TUESDAY, FEBRUARY 13, 2024 2:27 P.M.

ACTING SPEAKER AUBRY: The House will come

to order.

In the absence of clergy, let us pause for a moment of

silence.

(Whereupon, a moment of silence was observed.)

Visitors are invited to join the members in the Pledge

of Allegiance.

(Whereupon, Acting Speaker Aubry led visitors and

members in the Pledge of Allegiance.)

A quorum being present, the Clerk will read the

Journal of Monday, February 12th.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, I move to

dispense with the further reading of the Journal of Monday, February

the 12th and ask that the same stand approved.

ACTING SPEAKER AUBRY: Without objection, so

NYS ASSEMBLY FEBRUARY 13, 2024

ordered.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, sir. To all

the members that are in the Chambers as well as their guests that are

here, good afternoon. It's nice to see you all. I do have another part of

the James Weldon Johnson originally a poem, now a song that I would

like to share. This one says stony the road we trod, bitter the

chastening rod, felt in the days when hope had died; yet with a steady

beat, have not our weary feet, come to the place where our fathers

sighed, we have come over the way with tears that have been watered,

we have come treading our path through the blood of the slaughtered,

out of the gloomy past, till now we stand at last. Again, these words

are from James Weldon Johnson and Civil Rights Activist, member of

the NAACP and infamous writer of the Black National Anthem.

Mr. Speaker, members have on their desks an

A-Calendar. After you have done any introductions and/or

housekeeping we're going to begin our work by taking up on consent,

Calendar No. 4 by Mr. Sayegh. We will then take up new bills

beginning with Calendar No. 297, it's on Page 35. We will note, we're

not taking up resolutions on Page 3 today, Mr. Speaker. We're going

to start right with our legislative work. We will then take up the

following bills on debate: Calendar No. 276 by Ms. Rosenthal,

Calendar No. 289 by Mr. Bronson and Calendar No. 282 by Ms.

Gallagher. There may be a need for additional floor work as we

proceed, Mr. Speaker; however, if so, I will be pleased to

NYS ASSEMBLY FEBRUARY 13, 2024

acknowledge. However, our Majority Conference should be reminded

that of course right after we finish our floor work we're going to be

going right into conference. And as always, we will determine what

the needs of Mr. Goodell and his team may need as well. That's a

general outline of where we are, Mr. Speaker. If you have any

introductions or housekeeping now would be a great time, sir. Thank

you.

ACTING SPEAKER AUBRY: Thank you, Mrs.

Peoples-Stokes.

We have a introduction by Mr. Conrad.

MR. CONRAD: Thank you, Mr. Speaker. I'd like to

recognize Ed Mathes, the President of NYSSPA, and next to him is

Emily Conrad Krueger, who is my sister and clearly the more

intelligent one of the family. They're here advocating for our New

York State Physician Assistance and all three of us are graduates of

Sweet Home High School in Amherst, New York. They both are from

Rochester, New York unfortunately, not from Buffalo, just kidding.

But I want to welcome them to the People's House and offer them the

privileges of the floor. Thank you.

ACTING SPEAKER AUBRY: Certainly. On behalf

of your brother, the Speaker and all the members, we welcome you

here to the New York State Assembly, extend to you the privileges of

the floor. You're family, you're always welcome here as well as your

colleagues and we thank you for the great work you do in keeping

New Yorkers healthy and well. Thank you again so much for

NYS ASSEMBLY FEBRUARY 13, 2024

dropping by.

(Applause)

For the purposes of a introduction, Mr. Chang.

MR. CHANG: Thank you, Mr. Speaker. And you

can see how I'm dressed right now on a auspicious occasion here, Mr.

Speaker. I want to thank everyone in this great Body both here and

the Senate unanimously passed a historic Statewide bill with

recognition of Lunar New Year. I also want to thank Governor

Hochul for signing the bill. Today is an auspicious occasion as we

mark a Lunar New Year celebrated over 3,500 years ago, and a very

auspicious animal, the dragon. Behind me sitting are at least 60 of

prominent Chinese American who represent my district. They could

be community leaders, businessmen, artisans themselves who want to

witness this occasion as well. So let me read a few -- few names in

here. Simon Chik, Bentley Zhao, Raymond Wang, Joyce Huang, Xiao

Wang, Li Chi Por, Angel Wu, Bao Ling Li, Liang Qua, Liu Fu Yi,

Huang Xiao Liu, Danny Zhang, Tsang Mui Sun, Zhong Li Liang,

Chen Hao, Ray Huang, Allyson Guaman, Xiu Zhao. These are

prominent sitting right behind me, and let me -- I want to add a few

more things to this Body here.

