COULD EVEN GET FOOD FOR THE

                    EVENING BECAUSE THEY HAD TO MOVE OUT AS MANY OF THEIR THINGS IN THE

                                         105



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    EMERGENCY AS POSSIBLE.  THEY WERE VACATED FROM THEIR APARTMENT

                    DURING THE EVENING OF ONE NIGHT FROM -- BY THE -- BY THE DEPARTMENT OF

                    BUILDINGS, AND -- AND THEY WERE NOT ABLE TO ACTUALLY BE ABLE TO GET BACK

                    IN FOR NINE MONTHS.  DURING THAT TIME, THE LANDLORD CONTINUED TO HARASS

                    THEM.  THE REASON WHY THE LANDLORDS WANT TO HARASS TENANTS IS SO THEY

                    CAN GET THEM OUT OF THEIR BUILDING SO THAT THEY COULD RENT THE BUILDINGS

                    FOR MORE OR TO COMPLETELY MAKE THE BUILDINGS UNINHABITABLE AND -- AND

                    UNLIVABLE SO THAT THE TENANTS WOULD WANT TO LEAVE SO THAT THEY CAN

                    DEMOLISH THE BUILDING AND BUILD LUXURY HIGH-RISE CONDOS.  BECAUSE MY

                    AREA IS THE 65TH DISTRICT, AND THE 65TH DISTRICT ENCOMPASSES ALL OF

                    LOWER MANHATTAN, THE FINANCIAL DISTRICT, CHINATOWN AND THE LOWER

                    EAST SIDE AND BATTERY PARK CITY.  AND IN THAT AREA, OUR MEDIUM

                    MARKET-RATE RENT IS APPROXIMATELY $3,700 FOR A ONE-BEDROOM.  SO WHEN

                    YOU'RE TALKING ABOUT BEING ABLE TO MAKE THAT KIND OF MARKET-RATE RENT,

                    YOU CAN UNDERSTAND WHY, YOU KNOW, SOME LANDLORDS ARE INCENSED TO

                    HARASS THEIR TENANTS OUT OF THEIR BUILDINGS IN ORDER TO BE ABLE TO COLLECT

                    THAT VERY LARGE AMOUNT OF MARKET-RATE RENT.  WE HAVE SEEN SOME OF THE

                    WORST LANDLORDS IN LOWER MANHATTAN.  WE HAVE SEEN STEVE CROMAN.

                    WE HAVE SEEN JOE BETESH.  WE HAVE SEEN SO MANY DIFFERENT LANDLORDS

                    WHO HAVE GONE DOWN THE TENANT HARASSMENT ROUTE BECAUSE THEY KNOW

                    THAT THEY CAN COLLECT A VACANCY BONUS, AND THEY KNOW THAT, YOU KNOW,

                    WHENEVER THEY SWITCH TENANTS THEY CAN GET -- THEY CAN UP THE RENT UNTIL

                    THEY REACH VACANCY DECONTROL AND THEN THEY CAN CHARGE MARKET RATE.

                    AND THEN THE MORE THAT THEY HARASS TENANTS, THE MORE THAT THEY WILL,

                    YOU KNOW, BE INCENSED TO LEAVE.  AND SO THIS IS THE TREND THAT GOES ON A

                                         106



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    LOT IN THE LOWER EAST SIDE.  WE HEAR THE ARGUMENTS OF FOLKS SAYING,

                    LIKE, OH, THERE'S GOING TO BE, YOU KNOW, LESS HIGH-QUALITY MAINTENANCE

                    IF WE GET RID OF MCIS OR IAIS.  BUT THE OPPOSITE IS, I THINK, TRUE BECAUSE

                    IN MY DISTRICT, PEOPLE ARE GIVEN THE WORST QUALITY THINGS.  PEOPLE ARE

                    LITERALLY HARASSED WITH BRICKS THROUGH THEIR TOILETS, HOLES ON THEIR -- IN

                    THEIR FLOORS.  THE LANDLORDS HAVE, AFTER VACATING ONE APARTMENT, WILL

                    MAKE NOISE IN THAT APARTMENT UNTIL OTHER TENANTS ARE HARASSED TO LEAVE.

                    THESE ARE THE TRENDS THAT WE HAVE BEEN SEEING.  AND THE REASON WHY IT

                    IS SO IMPORTANT THAT WE ARE GIVING THESE TENANT PROTECTIONS IS TO MAKE IT

                    SO THAT THE TENANTS DON'T HAVE TO SUFFER THAT WAY ANYMORE.

                                 IN THE CASE OF 85 BOWERY, THE LANDLORDS CONTINUED TO

                    HARASS THE TENANTS SO MUCH DURING THE TIME THAT THEY WERE THERE THAT

                    THEY EVEN TOOK THEIR BELONGINGS THAT THEY HAD LEFT IN THEIR APARTMENT

                    AND THREW THEM INTO A DUMPSTER, AND I HAD TO GO IN AND GET THEIR THINGS

                    OUT OF A DUMPSTER.  I WAS DUMPSTER-DIVING TO SAVE MY CONSTITUENTS'

                    BELONGINGS.  THEY THREW OUT ELECTRONICS, MONEY, CLOTHES, STUDENTS'

                    BOOKS, BACKPACKS.  LIKE, IT WAS PURPOSEFUL AND ALSO PURPOSEFULLY

                    DECEITFUL, BECAUSE THEY DIDN'T WANT THE TENANTS TO COME BACK.  THEY

                    DIDN'T WANT THE TENANTS TO HAVE ANY RECOURSE, AND THEY DIDN'T WANT THE

                    TENANTS TO BE ABLE TO ACTUALLY FIGHT FOR THEMSELVES.  AND MOST PEOPLE

                    WOULDN'T HAVE BEEN ABLE TO GO THROUGH THAT, WOULDN'T HAVE BEEN ABLE TO

                    BE DISPLACED FOR NINE MONTHS.  AND WHEN YOU THINK ABOUT IT, IT'S LIKE,

                    OH, WOULDN'T IT BE OKAY IF THE LANDLORD IS EVEN, YOU KNOW, PAYING FOR,

                    LIKE, THE HOTEL NEXT DOOR, ET CETERA?  BUT LIVING IN A HOTEL FOR THE

                    ENTIRETY OF NINE MONTHS IS NOT EASY.  YOU CANNOT BUY YOUR GROCERIES

                                         107



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BECAUSE YOU CANNOT COOK FOR YOURSELF.  YOU'RE EATING TAKEOUT.  YOU ARE

                    NOT BREATHING AIR THAT IS ACTUALLY MOVABLE BECAUSE YOU DON'T HAVE TO OP

                    -- YOU DON'T HAVE TO BE ABLE TO OPEN A WINDOW IN A HOTEL.  THIS IS -- THIS

                    IS NOT THE SAME KIND OF HARASSMENT THAT PEOPLE WOULD THINK, LIKE, EVERY

                    SINGLE DAY.  BUT THIS IS THE KIND OF HARASSMENT THAT IS, I GUESS,

                    OVERLAPPING AND ALL-ENCOMPASSING AND IT TAKES OVER YOUR WHOLE LIFE.  IT

                    MAKES IT SO IT'S HARD TO GO TO WORK, IT'S HARD TO GO TO SCHOOL.  IT'S HARD TO

                    SEND YOUR KIDS TO SCHOOL.  IT'S HARD TO MAKE IT SO THAT YOU CAN GO GET

                    GROCERIES EVERY DAY.  THIS IS THE KIND OF THING THAT IMPACTS YOUR LIFE

                    EVERY SINGLE DAY.  AND WHEN WE WENT TO GO AND LISTEN TO ALL OF THE

                    HEARINGS IN ROCHESTER, AND WHEN WE WENT TO GO AND HEAR THE FOLKS WHO

                    WERE IN SYRACUSE, BUFFALO, AND WHEN THEY CAME TO THAT HEARING IN

                    ROCHESTER, IT WAS SO PREVALENT THE ISSUES THAT THEY WERE GOING THROUGH

                    WERE SO SIMILAR IN THE THINGS THAT WE WERE GOING THROUGH IN LOTS OF

                    WAYS AND SO DIFFERENT IN OTHER WAYS.  THE HARASSMENT WAS SO SIMILAR,

                    BECAUSE ONE OF THE STORIES THAT HIT ME THE HARDEST WAS HOW DIFFICULT IT IS

                    TO BE ABLE TO ACTUALLY MOVE OUT, CONSTANTLY, OF A PLACE.  BECAUSE EVERY

                    SINGLE TIME YOU MOVE INTO A NEW PLACE YOU HAVE TO PAY FIRST, LAST

                    DEPOSIT.  FIRST, LAST DEPOSIT.  FIRST, LAST DEPOSIT.  AND EVERY SINGLE TIME

                    THAT HAPPENS, IT MAKES IT SO THAT YOU ARE DEPLETED OF A LARGE AMOUNT OF

                    FUNDS.  PEOPLE ASK, LIKE, WELL, ISN'T IT CHEAPER TO JUST BUY A PLACE AND

                    PAY A MORTGAGE RATHER THAN BEING ABLE TO PAY THIS RENT ALL THE TIME?

                    WELL, HOW CAN YOU EVEN SAVE UP FOR A LARGE AMOUNT OF FUNDS, ENOUGH

                    TO PUT DOWN FOR A -- A -- A HOMEOWNERSHIP?  LIKE, I -- I THINK THAT IT'S

                    REALLY INTERESTING HOW THAT IS, BECAUSE THIS IS ACTUALLY A SYSTEMIC ISSUE.

                                         108



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THIS IS WHAT -- SOMETHING THAT WE ACTUALLY HAVE HISTORICALLY MADE

                    POSSIBLE BECAUSE OF INTERESTS THAT ARE WITH THE LANDLORDS AND WITH --

                    WITH THE REAL ESTATE AGENCY, BECAUSE WE HAVE MADE IT SO THAT, YOU

                    KNOW, IT'S -- IT'S -- IT'S SO SYSTEMIC TO MAKE IT SO THAT THE COST OF BEING

                    POOR IS SO HIGH.  POOR PEOPLE PAY SUCH A LARGE PRICE, WHETHER IT'S TO GET

                    A GALLON OF MILK, WHETHER IT'S TO GET A LOAF OF BREAD.  WHETHER IT'S TO GET

                    HOUSING, WHETHER IT'S TO BE ABLE TO FIGURE OUT WHERE AND HOW TO LIVE,

                    AND TO EVEN SEND THEIR KIDS TO SCHOOL OR TO FIND CHILD CARE.  THERE IS

                    SUCH A SYSTEMIC HIGH COST TO BEING POOR.  AND TODAY IN NEW YORK,

                    WE'RE ELIMINATING ONE OF THE THINGS.  WE'RE HELPING TO MAKE IT SO THAT

                    ONE OF THOSE THINGS IN OUR SYSTEM OF -- OF --OF KEEPING THE POOR POORER

                    AND MAKE THE RICH RICHER A LITTLE BIT MORE EVEN.  AND TODAY I WANT TO

                    THANK OUR HOUSING CHAIR SO MUCH FOR THE WORK THAT HE'S DONE, BECAUSE

                    WE COULDN'T HAVE PUT TOGETHER THIS PACKAGE WITHOUT YOU, STEVE.  AND

                    IT'S SO INCREDIBLY HUGE THAT WE ARE ABLE TO HAVE SO MANY DIFFERENT

                    PERSPECTIVES REPRESENTED, AND I WANT TO THANK ALL OF MY COLLEAGUES FOR

                    BEING ABLE TO PRESENT THOSE PERSPECTIVES AT THE TABLE.  I ALSO WANT TO

                    THANK OUR SPEAKER FOR BEING BOLD ENOUGH TO BE ABLE TO MOVE THIS

                    PACKAGE TODAY, BECAUSE FOR SO LONG, FOR DECADES, FOR DECADES, FOR

                    DECADES, WE HAVE SYSTEMICALLY MADE THE POOR POORER AND TODAY WE'RE

                    GOING TO MAKE THAT SHIFT IN THE OTHER DIRECTION FOR A CHANGE.

                                 SO THANK YOU SO MUCH, AND I -- AND I APPRECIATE THE

                    TIME THAT YOU'VE GIVEN ME TO SPEAK, MR. SPEAKER.

                                 ACTING SPEAKER MR. BENEDETTO:  THANK

                    YOU, MS. NIOU.

                                         109



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. WALCZYK.

                                 MR. WALCZYK:  THANK YOU, MR. SPEAKER.  IF THE

                    CHAIRMAN, ON BEHALF OF THE SPONSOR OF THE BILL, WOULD YIELD.

                                 ACTING SPEAKER BENEDETTO:  MR. CHAIRMAN,

                    DO YOU YIELD?

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER BENEDETTO:  THE CHAIRMAN

                    YIELDS.

                                 MR. WALCZYK:  THANK YOU, MR. CHAIRMAN.  I -- I

                    WONDER IF YOU COULD TELL US HOW MANY MOBILE HOME PARKS -- OR HOW

                    MANY MOBILE HOMES THERE ARE IN NEW YORK STATE TODAY?

                                 MR. CYMBROWITZ:  I THINK WE'RE TALKING ABOUT

                    5,000 -- THERE'S -- THERE'S ABOUT 5,000 PARKS, 35,000 PEOPLE -- 85,000

                    PEOPLE.

                                 MR. WALCZYK:  WAS THAT 185,000?

                                 MR. CYMBROWITZ:  NO, THAT WAS 85-.

                                 MR. WALCZYK:  OKAY.  SO OVER THE -- THE LATEST

                    STATISTICS THAT I COULD FIND WERE ABOUT A DECADE OLD, BUT WE'VE LOST

                    ABOUT 100,000 TRAILERS OR --

                                 MR. CYMBROWITZ:  I WOULDN'T CALL THEM TRAILERS.

                                 MR. WALCZYK:  -- MOBILE HOMES IN THE LAST

                    DECADE?

                                 MR. CYMBROWITZ:  I -- I -- I CAN'T TELL YOU WHAT

                    THEY WERE, BUT I CAN TELL YOU THAT WE HAVE 85,000 NOW.  WE HAVE

                    85,000 MANUFACTURED HOMES.

                                         110



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. WALCZYK:  85,000 MANUFACTURED HOMES,

                    TRAILERS, WHATEVER -- WHATEVER TERM THAT YOU WANT TO USE THERE.

                                 MR. CYMBROWITZ:  OKAY.

                                 MR. WALCZYK:  OKAY.  WHERE -- WHERE ARE THE

                    BULK OF THOSE LOCATED THROUGHOUT THE STATE?  IS THERE A CERTAIN

                    CONCENTRATION OR AREA THAT THE MANUFACTURED HOMES OR TRAILERS OR

                    MOBILE HOMES ARE LOCATED?

                                 MR. CYMBROWITZ:  THEY'RE ALL OVER THE STATE.

                    THEY RUN FROM SUFFOLK COUNTY TO KINGSTON TO COLUMBIA COUNTY TO ALL

                    OF UPSTATE AND WESTERN NEW YORK.

                                 MR. WALCZYK:  EXCELLENT.  WOULD YOU SAY THEY'RE

                    LOCATED IN MORE RURAL OR URBAN AREAS?

                                 MR. CYMBROWITZ:  I WOULD SAY THEY'RE IN RURAL

                    AREAS.

                                 MR. WALCZYK:  HOW MANY -- HOW MANY OF THESE

                    MANUFACTURED HOMES, TRAILERS OR MOBILE HOMES ARE LOCATED WITHIN NEW

                    YORK CITY?

                                 MR. CYMBROWITZ:  THERE'S ONE IN -- I'M -- I'M

                    TOLD THERE'S ONE IN STATEN ISLAND, RIGHT?

                                 MR. WALCZYK:  OKAY.  THAT'S -- THAT'S ONE HOME OR

                    ONE PARK?

                                 MR. CYMBROWITZ:  ONE PARK.

                                 MR. WALCZYK:  ALL RIGHT.  I APPRECIATE THAT.  AND

                    HOW MANY ARE LOCATED WITHIN YOUR DISTRICT?

                                 MR. CYMBROWITZ:  NONE.

                                         111



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. WALCZYK:  HOW MANY ARE LOCATED WITHIN THE

                    SPONSOR'S DISTRICT?

                                 MR. CYMBROWITZ:  I DON'T BELIEVE THERE ARE ANY.

                    BUT THAT'S NOT WHY WE DID THIS.  WE DID THIS FOR ALL THE PEOPLE OF NEW

                    YORK STATE.  WE REPRESENT NEW YORK STATE, NOT JUST NEW YORK CITY.

                                 MR. WALCZYK:  NO, I -- I UNDERSTAND THAT, AND I

                    REPRESENT THE 116TH ASSEMBLY DISTRICT THAT HAS A LOT OF THESE.  IF I

                    WANTED TO BRING A BILL BEFORE THIS LEGISLATURE THAT IMPACTED MOBILE

                    HOME PARKS, I WOULD BE HAPPY TO TALK WITH YOU ABOUT THAT.  BUT THAT'S

                    PART OF THE ISSUE THAT I HAVE.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. WALCZYK:  SO THE HOUSING STABILITY AND

                    TENANT PROTECTION ACT OF 2019 ADDRESSES A PROBLEM, AND I'VE HEARD A

                    LOT OF -- A LOT OF GREAT POINTS AND WELL-INTENDED LEGISLATORS FROM NEW

                    YORK CITY THAT TALK ABOUT AN EMERGENCY THAT'S BEEN ONGOING IN NEW

                    YORK CITY FOR THE LAST 75 YEARS.  AND I CAN APPRECIATE THAT, AND I CAN

                    APPRECIATE YOU WANTING TO ADDRESS THAT.  SO HATS OFF TO YOU ON WHATEVER

                    POLICY YOU THINK IS BEST FOR NEW YORK STATE AND HOW NEW YORK -- OR

                    NEW YORK CITY AND HOW NEW YORK STATE CAN HELP THAT.  BUT WHAT I DO

                    HAVE A PROBLEM WITH IS WHEN THESE OMNIBUS BILLS ENCOMPASS THINGS

                    THAT IMPACT THE REST OF THE STATE, THAT OFFER IN MANY CASES BAD IDEAS TO

                    THE REST OF THE STATE WITHOUT THE INPUT FROM UPSTATE NEW YORK, FROM

                    RURAL AREAS LIKE THE ONE THAT I REPRESENT.  WHEN YOU LOOK AT NEW YORK

                    CITY OR SAN FRANCISCO AND THE -- AND THE ISSUES THAT THEY HAVE WITH --

                                         112



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WITH HOUSING, THEY'RE VERY DIFFERENT FROM UPSTATE, RURAL, NORTHERN NEW

                    YORK.  THE FRONT YARD OF AMERICA, YOU NAME IT.  SO I'M HAPPY TO HAVE

                    THOSE CONVERSATIONS.  BUT EACH TIME WE PUT ONE OF THESE OMNIBUS BILLS,

                    THESE "BIG UGLY" BILLS TOGETHER THAT INCLUDE POLICY THAT -- THAT IMPACTS

                    UPSTATE AND THE REST OF THE STATE, AND THE SPONSOR OF THE BILL OR THE

                    CHAIRMAN THAT'S DEBATING IT ON THE FLOOR CAN'T EVEN SAY THAT THEY HAVE

                    ONE OF THESE UNITS WITHIN THEIR DISTRICT, I -- I THINK THAT SPEAKS TO THE

                    PROCESS AND HOW IT'S BROKEN HERE.  SO WHILE YOU -- YOU CONTINUE TO

                    APPLY PRESSURE TO NEW YORK CITY AND -- AND LOVE ON THEM AND SQUEEZE

                    THEM WITH ALL THE GOVERNMENT POLICY THAT YOU CAN TO TRY AND MAKE

                    THINGS BETTER, WE SEE HOW THAT'S WORKED OUT FOR THEIR HOUSING SITUATION

                    OVER THE LAST 75 YEARS.  I WOULD SAY DON'T TAKE THOSE BAD IDEAS TO

                    UPSTATE NEW YORK.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. TAYLOR.

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

                    SPEAK ON THE BILL.  I WANT TO CONGRATULATE MY COLLEAGUES AND A LONG

                    TIME COMING.  AND CORRECTLY PUT, IT'S BEEN A MINIMUM OF 75 YEARS IN

                    NEW YORK CITY ALONE HAS ENDURED A WHOLE LOT.  BUT THIS BILL IS NOT JUST

                    FOR NEW YORK CITY, IT'S FOR THE ENTIRE STATE OF NEW YORK, WHERE A

                    TENANT -- FOLKS THAT OWN MOBILE HOMES ARE ABLE TO FIND SECURITY RELIEF,

                    AND I THINK IT'S A TIME WHERE PEOPLE CAN NOW LOOK AT THEIR GOVERNMENT

                    AND FEEL PROUD TO KNOW THAT THEIR VOICES ARE BEING HEARD, WE'RE

                    RESPONDING.  IT'S BEEN A LONG TIME COMING, BUT NOW WE'RE HERE.  I THINK

                                         113



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    IT'S IMPORTANT THAT PEOPLE UNDERSTAND THAT THIS LEGISLATION IS A GAME

                    CHANGER.  WHEN YOU LOOK AT WHAT IT PROPOSES TO DO, IT RESTRICTS AND

                    REDUCES THE IAIS, THE MCIS, AND IT SAYS TO THE PROPERTY OWNERS THAT YOU

                    CAN'T LOOK AT THIS AS AN OPPORTUNITY TO SAY, LET ME FATTEN MY COFFERS,

                    BUT, WHAT AM I DOING?  WHAT AM I INVESTING IN?  AM I MAKING SURE I'M

                    TAKING CARE OF THE COMMUNITY WHICH I INVESTED IN?  AND WE SHOULD NOT

                    BE IN A POSITION WHERE WHEN PEOPLE BUY, WE HAVE TO MOVE.  I THINK IT

                    SHOULD BE JUST THE OPPOSITE.  THEY SHOULD ADAPT TO WHERE WE'RE LIVING

                    WHEN THEY MOVE INTO THIS COMMUNITY.  AND I THINK THERE ARE A LOT OF

                    BAD ACTORS, AND THIS SENDS NOTICE THAT IF YOU'RE NOT A BAD ACTOR, THAT'S

                    GREAT.  THEN YOU HAVE NO PROBLEMS.  THIS HAS BEEN A LONG TIME COMING,

                    AND I AM SO ECSTATIC, BECAUSE I DON'T HAVE TO SIT AT MY DESK AND SAY TO

                    ANYONE THAT WALKS IN, WELL, YOU KNOW, YOU SIGNED A PREFERENTIAL RENT.

                    YOU KNOW THERE'S NOTHING I CAN DO.  YOU KNOW THERE'S NO LEGAL AID

                    THAT CAN HELP YOU.  YOU HAVE TO PAY UP OR GET OUT.  THOSE DAYS ARE FAR

                    BEHIND US, AND I APPLAUD LOUDLY WHAT'S GOING TO HAPPEN.  WHEN YOU

                    LOOK AT HARLEM, WHEN YOU LOOK AT WASHINGTON HEIGHTS AND

                    COMMUNITIES IN NEW YORK CITY, YES, IT'S A CITY PROBLEM.  FOLKS GET

                    MONEY FROM THE CITY AND THEY MOVE TO THE 'BURBS.  I'M NOT MAD AT

                    THEM, BUT WE SHOULD NOT BEAR THE BRUNT OF THIS STATE IN OUR CITIES.  AND

                    IF PEOPLE WANT TO DO BUSINESS IN NEW YORK CITY, THEN THEY GOT TO DO

                    UNDER THESE GUIDELINES.

                                 THANK YOU, MR. CHAIRMAN, FOR BRINGING THIS

                    LEGISLATION TO THE FLOOR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                                         114



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    TAYLOR.

                                 MS. JOYNER.

                                 MS. JOYNER:  THANK YOU, MR. SPEAKER.  I WANT TO

                    FIRST START OFF BY COMMENDING OUR SPEAKER, OUR CHAIR OF HOUSING, FOR

                    SPONSORING THIS BILL.  DESPITE SOME PEOPLE WHO DOUBTED US, I HAVE

                    NEVER ONCE DOUBTED US.  I ALWAYS KNEW THAT TODAY WE WOULD BE IN THIS

                    POSITION AND THAT WE WOULD BE GETTING THE RESULTS FOR THE PEOPLE THAT

                    WILL BE GETTING THE RESULTS AFTER WE PASS THIS BILL.  BECAUSE WE'RE THE

                    PEOPLE -- WE ARE THE PEOPLE'S HOUSE.  WE REPRESENT THE PEOPLE.  THIS IS

                    THE NUMBER ONE CONCERN IN MY DISTRICT.  EVERY FOUR YEARS, WE WILL BE

                    GETTING CALLS ABOUT WHEN -- WHAT'S GOING TO HAPPEN ONCE THE RENT LAWS

                    EXPIRED, AND I'M GLAD TODAY THAT I WILL NOT BE GETTING THOSE CALLS, THAT

                    WE WILL NOW HAVE PEOPLE THAT WILL BE ABLE TO STAY IN THEIR HOMES FOR

                    DECADES AND ALLOWING THEIR CHILDREN TO MOVE BACK INTO THE COMMUNITY

                    BECAUSE OF THE STRONG RENT PACKAGE THAT WE WILL PASS TODAY.  THERE

                    WERE HYPOTHETICALS TODAY ABOUT GRANDMOTHERS AND, YOU KNOW, THEIR

                    HARDSHIPS, BUT IN THE CHAMBERS [SIC], ON MY WAY WALKING THROUGH THE

                    HALLS, I RAN INTO SENIORS.  REAL GRANDMOTHERS.  WE CAN HAVE A

                    THEORETICAL DEBATE, BUT TODAY WE ARE TALKING ABOUT REAL PEOPLE WITH REAL

                    PROBLEMS, AND TODAY WE ARE ADDRESSING THOSE ISSUES.  SENIORS THAT WERE

                    -- ARE STRUGGLING TO WALK, PEOPLE MISSING WORK THAT CAME TODAY TO

                    ADVOCATE FOR US TO STRENGTHEN OUR RENT LAWS, AND WE ARE DOING THAT.

                    WITH ALL OF THE WORRIES THAT PEOPLE HAVE, HAVING A ROOF OVER YOUR HEAD

                    SHOULD BE THE LAST ONE, AND TODAY WE ARE MINIMIZING THAT WORRY.  I HAVE

                    HAD TENANTS IN MY DISTRICT AND LANDLORDS WHO HAVE DONE, LET'S SAY FOR

                                         115



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    EXAMPLE, BATHROOM AND KITCHEN RENOVATIONS.  AND ONE BUILDING, ONE

                    LANDLORD DECIDED TO REMOVE EVERYONE'S BATHROOM, RIGHT?  THIS IS A

                    SIX-STORY WALK-UP BUILDING.  AND THEY HAD ONE BATHROOM FOR THE ENTIRE

                    BUILDING.  IT BECAME A COMMUNAL BATHROOM.  AND THE LANDLORD DECIDED

                    TO PUT AN MCI ON TOP OF ALL OF THOSE TENANTS' HEAD.  LANDLORDS ARE

                    REFUSING TO GIVE WORKING REFRIGERATORS.  SENIORS WHO CANNOT NOW

                    PROPERLY STORE THEIR MEDICATION IN REFRIGERATION -- IN REFRIGERATORS

                    BECAUSE THE LANDLORD FAILS TO PROVIDE THESE BASIC SERVICES.  ON TOP OF

                    THAT, THEY'RE CONTINUING TO SEE INCREASES OF MCIS.  WE HAVE SEEN

                    LANDLORDS WHO HAVE MADE THE ABUSE OF THE MCI PROCESS AS A BUSINESS

                    MODEL.  AFTER TODAY, THE THREAT OF MCIS, THE LOSS OF PREFERENTIAL RENT

                    LEASES, THE THREATS OF HARASSMENT ARE NOW MUTE.  I AM GLAD THAT WE ARE

                    HERE TODAY, AND TODAY IS AN OPPORTUNITY TO RIGHT ALL OF THESE DECADES OF

                    WRONGDOING, AND I AM LOOKING FORWARD TO CASTING MY VOTE IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. DE LA ROSA.

