MONDAY, MAY 3, 2021 2:01 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

THE REVEREND DR. WENTON FYNE WILL OFFER A PRAYER.

REVEREND DR. WENTON FYNE: OUR LOVING

GOD AND PRESERVER OF LIFE, WE THANK YOU FOR THE LIBERTY AND FREEDOM

THAT YOU HAVE GRANTED US TO LIVE IN A FREE COUNTRY. TODAY WE LIFT UP

OUR LEADERS TO YOU AT THE FEDERAL, STATE, AND LOCAL LEVEL OF GOVERNMENT.

WE PRAY THAT YOU WOULD GRANT THEM WISDOM, HEAVENLY FATHER,

KNOWLEDGE AND UNDERSTANDING AS THEY WORK ON BEHALF OF YOUR PEOPLE.

WE LIFT UP BEFORE YOU THE ASSEMBLY, IN PARTICULAR, AS THEY DELIBERATE

ON BEHALF OF YOUR PEOPLE TODAY. THESE ARE EXTREMELY DIFFICULT TIMES,

CHALLENGING DAYS, FIGHTING THIS PANDEMIC AND ITS EFFECT ON ALL OF US,

PSYCHOLOGICALLY, SOCIALLY, EMOTIONALLY, ECONOMICALLY, AND

NYS ASSEMBLY MAY 3, 2021

PSYCHOLOGICALLY. WE PRAY TODAY, GRACIOUS GOD, FOR YOUR WISDOM AND

YOUR -- AND YOUR INSIGHT AS THESE LEADERS WORK DILIGENTLY ON BEHALF OF

YOUR PEOPLE IN THE ASSEMBLY. WE PRAY, FATHER GOD, THAT THERE WILL BE

AN END TO GUN VIOLENCE AND ALL FORM OF VIOLENCE, THAT YOU WILL ROOT OUT

SYSTEMIC RACISM FROM OUR SOCIETY AND OUR WORLD AT-LARGE. O, GOD,

TODAY WE LIFT UP THE PEOPLE OF INDIA BEFORE YOU WHO SEEM TO BE

OVERCOME BY THIS PANDEMIC. WE PRAY FOR THEIR LEADERS AND WE PRAY

THAT NEEDED HELP WILL BE GIVEN TO THEM. WE ALSO REFLECT TODAY, LORD,

ON THE PEOPLE OF ST. VINCENT AND THE GRENADINES, FIGHTING A VOLCANO

THAT SEEMS TO BE POPPING UP EVERY DAY. WE PRAY FOR STRENGTH AS WELL.

O GRACIOUS GOD, GRANT YOUR STRENGTH TO THE SPEAKER

OF THE ASSEMBLY TODAY, TO ALL MEMBERS OF THIS GREAT BODY AS THEY WORK

ON BEHALF OF ALL PEOPLE. WE PRAY LORD FOR THE LEADER OF THE 43RD

DISTRICT HERE IN BROOKLYN WHO IS A TIRELESS WORKER ON BEHALF OF ALL OF

US, THAT YOU WOULD ALSO GRANT HER STRENGTH TODAY, HEAVENLY FATHER.

WE COME TO YOU LORD, AND WE LEAVE EVERYTHING IN YOUR GRACIOUS

HANDS AS WE RISE EACH DAY TO LIVE OUT OUR PURPOSE AND DO THOSE THINGS

THAT YOU HAVE ENABLED US TO DO THROUGH YOUR GRACE. WE PRAY THESE

THINGS IN YOUR MIGHTY ALL-CONQUERING NAME, AMEN.

ACTING SPEAKER AUBRY: AMEN.

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

NYS ASSEMBLY MAY 3, 2021

JOURNAL OF SUNDAY, MAY 2ND.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, I MOVE TO DISPENSE

WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MAY 2ND AND ASK

THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, AS IS THE MAJORITY

LEADER'S -- PEOPLES-STOKES' CUSTOM, I'D LIKE TO BEGIN WITH A QUOTE.

NEVER DOUBT THAT A SMALL GROUP OF THOUGHTFUL, COMMITTED CITIZENS CAN

CHANGE THE WORLD; INDEED, IT'S THE ONLY THING THAT EVER HAS, BY

MARGARET MEAD. MARGARET MEAD WAS AN AMERICAN CULTURAL

ANTHROPOLOGIST WHO FEATURED FREQUENTLY AS AN AUTHOR AND SPEAKER IN THE

MASS MEDIA DURING THE 1960S AND '70S.

MAY I HAVE THE ATTENTION OF THE MEMBERS TODAY SO THAT

WE CAN ANNOUNCE THE SCHEDULE? I WOULD LIKE TO REMIND MEMBERS THAT

TODAY IS THE FIRST SESSION DAY OF THE 18TH WEEK OF THE 244TH LEGISLATIVE

SESSION. MEMBERS HAVE ON THEIR DESKS A MAIN CALENDAR WITH 48 NEW

BILLS, BEGINNING ON PAGE 5, CALENDAR NO. 232 THROUGH PAGE 13,

CALENDAR NO. 279. AFTER INTRODUCTIONS AND HOUSEKEEPING, WE WILL TAKE

UP RESOLUTIONS ON PAGE 3. OUR PRINCIPAL WORK OF THE DAY WILL BE TO

TAKE UP THE FOLLOWING TWO BILLS ON DEBATE: RULES REPORT NO. 63 BY MR.

BRONSON AND RULES REPORT NO. 64 BY MR. DINOWITZ. MEMBERS SHOULD

BE AWARE THAT AT THE CONCLUSION OF OUR DAY, THE MINORITY WILL BE

NYS ASSEMBLY MAY 3, 2021

OFFERING UP A MOTION TO DISCHARGE.

WITH THAT AS A GENERAL OUTLINE, IF THERE ARE ANY

INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE TIME.

ACTING SPEAKER AUBRY: CERTAINLY, MS.

HYNDMAN. WE DO HAVE A PIECE OF HOUSEKEEPING.

ON A MOTION BY MR. MCDONALD, PAGE 8, CALENDAR NO.

251, BILL NO. A3201, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

AND FOR THE PURPOSES OF AN INTRODUCTION, MS.

RICHARDSON.

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

PERMITTING ME TO INTRODUCE REVEREND DR. WENTON FYNE FROM THE

BEULAH CHURCH OF THE NAZARENE IN THE MIGHTY 43RD ASSEMBLY DISTRICT.

I AM SO HUMBLED THAT HE COULD OFFER THAT MEANINGFUL PRAYER TODAY. DR.

WENTON FYNE HAS BEEN THE PASTOR OF BEULAH CHURCH OF THE NAZARENE

SINCE 2000. PRIOR TO THIS, HE PASTORED SEVERAL NAZARENE CHURCHES

WITHIN THE JAMAICA, WEST INDIES, AND FOUNDED THE MINERAL HEIGHTS

CHURCH OF THE NAZARENE, ALONG WITH HIS WIFE, DR. OLGA FYNE. DR. FYNE

IS A VISIONARY WHO TRULY REALLY EMBRACES THE PHILOSOPHY OF A CHURCH

WITHOUT WALLS, SPREADING OVER INTO THE COMMUNITY AND MINISTERING TO

PEOPLE WHERE THEY ARE AT, THE TRUE ESSENCE OF A LEADER. SO ON BEHALF OF

ALL THE RESIDENTS OF THE MIGHTY 43RD ASSEMBLY DISTRICT, MY COLLEAGUES

HERE TODAY AND ITS LEADERSHIP, WE WELCOME DR. WENTON FYNE AND I ASK

THAT YOU PLEASE EXTEND TO HIM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. RICHARDSON, THE SPEAKER AND ALL THE MEMBERS, DR. FYNE, WE

NYS ASSEMBLY MAY 3, 2021

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

PRIVILEGES OF THE FLOOR, HOPE THAT YOU WILL COME BACK AND VISIT US, AND

ENCOURAGE YOU TO CONTINUE THE WONDERFUL WORK THAT YOU ARE DOING IN

YOUR CHURCH AND IN YOUR COMMUNITY. THANK YOU SO VERY MUCH FOR

SHARING WITH US TODAY.

(APPLAUSE)

PAGE 3, ASSEMBLY NO. 221, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 221, MS.

SEAWRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 31ST, 2021, AS TRANSGENDER

DAY OF VISIBILITY IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 222, MR.

SAYEGH.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021, AS ARAB AMERICAN

HERITAGE MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. SAYEGH ON THE

RESOLUTION.

MR. SAYEGH: THANK YOU VERY MUCH, MR. SPEAKER,

ON THE RESOLUTION. I AM PROUD TODAY TO SPONSOR THIS RESOLUTION

COMMEMORATING APRIL 2021 AS ARAB AMERICAN HERITAGE DAY IN THE

NYS ASSEMBLY MAY 3, 2021

STATE OF NEW YORK. AS A PROUD JORDANIAN AMERICAN, I IMMIGRATED TO

THE UNITED STATES IN 1957. I WAS JUST THREE YEARS OLD AND REALLY CAME

HERE -- LEARNED OF MY PARENTS' WISHES TO COME TO AMERICA TO ACHIEVE

THE AMERICAN DREAM. WE MEMORIALIZE GOVERNOR ANDREW CUOMO TO

PROCLAIM APRIL 21ST [SIC] AS ARAB AMERICAN HERITAGE MONTH IN THE

STATE OF NEW YORK, AND THIS IS IN CONJUNCTION WITH THE OBSERVANCE OF

NATIONAL ARAB AMERICAN HERITAGE MONTH. AND FOR OVER A CENTURY,

ARAB AMERICANS HAVE BEEN MAKING VALUABLE CONTRIBUTIONS IN EVERY

ASPECT OF AMERICAN SOCIETY: IN MEDICINE, LAW, BUSINESS, TECHNOLOGY,

CIVIC ENGAGEMENT, GOVERNMENT, AND CULTURE. AND SINCE MIGRATING TO

AMERICA, PEOPLE OF ARAB DESCENT HAVE SHARED THEIR RICH CULTURE AND

TRADITIONS WITH NEIGHBORS AND FRIENDS WHILE ALSO SETTING FINE EXAMPLE

OF MODEL CITIZENSHIP AND PUBLIC SERVICE.

AND WHEREAS, ARAB AMERICANS HAVE BROUGHT WITH

THEM TO AMERICA THEIR RESILIENT FAMILY VALUES, STRONG WORK ETHICS,

DEDICATION TO EDUCATION AND DIVERSITY IN FAITH AND CREED THAT HAVE

ADDED STRENGTH TO OUR DEMOCRACY. AND WRITER AMEEN RIHANI'S 1911

MASTERPIECE, THE BOOK OF KHALID, THE FIRST ARAB AMERICAN NOVEL, IS AN

IMPORTANT RECORD OF ARAB IMMIGRATION TO LITTLE SYRIA COMMUNITY OF

LOWER MANHATTAN HERE IN NEW YORK AND TODAY IS A PAUSIBLE --

POWERFUL EXAMPLE OF THE POTENTIAL OF THE U.S. STRENGTHENING TIES WITH

THE ARAB WORLD. AND ALSO, ARAB AMERICAN POET KAHLIL GIBRAN'S

MASTERPIECE, THE PROFIT, WAS A TRANSFORMATIVE PIECE OF LITERATURE WITH

OVER 100 TRANSLATIONS, MAKING IT ONE OF THE WORLD'S MOST TRANSLATED

BOOKS IN HISTORY, AND ITS FOCUS, ESPECIALLY ON FIGHTING DISCRIMINATION

NYS ASSEMBLY MAY 3, 2021

AND ENCOURAGING INCLUSION AND UNDERSTANDING OF ALL PEOPLE, ISSUES THAT

CONFRONT OUR NATION TODAY. AND THE FIRST ARABIC SPEAKER TO COME TO

NORTH AMERICA, ZAMMOURI, ARRIVED AS AN ENSLAVED PERSON FROM

MOROCCO IN 1528 AND WAS AN IMPORTANT EXPLORER OF THE PRESENT DAY

AMERICAN SOUTHWEST.

ARAB -- ARAB AMERICANS CAME FROM THE ARAB WORLD

TO THE U.S. TO ACHIEVE THE AMERICAN DREAM, AND THEY HELPED US GROW

OUR STATE AND NATION WITH BUSINESSES AND ACCOMPLISHMENTS. TODAY IT

IS ESTIMATED THAT OVER 3.7 MILLION ARAB AMERICANS LIVE IN THE U.S.,

WITH OVER 200,000 HERE IN OUR STATE OF NEW YORK. AND ACCORDING TO

THE CENSUS BUREAU, ARABIC IS ONE OF THE FASTEST GROWING LANGUAGES IN

THE UNITED STATES. AND THERE IS A NEED FOR PUBLIC EDUCATION AND

AWARENESS AND POLICIES THAT ARE CULTURALLY COMPETENT WHEN DESCRIBING,

DISCUSSING OR ADDRESSING THE IMPACT OF BEING AN ARAB AMERICAN IN ALL

ASPECTS OF AMERICAN SOCIETY, INCLUDING DISCOURSE AND POLICY. AND THE

CONTRIBUTIONS TO WESTERN CIVILIZATION AND ESPECIALLY TO OUR NATION AND

STATE BY ARAB AMERICANS TO HELP US BUILD A BETTER NATION AND WORLD IS

-- IS VERY OBVIOUS.

AND I'D LIKE TO DEDICATE THIS RESOLUTION TO MY MOTHER,

JALILAH SAYEGH, WHO PASSED AWAY AT THE AGE OF 90 YEARS OLD LAST APRIL

DURING THE MIDST OF COVID-19. SHE RAISED EIGHT CHILDREN. MY FATHER

DIED AS A YOUNG MAN IN 1965 AND SHE MADE SURE THAT ALL OF HER CHILDREN

WERE SUCCESSFUL IN THE FIELDS OF MEDICINE, EDUCATION, AND LAW. SO I

COMMEND HER AND HER LEGACY AND COMMEND ALL ARAB AMERICANS WHO

HAVE HAD A POSITIVE CONTRIBUTIONS AND WHO CONTINUE TO MAKE AMERICA

NYS ASSEMBLY MAY 3, 2021

THE HAVEN OF NOT ONLY SAFETY, ECONOMIC DEVELOPMENT, AND SUCCESS. SO

THANK YOU VERY MUCH TO MY COLLEAGUES, TO THE SPEAKER FOR THIS

OPPORTUNITY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 223, MR.

DESTEFANO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021, AS BULLYING PREVENTION

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION,

MR. DESTEFANO.

MR. DESTEFANO: THANK YOU, MR. SPEAKER, FOR THE

OPPORTUNITY TO TALK ABOUT THIS RESOLUTION, VERY TIMELY AND IMPORTANT.

NEARLY 30 PERCENT OF ALL STUDENTS IN OUR COUNTRY ARE EITHER BULLIES OR

VICTIMS OF BULLYING. ONE HUNDRED AND SIXTY THOUSAND YOUNG PEOPLE

ARE THOUGHT TO STAY HOME FROM SCHOOL EACH AND EVERY DAY BECAUSE OF

THE FEAR OF GETTING BULLIED. BULLYING IS COMPRISED OF DIRECT BEHAVIORS

SUCH AS TEASING, TAUNTING, THREATENING, HITTING, STEALING, AS WELL AS

INDIRECT ACTIONS SUCH AS SPREADING RUMORS, INTENTIONAL EXCLUSION, AND

CAUSING SOCIAL ISOLATION, ALL OF WHICH AMOUNT TO PHYSICAL AND

PSYCHOLOGICAL INTIMIDATION, HARASSMENT, AND ABUSE. PEOPLE WHO BULLY

OTHERS ARE AT INCREASED RISK FOR SUBSTANCE ABUSE, ACADEMIC PROBLEMS,

AND VIOLENCE BOTH IN ADOLESCENCE AND IN ADULTHOOD.

NYS ASSEMBLY MAY 3, 2021

IN ADDITION, THOSE WHO STANDBY PASSIVELY WATCHING

AND ENCOURAGE BULLYING ARE ALSO AFFECTED BY THESE HOSTILE ACTS. ON THE

OTHER HAND, INDIVIDUALS WHO CHOOSE TO PRACTICE UNSELFISH GENEROSITY

AND WHO ARE LED BY EXAMPLE TEND TO LEAVE A TRAIL OF POSITIVE FEELINGS IN

THEIR WAKE. THEREFORE, IT IS IMPERATIVE THAT THERE BE CONTINUED PUBLIC

AWARENESS OF ALL THE SERIOUS ISSUES OF BULLYING AND ENCOURAGE NEW

YORKERS TO PRACTICE KINDNESS TOWARD ALL PEOPLE. THIS IS WHY I'M

THROWING MY WHOLEHEARTED SUPPORT BEHIND THIS RESOLUTION DECLARING

APRIL AS BULLY -- BULLYING PREVENTION MONTH IN THE STATE OF NEW

YORK, AND I URGE MY COLLEAGUES TO DO THE SAME. BY PROMOTING

KINDNESS AND CARING, WE CAN CREATE A BETTER ENVIRONMENT FOR OUR

CHILDREN AND MAKE OUR STATE A BETTER AND SAFER PLACE FOR ALL NEW

YORKERS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

FIRST OF ALL, I WANT TO THANK THE SPONSOR, MY COLLEAGUE AND FRIEND JOE

DESTEFANO, FOR BRINGING THIS RESOLUTION FORWARD. HAVING BEEN THROUGH

THIS WITH MY FAMILY, A YOUNG MAN AND A YOUNG LADY AND SEEING WHAT

BULLYING DOES AND HOW THEY -- HOW THEY DEAL WITH BULLYING IN SCHOOLS

AND, UNFORTUNATELY, IN TODAY'S SOCIETY WITH SO MUCH SOCIAL MEDIA AND

OUR CELL PHONES THAT IT JUST NEVER SEEMS TO STOP. AND, YOU KNOW, AS I

LOOK AT THE RESULTS OF THESE TWO INDIVIDUALS, ONE DEALT WITH IT

PHYSICALLY, ONE DEALT WITH IT MENTALLY, AND EITHER POSITION THEY WERE

BOTH HURT LONG-TERM. SO AGAIN, I WANTED TO THANK THE SPONSOR FOR THIS

NYS ASSEMBLY MAY 3, 2021

RESOLUTION AND I ENCOURAGE EVERYONE TO SUPPORT THIS BECAUSE IT STILL IS A

HUGE ISSUE IN OUR SCHOOLS. THANK YOU.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR -- OH, I'M SORRY. MR. REILLY, I DIDN'T SEE YOUR NAME, SIR.

MR. REILLY: THANK YOU, MR. SPEAKER. I JUST WANT

TO TOUCH ON THE RESOLUTION AND THANK MY COLLEAGUE FOR INTRODUCING THIS

RESOLUTION TO MEMORIALIZE AND PROCLAIM APRIL 2021 BULLYING

PREVENTION MONTH. I THINK ABOUT THE TIMES THAT I HAVE BEEN ABLE TO

VISIT SCHOOLS AND TALK ABOUT CYBER-BULLYING AND DIGITAL CITIZENSHIP AND

ALL THE INTERACTIONS I'VE HAD WITH STUDENTS. AND THEY TRULY ARE

REMARKABLE THAT WE ARE ABLE TO SHARE AND MAKE AWARENESS AND BRING

AWARENESS TO IMPROVE THEIR OUTCOMES, AND THIS IS SOMETHING THAT I

THINK WILL DEFINITELY HELP MOVE US FORWARD. AND, ONCE AGAIN, I JUST

WANT TO COMMEND THE SPONSOR FOR THIS RESOLUTION. 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.

THE CLERK: ASSEMBLY RESOLUTION NO. 224, MR.

TANNOUSIS.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM APRIL 2021, AS PARKINSON'S DISEASE

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

NYS ASSEMBLY MAY 3, 2021

THE CLERK: ASSEMBLY RESOLUTION NO. 225, MR.

LAVINE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 3, 2021, AS PRESS FREEDOM DAY

IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF

WORLD PRESS FREEDOM DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 226, MR.

MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2021, AS NEUROFIBROMATOSIS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 227, MRS.

BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MAY 2-8, 2021, AS COMPOST

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MRS. BARRETT ON THE

RESOLUTION.

MRS. BARRETT: THANK YOU, MR. SPEAKER. IT WAS

NYS ASSEMBLY MAY 3, 2021

IN 1939 THAT ELEANOR ROOSEVELT, WHO LIVED HER ADULT LIFE AND IS BURIED

IN MY ASSEMBLY DISTRICT, AND WHOSE WORDS FROM DECADES PASSED

ALWAYS SEEM TO BE TIMELY AND WISE. SHE WROTE IN 1939 IN HER MY DAY

COLUMN, QUOTE, "STRANGE THAT PEOPLE WILL NOT REALIZE THAT LACK OF SOIL

CONSERVATION EVENTUALLY MEANS NOT ONLY LOSS IN LAND PRODUCTIVITY, BUT

DETERIORATION IN HUMAN BEINGS." A MULTITUDE OF ORGANIZATIONS,

FOUNDATIONS, AND COUNTRIES HAVE DECLARED THE FIRST WEEK OF MAY AS

ANNUAL INTERNATIONAL COMPOST AWARENESS WEEK, AND I ASK YOU TO JOIN

ME IN SUPPORTING THIS RESOLUTION IN MAKING NEW YORK STATE A PART OF

THIS GLOBAL EFFORT.

COMPOSTING IS A HIGHLY EFFECTIVE FORM OF WASTE

REDUCTION, WHICH RETURNS ORGANIC RESOURCES TO SOIL, CONSERVES WATER,

DECREASES EROSION, AND REDUCES THE DEPENDENCE ON CHEMICAL FERTILIZERS.

MATERIALS SUCH AS YARD TRIMMINGS, BIOSOLIDS, VEGETABLE CUTTINGS, FOOD

SCRAPS AND MANURE CAN ALL BE CONVERTED INTO THE BENEFICIAL PRODUCT

KNOWN AS COMPOST. MOREOVER, COMPOSTING HAS PROVEN TO RETURN

NUTRIENTS TO SOIL, HELP CAPTURE CARBON FROM THE ATMOSPHERE AND PROVIDE

CLEAR -- CLEAN AIR. COMPOSTING CAN BE DONE ON A HOUSEHOLD, A

MUNICIPALITY, AN APARTMENT BUILDING OR AN INDUSTRIOUS SCALE, AMONGST

OTHER WAYS.

THE MAJORITY OF WASTED FOOD IN THE UNITED STATES IS

DISPOSED IN LANDFILLS. THESE HAVE A DAMAGING IMPACT ON OUR

ENVIRONMENT BECAUSE TOO OFTEN, THIS WASTED FOOD RELEASES METHANE, UP

TO 15 PERCENT OF OUR NATION'S METHANE, A GREENHOUSE GAS THAT WE ALL

KNOW IS A MAJOR CONTRIBUTOR TO CLIMATE WARMING AND COMES FROM THESE

NYS ASSEMBLY MAY 3, 2021

LANDFILLS. INSTITUTING COMPOSTING MEASURES AND POLICIES CAN SUPPORT

HEALTHY SOILS, MAINTAIN CLEAN WATER, MITIGATE CLIMATE CHANGE AND

DIMINISH OUR LANDFILLS, AS WELL AS CREATE NEW JOBS AND ENHANCE THE

INFRASTRUCTURE OF OUR CITIES. COMPOSTING IS AN EFFICIENT AND PROACTIVE

TACTIC THAT CAN HELP REACH OUR CLIMATE GOALS AND SUPPORT OUR GREEN

POLICIES WHILE WORKING WITH OUR COMMUNITIES, OUR FARMS, OUR FORESTS,

AND OUR OTHER WORKING LANDS.

INDEED, COMPOSTING DIRECTLY BENEFITS THE CLIMATE IN A

NUMBER OF WAYS BY REDUCING GREENHOUSE GAS EMISSIONS AT LANDFILLS, BY

CAPTURING CARBON FROM THE AIR WHERE IT IS TOXIC AND BY STORING IT IN OUR

SOILS WHERE IT IS INCREASING PRODUCTIVITY AND MAKING OUR LANDS AND

GARDENS MORE RESILIENT TO THE EFFECTS OF CLIMATE CHANGE, AND THERE ARE

NO TAXES, NO FEES, AND NO OFFSETS REQUIRED. THANK YOU FOR YOUR INTEREST

AND YOUR ATTENTION.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

WE WILL GO TO PAGE 14, RULES REPORT NO. 63, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07127, RULES REPORT

NO. 63, BRONSON, OTIS, BARRON. AN ACT TO AMEND A CHAPTER OF THE LAWS

OF 2021 RELATING TO ESTABLISHING THE "COVID-19 EMERGENCY PROTECT

OUR SMALL BUSINESSES ACT OF 2021," IN RELATION TO PROVIDING FOR

CERTAIN COMMERCIAL SMALL BUSINESSES TO BE ELIGIBLE FOR RELIEF UNDER THE

"COVID-19 EMERGENCY PROTECT OUR SMALL BUSINESSES ACT OF 2021."

NYS ASSEMBLY MAY 3, 2021

ACTING SPEAKER AUBRY: AN EXPLANATION IS --

HAS BEEN REQUESTED, MR. BRONSON.

MR. BRONSON: YES, MR. SPEAKER. THIS BILL IS A

CHAPTER AMENDMENT TO ASSEMBLY 3207, WHICH WAS SIGNED INTO LAW BY

THE GOVERNOR ON MARCH 9, 2021. THE CHAPTER AMENDMENTS WERE

NEGOTIATED WHILE THE GOVERNOR WAS REVIEWING THIS PARTICULAR BILL, AND

UNDER THE PREVIOUS VERSION, IT EXPANDED LIMITATIONS ON RESIDENTIAL

EVICTIONS, MORTGAGE FORECLOSURES TO INCLUDE SMALL BUSINESSES

EMPLOYING 50 OR FEWER EMPLOYEES. THE AMENDMENT IN THE CHAPTER

THAT WE'RE DEALING WITH TODAY WOULD CHANGE THE DEFINITION OF "SMALL

BUSINESS" FOR THIS PURPOSE, AND IT WOULD BE BUSINESSES THAT EMPLOY UP

TO 100 INDIVIDUAL EMPLOYEES. IN ADDITION, A BUSINESS WOULD ALSO BE

COVERED IF IT HAD UP TO 500 EMPLOYEES AND THE BUSINESS WAS SHUT DOWN

BY EXECUTIVE ORDER OR DEPARTMENT OF HEALTH DIRECTIVE FOR TWO WEEKS

OR MORE DURING THE PERIOD BETWEEN MAY 15, 2020 AND MAY 1, 2021.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. GOODELL: THANK YOU, MR. BRONSON. I

UNDERSTAND THIS BILL APPLIES TO MORTGAGE FORECLOSURES, TAX FORECLOSURES,

NYS ASSEMBLY MAY 3, 2021

AND IS THERE ANYTHING ELSE IT APPLIES TO OTHER THAN THOSE TWO?

MR. BRONSON: EVICTIONS ON LEASES WOULD BE A

MORATORIUM, AS WELL.

MR. GOODELL: AND ON THE -- ON THE TAX

FORECLOSURE, IS THIS AN AUTOMATIC MORATORIUM OR DOES IT JUST AUTHORIZE

THE LOCAL GOVERNMENT TO AVOID A TAX FORECLOSURE?

MR. BRONSON: ALL THOSE ISSUES WERE ADDRESSED

UNDER THE ORIGINAL BILL. WE'VE NOT CHANGED THOSE AT ALL. THE ONLY

CHANGE HERE IS THE NUMBER OF EMPLOYEES THAT WOULD BE ALLOWED IN

ORDER FOR A BUSINESS TO BE INCLUDED. AS I INDICATED EARLIER, THE OTHER

PROVISIONS ALL REMAIN THE SAME.

MR. GOODELL: AND I APPRECIATE THAT. COULD YOU

REFRESH MY RECOLLECTION, DOES THIS REQUIRE MUNICIPALITIES TO WAIVE TAX

FORECLOSURE OR DOES IT MERELY AUTHORIZE THEM? THE ORIGINAL AS

AMENDED.

MR. BRONSON: THE ORIGINAL I BELIEVE AUTHORIZES,

BUT IT WOULD NOT PERMIT LOCALITIES FOR GOING THROUGH WITH THOSE TAX

FORECLOSURES.

MR. GOODELL: THANK YOU. I HAD A COUPLE OTHER

QUESTIONS AND, AGAIN, THEY MAY RELATE TO THE ORIGINAL IN WHICH CASE I

APPRECIATE YOU ACCOMMODATING ME BY REMINDING ME. THIS HAS

VARIOUS STANDARDS THAT HAVE TO BE MET, AND THIS I BELIEVE IS PART OF THE

NEW BILL, THAT REQUIRES THAT THE BUSINESS CERTIFIED THAT IT'S A RESIDENT OF

THE STATE OF NEW YORK, INDEPENDENTLY OWNED AND OPERATED, NOT

DOMINANT IN THE FIELD AND HAS 100 OR FEWER PERSONS OR HAS UNDER 500

NYS ASSEMBLY MAY 3, 2021

AND WAS CLOSED FOR TWO OR MORE WEEKS, CORRECT?

MR. BRONSON: THAT'S CORRECT.

MR. GOODELL: WHAT'S MEANT BY "INDEPENDENTLY

OWN AND OPERATED?" IN PARTICULAR, WE MAY HAVE AN INSURANCE AGENCY

THAT HAS FOUR OR FIVE DIFFERENT BRANCH LOCATIONS. IS IT ONE ENTITY AND

REGARDLESS OF THE NUMBER OF LOCATIONS? OR IS IT ONLY ONE LOCATION,

WOULD IT ONLY APPLY TO ONE LOCATION?

MR. BRONSON: IT WOULD APPLY FOR ALL THE LOCATIONS

THAT ARE WITHIN THE JURISDICTION OF NEW YORK STATE.

MR. GOODELL: AS YOU KNOW, A LOT OF RESTAURANTS

ARE OPERATED BOTH BY A CENTRAL COMPANY AS WELL AS FRANCHISEES. SO YOU

CAN HAVE ONE RESTAURANT OPERATED BY A FRANCHISEE AND ANOTHER ONE RUN

DIRECTLY BY CORPORATE. WOULD THIS APPLY ONLY TO THOSE RESTAURANTS THAT

ARE OPERATED BY FRANCHISEES AS OPPOSED TO BEING OPERATED BY THE

CORPORATE COMPANY?

MR. BRONSON: IT WOULD APPLY TO THE FRANCHISEE. IT

WOULD APPLY TO WHATEVER OWNERSHIP OF THE FRANCHISE THAT THAT OPERATOR

HAS AND THEN SEPARATELY, THE LARGER, CORPORATE BUSINESS WOULD BE ITS

OWN ENTITY AND SEPARATE AND APART.

MR. GOODELL: I SEE. THIS REQUIRES THAT THE ENTITY

NOT BE DOMINANT IN ITS FIELD. WHAT DOES THAT MEAN?

MR. BRONSON: OH, MR. GOODELL, I KNEW YOU WERE

GOING TO ASK ME THAT.

MR. GOODELL: I AM SO THANKFUL BECAUSE I KNOW IN

MY HEART THAT YOU'RE PREPARED.

NYS ASSEMBLY MAY 3, 2021

MR. BRONSON: I'M LOOKING -- I'M LOOKING FOR THAT

DEFINITION THAT OUR VERY SKILLED STAFF PROVIDED FOR US. AND THIS IS AN

ANTI-TRUST TERM THAT HAS BEEN BORROWED FROM THE FEDERAL LAW AND IS

USED OFTEN OUTSIDE OF THE SMALL BUSINESS ADMINISTRATION. AND THE

IDEA -- I MEAN, WE DON'T HAVE ANY ACTUAL DEFINITION IN -- IN STATE LAW,

BUT WE USE IT OFTENTIMES, AND FOR THE PURPOSES OF THE -- THE ACT, A SMALL

BUSINESS CONCERN INCLUDING, BUT NOT LIMITED ENTERPRISES THAT ARE

ENGAGED IN BUSINESSES OF PRODUCTION OF FOOD AND FIBER, RANCHING AND

RAISING OF LIVESTOCK, AGRICULTURE AND OTHER FARMING AND

AGRICULTURE-RELATED INDUSTRIES SHALL BE DEEMED TO BE ONE WHICH IS

INDEPENDENTLY OWNED AND OPERATED. SO "NOT DOMINANT" DOESN'T HAVE A

CLEAR DEFINITION, BUT IT IS A COMMONLY USED PHRASE TO INDICATE THAT IN A

PARTICULAR INDUSTRY THAT PARTICULAR BUSINESS DOESN'T HAVE AN OVERALL

SIGNIFICANT MARKET SHARE IS WHAT I WOULD READ IT TO MEAN.

MR. GOODELL: SO IF I UNDERSTAND YOU CORRECTLY,

WE'RE LOOKING FOR REFERENCE TO THE ANTI-TRUST PROVISIONS IN TERMS OF

DETERMINING DOMINANCE. SO AN INDUSTRY OR BUSINESS MIGHT BE

DOMINANT IN A PARTICULAR LOCALITY, BUT CERTAINLY NOT DOMINANT IN TERMS

OF ANTI-TRUST. YOU WOULD LOOK TO THE ANTI-TRUST PROVISIONS FOR GUIDANCE

ON WHAT THAT MEANS?

MR. BRONSON: MR. GOODELL, IN THE FORM OF A

QUESTION YOU DID A BETTER JOB OF EXPLAINING IT THAN I DID.

(LAUGHTER)

MR. GOODELL: THANK YOU, MR. BRONSON. YOU SET

IT UP FOR ME BY TELLING ME WHAT TO ASK, SO I APPRECIATE THAT.

NYS ASSEMBLY MAY 3, 2021

THIS PROVIDES THAT THE BUSINESS, TO QUALIFY, HAS TO BE

CLOSED FOR TWO OR MORE WEEKS. I HAD A NUMBER OF BUSINESSES IN MY

COMMUNITY THAT WERE PARTIALLY SHUT DOWN. SO I HAD A MANUFACTURING

PLANT, FOR EXAMPLE, AND THE GOVERNOR SAID, WELL, IF YOU'RE

MANUFACTURING FURNITURE FOR A HOSPITAL, YOU CAN STAY OPEN, BUT THAT

PORTION OF YOUR PRODUCTION LINE THAT MANUFACTURES FURNITURE FOR ALL THE

PEOPLE WHO ARE STAYING AT HOME AND ARE TRYING TO WORK AT HOME, THAT

DOESN'T QUALIFY. SO WHEN YOU TALK ABOUT TWO WEEKS, DOES THAT MEAN

SHUT DOWN AT ALL FOR TWO WEEKS, OR IS IT LIKE A FULL-TIME EQUIVALENT SHUT

DOWN? WHAT'S MEANT BY "CLOSED FOR TWO WEEKS?"

MR. BRONSON: AS I UNDERSTAND IT THROUGH THE

NEGOTIATIONS -- AND REMEMBER, THIS IS A VERY HIGH NUMBER OF EMPLOYEES

AT 500 COMPARED TO THE 100 WHICH DOES NOT REQUIRE A TWO WEEK

SHUTDOWN AT ALL. SO THIS WOULD BE A TOTAL SHUT DOWN FOR THAT PARTICULAR

BUSINESS.

MR. GOODELL: I SEE. NOW AM I CORRECT IN READING

THIS THAT YOU WOULD QUALIFY EVEN THOUGH YOU WERE SHUT DOWN FOR ONLY

TWO WEEKS A YEAR AGO AND YOU HAVE BEEN FULLY OPERATIONAL AND FULLY

OPEN FOR THE LAST 50 WEEKS, IS THAT CORRECT?

MR. BRONSON: I'M SORRY, I DIDN'T FOLLOW THE

QUESTION. COULD YOU ASK THAT AGAIN?

MR. GOODELL: CERTAINLY. THE QUALIFICATION IS THAT

YOU'RE SHUT DOWN FOR AT LEAST TWO WEEKS SOMETIME BETWEEN MAY 15,

2020 AND MAY 1, 2021, RIGHT?

MR. BRONSON: YEAH.

NYS ASSEMBLY MAY 3, 2021

MR. GOODELL: SO THAT'S MEAN YOU COULD HAVE

BEEN SHUT DOWN MAY 15TH THROUGH JUNE 1ST, TWO WEEKS, AND BE

ELIGIBLE FOR THESE BENEFITS EVEN THOUGH YOU'VE BEEN OPEN FOR THE

REMAINING 48 WEEKS SINCE THEN?

MR. BRONSON: YES. THE -- THE -- THE THRESHOLD IS

THAT YOU WERE CLOSED FOR -- FOR A TOTAL OF TWO WEEKS AT A MINIMUM.