Nearly 20 percent of world population has over two

billion celebrating Lunar New Year. There are some other countries

that celebrate but not fully, but you add those countries, that's about

more than 50 percent of the world population celebrate Lunar New

Year. And also I want to thank Leader Carl Heastie -- Speaker Carl

NYS ASSEMBLY FEBRUARY 13, 2024

Heastie, Leader Will Barclay and Brooklyn Delegation also help me

out to help this occasion. And Speaker, thank you and welcome my

guests over here.

ACTING SPEAKER AUBRY: Certainly. On behalf

of the splendid Mr. Chang, the Speaker and all the members, we

welcome you here to the New York State Assembly. We extend to

you the privileges of the floor. We hope that your trip here has been

beneficial. We are pleased to celebrate Lunar New Year with you

today. (Speaking foreign language)

(Applause)

Mr. Colton for the purposes of a introduction.

MR. COLTON: Thank you, Mr. Speaker. I also

have a constituent here, somebody who is in my district, and in

addition to all the others that have come here today, and many people

have come and some are actually even on the way. We had a little

snow in New York that we avoided in Albany so we're very fortunate

to be here. This is a very important occasion, because as my

colleague Assemblymember Chang said, we passed the Lunar -- Asian

Lunar New Year bill and that allows all over New York State children

to be able to have the schools closed, every school in New York State

will be closed as result of that. And so there are many people coming

up here today to celebrate that, and there will be an event at 4:00

where people will be coming up and celebrating this great historic

event. And I have somebody here with me who has been playing a

major role in my district in serving people and helping me serve

NYS ASSEMBLY FEBRUARY 13, 2024

people. He's someone who been when there's a food insecurity issue,

he arranges with his organization and with other organizations with

the UA3 to be able to get food to distribute free to people who need it

and it's available to all people. He's somebody who has been involved

in many different issues in the neighborhood. The person I have here

is Mr. Simon Chik, and he has been extremely active in bringing

people together and serving the needs of people and truly he is a major

part of the communities coming together and achieving this great

event of the Lunar Asian New -- Lunar Asian New Year they now

recognize all over New York State with all the schools being closed.

So I thank this person for coming up from my district and I would ask

that you give him the cordialities of the House on this special

occasion.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Colton, the Speaker and all the members, we welcome you

here, Simon, to the New York State Assembly, extend to you the

privileges of the floor. Our thanks for the work that you do ensuring

that people are taken care of. It is a great gift that you give the City of

New York and the State of New York. Thank you so very much.

(Applause)

Page 3, Calendar No. 4, the Clerk will read.

THE CLERK: Assembly No. A00061, Calendar No.

4, Sayegh, Seawright, Gallagher, Sillitti, Lemondes, Stirpe,

Santabarbara, Buttenschon, Gunther, Bores. An act to amend the

General Business Law, in relation to requiring businesses which

NYS ASSEMBLY FEBRUARY 13, 2024

provide for someone to spoof a telephone number to keep certain

records.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 90th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 35, Calendar No. 297, the Clerk will read.

THE CLERK: Assembly No. A07395, Calendar No.

297, Darling. An act to amend the Mental Hygiene Law, in relation to

providing definitions of mental health and family and youth peer and

requires the office of mental health to establish peer service

qualification programs.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect on the 180th

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

NYS ASSEMBLY FEBRUARY 13, 2024

The bill is passed.

THE CLERK: Assembly Bill No. A08435, Calendar

No. 298, Bores. An act to amend the State Technology Law, in

relation to cloud computing.

ACTING SPEAKER AUBRY: Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Mr. Bores to explain his vote.

MR. BORES: Thank you, Mr. Speaker. I think we

can all agree that technology should not get in the way of New

Yorkers getting the best possible service from their government. And

what technology is best for a particular product or service will vary.

Sometimes the best thing will be to load a program in a data center,

sometimes the best thing will be to go to the cloud. And so what this

bill asks is that ITS aids State agencies in deciding the right

specifications and qualifications for when to go to the cloud, and that

every agency designed a written policy on when the best time to go to

the cloud is and how they'll evaluate it. And that way, we'll avoid

making willy-nilly decisions on the best way to provide services and

provide the best possible experience to New Yorkers at the lowest

possible cost. I proudly vote yes. Thank you.

ACTING SPEAKER AUBRY: Mr. Bores in the

affirmative.