                                 MS. DE LA ROSA:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. DE LA ROSA:  I WANT TO FIRST COMMEND OUR

                    SPEAKER FOR HAVING THE COURAGE TO BRING THIS BILL TO THE FLOOR, THE

                    CHAIRMAN OF THE HOUSING COMMITTEE, AND ALL OF OUR COLLEAGUES WHO,

                    TOGETHER, WORKED WITH THE ADVOCATES WHO ARE HERE TO CRAFT THE STRONGEST

                                         116



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    POSSIBLE PACKAGE.  YOU KNOW, IN MY DISTRICT THE NUMBER IS 40,000.

                    FORTY THOUSAND UNITS OF RENT-STABILIZED HOUSING.  FORTY THOUSAND TO

                    MANY LANDLORDS IS A NUMBER WHERE THEY SEE PROFIT.  FORTY THOUSAND.

                    BUT WHEN YOU ASK ME, WHEN YOU'RE IN THE --  IN THE BUSINESS OF SERVING,

                    WHEN YOU'RE IN THE BUSINESS OF HOUSING, YOU'RE IN THE BUSINESS OF

                    SERVICE.  BECAUSE THAT 40,000 NUMBER TRANSLATES INTO HUNDREDS OF

                    THOUSANDS OF FAMILIES.  HUNDREDS OF THOUSANDS OF FAMILIES IN MY

                    DISTRICT WHO HAVE BEEN VICTIM TO DISPLACEMENT AT THE HANDS OF LAWS THAT

                    WERE CRAFTED BY A LEGISLATURE PRIOR TO THIS ONE.  FORTY THOUSAND UNITS

                    THAT HOUSE CHILDREN THAT NOW MAKE UP THE NUMBER OF HOMELESS CHILDREN

                    ATTENDING OUR SCHOOLS IN NEW YORK CITY AND ACROSS THIS STATE.  THERE IS

                    A TOOL KIT TO DISPLACEMENT.  THERE IS A STRATEGY FOR GENTRIFYING OUR

                    COMMUNITIES.  THERE IS A STRATEGY FOR ENSURING THAT WORKING-CLASS NEW

                    YORKERS CAN NO LONGER STAY IN THE COMMUNITIES THAT THEY HAVE LIFTED UP.

                    THERE'S A STRATEGY, AND AS ONE OF MY COLLEAGUES SAID, THIS STRATEGY IS A

                    SYSTEM THAT IS DESIGNED TO DISPLACE US, TO OPPRESS US AND TO SILENCE OUR

                    VOICES.  THIS TOOL KIT FOR DISPLACEMENT LOOKS LIKE HOUSING THAT IS NOT UP

                    TO PAR FOR ANY HUMAN BEING TO LIVE IN.  APARTMENTS RIDDLED WITH MOLD

                    AND ROACHES AND RODENTS AND BEDBUGS AND HOLES IN THE CEILING AND

                    WATER LEAKING IN THE -- IN THE CEILINGS.  AND FLOORS THAT ARE SINKING IN.

                    FRANKLY, CONDITIONS THAT ARE RESERVED FOR SOME OF THE MOST DEVELOPING

                    NATIONS IN THE WORLD.  CONDITIONS THAT SHOULDN'T EXIST IN NEW YORK

                    STATE, EXIST IN UPPER MANHATTAN AND EXIST ACROSS NEW YORK CITY AND

                    EXIST ACROSS NEW YORK STATE.  WHEN WE LOOK AT THAT TOOL KIT FOR

                    DISPLACEMENT, WE HAVE THINGS LIKE IAIS AND MCIS AND VACANCY

                                         117



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BONUSES AND PREFERENTIAL RENTS.  WE HAVE HIDDEN FEES IN SECURITY

                    DEPOSITS AND REGISTRATION FEES THAT ARE SIMPLY DESIGNED TO TELL TENANTS, IF

                    YOU WANT AN APARTMENT IN NEW YORK STATE, YOU HAVE TO JUMP THROUGH

                    HOOPS.  AND THOSE HOOPS ARE NOT RESERVED FOR YOU, THE DISENFRANCHISED

                    AND THE DISEMPOWERED.  WELL, TODAY WE ARE TURNING THAT TOOL KIT OF

                    DISPLACEMENT INTO A TOOL KIT OF SURVIVAL AND JUSTICE FOR THE TENANTS OF

                    NEW YORK STATE.  WE SAY THAT TODAY WE ARE PASSING THESE LAWS BECAUSE

                    WE UNDERSTAND THAT WE CANNOT TALK ABOUT CHILD CARE, WE CANNOT TALK

                    ABOUT HEALTH INSURANCE, WE CANNOT TALK ABOUT ACCESS, WE CANNOT TALK

                    ABOUT EDUCATION IF YOU DO NOT HAVE THE BASIC, SOUND ABILITY TO LIVE IN AN

                    APARTMENT WHERE YOU HAVE THE DIGNITY OF GOING TO SLEEP AND NOT

                    WAKING UP BECAUSE THE CEILING IS FALLING IN ON TOP OF YOU.

                                 TODAY WE MAKE SURE THAT THESE RENT LAWS ARE

                    PERMANENT SO THAT MY CONSTITUENTS DON'T HAVE TO COME HERE EVERY FIVE

                    YEARS TO TELL US TO DO OUR JOBS.  TODAY WE REPEAL THE VACANCY BONUS.

                    TODAY WE MAKE SURE THAT THE LAWS THAT DEREGULATE UNITS IN A MASSIVE

                    AMOUNT, EN MASSE, ARE NO LONGER ON THE BOOKS.  TODAY WE DO AWAY

                    WITH SCHEMES THAT DISPLACE TENANTS TO PREFERENTIAL RENT.  I'M A

                    PREFERENTIAL RENT LEASEHOLDER, AND THANKFULLY, I HAVE THE ABILITY TO PAY

                    FOR MY RENT.  BUT THAT IS NOT THE CASE FOR THE THOUSANDS AND THOUSANDS

                    OF CONSTITUENTS THAT WALK INTO MY OFFICE EVERY DAY.  WE KNOW THAT

                    WAGES IN THIS STATE ARE NOT INCREASING AT THE PACE THAT THE MARKET IS

                    INCREASING.  WE KNOW THAT THERE ARE SENIORS WITH FIXED INCOMES WHO

                    DO NOT HAVE AN INCREASE IN THE AMOUNT OF WAGES THAT ARE COMING IN, BUT

                    THEIR RENTS ARE GOING UP.  AND EACH AND EVERY DAY, WE SEE THOSE TENANTS

                                         118



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    COME INTO OUR OFFICES.  AND EACH AND EVERY DAY WE HAD TO TURN THOSE

                    TENANTS AWAY BECAUSE THE LAWS DO NOT TAKE INTO CONSIDERATION THE

                    HUMAN, THE HUMAN CAPITAL.  THE HUMAN BEINGS OF THOSE TENANTS.  TODAY

                    WE ALSO MAKE SURE THAT WE ARE GIVING TENANTS JUSTICE WHEN IT COMES TO

                    RENT OVER-CHARGE COMPLAINTS.  YOU KNOW, IN MY COMMUNITY WE PAY OUR

                    RENT WITH MONEY ORDERS.  IT'S VERY DIFFICULT TO TRACK A MONEY ORDER ONCE

                    IT'S OUT IN THE WORLD.  AND WHAT LANDLORDS HAVE BEEN DOING FOR DECADES

                    IS SENDING OUT MASS EVICTION NOTICES TO SEE WHO THEY CAN CATCH UP IN

                    THAT SYSTEM.  PEOPLE WHO ARE AFRAID TO GO TO COURT BECAUSE THEY LOOK

                    LIKE ME.  PEOPLE WHO DON'T KNOW THEIR RIGHTS.  PEOPLE WHO THINK THAT IF

                    THEY SHOW UP AT A COURTROOM, THERE'S GOING TO BE A CONSEQUENCE FROM

                    SHOWING UP TO THAT COURTROOM.  PEOPLE WHO ARE AFRAID TO SIMPLY

                    ANSWER COURT NOTICES.  AND WHEN THEY DO GO TO COURT, SOMETIMES

                    JUSTICE IS UNFORTUNATELY NOT ON THEIR SIDE.  AND SO TODAY WE'RE GIVING

                    THEM THE ABILITY TO GO IN AND HAVE SOME MORE TIME TO BUILD THEIR CASES.

                    WE'RE EXPANDING ETPA FOR TENANTS ACROSS THIS STATE BECAUSE WE KNOW

                    THIS IS NOT A NEW YORK CITY ISSUE.  WE KNOW THAT ACROSS THIS STATE

                    THERE ARE INEQUITIES THAT EXIST FOR TENANTS EVERYWHERE.  WE'RE

                    ELIMINATING BLACKLISTING.  HAVE YOU EVER TRIED TO RENT AN APARTMENT

                    WHEN YOU'VE BEEN ON A BLACK LIST?  I'M ON A BLACK LIST.  BECAUSE MY

                    NAME IS CARMEN DE LA ROSA AND MY MOTHER'S NAME IS CARMEN

                    DE LA ROSA.  AND IN THE 90'S SHE WENT ON A RENT STRIKE BECAUSE THEY

                    WOULDN'T FIX OUR APARTMENT.  AND WHEN I WENT TO RENT, I WAS ON A BLACK

                    LIST.  AND I HAD TO CALL A CREDIT COMPANY TO FIX MY CREDIT AND PROVE TO

                    THEM THAT I'M NOT MY MOTHER IN ORDER TO RENT AN APARTMENT IN NEW

                                         119



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    YORK STATE.  AND WHEN I CALLED THE LANDLORD TO TELL THEM BEFORE I CALLED

                    THE CREDIT UNION THAT I WAS BLACKLISTED, THE LANDLORD SAID TO ME, WELL,

                    YOUR PARENTS SHOULD HAVE PAID THE RENT.  WELL, YOU SHOULD HAVE

                    PROVIDED DIGNIFIED HOUSING FOR ME AND MY PARENTS AND MY SIBLINGS SO

                    THAT WE WOULDN'T HAVE TO GO TO COURT BECAUSE MY FATHER DIDN'T SPEND

                    THAT MONEY.  HE PUT IT AWAY AND HE WENT ON A RENT STRIKE BECAUSE OUR

                    RIGHTS AS PEOPLE WERE NOT BEING UPHELD.  BECAUSE WE DESERVE TO LIVE IN

                    AN APARTMENT WITH HEAT AND HOT WATER AND NO BEDBUGS.

                                 AND SO TODAY WE ARE PROUD THAT THIS PACKAGE IS

                    COMING BEFORE US.  WE KNOW THAT THE ROAD HAS BEEN HARD.  WHEN I WAS

                    ELECTED, I KNEW THAT THIS WAS A FIGHT THAT FOR MY COMMUNITY WAS A

                    PRIORITY.  BECAUSE IN ORDER FOR OUR COMMUNITIES TO CONTINUE TO SURVIVE

                    AND THRIVE, WE HAVE TO BE ABLE TO LIVE IN THEM.  WE HAVE TO BE ABLE TO

                    CONTINUE TO CONTRIBUTE TO OUR COMMUNITIES.  AND TODAY, THE TENANTS OF

                    NEW YORK STATE ARE PROUD OF THE WORK BEING DONE HERE, BECAUSE WE'RE

                    RETURNING JUSTICE AND DIGNITY FOR THE TENANTS OF NEW YORK STATE.  AND I

                    BELIEVE THAT ONCE THIS BILL IS PUT INTO LAW, WE WILL SEE GREAT, GREAT GAINS

                    FROM TENANTS WHO ARE NO LONGER LIVING IN FEAR IN OUR COMMUNITIES.  WE

                    KNOW THAT TENANTS ARE LIVING DAY-BY-DAY, TRYING TO GET BY.  TRYING TO

                    MAKE ENDS MEET.  WHEN A TENANT WALKED INTO MY OFFICE BECAUSE HE

                    CAN'T -- HE OR SHE CAN'T PAY HER RENT, SHE'S NOT GOING THERE SAYING, GUESS

                    WHAT?  I DIDN'T PAY MY RENT THIS MONTH.  THEY GO THERE WITH FEAR THAT IF

                    THEY'RE NOT ABLE TO MAKE THE NEXT MONTH'S PAYMENT, THEY WILL BE IN

                    HOUSING COURT.  AND THERE IS NO RECOURSE IN EXISTING LAW FOR THOSE

                    TENANTS TO STAND UP.

                                         120



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 TODAY, THANKS TO THE WORK OF OUR COLLEAGUES AND THE

                    ADVOCATES, WE'LL BE ABLE TO DELIVER HOUSING JUSTICE FOR THE TENANTS OF

                    NEW YORK STATE.  WHEN THE TIME COMES, I LOOK FORWARD TO PROUDLY

                    VOTING FOR THIS LEGISLATIVE -- THIS LEGISLATION, BECAUSE THE TENANTS OF

                    NORTHERN MANHATTAN SENT ME HERE TO ENSURE THAT THERE IS EQUITY IN THE

                    WORK THAT WE'RE DOING, AND THAT WE'RE PUTTING PEOPLE BEFORE PROFITS.

                    AND MY MESSAGE TO THOSE WHO SAY THAT BUILDINGS WILL BE DILAPIDATED,

                    AS MY COLLEAGUE STATED EARLIER, OUR BUILDINGS HAVE BEEN NEGLECTED FOR

                    FAR TOO LONG.  OUR BUILDINGS HAVE COLLAPSED.  OUR BUILDINGS HAVE

                    CARBON MONOXIDE POISONING.  OUR BUILDINGS ARE RIDDLED WITH VIOLATIONS

                    THAT WE HAVE NO RECOURSE IN LAW TO ACTUALLY FIX.  AND SO I LOOK FORWARD

                    TO ENSURING THAT THE FIGHT FOR TENANTS, WHICH TODAY, WE TAKE A MAJOR

                    STEP FORWARD WILL CONTINUE, BECAUSE WE HAVE TO MAKE SURE THAT TENANTS

                    HAVE A LEG UP IN ORDER FOR OUR COMMUNITIES TO CONTINUE TO SURVIVE AND

                    TO THRIVE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. WALKER.

                                 MS. WALKER:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR RISE FOR A COUPLE OF QUESTIONS, PLEASE?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  OF COURSE.

                                 MS. WALKER:  THANK YOU.  SO, I WANTED TO

                    COMMEND YOU FOR THE GREAT JOB THAT YOU'VE DONE IN TERMS OF PUTTING

                    TOGETHER THIS VERY, VERY IMPORTANT PACKAGE WHICH WILL ADDRESS THE

                                         121



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    PRESERVATIONS OF NEIGHBORHOODS ALL ACROSS OUR STATE.  AND WE'VE HEARD

                    A LOT OF COMMUNICATION FROM MANY OF OUR COLLEAGUES WHO'VE

                    COMMENDED YOU OVER THE COURSE OF YOUR WORK ON THIS AS TO REALLY HOW

                    GREAT AND HOW HOPEFUL WE ARE THAT THIS WILL CHANGE THE GAME FOR A

                    NUMBER OF OUR CONSTITUENTS.  BUT I WAS CONCERNED BY SOME OF THE

                    INDIVIDUALS WHO ARE IN HERE -- ACTUALLY, SOME OF -- I'M CONCERNED ABOUT

                    SOME OF THE INDIVIDUALS WHO SEEM TO BE EXEMPTED FROM THIS PIECE OF

                    LEGISLATION.  AS YOU KNOW, I REPRESENT THE NEIGHBORHOODS OF

                    BROWNSVILLE, EAST NEW YORK, WHICH ARE NOT JUST LOW-INCOME

                    COMMUNITIES, BUT IN MANY INSTANCES VERY LOW-INCOME COMMUNITIES.

                    AND ON PAGE 7, PART E, AT LINE 39 IT BEGINS,"... PROVIDED THAT FOR

                    BUILDINGS THAT ARE SUBJECT TO THIS STATUTE BY VIRTUE OF REGULATORY

                    AGREEMENT WITH THE LOCAL GOVERNMENT AGENCY OR FOR BUILDINGS WHICH

                    RECEIVE PROJECT-BASED RENTAL ASSISTANCE, THAT THESE PARTICULAR BUILDINGS

                    ARE EXEMPTED FROM THIS WITH RESPECT TO THEIR LEGAL RENT."  CAN YOU TELL

                    ME A LITTLE BIT ABOUT WHY THESE EXEMPTIONS ARE LISTED FOR SECTION 8, I'M

                    ASSUMING, TENANTS, AND FOR TENANT WITH THESE REGULATORY AGREEMENTS?

                                 MR. CYMBROWITZ:  THESE ARE PROJECT-BASED

                    SECTION 8S, AND THE TENANT CONTINUES TO PAY 30 PERCENT OF THEIR INCOME.

                    AND THE REASON IT'S EXEMPTED IS BECAUSE THE FEDERAL GOVERNMENT PAYS

                    THE DIFFERENCE, NO MATTER WHAT THAT -- WHATEVER THAT AMOUNT IS.

                                 MS. WALKER:  SO DOES THIS ONLY APPLY TO SECTION

                    8-BASED BUILDINGS, AND NOT NECESSARILY TO SECTION 8 VOUCHER TENANT

                    HOLDERS?

                                 MR. CYMBROWITZ:  THIS IS ONLY PROJECT-BASED

                                         122



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SECTION 8 BUILDINGS.

                                 MS. WALKER:  OKAY.  SO IN THAT RESPECT, IT ALSO

                    COVERS BUILDINGS WITH REGULATORY AGREEMENTS WITH RESPECT TO AN

                    EXEMPTION.  IS THAT CORRECT?

                                 MR. CYMBROWITZ:  THAT'S CORRECT.

                                 MS. WALKER:  SO, SOME OF THE THINGS THAT HAVE

                    BEEN HAPPENING WITH RESPECT TO MITCHELL-LAMA DEVELOPMENTS IN MY

                    COMMUNITY, THEY HAVE BEEN REDUCED TO ARTICLE 11 CONVERSIONS AND

                    OTHER CONVERSIONS WHERE THERE ARE THESE ENHANCED VOUCHER SITUATIONS

                    WHERE HPD, BY VIRTUE OF A REGULATORY AGREEMENT, WILL SAY TO THESE

                    TENANTS, I KNOW THAT YOU'RE PAYING $600 TODAY, BUT WE ARE GOING TO

                    RAISE THE RENT TO, LET'S SAY, $1,700.  YOU, RESIDENT, WILL GET A VOUCHER SO

                    THAT YOU DON'T FEEL THE RENT BURN OF THIS INCREASE.  BUT THE ENHANCED

                    VOUCHER WILL PAY THE DIFFERENCE BETWEEN WHAT YOU HAD BEEN PAYING

                    AND THE LEGAL RENT.  IN THIS PARTICULAR SITUATION, IT INDICATES THAT IF THERE

                    IS A REGULATORY AGREEMENT THAT THE NEW LEGAL RENT IS NOT WHAT IT USED TO

                    BE, WHICH WAS THE LAST RENT THAT A PERSON PAID, IT BECAME THE RENT THAT

                    THE REGULATORY AGREEMENT SAYS THAT IT IS, SO THAT THE NEXT PERSON WHO

                    ENTERS INTO THAT APARTMENT DOES NOT COME IN AT A LEGAL RENT THAT MAY

                    HAVE BEEN $600, BUT AT THE NEW RENT WHICH IS AT $1,700.  SO, IT IS JUST

                    MY SUGGESTION OR HOPE THAT WE ARE ALSO TAKING A LOOK AT PARTICULAR

                    SITUATIONS LIKE THAT FOR COMMUNITIES

                    WHICH ARE VERY, VERY LOW-INCOME, AND THE RENT WAS AT VERY LOW

                    AMOUNTS AND WE RECOGNIZE THAT THE CITY AND THE STATE NEEDED TO KICK IN

                    RESOURCES, BUT WE -- FOR THOSE PARTICULAR INDIVIDUALS, BUT WE WANT TO

                                         123



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MAKE SURE THAT WE ARE PRESERVING IT FOR THE FUTURE AS WELL SO THAT THE

                    PEOPLE WHO ARE COMING INTO OUR COMMUNITIES ARE NOT STARTING AT A RATE

                    OF $17- TO $1,800 A MONTH WHEN THE RENT RIGHT BEFORE THAT WAS ABOUT

                    $6- OR $700 A MONTH.  SO THANK YOU FOR ANSWERING THAT PARTICULAR

                    QUESTION.

                                 THERE IS ANOTHER QUESTION THAT I HAVE WITH RESPECT TO

                    FEES.  AND, I'M SORRY, IF YOU WILL FOLLOW ME TO PAGE NUMBER 47, SECTION

                    702 AT LINE 41.  IT SAYS THAT, "NO FEES, CHARGES OR PENALTIES OTHER THAN

                    RENT MAY BE BROUGHT IN A SUMMARY PROCEEDING PURSUANT TO THIS

                    ARTICLE..."  DOES THAT INCLUDE ATTORNEYS' FEES?

                                 (PAUSE)

                                 MR. CYMBROWITZ:  I'M BEING TOLD THAT THE

                    SUMMARY POSSESSION THAT YOU'RE TALKING ABOUT IS ONLY FOR POSSESSION,

                    AND THE ATTORNEY FEES COULD BE BROUGHT UP IN A SEPARATE ACTION.

                                 MS. WALKER:  OKAY.  SO THERE IS NO STRAIGHT

                    EXEMPTION ON THOSE PARTICULAR FEES.  SO I APPRECIATE YOU FOR ANSWERING

                    THOSE PARTICULAR QUESTIONS.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MS.

                    WALKER.

                                 MS. WALKER:  SO, AGAIN, I WANT TO COMMEND

                    SPEAKER HEASTIE, AS WELL AS CHAIRMAN CYMBROWITZ FOR BRINGING THIS

                    VERY IMPORTANT PIECE OF LEGISLATION TO OUR COMMUNITY AND TO OUR STATE.

                    HOWEVER, I WANT TO ALSO MAKE SURE THAT, PARTICULARLY, THE MOST

                    VULNERABLE AND RENT-BURDENED COMMUNITIES ACROSS OUR STATE ARE ALSO

                                         124



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    PROTECTED.  BECAUSE WHILE I DO HAVE A NUMBER OF RENT-STABILIZED

                    APARTMENTS WITHIN THE COMMUNITIES THAT I REPRESENT, MANY OF THOSE

                    INDIVIDUALS WERE NOT -- ARE NOT NECESSARILY COVERED BECAUSE THEY ARE IN

                    -- SOME INDIVIDUALS ARE IN RENT -- ARE IN THE SECTION 8 PROGRAM --

                    BUILDING-BASED SECTION 8 PROGRAMS, AND OTHER INDIVIDUALS ARE IN THESE

                    SORT OF LEGAL REGULATORY AGREEMENTS WITHIN HPD AS WELL.  SO IT BRINGS

                    OUR AMOUNT FOR LEGAL RENTS UP.  IT DOESN'T START US OUT ON THE SAME

                    PLAYING FIELD.  AND ALL THE WHILE THAT THERE IS A VOUCHER THAT'S AVAILABLE

                    FOR THAT PARTICULAR TENANT AND FOR THAT PARTICULAR APARTMENT, THEN ALL IS

                    GOOD AND EVERYONE IS HAPPY.  BUT WHAT HAPPENS THE DAY THAT PERSON IS

                    NO LONGER IN THAT APARTMENT?  NOW WE ARE STARTING OUT IN A COMMUNITY

                    LIKE BROWNSVILLE WHERE THE RENTS ARE NORMALLY ABOUT $6- OR $800 A

                    MONTH, TO LEGAL RENT BEING -- BEING -- STARTED AT THE AMOUNT SOMEWHERE

                    NEAR AROUND $1,700 A MONTH, WHICH SCARES ME.

                                 IN ADDITION TO THAT, ONE OF THE THINGS THAT WE'RE SEEING

                    HAPPENING IS THE MANDATORY INCLUSIONARY HOUSING, BECAUSE WE DIDN'T

                    TALK ABOUT 421(A), WHICH ALSO DOES NOT SEEM TO BE A PART OF THIS

                    PARTICULAR PACKAGE.  AND WHAT HAPPENED UNDER MIH IS, BASICALLY, IN A

                    WAY TO GET AROUND MANY OF THESE CHANGES IN 421(A), THE CITY OF NEW

                    YORK DECIDED HOW IT'S GOING TO DETERMINE RENT WITHIN OUR CITY FOR

                    MANY VULNERABLE COMMUNITIES, PARTICULARLY THOSE WHO ARE GOING

                    THOUGH UP-ZONING RIGHT NOW.  AND WHENEVER THERE'S AN UP-ZONING

                    SITUATION THAT TAKES PLACE AND SOMEONE IS LOOKING TO BUILD -- FOR

                    INSTANCE, NYCHA LOOKING TO BUILD ON A PARKING LOT IN OUR COMMUNITY,

                    THEY ARE UTILIZING STATE BONDS, 421 -- 421(A) SCENARIOS AND REGULATORY

                                         125



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AGREEMENTS WHICH ALLOWS FOR RENT TO BE SET AT MUCH HIGHER RATES THAN

                    WE ARE SEEING NOW PRESENTLY IN OUR COMMUNITIES.  AND THESE ARE THE

                    BUILDINGS THAT ARE RAVAGING THROUGH OUR NEIGHBORHOODS, AND THEY ARE

                    PARTICULARLY EXEMPTED FROM THIS PARTICULAR PIECE OF LEGISLATION.

                                 SO WHILE THIS IS A VERY HAPPY DAY IN MANY INSTANCES, I

                    DO STILL -- I DO STILL BELIEVE THAT WE STILL HAVE A LOT OF WORK TO DO AHEAD

                    OF US IN ORDER TO MAKE SURE THAT OUR MOST VULNERABLE COMMUNITIES,

                    PARTICULARLY THOSE WITH A NUMBER OF NEW YORK CITY HOUSING

                    APARTMENTS AND VACANT LAND WHERE WE ARE GOING TO BE NOTICING A

                    NUMBER OF BUILDINGS TAKING PLACE WITHIN OUR NEIGHBORHOODS.  MANY OF

                    THE MITCHELL LAMA CONVERSIONS WHICH WILL BECOMING RENT-STABILIZED

                    UNITS UNDER REGULATORY AGREEMENTS, AS WELL AS THE SECTION 8

                    BUILDING-BASED DEVELOPMENTS WHICH ARE TAKING PLACE ALL ACROSS OUR

                    CITY, AND DEFINITELY WITHIN THE COMMUNITIES THAT I REPRESENT.