MR. GOODELL: I SEE. NOW I'M PARTICULARLY

INTERESTED IN SOME OF THE CREDIT DISCRIMINATION PROVISIONS. LOOKING AT

PAGE 7, IT SAYS, "LENDING INSTITUTIONS SHALL NOT DISCRIMINATE IN A

DETERMINATION WHETHER CREDIT SHOULD BE EXTENDED TO ANY OWNER OF

COMMERCIAL REAL PROPERTY AS DEFINED IN THIS SECTION BECAUSE SUCH

OWNER HAS BEEN GRANTED A STAY OF MORTGAGE FORECLOSURE." DOES THIS

MEAN THAT BY LAW, BANKS HAVE TO EXTEND CREDIT TO CUSTOMERS THAT ARE IN

DEFAULT?

MR. BRONSON: MR. GOODELL, COULD YOU REFERENCE

THE LINE NUMBER FOR ME SO I COULD --

ACTING SPEAKER AUBRY: ONE MINUTE, PLEASE.

WE ARE DISCUSSING THE ITEM ON THE BOARD NOW WHICH IS A CHAPTER

AMENDMENT. WE'RE NOT READDRESSING THE ENTIRE BILL. AND SO I

UNDERSTAND THE DESIRE TO REFRESH YOURSELF, BUT I THINK YOU'RE REFRESHING

YOURSELF IN A VERY PARTICULAR WAY. SO I APPRECIATE IF YOU WOULD STAY ON

THE TOPIC OF THE AMENDMENT THAT WE HAVE IN FRONT US, PLEASE.

MR. GOODELL: CERTAINLY. THANK YOU, MR.

SPEAKER. MR. BRONSON, THIS BILL EXTENDS CERTAIN PROTECTIONS TO NEW

EMPLOYERS WHO WERE NEVER COVERED UNDER THE FIRST ONE, INCLUDING

NYS ASSEMBLY MAY 3, 2021

PROTECTION AGAINST CREDIT DISCRIMINATION. SO WITH THIS AMENDMENT,

BANKS, AM I CORRECT, WOULD NOT -- COULD NOT DISCRIMINATE AND THE

DETERMINATION OF CREDIT SHOULD BE EXTENDED TO ANY OWNER OF

COMMERCIAL REAL PROPERTY AS REFLECTED IN THIS BROADER DEFINITION, EVEN

IF THEY WERE IN DEFAULT, IS THAT CORRECT? I'M LOOKING AT PAGE 7, LINE 30

THROUGH 38. AND YOU CAN ANSWER THE QUESTION ONLY AS IT RELATES TO THE

ADDITIONAL PEOPLE THAT WOULD BE COVERED BY THIS AMENDMENT.

MR. BRONSON: WELL, THE -- THE -- THE PROVISIONS

REGARDING DISCRIMINATION HAVE NOT BEEN CHANGED AT ALL. THE ONLY

CHANGE IS WHAT LEVEL OF SMALL BUSINESSES WOULD BE INCLUDED IN THE

PROTECTION. SO THE PROTECTION REMAINS THE SAME, BUT THE -- THE

BUSINESSES WOULD BE DIFFERENT IN THAT IT WOULD COVER 100 OR LESS

EMPLOYEES, OR IN THE SCENARIO WHERE A BUSINESS HAD BEEN SHUT DOWN

FOR TWO OR MORE WEEKS, THEN IT WOULD BE 500 OR LESS EMPLOYEES. BUT

THE DISCRIMINATION PROVISIONS ARE IDENTICAL. THEY HAVE NOT BEEN

CHANGED.

MR. GOODELL: SO -- BUT JUST TO BE CLEAR, SO WITH

THIS BILL, WE EXTEND PROVISIONS THAT SAY A BANK CANNOT DISCRIMINATE IN

THE EXTENSION OF NEW CREDIT TO A COMPANY THAT MIGHT HAVE AS MANY AS

500 EMPLOYEES, CORRECT?

MR. BRONSON: IT IS THE SAME PARAMETERS OF

DISCRIMINATION PROVISIONS AS UNDER THE OTHER BILL, EXCEPT FOR IT WOULD

COVER THE LARGER EMPLOYEES, 100 OR LESS INSTEAD OF 50 OR LESS IN THE

EARLIER BILL, AND IN CONNECTION WITH 500 OR LESS IF THE BUSINESS WAS

TOTALLY CLOSED FOR TWO WEEKS OR MORE.

NYS ASSEMBLY MAY 3, 2021

MR. GOODELL: RIGHT, BUT WITH THIS AMENDMENT,

AM I CORRECT, THE BANKS WOULD BE PROHIBITED FROM DISCRIMINATING ON

EXTENDING NEW CREDIT TO EVEN LARGER EMPLOYERS, EMPLOYERS THAT WERE

NOT COVERED BY THE ORIGINAL, CORRECT?

MR. BRONSON: TO THE EXTENT THAT THE PARAMETERS

OF THE EMPLOYER IS COVERED IS LARGER, YES.

MR. GOODELL: NOW THIS ALSO PROHIBITS NEGATIVE

CREDIT REPORTING FOR THOSE LARGER EMPLOYERS, CORRECT?

MR. BRONSON: YES.

MR. GOODELL: AND A LOT OF BANKS HAVE

AGREEMENTS, DON'T THEY, WITH THE MAJOR CREDIT ENTITIES TO REPORT

INFORMATION? SO WOULD THIS FORCE THE BANKS THEN TO VIOLATE THEIR CREDIT

AGREEMENT AS IT RELATES TO THE LARGER EMPLOYERS COVERED BY THIS

AMENDMENT?

MR. BRONSON: AGAIN, THOSE PROVISIONS HAVE NOT

BEEN CHANGED EXCEPT TO THE EXTENT THAT WE'RE COVERING ADDITIONAL

BUSINESSES UNDER THE CHAPTER AMENDMENT.

MR. GOODELL: DOES THIS BILL APPLY TO

STATE-CHARTERED BANKS ONLY OR BOTH STATE- AND FEDERALLY-CHARTERED

BANKS?

MR. BRONSON: I WILL HAVE TO GET BACK TO YOU ON

THAT, MR. GOODELL, I'M NOT SURE.

MR. GOODELL: I SEE. IS THERE ANYTHING IN THIS

AMENDMENT THAT WOULD EXTEND ANY DUE PROCESS RIGHTS TO -- TO BANKS OR

MUNICIPALITIES DEALING WITH A TAX FORECLOSURE TO VERIFY INDEPENDENTLY

NYS ASSEMBLY MAY 3, 2021

WHETHER OR NOT THE LARGER COMPANIES MEET THESE STANDARDS?

MR. BRONSON: AGAIN, MR. GOODELL, NONE OF THOSE

PROVISIONS HAVE BEEN CHANGED. THE ONLY THING CHANGED HERE IS THAT

THE LEVEL OR THE SIZE OF THE BUSINESSES.

MR. GOODELL: WELL, THOUGH THOSE PROVISIONS

MIGHT NOT CHANGE, THE FINANCIAL IMPACT MOST ASSUREDLY CHANGES

BECAUSE WE'RE INCREASING THIS BILL FROM COVERING VERY SMALL EMPLOYERS

TO EMPLOYERS THAT MIGHT HAVE AS MANY AS 500 PEOPLE. AND IN MY

DISTRICT, THERE'S ONLY A HANDFUL OF EMPLOYERS THAT HAVE MORE THAN 500.

SO WHEN YOU'RE TALKING ABOUT TAX FORECLOSURE OR EVICTION MORATORIUM

OR MORTGAGE FORECLOSURE, THE FINANCIAL IMPACT IS SUBSTANTIALLY HIGHER.

AND SO MY QUESTION IS, IS THERE ANY DUE PROCESS IN THIS AMENDMENT

THAT WOULD ALLOW A BANK OR A MUNICIPALITY FACING TAX FORECLOSURE, OR

ANY OTHER ENTITY MAYBE DOING AN EVICTION, TO VERIFY THAT THE COMPANY

MEETS THESE -- THE LARGER COMPANIES THAT WOULD BE COVERED BY THIS

AMENDMENT, MEET THOSE CRITERIA?

MR. BRONSON: WELL, THE -- THE TAXING AUTHORITY

WOULD BE INVOLVED IN THE PROCESS AND THEY -- THEY WOULD HAVE THE

OPPORTUNITY TO LOOK AT THE HARDSHIP DECLARATION. AND IF THEY BELIEVE

THAT THE HARDSHIP DECLARATION IS INACCURATE, I WOULD THINK THAT THEY

WOULD BE ABLE TO HAVE THAT REVIEWED.

MR. GOODELL: THANK YOU, MR. BRONSON. I

APPRECIATE YOUR COMMENTS AND I'M GLAD YOU ANTICIPATED SOME OF THEM,

THOSE WERE VERY HELPFUL.

ON THE BILL, SIR.

NYS ASSEMBLY MAY 3, 2021

ACTING SPEAKER AUBRY: ON THE BILL.

MR. BRONSON: THANK YOU.

MR. GOODELL: THE ORIGINAL LEGISLATION, TO REFRESH

MY COLLEAGUES' RECOLLECTION, PROVIDED FOR AN EVICTION MORATORIUM, A

TAX FORECLOSURE MORATORIUM, A MORTGAGE FORECLOSURE MORATORIUM, BUT IT

APPLIED TO A CERTAIN CLASS OF SMALL BUSINESSES. AND THIS BILL

DRAMATICALLY INCREASES THE SIZE OF THE BUSINESS THAT CAN APPLY FOR IT

WITHOUT ADDRESSING THE FUNDAMENTAL DUE PROCESS ISSUES THAT ARE

INVOLVED IN THIS. SO THERE'S NO PROVISION FOR JUDICIAL REVIEW TO SEE IF

THESE PROVISIONS ARE APPLICABLE TO THE LARGER EMPLOYER.

AND IT GOES ON TO SAY THAT IF YOU'RE A BANK AND YOU

HAVE A LARGER EMPLOYER WHO IS NOT EVEN MAKING THEIR PAYMENTS, THAT

THEY'RE IN DEFAULT, YOU STILL HAVE TO EXTEND THEM CREDIT AND YOU'RE

PROHIBITED BY LAW FROM WARNING OTHER BANKS THAT THAT CUSTOMER IS IN

DEFAULT. THIS IS FUNDAMENTALLY UNCONSTITUTIONAL. IT'S A VIOLATION OF DUE

PROCESS AND FAILS TO MEET OUR FUNDAMENTAL CONCEPTS OF FAIRNESS WHEN IT

COMES TO COMMERCIAL TRANSACTIONS AND, THEREFORE, I'LL BE OPPOSING IT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD FOR A COUPLE QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD?

MR. BRONSON: YES, I WILL, MR. SPEAKER.

NYS ASSEMBLY MAY 3, 2021

ACTING SPEAKER AUBRY: MR. BRONSON YIELDS.

MR. RA: THANK YOU, MR. BRONSON. JUST GLOBALLY ON

THIS BILL, SO -- SO MY UNDERSTANDING IS CLEAR AND I KNOW WE'RE DOING

ANOTHER BILL THAT MAY IMPACT THIS, BUT AS FAR AS THIS BILL ITSELF, THESE

PROVISIONS GO UNTIL MAY 1, 2021 AS -- AS AMENDED?

MR. BRONSON: YES, THAT'S CORRECT. AS YOU

INDICATED IN YOUR QUESTION, THERE WILL BE A BILL TAKEN UP LATER TODAY,

ASSEMBLYMEMBER DINOWITZ'S BILL, WHICH WILL ADDRESS AN EXTENSION TO

AUGUST 31, 2021 I BELIEVE.

MR. RA: OKAY. AND JUST -- AND I THINK THIS CAME

ACROSS IN YOUR DISCUSSION WITH MR. GOODELL, BUT JUST TO BE CLEAR, THE

CHANGES WITH REGARD TO BUSINESS SIZE, THE 50 TO 100 AND THEN THE UP TO

500 WITH THAT ADDITIONAL CAVEAT THAT THERE NEEDS TO BE THE TWO WEEKS

CLOSED, THAT'S THE ELIGIBILITY SIDE OF IT. IS THERE ANY DIFFERENCE IN, YOU

KNOW, BENEFITS - OR I DON'T KNOW WHAT ELSE TO CALL THEM - BUT OF -- OF

THINGS THAT A BUSINESS IS ELIGIBLE FOR ONCE THEY MEET THAT ELIGIBILITY

THRESHOLD?

MR. BRONSON: NO, THERE'S NOT ANY CHANGES IN

WHAT THE PROTECTIONS ARE AFFORDED UNDER THE ORIGINAL BILL.

MR. RA: OKAY. THANK YOU VERY MUCH, MR.

BRONSON.

THANK YOU, MR. SPEAKER.

MR. BRONSON: THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

NYS ASSEMBLY MAY 3, 2021

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A-7127. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE PARTY

POSITION -- CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE. THOSE WHO

WOULD LIKE TO SUPPORT THIS LEGISLATION ARE ENCOURAGED TO CALL THE

MINORITY LEADER'S OFFICE SO WE CAN PROPERLY RECORD YOUR VOTE. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY

MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PREVIOUSLY PROVIDED.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

FIRST VOTE OF THE DAY, MEMBERS.

MR. GOODELL.

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

RECORD THE FOLLOWING COLLEAGUES IN THE AFFIRMATIVE ON THIS LEGISLATION:

MR. MORINELLO, MR. NORRIS, MR. SALKA, AND MR. SCHMITT. THANK YOU,

NYS ASSEMBLY MAY 3, 2021

SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. HYNDMAN.

MS. HYNDMAN: PLEASE RECORD THE FOLLOWING

MEMBERS IN THE NEGATIVE: MRS. GUNTHER, MS. BUTTENSCHON, AND MS.

WALLACE.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MR. GOODELL: MR. SPEAKER, PLEASE ALSO RECORD

MR. MILLER IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 14, RULES REPORT NO. 64, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A07175-A, RULES

REPORT NO. 64, DINOWITZ, EPSTEIN, L. ROSENTHAL, OTIS, BARRON. AN ACT

TO AMEND CHAPTER 381 OF THE LAWS OF 2020 ESTABLISHING THE

"COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF

2020," IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF; AND TO AMEND

CHAPTER 73 OF THE LAWS OF 2021 RELATING TO ESTABLISHING THE

"COVID-19 EMERGENCY PROTECT OUR SMALL BUSINESSES ACT OF 2021,"

IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. DINOWITZ.

(PAUSE)

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: SORRY ABOUT THAT. THIS BILL WOULD

EXTEND THROUGH AUGUST 31, 2021 THE EFFECTIVENESS OF THE STATUTORY

LIMITATIONS ON EVICTIONS OF RESIDENTIAL AND CERTAIN COMMERCIAL TENANTS

EXPERIENCING FINANCIAL HARDSHIP. IT WOULD ALSO EXTEND THE MORATORIUM

ON LIMITATIONS ON CERTAIN FORECLOSURES AND TAX SALES, AS WELL, PLUS OTHER

PROVISIONS. ESSENTIALLY, IT CHANGES FROM MAY 1ST TO AUGUST 31ST THE

DEADLINES THAT WERE PREVIOUSLY VOTED UPON BY THIS BODY.

ACTING SPEAKER AUBRY: MR. FITZPATRICK.

MR. FITZPATRICK: THANK YOU, MR. SPEAKER. JEFF,

A FEW QUESTIONS. THE -- YOU KNOW, THE MEMO IN SUPPORT OF THE

MORATORIUM EX -- EXTENDER IN THE SUMMARY OF PROVISIONS STATES THAT THE

RESIDENTIAL TENANT FILES A HARDSHIP DECLARATION UNDER PENALTY OF PERJURY,

IS THAT ACCURATE?

MR. DINOWITZ: YES.

MR. FITZPATRICK: SO WHY -- WHY WOULD THIS

PROPOSED EXTENSION NOT BE IN ALIGNMENT WITH THE CDC DATE OF JUNE

30TH?

MR. DINOWITZ: WELL, I DON'T KNOW WHY WE NEED

TO ALIGN OR NOT ALIGN WITH -- WITH THAT, AND THAT DEADLINE COULD BE

THEORETICALLY BE EXTENDED, AS WELL.

MR. FITZPATRICK: WELL, WHY -- WHY WOULDN'T WE

BE ALIGNED WITH THE CDC? I MEAN, WE DO FOLLOW THE SCIENCE, CORRECT,

SO -- AND, IN FACT, THE NEWS IS OUT THAT WE MAY FULLY REOPEN IN THE CITY

IN MID-MAY, IN A COUPLE OF WEEKS SO WHAT'S THE --

MR. DINOWITZ: WELL, IT'S THE -- OKAY. WELL, LET ME

NYS ASSEMBLY MAY 3, 2021

ANSWER --

MR. FITZPATRICK: SO WHY NOT FOLLOW THE CDC

GUIDELINE?

MR. DINOWITZ: WELL FIRST, I WAS JUST READING THE

NEW YORK TIMES THIS MORNING AND WHAT I READ WAS THAT THE SCIENTISTS

ARE NOW VERY DOUBTFUL THAT THIS COUNTRY WILL EVEN ACHIEVE HERD

IMMUNITY ANYTIME SOON BECAUSE OF ALL THE - I WILL REFRAIN FROM

ADJECTIVES - BECAUSE OF ALL THE PEOPLE WHO REFUSE TO GET VACCINATED AND

AS A RESULT, THE DANGER STILL EXISTS. BUT THE MAIN REASON IS SIMPLY THAT

WE WANT TO ACHIEVE THE PURPOSE OF THE FIRST BILL. THE PURPOSE OF THE

FIRST BILL WAS THAT THERE NOT BE MASS EVICTIONS THAT TAKE PLACE DURING THE

PANDEMIC, AND WE NOW HAVE FUNDING AVAILABLE TO REALLY ADDRESS THE

SITUATION, BUT THAT FUNDING IS NEVER GOING TO BE FULLY DISTRIBUTED IN THE

IMMEDIATE FUTURE. IT'S CERTAINLY NOT GOING TO BE DONE IN MAY AND I

GUESS WE DEBATED THAT BILL PREVIOUSLY, BUT IT'S DOUBTFUL THAT EVERYTHING

IS GOING TO BE DONE BY JUNE. SO I'M SURE YOU AND I WOULD AGREE THAT

WE DON'T WANT PEOPLE PUT OUT ON THE STREETS, WE WANT TO GIVE TIME FOR

EVERYTHING WE'VE DONE TO WORK, PART OF WHICH, BY THE WAY, IS GETTING

BILLIONS OF DOLLARS INTO THE HANDS OF LANDLORDS.

MR. FITZPATRICK: OKAY. SO TO DATE, HOW MANY

HARDSHIP FORMS HAVE BEEN FILED WITH THE COURTS?

MR. DINOWITZ: IT'S -- I CAN'T GIVE YOU AN EXACT

NUMBER, BUT IT'S MY UNDERSTANDING THAT IT'S IN THE NEIGHBORHOOD OF

40,000.

MR. FITZPATRICK: FORTY THOUSAND, ALL RIGHT. SO

NYS ASSEMBLY MAY 3, 2021

THEN THE HARDSHIP DECLARATION, YOU KNOW, IT INCLUDES AS A QUALIFICATION,

YOU KNOW, FOR A HARDSHIP AND EVICTION PROTECTION, THAT MOVING

EXPENSES AND THE DIFFICULTY IN SECURING ALTERNATIVE HOUSING, YOU KNOW,

MAKE IT A HARDSHIP TO RELOCATE, ALL RIGHT. SO BASED ON THE CURRENT STATE

OF THE HOUSING MARKET WITH SO MANY VACANCIES, LOWER RENTS, IS THIS

QUALIFICATION EVEN VALID?

MR. DINOWITZ: WELL, I DON'T KNOW THAT I WOULD

TAKE IT AS A GIVEN THAT THERE ARE SO MANY VACANCIES AND LOWER RENTS, I

GUESS IT MAY BE THE CASE IN CERTAIN SPECIFIC LOCATIONS.

MR. FITZPATRICK: I THOUGHT YOU SAID YOU READ

THE NEW YORK TIMES. I MEAN, I'VE READ IT IN THERE.

MR. DINOWITZ: WELL, I DO READ THE NEW YORK

TIMES, BUT THE NEW YORK TIMES RARELY COVERS THE BRONX. SO I CAN TELL

YOU THAT WHERE I AM, I'M NOT AWARE THAT RENTS HAVE GONE DOWN OR THAT

THERE ARE MANY, MANY VACANCIES. I DON'T BELIEVE THAT'S THE CASE.

MR. FITZPATRICK: WELL, WE -- YOU KNOW, ONE OF

-- ONE OF THE PROBLEMS WE'RE HAVING HERE IS THAT THERE, YOU KNOW, THERE

ARE MANY, MANY STORIES AND I'VE SPOKEN TO A NUMBER OF LANDLORDS FROM

ALL AROUND THE STATE WHO HAVE, YOU KNOW, ALL THEY WANT IS THE COURTS

OPEN, THAT THEY BE GIVEN SOME DEGREE OF -- OR SOME ABILITY TO JUST GO

AFTER WHAT I WOULD CALL THE FREELOADERS. I MEAN, WE'VE CREATED BECAUSE

OF THESE -- THE MORATORIUM, AND WITH THE GENEROSITY OF THE FEDERAL

GOVERNMENT, WE'VE GOT PEOPLE WHO ARE GAMING THE SYSTEM. YOU

KNOW, THEY'RE, FOR WANT OF A BETTER TERM, WE'VE CREATED A CLASS OF

FREELOADERS HERE THAT ARE GAMING THE SYSTEM. SO WHY -- I JUST, WHY ARE

NYS ASSEMBLY MAY 3, 2021

WE SO -- SO WHY ARE WE PROTECTING THESE PEOPLE, JEFF? WHY CAN'T WE

PUT LIMITATIONS IN THIS MORATORIUM, YOU KNOW, MAKE SURE THEY FOLLOW,

YOU KNOW, THE INCOME GUIDELINES. PEOPLE WHO ARE EARNING AN INCOME,

YOU KNOW, THEY'RE TAKING VACATIONS, THEY'RE BUYING NEW CARS, THEY'RE

DOING THINGS -- THEY'RE THUMBING THEIR NOSE AT THE SYSTEM AND

EXTENDING THIS MORATORIUM JUST PROTECTS THEM. JEFF, WHY ARE WE DOING

THIS? WHY ARE WE PROTECTING FREELOADERS?

MR. DINOWITZ: YOU KNOW WHAT? IN ANYTHING,

THERE MIGHT BE A SMALL PERCENTAGE OF PEOPLE WHO ARE DOING THE WRONG

THING WHO ARE FREELOADERS, WHO ARE COMMITTING FRAUD.

MR. FITZPATRICK: IT'S NOT SMALL, JEFF.

MR. DINOWITZ: WELL, I DON'T KNOW THAT. I WOULD

BET -- MAYBE I'M WRONG, I WOULD BET IF LANDLORDS WERE GIVEN THE CHOICE

BETWEEN HAVING THE EVICTION MORATORIUM EXTENDED AND GETTING THE

FUNDING THAT'S GOING TO COME DOWN FROM THE BILLIONS OF DOLLARS THAT

HAVE BEEN ALLOCATED ON THE ONE HAND, OR NOT HAVING THE EXTENSION AND

NOT GETTING THE FUNDING AND HAVING TO GO TO COURT IN THE TENS OF

THOUSANDS, I BET THEY WOULD CHOOSE THE FORMER RATHER THAN THE LATTER.

THINK ABOUT THIS. AND I'M NOT SAYING THERE ARE NO, YOU KNOW, QUOTE

"FREELOADERS," BUT I REALLY THINK THAT'S BEEN EXAGGERATED TO A VERY LARGE

DEGREE. I THINK MOST PEOPLE DON'T WANT TO OWE THOUSANDS AND

THOUSANDS OF DOLLARS. YOU KNOW, IF THERE ARE PEOPLE OUT THERE WHO

COULD PAY THEIR RENT BUT AREN'T PAYING THEIR RENT BECAUSE OF THE

MORATORIUM AND NOW OWE THOUSANDS AND THOUSANDS OF DOLLARS, THEY'RE

GOING TO STILL OWE THE MONEY AND I DON'T -- AND HOW MANY PEOPLE WANT

NYS ASSEMBLY MAY 3, 2021

TO HAVE THOSE BILLS, HAVE THEIR CREDIT RATING WRECKED AND SO ON? I THINK

WHAT WE'RE DOING HERE IS -- AND THERE'S ANOTHER THING. IF EVERY LANDLORD

TOOK EVERY ONE OF THOSE 40,000 PEOPLE, PLUS OTHERS, TO COURT TO EVICT

THEM, I DON'T KNOW THAT THEY'RE ALL GOING TO GET EVICTED TOMORROW, IT'S A

PROCESS. THE COURTS WILL BE OVERWHELMED. I DON'T THINK WE WANT THE

COURTS OVERWHELMED ALL AT THE SAME TIME ANYWAY. IT WAS MY HOPE

WHEN WE PASSED THE INITIAL BILL ON DECEMBER 28TH THAT THINGS WOULD BE

MUCH BETTER BY MAY 1ST. IT HASN'T QUITE WORKED OUT THAT WAY, BUT I

THINK WE HAVE HOPE AT LEAST BECAUSE THANKFULLY THE NEW FEDERAL

ADMINISTRATION KNOWS HOW TO GET VACCINES DISTRIBUTED AND MORE AND

MORE PEOPLE ARE GETTING VACCINATED, THE INFECTION RATES ARE GOING

DOWN. HOPEFULLY THAT'S A PERMANENT THING NOT A -- A TREND AS WE

APPROACH ANOTHER WAIVE, I DON'T KNOW, BUT...

MR. FITZPATRICK: JEFF, LET ME JUST STOP YOU.

MR. DINOWITZ: I THINK IT STILL NEEDS MORE TIME.

MR. FITZPATRICK: WELL, YOU KNOW, AND WHY IS IT

TAKING SO LONG FOR THAT FEDERAL MONEY TO GET DISTRIBUTED? THERE SEEMS

TO BE AN UNEXPLAINABLE LAG. WHAT'S -- WHAT'S TAKING SO LONG?

MR. DINOWITZ: WELL, THE BIG BATCH OF MONEY, THE

RESCUE PLAN WAS ONLY PASSED RELATIVELY RECENTLY, BUT THE MONEY IS

THERE.

MR. FITZPATRICK: THE STATE HAS BEEN SITTING ON

BILLIONS, A FEW BILLION DOLLARS FOR MONTHS NOW; HOW DO WE EXPLAIN

THAT?

MR. DINOWITZ: WELL, I DON'T THINK IT'S BEEN

NYS ASSEMBLY MAY 3, 2021

MONTHS, DO YOU THINK IT'S BEEN MONTHS? I DON'T REMEMBER THE DATE THAT

THE RESCUE PLAN WAS PASSED, BUT IT WAS -- I DON'T KNOW THAT I WOULD SAY

IT'S BEEN MONTHS. AND IT DOES TAKE TIME AND WE KNOW THAT, AND WE

WANT TO MAKE SURE WHEN THE MONEY IS DISTRIBUTED THAT THAT'S DONE IN AN

EFFICIENT WAY WHERE THERE'S NO, YOU KNOW, FREELOADING GOING ON, WHERE

THERE'S NO FRAUD. WE WANT TO MAKE SURE IT'S DONE RIGHT. SO THE STATE

AGENCIES INVOLVED ALSO HAVE TO, YOU KNOW, GET THINGS TOGETHER. SO IT IS

A PROCESS, BUT I THINK THE REAL IMPORTANT THING HERE IS THAT IF ALL OF THE

POTENTIAL EVICTIONS PROCEEDED IMMEDIATELY, WE WOULD HAVE A DISASTER

ON OUR HANDS AND I DON'T THINK ANYBODY WANTS THAT.

MR. FITZPATRICK: SO THAT -- YOU KNOW, THE CDC

REQUIRES THE TENANT, IN THEIR DECLARATION, INDICATE THAT THEY HAVE EARNED

INCOME OF NO MORE THAN $99,000 SINGLE, $198,000 JOINT IN CALENDAR

YEAR 2020, AND NO MORE THAN THAT IN 2021. SO WHY -- WHY CAN'T NEW

YORK CHANGE THE CURRENT DECLARATION OF HARDSHIP TO INCLUDE A SPECIFIC

INCOME LIMITATION TO ENSURE THAT PEOPLE OF MEANS ARE NOT TAKING

ADVANTAGE OF EVICTION PROTECTION TO AVOID THEIR RENTAL OBLIGATIONS?

MR. DINOWITZ: WELL, I DON'T KNOW ABOUT THE

PEOPLE IN YOUR DISTRICT, BUT IN MY DISTRICT I DON'T THINK PEOPLE ARE

ABUSING THE SYSTEM. AND I WOULD THINK IT'S SAFE TO SAY THAT ALMOST

EVERYBODY, IF NOT EVERYBODY, WHO IS -- WHO HAS SIGNED A HARDSHIP

DECLARATION HAVE INCOMES BELOW THIS, YOU KNOW, $200,000-ISH

THRESHOLD. I DON'T THINK TOO MANY PEOPLE ABOVE THAT LEVEL ARE TAKING

ADVANTAGE OF IT, AT LEAST NOT IN THE 81ST ASSEMBLY DISTRICT.

MR. FITZPATRICK: RIGHT. VERY GOOD. JEFF, THANK

NYS ASSEMBLY MAY 3, 2021

YOU VERY MUCH.

MR. DINOWITZ: YOU'RE VERY WELCOME.

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

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FITZPATRICK.

MR. FITZPATRICK: MR. SPEAKER, I WOULD ARGUE

THAT IT IS NOT NECESSARY TO EXTEND THIS EVICTION MORATORIUM AND THAT WE

SHOULD FOLLOW THE GUIDELINE ESTABLISHED BY THE CDC GOING TO THE END

OF JUNE. YOU KNOW, THE PROBLEM -- THE PROBLEM WE HAVE HERE IS, YOU

KNOW, NEW YORK HAS CREATED MUCH OF ITS OWN PROBLEMS DUE TO THE

DELAY IN OPENING UP THE ECONOMY. THE GOVERNOR AND MAYOR DE BLASIO

ARE STARTING TO SEE THE LIGHT AND ARE TRYING TO OUTDO EACH OTHER TO

REOPEN THE ECONOMY SOONER RATHER THAN LATER. THE PEOPLE WHO ARE

SUFFERING HERE ARE THE SMALL PROPERTY OWNERS WHO PROVIDE HOUSING.

YOU KNOW, THE BIG LANDLORDS, WHILE THEY MAY BE SUFFERING A LITTLE BIT,

THEY HAVE THE CASH FLOW AND THE RESOURCES TO WITHSTAND WHAT HAS BEEN

GOING ON. BUT IT IS THOSE SMALL PROPERTY OWNERS, MANY OF THEM, YOU

KNOW, IMMIGRANTS LOOKING TO BUILD WEALTH FOR THEIR AMERICAN DREAM,

AND OTHERS WHO OWN SMALL PROPERTIES ARE GOING WITHOUT CASH FLOW AND

CANNOT MAINTAIN THEIR BUILDINGS. THIS IS LEADING TO DETERIORATION OF

HOUSING STOCK, IT'S LEADING TO COMPLAINTS BY THE TENANTS THAT THEIR

APARTMENTS CAN'T BE FIXED. THIS IS A SITUATION THAT WE REALLY, IS

UNTENABLE AND CANNOT CONTINUE. ALLOWING THIS MORATORIUM TO CONTINUE

TO GO ON, AND NO DOUBT IN MY MIND IT'LL GO -- IT'LL GET EXTENDED AGAIN

BECAUSE WE JUST CAN'T SEEM TO DEAL WITH REALITY HERE IN THIS STATE, AND

NYS ASSEMBLY MAY 3, 2021

SOONER OR LATER WE'VE GOT TO GET THIS ECONOMY OPEN AND WE HAVE TO GET

THE HOUSING COURTS OPEN AND PEOPLE WHO ARE NOT LIVING UP TO THEIR

OBLIGATIONS NEED TO BE DEALT WITH SWIFTLY AND AGGRESSIVELY. YOU KNOW,

FREELOADING IS NOT GOOD FOR SOCIETY AND IT LEADS TO LOTS OF BAD THINGS.

SO I WOULD ADVOCATE A NO VOTE ON THIS BILL AND THANK YOU, MR. SPEAKER,

FOR -- FOR ALLOWING ME TO SPEAK.

ACTING SPEAKER FALL: MR. SCHMITT.

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

THE SPONSOR YIELD FOR A FEW QUESTIONS?

MR. DINOWITZ: YES.

ACTING SPEAKER FALL: THE SPONSOR YIELDS.

MR. SCHMITT: THANK YOU. THANK YOU. I WAS

WONDERING, WHERE DID YOU DECIDE -- OR HOW DID YOU DECIDE ON THE NEW

EXTENDED DATE?

MR. DINOWITZ: WHEN WE DISCUSSED DATES, MY

OWN OPINION WAS THAT GOING BEYOND AUGUST 31ST AT THIS POINT IN TIME

WOULD BE TOO LONG BECAUSE WE DO WANT THIS TO COME TO AN END AS, YOU

KNOW, AS QUICKLY AS POSSIBLE. BUT A DATE BEFORE THEN WE FELT MAY NOT

BE ENOUGH TIME TO ADDRESS THE SITUATION WITH THE MONEY GETTING OUT TO

PEOPLE, AND ALSO WITH, FRANKLY, WITH US REALLY, YOU KNOW, GETTING THE

BETTER OF THE VIRUS. I KNOW THAT EVERYBODY'S THINKING OH, PEOPLE

GETTING VACCINATED AND THE RATES ARE GOING DOWN. WELL, YOU KNOW, WE

WENT THROUGH THE RATES GOING DOWN BEFORE. WE WANT TO MAKE SURE THAT

WE CAN GET BACK TO, YOU KNOW, AS CLOSE TO NORMAL AS WE CAN AND WE

FELT THAT THAT AMOUNT OF TIME WOULD -- WOULD BE -- HOPEFULLY BE

NYS ASSEMBLY MAY 3, 2021

SUFFICIENT WITHOUT BEING EXCESSIVE.

MR. SCHMITT: SO NOW THE CDC SAYS END OF JUNE.

THEY OBVIOUSLY HAVE SCIENTIFIC DATA, OTHER METRICS. WHY NOT PROPOSE A

BILL THAT SIMPLY TIES THE DATE TO THE CDC GUIDELINES? OBVIOUSLY YOU

MENTIONED THE CDC COULD DECIDE TO MAKE EXTENSIONS, SO WHY NOT

AMEND -- PUT AN AMENDED BILL FORWARD THAT SAYS WE WILL GO BY THE, YOU

KNOW, FEDERAL GUIDELINES, WE'RE GOING TO BELIEVE THE SCIENCE, WE'RE

GOING TO FOLLOW THE EXPERTS AT THE CDC AND TIE OUR NEW YORK DATE TO

WHATEVER THE FINAL CDC DATE IS.

MR. DINOWITZ: WELL, THAT'S SUCH AN UN-STATE'S

RIGHT LIKE THING TO SAY, WHICH IS SURPRISING. I DON'T THINK WE NECESSARILY

HAVE TO TIE OUR --

MR. SCHMITT: DO YOU NOT BELIEVE THE CDC'S

GUIDELINES OF THE SAFETY FOR --

MR. DINOWITZ: I BELIEVE THE CDC HAS COME OUT

WITH VARIOUS GUIDELINES. THEY'VE GONE -- THEY'VE MADE CHANGES WHEN

IT WAS NECESSARY AND IT'S TRUE THAT THEY CAN MAKE ANOTHER CHANGE, BUT IN

THE MEANWHILE, THIS HAS TO DO WITH OUR ABILITY TO GET FUNDS OUT INTO THE

POCKETS OF LANDLORDS, WHICH I ASSUME YOU WANT, AND IT ALSO HAS TO DO

WITH -- WITH BEING REALISTIC ENOUGH TO KNOW THAT THINGS MAY NOT BE

PERFECT BY JUNE 30TH. I'LL TELL YOU, I'M NOT WALKING AROUND -- LISTEN. I

THINK THE WORLD OF PRESIDENT BIDEN, BUT I'M STILL USING MY MASK

OUTSIDE. SO I'M NOT NECESSARILY GOING TO NOT TAKE THE PRECAUTIONS THAT I

THINK WE NEED TO TAKE, AND I THINK WE, AS A STATE, NEED TO DO THE RIGHT

THING, TO DO THE SAFE THING, AND -- AND RECOGNIZE THE FACT THAT JUNE --

NYS ASSEMBLY MAY 3, 2021

THE END OF JUNE MAY NOT BE SUFFICIENT TIME TO ADDRESS THE FLOOD OF

EVICTIONS THAT MAY TAKE PLACE BUT FOR THE FACT THAT WE HOPEFULLY WILL BE

EXTENDING THIS DEADLINE TO AUGUST 31ST.