NYS ASSEMBLY FEBRUARY 13, 2024

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly Bill No. A08485, Calendar

No. 299, Hunter, Santabarbara. An act to amend the Mental Hygiene

Law, in relation to identifying information and training programs

relating to the diagnosis and treatment of post-traumatic stress

disorder for military veterans, and to amend a chapter of the Laws of

2023 amending the Mental Hygiene Law relating to a program for the

diagnosis and treatment of post-traumatic stress disorder, as proposed

in legislative bills numbers S. 7274 and A. 793, in relation to the

effectiveness thereof.

ACTING SPEAKER AUBRY: On a motion by Ms.

Hunter, the Senate bill is before the House. The Senate bill is

advanced.

Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Mr. Goodell.

MR. GOODELL: Thank you, sir. Last year we

passed the bill unanimously that would require the Office of Mental

Health to develop a PTSD training program for veterans, and to certify

those who had taken the training. That bill, as I mentioned, had

NYS ASSEMBLY FEBRUARY 13, 2024

unanimous support because all of us in this Chamber want to help our

veterans deal with PTSD.

This Chapter Amendment eliminates the requirement

that we passed last year for OMH to create a training course for those

veterans suffering from PTSD and eliminated any certification. In

other words, this Chapter Amendment eliminates everything we asked

for last year when we passed the original bill unanimously. Instead,

the Chapter Amendment only requires OMH to make a list of already

available information and resources for veterans suffering from PTSD.

I liked the original a lot better because it's more effective for veterans.

And for that reason, I will be voting against this bill. I recognize,

though, that even though this bill is not as desirable in my opinion as

the prior bill, it's better than nothing. But in that regard, I would

wonder why we're not asking our Division of Veteran Affairs to put

together a list of existing resources for veterans rather than OMH. But

for those two reasons, I will be voting against the Chapter Amendment

although I do acknowledge and many of my colleagues will

acknowledge that having OMH do something is better than having

them do nothing. And so a Chapter Amendment rather than a veto is

probably preferable. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Mr. Goodell in the negative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

NYS ASSEMBLY FEBRUARY 13, 2024

THE CLERK: Assembly Bill No. A08510, Calendar

No. 300, Peoples-Stokes. An act to amend a chapter of the Laws of

2023 amending the Business Corporation Law, the Partnership Law

and the Limited Liability Company Law relating to certified public

accountants, as proposed in legislative bills numbers S. 2473-A and A.

4189, in relation to the effectiveness thereof.

ACTING SPEAKER AUBRY: On a motion by Mrs.

Peoples-Stokes, the Senate bill is before the House. The Senate bill is

advanced.

Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly Bill No. A08511, Calendar

No. 301, Solages. An act to amend the Education Law, in relation to

the scope of the work an athletic trainer is authorized to perform.

ACTING SPEAKER AUBRY: On a motion by Ms.

Solages, the Senate bill is before the House. The Senate bill is

advanced.

Read the last section.

THE CLERK: This act shall take effect on the 730th

NYS ASSEMBLY FEBRUARY 13, 2024

day.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly Bill No. A08512, Calendar

No. 302, L. Rosenthal. An act to amend the Education Law, in

relation to physician coursework or training in nutrition; and to repeal

Section 264 of the Public Health Law, relating to physician

coursework or training in nutrition.

ACTING SPEAKER AUBRY: On a motion by Ms.

Rosenthal, the Senate bill is before the House. The Senate bill is

advanced.

Read the last section.

THE CLERK: This act shall take effect June 1st,

2024.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

THE CLERK: Assembly Bill No. A08568, Calendar

NYS ASSEMBLY FEBRUARY 13, 2024

No. 304, Jean-Pierre. An act to amend the Parks, Recreation and

Historic Preservation Law, in relation to the term veteran and Gold

Star families and the free use of campsites.

ACTING SPEAKER AUBRY: On a motion by Ms.

Jean-Pierre, the Senate bill is before the House. The Senate bill is

advanced.

Read the last section.

THE CLERK: This act shall take effect April 1st.

ACTING SPEAKER AUBRY: The Clerk will record

the vote.

(The Clerk recorded the vote.)

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Page 34, Calendar No. 276, the Clerk will read.

THE CLERK: Senate No. S08011, Calendar No.

276, Senator Kavanagh (L. Rosenthal--A08506). An act to amend the

Administrative Code of the City of New York and the Emergency

Tenant Protection Act of nineteen seventy-four, in relation to

establishing the legal regulated rent for the combination of two or

more vacant apartments; to amend the Emergency Tenant Protection

Act of nineteen seventy-four, in relation to exemptions from rent

stabilization on the basis of substantial rehabilitation; to define clearly

the scope of the fraud exception to the pre-HSTPA four-year rule for

calculating rents; and to amend part B of a chapter of the Laws of

NYS ASSEMBLY FEBRUARY 13, 2024

2023 relating to defining clearly the scope of the fraud exception to

the pre-HSTPA four-year rule for calculating rents, as proposed in

legislative bills numbers S. 2980-C and A.6216-B, in relation to

claims of fraudulent schemes and determination relating thereto and in

relation to the effectiveness thereof.