                                 SO, AGAIN, I WANT TO COMMEND THE SPONSOR.  I WANT TO

                    COMMEND THIS ENTIRE BODY FOR ALL OF THE WORK, INCLUDING THE STAFF.  AND

                    THIS IS A VERY PROUD MOMENT, BUT THIS CANNOT BE A MOMENT WHERE MANY

                    OF THE VULNERABLE COMMUNITIES ACROSS OUR STATE WILL NOT, YOU KNOW,

                    SORT OF SEE THEIR DAY IN THE SUNLIGHT.  AND I ENCOURAGE EACH AND EVERY

                    ONE OF US TO CONTINUE PRESSING FORWARD SO THAT ALL OF OUR TENANTS CAN BE

                    COLLECTIVELY CELEBRATING IN THIS VERY GREAT AND MOMENTOUS OCCASION.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 MRS. BARRETT.

                                 MRS. BARRETT:  THANK YOU, MR. SPEAKER.

                                         126



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL,

                    MA'AM.

                                 MRS. BARRETT:  I WOULD LIKE TO THANK THE SPEAKER

                    AND THE CHAIR OF HOUSING, MR. CYMBROWITZ, AND THE STAFF FOR WHAT IS A

                    REVOLUTIONARY STATEWIDE APPROACH TO RENT REGULATION, AND TO SAY THAT IT

                    WAS MY HONOR TO BE ABLE TO TAKE CHAIRMAN CYMBROWITZ AROUND MY

                    DISTRICT TO VISIT THE MOBILE HOME COMMUNITIES THAT -- WHERE HE SAW

                    POWER LINES BASICALLY UNDER WATER, AND OPEN SEWERS AND HEARD DIRECTLY

                    FROM CONSTITUENTS OF MY DISTRICT, THE CHALLENGES THAT THEY'RE FACING.  IN

                    THE SEVEN YEARS THAT I'VE BEEN IN THE LEGISLATURE, I'VE BEEN HEARING OVER

                    AND OVER AGAIN ABOUT PROTECTIONS FOR NEW YORK CITY RENTERS AND -- AND

                    EVERY TWO YEARS, THESE RENT REGULATIONS, AND NEVER HAVE WE BEEN ABLE TO

                    ADDRESS ISSUES THAT IMPACT UPSTATE.  AND SO I'M REALLY THRILLED.  I THINK

                    THIS IS REALLY EXTRAORDINARY TO SEE OUR CONFERENCE EMBRACE TENANT

                    ISSUES AND RENT ISSUES AND HOUSING AND AFFORDABLE HOUSING ISSUES IN A

                    STATEWIDE, HOLISTIC WAY.  AND I REALLY COMMEND THE SPEAKER AND THE

                    CHAIR FOR UNDERSTANDING THE IMPORTANCE OF THAT, AND TO MY COLLEAGUES

                    FOR SUPPORTING THE WORK THAT WE'RE DOING FOR COMMUNITIES THAT ARE --

                    THAT ARE MARGINALIZED OUTSIDE OF NEW YORK CITY AS WELL AS THOSE THAT

                    ARE IN NEW YORK CITY.

                                 SO, THANK YOU FOR THIS OPPORTUNITY TO SPEAK, AND

                    AGAIN, I COMMEND MY COLLEAGUES ON THIS.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 MS. WALLACE.

                                         127



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MS. WALLACE:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MS.

                    WALLACE.

                                 MS. WALLACE:  I RISE TO SPEAK ON BEHALF OF THAT

                    PORTION OF THE BILL RELATING TO MOBILE HOME PARKS.  I HAVE FOUR SUCH

                    MOBILE HOME PARKS IN MY FIRST-RIG SUBURBAN COMMUNITY IN WESTERN

                    NEW YORK.  AND LIKE SO MANY OF THESE MOBILE HOME PARKS ACROSS THE

                    STATE AND ACROSS THE COUNTRY, RESIDENTS OWN THE HOME BUT NOT THE LAND

                    UPON WHICH THEY SIT.  AND THE NAME "MOBILE HOME", AS HAS BEEN

                    MENTIONED HERE MANY TIMES, IS REALLY A MISNOMER BECAUSE IT'S NOT

                    ACTUALLY MOBILE.  PEOPLE, AND MANY TIMES THEY'RE SENIORS, AND I CAN SAY

                    FROM HAVING WALKED THROUGH ALL FOUR OF THESE MOBILE HOME PARKS IN

                    MY COMMUNITY, THEY ARE -- MOST OF THEM ARE SENIORS, PURCHASED THESE

                    HOMES RELYING ON THE FACT THAT THEY ARE IN A PARK, AND EXPECT TO LIVE OUT

                    THEIR GOLDEN YEARS AND EXPECT THAT TO CONTINUE AS A MOBILE HOME PARK

                    IN PERPETUITY.  BUT WHAT IS HAPPENING IS THAT BIG OUT-OF-STATE CORPORATE

                    INTERESTS ARE BUYING THE LAND AND EVICTING THESE RESIDENTS OF THE PARK;

                    PEOPLE WHO INVESTED THEIR LIFE SAVINGS, THEIR NEST EGG, IN THAT MOBILE

                    HOME, OR JACKING UP THE RENTS TO WHERE IT'S SIMPLY UNSUSTAINABLE FOR

                    THEM TO CONTINUE TO LIVE THERE.  THIS ACTUALLY HAPPENED, AS WAS

                    MENTIONED EARLIER, IN A MOBILE HOME PARK IN AKRON, NEW YORK, WHICH

                    IS NOT IN A DISTRICT THAT I REPRESENT.  BUT IT IS NEARBY AND COULD JUST HAVE

                    WELL HAVE BEEN, WHERE AN INVESTMENT COMPANY FROM OUT-OF-STATE

                    BOUGHT THE PROPERTY AND RAISED THE RENTS TO AN UNSUSTAINABLE AMOUNT,

                                         128



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AND THEY'RE NOW THREATENING TO EVICT THESE RESIDENTS, THESE SENIORS,

                    FROM THE HOMES.  WHAT ARE THESE PEOPLE SUPPOSED TO DO?  THEY CAN'T

                    PICK UP AND MOVE THEIR $100,000 OR THEIR $50,000 INVESTMENT.  THIS

                    DRAMATICALLY DECREASES THE VALUE OF THEIR PROPERTY AND REDUCES THE

                    INVEST -- THE VALUE OF THEIR NEST EGG.  AND AS BETWEEN THE SENIORS IN MY

                    COMMUNITY AND THE OUT-OF-STATE CORPORATE INTERESTS, I SIDE WITH THE

                    SENIORS.

                                 SO I WANT TO THANK THE SPEAKER, I WANT TO THANK THE

                    CHAIR, AND I WANT TO THANK MR. THIELE AND MRS. BARRETT FOR THEIR

                    TENACITY ON THIS ISSUE, AND I'M GOING TO BE CASTING MY VOTE IN THE

                    AFFIRMATIVE ON BEHALF OF THE RESIDENTS IN MY MOBILE HOME COMMUNITIES

                    AND ACROSS NEW YORK STATE.  THANK YOU.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                 MR. CRESPO.

                                 MR. CRESPO:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, SIR.

                                 MR. CRESPO:  WHAT A GREAT DAY FOR THE PEOPLE OF

                    MY DISTRICT.  WHAT A GREAT DAY FOR RENTERS ACROSS NEW YORK STATE.

                    WHAT A GREAT DAY FOR ALL OF US, AND WE SHOULD BE PROUD TO MAKE

                    HISTORY, CHANGING THE DYNAMICS THAT FAR TOO OFTEN AFFECT THE LIVELIHOOD

                    AND THE STABILITY OF FAMILIES ACROSS OUR DISTRICTS AND COMMUNITIES.  I AM

                    ONE OF THOSE RENT-REGULATED TENANTS.  I HAVE SEEN FIRSTHAND WHAT IT IS

                    LIKE WHEN YOUR LANDLORD PLAYS GAMES, WHEN THEY PLAY AROUND WITH THE

                    -- THE RULES AND/OR MAKE YOU -- EVEN IF -- EVEN IN THE INSTANCES WHERE

                                         129



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THEY HAVE THE ABILITY TO DO CERTAIN THINGS, THEY DO SO WITH A DETERMINED

                    EFFORT TO SCARE YOU AND/OR PUSH YOU OUT.  WHY WOULD ANYBODY WANT TO

                    LIVE WITH CONSTANT THREATS?  WHY WOULD ANYBODY WANT TO CONSISTENTLY

                    HEAR THAT THERE IS NO REPAIRS COMING?  WHY WOULD ANYBODY WANT TO

                    CONSISTENTLY BE THREATENED WITH -- WITH NOTICES AND/OR THREATS OF BEING

                    PUSHED OUT OR PHASED OUT OR PRICED OUT OF THEIR HOMES?  AND THAT IS

                    WHAT HAS BEEN HAPPENING.  ANYBODY WHO COMES TO MY DISTRICT OFFICE, I

                    ENCOURAGE ANYBODY TO VISIT, AND YOU WILL SIT THERE FOR A DAY AND SEE 40

                    TO 50 PEOPLE WALK IN, LOOKING FOR HELP.  I CAN ASSURE YOU THAT UPWARDS

                    OF 80 TO 90 PERCENT OF THOSE ON A DAILY BASIS ARE RENTERS GOING THROUGH

                    A PROBLEM WITH THEIR LANDLORD.  A BUILDING ON STRATFORD AVENUE ACROSS

                    THE -- TWO BLOCKS AWAY FROM MY DISTRICT OFFICE, WE'VE BEEN ORGANIZING

                    THERE FOR THE LAST YEAR-AND-A-HALF.  THEY SPENT TWO YEARS WITHOUT GAS IN

                    THE BUILDING, WITHOUT ELEVATOR SERVICE IN A SEVEN-STORY BUILDING.  MANY

                    OF THE TENANTS WHO PUT FORWARD COMPLAINTS WERE REMINDED OF THEIR

                    IMMIGRATION STATUS AND TOLD THAT IF THEY COMPLAINED TOO MUCH THAT THE

                    LANDLORD WOULD, YOU KNOW, "MAKE OTHER CALLS" ON THEIR BEHALF.  WE

                    HAVE SEEN THIS FAR TOO OFTEN IN OUR NEIGHBORHOODS, AND FINALLY TODAY, I

                    HAVE AN OPPORTUNITY TO BE A PART OF SOMETHING TO OFFER RELIEF, TO OFFER A

                    FAIR PLAYING FIELD, AND TO GIVE SOME ADDITIONAL PROTECTIONS TO RENTERS IN

                    MY COMMUNITY.  HOW MANY TIMES HAVE I BEEN TO MEETINGS IN BUILDINGS

                    NOT THAT DIFFERENT FROM MY OWN WHERE THE COMMUNITY GATHERED TO HEAR

                    ABOUT A PROPOSAL WHERE FINALLY AN IMPROVEMENT WAS COMING, BUT IT WAS

                    GOING TO COST THEM A SIGNIFICANT INCREASE THAT MANY OF THEM COULD NOT

                    AFFORD.  IMAGINE LIVING IN A BUILDING WHERE HEAT IS A CONSTANT PROBLEM,

                                         130



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    DESPITE THE FACT THAT THE LAW SAYS THAT YOU HAVE TO BE PROVIDED HEAT

                    DURING THE WINTER, BUT YET, IT JUST DOESN'T COME OR IT COMES

                    INTERMITTENTLY OR IT GOES OUT FOR EXTENDED PERIODS OF TIME AND YOU'RE

                    FORCED TO LIVE THAT WAY.  YOUR CHILDREN SHIVERED THROUGH THE NIGHT.

                    DAY AFTER DAY, YOUR ELDERLY FAMILY MEMBERS -- I KNOW ONE OF MY

                    COLLEAGUES TALKED A LOT ABOUT -- EARLIER TODAY ABOUT THE -- THE CONDITION

                    OR POTENTIAL CONDITION OF THEIR GRANDMOTHER.  WELL, HOW MANY

                    GRANDMOTHERS HAVE I VISITED IN BUILDINGS WHERE THEY WERE FORCED TO

                    LEAVE AND -- AND LIVE IN SOMEBODY'S LIVING ROOM BECAUSE THEIR OWN UNIT

                    SIMPLY WAS UNINHABITABLE FOR AN ENTIRE SEASON?  THOSE STORIES ARE

                    COMMONPLACE IN MY DISTRICT.  THOSE STORIES -- I KNOW WE HEARD AN

                    IMPASSIONED SPEECH WHAT HAPPENS IN BROOKLYN.  WE'VE HEARD AN

                    IMPASSIONED SPEECH ABOUT WHAT HAPPENS IN NORTHERN MANHATTAN.

                    WE'VE HEARD THOSE SPEECHES ABOUT COMMUNITIES ACROSS THE STATE.  I CAN

                    TELL YOU THAT IN THE BOROUGH OF THE BRONX, WHEN FOLKS ARE TALKING ABOUT

                    DISPLACEMENT, WHEN FOLKS ARE TALKING ABOUT GENTRIFICATION, WHEN FOLKS

                    ARE TALKING ABOUT STABILITY AND JUST HAVING A CHANCE TO CONTINUE TO CALL

                    THE BRONX HOME, IT IS WHAT WE ARE FIXING TODAY THAT WILL OFFER THEM

                    FINALLY A SENSE OF RELIEF AND OPPORTUNITY.  IT WON'T GUARANTEE THEM

                    ANYTHING, BUT IT WILL CERTAINLY GIVE THEM A FIGHTING CHANCE THAT SOME OF

                    THESE GAMES WILL STOP, AND THAT -- AND THAT THEY WILL HAVE GREATER

                    OPPORTUNITIES TO REMAIN IN PLACE.

                                 THIS PACKAGE, THE FACT THAT IS PERMANENT IS A HISTORIC

                    STEP FOR RENTERS IN MY COMMUNITY AND ALL -- THE STATE OF NEW YORK.

                    THE VACANCY BONUS ELIMINATION, THE PREFERENTIAL RENT -- PREFERENTIAL

                                         131



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RENT BEING PROTECTED, AND LEASE RENEWALS.  THE EXPANSION OF THE LOOK-

                    BACK ON RENT OVERCHARGES.  I JUST HAD A CONSTITUENT, WITH THE ASSISTANCE

                    OF MY OFFICE, SECURE A QUARTER-OF-A-MILLION DOLLARS IN A COURT ORDER IN

                    TREBLE DAMAGES.  IMAGINE WHAT THAT FAMILY HAD BEEN PUT THROUGH FOR AN

                    EXTENDED PERIOD OF TIME TO GET TO THAT LEVEL OF RELIEF?  AND THAT IS NOT A

                    UNIQUE STORY.  THE MCI REFORMS AND IAI REFORMS.  AND THE IMMEDIATE

                    REDUCTION FOR THOSE THAT HAVE SEEN MCIS IN THE LAST SEVEN YEARS TO BE

                    ABLE TO IMMEDIATELY UPON PASSAGE AND SIGNAGE OF THESE PROTECTIONS, SEE

                    A REDUCTION IN THEIR RENT BECAUSE OF A REDUCTION OF THE MCI CHARGE.

                    THAT, IN ITSELF, IS A GAME CHANGER FOR FAMILIES WHO ARE STRUGGLING TO

                    REALLY PAY FOR THAT MEDICINE, OR TO REALLY AFFORD TO STAY IN THEIR HOMES.

                    I -- THE EVICTION REFORM -- OH, BY THE WAY, I GOT ELECTED IN 2009.  ONE

                    OF THE FIRST THINGS I DID WAS TAKE A BROCHURE FROM "EDITORIAL."  THAT WAS

                    A TENANT RIGHTS BROCHURE THAT WAS MADE AVAILABLE TO MEMBERS, AND I

                    POSTED IT PROUDLY ONLINE.  WELL, WHAT I DIDN'T REALIZE WAS THE

                    UNINTENDED CONSEQUENCE OF THAT, BECAUSE I COULD ASSURE YOU THAT ON A

                    WEEKLY BASIS, MY OFFICE GETS FIVE TO TEN CALLS FROM RENTERS AROUND THE

                    STATE, OUTSIDE OF MY DISTRICT.  MANY OF THEM THE VERY PEOPLE WHO WERE

                    FORCED OUT OF THEIR -- OF THEIR HOME IN THE BRONX AND ENDED UP LIVING IN

                    OTHER COUNTIES AROUND THE STATE -- MANY TIMES IN PRIVATE HOMES OR IN

                    SMALL BUILDINGS -- AND THEY HAD NO IDEA OF WHAT THEY CAN DO GIVEN THE

                    CIRCUMSTANCES THEY WERE IN.  I GOT A CALL FROM A FORMER BRONX RESIDENT

                    WHOSE MOM STILL LIVES ON THE BLOCK WHERE MY OFFICE IS.  SHE WAS BEING

                    THREATENED WITH EVICTION BECAUSE SHE COMPLAINED ABOUT A FLOOD THAT

                    WAS OCCURRING IN HER KIDS' ROOM, AND -- AND SHE MOVED TO A COUNTY

                                         132



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    UPSTATE AND SHE HAD NO IDEA WHO SHE COULD TURN TO.  SHE CALLED SEVERAL

                    OFFICES.  THERE WAS NO CLARITY AS TO WHERE SHE WOULD GET ANY

                    PROTECTIONS OR ASSISTANCE.  SOMEBODY SAID, WELL, JUST GO TO COURT.

                    WELL, THAT WASN'T AN OPTION FOR HER.  SHE DIDN'T KNOW HER WAY AROUND.

                    THERE WAS NO RELIEF.  SO THE FACT THAT WE ARE EXTENDING PROTECTIONS

                    STATEWIDE TO FINALLY GIVE CLARITY AS TO WHAT TENANTS CAN DO ACROSS --

                    RENTERS CAN DO ACROSS THE STATE IS A GAME CHANGER FOR SO MANY FAMILIES.

                                 I -- I -- I HAVE TO SAY THIS:  I DON'T KNOW OF ANOTHER BILL

                    THAT I HAVE SEEN YET IN MY TIME HERE THAT I'VE HAD A CHANCE TO VOTE ON

                    THAT WILL HAVE AS GREAT AN IMPACT IN MY COUNTY AS THIS ONE.  AND -- AND

                    I KNOW THAT, UNFORTUNATELY, MANY OF THE DAMAGES THAT HAVE OCCURRED

                    BECAUSE OF THE ABUSES IN THIS INDUSTRY AND TOWARDS RENTERS THAT HAVE

                    OCCURRED IN OTHER DISTRICTS AND OTHER COUNTIES IN THE CITY OF NEW YORK

                    -- YOU KNOW, IN THE BRONX WE ALWAYS TALK ABOUT HOW NOW PEOPLE ARE

                    REALIZING THE POTENTIAL AND THE CHANGES THAT WE'VE SEEN IN OUR

                    COMMUNITY, INCREASED ECONOMIC DEVELOPMENT.  THE INCREASED INCOME

                    AS MORE BRONXITES ARE WORKING NOW MORE THAN EVER BEFORE.  MORE

                    DEVELOPMENT, WHICH IS CHANGING WHAT THE MARKET RATES IN THE BRONX

                    ARE.  WELL, THAT HAS BEEN A THREAT, A CONSTANT THREAT.  WHILE YES, LIFE IS

                    GETTING BETTER, BUT IF YOU ARE A RENTER, AS THE MAJORITY OF THE PEOPLE IN

                    OUR COMMUNITY STILL ARE, YOU ARE NOW POTENTIALLY GOING TO GET PHASED

                    OUT BECAUSE THOSE IMPROVEMENTS ARE NOT MEANT FOR YOU.  AND TODAY THE

                    MESSAGE WE SEND WITH THIS BILL IS THAT IT IS.

                                 AND SO I WANT TO THANK THE SPEAKER, I WANT TO THANK

                    THE CHAIR, CYMBROWITZ, ALL OF THE COLLEAGUES WHO WERE PART OF THE

                                         133



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HEARINGS.  I WANT TO THANK ALL OF THE COLLEAGUES AND ADVOCATES WHO WILL

                    SUPPORT THIS, AND EVERYBODY WHO MOBILIZED AROUND THE STATE, AND TO

                    TELL MY STAFF THAT FINALLY, WE WILL HAVE BETTER TOOLS TO HELP ALL THOSE

                    CONST -- CONSTITUENTS WHO COME TO SEEK OUR ASSISTANCE.

                                 I WILL PROUDLY BE VOTING IN THE AFFIRMATIVE, AND I WANT

                    TO THANK EVERYBODY WHO MADE THIS DAY POSSIBLE.

                                 ACTING SPEAKER PICHARDO:  MS. SIMON.

                                 MS. SIMON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL, MS.

                    SIMON.

                                 MS. SIMON:  FOR FAR TOO LONG, FAMILIES HAVE BEEN

                    FORCED OUT OF THEIR HOMES AND NEIGHBORHOODS BECAUSE OF HUGE AND

                    UNFAIR RENT INCREASES, AND LANDLORDS WHO GAMED THE SYSTEM AND PUT

                    PROFITS OVER PEOPLE.  FOR FAR TOO LONG, THIS LEGISLATURE GAVE LANDLORDS

                    THE TOOLS TO GAME THE SYSTEM AND TO HARM THE PEOPLE OF NEW YORK.

                    THE SINGLE LARGEST CAUSE OF HOMELESSNESS IN NEW YORK CITY IS BECAUSE

                    THE RENT IS TOO DAMN HIGH.  AND THE RENT GOT TOO DAMN HIGH BECAUSE OUR

                    LAWS ALLOWED IT.  WELL, THAT WILL NO LONGER BE THE CASE.  TODAY WE MAKE

                    A HUGE STEP FORWARD TO PROT -- PROTECT TENANTS AND CORRECT THE BALANCE.

                    WE'RE ELIMINATING VACANCY DECONTROL.  WE'RE ELIMINATING VACANCY

                    BONUSES.  WE'RE ELIMINATING THE MISUSES OF PREFERENTIAL RENT.  WE'RE

                    LIMITING THE AMOUNT OF INCREASES TO RENT-CONTROLLED TENANTS.  AND WE'RE

                    CUTTING BACK ON A LANDLORD'S ABILITY TO MISUSE MCIS AND IAIS IN PART BY

                    NARROWING THE CATEGORIES FOR WHICH THEY CAN BE USED, AND REDUCING THE

                                         134



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AMOUNTS OF MCIS, AND BY REQUIRING THAT COSTS -- SHOCKINGLY -- BE

                    REASONABLE, ACTUAL, AND VERIFIABLE.

                                 I'M SO HAPPY THAT I WILL NO LONGER BE GETTING PHONE

                    CALLS FROM 80-YEAR-OLD WOMEN WHO ARE IN TEARS, CRYING ABOUT THE LATEST

                    MCI.  STATEWIDE, WE'RE PROTECTING -- WE'RE PROHIBITING RETALIATORY

                    EVICTION, AND PROHIBITING LANDLORDS FROM USING DATABASES OF COURT

                    INFORMATION TO BLACKLIST TENANTS LIKE CARMEN AND HER MOTHER, AND TO

                    FORBID THE SALE OF THAT DATA TO THIRD-PARTIES, ALONG WITH MANY OTHER

                    PROTECTIONS.  AND PERHAPS MOST CRITICALLY, WE'RE MAKING THESE CHANGES

                    PERMANENT.  NO LONGER WILL WE BE BACK HERE EVERY FEW YEARS FIGHTING

                    THIS BATTLE, BANGING OUR HEADS AGAINST THE WALL, AND TENANTS WILL NOW

                    NOT ONLY HAVE THE PROTECTIONS THAT THEY HAVE NEEDED, BUT PEACE OF

                    MIND.

                                 I WANT TO THANK THE CHAIR OF OUR HOUSING COMMITTEE,

                    MR. CYMBROWITZ, FOR ALL YOUR WORK.  FOR ALL MY COLLEAGUES WHO

                    ADVOCATED FOR THESE REFORMS.  I WANT TO THANK SPEAKER HEASTIE FOR HIS

                    STEADFAST COMMITMENT TO GETTING THIS DONE, AND I THANK THE ADVOCATES

                    WHO NEVER GAVE UP, WHO ADVOCATED AND EDUCATED AND MADE THE ABUSES

                    OF OUR LAWS REAL BY TELLING THEIR STORIES.

                                 IN 2015, I WAS ONE OF ONLY THREE DEMOCRATS IN THIS

                    HOUSE WHO VOTED AGAINST THE END-OF-YEAR OMNIBUS BILL BECAUSE OF THE

                    TERRIBLE WAY IT TREATED TENANTS.  TODAY I'M GOING TO BE HONORED TO VOTE

                    FOR THIS BILL.

                                 THANK YOU.

                                 ACTING SPEAKER PICHARDO:  THANK YOU.

                                         135



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MS. LINDA ROSENTHAL.

                                 MS. ROSENTHAL:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER PICHARDO:  ON THE BILL.

                                 MS. ROSENTHAL:  LIKE MANY YOUNG ADULTS

                    RETURNING FROM COLLEGE, I WENT HOME AFTER GRADUATION TO LIVE WITH MY

                    GRANDMOTHER IN HER RENT-CONTROLLED APARTMENT ON THE UPPER WEST SIDE.

                    SHORTLY AFTER I MOVED IN, HER -- HER LANDLORD TRIED TO EVICT US.  I DIDN'T

                    KNOW THE RULES, SO I DIDN'T KNOW AT THE TIME THAT IT WAS AN ILLEGAL

                    EVICTION ACTION DESIGNED TO INTIMIDATE MY GRANDMOTHER INTO LEAVING

                    HER HOME, A HOME SHE HAD OCCUPIED SINCE 1939.  BUT I KNEW I NEEDED

                    TO FIGHT.  I WENT TO COURT.  I HAD A BAD LAWYER.  I WASN'T INVOLVED IN

                    COMMUNITY AND POLITICS, SO WENT TO HOUSING COURT.  THE JUDGE SAID,

                    GRANDCHILDREN ARE NOT IMMEDIATE FAMILY.  NOT TRUE.  HE DOUBLED THE

                    RENT, BUT HE GAVE ME A RENT-STABILIZED LEASE.  BUT THOSE MONTHS OF

                    WORRYING, SUBPOENAS OF MY 87-YEAR-OLD GRANDMOTHER WERE

                    HEART-WRENCHING, STRESSFUL AND ARE STILL INSIDE ME TODAY.  MY

                    GRANDMOTHER AND I WERE LUCKY THAT WE WON, BUT MOST -- MANY PEOPLE

                    ARE NOT THAT LUCKY.  AFTER YEARS OF HARASSMENT AND IN SOME CASES

                    DOZENS OF FRIVOLOUS EVICTION ATTEMPTS, MANY TENANTS SIMPLY GIVE UP THE

                    FIGHT.  THEY LOSE THEIR HOMES, AND WE LOSE ANOTHER AFFORDABLE HOUSING

                    UNIT TO LANDLORD GREED.  THIS SAD SCENE HAS REPLAYED COUNTLESS TIMES

                    OVER THE COURSE OF THE YEARS SINCE I WON MY EVICTION CASE, AND WE HAVE

                    LOST THOUSANDS OF UNITS OF AFFORDABLE HOUSING AS A RESULT.  FOR YEARS, THE

                    LAWS THAT WE HAD ON THE BOOKS, THE ONES THAT WE WILL FINALLY REPLACE

                                         136



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WITH TODAY'S VOTES, NOT ONLY DID NOT DO ENOUGH TO PROTECT HARD-WORKING

                    NEW YORK RENTERS, IN MANY CASES, THEY ACTUALLY PROVIDED PERVERSE

                    INCENTIVES TO LANDLORDS TO HARASS AND EVICT THEIR TENANTS.