SO YOU KNOW, CDC IS GREAT NOW THAT WE HAVE, YOU

KNOW, REAL PEOPLE RUNNING -- REAL SCIENTISTS AND EVERYTHING, BUT THE FACT

IS THIS IS MORE THAN JUST A SCIENTIFIC DECISION. THIS IS A FISCAL DECISION,

THIS IS A DECISION THAT AFFECT OUR COURTS. OUR COURTS, YOU KNOW, I DON'T

KNOW ABOUT OTHER AREAS, BUT I KNOW THAT IN THE BRONX, WE IN THE BRONX

HAVE THE HEAVIEST CASELOAD IN HOUSING COURT NOT EVEN SECOND TO

BROOKLYN, WHICH IS THE LARGEST BOROUGH, BUT PROBABLY EQUAL TO

BROOKLYN. WE CAN'T HAVE A FLOOD OF THOUSANDS AND THOUSANDS OF

PEOPLE COMING INTO HOUSING COURT ALL AT THE SAME TIME. THE SYSTEM

WON'T BE ABLE TO HANDLE IT, IT WILL BE VERY FOOLISH TO TRY TO DO SOMETHING

LIKE THAT. IF THERE ARE 40,000 PEOPLE WHO FILED HARDSHIP DECLARATIONS

AND EVEN IF NO OTHER HARDSHIP DECLARATIONS ARE FILED OVER THE - LET ME

FINISH - OVER THE NEXT FOUR MONTHS, YOU COULD HAVE 40,000 CASES ON

MAY 4TH, BUT ON AUGUST 31ST THAT NUMBER WOULD DIMINISH

SIGNIFICANTLY, OR AT LEAST THAT'S OUR HOPE.

MR. SCHMITT: SO ALL DUE RESPECT ON YOUR DECISION

TO -- YOUR MASKING DECISION, HOW DOES THAT HAVE ANYTHING TO DO WITH

SOMEBODY PAYING THE RENT THEY'RE SUPPOSED TO PAY?

MR. DINOWITZ: WELL, YOU BROUGHT UP THE

GUIDELINES OF THE CDC AND I SIMPLY MENTIONED THAT JUST BECAUSE

THEY'RE SAYING CERTAIN THINGS ARE OKAY, DOESN'T MEAN WE SHOULD

NECESSARILY NOT TAKE THE SMARTEST ACTION. NO ONE IS SAYING PEOPLE

NYS ASSEMBLY MAY 3, 2021

SHOULDN'T PAY RENT. I THINK WHAT I'M SAYING IS THAT MANY PEOPLE THERE

HAVE NOT BEEN ABLE TO PAY RENT. I DON'T CONSIDER MOST PEOPLE

FREELOADERS. IF YOU WANT TO KNOW WHAT I THINK, I THINK A LOT OF

CORPORATIONS THAT DON'T PAY TAXES, THOSE ARE THE FREELOADERS THAT WE

HAVE TO DEAL WITH ALL THE TIME. I THINK LANDLORDS THAT GET HEAVY DUTY

SUBSIDIES AND DON'T DELIVER SERVICES TO TENANTS, THOSE ARE FREELOADERS,

BUT I THINK THE AVERAGE TENANT IS TRYING TO DO THE RIGHT THING. PEOPLE

DON'T WANT TO HAVE BACK BILLS. PEOPLE AREN'T TRYING TO GET AWAY WITH

SOMETHING. AND FOR THE FEW EXCEPTIONS THAT THAT'S THE CASE, IT WILL

CATCH UP WITH THEM, BUT WE NEED TO HAVE ENOUGH TIME TO MAKE SURE

THAT PEOPLE AREN'T THROWN OUT OF THEIR HOMES, PEOPLE DON'T BECOME

HOMELESS, BECAUSE THAT COULD ONLY CAUSE THE VIRUS TO SPREAD EVEN MORE

RAPIDLY THAN IT'S DONE -- THAN IT WOULD OTHERWISE.

MR. SCHMITT: NOW YOU MENTIONED THE MONETARY

-- THE ISSUE OF GETTING THE MONEY OUT, RIGHT, THE MONETARY ISSUE. AND I

THINK WE AGREE, WE NEED TO GET THE FUNDING THAT WAS IN THE BUDGET,

ESPECIALLY THE FUNDING THAT CAME FROM THE FEDERAL GOVERNMENT, OUT. I

BELIEVE ALL BUT ONE, OR IT MIGHT BE EVERY NEIGHBORING STATE NOW, SOME

AS RECENTLY AS THE END OF -- OR AS FAR BACK AS THE END OF FEBRUARY HAVE

BEEN DISTRIBUTING THAT MONEY. SO NOW SEVERAL MONTHS, MOST OF OUR

NEIGHBORING STATES -- DO YOU HAVE A TIMELINE BASED ON YOUR

SPONSORSHIP OF THIS BILL? YOU MENTIONED THAT'S A -- A JUSTIFICATION FOR

EXTENDING THIS, SO DO YOU HAVE A TIMELINE THAT YOU'RE AWARE OF WHEN

THE INFRASTRUCTURE IS GOING TO BE IN PLACE, ESPECIALLY SINCE EVERY OTHER

STATE SEEMS TO NOT HAVE A PROBLEM IN OUR NEIGHBORING REGION HERE.

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: WELL, I DON'T HAVE A TIMELINE, IT'S

OUR HOPE AND I THINK WE HAVE TO REALLY BE VERY LOUD AND FORCEFUL AND

DEMANDING THAT THE STATE - AND I'M NOT HERE TO DEFEND EXECUTIVE

AGENCIES - WE HAVE TO BE VERY DEMANDING THAT THEY OPERATE EFFICIENTLY

AND THEY GET THE MONEY OUT. THIS MONEY IS NOT MEANT TO SIT AROUND

SOMEWHERE. THIS MONEY IS MEANT TO ADDRESS THIS HUGE ISSUE OF TENANTS

NOT BEING ABLE TO PAY RENT AND LANDLORDS NOT BEING ABLE TO GET A LOT OF

MONEY THAT THEY ARE OWED AND THAT THEY SHOULD GET. AND WE WANT TO

MAKE SURE THAT HAPPENS. I CAN'T GIVE YOU A SPECIFIC TIMELINE BECAUSE

WE DON'T -- WE'RE NOT THE EXECUTIVE, WE'RE THE LEGISLATURE AND WE PASS

LAWS.

MR. SCHMITT: WELL, I THINK WE'RE IN AGREEMENT

THERE AND I WILL CERTAINLY EXTEND AN OFFER TO DO A BIPARTISAN LETTER OR

EFFORT TO ENCOURAGE THE EXECUTIVE TO -- TO MORE RAPIDLY GET THIS DONE

SINCE EVERY OTHER STATE HAS -- IN OUR REGION HAS BEEN ABLE TO FIGURE IT

OUT. SO I'D BE MORE THAN HAPPY TO WORK WITH YOU ON THAT REGARD. THIS

MONEY NEEDS TO -- TO BE OUT, IT NEEDS TO BE MAKING AN IMPACT WHERE IT

NEEDS TO BE MAKING AN IMPACT. I THINK WE AGREE ON THAT ONE.

MY CONCERN IS WHEN IS ENOUGH ENOUGH? OKAY, SAY

WE GETTING THE FUNDING, LET'S PUT AN ARBITRARY DATE THERE, SOMETIME EARLY

JUNE, LET'S SAY THAT. OKAY, THIS IS GOING TO AUGUST. THERE'S GOING TO BE

A POINT WHERE SOME PEOPLE WILL NEVER BE ABLE TO PAY, RIGHT, NOT EVER BE

ABLE TO MAKE UP BACK RENT.

MR. DINOWITZ: THEN THEY WILL OWE MONEY.

MR. SCHMITT: WHAT IS THE STANDARD IN YOUR MIND

NYS ASSEMBLY MAY 3, 2021

AS THE SPONSOR WHERE, OKAY, WE DO NOT NEED TO EXTEND THIS ANYMORE?

MR. DINOWITZ: IF MOST PEOPLE -- IF THE MONEY HAS

GONE OUT, IF MOST OF THE NONPAYMENT CASES HAVE BEEN RESOLVED THEN WE

WILL BE IN A MUCH BETTER POSITION SO THAT WE DON'T HAVE TO EXTEND THIS.

I DON'T THINK ANY OF US ARE ANTICIPATING EXTENDING THIS BEYOND AUGUST

31ST. I CERTAINLY DON'T THINK WE'D WANT TO DO THAT. I HOPE WE DON'T

HAVE TO DO THAT. NONE OF US -- NONE OF US WANT TO GO INTO SESSION IN

AUGUST, BESIDES EVERYTHING ELSE, BUT I MEAN, THE MAIN THING IS WE WANT

THIS TO WORK FOR EVERYBODY INVOLVED. WE'RE GOING THROUGH THE WORST

CRISIS IN OUR LIFETIMES AND I THINK WE ALL KNOW -- I'VE SAID IT BEFORE,

OTHERS HAVE SAID IT BEFORE, I MEAN, THE WORST ECONOMIC DISRUPTION SINCE

THE GREAT DEPRESSION, THE WORST HEALTH CRISIS IN OVER 100 YEARS AND WE

HAVE TO DEAL WITH IT. AND I THINK THAT WE AS A LEGISLATURE HAVE DONE A

NUMBER OF REALLY GREAT THINGS TO TRY TO DEAL WITH THIS, BUT NO ONE

SHOULD, YOU KNOW, FOOL THEMSELVES INTO THINKING THAT THIS IS AN EASY

THING TO ADDRESS. YOU KNOW, IT TOOK YEARS TO GET OUT OF THE GREAT

DEPRESSION. THAT'S NOT -- I DON'T BELIEVE THAT'S GOING TO HAPPEN HERE,

AND MORE PEOPLE HAVE DIED FROM THIS VIRUS THAN I THINK ANY OTHER EVENT

IN THE HISTORY OF THIS COUNTRY WITH THE POSSIBLE EXCEPTION OF THE CIVIL

WAR. SO THIS IS NOT SOME LITTLE THING WE'RE TALKING ABOUT HERE. SO WE

HAVE TO GET THIS DONE, WE HAVE TO GET IT DONE RIGHT, WE HAVE TO GET IT

DONE AS QUICKLY AS POSSIBLE, BUT WE HAVE TO DO IT IN A WAY THAT PROTECTS

PEOPLE.

MR. SCHMITT: SO WOULD YOU BE WILLING -- MY

BIPARTISAN OFFER TO WORK TO GET THIS FUNDING OUT TO BE COUPLED WITH THIS

NYS ASSEMBLY MAY 3, 2021

MEASURE?

MR. DINOWITZ: I AM ALWAYS -- WELL, FIRST OF ALL, I

NEVER COMMIT MYSELF TO SIGNING ANYTHING BEFORE I'VE SEEN IT, BUT I'M

ALWAYS WILLING TO WORK WITH ANYBODY AND EVERYBODY TO TRY TO GET

THINGS DONE. I WOULD HOPE WE COULD ALL AGREE THAT WE DON'T WANT TO

SEE PEOPLE ON THE STREETS, WE DON'T WANT TO SEE, YOU KNOW, TENANTS HURT,

BUT WE DON'T WANT TO SEE LANDLORDS HURT EITHER. I THINK ALL OF US OR MOST

OF US WOULD AGREE UPON THAT.

MR. SCHMITT: SO NOW THE GOVERNOR TODAY

ANNOUNCED THE FULL REOPENING OF NEW YORK, NEW YORK STATE, NEW

YORK CITY BY MAY 17TH, MAY 18TH BETWEEN PUBLIC TRANSPORTATION,

RESTAURANTS, ESTABLISHMENTS, YOU NAME IT ACROSS THE COMMERCIAL SECTOR.

THAT'S GREAT NEWS, I THINK THAT'S GREAT NEWS, TAKING THE PROPER SAFETY

PROTOCOL INTO PLACE. PEOPLE -- MANY MORE PEOPLE BACK TO WORK, MONEY

FLOWING, ECONOMY GOING, MATCHING WHAT A BUNCH OF NEIGHBORING STATES

HAD ALREADY ANNOUNCED. CONNECTICUT WAS ALREADY WAY AHEAD OF THIS.

DOES THAT NOT SHOW THAT THE JUNE DEADLINE MIGHT BE MORE APPROPRIATE,

THAT AN EARLIER DEADLINE MIGHT BE MORE APPROPRIATE SINCE OUR STATE IS,

ACCORDING TO THE GOVERNOR, ACCORDING TO PREVIOUS STATEMENTS BY THE

MAYOR, THE STATE IS -- AND CITY ARE READY TO BE REOPENED, WILL BE

REOPENED IN A DATE IN DAYS, WE'RE COUNTING BY DAYS NOW UNTIL THAT TIME,

THAT WAS ANNOUNCED THIS MORNING. SO NOW, HOW DO WE JIVE WITH THE

STATE SCIENCE AND DATA THAT WAS RELEASED SAYING MAY 17TH AND 18TH FOR

THOSE VARIOUS SERVICES, WITH AUGUST 31ST?

MR. DINOWITZ: I DON'T THINK THE COMPETITION

NYS ASSEMBLY MAY 3, 2021

BETWEEN ANY ELECTED OFFICIALS TO DETERMINE WHEN WE REOPEN IS THE WAY

-- IS THE STANDARD THAT I WOULD USE. I COULD TELL YOU, AND -- AND I REALLY

WANT TO DO THINGS THAT I USED TO BE ABLE TO DO, I'M NOT PLANNING ON

GOING TO A MOVIE THEATER ANY TIME SOON, I'M NOT PLANNING ON GOING TO A

RESTAURANT INDOORS ANY TIME SOON, AND I THINK A LOT OF OTHER PEOPLE FEEL

THAT WAY. WE ARE NOT GOING TO BE NORMAL IN THE NEXT COUPLE OF WEEKS,

THAT'S JUST NOT HAPPENING. THERE ARE STILL PEOPLE IN NEW YORK, DOZENS

OF PEOPLE ARE DYING A DAY STILL. THANKFULLY IT'S MUCH LOWER THAN IT HAD

BEEN, BUT PEOPLE ARE STILL DYING. WE CAN'T IGNORE THAT. WE CAN'T IGNORE

THE FACT THAT IN CERTAIN AREAS THE COVID RATES ARE STILL TOO HIGH, AND I

DON'T PERSONALLY BELIEVE THAT ARBITRARY DATES ARE THE WAY TO MAKE

DECISIONS, BUT SOMETIMES YOU HAVE TO AT LEAST PLAN AHEAD. FOUR

MONTHS AHEAD, WHICH IS WHAT THIS BILL DOES, I THINK IS A SENSIBLE WAY TO

HANDLE THINGS. IF THE GOVERNOR OR THE MAYOR THINK THAT THE RIGHT THING

TO DO IS TO REOPEN EVERYTHING, I THINK PEOPLE INDIVIDUALLY HAVE TO

DECIDE WHAT THEY'RE GOING TO DO. I'M STILL NOT GOING TO HANG OUT WITH

PEOPLE INDOORS WHO ARE NOT WEARING A MASK, AND I'M FULLY VACCINATED

AND PRETTY MUCH EVERYBODY I KNOW, THEY'RE ALSO VACCINATED, AND I'M

STILL NOT GOING TO, YOU KNOW, GO AROUND MASKLESS. SO WE'RE NOT GOING

TO BE BACK TO NORMAL IN THE IMMEDIATE FUTURE, THAT'S JUST NOT

HAPPENING.

YOU KNOW, WILL THINGS BE MUCH BETTER LATER IN THE

SUMMER? I SURE HOPE SO, AND I THINK THINGS WILL BE MUCH BETTER. BUT

THANKS TO THE -- TO THE PEOPLE WHO REFUSE TO GET VACCINATED, THEY ARE

SLOWING DOWN THE PROCESS AND, IRONICALLY, A LOT OF THOSE PEOPLE ARE THE

NYS ASSEMBLY MAY 3, 2021

VERY ONES WHO ARE MAKING THE LOUDEST DEMANDS TO GET BACK TO NORMAL,

THE ONES WHO THINK WE SHOULDN'T WEAR MASKS; INTERESTING, ISN'T IT?

MR. SCHMITT: WELL, I'M SORRY YOU'RE NOT GOING TO

BE ABLE TO ENJOY A NICE MEAL OUT TO EAT, I TELL YOU, I CERTAINLY HAVE BEEN

IN THE LOCAL RESTAURANTS TRYING TO HELP THEM STAY ALIVE IN THE HUDSON

VALLEY.

MR. DINOWITZ: I'M NOT SURE WHAT --

MR. SCHMITT: BUT I'M NOT SURE WHAT THAT HAS TO DO

WITH PEOPLE BEING ABLE TO PAY THEIR RENT AND BEING ABLE TO BE HELD

ACCOUNTABLE FOR THEIR OBLIGATIONS. WE HAVE -- PEOPLE ARE SUPPOSED TO

BE RESPONSIBLE FOR THEIR OBLIGATIONS. THE STATE IS SAYING BUSINESSES

CAN BE REOPENED. PEOPLE ARE GOING TO BE BACK TO WORK. WE ARE HAVING

THIS FUNDING THAT'S ALREADY BEEN APPROVED THROUGH THE BUDGET PROCESS.

I MEAN, IT JUST -- IT SEEMS LIKE THERE SHOULD BE A POINT WHEN ENOUGH'S

ENOUGH. BUT THANK YOU, SIR, FOR ANSWERING THE QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER FALL: ON THE BILL.

MR. SCHMITT: MR. SPEAKER, I STRONGLY URGE

COLLEAGUES TO OPPOSE THIS LEGISLATION. IT SEEMS TO BE AN ARBITRARY DATE,

IN MY OPINION. I THINK THAT WE SEE THE STATE IS REOPENING IN DAYS TIME.

A LOT OF THE RESTRICTIONS HAVE BEEN LIFTED, WILL BE LIFTED BY THAT TIME.

PEOPLE HAVE MORE THAN ENOUGH OPPORTUNITY WITH THE FEDERAL EVICTION

GUIDELINES, IT'S SOMETHING THAT WE SHOULD BE TAKING A LOOK AT SERIOUSLY.

WE ALSO NEED TO BE LOOKING AT ALMOST EVERY NEIGHBORING STATE TO NEW

YORK IS ALREADY MANY MONTHS INTO DISTRIBUTING THE FEDERAL FUNDS TO

NYS ASSEMBLY MAY 3, 2021

ASSIST LANDLORDS AND TENANTS WITH BACK RENT AND WITH RENT RELIEF.

THERE'S NO REASON WHY NEW YORK STATE SHOULD NOT HAVE THAT MONEY

GETTING OUT THERE, GETTING OUT THERE, FREELY FLOWING, HAVING A PROCESS TO

GET THAT MONEY OUT THERE WHEN ALMOST EVERY ONE OF OUR NEIGHBORING

STATES HAS ALREADY DONE THAT AND ALREADY DONE IT FOR QUITE A LONG TIME. I

CERTAINLY WOULD ENCOURAGE MOVING FORWARD. ANY LEGISLATION TO EXTEND

THE EVICTION MORATORIUM BE TIED TO WHAT THE FEDERAL GOVERNMENT'S

DOING AND TIED TO OUR REOPENING. THANK YOU. I WILL BE VOTING NO.

ACTING SPEAKER FALL: THANK YOU, MR.

SCHMITT.

MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

YIELD?

ACTING SPEAKER FALL: DO YOU YIELD, MR.

SPONSOR?

MR. DINOWITZ: I WILL.

ACTING SPEAKER FALL: THE SPONSOR YIELDS.

MR. RA: THANKS. SO I JUST WANTED TO GO THROUGH A

COUPLE OF THINGS HERE AND PLEASE CORRECT ME IF I'M MISSTATING THIS, BUT

YOU MENTIONED A COUPLE OF DIFFERENT, YOU KNOW, KIND OF REASONS

BEHIND THIS BILL. ONE IS THE OBVIOUS ONE THAT, YOU KNOW, WE WANT TO

PREVENT PEOPLE FROM BEING EVICTED DURING THE PANDEMIC, BUT YOU ALSO

MENTIONED OUR COURTS AND NOT HAVING A FLOOD OF EVICTIONS HAPPENING AT

ONCE, AND THEN CERTAINLY HAVING ADEQUATE TIME FOR RESOURCES TO GO OUT

THE DOOR THAT THE FEDERAL GOVERNMENT HAS -- HAS, YOU KNOW, PROVIDED

NYS ASSEMBLY MAY 3, 2021

FOR US THROUGH THE RECENT AMERICAN RECOVERY ACT. AND I WANTED TO

JUST GO THROUGH PIECES OF THOSE QUICKLY IF I COULD, BUT AM I CORRECT,

THOSE ARE REALLY THREE MAIN PURPOSES BEHIND THIS BILL OR REASONS BEHIND

PUTTING THIS FORWARD?

MR. DINOWITZ: YES. I MEAN, I THINK IF I WANTED TO

GIVE YOU A SIMPLE EXPLANATION IS WE DON'T WANT PEOPLE OUT ON THE

STREETS AND WE DON'T WANT PEOPLE TO DIE, BUT YES.

MR. RA: SURE. OKAY. SO JUST WITH REGARD TO, YOU

KNOW, THE COURTS AND WE'VE TALKED ABOUT THIS MANY TIMES. I KNOW

YOU'RE VERY FAMILIAR AND HAVE BEEN PART OF, YOU KNOW, HEARINGS AND ALL

KINDS OF THINGS ABOUT THE COURTS GETTING BACKED UP AND OBVIOUSLY THIS

IS SOMETHING YOU'VE BEEN INVOLVED IN FOR MANY YEARS THROUGH YOUR

ROLES IN CHAIRING COMMITTEES HERE. BUT I MEAN, WOULD IT NOT MAKE

SENSE TO MAYBE TAKE A LOOK AT WHAT WE'VE SEEN OVER THE LAST FEW

MONTHS IN THIS AND MAYBE, YOU KNOW, TIGHTEN SOME OF THE RESTRICTIONS

IF THERE HAVE BEEN ISSUES WITH PEOPLE TAKING ADVANTAGE OF IT? BECAUSE

AT THE END OF THE DAY, WE'RE TAKING A DATE AND WE'RE CHANGING IT, SO

WE'RE NOT CHANGING THE FACT THAT AT SOME POINT ALL OF THOSE CASES COULD

GET FILED AT ONCE, WE'RE JUST CHANGING THE DATE, ARE WE NOT?

MR. DINOWITZ: WE'RE CHANGING THE DATE, BUT THE

HOPE IS THAT MANY OF THOSE CASES WILL, IN ESSENCE, DISAPPEAR AS

LANDLORDS RECEIVE BACK RENT MONEY. SO THERE WOULDN'T BE A NEED FOR AN

EVICTION IN THOSE CASES, THAT'S THE HOPE AND EXPECTATION.

MR. RA: OKAY. AND SO ALONG THOSE LINES, IF YOU --

YOU KNOW, ARE WE SETTING OURSELVES UP FOR A SITUATION BY GOING TO A

NYS ASSEMBLY MAY 3, 2021

DATE THREE MONTHS IN THE FUTURE THAT NOW -- AND LOOK, I AGREE

COMPLETELY. IT'S NOT ANY OF WHAT WE'RE DOING. YOU KNOW, WE CERTAINLY

SHOULD DO ALL WE CAN TO PUSH THAT PROCESS ALONG SO THAT FUNDING GOES

OUT THE DOOR, BUT IT'S NOT, YOU KNOW, UP TO ANY OF US TO SAY WHAT THE

TIME FRAME SHOULD BE OR DEFEND A TIME FRAME THAT COULD TAKE MONTHS

AND MONTHS INTO THE FUTURE, ESPECIALLY WHEN WE'RE SEEING OTHER STATES

BEING ABLE TO MOVE FASTER ON THIS. BUT ARE WE NOT PUTTING OURSELVES IN

A SITUATION WHERE, YOU KNOW, THE APPROPRIATE AGENCIES NOW LOOK AND

SAY, OKAY, WE HAVE UNTIL AUGUST 31ST TO TAKE CARE OF THIS SO -- SO NO

RUSH TO GET EVERYTHING UP AND RUNNING?

MR. DINOWITZ: WELL, YOU'RE ASSUMING THAT

EVERYBODY WHO WORKS FOR WHATEVER AGENCY WE'RE TALKING ABOUT, I

ASSUME OTDA IS THE AGENCY, YOU'RE ASSUMING THAT EVERYBODY IS LAZY

AND WILL PUT OFF UNTIL TOMORROW WHAT THEY CAN DO TODAY. IT'S -- WE'VE

BEEN TOLD THAT THEY EXPECT -- THEY HOPE AND EXPECT TO START GETTING

MONEY OUT OF THE DOOR WITHIN A MONTH. BUT THAT DOESN'T MEAN ALL OF IT'S

GOING TO HAPPEN WITHIN A MONTH. AND BY THE WAY, IT'S A FOUR MONTH

EXTENSION NOT A THREE MONTH EXTENSION. SO THINGS -- NOTHING HAPPENS

AS QUICKLY AS WE LIKE, BUT I THINK IT'S WELL WORTH DOING THIS IN ORDER TO

ACHIEVE THE GOALS WHICH I HOPE WE ALL SHARE.

MR. RA: WELL, I THINK WE DO SHARE THE GOALS AND,

BELIEVE ME, I'M NOT AT ALL CASTING ANY ASPERSIONS ON THE STAFF AT THE

AGENCY. I THINK THAT THEY WILL DO AS DIRECTED, BUT MY CONCERNS ARE

MUCH FURTHER UP THE LADDER, AS WE'VE SEEN THROUGHOUT THIS PANDEMIC,

YOU KNOW, THAT SHOTS ARE BEING CALLED THAT AREN'T NECESSARILY ALLOWING

NYS ASSEMBLY MAY 3, 2021

AGENCIES TO DO WHAT'S IN THEIR -- WHAT'S IN THEIR CHARGE. SO -- AND I

AGREE 100 PERCENT WITH THE END GOAL BECAUSE THE THING WE ALWAYS HAVE

TO REMEMBER, WE'RE TALKING ABOUT EVICTIONS WHICH ARE, YOU KNOW, A

REMEDY FOR A LANDLORD, BUT THE RENTAL SIDE OF IT WE KNOW AT THE END OF

THE DAY, THE RENT IS STILL DUE. AND WHETHER IT WAS, YOU KNOW,

DECEMBER 31ST, YOU KNOW, APRIL 30TH, MARCH -- MAY 1ST, AUGUST 31ST,

AT THE END OF THE DAY THOSE TENANTS STILL OWE THAT RENT. AND WHAT WE'RE

TALKING ABOUT HERE IS EXTENDING AN EVICTION MORATORIUM THAT PREVENTS A

LANDLORD FROM PURSUING THE REMEDY OF EVICTION AS A RESULT OF

NONPAYMENT OF THE RENT.

SO I THINK THAT THOSE GOALS CERTAINLY, WE WANT THEM TO

ALIGN AND, LOOK, I HOPE THAT'S THE CASE, I HOPE THAT WE START TO GET THAT

MONEY OUT THE DOOR TO LANDLORDS, THEY'RE ABLE TO JUST SAY, OKAY, I'M

GOOD, I'M WHOLE, AND THEY CAN MOVE FORWARD AND HOPEFULLY MANY OF

THOSE CASES THAT WOULD BE PENDING IN OUR COURTS DON'T HAVE TO HAPPEN.

I THINK THAT'S A GREAT GOAL. I DO HAVE CONCERNS WITH THE LENGTH OF TIME

WE'RE PUSHING THIS OUT BECAUSE I DO THINK WE HAVE THE ABILITY TO

REEVALUATE THIS ON A FREQUENT BASIS. AND NOBODY WANTS TO BE IN

SESSION IN AUGUST, LIKE YOU SAID, BUT WE ARE IN A POSITION THAT WE'RE

RESPONDING TO AN UNPRECEDENTED SITUATION. WE DO HAVE THE ABILITY TO

MEET REMOTELY, WHICH HAS CERTAINLY HELPED IN OUR ABILITY TO HANDLE

THINGS.

BUT I WANT TO ASK, REGARDING ONE OTHER PIECE OF THIS,

YOU KNOW, AND AS IT PERTAINS TO THIS EXTENSION, THERE WAS A PROVISION IN

THIS STATUTE THAT WAS CREATED A FEW MONTHS BACK REGARDING THE ABILITY OF

NYS ASSEMBLY MAY 3, 2021

A -- OF A LANDLORD TO EVICT SOMEBODY IF THEY'RE VIOLATING THEIR LEASE BY

PERSISTENTLY AND UNREASONABLY ENGAGING IN BEHAVIOR THAT SUBSTANTIALLY

INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS OR OCCUPANTS OR

CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS. NOW, YOU KNOW,

SUBSTANTIALLY OR PERSISTENTLY I THINK TO ME WOULD MEAN IT'S SOMETHING

THAT IS AN ONGOING ISSUE BUT, YOU KNOW, IS YOUR INTENTION THAT THAT

WOULD HAVE TO BE SOMETHING THAT'S TAKING PLACE NOW DURING THIS NEW

PERIOD IF A LANDLORD, SAY, WERE TO GO AND TRY TO FILE AN EVICTION AND SAY,

THIS PERSON IS NOT DOING THE RIGHT THING AND THEY SHOULDN'T BE ELIGIBLE

FOR THIS HARDSHIP?

MR. DINOWITZ: IF -- IF THERE ARE TENANTS, AND THERE

ARE SOME, WHO ARE, LIKE, REALLY BAD TENANTS WHO ARE BEING DESTRUCTIVE,

WHO ARE AFFECTING A VERY NEGATIVE WAY THE LIFE OF OTHERS, WE PUT THAT

PROVISION IN THERE INITIALLY BECAUSE WE RECOGNIZE THAT ON OCCASION,

THERE ARE SUCH TENANTS AND WE WANTED THE LANDLORDS TO HAVE A REMEDY

IN THOSE EXCEPTIONAL SITUATIONS. SO IF -- IF YOU DO HAVE, YOU KNOW,

TERRIBLE TENANTS, THEY ARE COMMITTING CRIMES OUT OF THEIR APARTMENT,

SELLING DRUGS, I MEAN, IT COULD BE ANY ONE OF A NUMBER OF THINGS, THE

LANDLORD WILL STILL HAVE THE ABILITY TO PURSUE AN EVICTION DESPITE THE

EVICTION MORATORIUM. SO IT WAS OUR INTENTION TO MAKE SURE THAT THERE

WERE REMEDIES IN THOSE SITUATIONS AND THEN THEY COULD STILL PURSUE THAT.

MR. RA: OKAY, BUT --

MR. DINOWITZ: BOTH DURING THE FIRST FOUR MONTHS

AND NOW IN THE -- FROM HERE -- FROM NOW UNTIL THE END OF AUGUST.

MR. RA: OKAY. NOW WHAT IF -- WHAT IF, SAY, YOU HAD

NYS ASSEMBLY MAY 3, 2021

-- BECAUSE ONE OF THE SITUATIONS THAT WE'RE ENCOUNTERING, AND THIS IS A

SOURCE OF FRUSTRATION TO MANY, IS THERE ARE SITUATIONS WHERE TENANTS

WERE ACTUALLY, YOU KNOW, THERE WERE ORDERS OF EVICTION ISSUED PRIOR TO

ALL THIS, GOING BACK BEFORE LAST MARCH. AND THEY HAVE NOW -- THOSE

LANDLORDS HAVE NOW BEEN CAUGHT UP IN THIS, AND WHAT ABOUT A TENANT OR

A LANDLORD IN THAT SITUATION WHERE THEY HAD A BAD TENANT BEFORE ALL OF

THIS AND NOW THEY'RE UTILIZING THIS AS A WAY TO -- TO NOT LEAVE THE

PREMISES? AND FROM WHAT I'VE SEEN, I'VE HAD CONSTITUENTS THAT I'VE

SPOKEN WITH AND I HAVE ACTUALLY LOOKED AT, YOU KNOW, COURT DOCUMENTS

AND JUDGES ARE OBVIOUSLY VERY, VERY RELUCTANT TO, YOU KNOW, EXERCISE

THIS BECAUSE, YOU KNOW, THEY DON'T WANT TO BE THE ONE PUTTING

SOMEBODY OUT IN THE MIDDLE OF THIS CRISIS.

MR. DINOWITZ: WELL, I CAN'T SPEAK TO WHETHER A

JUDGE IS RELUCTANT TO DO SOMETHING, BUT THE JUDGE CERTAINLY -- AND THE

LANDLORDS, THEY CERTAINLY HAVE THE TOOLS AVAILABLE TO DEAL WITH SUCH AN

ISSUE WHEN YOU HAVE A TERRIBLE, TERRIBLE TENANT. WE GIVE THE TOOLS IN

THIS BILL BY NOT PREVENTING EVICTIONS IN THOSE CASES. YOU KNOW, WHAT A

JUDGE DOES, I CAN'T SAY. THAT'S -- THAT, YET, IS ANOTHER BRANCH OF

GOVERNMENT.

MR. RA: SURE. AND -- BUT I THINK THAT IS SOMETHING

THAT WE REALLY NEED TO THINK ABOUT, YOU KNOW, GOING FORWARD AND YOU

SAID I HOPE AND I KNOW YOU SAID IT'S YOUR INTENTION THAT WE'RE NOT HERE

IN AUGUST PUSHING THIS DATE FORWARD ONCE AGAIN, AND I HOPE WE WON'T

BE FOR ANY NUMBER OF REASONS, BOTH ON THE POLICY SIDE AND CERTAINLY

BECAUSE, YOU KNOW, SAY SOMETHING HAS GOTTEN -- STARTED TRENDING BACK

NYS ASSEMBLY MAY 3, 2021

IN THE WRONG DIRECTION. SO THANK YOU, MR. DINOWITZ.

MR. DINOWITZ: YOU'RE WELCOME.

MR. RA: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. YOU KNOW, JUST

QUICKLY, LIKE I SAID, WE'RE GOING BACK TO LAST MARCH HERE, AND THERE ARE

SITUATIONS THAT I THINK MANY OF US HAVE HEARD ABOUT, HAVE BEEN COVERED

IN THE NEWS WHERE LANDLORDS HAVE HAD TENANTS THAT THEY WERE ABLE TO

GET JUDGMENTS OF EVICTION, IT MAY HAVE NOTHING TO DO WITH RENT, LIKE I

SAID, AND NOW THEY'VE BEEN CAUGHT UP IN THIS. I HAD ONE THAT THE TENANT

WAS SUPPOSED TO BE OUT BY MARCH 27, 2020, IS STILL THERE, NOT PAYING

ANY RENT, CAUSING ALL KINDS OF DISRUPTION TO OTHER TENANTS AT THE

PREMISES. AND, YOU KNOW, THIS LANDLORD CAN'T FIND ANY REMEDY. I THINK

WE ALL SHARE THE GOAL OF KEEPING PEOPLE SAFE, AND I THINK WE ALL SHARE

THE GOAL OF HOPEFULLY MOVING THIS FUNDING FORWARD TO HELP MAKE THE

LANDLORDS WHOLE AND HOPEFULLY THAT PREVENTS THIS FLOOD OF CASES THAT

COULD COME ABOUT WHENEVER IN THE FUTURE THIS -- THIS STATE COMES

ABOUT, THAT THE EVICTION MORATORIUM ENDS.

BUT I THINK TWO THINGS WE ALWAYS HAVE TO REMEMBER

IS, NUMBER ONE, WE ARE, AT THE END OF THE DAY, KEEPING A SITUATION

WHERE WHENEVER THAT DAY COMES THAT THAT MONEY IS OWED AND, NUMBER

TWO, I THINK WE'RE REALLY MAKING IT DIFFICULT FOR MANY MOM AND POP

SMALL LANDLORDS WHO DON'T OWN MANY, MANY BUILDINGS, THEY OWN A

BUILDING OR TWO. IT'S, YOU KNOW, I'VE HAD AN OPPORTUNITY TO SPEAK TO

INDIVIDUALS AND THEY LOOK AT, YOU KNOW, THIS WAS AN INVESTMENT FOR

NYS ASSEMBLY MAY 3, 2021

THEM. THIS WAS A WAY - AND MANY OF THEM ARE IMMIGRANT FAMILIES - TO

START TO BUILD SOME REAL ESTATE HOLDINGS, SOME WEALTH FOR THEIR FAMILIES

THAT THEY'RE GOING TO BE ABLE TO PASS ALONG TO THE NEXT GENERATION, AND

IT'S -- IT'S VANISHING FOR THEM DURING THIS PANDEMIC, UNFORTUNATELY. AND

I THINK THAT THIS AND REALLY SO MANY OF THE THINGS THAT WE DO IN THE AREA

OF -- OF LANDLORDS AND TENANTS AND SOME OF THE BILLS WE PASSED A COUPLE

OF YEARS AGO AND SOME OF THE THINGS THAT ARE STILL OUT THERE AS PROPOSALS,

WELL, THEY'RE SOLD AS GOING AFTER THE BIG, BAD, CORPORATE LANDLORD THAT

OWNS ALL THESE BUILDINGS AND EVERYTHING ELSE. AT THE END OF THE DAY,

THEY'RE PROBABLY GOING TO HAVE TO RESULT IN CONCENTRATING MORE OF THE

REAL ESTATE IN THE HANDS OF THOSE ENTITIES AND HAVING LESS IN THE HANDS OF

SOME FAMILY WHO IS ABLE TO BUY A BUILDING. MAYBE THEY EVEN WERE A

TENANT IN THAT BUILDING AT SOME POINT AND THEY WERE ABLE TO BUY IT AND

THEY'RE TRYING TO PUT THEMSELVES ON SOLID FINANCIAL GROUND GOING

FORWARD AND WE'RE MAKING IT MORE DIFFICULT FOR THEM.