ACTING SPEAKER AUBRY: Ms. Rosenthal, an

explanation has been requested.

MS. ROSENTHAL: The purpose of this bill is to

amend parameters within the Rent Regulation Laws for setting a new

legal regulated rent when a regulated unit has been combined with a

regulated or unregulated unit, clarifies the exemption from the ETPA

on the basis of substantial rehabilitation and grounds for denial, and it

clarifies the fraud exception to lookback period in overcharged cases.

ACTING SPEAKER AUBRY: Mr. Slater.

MR. SLATER: Thank you, Mr. Speaker. Will the

sponsor yield for a question?

ACTING SPEAKER AUBRY: Ms. Rosenthal, will

you yield?

MS. ROSENTHAL: Yes.

ACTING SPEAKER AUBRY: The sponsor yields.

MR. SLATER: Thank you, Ms. Rosenthal, I

appreciate it. Last year in June, we debated the bill-in-chief quite

extensively and I just wanted to follow up on the Chapter Amendment

with a quick question. Does the new standard for fraud, which was

discussed I think at length during our June debate, does the new

NYS ASSEMBLY FEBRUARY 13, 2024

standard pertain to pending actions or perspective actions?

MS. ROSENTHAL: Pending actions.

MR. SLATER: Pending actions. Now, if I remember

correctly I thought --

MS. ROSENTHAL: I mean pending and going

forward, yeah.

MR. SLATER: I'm sorry, could you repeat that?

MS. ROSENTHAL: Pending and future cases.

MR. SLATER: So those that were already filed, that

new standard for fraud --

MS. ROSENTHAL: Well, it' not new, it's actually

what we've codified and what DHCR has put as a regulation in 2014.

So it's nothing new, it's returning what we always had.

MR. SLATER: I mean, I think that some of my

colleagues would disagree with that --

MS. ROSENTHAL: Okay.

MR. SLATER: -- with regards to how fraud is really

going to be redefined under the statute --

MS. ROSENTHAL: No, no; not really.

MR. SLATER: -- but so I just wanted to make sure

we're clear, because I thought in the debate you had said that it would

only be prospective cases, not those that were already filed.

MS. ROSENTHAL: Well, this particular Chapter

Amendment relates to pending cases.

MR. SLATER: Okay. Thank you very much. That

NYS ASSEMBLY FEBRUARY 13, 2024

was my only question.

MS. ROSENTHAL: Thank you.

MR. SLATER: Thank you, Mr. Speaker.

ACTING SPEAKER AUBRY: Thank you, Mr.

Slater.

Mr. Blumencranz.

MR. BLUMENCRANZ: Thank you, Mr. Speaker. I

just also had one question. So you're just using the --

ACTING SPEAKER AUBRY: Ms. Rosenthal, you'll

ask her to yield?

MR. BLUMENCRANZ: Oh, sorry. Would the

sponsor yield?

ACTING SPEAKER AUBRY: Would you yield,

Ms. Rosenthal?

MS. ROSENTHAL: Yes.

ACTING SPEAKER AUBRY: Thank you.

MR. BLUMENCRANZ: So I just want to clarify the

-- the definition and elements of Common Law Fraud are just, they're

not -- they're not new, you're just going to the -- as you were saying

the original definitions, correct?

MS. ROSENTHAL: Yes. Common Law Fraud was

not the standard that was used in Grimm and Thornton and Coniston

or what we codified and DHCR put in regulations.

MR. BLUMENCRANZ: Okay. All right. Thank

you very much.

NYS ASSEMBLY FEBRUARY 13, 2024

MS. ROSENTHAL: Thank you.

MR. BLUMENCRANZ: I don't have any more

questions.

ACTING SPEAKER AUBRY: Mr. Goodell.

MR. GOODELL: Thank you, sir. Would the sponsor

yield?

ACTING SPEAKER AUBRY: Ms. Rosenthal, will

you yield?

MS. ROSENTHAL: Yes.

ACTING SPEAKER AUBRY: Sponsor yields.

MR. GOODELL: Thank you, Ms. Rosenthal. To be

honest with you, I'm a little confused on this language and so I was

hoping you could help clarify it. I'm looking on this bill, section 2, it's

on line 27, and it says that the fraudulent analysis is based on a

knowing engagement in fraudulent scheme; correct?