                                 I FIRST INTRODUCED THE BILL TO REPEAL VACANCY DECONTROL

                    AND REFORM RENT CONTROL TEN YEARS AGO AFTER SEEING THE HEARTACHE AND

                    UPHEAVAL THESE TWO LAWS TOGETHER CAUSED MY CONSTITUENTS.  MARY WAS

                    AN 83-YEAR-OLD RETIRED JOURNALIST WHO CAME INTO MY OFFICE LOOKING FOR

                    PART-TIME WORK, BECAUSE AS A RENT-CONTROLLED TENANT SHE COULD NO

                    LONGER AFFORD TO PAY HER RENT AFTER YEARS OF AUTOMATIC BIANNUAL 7.5

                    PERCENT RENT INCREASES.  THIS WAS BEFORE WE INCREASED SCRIE TO

                    $29,000, SO MARY COULD NOT QUALIFY TO HAVE HER RENT FROZEN.  MY OFFICE

                    COBBLED TOGETHER A SERIES OF GRANTS TO HELP MARY PAY HER RENT, AND SHE

                    STARTED FREELANCING AS A WRITER ONLINE AT 83 YEARS OLD IN ORDER TO PAY HER

                    EVER-RISING RENT-CONTROLLED UNIT'S RENT AND AN UNCONSCIONABLE FUEL PASS

                    ALONG.

                                 STANLEY WAS 94 WHEN HE CAME TO MY OFFICE.  HE WAS

                    NEARLY DEAF, INCREDIBLY FRAIL, AND HAD A COLOSTOMY BAG.  HE WAS ONE OF

                    THREE RENT-CONTROLLED TENANTS LEFT IN THE BUILDING WHERE HE'D LIVED FOR

                    50 YEARS, AND HIS LANDLORD SERVED HIM WITH FRIVOLOUS EVICTION PAPERS.

                    HE WENT TO COURT, AND WITH THE HELP OF MFJ, HE WON HIS CASE.  IN THE

                    FEW YEARS BEFORE HIS DEATH, STANLEY'S LANDLORD TRIED TO EVICT HIM

                    MULTIPLE TIMES.  EACH TIME, STANLEY, OLDER AND SICKER, HAD TO GO TO

                    COURT, WHERE HE WOULD EVENTUALLY WIN.  THE LANDLORD HOPED HE WOULD

                    WEAR STANLEY DOWN AND HE WOULD JUST LEAVE.  STANLEY DID NOT LEAVE.

                    HE WON, BUT HIS FINAL YEARS WERE A MISERY BECAUSE HE WAS UNDER

                                         137



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONSTANT THREAT OF EVICTION.  THAT IS WHAT VACANCY DEREGULATION CREATED.

                                 NELSON IS A RENT-REGULATED SNAP RECIPIENT.  HIS

                    LANDLORD HAS SERVED HIM WITH EVICTION PAPERS NO FEWER THAN 30 TIMES IN

                    THE LAST TEN YEARS.  ONE TIME THE LANDLORD BASED THE CASE ON NELSON

                    KEEPING A WELCOME MAT OUTSIDE HIS APARTMENT DOOR.  NELSON IS SCARED

                    TO FILE A HARASSMENT CASE, BECAUSE EVEN THOUGH HE'S VERY CLEARLY LIKELY

                    TO PREVAIL, HE FEARS LANDLORD REPRISAL AND MORE FRIVOLOUS EVICTION

                    ATTEMPTS.

                                 PAULETTE HAS LIVED IN HER RENT-STABILIZED APARTMENT FOR

                    DECADES.  IT'S BIG, IT'S BEAUTIFUL.  SHE PAYS AN AFFORDABLE BUT REASONABLE

                    RENT.  BUT HER INCOME IS SO LOW, SHE IS NOT REQUIRED TO PAY TAXES.

                    KNOWING THIS, HER LANDLORD FILED A HIGH RENT, HIGH INCOME DEREGULATION

                    PETITION AGAINST HER YEAR AFTER YEAR.  THAT MEANS SHE MUST PROVE HER

                    INCOME.  SHE'S ELDERLY, SHE'S PARTIALLY DISABLED, AND WITHOUT TAX RETURNS

                    STRUGGLES TO PROVIDE THE RELEVANT DOCUMENTATION.  AS SOON AS SHE

                    SATISFIED THE CLAIM ONE YEAR, SHE HAS TO BEGIN AGAIN THE NEXT.

                                 EACH OF THESE PEOPLE IS REAL, AND THEIR STORIES ARE

                    REPRESENTATIVE OF THOUSANDS OF OTHERS.  THESE PEOPLE HAVE STOOD ON THE

                    PRECIPICE OF HOMELESSNESS, TERRIFIED AND FIGHTING TO STAY IN THEIR HOMES

                    WHEN THEY SHOULD HAVE BEEN ENJOYING THEIR GOLDEN YEARS, BECAUSE

                    LANDLORDS WROTE THE RENT LAWS THROUGH THEIR CAMPAIGN CONTRIBUTIONS.  I

                    HAVE FOUGHT ALONGSIDE THESE TENANTS.  EVERYONE, LIKE MY GRANDMOTHER

                    -- AND I'M PROUD TO SAY THAT MY OFFICE HAS NEVER LOST AN EVICTION CASE.

                    BUT HOW MANY OTHERS, THE ONES WHO DIDN'T VISIT MY OR ANY OTHER

                    ELECTED OFFICIAL'S OFFICE, HOW MANY OF THEM ARE STILL IN THEIR HOMES OR

                                         138



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    FEARING EVICTION OR AN INCREASE IN RENT ANY MOMENT?

                                 TODAY THIS PACKAGE OF BILLS WILL HELP UNDO THE YEARS

                    OF SUFFERING, PREVENT THE KIND OF HARASSMENT AND/OR ABUSE THAT OUR

                    WEAK LAWS HAVE ALLOWED FOR FAR TOO LONG, AND I'M SO PROUD OF THE PART

                    THAT MY COLLEAGUES HERE HAVE PLAYED, AND TO HELPING TO REALIZE THIS

                    MOMENT.  IN THE YEAR SINCE I STARTED DOING THIS, THE MOVEMENT FOR

                    HOUSING JUSTICE HAS GROWN TO INCLUDE SO MANY PEOPLE AN ORGANIZATION

                    WHO UNDERSTANDS THAT HOUSING IS A HUMAN RIGHT.  NEW YORK

                    COMMUNITIES FOR CHANGE, MAKE THE ROAD NEW YORK, CROWN HEIGHTS

                    TENANTS UNION, HOUSING JUSTICE FOR ALL, FLATBUSH TENANTS COALITION,

                    LEGAL AID, ON AND ON AND ON.  UPSTATE/DOWNSTATE COALITION.  THEY

                    WERE THE ONES WHO MADE SURE THAT THIS HAPPENED THIS YEAR.  YOU KNOW,

                    WE WAITED UNTIL THE END OF SESSION TO GET THE BEST DEAL WE COULD.

                                 I AM SO PROUD OF THIS PACKAGE OF BILLS.  I THANK THE

                    STEADFAST CHAIR FOR KEEPING HIS COOL, AND KEEP MARCHING STRAIGHT AHEAD.

                    I THANK THE EXCELLENT STAFF WHO WOULD TAKE MY FRANTIC CALLS AND ASSURE

                    ME THEY WERE WORKING HARD TO GET THIS DONE.  AND I THANK THE SPEAKER

                    FOR MAINTAINING HIS STEADFAST COMMITMENT TO GETTING THE BEST RENT

                    PACKAGE THAT WE COULD GET IN THIS HOUSE.  THIS HOUSE HAS BEEN LEADING

                    ON TENANT REFORMS FOR DECADES.  I WANT TO MAKE SURE EVERYBODY OUT

                    THERE KNOWS THAT.  THE ASSEMBLY HAS BEEN THE PARTNER OF THE ADVOCATES

                    FOR YEARS.  EVERY YEAR WE COULD RELIABLY SAY THAT THE ASSEMBLY WOULD

                    PASS THESE WONDERFUL RENT REGULATIONS.  THIS YEAR WE HAVE A GREAT

                    PARTNER IN THE SENATE.  THIS YEAR WE SAY TO LANDLORDS, YOUR MONEY

                    DIDN'T COUNT.  YOU HAVE NO FRIENDS HERE.  WE ARE SHIFTING THE SCALES OF

                                         139



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    JUSTICE WHICH WERE SO LOPSIDED IN ONE WAY.  WE'RE MAKING THEM EVEN.

                    WE'RE SAYING, TENANTS, WE REPRESENT YOU.  WE'RE ON YOUR SIDE.  WE WILL

                    ENSURE GOING FORWARD THAT YOU DON'T HAVE TO LIVE UNDER THREAT OF

                    HARASSMENT, UNDER THREAT OF EVICTION, UNDER THREAT THAT YOU WILL NOT BE

                    ABLE TO CONTINUE TO LIVE IN YOUR BELOVED CITY AND STATE.

                                 AND SO I THANK YOU ALL FOR ALL YOUR EFFORT ON BEHALF OF

                    TENANTS IN THIS STATE.

                                 ACTING SPEAKER AUBRY:  MS. DAVILA.

                                 MS. DAVILA:  ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MS. DAVILA:  THANK YOU.  SO, I'VE HEARD A LOT OF

                    TESTIMONY HERE TODAY, AND IT'S COME THE TIME THAT -- THAT WE REALLY ARE

                    GOING TO VOTE ON THESE NINE BILLS, AND I'M EXTREMELY HUMBLED AND

                    HONORED THAT I'M HERE.  I AM THANKFUL TO THE SPONSOR OF THE BILL AND OUR

                    SPEAKER.

                                 YOU KNOW, AS OF 30 YEARS AGO, I HAVE THREE CHILDREN

                    THAT I RAISED IN WILLIAMSBURG AND BUSHWICK, AND I WAS ONE OF THOSE

                    PEOPLE THAT WERE TARGETED BY THEIR LANDLORDS AND HAD TO FIGHT BACK.  IT

                    TOOK A LONG TIME.  AFTER THAT, I BECAME VERY ASTUTE AND EDUCATED AS FAR

                    AS HOUSING LAWS GO, AND I WAS ABLE TO AT LEAST PROLONG THE PROCESS FOR

                    ABOUT EIGHT YEARS, WHICH GAVE ME ENOUGH TIME TO HELP MY CHILDREN

                    GROW UP A LITTLE BIT AND FIND ANOTHER PLACE TO LIVE.  IN THE MID-90S WE --

                    WE SAW A BIG TURNOVER IN MY COMMUNITY.  EVERYONE KNOWS THAT

                    BUSHWICK AND WILLIAMSBURG IS THE EPICENTER OF -- OF GENTRIFICATION,

                    PEOPLE BEING PUSHED OUT.  UP TO THIS DAY, WE HAVE ABOUT 30 PEOPLE

                                         140



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    EVERY TWO WEEKS COMING INTO MY OFFICE BECAUSE I HAVE A LEGAL CLINIC

                    GOING ON, AND THE STORIES THAT WE HEAR ARE SO HEARTBREAKING.  WE'RE

                    TALKING TO MY COMMUNITY AND SAYING, DON'T WORRY, WE'RE GOING TO

                    MAKE THIS RIGHT.  WE'RE GOING TO MAKE THIS RIGHT.  TODAY HAS COME THE

                    DAY.

                                 I HAVE TO TELL YOU THAT MOST SATURDAYS -- I WILL GIVE

                    YOU AN EXAMPLE.  LAST SATURDAY I WAS SHOPPING, AND I HAD REPORTED A

                    BUILDING THAT WAS GOING UNDER RENOVATIONS, AND THE CITY PUT A STOP

                    ORDER.  AND I ACTUALLY FOUND EMPLOYEES GOING THROUGH THE BACK AND

                    BRINGING IN SUPPLIES TO STILL CONTINUE THE WORK.  IT'S ALMOST LIKE SUCH A

                    BIG DISRESPECT, WHILE TWO SENIORS, ONLY TWO SENIORS LIVING IN THAT

                    BUILDING.

                                 IT IS TIME.  IT'S TIME, AND I AM SO PROUD TO BE PART OF

                    THIS BODY IN THIS HISTORICAL MOMENT.  TO ME, IT IS SO EXTREMELY

                    IMPORTANT THAT ALL OF US STUCK TOGETHER ON THIS.  WE WORKED ON IT.  AND

                    I KNOW THAT I HAVE SPOKEN -- SPOKEN TO SEVERAL PEOPLE AND SAY, NEVER

                    DOUBT THE PROCESS.  WE'RE ALL HERE ON THE SAME -- THE SAME WAY.  WE

                    KNOW THINGS ARE GOING TO GET DONE.  AND THIS IS IMPORTANT TO THE PEOPLE

                    IN OUR COMMUNITIES.

                                 SO ONCE AGAIN, I WANT TO THANK THE SPONSOR, I WANT TO

                    THANK THE SPEAKER, AND I WANT TO CONGRATULATE ALL OF US FOR STICKING BY

                    IT, AND FINALLY WE GET TO AT LEAST SLOW DOWN THE PROCESS.  WE STILL HAVE A

                    COUPLE OF HOUSING -- APARTMENTS IN MY DISTRICT THAT AREN'T

                    RENT-REGULATED, SO I'M EXTREMELY HAPPY THAT WE ARE ABLE TO AT LEAST SAVE

                    A LOT OF THOSE APARTMENTS THAT ARE STILL LEFT.

                                         141



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 THANK YOU SO MUCH, MR. SPEAKER, AND THANK YOU TO

                    THE SPONSOR OF THE BILL.  AND CONGRATULATIONS TO ALL OF US.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. COLTON.

                                 MR. COLTON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. COLTON:  THIS IS TRULY AN HISTORIC PIECE OF

                    LEGISLATION.  AND IT'S HISTORIC FOR A NUMBER OF REASONS.  FIRST OF ALL, IT

                    REALLY SEEKS TO ADDRESS PROBLEMS THAT TENANTS -- AND WHEN WE SAY

                    TENANTS, TENANTS ARE NOT A COMMODITY.  TENANTS ARE PEOPLE AND FAMILIES.

                    TENANTS ARE SENIORS ON A FIXED INCOME.  PARENTS WITH CHILDREN.  PERSONS

                    WITH DISABILITIES.  PERSONS WHO HAVE REAL PERSONAL LIVES AND PERSONAL

                    PROBLEMS.  AND WHEN YOU PUT STRESS ON PEOPLE BECAUSE THEY'RE AFRAID

                    THEY'RE GOING TO BE EVICTED, BECAUSE THEY'RE AFRAID THEY'RE NOT GOING TO

                    BE ABLE TO AFFORD THE RENTS.  BECAUSE THEY'RE AFRAID THAT THEY MAY NOT BE

                    ABLE TO FIND ANOTHER APARTMENT NEAR WERE THEIR CHILDREN GO TO SCHOOL,

                    NEAR WHERE THEIR DOCTORS ARE.  THAT CREATES A REAL PROBLEM.  AND WHAT

                    THIS BILL SEEKS TO DO IS TO PREVENT THESE PEOPLE AND FAMILIES FROM BEING

                    ABUSED IN ORDER TO MAKE MORE MONEY.  NOT ALL LANDLORDS DO THAT.

                    THERE ARE GOOD LANDLORDS.  THERE ARE LANDLORDS WHO REALLY ARE

                    CONCERNED ABOUT MAINTAINING THEIR BUILDINGS AND DOING WHAT IS RIGHT

                    FOR THE PEOPLE AND FAMILIES THAT LIVE IN THEIR BUILDINGS.  BUT,

                    UNFORTUNATELY, HUMAN NATURE BEING WHAT IT IS, THERE ARE SOME LANDLORDS

                    WHO ARE SIMPLY LOOKING TO MAKE MORE PROFIT.  AND THEY HAVE USED

                                         142



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SOME OF THE INSTRUMENTS THAT HAVE BEEN PROVIDED IN PREVIOUS LAWS IN

                    ORDER TO CREATE PROBLEMS FOR PEOPLE AND FAMILIES WHO LIVE IN THEIR

                    BUILDINGS, WHOSE HOMES ARE IN THEIR BUILDINGS.  SO WE -- WE ADDRESSED

                    THE ISSUE OF VACANCY DECONTROL.  THE RENTS HAVE BECOME INCREASINGLY

                    HIGH IN ALL DISTRICTS.  MUCH FASTER THAN THE INCOMES, AND THAT PUTS STRESS

                    ON FAMILIES.  WE ADDRESS THE ISSUE OF MCI INCREASES, WHERE AN INCREASE

                    WOULD BE MADE BY CHANGES AND THERE WAS REALLY NO RESTRICTIONS.  I HAD

                    ONE SITUATION WHERE I ACTUALLY WENT TO COURT REPRESENTING A BUILDING

                    WHERE THE LANDLORD CLAIMED THAT HE HAD SPENT $1 MILLION RENOVATING --

                    REDOING THE ROOF.  I DON'T KNOW WHETHER HE USED GOLD BRICKS, BUT HE

                    SPENT $1 MILLION.  AND WHEN WE WENT TO COURT, WE FOUND OUT THAT

                    DHCR AT THAT TIME WOULD NOT EVEN LOOK AT WHETHER THE WORK WAS DONE

                    OR WHAT WAS THE COST -- THE -- THE FAIR COST OF SUCH WORK.  IT SIMPLY

                    LOOKED AT THE CHECK AND HOW MUCH WAS WRITTEN ON IT.  AND THE CHECK

                    WAS WRITTEN FROM THE LANDLORD TO A SUBSIDIARY OF THE LANDLORD FOR $1

                    MILLION.  SO IT WENT FROM ONE POCKET TO ANOTHER.  THIS BILL WILL TRY TO

                    PREVENT THAT FROM HAPPENING BY HAVING AUDITS OF -- OF MCI

                    APPLICATIONS.  TENANTS NORMALLY ARE NOT GOING TO BE ABLE TO FIND THAT.

                    AND WE WERE ABLE TO WIN THAT CASE, BUT IT WAS VERY DIFFICULT.  AND

                    DHCR FOUGHT IT ALL THE WAY, SAYING IT WASN'T THEIR OBLIGATION TO LOOK AT

                    WHETHER THE WORK WAS WORTH $1 MILLION OR NOT.  IF THE CHECK SAID $1

                    MILLION, THAT WAS IT.

                                 SO I REALLY THINK THAT THIS BILL TRIES TO ELIMINATE SOME

                    OF THE PROBLEMS THAT PEOPLE HAVE BEEN FACED WITH BECAUSE OF SOME

                    PEOPLE - NOT EVERYONE - BUT SOME PEOPLE WHO HAVE TRIED TO TAKE

                                         143



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ADVANTAGE.  AND THIS BILL IS NOT PUNITIVE.  IT DOESN'T SEEM TO TAKE AWAY

                    MCIS FROM LANDLORDS.  IF THEY DO SOME IMPROVEMENT, THEY'RE ENTITLED

                    TO A FAIR RETURN ON THAT IMPROVEMENT.  THEY NEED TO HAVE SOME

                    INCENTIVE WHERE THEY DON'T -- WHERE THEY WILL GET SOME OF THEIR MONEY

                    BACK.  BUT THEY SHOULD NOT BE TAKING ADVANTAGE OF PEOPLE AND FAMILIES

                    WHOSE HOMES RESIDE IN THE BUILDING.

                                 AND SO, I REALLY WANT TO THANK THE SPEAKER.  I WANT TO

                    THANK THE CHAIR OF THE HOUSING COMMITTEE, AND ALL OF THOSE WHO WERE

                    INVOLVED IN GETTING TO THIS POINT WHERE WE PUT THIS LEGISLATION TOGETHER.

                    AND I THINK WE HAVE SOMETHING THAT WE CAN BE PROUD OF AND THAT IS

                    GOING TO MAKE A POSITIVE DIFFERENCE IN THE LIVES OF PEOPLE.  AND BY THE

                    WAY, IT'S HISTORIC ALSO BECAUSE IT IS PERMANENT IN THE SENSE THAT IT

                    DOESN'T HAVE A SUNSET, A DATE WHEN IT EXPIRES.  YOU KNOW, IT IS NOT GOOD

                    FOR EITHER LANDLORDS OR TENANTS TO HAVE UNCERTAINTY, WHERE A BILL IS IN

                    EFFECT FOR TWO YEARS, FOUR YEARS.  AND THEN THERE'S ALWAYS THE QUESTION,

                    IS IT GOING TO BE RENEWED BY THE LEGISLATURE AT THAT TIME?  AT LEAST

                    HERE, THIS IS THE LAW.  WE CAN LEARN TO CORRECT THOSE THINGS THAT MIGHT BE

                    PROBLEMS AS WE -- AS WE PROCEED, BUT WE DON'T HAVE TO HAVE PEOPLE

                    WORRYING WHETHER THAT LAW WILL CONTINUE OR WHETHER AT THE END OF TWO

                    YEARS IT WILL NOT BE RENEWED.  AND CERTAINLY, IT IS NOT A GOOD THING FOR

                    PEOPLE AND FAMILIES, WHETHER THEY ARE LANDLORDS OR TENANTS.

                                 AND SO, I CAN BE VERY PROUD TO VOTE YES ON THIS BILL, TO

                    GO BACK TO MY OFFICE AND INSTRUCT MY STAFF IN TERMS OF THESE DIFFERENT

                    PARTS OF THIS BILL, AND -- SO THAT THEY WILL ABLE TO HELP THE MANY

                    CONSTITUENTS, THE PEOPLE AND FAMILIES WHO COME TO OUR OFFICE WITH

                                         144



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SERIOUS PROBLEMS AND QUESTIONS ABOUT THEIR HOMES, WHETHER THEY BE --

                    OWN A TWO-FAMILY HOUSE OR RENT A SIX -- IN A SIX-UNIT BUILDING OR A BIG

                    APARTMENT BUILDING.  THESE ARE PEOPLE WITH PROBLEMS, AND THIS BILL

                    HELPS SOLVES PROBLEMS FOR PEOPLE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. PALUMBO.

                                 MR. PALUMBO:  THANK YOU, MR. SPEAKER.  WILL THE

                    SPONSOR YIELD, PLEASE, FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. --

                                 MR. CYMBROWITZ:  YES, OF COURSE.

                                 ACTING SPEAKER AUBRY:  -- CYMBROWITZ, WILL

                    YOU YIELD?

                                 MR. CYMBROWITZ:  YES.

                                 ACTING SPEAKER AUBRY:  YES, HE DOES.

                                 MR. PALUMBO:  THANK YOU, MR. CYMBROWITZ.  I'M

                    GOING TO CONFINE MY COMMENTS AND QUESTIONS REALLY JUST TO THOSE

                    NOTICE PROVISIONS THAT WERE DISCUSSED A LITTLE BIT BEFORE.  THE NEW

                    NOTICE PROVISION UNDER 226(C), AS WELL AS THE CROSS-REFERENCE TO 232(B),

                    WHICH IS FOR NOTIFICATIONS TO TERMINATE MONTHLY TENANCIES OR TENANCIES

                    FROM MONTH-TO-MONTH OUTSIDE THE CITY OF NEW YORK.  AND I KNOW

                    THERE WAS SOME DISCUSSION ON THIS A LITTLE WHILE AGO, BUT SPECIFICALLY,

                    THE 232(B) SECTION THAT I JUST -- THAT I JUST HIGHLIGHTED THAT A MONTHLY

                    TENANCY OR TENANCY FROM MONTH-TO-MONTH OF ANY LANDS OR BUILDINGS

                    LOCATED OUTSIDE OF THE CITY OF NEW YORK MAY BE TERMINATED BY -- NOW IT

                                         145



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    SAYS THE TENANT UPON TENANTS NOTIFYING A LANDLORD.  WE'RE STRIKING

                    LANDLORD COMPLETELY FROM THAT SECTION, RIGHT?  THAT'S -- IS THAT

                    ACCURATE?

                                 MR. CYMBROWITZ:  YES.

                                 MR. PALUMBO:  YES.  AND THAT WOULD APPLY, OF

                    COURSE, STATEWIDE.  AND YOU HAD MENTIONED EARLIER THAT THERE WOULD A

                    CROSS-REFERENCE THAT THE LANDLORD WOULD THEN MAKE NOTICE -- OR PROVIDE

                    NOTICE PURSUANT TO SECTION 226(C), THE NEW NOTICE PROVISION WITH THOSE

                    DIFFERENT TIMEFRAMES?

                                 MR. CYMBROWITZ:  THAT'S CORRECT.

                                 MR. PALUMBO:  OKAY.  AND -- AND IN 226(C),

                    THOUGH, IT SPECIFICALLY REFERENCES TO RESIDENTIAL TENANCIES ONLY, CORRECT?

                                 MR. CYMBROWITZ:  CORRECT.

                                 MR. PALUMBO:  SO, BY DEFAULT NOW -- COULD YOU

                    EXPLAIN TO ME HOW A COMMERCIAL TENANT OR A TENANT IN -- A RESIDENTIAL

                    TENANT IN A COMMERCIAL BUILDING, FOR EXAMPLE, THERE ARE A LOT OF THOSE

                    IN MY DISTRICT, IN FACT I HAVE ONE MYSELF, WITH A LAW FIRM ON THE BOTTOM

                    AND TWO RESIDENTIAL TENANTS UPSTAIRS IN A COMMERCIAL PROPERTY, HOW

                    THEY WOULD NOTIFY TERMINATING A MONTH-TO-MONTH TENANCY IN A

                    COMMERCIAL SITUATION?

                                 MR. CYMBROWITZ:  I'M NOT SURE ABOUT THAT.  WE

                    WOULD HAVE TO CHECK THAT.

                                 MR. PALUMBO:  I THINK THAT'S THE WRINKLE.  BECAUSE

                    MY ONLY UNDERSTANDING IS THE NOTICE PROVISIONS FOR A -- TO -- TO -- A

                    NOTICE TO QUIT FOR A COMMERCIAL TENANT IN NEW YORK STATE OUTSIDE OF

                                         146



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NEW YORK CITY IS PURSUANT TO THAT SECTION, 232(B).  SO NOW BY DEFAULT

                    -- AND -- AND I -- I'M ASSUMING THAT'S THE REASON WHY -- MAYBE IT WASN'T

                    -- IT WASN'T THE -- NECESSARILY INTENDED TO BE THAT WAY, BUT WE COULDN'T

                    STRIKE THAT ENTIRE PROVISION, BECAUSE THEN THERE WOULD BE NO NOTICE

                    PROVISIONS FOR COMMERCIAL TENANTS ANYWHERE IN THE REAL PROPERTY LAW.