SO WHILE I -- I CERTAINLY AGREE WITH THE INTENTION OF

KEEPING PEOPLE FROM BEING EVICTED, I THINK WE CAN FIND BETTER WAYS OF

MAKING SURE WE MOVE THIS MONEY OUT THE DOOR, WE HELP OUR LANDLORDS

WITHOUT FURTHER HURTING OUR MOM AND POP LANDLORDS AND, FOR THAT

REASON, I'M GOING TO BE CASTING MY VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

MR. DINOWITZ: YES, I WILL.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

NYS ASSEMBLY MAY 3, 2021

MR. LAWLER: THANK YOU, MR. DINOWITZ. I JUST

WANT TO FOLLOW UP QUICKLY ON A LINE OF QUESTIONING BASED ON YOUR

COMMENTS TO SOME OF MY COLLEAGUES WITH RESPECT TO VACCINATIONS. DO

YOU BELIEVE EVERY ONE IN NEW YORK STATE SHOULD BE VACCINATED?

MR. DINOWITZ: NOT THAT IT'S RELEVANT NECESSARILY,

BUT SINCE I BROUGHT IT UP, I BELIEVE EVERYBODY WHO IS MEDICALLY

CAPABLE OF BEING VACCINATED SHOULD BE VACCINATED. OF COURSE, THE --

YOU KNOW, THERE'S AN AGE LIMIT RIGHT NOW WHICH WE HAVE TO ADHERE TO

BUT, YES, THAT'S WHAT I BELIEVE.

MR. LAWLER: AND JUST QUICKLY, WHY?

MR. DINOWITZ: BECAUSE FEWER PEOPLE WILL DIE.

MR. LAWLER: OKAY. SO IF SOMEBODY IS FULLY

VACCINATED AND THAT WILL HELP PREVENT DEATH, UNDER -- UNDER YOUR

THEORY, WHY WOULD THEY BE AT SEVERE HEALTH RISK OF COVID IF THEY'RE

FULLY VACCINATED?

MR. DINOWITZ: BECAUSE THE VACCINE DOESN'T 100

PERCENT PROTECT PEOPLE FROM CATCHING COVID. IT'S HIGHLY EFFECTIVE. IF

YOU'RE VACCINATED, IT'S MUCH LESS LIKELY YOU CAN CONTRACT COVID, BUT

IT'S NOT IMPOSSIBLE. AND IF YOU CATCH IT, YOU CAN SPREAD IT.

MR. LAWLER: OKAY. BUT IF A WHOLE HOUSEHOLD IS

FULLY VACCINATED, WOULD YOU AGREE THAT THEY ARE MUCH LESS LIKELY TO BE

AT SEVERE HEALTH RISK BECAUSE OF COVID?

MR. DINOWITZ: YES.

MR. LAWLER: OKAY. SO JUST A FEW QUICK

QUESTIONS. DO YOU KNOW HOW MUCH MONEY IS STILL LEFT UNSPENT FROM

NYS ASSEMBLY MAY 3, 2021

LAST YEAR'S RENTAL ASSISTANCE PROGRAM?

MR. DINOWITZ: I BELIEVE IT'S A SIGNIFICANT PORTION

OF IT, WHICH I THINK IS UNACCEPTABLE, BUT I DO BELIEVE A LOT OF MONEY HAS

STILL GONE UNSPENT.

MR. LAWLER: OKAY. I JUST, FOR THE RECORD, I

BELIEVE IT'S ABOUT $53 MILLION THAT'S UNSPENT.

MR. DINOWITZ: THAT'S SIGNIFICANT.

MR. LAWLER: NO QUESTION. THE NEW

APPROPRIATION, DO YOU KNOW HOW MUCH THAT'S FOR?

MR. DINOWITZ: I BELIEVE THE STATE IS RECEIVING

$2.3 BILLION.

MR. LAWLER: AND HAS ANY OF THAT MONEY BEEN

DISBURSED?

MR. DINOWITZ: NOT THAT I'M AWARE OF, BUT I

COULDN'T TELL YOU FOR SURE.

MR. LAWLER: OKAY. I BELIEVE YOU'RE CORRECT, FOR

THE RECORD. DOES THIS BILL IN ANY WAY SUSPEND PROPERTY TAX PAYMENTS

FOR THOSE LANDLORDS WHO ARE IMPACTED BY THE EVICTION MORATORIUM?

MR. DINOWITZ: THE LANDLORDS WOULD HAVE THE

ABILITY TO BENEFIT FROM A MORATORIUM ON TAX LIENS, JUST AS TENANTS WOULD

HAVE THE ABILITY TO BENEFIT FROM A MORATORIUM ON RENTS.

MR. LAWLER: OKAY. DO YOU -- I KNOW EARLIER YOU

SAID YOU HOPE NOT AND YOU DON'T NECESSARILY ANTICIPATE IT, BUT CAN YOU

RULE OUT EXTENDING THIS MORATORIUM PAST AUGUST 31ST AT THIS POINT?

MR. DINOWITZ: IF ONLY I KNEW THE FUTURE, I WOULD

NYS ASSEMBLY MAY 3, 2021

BE BRILLIANT, BUT I DON'T KNOW THE FUTURE. I CERTAINLY HOPE THERE'S NO

EXTENSION. I DON'T ANTICIPATE THERE BEING AN EXTENSION. I DON'T THINK

ANYBODY IS CONTEMPLATING THAT, BUT COULD I 100 PERCENT -- WITH 100

PERCENT CERTAINTY SAY THAT THAT WOULD NEVER HAPPEN? I DON'T THINK ANY

OF US COULD SAY THAT ABOUT THIS OR ANYTHING ELSE.

MR. LAWLER: OKAY. SO JUST BASED ON OUR TRACK

RECORD SO FAR, WE EXTENDED THIS IN DECEMBER FOR THE FIRST FOUR MONTHS

OF THE YEAR. WE'RE NOW EXTENDING IT FOR THE NEXT FOUR MONTHS. SO

THEORETICALLY, IT'S POSSIBLE THAT WE COULD EXTEND THIS THROUGH DECEMBER

31ST OF 2021; WOULD YOU AGREE WITH THAT?

MR. DINOWITZ: WELL, THEORETICALLY IT'S POSSIBLE WE

COULD EXTEND IT 'TIL DECEMBER 31, 2030, BUT I DON'T THINK ANYBODY

BELIEVES THAT'S GOING TO HAPPEN. THE $2.3 BILLION WAS IN THE BUDGET

THAT WE JUST PASSED A FEW WEEKS AGO, SO THERE WILL BE -- THERE SHOULD

BE ENOUGH TIME TO GET THE MONEY OUT AND THAT SHOULD BE A -- THE

HIGHEST OF PRIORITIES FOR OTDA.

MR. LAWLER: WELL, AS WE'VE SEEN MANY TIMES IN

THE STATE OF NEW YORK, THINGS ARE ALLOCATED IN THE BUDGET AND THE

MONEY SOMEHOW NEVER TRICKLES OUT, SUCH AS THE JOSEPH P. DWYER

PEER-TO-PEER PROGRAM FOR OUR VETERANS.

MR. DINOWITZ: WELL, SOMETIMES THAT'S THE CASE

AND SOMETIMES IT'S NOT THE CASE. HOPEFULLY IN THIS INSTANCE IT WON'T BE

THE CASE.

MR. LAWLER: OKAY. BUT JUST BASED ON THE FACT

THAT WE'VE NOW, THIS WOULD BE THE SECOND TIME WE'RE EXTENDING IT FOUR

NYS ASSEMBLY MAY 3, 2021

MONTHS, IT'S POSSIBLE THAT WE WOULD EXTEND THROUGH THE END OF THE YEAR.

MR. DINOWITZ: WELL, IT'S THE FIRST TIME WE'RE

EXTENDING IT, NOT THE SECOND TIME. IT'S THE SECOND TIME WE'RE PASSING A

MORATORIUM, BUT IT'S THE FIRST TIME WE'RE ACTUALLY EXTENDING IT BEYOND

THE INITIAL TIME.

MR. LAWLER: SO FOUR MONTHS THE FIRST TIME, THIS

TIME WOULD BE AN EXTENSION OF FOUR MONTHS, SO IT STANDS TO REASON

POTENTIALLY ANOTHER FOUR MONTHS. WHAT HAPPENS WHEN WE DO FINALLY

END THE MORATORIUM, WHETHER IT'S AUGUST 31ST OR SOMETIME IN THE

FUTURE AND SOMEONE CAN'T PAY THEIR RENTAL ARREARS, WHAT -- WHAT

HAPPENS?

MR. DINOWITZ: WELL, FIRST OF ALL, WE DID PASS A

LAW LAST YEAR THAT I WAS THE MAIN SPONSOR OF CALLED THE TENANT SAFE

HARBOR ACT AND I BELIEVE UNDER THAT LAW, TENANTS WILL BE SUBJECT TO A

MONETARY JUDGMENT. WHEN SOMEBODY OWES MONEY IT JUST DOESN'T GO

AWAY BECAUSE THEY DON'T PAY IT IMMEDIATELY. IT'S POSSIBLE THERE WILL BE

SOME PEOPLE THAT ARE EVICTED SOMEHOW. THAT'S NOT SOMETHING THAT ANY

OF US WOULD RELISH, OBVIOUSLY, I THINK WE BELIEVE THAT WE'RE GOING TO BE

ABLE TO RESOLVE MOST OF THESE CASES. WE'RE NOT TALKING ABOUT

ELIMINATING THE FINANCIAL OBLIGATION. THIS BILL IS NOT AN EMPTY

TWO-WORD SLOGAN ON WHAT'S SUPPOSED TO HAPPEN WITH RENT. THIS IS A

REAL PIECE OF LEGISLATION THAT IS GOING TO PROTECT PEOPLE WHILE, AT THE

SAME TIME, ATTEMPTING TO MAKE THE LANDLORDS WHOLE. AND IF WE CAN

ACCOMPLISH THOSE TWO GOALS, AND I BELIEVE WE CAN, THAT WOULD BE A

HUGE VICTORY FOR THE STATE OF NEW YORK. AND THE MAIN WAY WE'RE

NYS ASSEMBLY MAY 3, 2021

GOING TO DO IT IS BASED ON THE $2.3 BILLION THAT WE ALL ALLOCATED IN THE

STATE BUDGET.

MR. LAWLER: SO I KNOW YOU MADE REFERENCE TO

EMPTY RHETORIC, OBVIOUSLY WE'VE ALL HEARD THE SLOGAN "CANCEL THE RENT."

DO YOU SUPPORT THAT, ARE YOU OPPOSED TO THAT EFFORT TO CANCEL THE RENT?

MR. DINOWITZ: I DON'T EVEN KNOW WHAT CANCEL

RENT MEANS. WHAT I DO KNOW IS THAT I DON'T WANT PEOPLE, ESPECIALLY

PEOPLE -- POOR -- YOU KNOW, PEOPLE AT THE LOW END OF THE ECONOMIC

SCALE, POOR PEOPLE, THROWN OUT ON TO THE STREET. I'M NOT ADVOCATING THAT

PEOPLE'S FINANCIAL OBLIGATIONS BE ERASED, BUT WE ARE, IN ESSENCE,

STEPPING INTO -- INTO THEIR SHOES BY MAKING SURE THAT MANY PEOPLE'S

RENTS CAN BE PAID AND THAT THE LANDLORDS AREN'T PUT OUT OF BUSINESS IN

SOME CASES. WE'RE TRYING TO DO A LOT OF THINGS AT THE SAME TIME. AS FAR

AS A SLOGAN, A SLOGAN IS JUST THAT, A SLOGAN. I'M TRYING TO GET SOMETHING

REAL DONE HERE. I WANT TO GET SOMETHING DONE THAT'S GOING TO HELP

PEOPLE AND I BELIEVE MOST PEOPLE WOULD BE SUPPORTIVE OF THIS AROUND

THE STATE.

MR. LAWLER: OKAY. SO JUST TO -- JUST TO CLARIFY,

YOU WOULD NOT SUPPORT AN EFFORT BY SOME TO ELIMINATE THE OBLIGATION

FOR -- FOR INDIVIDUALS WHO HAVE ENTERED INTO A CONTRACT WILLINGLY TO PAY

RENT, YOU WOULD NOT SUPPORT THE EFFORT TO CANCEL THAT.

MR. DINOWITZ: I HAVE NOT -- I DON'T KNOW WHAT THE

FUTURE HOLDS. I HAVE NOT SUPPORTED --

ACTING SPEAKER AUBRY: GENTLEMEN, COULD WE

-- I UNDERSTAND THE WANDERING AROUND IN THESE ISSUES, BUT CAN WE DIRECT

NYS ASSEMBLY MAY 3, 2021

OURSELVES TO THE ISSUES ON THE BOARD AS OPPOSED TO THE LARGER DISCUSSION

ABOUT THE BILL IN THE PAST? I'D APPRECIATE IT.

MR. LAWLER: THANK YOU, MR. SPEAKER, BUT I

WOULD RESPECTFULLY JUST ARGUE THAT THIS BILL DOES, IN FACT, MAKE AN EFFORT

TO CANCEL THE RENT, SO I DO THINK IT IS RELEVANT.

ACTING SPEAKER AUBRY: THEN THE SPONSOR'S

POSITION ON IT IS IRRELEVANT IF YOU ALREADY BELIEVE THAT.

MR. LAWLER: OKAY. ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. LAWLER: VERY SIMPLY, WE WANT TO HELP THOSE

WHO NEED IT. AND FOR OVER A YEAR NOW, WE HAVE BEEN DOING THAT. BUT

THERE DOES COME A POINT WHERE WE NEED TO HAVE INDIVIDUALS TAKING

RESPONSIBILITY AND ACCOUNTABILITY FOR THE CONTRACTS THAT THEY HAVE

ENTERED INTO. AND SHAME ON NEW YORK STATE AND THE INCOMPETENT

GOVERNMENT THAT WE HAVE IN THIS STATE THAT WE HAVE $53 MILLION IN

UNSPENT FUNDS FROM LAST YEAR AND $2.3 BILLION IN UNSPENT FUNDS FROM

THIS YEAR THAT ARE NOT IN THE HANDS OF TENANTS AND CERTAINLY NOT IN THE

HANDS OF LANDLORDS, AND HAVE CREATED A SITUATION WHERE THIS BILL IS EVEN

BEING CONSIDERED.

THE BOTTOM LINE IS THAT MONEY NEEDS TO GET OUT AND IT

NEEDED TO GET OUT YESTERDAY. OUR GOVERNOR TALKS ABOUT INCOMPETENT

GOVERNMENT KILLING PEOPLE. IT CERTAINLY HAS KILLED PEOPLE IN THIS STATE

AND IT HAS MADE A SITUATION WHERE PEOPLE CANNOT AFFORD TO PAY THEIR

BILLS, CANNOT AFFORD TO PAY THEIR RENT, CANNOT AFFORD TO OPERATE THEIR

BUSINESSES. AND THE BOTTOM LINE IS MOST PEOPLE WHO OWN PROPERTY IN

NYS ASSEMBLY MAY 3, 2021

THIS STATE ARE INDIVIDUALS, THEY'RE MOM AND POPS, THEY'RE NOT THE BIG,

BAD, EVIL CORPORATIONS. IT'S OUR FRIENDS, OUR NEIGHBORS, OUR

CONSTITUENTS, MANY OF WHOM HAVE SUFFERED FOR OVER A YEAR NOW AND

THEY STILL HAVE THEIR OBLIGATIONS, THEY STILL HAVE TO KEEP THE POWER ON.

THEY STILL HAVE TO KEEP THE HEAT ON AND, YET, THEY'RE NOT BEING PAID.

SO AT A CERTAIN POINT, WE NEED TO HAVE ACCOUNTABILITY.

I ASK ANYBODY IN THIS CHAMBER WHETHER THEY COULD HAVE SURVIVED AN

ENTIRE YEAR WITHOUT A SALARY, WITHOUT INCOME. FORTUNATELY FOR EVERYONE

IN THIS CHAMBER, THEY DID NOT. BUT MANY OF OUR MOM AND POPS, MANY

OF OUR CONSTITUENTS WHO RELY ON THIS RENT AS INCOME TO LIVE HAVE. THE

GOVERNOR AND THIS BODY HAVE CRIPPLED OUR ECONOMY HERE IN NEW YORK

AND NOW AFTER SO MANY MONTHS OF EXECUTIVE EDICTS AND NONSENSICAL

GUIDELINES WHICH ARE NOT BASED ON SCIENCE, WHICH WERE BASED ON

POLITICS THEN AND ARE NOW BEING BASED ON POLITICS AGAIN AS THEY'RE

BEING LIFTED, WHO KNOWS? MAYBE THE MAY 17TH DATE THAT THE GOVERNOR

JUST ANNOUNCED, MAYBE THAT'S THE DAY THE AG WILL COME OUT WITH HER

REPORT. MAYBE HE'S PLANNING AHEAD.

THE BOTTOM LINE IS WE NEED TO OPERATE IN GOOD FAITH.

NO LANDLORD WANTS TO KICK A TENANT OUT WHO IS MAKING A GOOD FAITH

EFFORT TO PAY THEIR BILLS. THEY WOULD MUCH PREFER THE INDIVIDUAL WHO IS

LIVING THERE BE ABLE TO CONTINUE LIVING THERE AND BE ABLE TO CONTINUE

PAYING THEIR BILLS AND ENSURE THAT THEIR PROPERTY IS FULLY RENTED. SO THE

BOTTOM LINE HERE IS THIS: THIS BILL IS AN ATTEMPT TO CANCEL THE RENT. IT IS

AN ATTEMPT TO NOT HOLD PEOPLE ACCOUNTABLE FOR THEIR OBLIGATIONS, AND IT'S

A SHAMEFUL REMINDER OF THE INCOMPETENT GOVERNMENT WE HAVE THAT HAS

NYS ASSEMBLY MAY 3, 2021

LEFT $53 MILLION UNSPENT FROM LAST YEAR AND $2.3 BILLION UNSPENT FROM

THIS YEAR WITH NO END IN SIGHT. AND MARK MY WORDS, SINCE WE'RE

OPERATING ON ZOOM, WE'LL BE BACK SEPTEMBER 1ST TO EXTEND THIS

THROUGH THE END OF THE YEAR BECAUSE WE HAVE AN INCOMPETENT

GOVERNMENT.

SO WITH THAT, MR. SPEAKER, I VOTE NO.

ACTING SPEAKER AUBRY: MR. ANGELINO.

MR. ANGELINO: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: SURE.

MR. ANGELINO: THANK YOU, SIR. MANY OF MY

QUESTIONS HAVE BEEN ASKED AND ANSWERED BY MY COLLEAGUES, BUT I DO

HAVE A COUPLE. I'VE HEARD YOU SAY AND I'VE HEARD MY COLLEAGUES SAY A

COUPLE TIMES THAT THE GOAL IS TO GET THE HANDS INTO THE -- THE MONEY INTO

THE HANDS OF OUR LANDLORDS. IN THAT PROCESS, DOES THE MONEY FIRST HAVE

TO GO THROUGH THE TENANT'S HANDS?

MR. DINOWITZ: NO.

MR. ANGELINO: IS THERE A PROCESS THAT -- I'VE

LOOKED, I HAVEN'T SEEN A PROCESS THAT THE MONEY GOES DIRECT TO THE

LANDLORDS. YOU ARE AWARE THAT THERE IS A POLICY FOR THAT?

MR. DINOWITZ: MY UNDERSTANDING IS THAT THE

LANDLORD WOULD ESSENTIALLY HAVE TO ASK FOR THE MONEY AND ESSENTIALLY

SO WOULD THE TENANT, BUT THE TENANT DOESN'T TOUCH THE MONEY. CONTRARY

NYS ASSEMBLY MAY 3, 2021

TO WHAT MANY PEOPLE HAVE BEEN SAYING, YOU KNOW LIKE, PEOPLE HAVE

SAID, WELL, HOW DO WE KNOW THE TENANT IS GOING TO SPEND THE MONEY ON

RENT INSTEAD OF A, YOU KNOW, A WIDE SCREEN TV OR SOMETHING --

MR. ANGELINO: THAT'S EXACTLY WHAT I'VE HEARD.

MR. DINOWITZ: -- THAT'S NOT THE CASE, THAT'S NOT

HOW IT'S GOING TO WORK.

MR. ANGELINO: SO IS -- DOES -- THERE IS SOMETHING

THOUGH WHERE THE TENANT HAS TO CERTIFY THAT THEY ARE IN DIRE STRAIGHTS IN

ORDER TO RECEIVE THIS. SO THERE IS SOME DEPENDENCY ON THE -- THE TENANT

TO DO SOMETHING FOR THE LANDLORD TO GET THE MONEY?

MR. DINOWITZ: WELL, FIRST OF ALL, IN THE EVICTION

MORATORIUM, THE TENANT HAS TO SIGN, UNDER PENALTY OF PERJURY, THE

HARDSHIP DECLARATION. BUT I BELIEVE THE PROCESS, AND I CAN

DOUBLE-CHECK THAT, BUT I BELIEVE THE PROCESS IS THAT THERE IS A TENANT

INVOLVEMENT IN THE MONEY, BUT NOT IN TERMS OF THE TENANT GETTING THE

MONEY --

MR. ANGELINO: VERY WELL, THANK YOU.

MR. DINOWITZ: -- THE LANDLORD GETTING IT.

MR. ANGELINO: ALSO, IF FOR SOME REASON A TENANT

DURING THE PANDEMIC WAS LIVING UNDER THE EVICTION MORATORIUM AND NOT

PAYING RENT AND HAS SINCE MOVED AND NOW HAS NEW LODGING SOME

PLACE, CAN THE LANDLORD STILL RECOUP SOME OF HIS FUNDS; IS THERE A

REMEDY FOR THAT?

MR. DINOWITZ: I BELIEVE THERE IS AND I BELIEVE THAT

MAY BE ONE OF THE SUBJECTS OF ANOTHER PIECE OF LEGISLATION THAT'S GOING

NYS ASSEMBLY MAY 3, 2021

TO COME BEFORE US VERY, VERY SOON.

MR. ANGELINO: WELL THAT'S GOOD NEWS, THANK YOU.

AND FINALLY, THIS IS SOMETHING THAT CAME UP WHEN MY COLLEAGUE FROM

NASSAU COUNTY WAS ASKING YOU QUESTIONS, THE EMERGENCY EVICTIONS FOR

-- FOR EGREGIOUS ACTIVITY AND CRIME IN AN APARTMENT BUILDING, IF THERE IS

SUCH AN ABILITY FOR AN EMERGENCY EVICTION, HOW DOES THAT HAPPEN IF THE

COURTS ARE CLOSED? WILL THE COURTS OPEN UP FOR AN EMERGENCY SITUATION,

IF YOU KNOW.

MR. DINOWITZ: I DON'T THINK THE COURTS ARE TOTALLY

CLOSED. I MEAN, THERE IS ACTIVITY IN THE COURTS. I KNOW JUDGE DIFIORE

ANNOUNCED RECENTLY THAT THE COURTS STATEWIDE, AT LEAST THE PERSONNEL,

ARE GOING TO HAVE TO ALL BE AT WORK IN PERSON AT A DATE WHICH I THINK

TAKES PLACE IN A FEW WEEKS DURING THIS MONTH. BUT I THINK THE REAL

CONCERN IS IF ALL OF THESE EVICTION CASES, AND WE KNOW THERE COULD BE AT

LEAST 40,000, PROBABLY A LOT MORE, IF THEY ALL HAPPEN AT ONCE AND IF

TENANTS HAVE TO START FLOODING THE COURTS, YOU KNOW, THAT'S OBVIOUSLY A

VERY BIG PROBLEM.

MR. ANGELINO: YES, AND HOPEFULLY THERE WON'T BE

A LOT OF EVICTIONS IF WE GET THIS MONEY INTO THE HANDS OF THE LANDLORDS.

THANK YOU, MR. SPONSOR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

ANGELINO.

MR. ANGELINO: THANK YOU. LANDLORDS NEED TO

GET THIS MONEY NOW. THERE'S BILLIONS OF DOLLARS SITTING AND MILLIONS OF

NYS ASSEMBLY MAY 3, 2021

DOLLARS LEFT OVER FROM LAST YEAR AND THEY NEED THIS MONEY TO PAY THEIR

UTILITY BILLS, TO DO BUILDING MAINTENANCE AND ALSO, OF COURSE, TO PAY

THEIR NEVER-ENDING TAXES. AND HOPEFULLY THERE ISN'T NEEDED TO BE AN

ATTACHMENT TO A FORMER TENANT FOR THEM TO GET IT. I'VE BEEN GETTING

SERIOUS COMPLAINTS THAT THEY'RE WORRIED THAT IF A TENANT DOESN'T

COOPERATE WITH THE PROCESS THEY'RE NOT GOING TO GET THEIR MONEY.

BUT THE BOTTOM LINE IS OFFICE OF TEMPORARY DISABILITY

AND ASSISTANCE NEEDS TO GET THIS MONEY OUT THE DOOR, ONTO THE STREETS

AND INTO THE HANDS OF THOSE WHO NEED IT. THE -- THIS -- IF THAT MONEY

WAS OUT THERE IN A TIMELY FASHION THAT THEY'VE BEEN -- THAT THEY'VE BEEN

BANKED ON FOR MONTHS, WE WOULDN'T EVEN NEED THIS MORATORIUM ON

RENT. AND FOR THOSE REASONS AND MANY MORE THAT MY COLLEAGUES HAVE

BROUGHT UP, I'LL BE VOTING IN THE NEGATIVE AND I URGE MY COLLEAGUES TO

DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ANGELINO.

MR. WALCZYK.

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

THE SPONSOR BE SO KIND AS TO YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: I'D BE DELIGHTED.

MR. WALCZYK: THANK YOU. LOOKING AT THE -- AT

THE LANGUAGE OF BOTH THE BILL AND THE AMENDMENT HERE, WE USE THE TERM

"LANDLORDS." WHY DO WE CALLED THEM LANDLORDS?

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: I PREFER TO CALL THEM "LAND

PEOPLE," BUT THAT'S AN OLD TERM THAT'S BEEN USED. SOME PEOPLE LIKE TO

CALL THEM PROPERTY OWNERS.

MR. WALCZYK: OKAY. THANK YOU.

MR. DINOWITZ: I THINK WE ALL KNOW WHO WE MEAN

BY "LANDLORDS."

MR. WALCZYK: I APPRECIATE IT. I THINK I DO HAVE A

GOOD IDEA AND I WOULD LOVE TO HAVE A SIDEBAR CONVERSATION AT SOME

POINT IN THE -- IN THE FUTURE ABOUT THE USE OF THE TERM. LOOKING AT THE

HARDSHIP DECLARATION SECTION, WHO'S NOT ELIGIBLE? IF SOMEONE, AND I

WAS LOOKING AT THE INCOME SECTION, IF YOUR INCOME INCREASED OVER THE

LAST YEAR, SAY YOU GOT -- YOU'RE ON FIXED INCOME AND YOU GOT A COUPLE

OF CHECKS FROM THE FEDERAL GOVERNMENT THAT INCREASED YOUR INCOME

OVER THE LAST YEAR, DOES THAT MAKE YOU INELIGIBLE TO MAKE THAT HARDSHIP

DECLARATION?

MR. DINOWITZ: I BELIEVE -- WELL, FIRST OF ALL, I DON'T

HAVE THE DECLARATION IN FRONT OF ME, BUT I BELIEVE YOU HAVE HAD TO HAVE

HAD A NEGATIVE IMPACT FINANCIALLY OR HEALTHWISE; ESSENTIALLY THOSE ARE

THE TWO THINGS. IF YOUR INCOME HAS GONE WAY UP AND YOU'VE REMAINED

HEALTHY AND YOU DON'T NEED HELP MOVING, I DON'T KNOW THAT YOU WOULD

BE ELIGIBLE. NOT EVERYBODY IS ELIGIBLE FOR THE HARDSHIP DECLARATION. IT'S

VERY CLEAR ON THE DECLARATION ITSELF WHO QUALIFIES, AND IT ALSO INDICATES

THAT YOU BETTER BE TELLING THE TRUTH IF YOU'RE GOING TO SIGN THAT.

MR. WALCZYK: YEAH, I APPRECIATE THAT, AND I

APPRECIATE THAT CLARIFICATION, AS WELL. MY READ SORT OF JUST GENERICALLY

NYS ASSEMBLY MAY 3, 2021

AND SO I CAN UNDERSTAND THIS AND COMMUNICATE IT TO PROPERTY OWNERS OR

SCHOOL FUNDERS OR AS THEY'RE CALLED IN THE LEGISLATION, "LANDLORDS" IN MY

DISTRICT, IF SOMEONE IS SINGLE UNDER 65 WITH NO UNDERLYING MEDICAL

CONDITIONS AND THEIR INCOME ACTUALLY WENT UP BECAUSE OF FEDERAL

STIMULUS CHECKS, FOR EXAMPLE, OVER THE LAST YEAR, THEY CANNOT DECLARE A

HARDSHIP, RIGHT, BY THIS LEGISLATION?

MR. DINOWITZ: I DON'T -- WELL, I'M JUST FINDING THE

EXACT WORDING, WHICH I PRETTY MUCH KNOW BUT I JUST WANT TO MAKE SURE

I'M NOT MISSING ANYTHING -- HERE IT IS. IT SAYS, "I'M EXPERIENCING

FINANCIAL HARDSHIP AND I'M UNABLE TO PAY MY RENT OR OTHER FINANCIAL

OBLIGATIONS UNDER THE LEASE IN FULL, OR OBTAIN SUITABLE PERMANENT

HOUSING BECAUSE OF ONE OR MORE OF THE FOLLOWING," AND THEN IT LISTS, IT

SAYS, "LOSS OF HOUSEHOLD INCOME, INCREASED EXPENSES, INCREASE IN

NECESSARY OUT-OF-POCKET EXPENSES RELATED TO PERFORMING ESSENTIAL WORK

OR RELATED HEALTH IMPACT," SO YOUR INCOME COULD HAVE GONE UP, BUT

BECAUSE OF OTHER THINGS LISTED HERE, YOUR, I GUESS YOUR REAL INCOME AND

YOUR ABILITY TO PAY COULD HAVE ACTUALLY BEEN DIMINISHED, "CHILD CARE

RESPONSIBILITIES, RESPONSIBILITIES FOR TAKING CARE OF AN ELDERLY OR

DISABLED OR SICK FAMILY MEMBER HAVE NEGATIVELY IMPACTED MY ABILITY

TO OBTAIN MEANINGFUL EMPLOYMENT." SO THERE'S A NUMBER OF THINGS

LISTED HERE BUT, ESSENTIALLY, IF YOU'RE ASKING IF SOMEBODY'S INCOME HAS

GONE WAY UP AND THERE'S NO OTHER NEGATIVE FACTORS INVOLVED, THEN I

WOULD SUGGEST THEY DON'T SIGN A HARDSHIP DECLARATION.

MR. WALCZYK: OKAY. THANK YOU. AND THROUGH

YOU, MR. SPEAKER, IF YOU'D ALLOW JUST A LITTLE BIT OF LATITUDE ON THIS NEXT

NYS ASSEMBLY MAY 3, 2021

QUESTION, AND IF THE SPONSOR WOULD CONTINUE TO YIELD.

ACTING SPEAKER AUBRY: WE'LL LISTEN TO THE

QUESTION BEFORE I GIVE YOU A LATITUDE.

(LAUGHTER)

MR. WALCZYK: THANK YOU, MR. SPEAKER. SO THE

NEXT QUESTION -- IT REALLY HAS TO DO WITH, AND SOME TOUCHED ON THE

TIMELINE OF BEING IN AUGUST. SO I KNOW THIS IS OUT OF THE PURVIEW OF

THIS LEGISLATION, BUT CERTAINLY IN THE RELEVANCE OF ALL GOVERNANCE AND

THE IMPACT OF THIS LEGISLATION IS WHEN DO WE ANTICIPATE, THROUGH YOU,

MR. SPEAKER, THAT THE JUDICIAL BRANCH WILL BE UP AND ACTIVE AND

HANDLING A LOT OF THESE PROCEEDINGS THAT WERE ALREADY BEFORE THE COURTS

BEFORE THE PANDEMIC, AND THE ONES THAT ARE ALL PILED ON. DO WE

ANTICIPATE THAT THOSE WILL BE CUED UP, THAT ACTION WILL BE TAKEN, THAT,

YOU KNOW, PROPERTY OWNERS, THAT HOUSING PROVIDERS WILL BE ABLE TO FILE

THOSE ACTIONS PRIOR TO AUGUST? OR, YOU KNOW, IF YOU'VE GOT A BUM

TENANT, WHEN IS THE FIRST POSSIBLE DATE THAT YOU'LL BE ABLE TO KICK THEM

OUT?

MR. DINOWITZ: IF -- IF YOU -- ANY -- WELL, NOT

BEFORE AUGUST 31ST EXCEPT IN THE CASE OF THAT EXCEPTION THAT WAS IN THE

ORIGINAL BILL WHICH IS PART OF THIS BILL, THEREFORE. THE ONLY THING

DIFFERENT BETWEEN THIS BILL AND THE FIRST BILL, OTHER THAN ADDING THAT

COMPONENT FROM ASSEMBLYMEMBER BRONSON'S BILL, IS WE CHANGED MAY

1ST TO AUGUST 31ST IN A FEW DOZEN LOCATIONS. SO IN TERMS OF WHETHER

THE UNDERLYING WORDING OF THIS BILL IS APPROPRIATE, WE'VE ALREADY

DEBATED THAT, BUT I'M HAPPY TO TALK ABOUT IT AGAIN. IF YOU'RE ASKING IF

NYS ASSEMBLY MAY 3, 2021

THIS IS GOING TO GO ON BEYOND A CERTAIN DATE, I SURE HOPE NOT. I DON'T

SEE ANY REASON WHY THAT WOULD HAPPEN. YOU KNOW, THE COURTS IN

DIFFERENT COUNTIES MIGHT BE BACK TO NORMAL IN DIFFERENT PACES. I'M

DON'T REMEMBER, I'M NOT SURE -- WHAT'S YOUR COUNTY?

MR. WALCZYK: I'VE GOT NORTHERN JEFFERSON AND ST.

LAWRENCE COUNTIES THAT I LOVINGLY REFER TO AS THE FRONT YARD OF

AMERICA.

MR. DINOWITZ: OKAY. WELL, IN THE FRONT YARD OF

AMERICA, I'M WILLING TO GO OUT ON A LIMB AND SAY THAT YOU DON'T HAVE A

WHOLE LOT OF CASES RELATIVE TO WHAT WE EXPERIENCE IN THE CITY OF NEW

YORK, FOR EXAMPLE, IN THE BRONX AND BROOKLYN AND IN OTHER BOROUGHS,

SO SOME COURTS MAY BE IN A POSITION TO GET BACK TO SOME SEMBLANCE OF

NORMALCY MORE QUICKLY THAN OTHER COURTS. AND SO IT MAY VARY FROM

PLACE TO PLACE. AND I'M NOT JUST SAYING NEW YORK CITY, IT COULD BE --

IT COULD BE, YOU KNOW, ERIE COUNTY COURTS, FOR EXAMPLE, OTHER

LOCATIONS. SO WE HAVE TO BE IN A POSITION WHERE WE'RE NOT GOING TO

HAVE A DELUGE ON THE COURTS WHEREBY PEOPLE WILL BE, ON AN ONGOING

BASIS, THROWN OUT OF THEIR APARTMENT.