MS. ROSENTHAL: I have to get it. What page?

MR. GOODELL: It's on Page 3, line 27.

MS. ROSENTHAL: Okay.

MR. GOODELL: And it references a knowing

engagement in fraudulent scheme, right?

MS. ROSENTHAL: Mm-hmm.

MR. GOODELL: But then in the same sentence later

on, it says there's no need for finding of all the elements of Common

Law Fraud including any misrepresentation of a material fact. So

you're saying that you can have a fraud claim without any

NYS ASSEMBLY FEBRUARY 13, 2024

misrepresentation of a material fact?

MS. ROSENTHAL: No. I'm saying that we do not

apply the Common Law standard of fraud.

MR. GOODELL: Right. And in these lists, very

specific --

MS. ROSENTHAL: That's the interpretation --

MR. GOODELL: -- including a misrepresentation of

facts. So you're telling us that a housing owner could be held

responsible here without any misrepresentation of the material fact.

MS. ROSENTHAL: No. It's just all the Common

Law cases are not in effect -- do not apply here. But that doesn't mean

the fraud standard might not include some of that.

MR. GOODELL: Well, you specifically say

including evidence, for example, of falsity. So you're saying that

there's no evidence that the statement was false, you could still be

triggered?

MS. ROSENTHAL: This is just referring to the

Common Law definition of fraud.

MR. GOODELL: So you list every single element of

Common Law Fraud it appears. You say that you can be held as

engaging in fraudulent conduct even though, it says even though

there's no finding of a misrepresentation of material fact, that's line 33,

no falsity, no scienter - which means no intent - reliance or injury.

And it goes on to say none of these have to be satisfied. How can you

hold a landlord liable for fraud without establishing some or all of

NYS ASSEMBLY FEBRUARY 13, 2024

those factors? How can you hold them liable for fraud if there's

nothing that was false, no reliance, no injury, no intent.

MS. ROSENTHAL: Okay. So a fraudulent scheme,

and there are many examples of that: Fail to file registrations, omitted

mandatory lease riders, filed false or misleading registrations engaged

in other conduct that would cause unsuspecting tenants to delay in

filing their overcharge claims until after the deadline had expired. So

those are part of the fraudulent scheme definition. And all this is to

allow HCR -- DHRC to examine the rents.

MR. GOODELL: But doesn't every single fraudulent

scheme require some statement that's false?

MS. ROSENTHAL: I explained to you what the

fraudulent scheme that is codified in Thornton and Grimm and

Coniston and those are some of what I just said to you.

MR. GOODELL: I see. Now, if we could look at a

different section, this is on Page 2, line 45.

MS. ROSENTHAL: Page what?

MR. GOODELL: Page 2, line 40 through 45. Now,

as I understand it, you can get out of a regulated rent if there's a

substantial renovation, right, but your ability to get out of that

regulated rent structure with a substantial regulation requires approval

from DHCR.

MS. ROSENTHAL: Yes.

MR. GOODELL: Division of Housing and

Community Renewal.

NYS ASSEMBLY FEBRUARY 13, 2024

MS. ROSENTHAL: Yes.

MR. GOODELL: And they can deny your request if

there was action by the landlord and it was saying that was harassing

tenants to force them out, or if the substantial rehabilitation was just a

subterfuge, it wasn't really necessary, correct?

MS. ROSENTHAL: Okay.

MR. GOODELL: And then on line 45, it says that

the application can be denied for, quote, "any additional grounds as

set forth in regulation.", closed quote.

MS. ROSENTHAL: Yes, yes.

MR. GOODELL: So are we saying by this law that

DHCR can come up with any basis whatsoever with no statutory

guidance?

MS. ROSENTHAL: DHCR already does that.

MR. GOODELL: They already have regulations that

have no statutory basis?

MS. ROSENTHAL: They already have grounds to

approve or disapprove, and they've had cases where they approve,

they've had cases where they disapprove and harassment is part of it.

MR. GOODELL: But this is a carte blanche

authorization, right, for them to come up with whatever they want to

deny it.

MS. ROSENTHAL: Well, they already have come

up with whatever they want, and it's been used for substantial rehab

applications over time.

NYS ASSEMBLY FEBRUARY 13, 2024

MR. GOODELL: I see. Thank you --

MS. ROSENTHAL: Thank you.

MR. GOODELL: -- on both issues.

Sir, on the bill.

ACTING SPEAKER AUBRY: On the bill, Mr.

Goodell.