                    SO, DO YOU THINK THAT THAT'S SOMETHING THAT WE MIGHT CONSIDER

                    AMENDING, MAYBE A QUICK CHAPTER AMENDMENT BEFORE THIS BECOMES

                    LAW?

                                 MR. CYMBROWITZ:  WE'LL CHECK THAT AND GET BACK

                    TO YOU ON THAT.

                                 MR. PALUMBO:  OKAY.  VERY GOOD, MR.

                    CYMBROWITZ.  THANK YOU SO MUCH.

                                 ON THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALUMBO:  AND, MR. SPEAKER, I'M GLAD THAT

                    MY COLLEAGUES WILL CERTAINLY TAKE A LOOK AT THAT, AND I'M REALLY HOPEFUL

                    BECAUSE IN THE EVENT -- FOR EXAMPLE, PARTICULARLY IN SUBURBAN AREAS

                    WHERE THERE ARE RESIDENTIAL TENANTS ABOVE A COMMERCIAL SPACE IN THESE

                    SMALLER BUILDINGS, OR EVEN SOMEWHAT LARGER, IT DOESN'T APPEAR TO HAVE --

                    WE DON'T APPEAR TO HAVE ANY WAY THAT A LANDLORD, OTHER THAN BY CAUSE,

                    COULD TERMINATE A MONTH-TO-MONTH TENANCY BY STRIKING THAT PROVISION.

                    IT LOOKS QUITE SIMPLE BUT, IN FACT, IT'S QUITE CATASTROPHIC TO LANDLORDS

                    THROUGHOUT THE STATE, WHO ARE ALWAYS ACTING IN GOOD FAITH.  BUT IN THAT

                    EVENT -- ONE OF MY COLLEAGUES' GRANDMOTHER WHO NEEDED HER

                    MEDICATION THAT HE SO FONDLY DISCUSSED -- IN THE EVENT SOMEONE SIMPLY

                                         147



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    BY MONTH-TO-MONTH TENANCY AND THE NATURE OF IT, WANTED TO REMOVE

                    SOMEONE AND MAYBE MOVE THEMSELVES OR A FAMILY MEMBER IN, THEY'D

                    BE UNABLE TO DO SO UNDER THESE PARTICULAR PROVISIONS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. GLICK.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER.  MY

                    COLLEAGUES, WE'VE HEARD FROM MOST OF THE MEMBERS AROUND THE STATE

                    WHO HAVE HAD TENANTS FACING ONE TYPE OF PROBLEM OR ANOTHER, WHETHER

                    IT'S HARASSMENT, OR WHETHER IT'S A SHORT EVICTION NOTICE.  OVER THE MANY

                    YEARS THAT I'VE BEEN HERE, THE NUMBER ONE PROBLEM, THE NUMBER ONE

                    ISSUE HAS BEEN HOUSING.  SO, I WANT TO THANK THE SPEAKER FOR BRINGING

                    US TO THIS POINT, AND I WANT TO THANK THE CHAIR OF HOUSING COMMITTEE

                    AND THE EXCELLENT, OUTSTANDING STAFF THAT HAS WORKED SO HARD ON THIS.

                                 THE MOST IMPORTANT THING TO A PERSON IS THE ROOF OVER

                    THEIR HEAD.  TO HAVE THAT CHALLENGED, TO HAVE THAT ARBITRARILY THREATENED,

                    THE ABUSES -- AND I KNOW SOME OF MY COLLEAGUES ON THE OTHER SIDE FEEL

                    THAT THIS IS VERY PUNITIVE TOWARDS THE LANDLORD CLASS, BUT IT IS SIMPLY A

                    LEVELING OF THE PLAYING FIELD.  IT IS THE OUTRAGEOUS ABUSES THAT SOME

                    LANDLORDS HAVE ENGAGED IN FOR DECADES, DECADES THAT WE ARE TRYING TO

                    REDRESS HERE.  STABLE NEIGHBORHOODS START WITH STABLE HOUSING FOR

                    INDIVIDUALS.  WE HAVE A HOMELESSNESS PROBLEM IN NEW YORK CITY IN

                    LARGE PART BECAUSE PEOPLE HAVE UNJUSTIFIABLY LOST THEIR HOMES.  SO,

                    AGAIN, THIS IS -- HAVING BEEN THROUGH MANY, MANY REAUTHORIZATIONS OF

                    RENT REGULATIONS, THIS IS A MAJOR STEP FORWARD NOT JUST FOR PEOPLE IN THE

                    COUNTIES WHERE THERE HAS BEEN RENT REGULATION, BUT FOR NEW YORKERS ALL

                                         148



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    OVER THE STATE.  NEW YORKERS WHO HAVE FELT SQUEEZED BY AN ECONOMY

                    THAT HAS NOT DONE RIGHT BY THEM, BUT HAS DONE RIGHT BY THE WEALTHIEST

                    AMONG US.

                                 THIS IS A GREAT DAY.  I LOOK FORWARD TO AN OPPORTUNITY

                    TO EXPLAIN TO MY CONSTITUENTS PRECISELY THE BENEFITS THAT THEY WILL ENJOY

                    AS A RESULT OF THIS REBALANCING, REBALANCING OF THE RELATIONSHIP BETWEEN

                    TENANTS AND LANDLORDS, GIVING THEM A FIGHTING CHANCE TO STAY IN THEIR

                    HOMES, THE HOMES WHERE MANY OF THEM HAVE RESIDED FOR DECADES.

                    THANK YOU, MR. SPEAKER.  THIS IS GREAT DAY.  AGAIN, THE SPEAKER, THE

                    CHAIR OF HOUSING, WE ARE GRATEFUL TO YOU.

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE.

                                 MS. BICHOTTE:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MA'AM.

                                 MS. BICHOTTE:  I WANT TO THANK THE SPEAKER AND

                    THE CHAIR OF HOUSING ON THIS VERY, VERY IMPORTANT AND HISTORIC PIECE OF

                    LEGISLATION, WHICH IS THE HOUSING STABILITY AND TENANT PROTECTION ACT

                    OF 2019.  AND THIS AS IT RELATES TO RENT CONTROL OR RENT STABILIZATION,

                    VACANCY DECONTROL, INCREASE IN RENT AND EVICTION PROTECTIONS, FIXES AND

                    REPAIRS, ALL OF WHICH IS TO BE REPEALED.  THE MANY OF THE INJUSTICES THAT

                    SLUM LANDLORDS AND THEIR LAWYERS AND THE COURT SYSTEM HAVE CAUSED OUR

                    NEW YORK TENANTS TO BE HOMELESS, UNSTABLED, ABUSED AND ECONOMICALLY

                    CHALLENGED.  FOR A VERY LONG TIME THE RENT HAS BEEN TOO DAMN HIGH, AND

                    IT'S STILL TOO DAMN HIGH.  I REPRESENT THE 42ND ASSEMBLY DISTRICT, WHICH

                    REPRESENTS FLATBUSH, EAST FLATBUSH, MIDWOOD, DITMUS PARK, AND WHICH

                                         149



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ALSO IS THE HIGHEST RATE OF EVICTION IN BROOKLYN.  SO I'M VERY PROUD

                    TODAY BECAUSE THIS BILL ENACTS THAT NEW YORK STATE RENT REGULATION LAWS

                    ARE NOW PERMANENT; THE STATUTORY VACANCY BONUS OF UP TO 20 PERCENT IS

                    NOW REPEALED; REPEAL THE DEREGULATION OF UNITS; PROHIBIT PREFERENTIAL

                    RENT IN ITS CURRENT FORM AND REMAIN THAT THE RENT FOR THE LIFE OF THE

                    TENANCY; WOULD INCREASE THE LOOK-BACK PERIOD FOR FOUR YEARS TO SIX

                    YEARS FOR OVERCHARGED CLAIMS BY LANDLORDS; LIMIT RENT-CONTROLLED RENT

                    INCREASES; CAPPING MCI, WHICH IS MAJOR CAPITAL IMPROVEMENT; RENT

                    INCREASE TO 2 PERCENT DOWN FROM 6 PERCENT; AND THAT WOULD REDEFINE THE

                    MEANING OF MCI WHERE MCI HAS BEEN EXPLOITED BY FAR TOO MANY

                    LANDLORDS --

                                 ACTING SPEAKER AUBRY:  MS. BICHOTTE, WE'RE

                    -- I'M SORRY TO ASK YOU, WE -- SUFFER AN INTERRUPTION, WE NEED TO DO A --

                    A PIECE OF BUSINESS.

                                 ON A MOTION BY MR. HEASTIE, THE SENATE BILL IS BEFORE

                    THE HOUSE.  THE SENATE BILL IS ADVANCED.

                                 MS. BICHOTTE, YOU MAY CONTINUE -- EXCUSE ME.

                                 TRANSPORTATION COMMITTEE IN THE SPEAKER'S

                    CONFERENCE ROOM IMMEDIATELY.  THANK YOU.

                                 AND NOW, MS. BICHOTTE, THANK YOU FOR YOUR PATIENCE.

                                 MS. BICHOTTE:  SURE.  REDUCING IAI COSTS WITH A

                    CORRECT AND FAIR AMORTIZATION RATE; EVICTION REFORM WHICH WOULD HAVE

                    MERCY ON STRUGGLING TENANTS TO GIVE THEM MORE TIME TO STAY IN THE

                    APARTMENT, ALLOWING THEM TO COME UP WITH A PAYMENT.  I DO HOPE THAT

                    IN THE COMING YEARS THAT WE LOOK AT SUCCESSION RIGHTS FOR SPOUSAL AND

                                         150



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    IMMEDIATE FAMILIES TO GET ON THE LEASE.  AGAIN, HOUSING HAS BEEN ONE

                    OF THE BIGGEST ISSUES IN MY DISTRICT.  I REMEMBER FOUR YEARS AGO, MY

                    COLLEAGUES AND I GOT ARRESTED MANDATING FOR STRONGER RENT LAWS, AND WE

                    WALKED AWAY WITH A COMPROMISE BILL.  FOUR YEARS LATER, WE ARE HERE

                    TODAY.  AND I STAND PROUD, VERY PROUD WITH ALL THE TENANT ADVOCATES

                    ACROSS THE CITY OF NEW YORK WHO HAVE BEEN CALLING FOR HOUSING

                    JUSTICE FOR ALL, CALLING THAT HOUSING IS A RIGHT.

                                 LASTLY, I WANT TO THANK ONE OF MY TENANTS, 85-YEAR-OLD

                    CONSTITUENT, IMMIGRANT WHOSE NAME IS JEAN SOUFFRANT, WHO WHEN I

                    KNOCKED ON HIS DOOR, HE PRESENTED TO ME HIS SITUATION.  HIS SITUATION

                    WAS A PREFERENTIAL LEASE THAT WAS GIVEN TO HIM.  AFTER LIVING IN HIS

                    BUILDING FOR MANY, MANY YEARS, HE WAS TRICKED INTO MOVING INTO

                    ANOTHER APARTMENT FOR A LOWER RENT, JUST TO FIND OUT THAT HIS RENT WOULD

                    INCREASE SIGNIFICANTLY.  I WAS MOVED AND I WAS SADDENED.  BUT THEN IT

                    WAS THAT MOMENT THAT MOTIVATED ME TO FIGHT.  SO I JOINED THE FIGHT.

                                 TODAY IS A GREAT DAY.  TODAY IS A DAY FOR JUSTICE.  I AM

                    SO PROUD OF MY COLLEAGUES IN GOVERNMENT AND THE ADVOCATES, THE TENANT

                    ADVOCATES, FOR STAYING STRONG.  MR. SPEAKER, I WILL BE VOTING IN THE

                    AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. MOSLEY.

                                 MR. MOSLEY:  THANK YOU, MR. SPEAKER.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                    MAKE SURE YOUR MIC IS ON.  GO AHEAD.

                                         151



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. MOSLEY:  THANK YOU.  I REMEMBER AS A CHILD

                    GROWN UP ON DAYS ON WHICH I HAD TO GO TO MY GRANDMOTHER'S HOUSE, AN

                    UNREGULATED HOUSE THAT HER -- THAT SHE RENTED OUT AND EVENTUALLY WOULD

                    BUY IT WITH MY GRANDFATHER IN CROWN HEIGHTS.  AND I WOULD GET THERE

                    EARLY ENOUGH WHERE SHE WAS WATCHING HER STORIES AND SHE WAS

                    WATCHING THE YOUNG AND THE RESTLESS AND GENERAL HOSPITAL.  AND

                    THERE'S A STORY IN BETWEEN GENERAL HOSPITAL AND YOUNG AND THE

                    RESTLESS CALLED THE BOLD AND THE BEAUTIFUL.  AND I KNOW A LOT OF MY

                    COLLEAGUES WANT TO LOOK AT THIS BILL AS A BIG UGLY, BUT I WANT TO LOOK AT

                    IT AS SOMETHING THAT IS BOLD AND BEAUTIFUL SIMULTANEOUSLY.  IT'S BOLD

                    BECAUSE THERE'S GOING TO BE PERMANENT PROVISIONS IN PLACE THAT WE WILL

                    NEVER HAVE TO REVISIT AGAIN SO LONG AS WE STAY ON THE WATCH.  IT'S

                    BEAUTIFUL BECAUSE THIS WILL BE A ROBUST BILL THAT WILL APPLY STATEWIDE, IN

                    PART TO BOTH -- TO BOTH OF OUR CONSTITUENTS IN THE CITY AS WELL AS

                    THROUGHOUT THE STATE OF NEW YORK.  IT'S BOLD BECAUSE IT TOOK ADVOCATES

                    LIKE CROWN HEIGHTS TENANT UNION AND IMPACCT AND UHAB AND SO

                    MANY ADVOCATE GROUPS IN THE CITY AS WELL AS THROUGHOUT THE STATE, TO

                    HAVE THE COURAGE TO STAND UP TO SPECIAL INTERESTS.  AND YET IT'S BEAUTIFUL

                    BECAUSE NO MATTER WHERE YOU LIVE IN THE STATE OF NEW YORK NOW GOING

                    FORWARD, YOU HAVE SOME PROVISIONS AND SOME RIGHTS OF PROTECTION AS A

                    RENT -- AS A RENTER AND TENANT.  IT'S BOLD BECAUSE IT TOOK US TO MAKE SOME

                    VERY DIFFICULT CHOICES IN OUR -- IN SOME OF OUR DISTRICTS TO CREATE THE

                    DYNAMICS WE HAVE TODAY BOTH IN THE ASSEMBLY AND THE SENATE.  AND

                    YET IT'S BEAUTIFUL BECAUSE WE HAVE TWO LEADERS, OUR BILL SPONSOR AND OUR

                    SPEAKER AND THE PRESIDENT OF THE SENATE, WHO WORKED TOGETHER,

                                         152



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    UNDERSTANDING THAT WHAT WE'RE DOING IS TRANSFORMING LIVES AND

                    COMMUNITIES AND NEIGHBORHOODS THROUGHOUT OUR GREAT STATE.  IT'S BOLD

                    BECAUSE IT SPEAKS TO THE VERY ESSENCE OF WHY WE'RE HERE AS LEGISLATORS.

                    AND YET IT'S BEAUTIFUL BECAUSE WHEN WE TALK ABOUT OTHER ISSUES AND

                    OTHER CONCERNS AND PUBLIC POLICY MEASURES, IT WILL ONLY BE EX --

                    ACCENTUATED AND HIGHLIGHTED BECAUSE WE CREATED A LEVEL OF STABILITY IN

                    COMMUNITIES ALL THROUGHOUT OUR STATE FROM BUFFALO TO BROOKLYN.  FROM

                    NASSAU COUNTY TO THE NORTH COUNTRY AND ALL POINTS IN BETWEEN.

                                 SO TO OUR CHAIR AND TO YOUR STAFF, I COMMEND YOU.  TO

                    OUR SPEAKER AND TO OUR SENATE PRESIDENT, I COMMEND HER AND HIM.

                    BECAUSE THIS IS NOT ABOUT BEING THE BIG UGLY, THIS IS ABOUT

                    ACCENTUATING WHAT WAS BOLD AND BEAUTIFUL IN THIS PIECE OF LEGISLATION.

                    AND I'LL BE PROUD TO BE VOTING IN THE AFFIRMATIVE.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SCHMITT FOR A SECOND.

                                 MR. SCHMITT:  THANK YOU, MR. SPEAKER.  WOULD

                    THE CHAIRMAN YIELD?

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ,

                    WILL YOU YIELD?

                                 MR. CYMBROWITZ:  YES.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ

                    YIELDS.

                                 MR. SCHMITT:  HELLO AGAIN.

                                 MR. CYMBROWITZ:  HELLO AGAIN.

                                         153



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. SCHMITT:  IT FEELS LIKE A WHOLE OTHER DAY.  I

                    WANT TO EXPAND ON SOME OF MY PREVIOUS QUESTIONS IN REGARDS TO THE

                    STATEWIDE EXPANSION OF RENT REGULATIONS, PARTICULARLY THE AMENDED

                    SECTION 14 OF THE EMERGENCY TENANT PROTECTION ACT WHICH WILL EXTEND

                    THE REGULATION TO ANY MUNICIPALITY IN ANY COUNTY IN THE STATE WHOSE

                    LOCAL LEGISLATIVE BODY HAS DECLARED A HOUSING EMERGENCY.  I JUST WANTED

                    TO CLARIFY, BECAUSE I KNOW A LOT OF LOCAL GOVERNMENTS PROBABLY WILL BE

                    REACHING OUT TO MYSELF AND THE REST OF OUR COLLEAGUES.  WILL THIS APPLY

                    IN EQUAL FASHION TO COUNTIES, CITIES, TOWNS AND VILLAGES?

                                 MR. CYMBROWITZ:  YES, IT DOES.

                                 MR. SCHMITT:  AND A VILLAGE WOULD BE ABLE TO

                    DECLARE AN EMERGENCY WITHIN THE CONFINES OF A TOWN THAT OTHERWISE

                    WOULD NOT BE -- BELIEVE THEY NEED ONE OR WOULD BE WILLING TO DO THAT?

                                 MR. CYMBROWITZ:  ONLY AFTER A SURVEY IS DONE,

                    SHOWING THAT THERE IS A VACANCY RATE LESS THAN 5 PERCENT.

                                 MR. SCHMITT:  SO THEY WOULD DECLARE THE VACANCY

                    ONLY AFTER -- OR THEY'D DECLARE THE EMERGENCY ONLY AFTER THE SURVEY WAS

                    COMPLETED.

                                 MR. CYMBROWITZ:  THAT'S CORRECT.

                                 MR. SCHMITT:  NOT THE INVERSE.  NOW, I -- I KNOW A

                    COLLEAGUE SEVERAL HOURS AGO HAD ASKED ABOUT THAT SURVEY.  IS IT REQUIRED

                    THEY GO THROUGH THE CENSUS BUREAU LIKE NEW YORK CITY?  COULD THEY

                    DO THAT INTERNALLY WITH, YOU KNOW, WITH INTERNAL STAFF OF THE

                    GOVERNMENT?  DOES IT HAVE TO BE THE CENSUS OR CAN IT BE SOMEWHERE

                    ELSE?  HOW WOULD THAT PROCESS WORK?

                                         154



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MR. CYMBROWITZ:  THE MUNICIPALITY CAN DECIDE

                    ANY WAY THEY WANT TO DO IT.  THEY HAVE THAT OPTION.  THEY COULD DO IT

                    THEMSELVES, OR THEY CAN HIRE SOMEBODY TO DO THAT.

                                 MR. SCHMITT:  NOW, IS THERE ANY OVERSIGHT PROCESS

                    WITH HCR IN REGARDS TO THAT SURVEY PROCESS, WHETHER THEY DID IT

                    IN-HOUSE, HIRED SOMEBODY, SOME OTHER MECHANISM?

                                 MR. CYMBROWITZ:  NOT AS FAR AS THE SURVEY, NO.

                                 MR. SCHMITT:  OKAY.  DURING THAT PROCESS, ARE THEY

                    -- ARE THEY REQUIRED TO TAKE CERTAIN RESIDENT INPUT?  ARE THEY -- IS THERE

                    A PROCESS OF OBJECTING TO THAT ANY WAY?  EITHER LAID OUT IN THIS

                    LEGISLATION OR THROUGH HCR?

                                 MR. CYMBROWITZ:  RESIDENT INPUT AS FAR AS WHAT?

                    AS FAR AS THE SURVEY?

                                 MR. SCHMITT:  SO, I'M -- I'M A CITIZEN OF THE VILLAGE

                    XYZ, THIS PROCESS IS GOING ON, NOT PLEASED THE WAY IT WENT OR HAVE

                    QUESTIONS, CONCERNS.  IS THERE A -- A WAY TO OBJECT OR TO CONTEST IT

                    THROUGH A, YOU KNOW, A PROCESS WITH HCR?

                                 MR. CYMBROWITZ:  THERE'S NOTHING IN THIS BILL

                    THAT TALKS TO THAT, BUT IT'S UP TO THE MUNI -- THE TOWN, THE MUNICIPALITY.

                    WHOEVER DOES THAT CAN SET UP THEIR OWN RULES FOR THAT.

                                 MR. SCHMITT:  OKAY.  I KNOW THE -- THE BILL ALSO

                    PROVIDES THAT FOR ANY NEW RENT GUIDELINES BOARD CREATED AFTER THE BILL'S

                    EFFECTIVE DATE, THE MEMBERS THEREOF MUST BE APPOINTED PURSUANT TO THE

                    RECOMMENDATIONS OF EACH LOCAL MUNICIPALITY WHICH HAS DETERMINED THE

                    EXISTENCE OF A HOUSING EMERGENCY.  I KNOW IN NEW YORK CITY I BELIEVE

                                         155



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    IT'S COMPRISED OF NINE INDIVIDUALS APPOINTED BY THE MAYOR.  AGAIN, ARE

                    THESE INDIVIDUAL -- OTHER VILLAGE TOWNS, COUNTIES, CITIES, ARE THEY

                    REQUIRED TO FOLLOW THAT MODEL, OR CAN THEY COME UP WITH ANY TYPE OF

                    STRUCTURE THEY WOULD LIKE?

                                 MR. CYMBROWITZ:  WELL, THEY FOLLOW THE MODEL

                    OF HAVING REPRESENTATIVES FROM LANDLORDS, FROM TENANTS AND FROM THE

                    PUBLIC.

                                 MR. SCHMITT:  AND THAT -- IS THIS REQUIRED IN THIS

                    LEGISLATION?

                                 MR. CYMBROWITZ:  YES.

                                 MR. SCHMITT:  OKAY.  I WANT TO MOVE ON TO THE

                    STATEWIDE SECURITY DEPOSIT CHANGES.  WOULD YOU BE ABLE TO EXPLAIN TO

                    US HOW ONE MONTH WAS SETTLED ON?

                                 MR. CYMBROWITZ:  WE FELT THAT THAT WAS A FAIR

                    NUMBER BASED ON HOUSING THROUGHOUT THE STATE.

                                 MR. SCHMITT:  SO I FIND IT INTERESTING, NEW JERSEY

                    IS A MONTH-AND-A-HALF, CONNECTICUT'S TWO MONTHS, PENNSYLVANIA IS TWO

                    MONTHS.  SO, WE DON'T REALLY ALIGN WITH ANYBODY ELSE IN THE REGION.  SO

                    IS -- WHAT WERE THE INDICATORS STATEWIDE?  MAYBE -- WAS IT BASED ON

                    SOLELY NEW YORK CITY DATA, DID WE INCLUDE INFORMATION FROM -- FROM

                    EVERY CORNER OF THE STATE TO COME UP WITH JUST THE ONE MONTH?

                                 MR. CYMBROWITZ:  THIS IS WORKING WITH HCR.

                                 MR. SCHMITT:  IT WAS THEIR RECOMMENDATION FOR

                    ONE MONTH?

                                 MR. CYMBROWITZ:  IT'S -- IT'S -- YOU KNOW, THE

                                         156



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    GOVERNOR, I'M BEING TOLD, IS -- IT WAS IN HIS BUDGET.

                                 MR. SCHMITT:  CAN YOU REPEAT THAT?

                                 MR. CYMBROWITZ:  THE GOVERNOR RECOMMENDED

                    THAT.

                                 MR. SCHMITT:  THIS IS A GOVERNOR'S

                    RECOMMENDATION?

                                 MR. CYMBROWITZ:  YES.  OUR GOVERNOR.

                                 MR. SCHMITT:  THANK YOU FOR THE -- FOR THE

                    CLARIFICATION.  NOW, WITH THE ONE MONTH, ARE THERE ANY EXEMPTIONS

                    WHATSOEVER INCLUDING MAYBE FOR PEOPLE WITH POOR CREDIT RATINGS, ARE

                    THERE ANY RESTRICTIONS OR REQUIREMENTS MAYBE IN REFERENCE TO PET

                    DEPOSITS OR FEES, OR ANY CHANGES BASED ON AGE OF THE INDIVIDUAL?

                                 MR. CYMBROWITZ:  NO.

                                 MR. SCHMITT:  OKAY.  THANK YOU, MR. CHAIRMAN.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SCHMITT:  I -- I BELIEVE THIS DEBATE THAT WE'RE

                    HAVING HERE TODAY IS A -- A TRUE DEFINITION OF AN IDEALOGICAL AND

                    ECONOMIC DIVIDE, THE POLICY DIVIDE THAT WE SEE AND WHY WE HAVE A

                    TWO- PARTY SYSTEM.  I -- WE'VE -- WE'VE HAD A ROBUST DEBATE, AND -- AND

                    IT TRULY COMES DOWN TO SOME DISAGREEMENTS ON THE RIGHTS THAT -- FOR --

                    FOR PRIVATE PROPERTY OWNERS.  AND I BELIEVE THAT A LOT OF THE MEASURES

                    THAT WE ARE FOCUSING ON HERE TODAY REALLY WILL ARTIFICIALLY DISTORT --

                    DISTORT THE MARKET, CAUSING PRICE SPIKES, QUALITY ISSUES, INVENTORY

                    ISSUES.  AND I THINK THAT'S WHY YOU'RE SEEING THE OPPOSITION FROM

                                         157



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    MYSELF AND -- AND SEVERAL COLLEAGUES AND THE DEBATE THAT WE HAVE HERE

                    TODAY.