MR. WALCZYK: YEAH, I APPRECIATE --

MR. DINOWITZ: (INAUDIBLE) -- HELPING TO TAKE CARE

OF ALL THESE PROBLEMS.

MR. WALCZYK: I APPRECIATE THAT, AND CERTAINLY

HOPE IT'S THE CASE -- I HOPE, YOU KNOW, NO OFFENSE TO YOU, THROUGH THE

SPEAKER, THAT THIS BILL FAILS TODAY, BUT IF IT IS SUCCESSFUL, I HOPE THAT IS

THE CASE.

NYS ASSEMBLY MAY 3, 2021

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. WALCZYK: SO "LIFE, LIBERTY, AND LAND."

THESE WERE NATURAL OR INALIENABLE RIGHTS THAT THOMAS JEFFERSON

BORROWED FROM JOHN LOCKE AND, ACTUALLY, IN THE FIRST DRAFT -- WE'RE

USED TO "LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS," YOU'RE ALL, YOU

KNOW, WELL-FAMILIAR WITH THE TERMS. IT STARTED OUT IN EUROPE AS "LIFE,

LIBERTY, AND LAND." AND EUROPE IS ALSO WHERE WE TOOK THAT TERM

"LANDLORD," YOU KNOW, AN EVOLUTION OF THE FIEFDOMS OF OLD. WE'RE

CERTAINLY NOT TALKING ABOUT LORDS OF LANDS OR LADIES OF LANDS HERE.

WE'RE TALKING ABOUT -- WELL, LET'S GIVE THEM SOME OTHER -- LET'S GIVE

THEM SOME OTHER TERMS BECAUSE I THINK IT'S REALLY EASY IN THE

BOURGEOISIE PROLETARIAT ARGUMENTS TO DEMONIZE THESE PEOPLE. BUT THEY

FUND YOUR SCHOOLS. WE COULD CALL THEM -- INSTEAD OF LANDLORDS, WE

COULD CALL THEM SCHOOL FUNDERS BECAUSE THEY'RE THE ONES THAT PAY THE

TAX BILL. WE COULD CALL THEM PROPERTY TAXPAYERS, I KNOW YOUR LOCAL

GOVERNMENTS DO. WE COULD CALL THEM HOUSING PROVIDERS, WE COULD CALL

THEM NEW YORK'S CAPITAL INVESTORS, BECAUSE THESE ARE PEOPLE WHO ARE

ESSENTIALLY BUYING A BOND FOR THE GOVERNMENT, THEY'RE BONDING IT RIGHT

TO THE GROUND AND THEY'RE SAYING, I WILL PAY PROPERTY TAXES EVERY SINGLE

YEAR, THIS IS MY AGREEMENT WITH YOU, AND I'LL PROVIDE THIS -- THIS

HOUSING FOR NEW YORK STATE CONSTITUENTS. WE COULD CALL THEM LAWFUL

CONTRACTEES. WE COULD CALL THEM VICTIMS DENIED DUE PROCESS. WE

COULD CALL THEM VICTIMS OF THEFT THROUGHOUT THIS PANDEMIC.

SO I COULDN'T BUT HELP BUT HEAR, MR. SPEAKER, IN THE

NYS ASSEMBLY MAY 3, 2021

LAST, YOU KNOW, FEW MINUTES OF DEBATE, FIVE MONTHS AGO I STOOD HERE

WITH WHAT LOOKED TO BE A CRYSTAL BALL AND I SAID THIS WAS ABOUT

CANCELING RENT, BUT I WAS ASSURED, YOU KNOW, WE ONLY NEEDED TO GET TO

MAY 1ST. ONCE THE VACCINE IS IN ORDER, ONCE PEOPLE -- ONCE WE'RE

COMING OUT OF THIS, THIS ISN'T ABOUT CANCELING RENT, THEY TOLD ME RIGHT

HERE IN THIS CHAMBER, THIS ISN'T ABOUT CANCELING RENT, WE JUST GOT TO GET

THROUGH THIS NEXT THING. ONCE WE GET TO MAY 1ST, WE'LL BE FINE. WELL,

HERE WE ARE TODAY TALKING ONCE AGAIN ABOUT CANCELING RENT. THIS ISN'T

ABOUT COVID. AND I'M WORRIED, BECAUSE I'VE HEARD A LOT OF THE

RHETORIC THROUGHOUT THIS CHAMBER AND I THINK THERE'S A SHIFT IN MENTALLY

WHERE THESE LANDLORDS -- WELL, LET ME -- LET ME SHARE A QUOTE FOR THE

GOOD OF THE BODY, MR. SPEAKER, "THE THEORY OF THE COMMUNISTS MAY

BE SUMMED UP IN ONE SINGLE SENTENCE: ABOLITION OF PRIVATE PROPERTY."

THAT WAS KARL MARX, WHO IS FAMILIAR TO MANY IN THIS CHAMBER. YOU

MAY THINK THAT YOU'RE ATTACKING THE BOURGEOISIE, BUT YOU'RE ACTUALLY

ATTACKING THE PROLETARIAT IN MOST CASES WITH THIS BILL IN NEW YORK

STATE.

THE U.S. CONSTITUTION ENABLES INDIVIDUALS TO ENTER

INTO CONTRACTS WITH EACH OTHER, THAT SAME UNITED STATES CONSTITUTION

THAT WE RAISED OUR RIGHT HAND AND SWORE TO UPHOLD. WE UPHOLD

CONTRACTS. AS A GOVERNMENT WE UPHOLD CONTRACTS, WE DON'T GET INTO THE

MIDDLE OF THEM AND DECIDE AFTER THE CONTRACT IS LAID DOWN, WHICH SIDE

IS THE MOST FAIR THESE DAYS AND, WELL, THIS ONE SEEMS UNFAIR TEMPORARILY

SO LET'S GIVE THIS SIDE OF THE CONTRACT AN EDGE UP IN WHAT SEEMS IN

PERPETUITY, OR AT LEAST IN MULTIPLE MONTHS AT A TIME.

NYS ASSEMBLY MAY 3, 2021

HERE'S ANOTHER ONE THAT I ENJOY, BEFORE I CLOSE, MR.

SPEAKER, AND THAT IS, "COMMUNISM IS NOT LOVE, COMMUNISM IS THE

HAMMER WHICH WE USE TO CRUSH THE ENEMY," AND THAT ONE IS FROM

CHAIRMAN MAO. MR. SPEAKER, I WILL BE VOTING NO ON THIS BILL.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO I'M A PRETTY SIMPLE PERSON AND

WHEN I LOOK AT BILLS I ASK MYSELF THREE QUESTIONS: DO WE NEED THE BILL,

HOW MUCH DOES IT COST, AND WHO'S GOING IT PAY FOR IT? THAT'S -- THAT'S

REALLY HOW I APPROACH MOST OF THESE BILLS. SO I'M GOING TO ASK A

DIFFERENT QUESTION TODAY: WHO EXACTLY IS THIS BILL DESIGNED TO HELP?

CERTAINLY NOT THE LANDLORDS, OR AS MY COLLEAGUE CAME UP WITH SOME

REALLY GREAT OTHER NAMES, I'M GOING TO SAY HOUSING PROVIDERS, YOU

KNOW, IS IT SUPPOSED TO HELP THEM? MY PREVIOUS SPEAKER TALKED A LITTLE

BIT ABOUT DIFFERENT NAMES THAT YOU COULD GIVE LANDLORDS, DIFFERENT

ALTERNATIVE NAMES, PROPERTY TAXPAYERS, I LOVED IT.

I'M GOING TO PUT A VERY HUMAN NAME ON A LOCAL PERSON

IN MY DISTRICT WHO IS A HOUSING PROVIDER. HIS NAME IS JOE TRONKO. I

TALKED TO HIM LAST WEEK FOR A BETTER PART OF AN HOUR. HE HAS WORKED FOR

30 YEARS AND HE STOCKS SHELVES FOR A LOCAL GROCERY CHAIN. AND HE HAS

ACCUMULATED A COUPLE OF RENTAL PROPERTIES, SINGLE-FAMILY HOMES OVER

HIS 30 YEARS AS INVESTMENTS. AND HE WAS REALLY UPSET LAST WEEK WHEN I

NYS ASSEMBLY MAY 3, 2021

SPOKE WITH HIM BECAUSE HE HAS A TENANT WHO WAS HAVING SOME TROUBLE

PAYING HER RENT FOR A FEW MONTHS, WELL, IT WOULD HAVE BEEN TOWARDS THE

END OF 2019. SHE WAS GOING TO BE LATE ON A COUPLE OF PAYMENTS, WAS

HAVING SOME TROUBLE, SO HE WAS WORKING WITH HER. AND THEN COVID

STARTED, REALLY STARTED, AND HE HASN'T RECEIVED ANY RENT AT ALL FROM HER IN

15 MONTHS. AND HE SAID SOMETHING I THOUGHT WAS KIND OF INTERESTING,

HE SAID, YOU KNOW, LAST WEEK I WORKED 40 HOURS A WEEK AND THEN I

WORKED AN EXTRA 20 OVERTIME TO PAY FOR THE FACT THAT SHE'S NOT PAYING

HER RENT, BECAUSE HIS -- HIS TAX BILLS ARE STILL DUE, HE WENT IN AND HE

PAID HIS SCHOOL TAXES, HE PAID HIS PROPERTY TAXES, BUT HE -- HE -- HE'S

STUCK. HE'S STUCK. I MEAN, I FEEL -- I REALLY FEEL FOR HIM AND NOW WE'RE

GOING TO MAKE HIM AND COUNTLESS OTHERS LIKE HIM WAIT UNTIL THE END OF

AUGUST BEFORE HE CAN REALLY EVEN ACCESS THE COURTS. THERE'S BEEN SOME

DISCUSSION, I THINK FROM PLACE TO PLACE COURTS ARE OPEN OR NOT OPEN OR

VIRTUAL OR NOT. HE HASN'T BEEN ABLE TO EVEN GET INTO COURT. AND WHAT

HE WAS OWED STARTED EVEN BEFORE COVID STARTED. EVEN WHEN THE

COURTS ARE OPEN, THIS IS A VERY LENGTHY PROCESS TO EVICT AND HE MADE A

REAL POINT OF TELLING ME THAT HE DOESN'T WANT TO BE IN COURT TO EVICT

ANYBODY. HE WANTS TO TRY TO WORK WITH HIS TENANTS AND HE HAS

SUCCESSFULLY WORKED WITH HIS TENANTS OVER MANY YEARS. AND HE DOES,

BECAUSE ONCE HE FINDS A GOOD TENANT, IF THEY HIT UPON A HARD COUPLE OF

MONTHS OR A HARD TIME, HE REALLY WANTS TO WORK WITH THAT PERSON

BECAUSE HE WANTS TO KEEP GOOD PEOPLE IN THE HOMES THAT HE OWNS.

SO CLEARLY THIS BILL IS NOT HELPING PEOPLE LIKE MR.

TRONKO. YOU KNOW, HE -- HE POINTED OUT TO ME THAT THERE IS SOME

NYS ASSEMBLY MAY 3, 2021

TENANTS, AND HE SUSPECTS THAT THIS LADY MIGHT BE ONE OF THEM, WHO

REALLY HASN'T HAD AN INTERRUPTION IN HER INCOME. SOME PEOPLE RECEIVE

MONEY THAT HASN'T BEEN IMPACTED REALLY BY -- BY COVID. MAYBE

THEY'RE GETTING SOCIAL SECURITY DISABILITY, MAYBE THEY HAVE -- THEY JUST

HAVE AN INCOME STREAM THAT HAS NOT BEEN IMPACTED, BUT AS HAS BEEN

POINTED OUT, YOU KNOW, IF YOU CHECK THAT BOX ON THAT HARDSHIP

APPLICATION, YOU'RE KIND OF ON THE HONOR SYSTEM. THERE'S REALLY NO WAY

TO VET THAT OUT.

SO MAYBE THERE HAVE BEEN -- THE SPONSOR INDICATED

MAYBE 40,000 PEOPLE WHO HAVE FILED THE HARDSHIP APPLICATION, I DON'T

HAVE THE EXACT NUMBER, I DON'T KNOW HOW MANY PEOPLE THAT IS, BUT I

THINK IT'S NOT UNREASONABLE TO THINK THAT THERE ARE SOME PEOPLE WHO

CHECK THAT BOX WHO DIDN'T NEED TO CHECK THAT BOX. YOU KNOW, LAST

WEEK OUR CONFERENCE HELD A PRESS CONFERENCE TO SPEAK WITH HOUSING

PROVIDERS THAT ARE FROM ALL AROUND THE STATE, FROM BUFFALO TO LONG

ISLAND, THE FINGER LAKES REGION, THE CAPITAL REGION, ALL OVER THE PLACE,

AND THEY WERE -- THEY WERE ALL PRETTY MUCH SAYING THE SAME THING THAT

THE GENTLEMAN I SPOKE WITH LAST WEEK SAID. AND ONE LADY SAID, WHO

WAS A LOCAL PERSON, SHE SAID, YOU KNOW, I REALLY KIND OF DON'T BLAME

PEOPLE IF THEY DON'T HAVE TO PAY THAT RENT IN A GIVEN MONTH, THEY'RE

GOING TO TAKE IT AND THEY'RE GOING TO SPEND IT ON OTHER THINGS. AND,

YOU KNOW, THAT WAS SOMETHING COMING FROM HER SEEING AS THAT SHE WAS

THE PERSON WHO WAS OWED THAT MONEY.

SO IF THIS BILL WASN'T DESIGNED TO HELP THE LANDLORDS OR

THE HOUSING PROVIDERS, WAS IT DESIGNED THEN TO HELP THE TENANTS? WELL,

NYS ASSEMBLY MAY 3, 2021

THE SPONSOR SAID THAT IT ABSOLUTELY WAS INTENDED TO HELP THE TENANTS, BUT

ARE WE REALLY HELPING THE TENANTS WITH THIS PIECE OF LEGISLATION THAT

ALLOWS PEOPLE TO CONTINUE TO NOT PAY RENT, EVEN A PORTION OF IT, BECAUSE

THE BILL DOESN'T REQUIRE THAT THEY PAY A CERTAIN AMOUNT. IT ENCOURAGES

THEM TO, BUT IT DOESN'T REQUIRE THEM TO DO IT. THAT STIMULUS MONEY THAT

THEY GOT, THEY DON'T HAVE TO PAY THAT OVER TO THE LANDLORD, THEY CAN JUST

ALLOW IT TO ACCUMULATE AND ACCUMULATE AND ACCUMULATE. HOW IS THAT

COMPASSIONATE TO TENANTS TO ALLOW IT TO SNOWBALL AND ACCUMULATE TO THE

POINT WHERE WHEN IT FINALLY DOES BECOME DUE, THERE ARE GOING TO BE SO

MANY PEOPLE WHO ARE GOING TO BE COMPLETELY OVER THEIR HEAD. AND WE

KNOW FROM OTHER BILLS THAT WE'VE PASSED REGARDING UTILITY PAYMENTS

THAT THE SAME THING IS BEING ALLOWED TO HAPPEN WITH UTILITY PAYMENTS.

THEY'RE JUST GROWING AND GROWING AND GROWING. WE HEARD LAST WEEK

OR SO WHEN WE DEBATED A DIFFERENT BILL THAT APPLICATIONS FOR HEAP, FOR

THE HOUSING ASSISTANCE PROGRAM, ARE REALLY AT A LOW BECAUSE IF PEOPLE

DON'T HAVE TO PAY THEIR UTILITY BILLS AT ALL, WHAT DO THEY CARE IF THEY FILE

AN APPLICATION TO REDUCE THAT PAYMENT THAT THEY'RE NOT PAYING ANYWAY?

SO WE'RE ALLOWING THE RENT TO ACCUMULATE, THROUGH

OTHER BILLS AND LEGISLATION WE'RE ALLOWING THE UTILITY PAYMENTS TO

ACCUMULATE, HOW IS THAT HELPFUL TO PEOPLE? IT IS NOT. WE'RE PUTTING

TENANTS IN A REALLY BAD SITUATION BY ALLOWING THEM TO DEFER PAYMENT FOR

MONTH AND MONTHS AND MONTHS, AND THIS IS ALL GOING TO COME CRASHING

DOWN ON THEM. I REALLY THINK THAT IF THE STATE WANTED TO HELP PEOPLE

WHO COULDN'T PAY THEIR RENT, THEN THAT'S FINE, BUT TO DO IT ON THE BACKS OF

LANDLORDS, HOUSING PROVIDERS, MANY OF THEM SMALL MOM AND POPS, THIS

NYS ASSEMBLY MAY 3, 2021

HAS ALREADY BEEN STATED, OR TO DO IT IN SUCH A WAY THAT IT'S ALL GOING TO

COME CRASHING DOWN ON THE VERY INDIVIDUALS THAT THEY'RE SUPPOSED TO

BE TRYING TO HELP, IF THIS MONEY HAD BEEN -- THIS $53 MILLION THAT WAS

LEFT OVER FROM LAST YEAR, OR THE $2.3 BILLION THAT WE HAVE TO DISTRIBUTE, IF

THAT HAD BEEN DONE IN A TIMELY WAY, THAT WOULD HAVE BEEN A

RESPONSIBILE WAY FOR THE STATE TO ASSIST TENANTS WHO REALLY FOUND

THEMSELVES IN TRUE FINANCIAL HARDSHIP.

BUT I FIND THIS BILL, AS WELL-INTENTIONED AS IT MAY BE, TO

BE A POOR SOLUTION AND ONE THAT I THINK WILL RESULT, UNFORTUNATELY IN THE

END, IN MANY EVICTIONS THAT WILL BE LONG DELAYED AND NOT IN A WAY

THAT'S GOING TO BE HELPING THE LANDLORDS AND HOUSING -- THE SMALL

BUSINESS PEOPLE, REALLY, IN OUR STATE, THE LANDLORDS. AND FOR THOSE

REASONS, I'M NOT GOING TO BE ABLE TO SUPPORT THIS BILL, MUCH AS I DID THE

ORIGINAL BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR JUST A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MR DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: I CAN'T -- OH, I COULDN'T SEE WHO

WAS TALKING. YES.

MR. MANKTELOW: THANK YOU, MR. DINOWITZ.

EARLIER YOU SAID -- OR THERE WAS A QUESTION, YOU KNOW, HOW DID WE

COME UP WITH A DATE OF AUGUST 31ST. COULD YOU EXPOUND ON THAT? I

JUST WOULD LIKE TO KNOW, I GUESS.

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: I -- I CAN EXPAND UPON THAT. BUT I

DON'T KNOW WHAT ELSE I CAN SAY OTHER THAN SAY IT MORE SLOWLY TO EXPAND

IT. I THOUGHT THAT A SHORTER DURATION WAS NOT ENOUGH TIME TO GET THE

MONEY OUT. BUT I ALSO FELT THAT A LONGER DURATION WOULD HAVE BEEN

EXCESSIVE; THAT WE WANT TO MAKE SURE THIS HAPPENS AS QUICKLY AS

POSSIBLE BECAUSE WE ARE TRYING TO HELP BOTH TENANTS AND LANDLORDS, NOT

JUST LANDLORDS -- OR, EXCUSE ME, LAND PEOPLE.

MR. MANKTELOW: SO -- SO BASICALLY, YOU CAME

UP WITH THE DATE OF AUGUST 31ST.

MR. DINOWITZ: WELL, I'M SURE I WASN'T THE ONLY

ONE. I -- I DID HAVE DISCUSSIONS WITH MY SENATE COLLEAGUES, BUT THAT'S

THE DATE THAT WE HAD TALKED ABOUT AND THAT'S THE DATE THAT SEEMED TO BE

A SENSIBLE DATE.

MR. MANKTELOW: ALL RIGHT.

MR. DINOWITZ: NOT TOO LONG, NOT TOO SHORT. JUST

RIGHT.

MR. MANKTELOW: AS LONG AS IT STOPS ON AUGUST

31ST, I WOULD AGREE WITH THAT. SECOND QUESTION, MR. DINOWITZ, EARLIER

YOU SAID THAT YOU THOUGHT THE MONEY WILL BE HEADING -- GOING OUT IN

ABOUT A MONTH. THE 2. --

MR. DINOWITZ: WHAT I SAID WAS, IT'S MY

UNDERSTANDING, THAT THE MONEY'S GOING TO START TO GO OUT IN -- IN LIKE --

IN ABOUT A MONTH, YES.

MR. MANKTELOW: SO WHERE -- WHERE DID YOU GET

THAT UNDERSTANDING FROM? BECAUSE I -- I'VE BEEN LOOKING AND I -- I

NYS ASSEMBLY MAY 3, 2021

CAN'T FIND ANY INFORMATION ON WHEN THAT MONEY MAY GO OUT. SO IF YOU

WOULDN'T MIND, COULD YOU SHARE WITH ME HOW YOU CAME ABOUT WITH

THAT INFORMATION?

MR. DINOWITZ: THAT'S WHAT I'VE BEEN TOLD. I

HAVEN'T SEEN ANYTHING IN WRITING, IF THAT'S WHAT YOU'RE ASKING.

MR. MANKTELOW: YEAH, I -- I WAS JUST

WONDERING WHO TOLD YOU.

MR. DINOWITZ: WHO TOLD ME? IT'S MY EXPECTATION

FROM SPEAKING WITH ASSEMBLY STAFF, WAYS AND MEANS STAFF -- WELL,

STAFF, THAT -- THAT OTDA CAN START DISTRIBUTING THE MONEY HOPEFULLY IN

ABOUT A MONTH -- WITHIN THE MONTH, I SHOULD SAY.

MR. MANKTELOW: ALL RIGHT. PERFECT. I -- I

APPRECIATE THAT, AND THANK YOU FOR SHARING THAT WITH ME. YOU HAD SAID

EARLIER WHEN -- WHEN MY COLLEAGUE FROM THE FRONT YARD OF AMERICA

THAT -- YOU HAD MADE REFERENCE TO HIS COUNTIES BEING MORE RURAL, THAT

THERE'S A POSSIBILITY THAT THE NUMBERS MAY BE DOWN -- OR MAY BE MUCH

LESS IN OUR RURAL -- OUR RURAL COMMUNITIES --

MR. DINOWITZ: WELL, I DON'T THINK I MENTIONED THE

WORD RURAL, I JUST SAID I -- I THINK I SAID I'M GOING TO GO OUT ON A LIMB

AND SAY THAT THOSE COUNTIES HAVE, YOU KNOW, THE COURTS HAVE FEWER

CASES TO DEAL WITH.

MR. MANKTELOW: SO, YOU'VE LOOKED AT THOSE

NUMBERS FROM THE OTHER --

MR. DINOWITZ: NO, THAT'S WHY I SAID I'M GOING TO

GO OUT ON A LIMB AND SAY IT, I HAVEN'T LOOKED AT THE NUMBERS. BUT I

NYS ASSEMBLY MAY 3, 2021

THINK IT'S -- IT WOULDN'T BE A SHOCKER TO FIND OUT THAT THE COUNTIES THAT

WERE MENTIONED, I THINK THOSE ARE SMALLER COUNTIES POPULATION-WISE

AND THEREFORE PROBABLY HAVE MANY FEWER CASES.

MR. MANKTELOW: YEAH, I WOULD ABSOLUTELY --

MR. DINOWITZ: THE BRONX HAS A -- HAS ABOUT

ONE-AND-A-HALF MILLION PEOPLE.

MR. MANKTELOW: OH, ABSOLUTELY, AND I AGREE -- I

AGREE WITH YOU ON THAT INFORMATION. AND, YOU -- YOU KNOW, LOOKING --

TALKING ABOUT COUNTIES, WAS THERE ANY -- EVER ANY CONSIDERATION ABOUT

THE POSSIBILITY OF LETTING COUNTIES OPT IN OR OUT OF THIS?

MR. DINOWITZ: NO.

MR. MANKTELOW: HAVE YOU HAD A CHANCE TO -- TO

SPEAK TO ANY OF THE COUNTY REPS, COUNTY LEGISLATORS OR ADMINISTRATORS IN

OTHER COUNTIES, ESPECIALLY UPSTATE NEW YORK?

MR. DINOWITZ: I HAVEN'T SPOKEN TO COUNTY REPS,

NOR HAVE THEY SPOKEN TO ME.

MR. MANKTELOW: OKAY. SO, MOVING ON. I KNOW

IN OUR COUNTIES BACK HOME, A LOT OF OUR COUNTIES HAVE FORECLOSED

PROPERTIES THAT THEY WERE IN THE PROCESS OF FORECLOSING ON. THESE ARE

EMPTY HOMES. IF WE MOVE THIS BILL FORWARD, AGAIN, WE'RE GOING TO STOP

THAT FORECLOSURE PROCESS. EVEN THOUGH SOMEONE DOESN'T LIVE IN IT, THE

COUNTY DOES NOW OWN IT, IS THERE A WAY THAT WE CAN WORK AROUND THAT

SO WE DON'T CONTINUE TO CREATE ZOMBIE PROPERTIES?

MR. DINOWITZ: I'M TRYING TO REMEMBER IF THE BILL

HAD A -- HOW SIGNIFICANT ARE THE NUMBERS OF PROPERTIES THAT YOU'RE

NYS ASSEMBLY MAY 3, 2021

TALKING ABOUT?

MR. MANKTELOW: WELL, IT'S NOT SO MUCH -- AS

YOU SAID, IT'S NOT SO MUCH THE SIGNIFICANT OF PROPERTIES BECAUSE EVERY

COUNTY HAS MUCH LESS CITIZENS THAN YOU DO DOWN WHERE YOU LIVE. BUT

THE SIGNIFICANCE IS, THAT'S CAUSING THE TAXPAYERS TO PAY MORE TAXES

WITHOUT THE REVENUE OF THE SALE OF THOSE PROPERTIES. AND -- AND I WAS

WONDERING WHY THAT WASN'T CONSIDERED IN MOVING THIS BILL FORWARD. IF

IT'S NOT -- IT'S NOT KICKING ANYONE OUT OF A HOUSE, IT'S NOT ASK -- ASKING A

TENANT TO LEAVE, BUT AT THE SAME TIME --

MR. DINOWITZ: WELL, WE'VE MADE -- I MEAN, WE'VE

-- WE'VE MADE PROVISIONS IN HERE, SO THAT PROPERTY OWNERS HAVE THE

ABILITY TO APPLY FOR A MORATORIUM ON -- ON TAX -- ON THE -- THERE ARE TAX

LIENS. SO THAT'S -- TO THE EXTENT THAT WE'VE ADDRESSED THAT, THAT'S THE WAY

WE'VE ADDRESSED IT. BECAUSE WE DON'T WANT ANYBODY LOSING THEIR

PROPERTY BECAUSE -- EITHER BECAUSE THEY CAN'T PAY THEIR BANK OR BECAUSE

THEY CAN'T PAY THE GOVERNMENT THE TAXES THAT ARE DUE.

MR. MANKTELOW: BUT MR. DINOWITZ, SOME OF

THESE PROPERTIES WERE ALREADY -- ALREADY TAKEN PRIOR TO COVID AND

THEN ONCE COVID HIT, EVERYTHING WAS SHUT DOWN, THEN WE HAD THE

MORATORIUM ON FORECLOSURES. AND THE COUNTIES AREN'T ALLOWED TO MOVE

THIS PROCESS FORWARD EVEN THOUGH THEY'RE SITTING ON THE PROPERTIES AND

THERE IS NO ONE IN THESE HOMES OR PROPERTIES. AND I -- I WAS JUST

WONDERING IF WE COULD DO SOMETHING -- TO -- TO MAKE THAT A CHANGE AS

-- AS THESE COUNTIES ARE AGAIN STRUGGLING FOR FINANCIAL -- MONEY AS WELL

AND IT'S NOT ALLOWING THEM TO DO THEIR JOB AND IT'S JUST PUTTING A STOP ON

NYS ASSEMBLY MAY 3, 2021

THIS AND -- AND I'VE DEALT WITH ZOMBIE HOMES FOR MANY, MANY YEARS AT

THE COUNTY LEVEL. AND AGAIN, WE'RE STARTING TO LOOK AT MORE ZOMBIE

HOMES BECAUSE EVERY YEAR THAT THESE -- THAT THE COUNTIES CAN'T FORECLOSE

AND SELL THESE PROPERTIES, THEY SIT AGAIN. AND I WAS JUST WONDERING

WHY THAT WASN'T CONSIDERED IN THIS BILL.

MR. DINOWITZ: IT -- WELL, IT WASN'T. I CAN'T GIVE

YOU A WHY. IT WASN'T.

MR. MANKTELOW: ALL RIGHT. WELL, THANK YOU FOR

THAT ANSWER. JUST ONE LAST QUESTION. I KNOW WE TALKED ABOUT FINANCIAL

HARDSHIP. AND IN THE BUDGET WE PASSED $2.1 BILLION TO THE EXCLUDED

WORKERS FUND. NOW THAT THESE INDIVIDUALS ARE GETTING PART OF THAT $2.1

BILLION, DOES THAT CHANGE THEIR FINANCIAL HARDSHIP?

MR. DINOWITZ: IT -- I GUESS IT DEPENDS. I MEAN,

THE $2.1 BILLION WILL BE GOING TO PEOPLE WHO WEREN'T IN A POSITION TO

BENEFIT FROM A LOT OF OTHER PROGRAMS, BE IT UNEMPLOYMENT OR -- OR

OTHERS, THAT -- THAT MANY OTHER PEOPLE WERE ABLE TO BENEFIT FROM. SO

WITH THE $2.1 BILLION AND THEN WE'VE DEBATED THAT -- THAT LEGISLATION

ALREADY DURING THE BUDGET DISCUSSION, THAT WILL IMPROVE SOME PEOPLE'S

SITUATIONS. BUT, THE -- THEY -- YOU KNOW, IT'S NOT LIKE THEY WON THE

LOTTERY HERE. I BELIEVE THE MAXIMUM AMOUNT OF MONEY THAT ANY

INDIVIDUAL CAN GET, I -- IF I REMEMBER THE NUMBERS CORRECTLY, WAS LIKE

$15,200. SO, I -- I THINK THAT WAS -- MAYBE IT WAS 600. I THINK IF YOU

MULTIPLY --

MR. MANKTELOW: SURE.

MR. DINOWITZ: -- 300 TIMES 52, THAT'S THE NUMBER

NYS ASSEMBLY MAY 3, 2021

THAT YOU ARRIVE AT. SO -- SO THAT MONEY IS -- IS VERY IMPORTANT TO A LOT

OF PEOPLE, ESPECIALLY POOR PEOPLE. AND BEYOND THAT, THOSE PEOPLE, YOU

KNOW, THEY -- THEY SPEND MONEY. THEY -- THEY GO TO THE GROCERY STORE,

THEY'RE PAYING SALES TAXES, THEY'RE NOT EXEMPT FROM SALES TAXES. SO,

YOU KNOW, WHEN ANYBODY SAYS, OH, WELL, THE LANDLORDS ARE PAYING

TAXES, THAT -- THAT'S VERY TRUE, BUT EVERYBODY PAYS TAXES OF ONE FORM OR

ANOTHER. YOU DON'T HAVE TO OWN PROPERTY TO PAY TAXES. SO THOSE

PEOPLE ARE ALSO PAYING TAXES.

MR. MANKTELOW: YEAH, ABSOLUTELY. I WAS JUST --

AND I DON'T REMEMBER FROM THE BUDGET PROCESS, BUT WAS THERE ANY

STIPULATIONS IN THAT MONEY THAT SOME OF THAT MONEY WOULD GO FOR BACK

-- BACK RENT? I -- I DON'T THINK THERE WAS, WAS THERE?

MR. DINOWITZ: I -- I DON'T RECALL THAT THAT WAS THE

CASE.

MR. MANKTELOW: ALL RIGHT. MR. SPONSOR, THANK

YOU FOR ANSWERING MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MANKTELOW: AGAIN, WE'RE TALKING ABOUT

LANDLORDS, WE'RE TALKING ABOUT TENANTS, WE'RE TALKING ABOUT NEW YORK

STATE. AND AGAIN, IT SEEMS LIKE WE CONSTANTLY ARE TAKING A BACK SEAT TO

THE NEIGHBORING STATES AROUND US. AND WE HAVE THE MONEY HERE, WE

HAVE THE MONEY TO GET IT OUT THERE. IT'S JUST SO CONVOLUTED AND SO HARD

FOR US TO GET THOSE DOLLARS IN THE POCKETS OF THE TENANTS AND THE

LANDLORDS. SO I'M ASKING THAT WE AS A BODY, HOLD -- HOLD THE FEET OF THE

NYS ASSEMBLY MAY 3, 2021

GOVERNOR TO THE FIRE IN MAKING SURE THAT HE DOES WHAT NEEDS TO BE

DONE TO GET THAT MONEY OUT TO OUR LANDLORDS. AGAIN, WE'RE HOLDING

ONTO THIS MONEY AND I DON'T UNDERSTAND THIS. WE PRIDE OURSELVES AS

NEW YORKERS, WE PRIDE OURSELVES AS LEADING THE NATION, BUT AT THE

SAME TIME WE'RE TAKING A SECOND, THIRD, FOURTH, FIFTH OR SIXTH SEAT BACK

FROM OTHER SURROUNDING STATES AS THEY'VE ALREADY STARTED GIVING THAT

MONEY OUT. BUT WHERE ARE WE GOING? AND I DO AGREE WITH MY

COLLEAGUE THAT WE'LL BE BACK HERE COME SEPTEMBER 1ST, BECAUSE FOR

SOME REASON, IT -- AUGUST 31ST WILL NOT BE TIME ENOUGH TO MAKE THIS ALL

HAPPEN. WE'RE KICKING THE CAN DOWN THE ROAD. WE NEED TO TAKE A

STAND AND SAY ENOUGH IS ENOUGH AND LET'S GET EVERYBODY BACK WORKING

AND GET EVERYBODY PAYING -- PAYING WHAT NEEDS TO BE PAID. I HOPE THAT

THE SPONSOR'S THOUGHTS ON THE MONEY COMING TO THEM WORKS. AND I

HOPE THAT THE SPONSOR'S THOUGHTS ABOUT THE MONEY GETTING TO THE

LANDLORDS DOES SLOW DOWN THE -- THE POSSIBLE COURT CASES. I DON'T SEE

THAT HAPPENING, BUT I HOPE IT DOES. SO AGAIN, I -- I CANNOT SUPPORT THIS

BECAUSE, AGAIN, WE'RE HURTING EVERYONE. WE'RE HURTING THE TENANTS,

WE'RE HURTING THE LANDLORDS, WE'RE HURTING THE TAXPAYERS IN NEW YORK

STATE. SO I WILL BE VOTING NO AND I WILL ENCOURAGE MY COLLEAGUES TO DO

THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GALLAHAN.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

NYS ASSEMBLY MAY 3, 2021

YOU YIELD?

MR. DINOWITZ: I WILL YIELD.

MR. GALLAHAN: THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS

SIR.

MR. GALLAHAN: I HAVE A COUPLE OF QUICK

QUESTIONS BUT I'D LIKE TO PREFACE MY QUESTIONS WITH A -- A LITTLE

BACKGROUND. I AM ONE OF THOSE PEOPLE, MY ESTEEMED COLLEAGUES FROM

THE GATEWAY TO THE NORTH HUNG SOME TITLES ON ME TODAY THAT I JUST DON'T

(INAUDIBLE). BECAUSE WHEN I CAME DOWN HERE IN JANUARY I QUICKLY

LEARNED THAT THE WORD LANDLORD WASN'T VERY WELL RECEPTED [SIC]. MY

WIFE AND I OWN PROPERTY, WE OWN -- WE OWNED DOUBLES AND SINGLES,

AND -- AND HAVE BEEN RENTING TO THE SAME FOLKS FOR -- FOR QUITE SOME

TIME, AND FORTUNATELY, WE'RE NOT -- OUR TENANTS ARE NOT IN ARREARS. WITH

THAT BEING SAID, I HAVE A COUPLE OF QUESTIONS. I HAVE SEVERAL

CONSTITUENTS, ABOUT 95 PERCENT OF THE CORRESPONDENCE IN MY E-MAIL BOX

OVER THE LAST WEEK-AND-A-HALF HAS BEEN AGAINST THIS -- THIS -- THIS BILL. I

DON'T KNOW IF THE SPONSOR HAS RECEIVED THE SAME OR NOT, I -- I'D LOVE TO

KNOW. BUT, MY QUESTION IS, ONE OF MY CONSTITUENTS FILED AN EVICTION

NOTICE BACK IN LATE FEBRUARY OF 2020, NOT FOR BACK RENT. HIS TENANT WAS

DESTROYING HIS HOME. HE HAS NOT BEEN IN COURT BECAUSE THE COURTS

HAVE BEEN CLOSED. AND I BELIEVE THAT'S AGAINST HIS CONSTITUTIONAL RIGHT

TO DUE PROCESS FOR SURE. BUT MY QUESTION IS, WILL HE BE ABLE TO APPLY

FOR FUNDS FOR REIMBURSEMENT BECAUSE HE COULDN'T EVICT THIS TENANT FOR

THE CONTINUAL DAMAGE THAT'S BEEN DONE TO HIS HOME?