MR. GOODELL: We're asked to pass a bill today

that has two very unique provisions in it. First, it's an absolute

delegation of legislative power to an administrative agency. Now,

some of you, of course, thought that only the Legislature can pass

laws. And, indeed if you got as far as Article III, Section 1 of the

State Constitution, it says the power to pass law relies in the

Legislature. And the courts have said that of course administrative

agencies can flesh out our legislation. They can fill in the details

consistent with the direction that we give them. But what we cannot

do, consistent with the Constitution is say to the administrative

agency, you can do whatever you want; yet, that is exactly what this

bill says.

This bill says that an application to be approved for

substantial rehabilitation shall be denied on two statutory grounds, or,

quote, "any additional grounds as defined by regulation." It's a carte

blanche authorization to DHCR to decide how to run the program

without any statutory guidelines or direction, and it's unconstitutional

in delegation of authority. Now, some of you may say this is great, we

love DHCR. Maybe you love them today, you might not love them

NYS ASSEMBLY FEBRUARY 13, 2024

tomorrow. And that's why elected representatives, not unelected

bureaucrats have the responsibility to define under what conditions

this waiver shall be granted, and what conditions it shouldn't. That's

our job, not theirs.

But the second problem which is more troubling to

me is we say wait a minute, we can go back and challenge a landlord

if we think this action was fraudulent. And then the statute goes on to

say, however, in determining whether something is fraudulent, quote,

"the court need" -- I'm sorry, the court, quote, "need not have a finding

that all the elements of Common Law Fraud, including evidence of a

misrepresentation of a material fact, falsity, scienter, which is an

uncommon word that means intent, reliance and injury were satisfied.

So we say you can find the landlord that is engaged in fraudulent

activity without finding that anything he said was false? That there

was no fraudulent intent? That nobody relied on any statement? This

bill eliminates every common law element from being decisive in a

fraud action against landlords.

Now, my friends, I hear over and over that New York

State is facing a housing crisis. That's what I hear. The Governor

says it, I hear it from my colleagues. So what are we doing to

encourage landlords to invest their hard-earned money in making

apartments available to our residents? What are we doing to increase

the housing stock? And will this bill help or hurt the housing crisis?

And if any of you are thinking of taking your hard-earned money and

investing in housing, think again because you could be held liable for

NYS ASSEMBLY FEBRUARY 13, 2024

fraud even if your statements were never false, even though you'd

never had a fraudulent intent and nobody relied on it and there was no

damage. Do you think that's going to improve the housing crisis?

If we, every -- every year and every month pass

legislation that hurts landlords and drive landlords out of the housing

market, we're not helping the housing crisis, we're making it worse

and that is exactly what this bill does. I want to improve the housing

crisis, I want to address it, I want to encourage private sector

investment, I want to make more houses available. I want to have

more people have an opportunity for affordable housing. And

prosecuting landlords for fraud when there's no required element of

Common Law Fraud to be shown is the exact opposite of what we

should be doing and, therefore, I will not be supporting it.

Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Mr. McGowan.

MR. MCGOWAN: Thank you, sir. Would the

sponsor yield?

ACTING SPEAKER AUBRY: Ms. Rosenthal, will

you yield?

MS. ROSENTHAL: Yes.

ACTING SPEAKER AUBRY: Ms. Rosenthal yields,

sir.

MR. MCGOWAN: Thank you, ma'am. In hearing

the debate, I heard you say to some of our colleagues that the standard

NYS ASSEMBLY FEBRUARY 13, 2024

here is not Common Law Fraud, correct?

MS. ROSENTHAL: Yes.

MR. MCGOWAN: Can you explain how this

standard is different from Common Law Fraud?

MS. ROSENTHAL: Well, Common Law Fraud's

definition is laid out, and your colleague and my colleague read it.

This talks about fraudulent schemes. So there's evidence such as not

providing required information such as a lease or rider to tenants,

large rent increases such as taking vacancy bonus when there was no

new tenant, claiming MCIs or IAIs when not doing work. It basically

-- those are some of what constitute a fraudulent scheme.

MR. MCGOWAN: So you've listed a number of

circumstances. Would those have to be shown in conjunction, or can

one of those circumstances that you just listed by itself be sufficient to

establish the standard set forth in this bill?

MS. ROSENTHAL: Well, you -- yeah, it's a totality.

So one -- one -- one example of incorrect rent is not enough. You

have to examine the totality of circumstances.

MR. MCGOWAN: So there's -- is there room for a

defense of just a mistake or omission, something that's perhaps a

negligent filing or a negligent act rather than something that rises to

the level of fraud?

MS. ROSENTHAL: I mean, there are cases that are

like that and there are cases where they've ruled that it is fraud. It's a

case by case.