                                 I WANT TO READ INTO THE RECORD A PIECE OF A RECENT

                    EDITORIAL FROM CRAIN'S DATED MAY 27TH OF THIS YEAR, WHICH I THINK

                    SPEAKS TO SOME OF THOSE -- SOME OF THE ISSUES THAT WE DEBATED HERE.  IT

                    SUMS UP VERY NICELY AND KIND OF SHOWS THAT THAT ECONOMIC IDEALOGICAL

                    DIVIDE THAT WE ARE DEALING WITH.  CRAIN'S STATES:  REGULATING RESIDENTIAL

                    RENTS IS LIKE TRYING TO MAKE A BALLOON SMALLER BY SQUEEZING IT.  EVERY

                    ACTION CREATES ANOTHER PROBLEM.  THE OUTCOME IS A TANGLE OF RULES AND

                    A MARKET WORSE OFF THAN IT HAD -- IF IT HAD BEEN LEFT UNTOUCHED.  NEW

                    YORK LAUNCHED RENT CONTROL IN THE 1940S, REDUCING INCENTIVE TO INVEST

                    IN BUILDINGS.  PROPERTIES DETERIORATED, SO HIGHER RENTS WERE ALLOWED

                    FOR FIX-UP.  THEY CAN WRECK A BUDGET.  SO THE STATE PUT OFF RENT

                    INCREASES UNTIL A TENANT MOVED OUT.  THAT CREATED AN INCENTIVE TO PUSH

                    TENANTS OUT, SO ANTIHARASSMENT LAWS WERE ENACTED AND BUREAUCRACIES

                    CREATED TO MANAGE IT ALL.  SOME REGULATED RENTS WERE HIGHER THAN

                    TENANTS COULD PAY, SO PREFERENTIAL RENTS WERE ALLOWED.  THAT PUT

                    TENANTS AT RISK OF BIG INCREASES.  THE PROPOSED SOLUTIONS WOULD, OF

                    COURSE, CREATE STILL MORE UNINTENDED CONSEQUENCES.  THE PATTERN IS

                    OBVIOUS, YET STATE LAWMAKERS THINK THEY CAN BREAK IT BY CHANGING THE

                    RULES WHICH EXPIRE JUNE 15TH.  THEY'RE KIDDING THEMSELVES.  SOME

                    POLITICIANS KNOW RENT REGULATION IS DEEPLY FLAWED, BUT CONSIDER IT THE

                    THIRD RAIL.  OTHERS THINK ENDING REGULATION WOULD TRIGGER MASS

                    HOMELESSNESS, EVEN THOUGH THAT DIDN'T HAPPEN IN MASSACHUSETTS AFTER

                    VOTERS KILLED RENT CONTROL IN 1994.  ECONOMISTS BROADLY AGREE THAT RENT

                                         158



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONTROL MAKES HOUSING MARKETS INEFFICIENT AND DOESN'T REDISTRIBUTE

                    WEALTH.  BETTER TO GIVE POOR HOUSING SUBSIDIES THAT DO NOT DISTORT THE

                    MARKET OR TO REQUIRE SOME NO-FILL UNITS IN RESIDENTIAL PROJECTS.

                    MANDATING BELOW MARKET RENT LIMITS THE CREATION OF HOUSING, JUST AS NO

                    FARMER WOULD PLANT ORANGES IF THEIR PRICE WERE CAPPED AT ONE CENT,

                    LIMITING SUPPLY FURTHER.  TENANTS WITH ARTIFICIALLY LOW RENTS RARELY

                    LEAVE.  AN EMPTY- NESTER WILL STAY IN HER PRICE-CONTROLLED

                    THREE-BEDROOM FOR DECADES, AND HER LANDLORD WILL PROVIDE LOUSY

                    SERVICE BECAUSE THE SYSTEM ENCOURAGES SUCH DECISIONS.  RENT

                    REGULATION IN THE CITY DOES NOT FOCUS HELP ON NEEDY NEW YORKERS.  AN

                    $180,000 A YEAR EARNER CAN LOCK IN -- CAN LUCK INTO A REGULATED UNIT,

                    WHILE AN $80,000 A YEAR EARNER PAYS TWICE AS MUCH FOR A SMALLER UNIT,

                    AND A COUPLE MAKING MINIMUM WAGE ENDS UP IN A SHELTER.  NO RENT LAW

                    REFORM BEING DISCUSSED IN ALBANY WOULD CHANGE THAT.  WHAT'S WORSE,

                    THERE IS TALK OF EXPANDING THE SYSTEM TO MORE APARTMENTS IN MORE PARTS

                    OF THE STATE.  RENT CONTROL'S SIMPLISTIC VISCERAL RESPONSE TO HIGH

                    HOUSING COSTS THAT DOESN'T ADDRESS THE ROOT CAUSES.  NEW YORK'S SYSTEM

                    WAS IMPOSED SEVEN DECADES AGO TO ADDRESS THE HOUSING EMERGENCY.

                    THAT, NOT COINCIDENTLY, PERSISTS TO THIS DAY.  WE SHOULD SUMMON THE

                    COURAGE TO STOP POISONING THE MARKET AND LET IT HEAL.

                                 I'LL BE VOTING NO.  I APPRECIATE THE TIME, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                         159



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. GOODELL:  MY FRIENDS AND COLLEAGUES, FOUR

                    SCORE AND SEVEN HOURS AGO --

                                 (LAUGHTER)

                                 -- OUR LEADERSHIP PRESENTED SOME LEGISLATION DEDICATED

                    TO THE PROPOSITION THAT NO ONE WHO OWNS RENTAL PROPERTY IN NEW YORK

                    CITY SHOULD BE ALLOWED TO MAKE A RETURN ON THEIR INVESTMENT.  NOW,

                    THERE'S NO DOUBT THAT THE WORLD WILL LITTLE NOTE NOR LONG REMEMBER WHAT

                    I SAY HERE.  BUT THE HOUSING MARKET WILL NEVER FORGET WHAT WE DID HERE.

                    AND FOR ALL OF OUR COMPASSION FOR THE TENANTS, WHICH I SHARE, WHAT

                    WE'RE DOING HERE IS SAYING THAT IF YOU MAKE PREFERENTIAL RENT AVAILABLE,

                    WHICH IS A LOWER RENT THAN NORMAL, THAT LOWER RENT MUST BE PERMANENT.

                    AND HAVING DEALT IN THE BUSINESS WORLD FOR MOST OF MY LIFE, WHAT THAT

                    REALLY MEANS IS THAT WE ARE TODAY ELIMINATING PREFERENTIAL RENT.  SO ALL

                    THOSE FOLKS THAT USED TO ENJOY A LOWER RENT, ALBEIT FOR A TEMPORARY

                    PERIOD, WILL NO LONGER GET IT.  AND WE'VE MADE SURE THAT IF THERE'S A

                    MAJOR CAPITAL INVESTMENT, WE DON'T EVEN INCLUDE THE COST OF THE

                    TRANSACTION, THE INTEREST COSTS AND THE CARRYING CHARGES.  WHICH MEANS

                    THAT NO LANDLORD WILL MOVE FORWARD ON A MAJOR CAPITAL INVESTMENT

                    UNLESS FORCED, BECAUSE THEY WILL LOSE MONEY ON EVERY CAPITAL

                    INVESTMENT.  AND WE'VE SAID TO ALL OF OUR TENANTS IN NEW YORK CITY,

                    YOUR LANDLORD CANNOT INVEST MORE THAN $15,000 IN UPGRADING YOUR

                    APARTMENT.  IF ONLY WE HAD THIS BILL EARLIER BEFORE I HAD TO REDO MY

                    KITCHEN.  AND WE SAY, WE DON'T CARE WHAT YOUR INCOME IS, YOU CAN

                    MAKE A MILLION DOLLARS AND STILL BE IN A RENT-CONTROLLED APARTMENT,

                                         160



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    KEEPING THAT APARTMENT OFF THE MARKET FOR SOMEONE WHO REALLY NEEDS IT.

                    AND SO LOOKING AT THE FINANCIAL RAMIFICATIONS OF THIS BILL, DO WE REALLY

                    WANT TO SAY TO ALL THE TENANTS IN NEW YORK CITY, SORRY, WE'RE NOT GOING

                    TO INVEST MORE THAN $15,000 IN NEW FURNITURE AND FURNISHINGS.  SORRY,

                    WE'RE NOT GOING TO MAKE MAJOR CAPITAL INVESTMENTS IN YOUR PROPERTY

                    ANYMORE UNLESS FORCED TO.

                                 NOW, I'VE HEARD A LOT OF COMPELLING AND MOVING

                    STATEMENTS ABOUT HOW DELIPIDATED THE BUILDINGS ARE IN NEW YORK CITY,

                    AT LEAST SOME OF THEM.  HOW THERE'S A SERIOUS PROBLEM WITH

                    HOMELESSNESS.  HOW SOME OF MY NEW YORK CITY COLLEAGUES ARE

                    INUNDATED WITH TENANTS WITH HOUSING PROBLEMS.  AND I'M -- I'M

                    COMPASSIONATE AND I'M -- I'M APPRECIATIVE OF THOSE CHALLENGES.  AND I

                    AM THANKFUL THAT IN MY DISTRICT WE DON'T HAVE THOSE ISSUES.  SO WHAT DO

                    WE DO UPSTATE?  WE -- WE TAKE A SYSTEM NOW WHERE THE OWNER OF A

                    PROPERTY -- AND IN MY DISTRICT MOST OF THE TIME IT'S A -- A MOM-AND-POP

                    OPERATION, THEY MAY OWN A COUPLE OF HOUSES.  AND IF THEY'RE NOT BEING

                    PAID THE RENT UNDER THE CURRENT SYSTEM, YOU GIVE THEM A THREE-DAY

                    NOTICE AND IF IT'S STILL NOT PAID YOU BRING A PETITION WITHIN 5 TO 12 DAYS

                    AND YOU'RE IN COURT.  IF YOU GET AN EVICTION WARRANT, THAT'S SERVED WITHIN

                    THREE DAYS, THE PROCESS TAKES ABOUT THREE WEEKS.  WHAT ABOUT UNDER THE

                    PROPOSED PROCESS?  YOU HAVE TO GIVE A FIVE-DAY WRITTEN NOTICE BY

                    CERTIFIED MAIL.  THAT'S BEFORE YOU START.  YOU HAVE TO GIVE A 14-DAY

                    DEMAND FOR PAYMENT.  THAT TAKES YOU UP TO 20 DAYS.  THE NOTICE OF

                    PETITION MUST BE AT LEAST TEN DAYS.  THAT'S 24 DAYS.  THE TENANT'S ENTITLED

                    TO A 14-DAY ADJOURNMENT IF THEY ASK FOR IT.  THAT TAKES YOU, ASSUMING

                                         161



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    THEY ASK FOR IT, 38 DAYS.  WHEN THE WARRANT IS ISSUED, IT CAN BE UP TO

                    ANOTHER 14 DAYS.  WE'VE TAKEN A PROCESS THAT UPSTATE WOULD NORMALLY

                    TAKE THREE WEEKS AND WE'VE NOW MADE IT TWO MONTHS.  BUT THAT'S IF THE

                    PROCESS MOVES SMOOTHLY.  BECAUSE WE HAVE PROVIDED IN HERE THAT IF

                    THAT THE TENANT HAS DIED, AND NOW YOU HAVE AN -- AN APARTMENT UNIT OR A

                    RENTAL UNIT THAT'S OWNED BY SOMEONE WHO IS NO LONGER -- RENTED BY

                    SOMEBODY WHO IS NO LONGER ALIVE, YOU CANNOT BRING THE EVICTION

                    PROCEEDING UNTIL -- UNTIL THE ESTATE'S FORMED.  I MEAN, IT COULD BE THREE,

                    SIX, NINE MONTHS BEFORE YOU HAVE AN ESTATE THAT'S ACTUALLY FORMED.  AND

                    WE SAY IF YOU GET A WARRANT AND YOU'RE A TENANT WHO HASN'T BEEN

                    PAYING, CAN'T FIND A COMPARABLE APARTMENT WITHIN THE SAME SCHOOL

                    DISTRICT OR TOWN OR VILLAGE, THEY CAN STAY UP TO ONE YEAR IN THE

                    APARTMENT.  ONE YEAR AFTER THE EVICTION.  AND THE RENT, UNDER THIS BILL, IS

                    LIMITED TO WHAT THEY PAID OR WERE CHARGED THE MONTH PRIOR TO THE -- THE

                    WARRANT BEING ISSUED.  WHAT'S THAT MEAN?  IT MEANS THAT THE LANDLORD

                    FOLLOWING THESE NEW PROCEDURES GIVES 90-DAY NOTICE THAT HE'S GOING TO

                    RAISE THE RENT, AND THE TENANT DOESN'T WANT TO PAY THE HIGHER RENT.  THE

                    TENANT DOESN'T PAY, BECAUSE WHEN THEY GO THROUGH AN EVICTION THEY CAN

                    GET A ONE-YEAR EXTENSION, AT THE OLD RENT.  WE'RE SAYING TO LANDLORDS,

                    IT'S ILLEGAL FOR YOU TO CHECK OR BASE YOUR DECISION ON WHETHER TO RENT TO

                    SOMEONE BASED ON THE FACT THAT THEY WERE -- BEEN EVICTED FOR

                    NONPAYMENT OF RENT AT THE LAST SIX PLACES.  OR, THAT THEY WERE EVICTED

                    FOR TRASHING THE APARTMENT.  WE MAKE THAT ILLEGAL.  WE DO ALLOW THE

                    LANDLORD, BY THE WAY, TO DO A CREDIT REPORT AND A BACKGROUND REPORT, BUT

                    PRESUMABLY THAT BACKGROUND REPORT HAS TO SAY, AND DON'T TELL ME

                                         162



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WHETHER THEY TRASHED THE PREVIOUS APARTMENT OR WERE EVICTED.  AND

                    PRESUMABLY, WE NEED TO GIVE SPECIAL INSTRUCTIONS THAT THE CREDIT REPORT

                    ISN'T SUPPOSED TO REPORT ALL THE EVICTION JUDGMENTS, OR THE LANDLORD IS

                    FACING A FINE THAT COULD BE UP TO $1,000.  WE SAY THAT THE LANDLORD CAN

                    NO LONGER GET ATTORNEYS' FEES IF THERE'S A DEFAULT JUDGMENT.  BUT WE

                    ELIMINATE ANY REQUIREMENT THAT THE ANSWER BE SERVED ON THE LANDLORD

                    IN ADVANCE.  WHICH MEANS THAT THE LANDLORD WON'T KNOW WHETHER

                    THERE'S A DEFAULT JUDGMENT IN ADVANCE.  WE SAY THAT UNDER THIS BILL, THE

                    LANDLORD CANNOT DURING THE EVICTION PROCESS CHARGE OR SEEK PAYMENT

                    FOR ANYTHING BUT THE RENT.  FORGETTING THAT THERE ARE A NUMBER OF OTHER

                    CHARGES, APPARENTLY, THE LANDLORD TYPICALLY WOULD INCLUDE, LIKE UTILITIES.

                    AND WE'RE TOLD THAT THE RESPONSE TO THAT IS THE LANDLORD SHOULD BRING A

                    SECOND LAWSUIT, PRESUMABLY FOR THE UTILITIES, THE CLEANING COSTS, THE

                    ATTORNEY FEES OR WHATEVER.  NOW, ALTHOUGH WE HAVE TAKEN THE EVICTION

                    PROCESS AND MOVED IT FROM THREE WEEKS TO TWO MONTHS, THIS STATUTE THAT

                    WE'RE VOTING ON LIMITS THE AMOUNT OF SECURITY DEPOSIT TO 30 DAYS, WHICH

                    MEANS EVEN IF THE LANDLORD MOVES AS FAST AS HUMANLY POSSIBLE TO EVICT

                    A TENANT WHO'S ENGAGED IN NONPAYMENT OF THE RENT, BY LAW WE PROHIBIT

                    THAT LANDLORD FROM COLLECTING IN ADVANCE ENOUGH SECURITY DEPOSIT TO

                    COVER HIS OUT-OF-POCKET LOSSES.

                                 NOW, I ARRIVED HERE THIS MORNING WITHOUT A MAJOR

                    HOUSING CRISIS IN MY COUNTY.  SADLY, I WILL BE LEAVING WITH A HOUSING

                    CRISIS DEVELOPING, AS THE LANDLORDS IN MY DISTRICT AND ACROSS MUCH OF

                    UPSTATE NEW YORK WRESTLE TO IMPLEMENT NEW RULES DESIGNED TO SOLVE A

                    PROBLEM THAT DIDN'T EXIST IN OUR COMMUNITY, THAT CREATES A RAFT-LOAD OF

                                         163



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NEW PROBLEMS.

                                 THANK YOU FOR ALLOWING ME TO SHARE THAT -- COMMENTS,

                    AND I AM CONFIDENT THAT EVEN THOUGH I HAVE JUST FINISHED SPEAKING, THE

                    ASSEMBLY WILL LITTLE NOTE NOR LONG REMEMBER WHAT I'VE SAID.  BUT

                    NEVERTHELESS, I'M HAPPY TO SHARE THOSE COMMENTS.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WOULD YOU

                    PLEASE CALL THE CITIES COMMITTEES TO THE SPEAKER'S CONFERENCE ROOM?

                    I BELIEVE MR. BRAUNSTEIN MAY BE ALREADY THERE.

                                 ACTING SPEAKER AUBRY:  CITIES COMMITTEE,

                    SPEAKER'S CONFERENCE ROOM IMMEDIATELY.

                                 MR. RAIA.

                                 MR. RAIA:  MIC'S -- OH, THERE WE GO.  THANK YOU,

                    MR. SPEAKER.  ON THE BILL.  I'VE SAT HERE THROUGH, OH, I THINK SIX

                    RENEWALS OF RENT CONTROL, AND IT'S REALLY ONLY BEEN A -- AN ISSUE

                    PRIMARILY FOR NEW YORK CITY, A LITTLE BIT IN NASSAU COUNTY, AND I'VE

                    LEARNED A LOT OVER THE YEARS.  AND I HAVE CONCERNS ABOUT WHAT THIS IS

                    GOING TO DO TO NEW YORK CITY.  IT'S NOT RENEWABLE.  IF IT DOESN'T WORK,

                    WE'RE GOING TO FIND OURSELVES BACK HERE AFTER A CRISIS HAS ALREADY BEEN

                    CREATED.  BUT NOW YOU'VE PULLED EVERYBODY OUTSIDE OF NEW YORK CITY

                    INTO THE MIX.  AND OVER THE YEARS, MY LOCAL DAILY NEWSPAPER, NEWSDAY,

                    SOMETIMES WE AGREE ON THINGS, SOMETIMES WE DON'T AGREE ON THINGS.

                    BUT THEY REALLY GOT IT RIGHT IN AN EDITORIAL TODAY ON THE IMPACT THAT THIS

                    IS GOING TO HAVE ON SUFFOLK COUNTY, MY COUNTY.  I'M JUST GOING TO TAKE

                                         164



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    A MOMENT TO -- TO READ SOME OF THE EDITORIAL.  ALBANY RENT BILL WILL

                    HURT ISLAND.  WHILE THE STATE LEGISLATURE'S EFFORTS TO EXPAND RENT

                    REGULATIONS ARE INTENDED TO HELP RESIDENTS BY IMPROVING THEIR ABILITY TO

                    FIND AND KEEP REASONABLY-PRICED RENTAL HOUSING, ONE PIECE OF THE RENT

                    LEGISLATIVE PACKAGE WOULD HAVE THE OPPOSITE IMPACT, ESPECIALLY IN

                    SUFFOLK COUNTY.  THE PENDING BILL WOULD ALLOW COMMUNITIES TO OPT IN TO

                    RENT REGULATIONS IN THEIR VACANCY -- IF THEIR VACANCY RATES SIT BELOW 5

                    PERCENT.  THAT MIGHT SEEM LIKE A GOOD IDEA.  BUT IN SUFFOLK COUNTY,

                    WHERE THERE ARE FEW APARTMENTS AND MUCH OPEN LAND TO BUILD THEM, THE

                    BILL WOULD HAVE UNINTENDED DETRIMENTAL CONSEQUENCES.  RENT RULES

                    WOULD STIFLE ATTEMPTS TO BUILD REASONABLY-PRICED RENTAL HOUSING AS

                    DEVELOPERS AND LENDERS WOULD FIND THEMSELVES UNABLE TO FINANCE AND

                    BUILD RENTAL HOUSING.  WHAT MORE, IT COULD LEAD LANDLORDS OF EXISTING

                    RENTALS TO CONSIDER CONVERTING THEM INTO COOPERATIVES AND

                    CONDOMINIUMS, MAKING THE LACK OF RENTALS MORE DIRE.  ALSO

                    CONCERNING, HOW LITTLE ANYONE KNOWS ABOUT HOW THE BILL WOULD WORK

                    AND WHERE IT WOULD APPLY.  COMMUNITIES WOULD DO THEIR OWN STUDIES TO

                    DETERMINE ELIGIBILITY BASED ON WHETHER THERE'S A HOUSING EMERGENCY

                    WHEN THE RETAIL VACANCY RATES FALL BELOW 5 PERCENT.  YOU SEE, THE

                    PROBLEM IS THIS:  IN NEW YORK -- NEW YORK CITY IS MADE UP OF FIVE

                    COUNTIES.  SUFFOLK COUNTY IS MADE UP OF TEN TOWNS, SOME OF THEM

                    SMALL, SOME OF THEM PRETTY BIG.  AND IF YOU'RE GOING TO HAVE TO HAVE A

                    DIFFERENT STANDARD IN EACH OF THOSE TEN TOWNS - SOME MAY WANT IT, SOME

                    MAY NOT - IT IS GOING TO CAUSE ABSOLUTE HAVOC IN MY COUNTY.  I THINK THIS

                    BILL -- I THINK THERE SHOULD HAVE BEEN HEARINGS ON THIS FINAL PIECE OF

                                         165



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    LEGISLATION INSTEAD OF RUSHING IT THROUGH BEHIND CLOSED DOORS SO MY

                    CONSTITUENTS COULD HAVE HAD AN OPPORTUNITY TO HAVE INPUT IN THE FINAL

                    PRODUCT.  THAT DID NOT HAPPEN.

                                 I'M NOT WILLING TO ROLL THE DICE ON MY CONSTITUENTS.  I

                    WILL BE VOTING IN THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 (APPLAUSE/CHEERS)

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL

                    RECORD THE VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR AN OPPORTUNITY TO EXPLAIN MY VOTE.  FIRST OF ALL, I WANT TO

                    THANK SPEAKER HEASTIE AND LEADER STEWART-COUSINS FOR, I THINK, AN

                    HISTORIC OPPORTUNITY FOR PEOPLE WHO NEED TO RENT APARTMENTS ANYWHERE

                    IN THE STATE OF NEW YORK.  THE THING I LIKE MOST ABOUT THIS LEGISLATION,

                    MR. SPEAKER, IS THAT IT ALLOWS LOCAL GOVERNMENTS TO MAKE THEIR OWN

                    DECISION.  THIS IS NOT SOMETHING THAT IS BEING FORCED ON ANY

                    GOVERNMENT ANYWHERE IN THE STATE OF NEW YORK.  THOSE GOVERNMENTS

                    CAN DECIDE ANY PIECE OF THIS LEGISLATION THAT THEY WOULD LIKE TO HAVE IN

                    THEIR COMMUNITIES.  I THINK THAT'S VALUABLE BECAUSE OFTEN WE THINK WE

                    KNOW WHAT'S BEST FOR EVERYBODY, AND SOMETIMES IT'S BEST TO LET THEM

                    MAKE THEIR OWN DECISION.  AS A -- AS A -- THE GRANDDAUGHTER OF A

                    LANDOWNER WHO SHARECROPPED HIS LAND AND THE DAUGHTER OF PARENTS WHO

                                         166



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ALWAYS HAD RENTAL PROPERTY, AND A PERSON WHO OWNS RENTAL PROPERTY

                    RIGHT NOW, I DO BELIEVE THAT INVESTORS SHOULD MAKE A RETURN ON THEIR

                    INVESTMENT.  BUT THEY SHOULD NOT MAKE THAT AT THE EXPENSE OF THE

                    TENANTS THAT THEY SERVE.  AND SO I THINK THIS IS A GOOD PIECE OF

                    LEGISLATION.  IT'S WELL-ROUNDED, AND ALLOWS EVERYBODY TO THRIVE AND AN

                    OPPORTUNITY TO LIVE IN DECENT, SAFE HOUSING.

                                 SO WITH THAT, MR. SPEAKER, IT IS MY PLEASURE TO VOTE IN

                    SUPPORT OF THIS LEGISLATION.  AND TO ADD JUST ONE MORE THING, MR.

                    SPEAKER.  I'M NOT SURE WHY SO MANY NEW YORKERS DOUBTED THE STATE

                    ASSEMBLY.  I'M NOT SURE WHY SO MANY NEW YORKERS DOUBTED THAT WE

                    WERE GOING TO HAVE THE INTEREST OF THE PEOPLE FIRST AND FOREMOST.  BUT I

                    HOPE THEY UNDERSTAND NOW THAT WE ARE YOU.  WE LIVE YOUR EXPERIENCE.

                    WE UNDERSTAND WHAT YOU'RE GOING THROUGH.  AND WE CAN GET THE JOB

                    DONE IN DUE TIME.  AGAIN, THANK YOU, MR. SPEAKER, FOR ALLOWING US THE

                    DUE TIME TO GET THE JOB DONE.  PLEASURE TO VOTE IN FAVOR OF THIS.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 MR. LENTOL.

                                 MR. LENTOL:  THANK YOU, MR. SPEAKER.  I RISE NOT

                    TO TALK ABOUT THE BILL, SO MUCH AS ABOUT THE TENANTS ASSOCIATIONS IN MY

                    DISTRICT WHO HAVE URGED ME AND WHO HAVE BEEN ON THE STREETS FOR OVER

                    40 YEARS THAT I CAN RECALL.  LIKE ST. NICK'S ALLIANCE, IMPACCT, LOS

                    SURES, THE NATIONAL CONGRESS OF NEIGHBORHOOD WOMEN, NORTH

                    BROOKLYN DEVELOPMENT CORPORATION, THE PEOPLE'S FIREHOUSE.  THE LOFT

                    TENANTS AND EVEN OTHER GROUPS THAT I'M NOT EVEN MENTIONING WHO HAVE

                                         167



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    COME TO ME EARLY AND OFTEN.  BUT MOST IMPORTANTLY, WE WOULDN'T EVEN

                    BE HERE TODAY IF IT WEREN'T FOR THE GREAT SPEAKER OF THE ASSEMBLY WHO

                    CAME OUT IN FAVOR OF THIS EARLY IN THE SESSION AND SAID HE WAS GOING TO

                    DO SOMETHING ABOUT TENANTS' RIGHTS.  JUST LIKE HE DID TWO YEARS AGO

                    WHEN HE ANNOUNCED BEFORE WE EVEN DID A BUDGET, THAT WE WERE GOING

                    TO DO SOMETHING ABOUT RAISE THE AGE.  NOT ONLY DID HE SAY IT, HE DID IT.

                    AND HE DID IT THIS YEAR WITH THE GREAT HELP OF THE -- THAT WONDERFUL

                    HOUSING CHAIRMAN FROM BROOKLYN, STEVE CYMBROWITZ AND HIS

                    WONDERFUL STAFF.  AND I WANT TO THANK THEM FOR BRINGING THIS BILL TO THE

                    FLOOR SO WE HAVE AN OPPORTUNITY THIS YEAR TO VOTE ON IT.

                                 THIS IS AN HISTORIC OCCASION, AND I'M PROUD TO BE A PART

                    OF IT.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LENTOL IN THE

                    AFFIRMATIVE.

                                 MS. FRONTUS.

                                 MS. FRONTUS:  THANK YOU, MR. SPEAKER.  I WANT TO

                    JOIN MY COLLEAGUES TODAY IN SAYING HOW PROUD I AM TO JOIN MY

                    COLLEAGUES AND TO VOTE FOR THIS HISTORIC PIECE OF LEGISLATION TODAY.  THIS

                    DAY WILL TRULY GO DOWN IN HISTORY BOOKS AS THE DAY THAT THIS HOUSE, THIS

                    BODY, STOOD UP AND DID THE RIGHT THING ON BEHALF OF TENANTS.  MR.