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: IF THE -- FIRST OF ALL, AS -- AS HAS

BEEN SAID REPEATEDLY, THERE ARE PROVISIONS IN THIS LEGISLATION AS WELL AS

THE ORIGINAL BILL THAT WAS PASSED TO DEAL WITH TENANTS LIKE THAT. THIS

LAWSUIT WAS FILED PRIOR TO -- TO COVID. YOU KNOW, WHEN YOU -- WHEN

YOU -- I REALLY THINK YOU HAVE TO KEEP IN MIND THAT THE WORLD CHANGED.

AND TO SUGGEST THAT, YOU KNOW, IT'S NOT FAIR THAT THE COURTS ARE -- WERE

-- WEREN'T OPEN AND IT'S, YOU KNOW, AGAINST HIS RIGHTS, I MEAN, COME ON,

THE -- THE COURTS WERE EITHER CLOSED OR MOSTLY CLOSED FOR ALMOST A YEAR

NOW. THAT'S NOT THIS TENANT -- THAT'S NOT THIS PERSON'S FAULT, OBVIOUSLY.

BUT IT'S -- IT'S NO ONE ELSE'S FAULT EITHER. ALTHOUGH I THINK I COULD POINT

FINGERS AT -- AS TO WHY THIS PANDEMIC HAS LASTED SO LONG IN THE U.S., BUT

WE WON'T GET INTO THAT TODAY. THE -- THE POINT IS, IS THAT WE ARE IN -- IN

A SITUATION THAT IS UNPRECEDENTED. YOU KNOW, I -- I GET E-MAILS ALSO.

THE E-MAILS I'VE GOTTEN, I'VE PROBABLY GOTTEN A COUPLE OF DOZEN E-MAILS

AGAINST THE BILL, NONE OF WHICH WERE FROM MY DISTRICT OR -- OR VIRTUALLY

NONE OF WHICH WAS FROM MY DISTRICT, SO -- BUT IF -- IF I SUPPORTED OR

OPPOSED LEGISLATION BASED ON COUNTING HOW MANY E-MAILS I GOT,

ESPECIALLY FROM PEOPLE WHO AREN'T MY CONSTITUENTS, I MEAN, THAT --

THAT'S NOT A WAY TO DETERMINE POLICY. THAT'S NOT A WAY TO RUN

GOVERNMENT. WE HAVE TO TRY TO DO WHAT THE -- WHAT'S RIGHT. A LOT OF

LANDLORDS HAVE SUFFERED HARDSHIPS, THERE'S NO QUESTION ABOUT IT. AND

THAT'S WHY I REPEATEDLY SAID THAT THIS LEGISLATION HELPS BOTH TENANTS AND

LANDLORDS. THAT $2.3 BILLION IS GOING INTO THE HANDS OF LANDLORDS. IF A

LANDLORD WAS ABLE TO EVICT A TENANT WHO HADN'T PAID MONEY IN SEVERAL

MONTHS, FINE, DOES THE LANDLORD THINK HE'S GOING TO STILL GET THAT

NYS ASSEMBLY MAY 3, 2021

MONEY? IT SEEMS TO ME THAT IF I OWNED THE PROPERTY I'D RATHER GET THE

BACK MONEY AND HAVE -- NOT HAVE THAT TENANT EVICTED THAN THROW HIM

OUT AND -- AND RISK NEVER SEEING THE MONEY. SO, I THINK THE -- THE

PORTRAYAL OF THIS BILL BY SOME PEOPLE IN OUR CHAMBER THAT IT'S, YOU

KNOW, IT'S ANTI-LANDLORD, JUST ISN'T TRUE. IT'S JUST NOT TRUE.

MR. GALLAHAN: SO, WILL THIS CONSTITUENT OF MINE

BE ELIGIBLE FOR PAYMENT ON A WRECKED HOME THAT THE LAND -- THAT THE

TENANT HAS CAUSED, WITH THIS BILL? YES OR NO?

MR. DINOWITZ: WELL, THE BILL ITSELF DOESN'T PROVIDE

MONEY, THE BUDGET PROVIDED MONEY, AND THEN THERE -- THERE WERE SOME

CERTAIN PARAMETERS WITHIN WHICH THE MONEY MUST BE USED. THE BUDGET

DETERMINED HOW THAT MONEY IS SPENT. THIS BILL DOESN'T DO THAT. I'M NOT

SURE THAT THAT PERSON WOULD -- WOULD BE PART -- PART OF THE $2.3 BILLION.

BUT THAT'S NOT WHAT THIS BILL DOES. THE BILL AND THE -- AND THE BUDGET

TOGETHER IS -- IS WHAT -- WHAT HAS TO MAKE --

MR. GALLAHAN: SO -- SO --

MR. DINOWITZ: MAKE THAT (INAUDIBLE) --

MR. GALLAHAN: -- WILL THESE TWO BILLS --

MR. DINOWITZ: BUT THE BILL DOESN'T ADDRESS THAT

DIRECTLY.

MR. GALLAHAN: WELL, THESE TWO BILLS BLENDED

TOGETHER WAS CREATE -- IT'S CREATED A HARDSHIP ON HIM BECAUSE HE CAN'T

GO TO COURT BECAUSE OF THE MORATORIUM. HE CAN'T GO TO COURT. HIS

HOUSE WAS DESTROYED --

MR. DINOWITZ: HE'LL BE ABLE TO GO TO COURT.

NYS ASSEMBLY MAY 3, 2021

MR. GALLAHAN: HIS HOUSE IS DESTROYED. HOW

DOES HE PAY FOR THAT? HE CAN'T GET TO COURT. HE CAN'T GET HIM EVICTED.

HE CAN'T FIX HIS HOME. HOW -- HOW -- I MEAN, THIS IS -- THIS IS NOT

UNCOMMON. IT'S HAS HAPPENED ALL OVER.

MR. DINOWITZ: THE -- THE LANDLORD COULD APPLY --

MR. GALLAHAN: HOW DOES HE GET PAID?

MR. DINOWITZ: IT'S MY UNDERSTANDING, I -- I

BELIEVE THAT UNDER THE BUDGET THE LANDLORD CAN APPLY FOR FUNDS. BUT,

YOU KNOW, YOU AND SOME OF YOUR COLLEAGUES CAN PRESENT CERTAIN

INDIVIDUAL CASES, BUT THOSE ARE NOT TYPICAL OF WHAT'S BEEN HAPPENING

AROUND THE STATE. IT'S JUST NOT. I HAVE -- I HAVE TOTAL SYMPATHY WITH --

WITH PROPERTY OWNERS WHO ARE -- ARE GOING THROUGH SITUATIONS SUCH AS

THAT. YOU KNOW, A LOT OF PEOPLE HAVE SUFFERED IN THE PAST YEAR, NOT JUST

LANDLORDS. THE WAY YOU TALK IT'S AS IF, OH, THE LANDLORDS ARE THE ONLY

ONES SUFFERING. HOW ABOUT THE 570,000 PEOPLE WHO DIED IN THIS

COUNTRY? THEY SUFFERED. HOW ABOUT THEIR FAMILIES? HOW ABOUT OTHER

PEOPLE WHO'VE LOST THEIR JOBS? A LOT OF PEOPLE HAVE SUFFERED BECAUSE

OF -- OF THIS PANDEMIC. THEY ARE NOT THE ONLY ONES, BUT WE'RE TRYING TO

HELP --

MR. GALLAHAN: I CAN APPRECIATE THAT, I CERTAINLY

CAN AND I -- I WAS ONE OF THOSE PEOPLE. BEFORE I CAME HERE IN JANUARY,

I -- I TOOK A HIT IN MY SALARY AND IN MY BENEFITS AND IN MY

COMMISSIONS AND MY CAR ALLOWANCE. I -- I WAS ONE OF THOSE GUYS.

MR. DINOWITZ: RIGHT. SO YOU UNDERSTAND IT, THEN

NYS ASSEMBLY MAY 3, 2021

MR. GALLAHAN: MY BUSINESS, MY SMALL BUSINESS

TOOK A HIT, TOO. SO, I CAN -- I CAN RELATE TO THAT.

MY NEXT QUESTION IS, WE HAVE ALL THIS MONEY AVAILABLE

AND -- AND HOPEFULLY, WHAT -- FROM WHAT I'M HEARING, IT'S -- IT'S ON THE

BRINK OF LETTING LOOSE. MY QUESTION IS, HOW DO PEOPLE APPLY FOR THIS

MONEY AND IF THERE IS SUCH A THING AS A FORM THAT THEY MAY FILL OUT OR --

OR HOWEVER THEY HAVE TO DO THIS, WHERE DO WE STAND WITH THAT? WHERE

-- WHERE IS THAT -- WHERE IS THAT BEING CONSTRUCTED? WHO'S -- WHO'S

LOOKING OVER THAT -- THAT SITUATION AND WHEN CAN WE EXPECT PEOPLE TO

BE ABLE TO APPLY FOR THIS MONEY?

MR. DINOWITZ: WELL, IT -- IT'S MY UNDERSTANDING

THAT OTDA IS RESPONSIBLE FOR IT, IT'S PUTTING FORTH THE GUIDELINES.

OBVIOUSLY WE WANT THEM (INAUDIBLE) --

MR. GALLAHAN: SO --

MR. DINOWITZ: WE WANT THEM TO DO THAT. OH, MY

VIDEO WENT OFF. SORRY ABOUT THAT.

MR. GALLAHAN: I'M SORRY, I COULDN'T HEAR WHAT

YOU SAID.

MR. DINOWITZ: MY VIDEO WENT OFF. I DON'T KNOW,

IF I LOOKED AT MY COMPUTER THE WRONG WAY, THE VIDEO GOES OFF.

THAT -- THAT'S UP TO OTDA TO -- TO SET FORTH THE

GUIDELINES ON THAT. AND -- AND JUST -- JUST TO CLARIFY, I BELIEVE THAT --

THAT THE LANDLORDS YOU'RE TALKING ABOUT CAN APPLY FOR THOSE FUNDS SO

THAT -- BUT HE ALSO -- HE'S WENT THROUGH A VERY TOUGH TIME, AS HAVE

MANY, MANY OTHER PEOPLE. THAT DOESN'T MEAN THAT HE WAS --

NYS ASSEMBLY MAY 3, 2021

MR. GALLAHAN: I -- I UNDERSTAND THAT. AND I -- I

APPRECIATE THE FACT THAT THEY CAN APPLY. BUT WHEN WILL THAT HAPPEN?

WHEN WILL -- WHEN WILL THESE -- THESE GUIDELINES BE DONE? DO WE

HAVE ANY INDICATION? NEXT WEEK? NEXT MONTH? DO WE HAVE ANY

INDICATION --

MR. DINOWITZ: I -- I HOPE IT'S VERY -- I HOPE IT'S

VERY SOON. OTDA IS GOING TO ESTABLISH -- THEY'RE GOING TO PUT TOGETHER

A WEBSITE SO THE INFORMATION WILL BE AVAILABLE, THE INFORMATION ON HOW

PEOPLE COULD APPLY AND -- AND PRESUMABLY THEY CAN APPLY ON THE

WEBSITE. BUT THAT INFORMATION SHOULD BE FORTHCOMING. BUT I -- LISTEN, I

DON'T WANT TO BE IN A POSITION OF TELLING YOU OR GUARANTEEING TO YOU

WHEN THEY, THIS -- THIS EXECUTIVE AGENCY IS GOING TO DO THEIR JOB. THEY

BETTER DO IT REAL QUICK, AS FAR AS I'M CONCERNED.

MR. GALLAHAN: NO, I'M NOT LOOKING FOR AN EXACT

DATE. I WAS JUST LOOKING FOR AN ESTIMATE LIKE YOU -- YOU MAYBE

ESTIMATED THAT THE FUNDS WOULD BE AVAILABLE IN JUNE. SO, I WOULD THINK

THAT THOSE -- THAT PROCESS SHOULD BE WRAPPED UP WITHIN -- WITHIN DAYS

AND NOT WEEKS, BUT ANYWAY...

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GALLAHAN: THANK YOU. MY WIFE AND I

PURCHASED RENTAL INCOME OVER THE YEARS. AND WE TOOK BLIGHT

PROPERTIES IN OUR VILLAGE AND TURNED IT FROM ONE OF THE WORST-LOOKING

PROPERTIES IN THE VILLAGE TO ONE OF THE BEST-LOOKING PROPERTIES IN THE

VILLAGE. AND I HAD -- I HAD MEETINGS WITH MY FINANCIAL COMMITTEE OVER

NYS ASSEMBLY MAY 3, 2021

THE LAST FEW WEEKS, MY "FINANCIAL COMMITTEE" BEING MY WIFE AND I,

AND WE'VE DECIDED THAT WHEN THESE DOUBLES LEASE EXPIRE, WE'RE GOING

TO TURN THEM BACK INTO SINGLES AND MORE THAN LIKELY SELL THEM. WE

DON'T WANT TO BE FACED WITH A SITUATION LIKE THIS AGAIN. THE FUTURE IS

UNCERTAIN. THERE COULD BE ANOTHER PANDEMIC DOWN THE ROAD IN SIX

MONTHS, WHO KNOWS. THAT WAS PART OF OUR RETIREMENT. THAT'S HOW WE

WERE GOING TO FINANCE PART OF OUR RETIREMENT. SO WHY AM I GOING TO

HANG ON TO THESE PROPERTIES IF WE'RE GOT THESE -- THESE FACTS LOOMING

OVER OUR HEADS? SO WHAT'S GOING TO HAPPEN? WELL, TWO THINGS ARE

GOING TO HAPPEN. THAT'S INVENTORY THAT'S GOING TO COME OFF THE MARKET

FOR -- FOR FOLKS TO RENT PROPERTIES. AND I CAN TELL YOU, WE GET PHONE

CALLS ALL THE TIME BECAUSE OUR PROPERTIES, PEOPLE WANT TO LIVE ON OUR

PROPERTIES. WHEN WE GO INTO A PROPERTY AND GET IT READY FOR SOMEBODY

TO LIVE IN, I WOULDN'T BE AFRAID TO MOVE INTO THAT PROPERTY MYSELF. WE

TAKE PRIDE IN OUR PROPERTIES. AND -- AND I JUST CAN'T IMAGINE HOW MANY

OTHER PEOPLE FEEL THE SAME WAY THAT WE DO, THAT -- THAT, YOU KNOW, THE

INVENTORY IS GOING TO SHRINK, WE'RE GOING TO CREATE HOMELESSNESS.

THAT'S GOING TO HAPPEN. WE'RE GOING TO HAVE HOMELESSNESS FROM THIS

SITUATION. IT'S GOING TO HAPPEN. SO, AT THE SAME TIME WE BOUGHT A

COMMERCIAL PROPERTY NEXT DOOR, PUT OUR SMALL BUSINESS ON THAT

COMMERCIAL PROPERTY. AND WE GOT WHACKED LAST YEAR RIGHT IN THE --

DURING, AS I'VE SAID -- STATED IN THIS SESSION ROOM BEFORE, OUR BUSINESS

TOOK A -- A DRASTIC STEP BACKWARDS. SO OUR STARTING CASH THIS YEAR ISN'T

SO GOOD. WE'RE WORRIED ABOUT TENANTS NOT PAYING. THERE'S SO MANY

THINGS THAT-- THAT COME INTO PLAY WHEN YOU ARE A LANDLORD. AND -- AND

NYS ASSEMBLY MAY 3, 2021

YOU MENTIONED EARLIER, TAXES. I PAY TAXES ON MY HOME LIKE EVERYBODY

THAT -- THAT'S IN THIS ROOM THAT OWNS PROPERTY AND A HOME. BUT I PAY A

LOT MORE TAXES. BECAUSE I'VE GOT RENTAL INCOME. MY FAIR SHARE, I PAY, I

DON'T MIND, BUT IT'S -- IT'S A TAXING SITUATION TO SMALL LANDOWNERS OR

LANDLORDS LIKE MYSELF AND MY WIFE. AND I DON'T BELIEVE WE'RE GOING

CONTINUE TO GO THROUGH THIS, AND WE'RE GOING TO TAKE OUR PROPERTY, I

THINK, OFF THE MARKET AND -- AND SELL IT. SO FOR THOSE REASONS, MR.

SPEAKER, I WILL BE VOTING IN THE NEGATIVE ON THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: I WILL.

MR. ABINANTI: THANK YOU.

ACTING SPEAKER AUBRY: MR. DINOWITZ YIELDS.

MR. ABINANTI: I WOULD JUST LIKE TO CLARIFY A FEW

THINGS, MR. DINOWITZ. IS THERE ANYTHING IN THIS BILL THAT PREVENTS A

PROPERTY OWNER FROM SEEKING A MONEY JUDGMENT BEFORE AUGUST 31?

MR. DINOWITZ: NO.

MR. ABINANTI: SO, JUST TO CLARIFY IT TO PUT IN THE

LEGISLATIVE HISTORY, A PROPERTY OWNER TODAY CAN COMMENCE A

LANDLORD-TENANT PROCEEDING FOR RENT ONLY TODAY AND BEFORE AUGUST 31,

CORRECT?

MR. DINOWITZ: TENANTS SAFE HARBOR ACT, WHICH

NYS ASSEMBLY MAY 3, 2021

SAID -- STATED THAT YOU COULD GET -- YOU COULD SUE AND GET A MONETARY

JUDGMENT BUT NOT AN EVICTION JUDGMENT. THIS LEGIS -- MY INTERNET

CONNECTION IS ON STANDBY. THIS LEGISLATION ADDRESSES EVICTIONS.

MR. ABINANTI: OKAY. SO, WE AGREE. THE PROBLEM

I HAVE IS, THE MEMOS THAT HAVE BEEN CIRCULATED BY THE COURT SYSTEM

HAVE BEEN INTERPRETED BY THE INDIVIDUAL JUDGES TO SAY THAT NO

PROCEEDINGS CAN BE BROUGHT. SO, I JUST WANT TO PUT ON THE RECORD HERE

AND MAKE IT VERY CLEAR THAT A LANDLORD WHO IS NOT RECEIVING RENT CAN GO

GET A MONETARY JUDGMENT TODAY. AND THEY DON'T HAVE TO WAIT UNTIL

AUGUST 31ST, CORRECT?

MR. DINOWITZ: AS FAR AS I KNOW. IF THE COURT -- IF

THE COURT IS AVAILABLE.

MR. ABINANTI: THANK YOU. THAT'S THE FIRST ISSUE.

THE SECOND ONE IS, WHERE A SMALL PROPERTY OWNER RECEIVES A HARDSHIP

DECLARATION BUT HAS A GOOD FAITH REASON TO BELIEVE THAT THE DECLARATION

IS NOT CORRECT, DOES THE SMALL PROPERTY OWNER HAVE ANY REMEDY OTHER

THAN GOING TO THE DISTRICT ATTORNEY AND SAYING THIS TENANT COMMITTED

FRAUD?

MR. DINOWITZ: I DON'T THINK THERE'S A SPECIFIC

REMEDY IN THIS BILL.

MR. ABINANTI: OKAY.

MR. DINOWITZ: BUT, YOU KNOW, YOU'RE NOT

SUPPOSED TO LIE ON A FORM, ESPECIALLY, WHEN IT, YOU KNOW, SAY'S THAT...

WHATEVER THE WORDING, YOU KNOW, PENALTIES OF PERJURY.

MR. ABINANTI: RIGHT. OKAY. I JUST WANT TO MAKE

NYS ASSEMBLY MAY 3, 2021

SURE THAT WE HAVE THAT CLEAR, IT'S A SECOND POINT, THAT AT THIS POINT, THE --

THE PROPERTY OWNER WHO RECEIVES A HARDSHIP DECLARATION MUST ABIDE BY

THE TERMS OF THAT HARDSHIP DECLARATION, AND THEY HAVE TO HONOR THAT.

THAT'S LAW THAT WE'VE PASSED, AND THAT'S WHAT WE'RE RENEWING TODAY,

CORRECT?

MR. DINOWITZ: YES.

MR. ABINANTI: OKAY. THANK YOU. THE THIRD

POINT, WHERE THE TENANT IS PERSISTENTLY AND UNREASONABLY ENGAGING IN

BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER

TENANTS OR CAUSES SUBSTANTIAL SAFETY HAZARD TO OTHERS, THAT'S AN

EXCEPTION TO THE EVICTION MORATORIUM, CORRECT?

MR. DINOWITZ: YES, AS I PREVIOUSLY STATED, YES.

MR. ABINANTI: OKAY. BUT THERE'S NOTHING IN HERE

THAT ADDRESSES WHERE THERE -- THE OTHER TENANT HAS LEFT BECAUSE OF THE

BEHAVIOR OF THE FIRST TENANT, IS THERE?

MR. DINOWITZ: NO.

MR. ABINANTI: OKAY. AND THERE'S NOTHING IN HERE

THAT TALKS ABOUT SIGNIFICANT DAMAGE TO THE PREMISES?

MR. DINOWITZ: THIS TALKS ABOUT EVICTIONS.

MR. ABINANTI: RIGHT. OKAY. BUT IF THE -- A TENANT

DOES DO SIGNIFICANT DAMAGE TO THE PRESENT -- PREMISES, THEN THE -- THE

PROPERTY OWNER CANNOT USE THAT AS A REASON FOR EVICTING THE TENANT,

CORRECT?

MR. DINOWITZ: THE -- WE HAVE A MORATORIUM ON

EVICTIONS. OTHER THAN THE --

NYS ASSEMBLY MAY 3, 2021

MR. ABINANTI: OKAY.

MR. DINOWITZ: -- IN THE SITUATION THAT YOU

DESCRIBED A MINUTE AGO.

MR. ABINANTI: OKAY. I AM JUST CONCERNED AND I'M

RAISING THESE ISSUES BECAUSE I WANT TO MAKE SURE THAT WE -- WHEN WE

ALLOW FUNDING TO COME OUT THAT WE ADDRESS THESE ISSUES IN THE FUNDING.

NOW, THERE WAS A DISCUSSION IN ONE OF THE SECTIONS

THAT WE'RE -- WE'RE GOING TO BE CONTINUING SECTION SUBPART A, CORRECT?

AND THAT'S THE SECTION THAT SAYS FORECLOSE A MORTGAGE. BUT IN THIS

SECTION IT SAYS FOR THE MORTGAGE FORECLOSURE TO BE STAYED, THE PROPERTY

THAT IS AFFECTED MUST BE THE PRIMARY RESIDENCE OF THE NATURAL PERSON

REQUESTING SUCH RELIEF, IS THAT CORRECT?

MR. DINOWITZ: YES.

MR. ABINANTI: OKAY. SO, A LANDOWNER WHO LIVES

IN A SINGLE-FAMILY HOUSE BUT OWNS A TWO-FAMILY HOUSE NEXT DOOR

CANNOT AVAIL THEMSELVES OF THIS PARAGRAPH TO STAY A MORTGAGE

FORECLOSURE ON THE TWO-FAMILY HOUSE, IS THAT CORRECT?

MR. DINOWITZ: I DON'T BELIEVE THAT'S THE CASE AT

ALL.

MR. ABINANTI: I'M SORRY --

MR. DINOWITZ: THE LAND -- THE PERSON -- A PERSON

CAN OWN AS MANY AS TEN UNITS INCLUDING HIS OR HER OWN UNIT AND STILL BE

ABLE TO APPLY FOR THE -- THE HARDSHIP DECLARATION AS A BORROWER. SO --

SO THAT -- THAT -- THAT'S WHAT THIS PART OF THE LEGISLATION DEALS WITH --

MR. ABINANTI: WELL, LET'S REPEAT THAT BECAUSE --

NYS ASSEMBLY MAY 3, 2021

MR. DINOWITZ: BUT WE -- LET -- LET -- BUT TOM, LET

ME INTERRUPT FOR A SECOND. WE DEBATED THIS WHEN -- ON DECEMBER

28TH, SO WE'RE DOING -- THIS BILL DOESN'T CHANGE THE LAW. THE LAW IS

ALREADY IN PLACE. THE ONLY THING THIS BILL DOES --

MR. ABINANTI: I'M NOT -- I'M NOT ATTACKING THE

LAW.

MR. DINOWITZ: -- BESIDES CREATE THAT ADDITIONAL

COMPONENT IS CHANGE THE --

MR. ABINANTI: RIGHT.

MR. DINOWITZ: -- DATE FROM MAY 1ST TO AUGUST

31ST. IT DOES NOT CHANGE THE LAW IN ANY OTHER WAY.

MR. ABINANTI: I -- I UNDERSTAND THAT. WHAT I'M

DOING IS TRYING TO GET A LEGISLATIVE HISTORY SO THAT THE LAW IS INTERPRETED

CORRECTLY BECAUSE IT'S NOT BEING INTERPRETED ON THE STREET THE WAY WE

ARE DISCUSSING IT. SO, I WANT TO MAKE IT VERY CLEAR THAT A LANDOWNER, AS

LONG AS THAT LANDOWNER OWNS THEIR OWN HOME AND LESS THAN NINE OTHERS,

THEY CAN --

MR. DINOWITZ: NO.

MR. ABINANTI: -- APPLY FOR THAT MORTGAGE

FORBEARANCE.

MR. DINOWITZ: WELL, IT'S FEWER AND IT'S TEN OTHERS.

FEWER THAN TEN OTHERS.

MR. ABINANTI: OKAY. BUT IT'S -- IT'S STILL -- THEY

DON'T HAVE TO LIVE IN THAT MULTI-FAMILY HOUSE OR -- OR IN ONE OF THE

RENTAL PROPERTIES, THIS IS THEIR OWN, PLUS RENTAL PROPERTIES, AND THEY CAN

NYS ASSEMBLY MAY 3, 2021

GET THE MORTGAGE FORBEARANCE ON THOSE OTHER PROPERTIES WHICH THEY RENT

OUT.

MR. DINOWITZ: MY RECOLLECTION OF THE LEGISLATION

THAT WE DEBATED AND DISCUSSED AND PASSED ON DECEMBER 28TH IS THAT

YOU CAN OWN UP TO TEN UNITS, INCLUDING YOUR OWN UNIT. THEY DON'T ALL

HAVE TO BE IN ONE BUILDING. YOU CAN OWN FIVE TWO-FAMILY HOMES, FOR

EXAMPLE.

MR. ABINANTI: OKAY.

MR. DINOWITZ: YOU CAN OWN A BUILDING WITH TEN

UNITS AS LONG AS YOU OCCUPY ONE OF THE UNITS. ANY COMBINATION OF TEN,

THAT INCLUDES YOU.

MR. ABINANTI: OKAY. THANK YOU. AND LASTLY, IS

THERE ANYTHING HERE --

ACTING SPEAKER AUBRY: MR. ABINANTI, WE ARE

AGAIN DISCUSSING AN EXTENSION OF TIME ON THIS BILL. IT -- I -- I

UNDERSTAND YOUR DESIRE TO REVIEW THE ENTIRE BILL TO YOUR PURPOSES, BUT

THAT WOULD HAVE BEEN DONE WHEN WE DEALT WITH THE BILL-IN-CHIEF, SO I

WISH YOU'D CONFINE YOURSELF TO THE --

MR. ABINANTI: FINE.

ACTING SPEAKER AUBRY: -- ISSUES RELATED TO

THE AMENDMENT, AS OPPOSED TO TRYING TO REDRESS SOME LARGER ISSUE.

MR. ABINANTI: ALL RIGHT. JUST LASTLY, IS THERE

ANYTHING THAT REQUIRES WITH THIS EXTENSION OF TIME THAT OTDA ACT

WITHIN A CERTAIN PERIOD OF TIME?

MR. DINOWITZ: NO.

NYS ASSEMBLY MAY 3, 2021

MR. ABINANTI: OKAY. THANK YOU VERY MUCH.

MR. DINOWITZ: YOU'RE WELCOME.

ACTING SPEAKER AUBRY: MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SIMPSON: I JUST WANT TO -- THANK YOU, MR.

SPEAKER. I JUST WANT TO SPEAK ABOUT A PARTICULAR BUSINESS OWNER THAT I

WAS CONTACTED BY IN MY DISTRICT IN THE NORTH COUNTRY. THESE PEOPLE

HAVE BEEN IN BUSINESS FOR OVER 20 YEARS. THEY BUILT THEIR BUSINESS, I

ACTUALLY WORKED ALONGSIDE THEM WHILE THEY WERE BUILDING THEIR

BUSINESS UP. THEY NOW OWN 1,700 UNITS IN AN AREA THAT IS SADLY

LACKING IN AFFORDABLE HOUSING, ECONOMICAL PLACES FOR YOUNG FAMILIES TO

START. SEVENTEEN HUNDRED UNITS AND THEY'RE FULL. AND THEY CONTINUE TO

EXPAND. TODAY, THEY'RE OWED UNDER -- JUST UNDER $900,000 IN BACK

RENT. THEY HAVE PROBLEMS WITH TENANTS THAT NOW ARE HOME, THERE'S AN

INCREASE IN DOMESTIC VIOLENCE BECAUSE THEY CAN STAY HOME AND COLLECT

UNEMPLOYMENT. WE HAVE BUSINESSES THROUGHOUT THE DISTRICT, RIGHT

NOW, THEY'RE CONTACTING ME EVERY SINGLE DAY WANTING TO HIRE PEOPLE TO

MEET THEIR DEMANDS OF THEIR BUSINESS. BIG EMPLOYERS. SO, THE WAY I

SEE IT, WE'RE GOING DOWN A ROAD THAT SOME DAY SOMEBODY'S GOING TO

HAVE TO PAY FOR THIS. THIS IS ONE BUSINESS OWNER, $864,000. THERE'S A

LOT OF JOBS AVAILABLE IN MY DISTRICT. A LOT OF THOSE PEOPLE COULD BE

WORKING SAFELY. WE HAVE THE INCREASED ROLLOUT OF THE VACCINES. NOW

IS NOT THE TIME TO EXTEND THE (INAUDIBLE) THE EVICTION LAW HERE,

NYS ASSEMBLY MAY 3, 2021

A-7175-A. WE NEED TO ENCOURAGE PEOPLE TO GET BACK TO WORK SO THEY

CAN PAY THOSE RENTS. I DON'T THINK ANYBODY HAS EVEN THOUGHT ABOUT

WHAT THE TOTAL COST OF THIS IS GOING TO BE. I DON'T THINK ANYBODY HAS A

WAY TO EVEN FIGURE IT OUT. WE HAVE 1,700-UNIT BUSINESS OWNER THAT

RIGHT NOW IS OWED $864,000. I DON'T KNOW HOW -- WHO'S GOING TO BAIL

HIM OUT? WHO'S GOING TO HELP HIM CONTINUE TO PROVIDE THAT SAFE

HOUSING FOR -- FOR THE PEOPLE THAT WE NEED TO BE WORKING IN OUR

BUSINESSES?

WITH THAT SAID, I JUST WOULD LIKE TO LET EVERYBODY

KNOW -- EVERYBODY KNOW THAT I AM GOING TO BE VOTING IN OPPOSITION OF

THIS BILL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. BYRNES.

MS. BYRNES: WELL, GOOD AFTERNOON, ALMOST GOOD

EVENING, EVERYBODY.

ACTING SPEAKER AUBRY: GOOD AFTERNOON.

MS. BYRNES: WILL THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. DINOWITZ, WILL

YOU YIELD?

MR. DINOWITZ: YES. AND IT'S NOT ALMOST GOOD

EVENING BECAUSE OF ME.

(LAUGHTER)

MS. BYRNES: I -- I DID NOT SAY IT WAS, SIR. BUT

THERE'S A LOT OF GOOD QUESTIONS AND ALL OF THEM ARE IMPORTANT, INCLUDING

MINE, WHICH QUITE SIMPLY IS, WAS OCA CONSULTED ABOUT THE PRACTICAL

NYS ASSEMBLY MAY 3, 2021

APPLICATIONS OF THIS BILL BEFORE THE EXTENSION AND THE ORIGINAL BILL WERE

INTRODUCED?

MR. DINOWITZ: WELL, I DIDN'T CONSULT OCA. OTHER

PEOPLE MAY HAVE, THAT'S POSSIBLE.

MS. BYRNES: OKAY. MR. SPEAKER --

MR. DINOWITZ: I'M SORRY. I DO READ ALL OF OCA'S,

YOU KNOW, FREQUENT COVID UPDATES AND STUFF, SO I'M GENERALLY AWARE

OF WHAT'S GOING ON IN THE COURTS, OF COURSE. BUT DID I TALK TO, YOU

KNOW, JUDGE MARKS OR ANYBODY ELSE ON -- ON THIS BILL? NO, I DID NOT.

MS. BYRNES: THANK YOU -- THANK YOU, SIR.

MR. SPEAKER, MAY I BE HEARD ON THE BILL?

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. BYRNES: THANK YOU. MY UNDERSTANDING IS THAT

USUALLY YOU HAVE TO BRING ALL OF YOUR REQUESTS FOR RELIEF IN ONE PETITION

AND THAT IT CAN'T BE DIVIDED UP. SO, I THINK THAT THERE ARE VALID CONCERNS

THAT YOU CAN'T SEEK JUST A JUDGMENT FOR PAST DUE RENTS BECAUSE I BELIEVE

THAT WOULD PRECLUDE A LANDLORD FROM EVER BRINGING A NONPAYMENT

PROCEEDING AFTER THAT. SO, I THINK THAT THERE ARE EXCEEDINGLY VALID

CONCERNS THAT WERE RAISED ORIGINALLY AND WITH THE AMENDMENT, MR.

SPEAKER, I KNOW YOU WANT TO STAY ON THE EXTENSION, WITH THE

AMENDMENT, BECAUSE I DO BELIVE THAT IT DOES DISADVANTAGE

TREMENDOUSLY LANDLORDS IN THEIR ABILITIES TO CHOOSE REMEDIES. I THINK

THE OCA SHOULD HAVE BEEN CONSULTED, THEY WOULD KNOW HOW THIS BILL

WOULD BE APPLIED PRACTICALLY WITHIN THE COURT SYSTEM. AND FOR THIS

REASON AS WELL AS MANY OTHERS, I'LL BE VOTING NO. THANK YOU VERY

NYS ASSEMBLY MAY 3, 2021

MUCH, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. AS A

COURTESY TO MR. DINOWITZ, I'D LIKE TO SIMPLY SPEAK ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I WAS WAITING FOR MR. DINOWITZ TO

SAY THAT WAS OKAY.

MR. DINOWITZ: OH, I -- I -- IT WASN'T A QUESTION, SO

I DIDN'T ANSWER IT. BUT I WANT -- LOVE ANSWERING YOUR QUESTIONS, BUT IF

YOU WOULD LIKE TO SPEAK DIRECTLY ON THE BILL, THAT IS PERFECTLY FINE.

MR. GOODELL: THANK YOU, MR. DINOWITZ.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, AGAIN.

MR. GOODELL: A CONTINUED MORATORIUM ON ANY

EVICTIONS IS CREATING A LONG-TERM HORRIFIC INJUSTICE FOR BOTH LANDLORDS

AND TENANTS. IT WILL NOW BE OVER A YEAR-AND-A-HALF SINCE HOUSING

PROVIDERS CAN ACCESS THE COURTS TO RECOVER POSSESSION OF THEIR OWN

PROPERTY FROM THOSE WHO ARE NOT PAYING THE RENT. THE GOVERNOR

EXTENDED IT, STARTED IT BACK IN MARCH. THIS AMENDMENT WOULD

CONTINUE IT TO THE END OF AUGUST. AND SINCE IT APPLIES TO THE INITIATION

OF AN EVICTION PROCEEDING, THE REAL EXTENSION IS FOR ANOTHER TWO OR

THREE MONTHS BEYOND THAT, PLUS ALL THE TIME IT TAKES FOR THE COURT

SYSTEM TO CATCH UP FROM THEIR MASSIVE BACKLOG. TO REMIND MY

COLLEAGUES, A COUPLE OF YEARS AGO WE AMENDED THE EVICTION PROCEDURE

NYS ASSEMBLY MAY 3, 2021

FROM A PROCEDURE THAT USED TO TAKE ABOUT THREE WEEKS AND WAS

GENERALLY COVERED BY A ONE-MONTH SECURITY DEPOSIT, TO A PROCEDURE THAT

NOW GENERALLY TAKES TWO TO THREE MONTHS AT ITS FASTEST. YOU HAVE A

14-DAY NOTICE. WHEN THAT DOESN'T WORK, TEN TO 17-DAY NOTICE FOR A

PETITION. YOU HAVE TO THEN SCHEDULE IT WITH A COURT. AND IN MANY OF

OUR MUNICIPALITIES THE COURTS THAT ARE EVEN OPEN ARE RUNNING MONTHS

BEHIND. THE TENANT GETS AN AUTOMATIC TWO-WEEK EXTENSION SIMPLY FOR

ASKING. IF THERE'S A WARRANT ISSUED, THE SHERIFF OR THE CONSTABLE HAS TO

GIVE AN ADDITIONAL TWO WEEKS NOTICE. AND IF THE TENANT PAYS THE RENT AT

ANY TIME DURING THAT TWO TO THREE MONTH PROCESS, AT ANY TIME RIGHT UP

TO THE DAY THE WARRANT IS SERVED, THE WARRANT IS VACATED. HOW CAN

ANYONE CONSIDER THIS TO BE FAIR AND REASONABLE FOR A HOUSING PROVIDER?