NYS ASSEMBLY FEBRUARY 13, 2024

MR. MCGOWAN: Okay. You're aware that

generally Common Law Fraud comes with some, for example, a

heightened pleading standard to be plead with particularity under the

law, under common law -- common law. Are you aware of that?

MS. ROSENTHAL: The -- the standard here is not

common law.

MR. MCGOWAN: Understood. I'm asking -- my

question is, is there a heightened pleading requirement here that is

applicable to Common Law Fraud?

MS. ROSENTHAL: It's a colorable claim of fraud.

MR. MCGOWAN: And can you explain what that

means under this statute?

MS. ROSENTHAL: That means a tenant is not just

-- is alleging fraud, that's not enough. There needs to be evidence of

possible fraud, and I gave you some examples of what is defined as

fraud.

MR. MCGOWAN: So it's if we see it, it's there kind

of standard?

MS. ROSENTHAL: If it's what?

MR. MCGOWAN: If we see it, then it's there? Kind

of an ad hoc determination?

MS. ROSENTHAL: No, no, no. It's not providing

required information such as a lease or a rider, large rent increases

such as taking a vacancy bonus when there was no new tenant,

claiming MCIs when not doing the work. This is a totality of

NYS ASSEMBLY FEBRUARY 13, 2024

circumstances.

MR. MCGOWAN: But the list that you provided,

that's not an exhaustive list, correct?

MS. ROSENTHAL: No, that's not exhaustive.

MR. MCGOWAN: So something could be added on

a case by case basis.

MS. ROSENTHAL: And it has to be knowingly.

MR. MCGOWAN: Okay. So different than

intentionally, right? Knowingly. Let me ask it this way.

MS. ROSENTHAL: It's -- it's not just a mistake, like

your pencil wrote seven when it should be two; that's a mistake, for

example.

MR. MCGOWAN: So there has to be some showing

on the part of the tenant, or the claimant in this case.

MS. ROSENTHAL: Yes, I said that. I said that.

MR. MCGOWAN: And you said it's a knowing

standard, it's not an intentional standard. Or are you using those in the

same way?

MS. ROSENTHAL: Well, I'm explaining to you

what constitutes fraud, and those were some of the examples. There's

filed false registrations, used a market lease form when it's a rent

regulated lease that's required.

MR. MCGOWAN: Here when in debate we've

talked about the elements of Common Law Fraud and they're listed

here, that those elements need not be satisfied, right?

NYS ASSEMBLY FEBRUARY 13, 2024

MS. ROSENTHAL: And this is not Common Law

Fraud, we're talking about in these circumstances.

MR. MCGOWAN: Understood, right. So I'm just

trying to establish -- we've talked about the elements need not be

established, but there has to be some showing. What's the standard by

which the claimant has to show this, as you said, colorable claim of

fraud?

MS. ROSENTHAL: Mm-hmm, that's the standard,

colorable claim of fraud.

MR. MCGOWAN: Okay. And in general, and I

understand this is not common law, but I'm trying to understand where

-- where that ends right, Common Law Fraud. Generally it's a higher

standard of proof. It's --

MS. ROSENTHAL: Okay, I explained to you what

the fraudulent scheme, what was evidence of that. That's --

MR. MCGOWAN: Okay. So my question is, is there

still that clear and convincing evidence standard rather than a

preponderance? What -- what is the standard by which the claimant

must prove, as you said, a colorable claim beyond just saying that it's

colorable, or saying that the act is fraud?

MS. ROSENTHAL: Okay. In 2010 under a case

called Grimm v. DHCR, the Court held that a colorable claim of fraud

is required for DHCR or courts to issue a further determination that a

landlord engaged in a fraudulent scheme to deregulate an apartment.

That was the law for years. Didn't discuss common law.

NYS ASSEMBLY FEBRUARY 13, 2024

MR. MCGOWAN: Okay. And it's your statement

today that that standard, that prior -- that prior case law, it's your

position that that would apply to this statute, is --

MS. ROSENTHAL: Is what?

MR. MCGOWAN: That the prior existing case law

would apply to this, that -- that's your position.

MS. ROSENTHAL: Grimm and Thornton cases, yes.

MR. MCGOWAN: Right, but that is, as you know,

the job of the judiciary to determine what cases apply to the statutes.

Is there anything in the statute that sets forth the standard, the pleading

requirements? Aside from saying the common law elements fraud do

not apply, is there anything else in this statute that speaks to what

degree a claimant has to establish one of these claims?

MS. ROSENTHAL: Let me just get my paper here.