                    SPEAKER, AS YOU KNOW, I REPRESENT THE 46TH ASSEMBLY DISTRICT, AND I'M

                    VERY PROUD TO REPRESENT THE SOUTHERN BROOKLYN COMMUNITIES OF CONEY

                    ISLAND, BAY RIDGE, BATH BEACH, GRAVESEND, BRIGHTON BEACH AND DYKER

                    HEIGHTS.  IT IS NOT HYPERBOLE WHEN I TELL YOU THIS AFTERNOON THAT NO

                    TOPIC IS OF GREATER IMPORTANCE TO MY CONSTITUENTS TODAY THAN HOUSING

                                         168



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AND TENANT RIGHTS.  THIS ISSUE HAS BECOME AN OUTRIGHT CRISIS, AND EVERY

                    SINGLE DAY, EVERY SINGLE DAY WE HEAR FROM CONSTITUENTS WHO ARE BEING

                    PREYED UPON, WHO ARE BEING ABUSED, WHO ARE BEING TAKEN ADVANTAGE OF.

                    WE HAVE SENIORS, WE HAVE WIDOWS WHO WITHOUT ANY WARNING GET

                    LETTERS IN THEIR MAILBOX TELLING THEM THAT THEIR RENTS ARE BEING DOUBLED

                    AND AT TIME TRIPLES, WHICH IS HARD TO BELIEVE, BUT IT'S TRUE.  AND ENOUGH

                    IS ENOUGH.  AND TODAY WE ARE SENDING A MESSAGE THAT WE ARE NOT GOING

                    TO STAND HERE AND TAKE THIS ANYMORE.

                                 SO I WOULD JUST LIKE TO STAND AND SAY HOW PROUD I AM.

                    AS A FRESHMAN MEMBER OF THIS BODY, IT FILLS MY HEART WITH JOY THAT WE

                    ARE MAKING HISTORY TOGETHER.  AND TO ALL OF THE HOUSING ADVOCATES IN

                    MY DISTRICT IN SOUTHERN BROOKLYN, THANK YOU SO MUCH FOR YOUR HARD

                    WORK.  THANK YOU FOR YOUR ADVOCACY.  AND WE DID IT.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  THANK YOU -- THANK

                    YOU.

                                 MR. ORTIZ TO EXPLAIN HIS VOTE.

                                 MR. ORTIZ:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO EXPLAIN MY VOTE.  TODAY NOT ONLY IS A HISTORICAL MOMENT, BUT IS A

                    HISTORICAL MOMENT FOR THE TENANTS WHO HAPPEN TO WIN THIS PIECE OF

                    LEGISLATION.  THROUGHOUT THE YEARS, TENANTS HAS COME THROUGH THIS

                    HOUSE ADVOCATING FOR JUSTICE FOR TENANT RIGHTS, FOR DECENCY.  AND, MR.

                    SPEAKER, WHEN I FIRST CAME TO THIS COUNTRY I USED TO LIVE WITH MY AUNT

                    IN 1980.  DURING THOSE DAYS IN SUNSET PARK - WHICH IS THE AREA THAT I

                    REPRESENT TODAY - IN ORDER FOR THE LANDLORD TO GET RID OF THE TENANTS, THEY

                                         169



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WERE TRYING TO LIGHT A FIRE IN SOME OF THE APARTMENT THAT WAS EMPTY.  SO

                    WE HAD TO JUMP FROM THE THIRD FLOOR, SECOND FLOOR AND EVEN FROM THE

                    SIXTH FLOOR, SOME OF THE TENANT WHO LIVED IN THE UPPERS FLOORS, THROUGH

                    THE FIRE ESCAPE BECAUSE THEY WANT THE TENANTS TO GET OUT BECAUSE THEY

                    WAS IN SECTION 8.  I WITNESSED THAT IN MY DISTRICT WHEN I WAS -- WHEN I

                    CAME TO THIS COUNTRY.  AND TODAY NOT ONLY IS A GREAT DAY, TODAY WE ARE

                    ERASING A CHAPTER THAT WAS CREATED IN THE PAST AND OPENING A NEW

                    CHAPTER WITH NEW LEGISLATION THAT WILL GIVE OUR TENANTS THE RIGHT THAT

                    THEY DESERVE, THE DIGNITY THAT THEY DESERVE, AND THE HUMAN KIND THAT

                    THEY DESERVE.

                                 MR. SPEAKER, IT IS MY PLEASURE TODAY TO BE STANDING ON

                    THIS FLOOR TO PROTECT THE PEOPLE OF THE 51ST ASSEMBLY DISTRICT, THE AREAS

                    OF SUNSET PARK THAT I REPRESENT, PROUDLY ENOUGH TO VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. ORTIZ IN THE

                    AFFIRMATIVE.

                                 MR. BLAKE.

                                 MR. BLAKE:  THANK YOU, MR. SPEAKER AND

                    COLLEAGUES.  FROM -- FROM THE TIME I WAS ELECTED IN 2014 THERE'S BEEN

                    NO TOPIC THAT HAS HAD MORE IMPACT IN OUR COMMUNITY IN THE SOUTH

                    BRONX THAN -- THAN HOUSING AND STANDING UP FOR OUR TENANTS.  AND I --

                    AND I THANK THE SPEAKER AND OUR LEADER STEWART-COUSINS AND OUR

                    CHAIR, STEVE CYMBROWITZ, AND THE TENANT ADVOCATES FOR STANDING UP

                    TODAY, FOR FIGHTING WHETHER IT BE VOCAL OR NOS QUEDAMOS OR MID

                    BRONX DESPERADOES.  SO MANY THAT CAME HERE TO SAY ENOUGH IS ENOUGH,

                                         170



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AND SAY VERY CLEARLY HOUSING IS A HUMAN RIGHT.  THIS IS PERSONAL IN

                    MANY REASONS.  MY -- MY MOTHER WAS HOMELESS.  AND SHE WOULD

                    REGULARLY TELL THE STORIES ABOUT WHAT HAD TO HAPPEN TO PROTECT AND STAND

                    UP FOR OUR FAMILY TO THE TIME WHEN I GREW UP AT 2095 CRESCENT AVENUE

                    AND WE SOLD DINNERS ON SATURDAY AFTERNOONS BECAUSE WE DIDN'T HAVE

                    ENOUGH MONEY TO PAY OUR RENT.  YOU SHOULD NEVER BE WONDERING IF YOU

                    CAN KEEP YOUR HOME.  YOU SHOULD NEVER BE WONDERING IF COULD HAVE A

                    CHANCE AND HAVE DIGNITY.  YOU SHOULD NEVER WONDER IF SOMEONE COMES

                    IN WITH A -- A FRIDGE OR AN APPLIANCE THAT'D BE THE REASON WHY YOUR RENT

                    GETS INCREASED.  YOU SHOULD NEVER BE WONDERING IF YOU HAVE A CHANCE

                    TO MAKE IT EACH AND EVERY DAY.  NO BILL SHOULD BE THE REASON WHY YOU

                    LOSE YOUR HOME.  AND, YES, WE UNDERSTAND THERE HAVE TO BE

                    IMPROVEMENTS AND CHANGES, BUT WE ARE VERY CLEAR THAT HOUSING IS A

                    HUMAN RIGHT IN EVERY POSSIBLE WAY, NO MATTER WHAT IS HAPPENING.

                                 THAT IS WHY TODAY IS A HISTORIC DAY.  TODAY IS A DAY

                    WHERE WE MAKE IT VERY CLEAR TO ALL PEOPLE ACROSS NEW YORK STATE THAT

                    YOU DON'T HAVE TO LIVE IN FEAR, YOU DON'T HAVE TO WONDER IF YOU'LL KEEP

                    YOUR HOME.  WE PROUDLY STAND WITH THE TENANTS, AND I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. BLAKE IN THE

                    AFFIRMATIVE.

                                 MR. PHILLIP STECK.

                                 MR. STECK:  THANK YOU VERY MUCH, MR. SPEAKER.  I

                    WILL BE VOTING IN FAVOR OF THE BILL TO PROVIDE UPSTATE NEW YORK

                    MUNICIPALITIES WITH THE OPTION, IN THEIR DISCRETION, TO ADOPT RENT

                                         171



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONTROL.  I MUST STRESS THAT THIS LEGISLATION GIVES UPSTATE NEW YORK

                    CITIES, TOWN AND VILLAGES RENT CONTROL AS A TOOL TO AID THEIR LOCAL

                    ECONOMIES IF THEY BELIEVE CONDITIONS WARRANT.  STUDIES HAVE SHOWN THAT

                    RISING RENTS HAVE OUTSTRIPPED ANY INCREASES IN INCOME.  THIS CREATES A

                    DANGEROUS SITUATION IN THE ECONOMY.  IF PEOPLE ARE FORCED TO SPEND TOO

                    MUCH OF THEIR INCOME ON HOUSING, THEY HAVE LITTLE DISCRETIONARY INCOME

                    LEFT OVER AND THEY ARE UNABLE TO SPEND AN APPROPRIATE PORTION OF THEIR

                    EARNINGS ON GOODS AND SERVICES IN THE ECONOMY.  THIS REDUCTION IN

                    PURCHASING POWER WILL HARM THE UPSTATE ECONOMY.  IN NEW YORK CITY,

                    WHICH I AM FAMILIAR WITH AS THE GRANDSON OF MANHATTAN RENTERS, RENT

                    REGULATION IS IMPERATIVE BECAUSE TOO MUCH MONEY IS CHASING TOO FEW

                    APARTMENTS.  WEALTHY PERSONS FROM OTHER NATIONS AND OTHER STATES BUY

                    OR RENT APARTMENTS EITHER FOR INVESTMENT OR RECREATIONAL PURPOSES,

                    WHICH IS DRIVING LONGTIME MIDDLE-CLASS RESIDENTS OUT OF THE CITY.  THE

                    SITUATION IN UPSTATE NEW YORK IS DIFFERENT.  INCOMES ARE LOWER.  BUT

                    RENT CONTROL CAN ALSO BE A TOOL TO ADDRESS AN IMBALANCE BETWEEN RENT

                    AND PEOPLE'S ABILITY TO PAY.  I WISH TO THANK THOSE WHO SPOKE TO ME,

                    CONSTITUENTS, ABOUT THE PROPOSAL THAT PLACED MANDATORY RESTRICTIONS ON

                    RENT INCREASES, LIMITING THOSE TO 1.5 TIMES INCREASE IN THE CONSUMER

                    PRICE INCREASE.  I AGREE THAT RESTRICTION WAS UNREASONABLE, AND I THANK

                    THE MAJORITY CONFERENCE FOR ELIMINATING IT FROM THE BILL.

                                 ACTING SPEAKER AUBRY:  MR. PHILLIP STECK IN

                    THE AFFIRMATIVE.

                                 MS. WALKER.

                                 MS. WALKER:  THANK YOU, MR. SPEAKER.  I REQUEST

                                         172



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    AN OPPORTUNITY TO ABSTAIN FROM VOTING AT THIS TIME IN ORDER TO EXPLAIN

                    MY VOTE.  THIS LEGISLATION IS GROUNDBREAKING.  IT REALLY IS.  AND IT WILL

                    CHANGE THE -- THE DYNAMICS OF A NUMBER OF INDIVIDUALS WHO RIGHT NOW

                    ARE SITTING IN OUR HOUSING COURTS UNDER THE THREAT OF EVICTION.  AND IT

                    SENDS A STRONG MESSAGE TO ANY OF THE INDIVIDUAL LANDLORDS WHO ARE

                    LOOKING TO PLAGUE OUR CONSTITUENTS AS WELL AS OUR COMMUNITIES THAT

                    TODAY, THE STATE OF NEW YORK HAS TAKEN A STANCE.  AND I HEARD

                    THROUGHOUT EVERYONE'S TESTIMONY THAT TODAY WE SAY, NO MORE.

                    HOWEVER, THERE ARE A GROUP OF INDIVIDUALS WHO ARE NOT GOING TO BE

                    ALLOWED TO VEST IN THE GROUNDBREAKING PIECE OF LEGISLATION THAT WE ARE

                    PARTAKING IN TODAY.  AND THESE ARE THE INDIVIDUALS WHO ARE UNDER

                    ARTICLE 11, WHO ARE MITCHELL-LAMA.  THESE ARE THE INDIVIDUALS WHO ARE

                    UNDER A REGULATORY AGREEMENT WITH HPD.  THESE ARE THE INDIVIDUALS

                    WHO ARE IN OUR SECTION 8-BASED BUILDING DEVELOPMENTS ACROSS THE STATE

                    OF NEW YORK.  AND PARTICULARLY, THESE BUILDINGS ARE LOCATED IN THE

                    MOST LOWEST OF INCOME COMMUNITIES THROUGHOUT THE CITY OF NEW YORK.

                    AND SO WHILE I RECOGNIZE THAT WE DID A LOT TODAY, I ALSO AGREE THAT THERE

                    IS STILL A LOT LEFT FOR US TO DO, AND THAT WE NEED TO GET RID OF THIS

                    PROVISION THAT ALLOWS FOR AN EXEMPTION FOR BUILDINGS THAT HPD IS

                    ALLOWING RIGHT NOW TO PLAGUE OUR COMMUNITIES BY CHARGING VERY HIGH

                    RENT AND SETTING VERY HIGH LEGAL RENTS AT AMOUNTS THAT DON'T PARTICULARLY

                    LOOK TOWARDS OUR COMMUNITIES.

                                 SO WHILE I DO REJOICE IN THIS DAY WITH MY COLLEAGUES,

                    AND I DO APPRECIATE ALL OF THE WORK THAT THE CHAIRMAN, OUR SPEAKER AND

                    ALL OF OUR STAFF HAS PUT INTO THIS LEGISLATION, I AGREE THAT THERE'S MORE

                                         173



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WORK TO DO --

                                 ACTING SPEAKER AUBRY:  MS. WALKER --

                                 MS. WALKER:  -- BUT I WILL VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. WALKER IN THE

                    AFFIRMATIVE.

                                 MS. ROMEO.

                                 MS. ROMEO:  THANK YOU, MR. SPEAKER.  I RISE TO

                    EXPLAIN MY VOTE.  I AM A PROUD REPRESENTATIVE OF UPSTATE NEW YORK,

                    THE CITY OF ROCHESTER AND MONROE COUNTY, AND I'M VERY PROUD TO CAST

                    MY VOTE TODAY IN FAVOR OF THIS BILL.  PARTICULARLY FOR THE PROTECTIONS --

                    THE STATEWIDE TENANT PROTECTIONS THAT HAVE BEEN INCLUDED IN THIS

                    PROVISION.  AND I WANT TO THANK THE ADVOCATES AND THE MEMBERS OF THIS

                    ROOM WHO HAVE SUCCESSFULLY WORKED ON THIS ISSUE AND KNOWING THAT

                    THERE IS MORE TO GO.  I WANT TO THANK THE MEMBERS THAT CAME OUT TO

                    ROCHESTER, AN UPSTATE CITY, WHERE WE HEARD FROM BOTH RESIDENTS WITHIN

                    THE CITY OF ROCHESTER, BUT ALSO IN NEIGHBORING SUBURBAN COMMUNITIES,

                    THE ISSUES THAT THEY FACED REGARDING RETALIATION WHEN THEY SPOKE UP FOR

                    THEIR RIGHTS.  AND WE HEARD COUNTLESS STORIES OF FAMILIES THAT WERE

                    FACING EVICTION AND HOMELESSNESS BECAUSE THEY STOOD UP AGAINST

                    HAVING TO LIVE IN DEPLORABLE DECISIONS [SIC].  AND THANKS TO SOME

                    PROVISIONS IN THIS, THAT WILL NO LONGER BE AN ISSUE THAT THEY HAVE TO

                    FACE.  I WANT TO THANK THE MEMBERS THAT REALLY FOUGHT TO GET THAT --

                    THOSE MEASURES INCLUDED AND THE ADVOCATES THAT DID.  I THINK THIS IS A

                    VERY IMPORTANT STEP, PARTICULARLY FOR OUR UPSTATE'S RESIDENTS, THAT THIS

                    PROTECTION -- NO FAMILY WILL NO LONGER HAVE TO FEAR SPEAKING FOR THEIR

                                         174



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    RIGHTS OF THEIR FAMILIES TO LIVE IN SAFE CONDITIONS BECAUSE THEY FEAR

                    BEING EVICTED, AND I THINK THAT THAT'S REALLY IMPORTANT.

                                 AND I WANTED TO -- I CAST MY VOTE IN THE AFFIRMATIVE.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. ROMEO IN THE

                    AFFIRMATIVE.

                                 (APPLAUSE/CHEERS)

                                 PLEASE.  THANK YOU.

                                 MR. RIVERA TO EXPLAIN HIS VOTE.

                                 MR. RIVERA:  THANK YOU, MR. SPEAKER.  MY MOTHER

                    BROUGHT ME TO THIS GREAT CITY OF NEW YORK SEPTEMBER 10, 1946.  WE

                    LIVED IN A HOMELESS SHELTER FOR SIX MONTHS.  WE MOVED TO THE BRONX

                    WHERE WE PAY AFFORDABLE RENT, $54 A MONTH FOR A THREE-BEDROOM

                    APARTMENT.  BY 1980, THERE WERE THOSE THAT WERE BURNING DOWN THE

                    BRONX, ARSONISTS FOR PROFIT.  WE LOST A POPULATION OF 150,000.  WE

                    ORGANIZED THE PEOPLE'S CONVENTION THEN IN 1980 TO CALL TO THE ATTENTION

                    OF THE DEMOCRATIC PARTY THAT WAS MEETING IN -- IN -- IN MADISON SQUARE

                    GARDEN, AND WE SET UP ON A PLAN TO REBUILD THE BRONX.  AND WE BEGAN

                    TO REBUILD THE BRONX.  I GOT ELECTED IN '82.  SO NOW ABOUT FOUR YEARS

                    AGO, BILL DE BLASIO, OUR PROGRESSIVE LIBERAL MAYOR, CAME UP HERE WITH A

                    BEAUTIFUL PLAN TO BUILD AFFORDABLE HOUSING.  OH, HOW MUCH WE

                    WELCOMED THAT IN THE BRONX, AFFORDABLE HOUSING.  HIS PLAN CALLED --

                    YOU HAD TO MAKE $60,000 A YEAR IN ORDER TO QUALIFY.  NICK PERRY -- IF I

                    REMEMBER, NICK PERRY, BROTHER, THE CHAIRMAN OF THE BLACK AND PUERTO

                    RICAN CAUCUS, SENT HIM BACK TO NEW YORK WITH A DIFFERENT PLAN.  HE

                                         175



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CAME BACK, $50,000.  AND WE SENT HIM BACK.  HE CAME BACK WITH

                    $31,000.  NOW WE VOTED FOR $15 AN HOUR MINIMUM WAGE.  IT'S ONLY

                    $30,000 A YEAR, BUT NOT EVERYBODY IN THE CITY OF NEW YORK MADE $15

                    A -- A -- AN HOUR MINIMUM WAGE.  SO WHAT HAPPENED?  BILL DE BLASIO'S

                    PLAN CALLS FOR YOU TO QUALIFY, YOU GOTTA MAKE $31,000.  $15 AN HOUR

                    COMES TO $30,000.  SOMETHING IS WRONG HERE.

                                 MR. SPEAKER, I WANT TO THANK YOU FOR THIS, AND I WANT

                    TO THANK THE SENATOR, SENATOR COUSINS FOR THIS.  AND I WANT TO THANK ALL

                    OF YOU BECAUSE, LISTEN, YOU FINALLY, AFTER 17 YEARS, GAVE ME A SALARY

                    INCREASE --

                                 ACTING SPEAKER AUBRY:  MR. --

                                 MR. RIVERA:  NOW I CAN AFFORD TO PAY $2,300 A

                    MONTH RENT --

                                 ACTING SPEAKER AUBRY:  MR. RIVERA --

                                 MR. RIVERA:  NOW I CAN AFFORD TO CONTRIBUTE TO MY

                    CHILDREN, MY GRANDCHILDREN GOING TO COLLEGE.  WHAT WE TOLD THEM,

                    TUITION --

                                 ACTING SPEAKER AUBRY:  MR. RIVERA, HOW DO

                    YOU VOTE, SIR?  MR. RIVERA.

                                 (INAUDIBLE)

                                 THANK YOU, SIR.  HE VOTES IN THE AFFIRMATIVE.

                                 MS. REYES.

                                 MS. REYES:  THANK YOU, MR. SPEAKER, TO EXPLAIN MY

                    VOTE.  I KNOW IT'S BEEN A VERY LENGTHY DEBATE.  HOUSING HAS BEEN ONE OF

                    THE MOST PREVALENT ISSUES IN MY DISTRICT.  NINETY-FIVE PERCENT OF THE

                                         176



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    CONSTITUENT CASES THAT COME TO MY OFFICE DEAL WITH HOUSING.  I CAN'T TELL

                    YOU HOW POWERLESS I HAVE FELT TO NOT BE ABLE TO DO MORE FOR THEM.  I

                    AM PROUD OF WHAT WE'VE DONE HERE TODAY.  EVERYONE DESERVES TO LIVE

                    WITH DIGNITY.  I WANT TO THANK ALL OF MY COLLEAGUES WHOSE INDIVIDUAL

                    PIECES OF LEGISLATION HAVE HELPED CRAFT THIS INITIATIVE AND THIS BILL.  I

                    WANT TO THANK THE SPEAKER FOR HIS LEADERSHIP.

                                 I AM PROUD TO CAST MY VOTE IN THE AFFIRMATIVE FOR ALL

                    MY CONSTITUENTS IN THE 87TH AND ALL THE TENANTS IN NEW YORK STATE.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. REYES IN THE

                    AFFIRMATIVE.

                                 MS. SIMOTAS.

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

                    OPPORTUNITY TO EXPLAIN MY VOTE.  TODAY IS A DAY WHEN FAIRNESS HAS

                    PREVAILED.  IT IS A DAY WHEN UNSCRUPULOUS LANDLORDS CAN NO LONGER

                    GAME THE SYSTEM IN ORDER TO FORCE HARDWORKING FAMILIES FROM THEIR

                    HOMES WITH MCIS AND IAIS.  IT IS A DAY WHEN GREEDY LANDLORDS CAN NO

                    LONGER MANIPULATE THE SYSTEM AND FURTHER BENEFIT FROM THE TACTICS WITH

                    VACANCY DECONTROL.  IT IS A DAY WHEN BALANCE IS RESTORED TO THE

                    RELATIONSHIP BETWEEN LANDLORDS AND TENANTS.  A DAY WHERE PREFERENTIAL

                    RENTERS NO LONGER HAVE TO FEAR UNREASONABLE RENT STRIKE -- RENT SPIKES.

                    TODAY IS A DAY WHEN WE GRANT AGGRIEVED NEW YORK RENTERS A SUFFICIENT

                    AMOUNT OF TIME TO GO TO COURT AND FIGHT FOR THEIR JUSTICE.  AS MY GOOD

                    COLLEAGUE FROM THE 57TH ASSEMBLY DISTRICT FROM BROOKLYN STATED

                    EARLIER TODAY, TODAY IS A BEAUTIFUL DAY.  SANITY HAS FINALLY BEEN RESTORED

                                         177



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    TO OUR HOUSING LAWS.  I THANK THE SPEAKER, THE CHAIR OF THE HOUSING

                    COMMITTEE, THE STAFF AND ALL THOSE INVOLVED IN SHAPING THIS

                    MONUMENTAL LEGISLATION.  TODAY IS TRULY A DAY WHEN THIS LEGISLATURE

                    HAS IMPROVED THE LIVES OF OUR CONSTITUENTS.

                                 I PROUDLY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SIMOTAS IN THE

                    AFFIRMATIVE.

                                 MS. FERNANDEZ.

                                 MS. REYES:  THANK YOU, MR. SPEAKER.  BEFORE

                    BECOMING AN ELECTED OFFICIAL, I DID CONSTITUENT SERVICES IN THE GREATEST

                    80TH ASSEMBLY DISTRICT OF THE BRONX.  AND SO MANY TIMES, I HAD

                    CONSTITUENTS COME TO ME WITH PAPERS WITH THEIR -- WITH THEIR LEASES, IN

                    TEARS IN FEAR OF LOSING THEIR HOMES.  AND SO MANY TIMES I HAD TO LET

                    THEM WALK OUT OF MY OFFICE, HELPLESS WITH MY HANDS TIED WITH THE LAWS

                    THAT BE.  IT WAS SAD TO SEE THEM TO GO HOME WITH THE FEELING OF

                    CONTINUING BEING THREATENED, MISTREATING AND THE POSSIBILITY OF

                    HOMELESSNESS.  WHEN I WAS ELECTED, I MADE A PROMISE.  I MADE A

                    PROMISE THAT I WOULD FIGHT FOR THEM.  THAT I WOULD DO EVERYTHING RIGHT

                    EVERY CHANCE THAT I GOT.  AND I'M SO HAPPY THAT TODAY I CAN DO THE RIGHT

                    THING WHEN IT COMES TO THEIR HOUSING RIGHTS.  I'M GRATEFUL FOR THIS HONOR

                    TO BE A PART OF THIS HISTORIC MOVEMENT.  THANK YOU TO THE ADVOCATES, TO

                    MY CONSTITUENTS, FOR YOUR TIRELESS EFFORTS AND FOR REMINDING ME WHAT I

                    HAD TO DO.  THANK YOU TO OUR SPEAKER FOR YOUR LEADERSHIP IN BRINGING

                    THIS TO THE FLOOR, AND TO OUR CHAIR, AND FOR LISTENING TO OUR CRIES ON

                    BEHALF OF OUR CONSTITUENTS' CRIES.  AND THANK YOU TO THE SPONSORS OF THE

                                         178



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NINE BILLS THAT HELPED US GET TO THIS POINT TO PUT THIS BIG PIECE TOGETHER.