NOW, WE'VE BEEN TOLD THAT LANDLORDS OUGHT TO SUPPORT THIS BECAUSE IT

GIVES THE TENANTS MORE TIME TO COME UP WITH THE MONEY. WELL, IF YOU

CAN'T COME UP WITH ANY PAYMENT EACH MONTH, AND YOU GO A

YEAR-AND-A-HALF WITH NO PAYMENTS, YOU'RE NOT IN A PRIVATE SECTOR IF YOU

THINK THAT THESE TENANTS ARE ALL OF A SUDDEN GOING TO COME UP WITH A

YEAR-AND-A-HALF WORTH OF RENT. AND, BY THE WAY, IF THAT'S WHAT THE

LANDLORDS WANT TO DO, WE DON'T NEED TO PASS THIS LEGISLATION, DO WE?

BECAUSE IF WE DON'T, IT'LL BE AN OPTION OF THE LANDLORD WHETHER TO

PROCEED WITH AN EVICTION OR NOT. SO, LET'S NOT TRY TO PRETEND THAT WE'RE

HELPING OUT LANDLORDS BY PREVENTING THEM FROM EVICTING A NONPAYING

TENANT WHILE THEY'RE FORCED TO MAINTAIN THE PROPERTY AND PAY THE TAXES

AND PAY THE MORTGAGE ON THE PROPERTY, WITH NO REVENUE.

SO, WHY DO I THINK IT'S A HORRIFIC INJUSTICE FOR TENANTS

NYS ASSEMBLY MAY 3, 2021

BOTH SHORT-TERM AND LONG-TERM. WELL, BECAUSE ABSENT COVID IN A

NORMAL SCENARIO, TENANTS ARE ALWAYS MOVING UP INTO MORE EXPENSIVE

APARTMENTS AND MOVING DOWN TO LESS EXPENSIVE APARTMENTS. THEY GET

A -- A PROMOTION OR A NEW JOB, THEY HAVE MORE INCOME, THEY MOVE UP

TO A MORE EXPENSIVE APARTMENT. THEY LOSE THEIR JOB, THEY MOVE DOWN

TO A LESS EXPENSIVE APARTMENT. THAT'S THE WAY THE SYSTEM SHOULD

OPERATE. BUT WHAT THIS SAYS IS, YOU CAN GO FOR A YEAR-AND-A-HALF, OR

MORE, AND MAYBE WE'LL HELP YOU OUT SOME, BUT IF WE DON'T, YOU'RE

GOING TO HAVE A MASSIVE JUDGMENT THAT WILL DESTROY YOUR CREDIT RATING

AND FORCE YOU TO CONSIDER BANKRUPTCY. IS THAT COMPASSIONATE FOR

TENANTS? SETTING THEM UP FOR A MASSIVE JUDGMENT, A WAGE

GARNISHMENT, BANKRUPTCY? NOW, WE'RE TOLD, WELL, WE APPROPRIATED

$2.3 BILLION TO HELP OUT, IT'S FEDERAL FUNDS. THAT WAS A MONTH AGO. A

MONTH AGO. AND WE'RE TOLD, WELL, MAYBE, MAYBE, WE'LL START

DISTRIBUTING THE MONEY IN ANOTHER MONTH. IT TAKES TWO MONTHS FOR NEW

YORK STATE TO FIGURE OUT HOW TO HELP LANDLORDS AND HELP TENANTS? BUT

EVEN IF THAT WERE TRUE, WE DON'T NEED THIS BILL, DO WE? BECAUSE EVEN IF

THAT WAS TRUE, YOU WOULDN'T GET INTO COURT IN THE NEXT TWO MONTHS.

OCA HAS TOLD US THAT AS OF THE END OF JANUARY THEY HAD OVER 800,000

CASES BACKLOGGED. AND REMEMBER THAT EARLY LEGISLATION WE PASSED?

WE SAID TO OCA YOU CAN DELAY THE EVICTIONS ON YOUR OWN AUTHORITY IF

YOU CAN'T HANDLE THE BACKLOG. SO, WE CREATE A MASSIVE BACKLOG. WE

CREATE A SLOW PROCESS. AND THIS BILL MAKES THE SITUATION WORSE. AND

OF COURSE, WE LOOK TO OCA AND SAY, YOU'RE GOING TO OPEN UP THE COURTS

AND YOU'RE GOING TO DO WHAT YOU CAN TO EXPEDITE THIS. AND I SURE HOPE

NYS ASSEMBLY MAY 3, 2021

THEY DO. I PRAY TO GOD THEY DO. BUT I FIND IT AMAZING THE GOVERNOR OF

THE STATE OF NEW YORK AND THE MAYOR OF THE CITY OF -- NEW YORK

CITY, ARE BOTH SAYING, WE'RE GOING TO BE FULLY OPEN, AND THE COURTS ARE

JUST NOW STARTING TO OPEN. THINK ABOUT THAT. ABOUT THE ONLY COURT

CASES THAT ARE BEING HEARD, IT SEEMS, I'M EXAGGERATING, OF COURSE, BUT IT

SEEMS THAT THE ONLY COURT CASES THE COURTS ARE HEARING ARE THOSE BY THE

PRIVATE SECTOR SEEKING JUDGMENTS TO REOPEN.

MY BACKGROUND IS IN ECONOMICS. AND FOR 40 YEARS

I'VE BEEN PRACTICING LAW IN THE PRIVATE SECTOR. AND IF I WERE TO ASK ALL

MY COLLEAGUES WHO ARE CONCERNED ABOUT HOMELESSNESS, WHAT WOULD

YOU DO TO DESIGN A PROGRAM TO MINIMIZE HOMELESSNESS, AND I'LL BET YOU

ALMOST EVERY ONE OF YOU WOULD COME UP WITH THE SAME SOLUTIONS THAT

ECONOMISTS WOULD COME UP BECAUSE ECONOMY AT THE END OF THE DAY --

ECONOMICS, IS NOT THAT COMPLICATED. AND ALL OF YOU WOULD SAY, WELL, IF

WE WANT TO MINIMIZE HOMELESSNESS, WE'LL INCREASE THE HOUSING STOCK

FOR THE WORKING POOR AND WE'LL REDUCE THE COSTS OF RENTING TO THE

WORKING POOR. RIGHT? INCREASE THE CAPACITY AND REDUCE THE RENT. AND

IF I WERE TO ASK YOU THE OPPOSITE QUESTION, IF YOU ARE REALLY -- WANTED

TO CREATE HOMELESSNESS, WHAT WOULD YOU DO? YOU'D DO THE OPPOSITE,

WOULDN'T YOU? YOU'D ENACT LEGISLATION THAT REDUCES THE SUPPLY OF

HOUSING FOR THOSE WHO NEED IT THE MOST, THE WORKING POOR. AND YOU'D

RAISE THE COST OF PROVIDING THAT HOUSING SO THAT THOSE WHO ARE

REMAINING WOULD BE FORCED TO RAISE THE RENT. AND IF YOU DID THAT, I CAN

GUARANTEE YOU, AND THE DATA WILL PROVE ME OUT, THAT YOU WILL CREATE

HOMELESSNESS. AND THAT'S EXACTLY WHAT THIS LEGISLATION IS DOING. LOOK,

NYS ASSEMBLY MAY 3, 2021

IF YOU'RE A -- A HOUSING PROVIDER AND YOU CATER TO THE WEALTHY, YOU

DON'T NEED TO WORRY ABOUT A RENTAL MORATORIUM BECAUSE THE WEALTHY ARE

GOING TO PAY. AND IF, BY THE WAY, IF YOU'RE A HOUSING PROVIDER AND YOU

CATER TO THE VERY POOR, YOU DON'T NEED TO WORRY BECAUSE YOU KNOW

WHAT? THEY GET HOUSING VOUCHERS AND THEY'RE GOING TO GET -- THEY'RE

GOING TO HAVE THEIR HOUSING PAID FOR. BUT IF YOU CATER TO THE WORKING

POOR, YOU'RE A HOUSING PROVIDER THAT WANTS TO HELP THE WORKING POOR,

AND YOUR MARGINS ARE CLOSE, THIS LEGISLATION WILL HURT YOU, AND IT'LL HURT

YOU A LOT. NOW, WE'RE TOLD THAT MOST TENANTS ARE HONEST. AND I BELIEVE

THAT, TOO. BUT WE ALSO KNOW THAT EVERY YEAR THOUSANDS AND THOUSANDS

OF TENANTS ARE EVICTED. WHY? BECAUSE THEY ARE NOT MOVING ON THEIR

OWN TO A LESS EXPENSIVE APARTMENT THAT THEY CAN AFFORD IF THEIR INCOME

HAS GONE DOWN. THAT DOESN'T MEAN THEY'RE CRIMINALS, IT JUST MEANS

THEY HAVEN'T MADE THE MOVE. AND WHAT DOES THIS LEGISLATION SAY? IT

SAYS YOU CAN'T AFFORD THE APARTMENTS YOU'RE IN? STAY THERE, IT'S OKAY.

YOU DON'T HAVE TO MAKE PARTIAL PAYMENTS. YOU DON'T HAVE TO MAKE

ANY PAYMENTS. ALL YOU'VE GOT TO DO IS FILL OUT A FORM THAT SAYS YOU'RE

SUFFERING FROM A HARDSHIP, DON'T WORRY. YOU DON'T EVEN HAVE TO PROVE

THE HARDSHIP. THERE'S NO DOCUMENTATION REQUIRED. AND AT THE END OF

THIS FOUR MONTHS, THERE'S ANOTHER TWO MONTHS AND JUST -- THE EVICTION

PROCESS TIME FRAME, AND THEN GOD KNOWS HOW MANY MORE MONTHS

OCA WILL ADD ON TOP OF THAT. AND THEN AT THE END OF NEARLY TWO YEARS,

WE CAN GATHER AGAIN AND WE CAN LOOK AT HOW MANY HOUSING PROVIDERS

HAVE GONE OUT OF BUSINESS. AND WE CAN LOOK AT HOW MANY TENANTS

ENDED UP WITH HUGE JUDGMENTS. HOW MANY TENANTS HAD THEIR CREDIT

100

NYS ASSEMBLY MAY 3, 2021

RATING DESTROYED. HOW MANY TENANTS ARE FACING BANKRUPTCY. AND HOW

MANY TENANTS HAVE LOST THEIR HOUSING AND NOW ARE HOMELESS BECAUSE OF

SHORTAGE OF HOUSING AND THE INCREASED COSTS THAT WE'VE PUT HAVE DRIVEN

UP THE COST OF HOUSING OUT OF THEIR REACH.

NOW, I SHARE, AS ALL OF US DO, A DESIRE TO HELP

EVERYONE THAT'S BEEN HURT BY COVID. WE'RE ALL THERE. WE ALL AGREE.

AND IF WE WANT TO HELP THOSE WHO HAVE BEEN HURT BY COVID WE HELP

THEM PAY THEIR BILLS. THAT'S HOW YOU HELP THEM. THAT'S NOT WHAT THIS

BILL DOES. THAT'S NOT WHAT THIS LEGISLATION DOES. THIS LEGISLATION

DOESN'T HELP ANYONE PAY ANYTHING. IT DOESN'T ACCELERATE THE PROCESS OF

HELPING THEM. IT DOESN'T APPROPRIATE MONEY FOR THEM. IT DOES NOTHING

TO HELP THEM ACTUALLY PAY THEIR BILLS AND LIVE A PRODUCTIVE LIFE WITHOUT

A HUGE JUDGMENT FACING THEM IN THE IMMEDIATE FUTURE.

SO WHAT'S THE END GAME? SEPTEMBER 1ST COMES

AROUND, ARE WE GOING TO START MASS EVICTIONS THEN? OKAY, THAT WOULD

BE JUST BEFORE CHRISTMAS. IS THAT THE END GAME? WE WANT TO BE FACING

40,000 POTENTIAL EVICTIONS JUST BEFORE CHRISTMAS? AND REMEMBER THAT

FUNDING WE PUT ASIDE, DOES THAT COVER TWO YEARS OF UNPAID RENT? NO.

IT DOESN'T. SO LET'S BE COMPASSIONATE. LET'S BE COMPASSIONATE FOR THE

TENANTS THAT SHOULD BE MOVING DOWN TO A LESS EXPENSIVE APARTMENT.

LET'S BE COMPASSIONATE TO THE HOUSING PROVIDERS THAT CATER TO THE

WORKING POOR. LET'S BE AS COMPASSIONATE AS WE CAN TO MINIMIZE

HOMELESSNESS. THIS BILL DOESN'T DO IT. THIS BILL DOES THE OPPOSITE.

YOU KNOW, A COUPLE OF 100 YEARS AGO WHEN WE WERE

JUST A COLONY, THE RESIDENTS OF THE STATE OF NEW YORK WERE OUTRAGED

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BECAUSE THE BRITISH GOVERNMENT FORCED THE RESIDENTS OF THE STATE OF

NEW YORK TO HOUSE BRITISH SOLDIERS FOR FREE. AND THEY WERE SO

OUTRAGED, THEY PUT IT RIGHT IN THE CONSTITUTION THAT YOU CAN'T DO THAT.

YET, NEW YORK STATE IS FORCING NEW YORK RESIDENTS TO HOUSE OTHERS

FOR FREE WITH ABSOLUTELY NO DUE PROCESS. NO OPPORTUNITY TO CHECK THE

VALIDITY OF THAT HARDSHIP EXEMPTION. NO OPPORTUNITY TO HAVE ACCESS TO

COURT. THAT'S RIGHT, WE'RE LOCKING THE DOORS TO THE COURT BECAUSE YOU

CAN'T EVEN BRING AN ACTION. AND HOW CAN WE SAY THAT'S COMPASSIONATE

WHEN WE'RE DESTROYING THE LIVES OF SO MANY HOUSING PROVIDERS AND

HURTING TENANTS LONG-TERM.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON A-7175-A. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES

TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION IS REMINDED

TO CONTACT THE MAJORITY OR THE MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CAUCUS IS GENERALLY OPPOSED TO THIS CONTINUED MORATORIUM. BUT THOSE

WHO SUPPORT IT ARE ENCOURAGED TO CALLED THE MINORITY LEADER'S OFFICE

SO WE CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

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MS. HYNDMAN: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT IS A PARTY VOTE. MAJORITY MEMBERS WILL BE RECORDED IN

THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY MEMBERS

TO CONTACT THE MAJORITY LEADER'S OFFICE TO RECORD THEIR VOTE AND WE'LL

ANNOUNCE THEIR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

TO EXPLAIN HIS VOTE, MR. DINOWITZ.

MR. DINOWITZ: THANK YOU. I'M HOPE -- I HOPE I

AM NOT INFERRING SOMETHING THAT WAS NOT IMPLIED, BUT I'M PRETTY SURE

ONE OF OUR COLLEAGUES CALLED ME A COMMUNIST EARLIER. I'VE NEVER BEEN

CALLED THAT ON THE FLOOR OF THE ASSEMBLY, I'M SURE WE HAVEN'T HAD MUCH

OF THAT SINCE THE RED SCARE OF THE '50S. SO, THAT'S RIDICULOUS.

I JUST WANT TO REITERATE. THIS BILL HELPS TENANTS AND

LANDLORDS, AND TO CHARACTERIZE IT AS ANYTHING OTHER THAN THAT IS SIMPLY

MISLEADING AND IT'S JUST NOT TRUE. THE -- THE SCARE TACTICS THAT I'VE HEARD

ON THE FLOOR REALLY ARE INAPPROPRIATE. I WISH, I JUST WISH, AND THIS IS

TRUE OF EVERY PRO TENANT BILL, AND THIS A PRO TENANT BILL, THAT WE PASS, I

WISH MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE WOULD BE EVEN

ONE-TENTH AS SYMPATHETIC TO TENANTS AS THEY ARE TO LANDLORDS, BECAUSE

I'M -- WE HEAR THE DEFENSE OF LANDLORDS -- AND I -- I FEEL BAD FOR A LOT OF

LANDLORDS, WE'RE TRYING TO HELP BOTH OF THEM. BUT WE HAVE TO HELP THE

MILLIONS AND MILLIONS OF TAXPAYING TENANTS IN THIS STATE. THAT'S WHAT

THIS BILL HELPS DO. THIS BILL, COMBINED WITH THE BUDGET, WHICH I

BELIEVE MOST PEOPLE ON THE OTHER SIDE OF THE AISLE VOTED NO ON,

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PROVIDED THAT $2.3 BILLION. IF YOU VOTED NO, THEN YOU WERE AGAINST

LANDLORDS GETTING THE PAYMENTS AND YOU'RE AGAINST TENANTS BEING

RELIEVED OF THOSE FINANCIAL OBLIGATIONS. SO, I STRONGLY URGE EVERYBODY

TO VOTE YES, AS -- AS I DO.

ACTING SPEAKER AUBRY: MS. WOERNER TO

EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MR. SPEAKER, TO -- FOR

ALLOWING ME TO -- TO RISE TO EXPLAIN MY VOTE. YOU KNOW, THE STABILITY

-- THE FINANCIAL STABILITY OF LANDLORDS AND THE FINANCIAL STABILITY OF

TENANTS IS SO CLOSELY LINKED. AND FOR THE LAST 14, 15 MONTHS WE HAVE

ASKED THE LANDLORDS IN NEW YORK STATE TO BEAR THE BURDEN OF THE SOCIAL

SAFETY NET THAT THE STATE IS SUPPOSED TO PROVIDE FOR THOSE WHO ARE

UNABLE TO COVER THE FULL COST OF THEIR HOUSING. AND THESE LANDLORDS

HAVE DONE THAT. AND NOW WE ARE SAYING, BECAUSE OUR STATE IS UNABLE

TO GET THE MONEY OUT THE DOOR, TO EVEN -- EVEN START THE APPLICATION

PROCESS, WE NEED TO PROVIDE ANOTHER FOUR MONTHS OF AN EVICTION

MORATORIUM THAT ONCE AGAIN ASKS THE LANDLORDS TO BEAR THAT FINANCIAL

BURDEN. AND THE FEAR, HERE, AND PERHAPS AS MS. -- AS MY COLLEAGUE

HAS SAID, IT'S FEAR MONGERING, BUT I THINK THE FEAR IS REAL, THAT WE WILL

START TO SEE LANDLORDS SELL OFF THEIR PROPERTY AND GET OUT OF THE BUSINESS

OF PROVIDING HOUSING TO PEOPLE WHO NEED IT. AND THESE ARE NOT PEOPLE

WHO EARN AT THE HIGH END OF THE INCOME SPECTRUM, THESE ARE PEOPLE

WHO EARN AT THE LOW END OF THE INCOME SPECTRUM. AND THAT'S WHO

DEPENDS ON THE PRIVATE LANDLORDS. AND FOR THAT REASON, I CANNOT

SUPPORT A FURTHER EXTENSION OF THIS EVICTION MORATORIUM BECAUSE THE --

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THE FATE OF THE LANDLORDS AND THE FATE OF THE TENANTS IS SO CLOSELY LINKED

AND WE ARE PUTTING THESE LANDLORDS AT RISK ONCE AGAIN. AND WITH THAT, I

WITHDRAW MY EXTENSION AND VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WOERNER IN THE

NEGATIVE.

MR. BARRON.

MR. BARRON: THANK YOU, MR. SPEAKER. THIS WAS

AN INCREDIBLE DEBATE. I HAVE NEVER HEARD A DEBATE PEPPERED WITH MORE

ABSURDITY IN ALL MY LIFE. THAT YOU CAN TURN A BILL THAT GIVES EVERY

PENNY OF 2.3 BILLION TO LANDLORDS, NOT A CENT TO RENTERS, EVERY PENNY TO

LANDLORDS, INTO A BILL THAT'S GOING TO CREATE HOMELESSNESS AND HARDSHIP

FOR LANDLORDS. IF YOU BUY THAT ONE, I'M SELLING YOU THE BROOKLYN

BRIDGE, JUST COME ON TO BROOKLYN AND MAKE A BID FOR ME. THIS BILL

SAYS EVEN IF YOU WERE ALLOWED TO EVICT, YOU'RE NOT GETTING YOUR MONEY.

COURTS ARE SHUT DOWN. NOT BECAUSE OF THIS BILL. YOU'RE NOT GOING TO

GET YOUR MONEY. THIS BILL SAYS, HEY LOOK, THERE'S -- MAJORITY OF THE

TENANTS ARE GOOD PEOPLE. SOME OF THEM ARE EVEN WORKING AND JUST

DON'T HAVE ENOUGH MONEY EVEN THOUGH THEY'RE WORKING TO PAY ALL THEIR

BILLS. AND THE BILL EVEN ALLOWS FOR BAD ACTORS TO BE PROCESSED. IT'S IN

THE BILL. SO, I DON'T GET IT. AND WHAT PERCENTAGE, NO ONE KNOWS THE

PERCENTAGE OF THESE BAD ACTORS. BUT I'LL GUAR -- GUARANTEE YOU IT'S A

SMALL PERCENTAGE. BUT YET, WE COME UP HERE TALKING ABOUT THIS IS BAD

FOR THE LANDLORDS. THEY'RE GETTING EVERY PENNY. THE LANDLORDS GET

EVERY PENNY. EVICTIONS DON'T GET THEM THEIR MONEY. IT PUTS THEM INTO

A PROCESS THAT MAY OR MAY NOT GET THEM ANY MONEY. SO, TO EXTEND IT --

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AND I AGREE WITH THE CRITICISM OF NOT GETTING THE MONEY OUT. LAST YEAR

MANY OF US WAS INSULTED BY THE $100 MILLION THAT THEY WERE TALKING

ABOUT WHEN WE HAD A TWO PLUS BILLION DOLLAR PROBLEM. THAT WAS AN

INSULT THAT WE SHOULD NOT HAVE SUPPORTED UNTIL WE GOT THAT --

ACTING SPEAKER AUBRY: MR. BARRON, PLEASE --

MR. BARRON: I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: VOTING IN THE

AFFIRMATIVE, MR. BARRON.

MR. EPSTEIN.

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

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: PLEASE.

MR. EPSTEIN: I JUST WANTED TO TALK ABOUT WHAT I'VE

SEEN IN MY DISTRICT WITH THE STRUGGLING TENANTS WHO ARE FALLING BEHIND

ON RENT BECAUSE EITHER THEY HAD A SMALL BUSINESS AND DIDN'T GET A PPP

LOAN, THEY LOST THEIR JOB AND DIDN'T HAVE OPPORTUNITY TO PAY THEIR RENT.

THEY'VE BEEN FORCED TO STAY HOME BECAUSE THEIR KIDS ARE NO LONGER IN

SCHOOL. STORY AFTER STORY AFTER STORY. AND THE REALITY IS, GOVERNMENT

HAS THE PLAN TO STEP IN HERE TO HELP. YOU SET ASIDE OVER $2 BILLION IN

RENT RELIEF, ANOTHER $100 MILLION FOR ADDITIONAL LANDLORD RELIEF FOR

ABANDONED TENANTS. WE DO NOT WANT MILLIONS OF TENANTS SHOWING UP IN

COURT BECAUSE THE LANDLORD THINKS THEY NEED TO BRING A PROCEEDING, AND

THEN THE GOVERNMENT GOES AHEAD AND PAYS THEIR RENT. WE NEED TIME FOR

THIS PROCESS TO WORK OUT. THAT'S EXACTLY WHAT THIS BILL DOES. IT SAYS,

HEY, MAY 1ST IT WAS -- MAYBE IT WASN'T A REALISTIC DEADLINE, THIS IS A

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REALISTIC DEADLINE, THIS IS A DEADLINE WE CAN LIVE WITH. THIS IS WHERE

PEOPLE WHO HAVE RENTERS AND GET IT PAID, THIS IS ABOUT MORAL, ECONOMIC

AND SOCIAL JUSTICE FOR PEOPLE. WE DON'T WANT THEM ON THE STREETS, WE

WANT THEM TO STAY IN THEIR HOME. WE DON'T NEED MORE HOMELESS

PEOPLE IN NEW YORK. THIS IS THE RIGHT PATH.

I WANT TO THANK THE SPONSOR. I WANT TO ENCOURAGE

EVERYONE TO VOTE IN FAVOR OF THIS. THIS IS NOT GOING DOWN A BAD ROAD,

THIS IS EXACTLY WHAT WE NEED TO DO AND I WANT TO MOVE FORWARD AS WE

PASS THIS BILL TO PROTECT MILLIONS OF NEW YORKERS. THANK YOU. I'LL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. TANNOUSIS.

MR. TANNOUSIS: THANK YOU, MR. SPEAKER. OVER

THE PAST FEW DAYS I'VE BEEN CONTACTED BY NUMEROUS SMALL LANDLORDS,

BOTH WITHIN MY DISTRICT AND OUTSIDE MY DISTRICT. MANY OF THEM ARE

IMMIGRANTS, THEY CAME HERE FROM THEIR RESPECTIVE HOMELANDS, WHETHER

THEY CAME WILLINGLY, FLED OR WERE PERSECUTED, AND THEY CAME HERE FOR

THE AMERICAN DREAM. AND THE FIRST THING THEY DID ONCE THEY WERE ABLE

TO MAKE A LITTLE MONEY AFTER WORKING HARD WAS TO PURCHASE PROPERTY.

AND NOW AT THIS POINT, THIS MANY MONTHS LATER AFTER PASSING THE FIRST

RENT MORATORIUM LAW WHERE THEY ARE NOW STRUGGLING TO PAY THE

MORTGAGE AND THE TAXES ON THESE PROPERTIES, UNFORTUNATELY, THEY ARE

STRUGGLING TO GET BY. NO ONE WANTS TO SEE STRUGGLING RESIDENTS THAT

HAVE LOST THEIR JOBS BECAUSE OF COVID ON THE STREET. NOBODY WANTS TO

SEE THAT INCREASE IN HOMELESSNESS. BUT THE PROBLEM, AND THIS IS WHAT

THESE LANDLORDS INFORMED ME OF, WAS THAT THIS LAW ALLOWS CERTAIN BAD

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ACTORS, AS MINUSCULE AS THEY MAY BE, TO CONTINUE THEIR OPERATIONS AND

TAKE ADVANTAGE OF THE SYSTEM. I ONLY WISH THAT THIS LAW ACTUALLY TOOK

THAT INTO ACCOUNT AND WENT FURTHER TO PROTECT OUR LANDLORDS. THEY DO

NOT FEEL THAT THEY ARE BEING ADEQUATELY PROTECTED AND IT'S ONLY A MATTER

OF TIME BEFORE THEY SELL OFF THEIR PROPERTIES AND THEY MOVE OUT OF STATE.

THANK YOU VERY MUCH, MR. SPEAKER. I VOTE IN THE

NEGATIVE.

ACTING SPEAKER AUBRY: WE ARE GOING TO

WITHDRAW THE ROLL CALL.

AND ON A MOTION BY MR. -- MR. DINOWITZ, THE SENATE

BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED. RECORD THE

VOTE. REMEMBER, THIS IS A PARTY VOTE WITH THE MINORITY IN THE

NEGATIVE. IF THERE ARE EXCEPTIONS, PLEASE CALL EITHER THE MAJORITY OR

MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

AND MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. WHILE I CERTAINLY FEEL FOR THE SMALL LANDLORDS, THE REALITY IS

THIS IS ESSENTIALLY A RENT SUBSIDY THAT IS $2.3 BILLION THAT WILL GO DIRECTLY

TO LANDLORDS. THE -- MY TENANTS IN MY AREA ARE NOT FREELOADERS. THEY

HAVE BEEN EXTRAORDINARILY ANXIOUS THAT THEY HAVE NOT BEEN ABLE TO PAY

THEIR BILLS. THOSE WHO HAVE LOST INCOME, WHICH IS A REQUIREMENT, YOU

HAVE TO HAVE BEEN IMPACTED. THE UNEMPLOYMENT INSURANCE HAS NOT

ALWAYS RUN SMOOTHLY, PEOPLE ARE VERY STRESSED. WE ARE NOT OUT OF THE

PANDEMIC. AND WHILE WE CAN MAKE A PRONOUNCEMENT THAT THE

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SUBWAYS ARE OPEN 24 HOURS OR THE CITY IS OPEN, THE REALITY IS A LOT OF

BUSINESSES ARE NOT BRINGING ALL OF THEIR PEOPLE BACK AND THE ECONOMIC

ACTIVITY THAT COMES FROM STREET TRAFFIC IS NOT NECESSARILY GOING TO

MAGICALLY WITH THE FLIP OF A SWITCH APPEAR. WE CANNOT HAVE PEOPLE

STILL IN THE MIDDLE OF A PANDEMIC FORCED INTO HOMELESSNESS. OR FORCED

INTO HOUSING COURT.

SO, I WITHDRAW MY REQUEST, THANK THE SPONSOR FOR HIS

DEFENSE OF THE BILL AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANK YOU, MR. SPEAKER. IN

SEPTEMBER THE HOUSEHOLD PULSE SURVEY INDICATED THAT IN NEW YORK

STATE THERE ARE SOMEWHERE BETWEEN 800,000 AND A

MILLION-AND-A-QUARTER TENANTS WHO ARE IN ARREARS ON THEIR RENT. ALL THIS

BILL ATTEMPTS TO DO IS TO PREVENT THE HORRENDOUS PROSPECT, THE INHUMANE

PROSPECT OF US ALL SEEING HUNDREDS OF THOUSANDS OF PEOPLE EVICTED.

YES, THE LANDLORDS ARE SUFFERING. YES, THE TENANTS ARE SUFFERING. IT'S

UNJUST. BUT COVID IS UNJUST. AND THAT IS OUR ENEMY TODAY, COVID,

AS WE ATTEMPT TO OVERCOME THE GREATEST TRAGEDY OF OUR LIFETIMES.

TWO -- TWO OBSERVATIONS: ONE, I WANT TO QUOTE

CHURCHILL, OR PARAPHRASE CHURCHILL WHO USED TO SAY THAT, THERE ARE

SCOUNDRELS ON BOTH ENDS OF THE SOCIAL STATUS SPECTRUM. AND LASTLY, AND

I MAY BE CRITICIZED FOR THIS, BUT TO THE EXTENT THAT I AM A MARXIST, I'M A

PRETTY PRAGMATIC MARXIST AND A FOLLOWER OF GROUCHO MARX AND NO ONE

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ELSE. I THINK IT'S TIME FOR US TO LOOK AT THIS CHALLENGE FROM A REALISTIC

POINT OF VIEW, AND THIS BILL PROTECTS NEW YORK STATE AND IT PROTECTS THE

UNITED STATES.

I'M PLEASED TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MR.

LAVINE IN THE AFFIRMATIVE.

MR. BROWN TO EXPLAIN HIS VOTE.

MR. BROWN: THANK YOU, MR. SPEAKER. MR.

SPEAKER, I'VE LISTENED TO THE DEBATE FOR THE LAST COUPLE OF HOURS AND I --

I RISE TO SPEAK AND EXPLAIN MY VOTE BECAUSE I FEEL THAT THIS BILL IS A

DISASTER. WHEN THE DUST SETTLES, NOT ONLY ARE LANDLORDS GOING TO SUFFER,

BUT TENANTS ARE GOING TO SUFFER. AND THE BANKS WHICH ARE GOING TO HAVE

TO FORECLOSE ON THE PROPERTIES ARE GOING TO HAVE TO SUFFER. SO WE'RE NOT

TALKING ABOUT MANHATTAN REAL ESTATE MOGULS. WE'RE TALKING ABOUT

ORDINARY PEOPLE WHO RENT OUT PARTS OF THEIR HOMES TO MAKE ENDS MEET.

NOW THEY HAVE TO DEAL WITH THE BURDEN OF NOT HAVING ANY RENT OR

UTILITIES BECAUSE PEOPLE ARE GOING TO FREELOAD AND NOT PAY THEIR RENT. IT

DENIES LANDOWNERS DUE PROCESS UNDER THE LAW AND ESSENTIALLY

CONFISCATES PRIVATE PROPERTY BY DENYING THEIR RIGHT TO COLLECT RENT UNDER

RENTAL AGREEMENTS WITH NO REMEDY. AND I WOULD ASK THE MEMBERS ON

THE OTHER SIDE OF THE AISLE THAT IF WE ARE TO PASS THIS LEGISLATION, TO

AMEND TO MAKE IT ON A MONTHLY BASIS SO WE COULD WORK ON A REAL

PRACTICAL SOLUTION THAT GETS TO THE HEART OF THE MATTER. KICKING THE CAN

DOWN THE ROAD TO AUGUST IS NOT AN ANSWER, WITH ALL DUE RESPECT. WE

NEED TO FIGURE OUT A WAY THAT WE CAN PREVENT THE FORECLOSURES AND WE

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CAN HELP TENANTS GET BACK ON THEIR FEET AND HELP LANDLORDS PAY THEIR

BILLS AS WELL.

SO I WOULD ASK THE SPONSOR AND I WOULD ASK THE

MEMBERS OF THE OTHER SIDE IF WE COULD WORK TOGETHER ON A BETTER

SOLUTION THAN WHAT'S PRESENTED HERE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. HYNDMAN FOR

EXCEPTIONS.

MS. HYNDMAN: MR. SPEAKER, PLEASE RECOGNIZE THE

FOLLOWING COLLEAGUES IN THE NEGATIVE: MR. SANTABARBARA, MS. WALLACE,

MR. SAYEGH, MR. STERN, MR. BURKE, MS. BUTTENSCHON, MR. BARRON --

I'M SORRY, MRS. BARRETT, MRS. GUNTHER AND MS. WILLIAMS.

ACTING SPEAKER AUBRY: THANK YOU.

(INAUDIBLE)

SAY AGAIN, PLEASE.

MS. HYNDMAN: LAST MINUTE ADDITION, MS. JEAN-

PIERRE.

ACTING SPEAKER AUBRY: THANK YOU. SO

NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, PLEASE RECOGNIZE

MR. PALMESANO FOR AN EXPLANATION ON A MOTION.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

MOVE TO DISCHARGE FROM THE COMMITTEE ON CORRECTIONS FOR FURTHER

CONSIDERATION OF ASSEMBLY BILL NO. A.5058 SPONSORED BY MYSELF FOR

THE PURPOSE OF BRINGING THE SAME BEFORE THE HOUSE FOR ITS IMMEDIATE

CONSIDERATION AND REQUEST PERMISSION TO EXPLAIN IT.

ACTING SPEAKER AUBRY: PROCEED. MOTION IS

IN ORDER, MR. PALMESANO. PLEASE PROCEED.

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

BILL DIRECTS THE COMMISSIONER OF DOCS TO ESTABLISH A CONTRABAND

SCREENING PLAN AT OUR CORRECTIONAL FACILITIES. WE KNOW THAT

CONTRABAND, WHETHER DRUGS, WEAPON OR CASH OR ANY OTHER ITEMS

SMUGGLE INTO OUR PRISONS PUTS EVERYONE AT RISK AND ALSO LEADS TO FIGHTS

AMONG INMATES AND VIOLENT ATTACKS ON OUR CORRECTIONAL OFFICERS AND

STAFF. IT'S A FACT -- IT'S A FACT AND IT'S DOCUMENTED. CONTRABAND AT OUR

PRISONS HAS BEEN ON THE RISE SIGNIFICANTLY, CREATING VIOLENT ASSAULTS AND

MORE GANG ACTIVITY. IN 2020 THERE WERE 3,948 INCIDENTS OF CONTRABAND

COMPARED TO 2,550 IN 2012, A 55 PERCENT INCREASE. THE FIVE-YEAR

AVERAGE OVER THE LAST FIVE YEARS IS 4,000 INSTANCES. AS OF APRIL 25TH OF

THIS YEAR WE ALREADY HAVE 1,188 INCIDENTS OF CONTRABAND YEAR-TO-DATE.