                                 THIS WILL CHANGE LIVES AND KEEP PEOPLE IN THEIR

                    HOMES.  AND FOR THOSE WHO SAY IT'S NOT PERFECT OR IT NEEDS TO BE WORKED

                    ON, YES, AND SO WHAT?  I WOULD RATHER MAKE THIS GIANT LEAP TOWARDS

                    DOING WHAT IS RIGHT THAN DO NOTHING AT ALL.  AND FOR THAT I PROUDLY VOTE

                    IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FAHY.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER, FOR ALLOWING

                    ME TO ABSTAIN WHILE I EXPLAIN MY VOTE.  AND I, TOO, RISE TODAY TO

                    COMMEND THE SPEAKER AS WELL AS THE -- THE COMMITTEE CHAIR FOR THE

                    WORK OVER THESE MONTHS, AND IT'S BEEN A BIT OF A GRUELING FEW MONTHS, I

                    MUST SAY.  I AM GOING TO MAINLY SPOKE -- FOCUS ON THE TENANT

                    PROTECTIONS HERE, BECAUSE RENT CONTROL COMPONENTS ARE PROBABLY NOT

                    GOING TO APPLY WITHIN MY DISTRICT.  BUT THE TENANT PROTECTIONS ARE REALLY

                    TRULY HISTORIC, AND WILL OFFER SOME TRUE STABILITY WITHOUT DISCOURAGING

                    DEVELOPMENT.  AND THIS IS A VERY DELICATE BALANCE, AND I THINK THAT WE

                    HAVE STRUCK THAT BALANCE RATHER WELL.  IT IS ABOUT BUILDING THE

                    NEIGHBORHOOD ECONOMICALLY AND PROTECTING ITS VITALITY, AT THE SAME

                    TIME PROTECTING LONG-TERM RESIDENTS AND THEIR NEEDS, PARTICULARLY THOSE

                    WHO ARE STRUGGLING TO AFFORD GROWING RENT INCREASES.  ALBANY HAS A

                    RATHER UNIQUE OR -- OR UNIQUE CHALLENGE, BUT A VERY SERIOUS CHALLENGE,

                    AND THAT IS THAT WE HAVE SOME BLOCKS THAT HAVE MORE RED XS ON THEM OR

                    VACANT HOMES THAN WE DO HOMES THAT ARE -- HOMES AND RENTAL PROPERTY

                    THAT IS OCCUPIED.  WE ALSO -- AT THE SAME TIME, WHILE WE ARE IN NEED OF

                    DEVELOPING THOSE, WE ALSO HAVE A NUMBER OF LANDLORDS TAKING

                                         179



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ADVANTAGE OF -- WHO HAVE TAKEN ADVANTAGE OF VULNERABLE TENANTS.  THIS

                    BILL BALANCES THOSE INTERESTS TO CREATE -- HELP CREATE A GROWING AND

                    STABLE COMMUNITY.  A COUPLE OF THINGS THAT I THINK HAVE BEEN VERY

                    SIGNIFICANT HERE IS THAT WE ARE LIMITING -- TENANT PROTECTIONS WILL REQUIRE

                    ONE MONTH -- NO MORE THAN A ONE-MONTH SECURITY DEPOSIT.  NO

                    RETALIATORY -- RETALIATORY EVICTIONS, MORE NOTICE FOR MONTH-TO-MONTH

                    RENTERS -- RENTALS OR TENANTS WHEN -- WHEN THEY ARE BEING EVICTED, AS

                    WELL AS MAKING UNLAWFUL EVICTIONS A CLASS A MISDEMEANOR.  THERE IS

                    MORE TO DO.  THERE'S ALWAYS MORE TO DO.  I LOOK FORWARD TO NEXT YEAR AS

                    WE FOCUS MORE ON CODE ENFORCEMENT, HELPING TO FUND IT AND

                    INCENTIVIZING AFFORDABLE HOUSING.

                                 AND WITH THAT, I VOTE IN THE AFFIRMATIVE.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MR. GOTTFRIED.

                                 MR. GOTTFRIED:  THANK YOU, MR. SPEAKER.  I'M --

                    I'M TEMPTED TO QUOTE CHARLIE RANGEL, WHO WOULD OCCASIONALLY SAY,

                    EVERYTHING'S BEEN SAID, BUT NOT EVERYONE HAS SAID IT.  THIS --

                                 (LAUGHTER)

                                 I GUESS I DID -- JUST DID QUOTE HIM.

                                 (LAUGHTER)

                                 THIS IS -- THIS IS SUCH A MAGNIFICENT DAY.  AND THIS IS

                    ABOUT AS SWEEPING AND MAGNIFICENT LEGISLATIVE PACKAGES I'VE SEEN ON

                    ALMOST ANY TOPIC.  THERE ARE THINGS THAT THIS BILL FIXES THAT I CAN

                                         180



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    REMEMBER THINKING OUGHT TO BE FIXED BACK WHEN I WAS KNOCKING ON

                    DOORS, ORGANIZING TENANTS A HALF A CENTURY AGO.  YOU KNOW, THINGS LIKE

                    THE -- THE -- THE VACANCY -- THE TURNOVER RENT INCREASE.  MAKING THE RENT

                    LAWS AVAILABLE TO MUNICIPALITIES ALL ACROSS THE STATE, AND A WHOLE HOST

                    OF OTHER THINGS.  OBVIOUSLY, A BIG THANK YOU TO -- TO SPEAKER HEASTIE

                    AND THE CHAIR CYMBROWITZ AND TO ALL OF US WHO HAVE HELPED TO MAKE

                    THIS HAPPEN AND ALL OF US OUTSIDE THE LEGISLATURE.  THIS IS CERTAINLY A

                    GRAND EXAMPLE OF HOW ELECTIONS DO HAVE CONSEQUENCES.  WE OFTEN SAY

                    THAT AS AN EXPRESSION OF SADNESS, BUT TODAY IT IS CERTAINLY, AS IT HAS BEEN

                    MANY TIMES THIS SESSION, A -- A CAUSE OF GREAT CELEBRATION AND I'M

                    DELIGHTED TO VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. GOTTFRIED IN THE

                    AFFIRMATIVE.

                                 MR. PERRY.

                                 MR. PERRY:  THANK YOU, MR. SPEAKER.  TODAY IS A

                    HISTORIC DAY.  I JOIN MY COLLEAGUES IN EXPRESSING GRATITUDE TO THE

                    LEADERSHIP OF OUR SPEAKER IN THIS HOUSE AND THE MAJORITY LEADER IN THE

                    HOUSE ACROSS THE STREET HERE.  TODAY, MR. SPEAKER, THE BAD LANDLORDS

                    WHO HAD A FIELD DAY FOR SO LONG, DEPRIVING TENANTS OF THEIR RIGHTS,

                    FREEZING THEM IN THE WINTER, NO HOT WATER, NO HEAT, HAVE FINALLY BEEN

                    PULLED OVER BY THE TENANTS PATROL.  MANY OF US RAN FOR OFFICE AND GOT

                    ELECTED.  WE DIDN'T KNOW WE WERE ENLISTED IN THE TENANT PATROL --

                    TENANTS RIGHT PATROL, BUT IT BECAME OUR DUTY.  AND FOR MANY YEARS WE

                    SAT THROUGH SESSION AFTER SESSION, KNOWING THAT SOMETHING HAD TO BE

                    DONE.  WE COULDN'T GET IT DONE BECAUSE IT COULDN'T PASS THE OTHER

                                         181



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HOUSE.  WELL, WHAT A DIFFERENCE HAVING REAL DEMOCRATS IN THE SENATE

                    MAKES TODAY.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  PLEASE.  PLEASE.

                    THANK YOU.

                                 MR. PERRY:  AND, MR. SPEAKER, I USUALLY CELEBRATE

                    GOOD FRIDAY EARLIER IN THE YEAR.  BUT TODAY IS GOOD FRIDAY FOR TENANTS

                    ALL AROUND NEW YORK.  I'M VERY PROUD TO VOTE FOR THIS, BE A PART OF THIS

                    HISTORIC DAY.  THIS HISTORIC PASSAGE OF LEGISLATION THAT WILL PROTECT NEW

                    YORK CITY'S TENANT -- NOT ONLY NEW YORK CITY, WHICH IS WHERE THE WAR

                    USUALLY OCCURS, BUT ACROSS THE STATE IN ANY MUNICIPALITY THAT ADOPTS IT.

                                 AND, MR. SPEAKER, THANK YOU FOR THE OPPORTUNITY TO

                    EXPLAIN MY VOTE AND TO CAST MY YES VOTE.

                                 ACTING SPEAKER AUBRY:  MR. PERRY IN THE

                    AFFIRMATIVE.

                                 MR. RODRIGUEZ.

                                 (PAUSE)

                                 MR. ABINANTI.

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

                    SUPPORT THIS LEGISLATION, BUT ALSO TO EXPLAIN SOME CONCERNS THAT I HAVE

                    ABOUT THE STATEWIDE PROVISIONS.  THIS DEBATE HAS HIGHLIGHTED A

                    SIGNIFICANT DIFFERENCE IN THE RESIDENTIAL MARKETS IN NEW YORK CITY AND

                    ELSEWHERE IN THE STATE.  I AM APPALLED TO HEAR THE HORROR STORIES OF THE

                    UNSCRUPULOUS LANDLORDS HARASSING TENANTS AND WORKING THE SYSTEM TO

                    MAXIMIZE PROFITS AT THE EXPENSE OF TENANTS IN NEW YORK CITY.  THE

                                         182



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    NEW YORK CITY TENANTS DESERVE THE PROTECTIONS THAT ARE IN THIS BILL.

                                 ON THE OTHER HAND, IN MY PART OF WESTCHESTER COUNTY,

                    THE PRESENT ETPA IS WORKING.  WE HAVE BEEN FORTUNATE TO NOT HEAR THE

                    SAME TYPES OF HARASSMENT AND COMPLAINTS.  AND THERE SEEMS TO BE A

                    BALANCE SO THAT THE MARKET IS WORKING IN WESTCHESTER COUNTY.  BUT MY

                    TENANTS DESERVE A RENEWAL, A CONTINUATION OF THE ETPA.

                                 BUT LASTLY, I AM CONCERNED ABOUT THE ADDITIONAL

                    BURDENS THAT THE STATEWIDE PROVISIONS WILL PLACE ON THOSE WHO OFFER TO

                    RENT THE UPSTAIRS APARTMENT, THEIR VACATION HOME, OR EVEN THEIR OWN

                    HOME WHEN THEY LEAVE TOWN FOR A BUSINESS TRIP, OR WHEN THEY GO ACROSS

                    COUNTRY DURING THE SUMMER AND WANT TO RENT THE HOUSE OUT TO A -- A

                    TRANSIENT.  THE STATEWIDE PROVISIONS WILL MAKE IT MUCH MORE DIFFICULT

                    IF THEY HAPPEN TO FIND AN UNSCRUPULOUS TENANT WHO WISHES TO GIVE THEM

                    GRIEF, NOT PAY THE -- THE RENT OR NOT MOVE OUT ON TIME.  BUT BY AND

                    LARGE, I THINK THIS IS A GOOD PIECE OF LEGISLATION.  I DO HOPE IN THE FUTURE

                    WE ADDRESS SOME OF THESE OTHER CONCERNS.  BUT I THINK THE NEW YORK

                    CITY TENANTS AND THE ETPA TENANTS IN WESTCHESTER COUNTY DESERVE A

                    CONTINUATION, AND SO I'M PLEASED TO VOTE FOR THIS LEGISLATION.

                                 ACTING SPEAKER AUBRY:  MR. ABINANTI IN THE

                    IN THE AFFIRMATIVE.

                                 MR. RYAN.

                                 MR. RYAN:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I WANTED TO ACKNOWLEDGE AND THANK

                    THE HOUSING CHAIR FOR HIS GREAT WORK ON THIS, BUT ALSO DIGGING IN TO

                    UNDERSTAND TRULY THE DIFFERENCES IN THE RENTAL MARKETS IN THE DIFFERENT

                                         183



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    PARTS OF THE STATE AND THE DIFFERENT TENANT PROTECTIONS NEEDED

                    THROUGHOUT THE STATE.  AND THANK YOU TO THE STAFF, TOO.

                                 THERE'S ONE SMALL PART OF THE BILL I WANTED TO

                    HIGHLIGHT, AND THAT'S THE CRIMINALIZATION OF ILLEGAL LOCKOUTS.  AN ILLEGAL

                    LOCKOUT IS WHEN YOU COME BACK HOME AFTER A DISPUTE WITH YOUR

                    LANDLORD YOU FIND A PADLOCK ON YOUR DOOR.  YOU ARE LITERALLY OUT IN THE

                    COLD, AND YOU COULD LOOK THROUGH THE WINDOW AND SEE MAYBE YOUR CAT,

                    ALL YOUR CHILDREN'S POSSESSIONS.  YOU CALL THE POLICE AND THE POLICE SAY

                    THEY ARE POWERLESS, THIS IS A CIVIL MATTER.  IF YOU NEED HELP, YOU HAVE TO

                    GO TO SMALL CLAIMS COURT.  WELL, THAT IS NO REAL REMEDY.  NEW YORK CITY

                    SOLVED THIS DECADES AGO BY AMENDING THEIR -- THEIR CIVIL AND CRIMINAL

                    CODE TO CRIMINALIZE THIS ACTION, AND TODAY THIS BILL WILL CRIMINALIZE THE

                    ACTION OF AN ILLEGAL LOCKOUT.  IT IS ONE SMALL PART OF THIS BILL, BUT IT WILL

                    SOLVE A LARGE PROBLEM FOR TENANTS ACROSS NEW YORK STATE.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. RYAN IN THE

                    AFFIRMATIVE.

                                 MS. SEAWRIGHT.

                                 MS. SEAWRIGHT:  THANK YOU, MR. SPEAKER.  ON

                    BEHALF OF MY CONSTITUENTS IN THE EVER-CHANGING NEIGHBORHOODS OF

                    MANHATTAN'S UPPER EAST SIDE, YORKVILLE AND ROOSEVELT ISLAND, I RISE IN

                    SUPPORT OF THIS HISTORIC LEGISLATION WHERE AFFORDABLE HOUSING IS THE

                    NUMBER ONE ISSUE.  NOT A SINGLE DAY GOES BY, THAT CONSTITUENTS DON'T

                    WALK INTO MY STOREFRONT OFFICE ON THE UPPER EAST SIDE AND TALK ABOUT A

                    LANDLORD THAT IS HARASSING THEM.  WE'RE RUNNING A FREE PRO BONO

                                         184



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    HOUSING CLINIC WITH A FREE ATTORNEY TO HELP THE CONSTITUENTS.

                                 SO TODAY IS A VERY SPECIAL DAY, AND I AM VERY PROUD TO

                    CAST MY VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. SEAWRIGHT IN THE

                    AFFIRMATIVE.

                                 MR. RODRIGUEZ.

                                 MR. RODRIGUEZ:  THANK YOU, MR. SPEAKER.  I WANT

                    TO TAKE THIS OPPORTUNITY TO -- TO SHED LIGHT ON THE ISSUE OF -- OF

                    IMPORTANCE, WHICH REALLY IS PRESERVING AFFORDABLE HOUSING.

                    REPRESENTING EAST HARLEM AND THE -- THE COMMUNITY THAT I REPRESENT,

                    AFFORDABLE HOUSING IS THE PRIMARY ISSUE, IS THE PRIMARY CONCERN.  AND

                    WHILE WE HAVE A SIGNIFICANT AMOUNT OF PUBLIC HOUSING - AND THAT'S

                    ALWAYS GOING TO REMAIN A PRIORITY - WE CAN'T AFFORD TO LOSE NOT ONE

                    SINGLE UNIT OF RENT-STABILIZED OR RENT-CONTROLLED APARTMENTS.  AND WHEN

                    WE TALK ABOUT THE CHANGES THAT ARE HAPPENING AROUND VACANCY

                    DECONTROL AND THE UNITS THAT HAVE ALREADY BEEN LOST, YOU KNOW, THIS IS

                    OUR WAY TO KIND OF STEM THE TIDE IN TERMS OF MAKING SURE THAT THERE

                    REMAIN AFFORDABLE UNITS, NOT JUST IN -- IN EAST HARLEM, BUT IN -- IN OTHER

                    COMMUNITIES THAT ARE FACING RAPIDLY GENTRIFYING FORCES AND CONDITIONS.

                                 SO THIS -- I'M PROUD TO PUT MY VOTE IN THE AFFIRMATIVE,

                    MOST IMPORTANTLY TO MAKE SURE THAT WE DO EVERYTHING THAT WE CAN TO

                    PRESERVE THE AFFORDABLE HOUSING STOCK THAT CURRENTLY EXISTS NOT JUST IN

                    MY COMMUNITY, BUT THROUGHOUT NEW YORK STATE.  AND I THINK THIS --

                    THIS BILL TAKES STEPS TOWARDS DOING THAT.  SO I PROUDLY CAST MY VOTE IN

                    THE AFFIRMATIVE.  AND AGAIN, THANK YOU TO THE SPEAKER AND TO THE CHAIR

                                         185



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    OF THE HOUSING COMMITTEE.

                                 ACTING SPEAKER AUBRY:  MR. RODRIGUEZ IN THE

                    AFFIRMATIVE.

                                 MR. CYMBROWITZ TO CLOSE.

                                 MR. CYMBROWITZ:  I WANTED TO TAKE THIS

                    OPPORTUNITY -- I HAD A STATEMENT READY, BUT WANTED TO THANK SO MANY

                    PEOPLE.  THE SPEAKER, WHO -- WHO SAID, I WANT TO HAVE THE ASSEMBLY DO

                    THE STRONGEST TENANT PROTECTIONS FOR ALL THE RESIDENTS OF NEW YORK

                    STATE.  HE SAID IT'S IMPORTANT TO ALL OF US AS A CONFERENCE.  AND I'M

                    THRILLED HE GAVE ME THAT OPPORTUNITY TO PRODUCE THIS PACKAGE, WHICH IS

                    OUTSTANDING AND HISTORIC.  I WANT TO THANK MY COLLEAGUES FROM THE

                    HOUSING COMMITTEE WHO HELPED MAKE THIS PACKAGE, MY COLLEAGUES

                    WHO PARTICIPATED IN THE TRAVELING ROAD SHOW WHO TRAVELED TO NEW YORK

                    CITY, ALBANY AND ROCHESTER WHERE WE HEARD TESTIMONY FROM PEOPLE

                    WHO WERE REALLY HURTING, WHO WERE ASKING US, BEGGING US TO HELP THEM.

                    AND I THINK WE DID THAT.  I ALSO WANT TO MENTION ALL THE DIFFERENT

                    ADVOCATES AND LANDLORDS THAT WE MET WITH.  WE MET WITH EVERYONE.

                    EVERY SINGLE STAKEHOLDER.  WHOEVER WANTED TO MEET, WE MET.  WE

                    WANTED TO HEAR FROM EVERYONE.

                                 LAST, THE STAFF.  THEY ARE THE BEST.  THEY ARE PEOPLE

                    WHO WOULD MEET -- HAVE MEETINGS AT ALL HOURS OF THE DAY.  I WOULD GET

                    PHONE CALLS AT ALL HOURS OF THE NIGHT.  AND IT WAS WORTH IT.  GIOVANNI

                    DID A GREAT JOB.  WE THANK YOU.

                                 (APPLAUSE)

                                 WE APOLOGIZE FOR THE ENGINE THAT YOU LEFT IN

                                         186



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    ROCHESTER.

                                 (LAUGHTER)

                                 BUT IT WAS ALL WORTH IT.  TO ALL MY COLLEAGUES, I THANK

                    YOU.  AND I PROUDLY VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ IN

                    THE AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL HAS PASSED.

                                 (APPLAUSE/CHEERS)

                                 THANK YOU.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MRS.

                    PEOPLES-STOKES.

                                 LADIES AND GENTLEMEN --

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER --

                                 ACTING SPEAKER AUBRY:  -- THANK YOU SO VERY

                    MUCH FOR ADHERING TO OUR RULES AND HOLDING DOWN YOUR COMMENTS.  WE

                    WOULD REALLY APPRECIATE IT.

                                 (APPLAUSE)

                                 TO ALL OF YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, WE NEED TO

                    ADVANCE THE A-CALENDAR.

                                 ACTING SPEAKER AUBRY:  ON MRS. PEOPLES-

                                         187



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES:  WE ALSO NEED TO CALL ON

                    MR. OTIS FOR AN ANNOUNCEMENT.

                                 ACTING SPEAKER AUBRY:  MR. OTIS FOR THE

                    PURPOSES OF AN ANNOUNCEMENT.

                                 MR. OTIS:  IT'S LATE AFTERNOON ON A FRIDAY, AND WHERE

                    WOULD YOU LIKE TO BE?  DEMOCRATIC CONFERENCE IN THE SPEAKER'S

                    CONFERENCE ROOM WHEN SESSION ENDS.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  DEMOCRATIC

                    CONFERENCE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY FOLLOWING

                    SESSION.

                                 MRS. PEOPLES-STOKES.

                                 MR. SPEAKER, DO WE HAVE ANY HOUSEKEEPING OR

                    RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  AND WE CERTAINLY DO

                    HAVE A LOT OF HOUSEKEEPING AND A NUMBER OF RESOLUTIONS.

                                 ON A MOTION BY MRS. GUNTHER, PAGE 12, RULES REPORT

                    NO. 147, BILL NO. 6260, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. PERRY, PAGE 29, RULES REPORT NO.

                    237, BILL NO. 1267-B, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. PERRY, PAGE 47, CALENDAR NO.

                    211, BILL NO. 34, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. SOLAGES, PAGE 49, CALENDAR NO.

                    228, BILL NO. 2317-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                         188



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 ON A MOTION BY MS. HUNTER, PAGE 65, CALENDAR NO.

                    493, BILL NO. 2880-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. ENGLEBRIGHT, PAGE 68, CALENDAR

                    NO. 528, BILL NO. 6295, AMENDMENTS WERE RECEIVED AND ADOPTED.

                                 ON BEHALF OF MS. WALKER, BILL NO. 6277, ASSEMBLY

                    BILL RECALLED FROM THE SENATE.  THE CLERK WILL READ THE TITLE OF THE BILL.

                                 THE CLERK:  AN ACT TO AMEND THE PRIVATE HOUSING

                    FINANCE LAW.

                                 ACTING SPEAKER AUBRY:  MOTION TO RECONSIDER

                    THE VOTE BY WHICH THE BILL PASSED THE HOUSE.  THE CLERK WILL RECORD THE

                    VOTE.

                                 (THE CLERK RECORDED THE VOTE.)

                                 THE CLERK WILL ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS BEFORE THE HOUSE, THE AMENDMENTS ARE

                    RECEIVED AND ADOPTED.

                                 WE HAVE A PRIVILEGED RESOLUTION BY MS. SOLAGES.  THE

                    CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 581, MS.

                    SOLAGES.

                                 LEGISLATIVE RESOLUTION COMMEMORATING JUNE 14TH,

                    2019 AS FLAG DAY.

                                 ACTING SPEAKER AUBRY:  MS. SOLAGES ON THE

                    RESOLUTION.

                                 MS. SOLAGES:  THANK YOU, MY COLLEAGUES, AND I

                                         189



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                    WILL BE BRIEF --

                                 ACTING SPEAKER AUBRY:  ONE MINUTE.

                                 WE'RE NOT FINISHED BUSINESS YET.

                                 GO, MICHAELLE.

                                 MS. SOLAGES:  THANK YOU, MY COLLEAGUES.  I'LL BE

                    VERY BRIEF.  THIS LEGISLATIVE BODY PAUSES TO JOYOUSLY COMMEMORATE

                    FLAG DAY, JUNE 14TH, 2019, FULLY CONFIDENT THAT SUCH COMMEMORATION

                    CLEARLY ILLUSTRATES THE IMPORTANCE OF THE AMERICAN FLAG.  AND SO IN THE

                    WORDS OF PRESIDENT WOODROW WILSON, THIS FLAG IN WHICH WE HONOR AND

                    UNDER WHICH WE SERVE IS AN EMBLEM OF OUR UNITY, OUR POWER, OUR

                    THOUGHT AND OUR PURPOSE AS A NATION.  AND IT IS NO OTHER CHARACTER THAT

                    WHICH WE GIVE IT TO -- TO EVERY GENERATION AFTER.  SO THE CHOICE IS OURS.

                    AND SO WE, AS AMERICANS, STAND FOR OUR FLAG AND WE SAY HAPPY FLAG

                    DAY.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN --

                                 MS. BUTTENSCHON ON THE RESOLUTION.

                                 MS. BUTTENSCHON:  TODAY IS FLAG DAY.  THIS

                    ANNUAL CELEBRATION, AS MY COLLEAGUE STATED, IS TO HONOR THE AMERICAN

                    FLAG AND INSPIRE US TO SHOW THAT SUPPORT IN VARIOUS WAYS.  ONE

                    OUTSTANDING EXAMPLE TODAY WAS WE WERE VISITED BY THE FOURTH-GRADE

                    CLASSES OF HART'S HILL SCHOOL IN WHITESBORO, NEW YORK.  THEY WERE

                    HERE TODAY ASKING QUESTIONS, ENGAGING WITH US.  SO, I SINCERELY

                    APPRECIATE THEM BEING HERE TODAY ON FLAG DAY TO SUPPORT US, AS WELL AS

                    THIS NATION.

                                         190



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, MR. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  BRIEFLY, I JUST

                    WANT TO THANK THE SPONSOR FOR PUTTING THIS RESOLUTION FORWARD.  YOU

                    KNOW, IT IS IMPORTANT THAT WE -- WE COMMEMORATE FLAG DAY IN TERMS OF

                    JUST WHAT OUR FLAG STANDS FOR THROUGHOUT OUR HISTORY AS A NATION.  AND

                    YOU KNOW, IT'S GREAT TO SEE, YOU KNOW, WHETHER IT'S SCHOOL CHILDREN THAT

                    -- THAT VISIT US -- AND ONE OF MY FAVORITE THINGS IN THIS CHAMBER IS

                    WHEN WE HAVE A SCHOOL GROUP HERE WHEN THEY DO THE PLEDGE, BECAUSE

                    THEY DO IT SO LOUD AND -- AND ENTHUSIASTICALLY.  OR IT'S THOSE JUST

                    INCREDIBLE VETERANS WHO VISITED US EARLIER TODAY IN THE CHAMBER.  IT'S

                    FITTING THAT WE TAKE THIS OPPORTUNITY TO RECOGNIZE FLAG DAY AND SALUTE

                    OUR FLAG AND THE HISTORY OF THIS NATION AND ALL OF THOSE WHO HAVE

                    SACRIFICED SO MUCH TO GET US TO WHERE WE ARE TODAY.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTION IS ADOPTED.

                                 WE HAVE SIMILAR OTHER RESOLUTIONS.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 576-580 AND

                    582-584 WERE UNANIMOUSLY ADOPTED.)

                                 MRS. PEOPLES-STOKES.

                                         191



                    NYS ASSEMBLY                                                       JUNE 14, 2019

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I NOW

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL SATURDAY, JUNE THE 15TH,

                    TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE ON JUNE THE

                    17TH, MONDAY, AT 11:30 FOR A CONFERENCE FOR MAJORITY MEMBERS, AND

                    12:00 NOON SESSION ON MONDAY, BEING A SESSION DAY.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY --

                                 MRS. PEOPLES-STOKES:  SHOULD I REPEAT THAT, MR.

                    SPEAKER?

                                 ACTING SPEAKER AUBRY:  WELL, I THINK WE

                    NEED TO REPEAT IT, BECAUSE PEOPLE WILL HAVE TO LISTEN.

                                 MRS. PEOPLES-STOKES:  SO, WE ARE GOING TO

                    RECONVENE ON JUNE THE 17TH, MONDAY BEING A SESSION DAY.  FOR

                    MAJORITY MEMBERS, THAT IS 11:30 FOR A CONFERENCE.  AND FOR THE ENTIRE

                    MEMBERS, IT'S THE 12:00 P.M. SESSION, MONDAY, JUNE THE 17TH.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    ADJOURNED UNTIL MONDAY, JUNE 17TH.

                                 (WHEREUPON, AT 4:35 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL SATURDAY, JUNE 15TH, SATURDAY BEING A LEGISLATIVE DAY,

                    AND TO RECONVENE ON MONDAY, JUNE 17TH AT 12:00 P.M., THAT BEING A

                    SESSION DAY.)











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