JUST LAST WEEK NYSCOPBA OFFICIALS CALLED ON THE LEGISLATURE TO TAKE

ACTION TO DEAL WITH THE RISE IN VIOLENCE IN OUR PRISON SYSTEM. SPEAKING

OF VIOLENCE, SINCE 2012 ASSAULTS ON OUR STAFF HAVE INCREASED UP 100

PERCENT, A 38 PERCENT INCREASE OVER THE PAST FIVE YEARS. THE FIVE-YEAR

AVERAGE, 924 PER YEAR. AS OF APRIL 25TH THIS YEAR, THERE ARE ALREADY

329 ASSAULTS ON STAFF YEAR-TO-DATE. INMATE-ON-INMATE ASSAULTS ARE UP

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85 PERCENT SINCE 2012, A 31 PERCENT INCREASE OVER THE PAST SIX YEARS.

FIVE-YEAR AVERAGE, 1,200. IT'S A DRAMATIC INCREASE OCCURRING, DESPITE A

44 PERCENT DROP IN OUR STATE INMATE POPULATION. THIS IS A DANGEROUS

AND VIOLENT ENVIRONMENT THAT WE'RE FACING. THIS BILL -- WE NEED A PLAN.

WE NEED TO PROVIDE TOOLS AND RESOURCES FOR OUR CORRECTIONS OFFICERS.

WE NEED A BILL. WE NEED THIS BILL. UNDER THIS BILL THE CONTRABAND

SCREENING PLAN WILL INCLUDE, BUT NOT BE LIMITED TO, SEARCHING VISITORS

AND CORRECTIONAL STAFF ENTERING THE CORRECTIONAL FACILITY USING LEGAL

MEANS INCLUDING TECHNOLOGY SCANNING SYSTEMS, PERMITTING USE OF K-9

DOGS AT OUR FACILITIES. AT LEAST 12 FACILITIES PER WEEK (INAUDIBLE). AND

TRAINING OUR STAFF UP-TO-DATE ON CURRENT SCREENING PROCEDURES. WE ALSO

NEED A SECURE VENDOR PROGRAM TO HELP KEEP THE DANGEROUS DRUGS FROM

GETTING INTO OUR -- THROUGH THE MAIL THROUGH THE PACKAGES. THIS BILL

WOULD ALSO REQUIRE THE COMMISSION TO PROVIDE AN UPDATE TO THE

LEGISLATURE ON AN ANNUAL BASIS REGARDING THE RESULTS OF THE K-9

ASSIGNMENTS, THE ATTEMPTS TO PROMOTE CONTRABAND, AS MANY OTHERS

ISSUES. WE SEE IT HIGHLIGHTED OVER AND OVER AGAIN ABOUT OFFICERS

INJURED, DRUGS SEIZED. I HAVE CASE AFTER CASE OVER THE PAST MONTH. ONE

EXAMPLE, ON APRIL 2ND AT THE MOHAWK CORRECTIONAL FACILITY, AN OFFICER

CONDUCTED A FRISK ON AN INMATE FOR CONTRABAND. HE RECOVERED A CELL

PHONE ON ONE SIDE OF HIS PANTS POCKET AND ANOTHER INSIDE HIS SOCKS THAT

CONTAINED SHEETS OF PAPER THAT HAD BEEN COATED WITH AN UNKNOWN

SUBSTANCE WHICH LATER DETERMINED TO BE SPRAYED WITH SYNTHETIC

MARIHUANA, KNOWN AS K2. THERE'S ANOTHER INCIDENT ALONG WITH THAT.

UP AT FIVE POINTS CORRECTIONAL FACILITY ON APRIL 9TH THERE WAS A LARGE

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INMATE FIGHT THAT THREE OFFICERS RECEIVED INJURIES FROM THE ATTACK. AND

RECENTLY ON APRIL 23RD A SERGEANT WAS OVERCOME BY DRUGS MAILED TO AN

INMATE AT MID-STATE CORRECTIONAL FACILITY. THE MEDICAL STAFF HAD TO

ADMINISTER NARCAN TO HIM TO DEAL WITH EXPOSURE FROM HEROIN AND

DEADLY FENTANYL.

MR. SPEAKER AND MY COLLEAGUES, THIS IS A DANGEROUS

SITUATION. IT'S PART OF OUR ENVIRONMENT. IT'S HAPPENING NOW INSIDE OUR

CORRECTIONAL FACILITIES. WE NEED TO BE ACTING NOW TO HELP PROTECT OUR

STAFF AND OUR INMATES. IT'S COMPLETELY UNACCEPTABLE. BUT YET THIS

ADMINISTRATION AND THIS BODY FAILS TO TAKE THE ACTION NECESSARY TO

PROVIDE THE TOOLS AND RESOURCES TO HELP KEEP THEM SAFE. YOU TAKE

AWAY TOOLS LIKE SHU. YOU PROVIDE RESOURCES TO INMATES BUT END UP

PROVIDING NOTHING TO OUR CORRECTIONS OFFICERS WHO ARE DOING A

DANGEROUS JOB. BUT WE CAN HELP THEM NOW BY PASSING THIS BILL. AND

LET'S BE VERY CLEAR. THIS IS NOT A PROCEDURAL VOTE. IT'S NOT ABOUT DOLLARS

OR DOING IT IN THE BUDGET. DON'T EVEN GO THERE. THIS IS A VOTE ON THE

MERITS SPECIFICALLY. WE SAID DURING THE HALT DEBATE THAT THERE WAS

PLENTY OF MONEY IN THERE WITH THE REQUIRED REBUILDING AND UPGRADES

THAT NEEDED TO BE DONE WITH THE PRISON CLOSURES. THAT MONEY SHOULD

CERTAINLY BE INVESTED BACK INTO THE -- OUR STAFF TO ENSURE SECURITY. WE

SHOULD MEET PRIORITIES FOR PROTECTION AND SAFETY AND SCREENING AND

TRAINING TO HELP KEEP THE DRUGS AND VIOLENCE OUT OF OUR FACILITIES TO

KEEP THEM SAFE. LET'S BE VERY CLEAR. A VOTE AGAINST THIS BILL, YOU'RE

SAYING -- IF YOU VOTE AGAINST THIS BILL YOU'RE SAYING IT'S OKAY FOR DRUGS

TO GET INSIDE OUR FACILITIES. IF YOU VOTE AGAINST THIS BILL YOU'RE SAYING

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YOU'RE OKAY WITH THE RISING VIOLENCE, GANG ACTIVITY AND ASSAULTS GOING

AGAINST OUR BRAVE MEN AND WOMEN WORKING A VERY DANGEROUS JOB TO

KEEP US SAFE. IF YOU VOTE AGAINST THIS BILL, YOU'RE BASICALLY SAYING

YOU'RE OKAY WITH THE RISING VIOLENCE OF ASSAULTS GOING ON AGAINST

INMATES BY OTHER INMATES IN OUR FACILITIES. HOWEVER, MR. SPEAKER AND

MY COLLEAGUES, A VOTE FOR THIS BILL IS ABOUT IMPROVING THE SITUATION AND

TRYING TO DEAL WITH THAT DANGEROUS POWDER KEG ENVIRONMENT. YOU'D

SEND A VERY CLEAR MESSAGE TO THE BRAVE MEN AND WOMEN WORKING THAT

DANGEROUS JOB THAT WE WANT TO GET THOSE DRUGS OUT OF OUR FACILITIES.

YOU'D SEND A VERY CLEAR MESSAGE THAT YOU WANT THEM TO BE SAFE, TO STOP

ON THE ASSAULTS AND VIOLENCE GOING INTO OUR FACILITIES. YOU'D SEND A

VERY CLEAR MESSAGE TO OUR -- OUR BRAVE MEN AND WOMEN WORKING INSIDE

THOSE FACILITIES THAT YOU DON'T WANT ANYONE TO LOSE THEIR LIFE BECAUSE

THEY'VE COME IN CONTACT WITH A DANGEROUS DRUG LIKE FENTANYL, OR BE

ATTACKED BY SOMEONE WHO DOESN'T CARE WHAT HAPPENS TO THEM BECAUSE

THEY CAN'T GO IN THE SHU OR ANYTHING ELSE. WE NEED TO PASS THIS BILL.

FOR ONCE, WE NEED -- WE CAN AND WE MUST DO BETTER, MR. SPEAKER AND

MY COLLEAGUES. WE HAVE TO SHOW THE BRAVE MEN AND WOMEN, THE

CORRECTIONS OFFICERS, WE HAVE THEIR BACK INSTEAD OF STABBING THEM IN THE

BACK. WE HAVE -- THEY HAVE OUR BACK EACH AND EVERY DAY. WE SHOULD

SHOW THEM WE HAVE THEIR BACK. WE CAN DO THAT BY PASSING THIS BILL

TODAY. WE CERTAINLY OWE THEM AT LEAST THAT.

AND FOR THESE REASONS, MR. SPEAKER, I URGE MY

COLLEAGUES IN THIS HOUSE TO DO THE RIGHT THING FOR OUR BRAVE MEN AND

WOMEN, AGAIN, WHO ARE WORKING A DANGEROUS JOB TO KEEP US SAFE. VOTE

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YES ON THIS LEGISLATION. IT'S THE RIGHT THING TO DO. THANK YOU SO VERY

MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

MR. WALCZYK.

MR. WALCZYK: THANK YOU, MR. SPEAKER. ON THE

MOTION TO DISCHARGE. MANY OF MY COLLEAGUES HAVE TOURED AND TALKED

ABOUT TOURING THE CORRECTIONAL FACILITIES AND TALKING ABOUT EXACTLY THE

ISSUE THAT THE ESTEEMED, DISTINGUISHED AND WELL-RESPECTED COLLEAGUE OF

MINE FROM THE FINGER LAKES REGION HAS BROUGHT FORWARD HERE TODAY,

AND I HOPE THAT THEY'LL SUPPORT THIS MEASURE. THERE IS A GANG MEMBER

COOKBOOK OUT THERE, AND IT'S PUTTING DRUGS DIRECTLY INTO THE HANDS OF

INMATES. THERE'S SOME NEAT THINGS, AND I'M NOT TELLING -- I'M NOT TELLING

ANY SECRETS HERE BECAUSE IT IS WIDE OPEN. YOU CUT THE FINGERS OFF OF A

LATEX GLOVE AND YOU STUFF THAT WITH K2 SPICE OR WHATEVER YOU LIKE.

YOU PUT THAT IN A FOOD PACKAGE THAT LOOKS LIKE IT SHOULD BE CARRYING

SAUSAGES TO THE INMATE AND YOU SEND THAT ON IN THE PACKAGE. IT GOES

THROUGH THE MAIL, ENDS UP IN THAT INMATE'S HANDS. IF IT'S MISSED BY THE

MAIL STAFF, WHICH OFTEN IT IS, AND THEN THEY CAN SMOKE THAT STUFF OR USE

THAT STUFF, ENDANGER THEMSELVES, OTHER INMATES AND OTHER CORRECTIONS

OFFICERS. YOU CAN TAKE SUBOXONE STRIPS AND YOU CAN ORGANIZE THEM IN

A WAY IN A BOOK BINDING AND PUT THAT BOOK BINDING RIGHT BACK IN AND

SEND IT AS A NICE-LOOKING PIECE OF MEDIA THROUGH THE MAIL. IT GOES

STRAIGHT THROUGH THE MAILROOM. IF IT'S MISSED BY THE EMPLOYEE IN THE

CORRECTIONAL FACILITY, WHICH OFTEN IT IS, SOMETIMES THEY CATCH -- I MEAN,

THEY DO THE BEST THAT THEY CAN. WE'VE ALSO GOT A BILL OUT THERE TO PUT

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DRUG DOGS IN EACH FACILITY. THAT WOULD BE HELPFUL. BUT IF IT'S MISSED,

THEN THAT SUBOXONE WILL END UP DIRECTLY INTO THE HANDS OF AN INMATE TO

ENDANGER THE LIFE OF ANOTHER INMATE OR EMPLOYEE OF THE STATE OF NEW

YORK. YOU CAN WRAP CERAMIC BLADES IN WAX PAPER, BAKE THEM INTO A

BIRTHDAY CAKE AND SEND THAT TO YOUR INMATE GANG MEMBER. HE CAN

OPEN THAT THING UP, ENJOY SOME OF THE CAKE AND ALSO THE CERAMIC BLADES

IN ORDER TO ENDANGER ANOTHER INMATE UNDER OUR CARE, AND AN EMPLOYEE

OF THE STATE OF NEW YORK WORKING HARD TO KEEP THOSE -- THOSE FOLKS

SAFE EVERY SINGLE DAY AND US SAFE EVERY SINGLE DAY. YOU CAN SOAK

PAGES OF A BOOK IN FENTANYL AND SEND THAT THROUGH THE MAIL. VERY

DIFFICULT TO DETECT. I KNOW WE'RE TRYING TO ELIMINATE FENTANYL FOR THE

REST OF THE POPULATION. BELIEVE IT OR NOT, IT IS A MAJOR PROBLEM IN OUR

CORRECTIONAL FACILITIES RIGHT NOW. IN -- OKAY, LET'S -- LET'S SEPARATE THE --

THE VIOLENCE THAT MY COLLEAGUE TALKED ABOUT AND THE ENDANGERING OF

INMATES AND THE ENDANGERING OF THOSE STATE EMPLOYEES. LET'S TALK

ABOUT THE BILLS AT YOUR LOCAL HOSPITAL. LET'S TALK ABOUT THE AMBULANCE

RIDES, THE VOLUNTEER AMBULANCE SERVICES THAT HAVE TO GIVE INMATES A

RIDE TO THEIR LOCAL HOSPITAL ON OUR DIME BECAUSE WE'VE ALLOWED THESE

SUBSTANCES TO -- TO GET THROUGH. AND MY COLLEAGUE HAS BROUGHT

FORWARD THIS BILL, MR. SPEAKER, WHICH IS A VERY SIMPLE SOLUTION. WE

CAN MAKE EVERYBODY IN THE CORRECTIONAL FACILITIES MORE SAFE BY

IMPLEMENTING THIS. WE CAN MAKE THE STATE EMPLOYEES MORE SAFE. WE

CAN IMPLEMENT THE SECURE VENDOR PROGRAM. AND NOT ONLY ON THE

SECURE VENDOR PROGRAM, BUT ON THE SCREENING SIDE, BELIEVE IT OR NOT,

GANGS ARE PAYING HUMAN TRAFFICKERS WHICH COLLECT MULES. THEY TRAFFIC

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PEOPLE TO GO AROUND TO DIFFERENT CORRECTIONAL FACILITIES THROUGHOUT NEW

YORK STATE TO TRAFFIC DRUGS ON VISITOR DAY INTO THAT FACILITY. IT'S A HUGE

PROBLEM. SOMETIMES BACKGROUND CHECKS WILL CATCH IT. SOMETIMES THE

-- THE DRUG DOG IS THERE ON JUST THE RIGHT DAY AND THE -- THE HUMAN WHO

IS BEING TRAFFICKED, THE DRUG MULE, WILL TURN AROUND IN THE PARKING LOT

BECAUSE THEY SEE THAT THAT DRUG DOG IS THERE THAT DAY AND WE MISS THEM.

THIS BILL WILL FIX A LOT OF THOSE PROBLEMS. AND WE NEED TO DO BETTER.

SO ASSEMBLY BILL A.5058 IS BROUGHT BEFORE US HERE TODAY TO CREATE A

DEPARTMENT OF CORRECTIONS PROGRAM THAT WILL ADDRESS THE SCOURGE OF

DRUGS THAT IS GETTING INTO OUR SYSTEM. MY COLLEAGUE HAS BROUGHT IT

BEFORE THIS HOUSE TODAY WITH MANY COSPONSORS. IT'S BEEN VETTED

THROUGH AND THROUGH. HE'S THOUGHT THIS BILL THROUGHOUT AND GAVE IT --

HE'S EVEN GOT A SPONSOR IN THE HIGHER HOUSE, IN THE SENATE. IT IS AN

EXCELLENT PIECE OF PUBLIC POLICY AND WILL GO A LONG WAY.

MR. SPEAKER, I WOULD JUST END IN SAYING THAT IS MORE

THAN JUST A PROCEDURAL VOTE. THIS IS AN OPPORTUNITY FOR US TO WORK

TOGETHER AS REPUBLICANS AND DEMOCRATS TO PUT IN A SOUND PUBLIC POLICY

THAT IS GOING TO KEEP INMATES SAFER AND STATE EMPLOYEES SAFER AND IT'S

JUST COMMON SENSE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. HYNDMAN.

MS. HYNDMAN: THANK YOU, MR. SPEAKER. I WANT

TO REMIND MY COLLEAGUES THAT THERE ARE ALREADY PROCEDURES IN PLACE TO

KEEP VISITORS AND STAFF SAFE AT CORRECTIONAL FACILITIES. I ALSO WANT TO

REMIND MY COLLEAGUES THAT THE PROPER PROCEDURE OF DISPENSING OF BILLS

IS THROUGH THE COMMITTEE PROCESS. TODAY WE ARE BEING ASKED TO VOTE

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TO HAVE A BILL BYPASS -- TO HAVE THIS MOTION BYPASS THAT PROCESS. I DON'T

THINK IT'S RESPONSIBLE THAT WE MOVE IN THIS MANNER. AND, MR. SPEAKER,

I WOULD ASK THAT MY COLLEAGUES VOTE AGAINST THIS MOTION.

ACTING SPEAKER AUBRY: AGAIN, MEMBERS ARE

REMINDED THAT REGARDLESS OF WHAT HAS BEEN SAID THAT THIS MOTION IS

PROCEDURAL.

MR. GOODELL.

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

ALLOWING ME TO SPEAK, ALTHOUGH I KNOW WE'RE ANXIOUS TO VOTE ON THIS.

AND AS MY COLLEAGUE HAD NOTED, THIS IS A PROCEDURAL MOTION IN THE

SENSE THAT IT -- IT ASKS THAT THIS BILL BE RELEASED FROM COMMITTEE AND

VOTED ON BY THE FULL -- FULL LEGISLATIVE BODY. AND WHY ARE WE MAKING

THIS MOTION? WELL, BECAUSE THIS BILL HAS BEEN BOTTLED UP NOT JUST FOR A

FEW WEEKS OR A FEW MONTHS, BUT FOR YEARS. HOW LONG ARE WE GOING TO

WAIT BEFORE WE IMPLEMENT CONTRABAND SCREENING AT OUR PRISONS TO

PROTECT OUR PRISONERS AND TO PROTECT THOSE WHO ARE SWORN TO HELP THEM

AS GUARDS? IF NOT NOW, WHEN? AND IF WE HAD ANY ASSURANCE THAT AFTER

YEARS THAT THIS BILL MIGHT ACTUALLY BE REPORTED OUT, I WOULD JOIN MY

COLLEAGUES IN THEIR PATIENCE. BUT IT HASN'T HAPPENED AND THERE'S NO

REASON WHY WE CANNOT MOVE FORWARD TO MAKE OUR PRISONS SAFER FOR

EVERYONE STARTING TODAY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: AGAIN, MEMBERS ARE

REMINDED THAT THE MOTION BEFORE THE HOUSE IS A PROCEDURAL QUESTION.

IT IS NOT -- IT'S NOT A VOTE ON THE MERITS OF THE BILL.

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ON MR. PALMESANO'S MOTION, THE CLERK WILL RECORD THE

VOTE. THIS IS A PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS

AN EXCEPTION TO THEIR CONFERENCE POSITION IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY IN SUPPORT OF A.50 -- 5058 IN TERMS OF

REPORTING IT TO THE FLOOR. THIS IS A BILL THAT RELATES TO CONTRABAND

SCREENING AT CORRECTIONAL FACILITIES. IF THERE ARE REPUBLICANS WHO DO

NOT WISH THIS BILL TO BE CONSIDERED AT THIS TIME THEY SHOULD CALL THE

MINORITY LEADER'S OFFICE SO WE CAN PROPERLY RECORD THEIR VOTE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. HYNDMAN.

MS. HYNDMAN: I WOULD LIKE TO REMIND MY

COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE

RECORDED IN THE NEGATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY

MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER

PROVIDED. I WILL THEN ANNOUNCE YOUR NAME ACCORDINGLY.

ACTING SPEAKER AUBRY: THANK YOU.

(THE CLERK RECORDED THE VOTE.)

MS. HYNDMAN FOR EXCEPTIONS.

MS. HYNDMAN: YES. PLEASE RECORD THE FOLLOWING

COLLEAGUES IN THE POSITIVE -- I MEAN, AFFIRMATIVE: MR. STERN, MR.

SANTABARBARA, MS. BUTTENSCHON AND MRS. GUNTHER.

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ACTING SPEAKER AUBRY: SO NOTED.

ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE MOTION IS LOST.

MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, DO WE HAVE ANY

HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NO

HOUSEKEEPING, BUT WE DO HAVE A -- SEVERAL RESOLUTIONS. BUT FIRST, MS.

-- RESOLUTION NO. 230, MS. RICHARDSON, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 230, MS.

RICHARDSON. LEGISLATIVE RESOLUTION CELEBRATING THE LIFE OF DR. ROY A.

HASTICK, SR., DISTINGUISHED CITIZEN AND DEVOTED MEMBER OF HIS

COMMUNITY.

ACTING SPEAKER AUBRY: MS. RICHARDSON ON

THE RESOLUTION.

MS. RICHARDSON: MR. SPEAKER, IT IS MY DISTINCT

HONOR TO RISE AND ACKNOWLEDGE AND CELEBRATE THE LIFE OF THE HONORABLE

DR. ROY A. HASTICK, A PILLAR IN THE CARIBBEAN DIASPORA AND THE LOCAL

COMMUNITY AT-LARGE. BORN IN GRENADA, WEST INDIES ON MAY 10TH OF

1950, DR. ROY A. HASTICK MIGRATED TO THE UNITED STATES OF AMERICA IN

1972. HE ESTABLISHED THE CARIBBEAN AMERICAN CHAMBER OF

COMMERCE, ALSO KNOWN AS CACCI IN 1985. AND TODAY THIS

ORGANIZATION PROUDLY HAS OVER 2,000-PLUS MEMBERS LOCALLY HERE AND

ALSO INTERNATIONALLY. CACCI HAS BECOME REALLY A STEWARD AND A

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BEACON FOR YOUNG CARIBBEAN AMERICAN ENTREPRENEURS AND THE WIDER

BUSINESS COMMUNITY. TODAY THEY HAVE HOSTED OVER 600 BUSINESS

DEVELOPMENT SEMINARS, CREATED ACCESS TO BUSINESS RESOURCES, FACILITATE

SOURCING OF CONTRACTS AND NETWORKING, NETWORKING, NETWORKING,

SOMETHING THAT DR. ROY HASTICK HAD ON A MONTHLY BASIS THROUGH HIS

MORNING BREAKFASTS, WHICH NEVER STARTED ON TIME. FRIENDLY JOKE.

CACCI HAS GONE BEYOND JUST DOING THINGS IN THE BUSINESS COMMUNITY.

THEY HAVE REALLY STOOD OUT FOR ALL OF THE CARIBBEAN COUNTRIES WHEN

DISASTER HAS STRUCK, MOST NOTABLY ST. KITTS AND NEVIS, ANTIGUA AND

BARBUDA, HAITI, GRENADA, AND NOW WE SEE WHAT IS GOING ON IN ST.

VINCENT AND THE GRENADINES. DR. ROY A. HASTICK HAS ALWAYS BEEN

DRAWN TO SERVICE AND HAS SERVED OUR COMMUNITY IN AN ENORMOUS

AMOUNT OF WAYS. I MEAN, HE HAS SERVED ON THE TRANSITION TEAMS OF

GOVERNORS, MAYORS, LOCAL BOROUGH PRESIDENTS. HE HAS SERVED ON THE

BROOKLYN NAVY YARD DEVELOPMENT CORPORATION ADVISORY BOARD, THE

JP MORGAN CHASE COMMUNITY ADVISORY BOARD, THE NEW YORK CITY

COMPANY [SIC], WHICH IS ALSO THE MARKETING ARM FOR THE CITY OF NEW

YORK, AND SO MUCH MORE. DR. HASTICK'S COMMITMENT TO COMMUNITY

AND EXCELLENCE IS SOMETHING THAT THE RESIDENTS OF THE MIGHTY 43RD

ASSEMBLY DISTRICT COULD NEVER FORGET. FOR ME PERSONALLY AS A LEADER,

WE OFTEN HEAR ABOUT THE OLD GUARD NOT PASSING THE BATON TO THE NEWER

GENERATION, BUT THAT IS FAR FROM WHAT DR. HASTICK EMBODIED. HE

ENCOURAGED ME, HE HAS ENCOURAGED A SLEW OF LEADERS THAT HAVE COME

UP. AND I REALLY WANT TO AGAIN JUST SAY HOW MUCH I LOVED HIM AND

HOW MUCH HE HAS POURED INTO OUR COMMUNITY AND HE WILL GREATLY BE

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MISSED.

HE IS SURVIVED BY HIS LOVING AND DEDICATED WIFE, DR.

EDA HASTICK, FOUR SISTERS, HIS SON, DAUGHTERS, NIECES, NEPHEWS AND

GRANDCHILDREN. MR. SPEAKER, I WOULD ALSO LIKE TO NOTE THAT THIS

UPCOMING SATURDAY, MAY 8TH, WE WILL BE RENAMING CATON AVENUE AND

FLATBUSH AFTER DR. ROY A. HASTICK, WHERE HE WILL HAVE A NEW

UPCOMING CARIBBEAN TRADE CENTER THAT IS GOING TO BE AT THAT CORNER, A

PROJECT THAT HE DID NOT GET TO LIVE TO SEE, BUT AS YOUNG LEADERS WE WILL

ENSURE IS DONE RIGHT IN HIS MEMORY.

I AM THANKFUL THAT THIS LEGISLATIVE BODY HAS PAUSED IN

ITS DELIBERATIONS TO CELEBRATE THE LIFE OF DR. ROY A. HASTICK, A PILLAR OF

NEW YORK STATE. WE REMEMBER HIM AND I SAY THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WEINSTEIN ON THE RESOLUTION.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. I WANT

TO JOIN MY COLLEAGUE AND I KNOW SO MANY OF US IN BROOKLYN IN PAYING

HONOR TO THE MEMORY AND WORK OF DR. ROY HASTICK. DR. HASTICK WAS A

FRIEND. HE -- I PROBABLY KNEW HIM FOR -- KNEW HIM FOR OVER 30 YEARS,

PROBABLY EVEN LONGER. HIS WORK IN OUR COMMUNITY, IN THE EAST

FLATBUSH COMMUNITY THAT I REPRESENT AND IN ALL OF BROOKLYN HAS MADE A

TREMENDOUS DIFFERENCE IN OUR COMMUNITIES. I WAS VERY PROUD TO BE

ABLE TO HELP FINANCE SOME OF THEIR PROJECTS AND EVEN HAVE -- TO SEE HIS

DREAM OF A CENTER FOR CARIBBEAN AMERICAN BUSINESSES, ENTREPRENEURS,

COME TO LIFE. I KNOW IT'S SOMETHING THAT WHEN IT STARTED WAS JUST A

DREAM, BUT IT IS BECOMING A REALITY THAT WILL HELP NOT ONLY

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BROOKLYNITES, BUT PEOPLE THROUGHOUT THE STATE AND THROUGHOUT THE

COUNTRY, QUITE FRANKLY. HIS WIFE, DR. HASTICK, WAS IN HER OWN RIGHT A

WONDERFUL WOMAN AND IT IS A SHAME THAT HE WAS TAKEN FROM US BY

COVID. AND -- BUT THE GOOD THING TO KNOW IS THAT HIS WORK CONTINUES

AND HIS MEMORY LIVES ON.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BARRON ON THE RESOLUTION.

MR. BARRON: THANK YOU, MR. SPEAKER. MAN, YOU

KNOW, I WAS SO SHOCKED TO HEAR OF HIS PASSING, BUT I'VE KNOWN DR.

HASTICK - WE CALL HIM ROY, HE CALLS ME CHARLES - I'VE KNOWN HIM FOR

DECADES. AND THE BEAUTIFUL THING ABOUT HIM -- I KNOW THEY MENTIONED

A LOT OF WORK HE DID WITH THE CARIBBEAN AMERICAN COMMUNITY, BUT HE

WAS FOR ALL AFRICAN PEOPLE. WHETHER YOU WERE IN THE CARIBBEAN OR

HERE, BORN HERE IN AMERICA. AND HE WAS WITH ALL KINDS OF POLITICAL

FOLK. WHETHER YOU'RE A BLACK RADICAL REVOLUTIONARY LIKE ME OR

SOMEONE MORE MODERATE, ROY WAS THERE FOR YOU. HE WAS HONEST,

STRAIGHTFORWARD. HE'S GOING TO BE MISSED. THE WORK HE'S DONE, AT LEAST

IT WILL BE CANONIZED. IT WILL BE REMEMBERED BY WAY OF A STREET

RENAMING AND SOME OF THE PROJECTS. BUT DR. HASTICK, MAN, HE'S A -- A

HERO TO MANY OF US. AND EVEN IF YOU DISAGREED WITH STUFF HE STILL

DISAGREED IN LOVE AND WAS STILL ABLE TO UNITE AND DO WORK THAT HAD TO BE

DONE.

SO I'M GLAD WE'RE HONORING HIM TODAY, HIS FAMILY, HIS

WIFE, ALL THOSE LOVED ONES HE -- THAT'S STILL WITH US. IT IS AN HONOR THAT

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WE ARE HONORING HIM, A MAN OF HIGH QUALITY. WHEN WE HONOR ROY

HASTICK, WE HONOR THE BEST IN OURSELF. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANDERSON ON THE RESOLUTION.

MR. ANDERSON: THANK YOU, MR. SPEAKER.

ON THE RESOLUTION.

ACTING SPEAKER AUBRY: SIR.

MR. ANDERSON: I WANT TO TAKE THIS OPPORTUNITY

THIS AFTERNOON TO COMMEMORATE AND THANK AND UPLIFT THE LIFE OF DR.

HASTICK. FOR SOMEONE WHO HAS LIVED A TREMENDOUS LIFE, HAS DEDICATED

HIS LIFE TO PUBLIC SERVICE, IT'S CRITICALLY IMPORTANT THAT WE RECOGNIZE

THIS. BUT I HADN'T HAD THE OPPORTUNITY TO MEET DR. HASTICK-MOTES, BUT I

HAD THE OPPORTUNITY TO WORK WITH FOR YEARS HIS DAUGHTER, RENEE

HASTICK-MOTES, WHO WORKS AT ST. JOHN'S HOSPITAL HERE IN THE 31ST

ASSEMBLY DISTRICT. AND THE WORK THAT SHE DOES EVEN WITH HAVING HAD

LOST HER FATHER CONTINUOUSLY SERVING OUR COMMUNITY AT THE LARGEST

PROVIDER OF HEALTHCARE IN OUR DISTRICT. IT'S CRITICALLY IMPORTANT THAT WE

RECOGNIZE THIS FAMILY, INCLUDING DR. -- THE LATE DR. HASTICK, FOR THEIR

COMMITMENT TO PUBLIC SERVICE, THEIR COMMITMENT TO PROVIDING

HEALTHCARE, THEIR COMMITMENT TO CARIBBEAN AMERICAN AND BLACK

COMMUNITIES ALL ACROSS THIS CITY.

SO I PROUDLY VOTE IN THE AFFIRMATIVE ON THIS RESOLUTION

AND I'M THANKFUL FOR HIS FAMILY AND THE WORK THAT THEY HAVE DONE TO

MOVE OUR GOALS FORWARD HERE IN THE CITY OF NEW YORK. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

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MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION. I FIRST WOULD LIKE

TO THANK THE SPONSOR FOR BRINGING UP THIS RESOLUTION IN MEMORY AND

CELEBRATING THE LIFE OF DR. ROY A. HASTICK, WHO WAS DEFINITELY DEVOTED

TO OUR COMMUNITY. HE WAS A PIONEER IN MAKING SURE THAT WE BROUGHT

ECONOMIC DEVELOPMENT. HE WAS THE CHAIR AND THE FOUNDER OF THE

CARIBBEAN CHAMBERS OF COMMERCE AND INDUSTRIES [SIC]. AND I HAVE TO

TELL YOU THAT HE WAS A MENTOR TO ME AS IT RELATES TO MINORITY AND

WOMEN BUSINESS ENTERPRISE. HE WAS AN UNIFIER. HE WAS A UNIFIER OF ALL

(INAUDIBLE) CULTURES AND RACES AND ETHNIC BACKGROUNDS. AND HE WAS

THAT ONE FORCE THAT FORCED US TO ALSO GET INVOLVED IN ECONOMIC

DEVELOPMENT. A LOT OF TIMES WE -- WE'RE -- WE WERE FIGHTING FOR SOCIAL

JUSTICE AND WE TEND TO FORGET ABOUT ECONOMIC JUSTICE. AND HE WAS THAT

MAN. HE WAS THE MAN WHO CARED ABOUT THE SMALL BUSINESSES, EACH OF

THE CORNERS. HE GOT ALL DIFFERENT TYPE OF PROFESSIONS AND ALL THE

DIFFERENT INDUSTRIES TOGETHER IN A ROOM, AND OUR BREAKFASTS IN THE NAVY

YARD. HE WAS A FORCE. AND I'M ALSO VERY PROUD THAT WE WILL BE

NAMING A CENTER -- A PART OF CENTER AFTER HIM. (INAUDIBLE) COMMUNITY

THERE. IT'S GOING TO BE THE ROY HASTICK (INAUDIBLE) BUSINESS CENTER IN

FLATBUSH. AND SO WE'RE JUST REALLY PROUD THAT HIS MEMORY LIVES WITH US

FOREVER.

AND SO THANK YOU FOR THIS RESOLUTION. WE MISS YOU,

WE LOVE YOU, DR. HASTICK, AND WE WILL ALWAYS REMEMBER YOU. THANK

YOU.

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ACTING SPEAKER AUBRY: MR. HEASTIE ON THE

RESOLUTION.

MR. HEASTIE: WELL, THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SHOW SUPPORT OF THIS RESOLUTION. YOU KNOW, DR.

HASTICK AND I, WE USED TO JOKE THAT WE WERE COUSINS BECAUSE OUR

NAMES SOUNDED SIMILAR, HASTICK AND HEASTIE, AND THAT'S HOW HE WOULD

ALWAYS INTRODUCE ME, YOU KNOW, AS HIS COUSIN. AND AS WAS MENTIONED

EARLIER BY ONE OF OUR COLLEAGUES, I REMEMBER ONE OF THE THINGS THAT DR.

HASTICK USED TO SAY, IT WAS VERY IMPORTANT FOR HIM THAT BLACK PEOPLE

WERE UNITED. AND HE WOULD OFTEN SAY, YOU KNOW, THAT WE ALL CAME

FROM DIFFERENT SHIPS BUT WE -- BUT WE ALL LANDED IN THE -- IN THE SAME

PLACE AND. IT WAS ALWAYS IMPORTANT FOR HIM THAT ALL BLACK PEOPLE WERE

UNITED. AND, YOU KNOW, I HAD VISITED HIM AND SPOKE TO HIM AFTER HE

HAD SUFFERED THE STROKE, AND IT JUST SHOWED, YOU KNOW, HOW -- WHO HE

WAS AND WHAT HIS SPIRIT WAS LIKE. IT SLOWED HIM DOWN A LITTLE BIT IN THE

BODY, BUT IT DIDN'T SLOW HIM DOWN IN THE MIND AND WITH EVERYTHING THAT

HE STOOD FOR. HE WAS A REALLY GOOD FRIEND AND -- AND HE IS GOING TO BE

MISSED. AND I KNOW BROOKLYN LIKES TO CLAIM HIM. HE WAS A BROOKLYN

GUY, BUT WE LOVED HIM DEEPLY IN THE BRONX. SO I'M SO HAPPY WE ARE

SHOWING THE DUE RESPECT THAT WE'RE GIVING TO MY COUSIN DR. ROY

HASTICK. MAY HE REST IN PEACE, BUT HIS HONOR AND LEGACY WILL LIVE ON.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

WE HAVE NUMEROUS OTHER FINE RESOLUTIONS. WE SHOULD

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ALSO TAKE THESE UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 228, 229 AND

232 WERE UNANIMOUSLY ADOPTED.)

MS. HYNDMAN.

MS. HYNDMAN: I NOW MOVE THAT THE ASSEMBLY

STAND ADJOURNED UNTIL 12:00 P.M. NOON, TUESDAY, MAY 4TH, TOMORROW

BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:43 P.M., THE HOUSE STOOD ADJOURNED

UNTIL 12:00 NOON, TUESDAY, MAY 4TH, THAT BEING A SESSION DAY.)

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