(Pause)

Okay. It's a preponderance of evidence standard, and

in 2014 HCR codified these cases.

MR. MCGOWAN: So a preponderance which is

again, a lower standard than generally a common law fraud claim,

correct?

MS. ROSENTHAL: The problem with one of these

cases is that it used the common law standard that was not relevant

during Grimm, not relevant during Thornton. It was counter to every

standard we have had since 2005.

MR. MCGOWAN: Okay. Thank you, ma'am.

NYS ASSEMBLY FEBRUARY 13, 2024

Mr. Speaker, on the bill, please.

ACTING SPEAKER AUBRY: On the bill, sir.

MR. MCGOWAN: This is -- this is troubling as an

attorney trying to figure out what actually has to be proven here. I'm

sure there'll be lawyers who will make a lot of money with this

because the vagueness and the grayness of this statute. When the

claimant has a claim and they go to speak to an attorney and they say,

hey, I need help with this, it was the job of the claimant to look -- the

attorney to look at the statute and know what's the standard, what are

we proving this by, what evidence has to be established.

The way I read this and from what I've learned from

the debate today and I appreciate the sponsor's responses to my

questions, it's basically if you want to call it fraud, it's fraud. And

that's a big problem. Why we are deviating, why there is such a --

clearly we're going to separate this from Common Law Fraud I think

is troubling. Fraud in our State requires generally a heightened

pleading standard that of clear and convincing evidence rather than a

mere preponderance of evidence. A heightened pleading requirement,

the fact to be pled of particularity, because using the term fraud is

very, very dangerous. You've gotta prove it. Here, I don't know what

you have to prove. It sounds to me that basically colorable, a

colorable claim, you can just say, oh, this was fraud because a

landlord failed to do something.

Now, we all know mistakes are made in any industry,

in any field. Someone can make a mistake, but it doesn't make it

NYS ASSEMBLY FEBRUARY 13, 2024

fraud. That's why we have Common Law Fraud, that's why we have

fraud set forth in other statutes in our law requiring a material of

misrepresentation, an intent to defraud, reliance and then an injury.

Here, none of that is shown. Just say it's fraud and it's fraud. Point to

some omission, some error on the part of the landlord and now, you

rise to the level of fraud claim that is a reduced standard, simply a

mere preponderance.

I think this is troubling, I think this doesn't do our

State any good, and I will be happily voting in the negative. Thank

you, sir.

ACTING SPEAKER AUBRY: Thank you.

Read the last section.

THE CLERK: This act shall take effect immediately.

ACTING SPEAKER AUBRY: A party vote has

been requested.

Mr. Goodell.

MR. GOODELL: Thank you, sir. The Republican

Conference is generally opposed to this legislation. Those who

support it are certainly welcome to vote in favor here on the floor of

the Assembly. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Thank you, Mr.

Speaker. The Majority Conference is going to generally be in favor of

this piece of legislation; however, there may be a few of our

NYS ASSEMBLY FEBRUARY 13, 2024

colleagues who would desire to be an exception. They should feel to

do so at their seats. Thank you, sir.

ACTING SPEAKER AUBRY: Thank you, ma'am.

The Clerk will record the vote.

(The Clerk recorded the vote.)

Mr. Slater to explain his vote.

MR. SLATER: Thank you, Mr. Speaker. I really

appreciated the debate that we just heard, but I just wanted to make

one more point on the matter as to why I will not be supporting it.

And I encourage my colleagues to take a look at The Wall Street

Journal just recently, and I think we forget about this, I think we

forget about the equilibrium that we're working in. And every time

we pass a piece of legislation or enforce a new policy, there's a

reaction. And if you look at The Wall Street Journal just the other day

there's an article about regional banks, one in particular with

multi-family housing with an affordable portfolio, and the value has

substantially decreased, impacting the value of the actual bank.

And so what I think we need to keep in mind is when

we're making it more difficult for New Yorkers, landowners, landlords

to operate in this State, it does have a trickle down effect that we're

not thinking about completely. And now we're seeing regional banks

being impacted because of some of these restrictive laws and

ambiguous laws as we just heard today, and the impact that it has.

And so for those reasons among others, I will be voting in the

negative. Thank you, sir.

NYS ASSEMBLY FEBRUARY 13, 2024

ACTING SPEAKER AUBRY: Thank you. Mr.

Slater in the negative.

Mr. Flood to explain his vote.

MR. FLOOD: Thank you, Speaker. So last year was

my first year in the Assembly, like many others, and towards the end

of Session every committee killed every single one of our bills for

nonsense reasons when we had very good, well-tailored bills. This

bill is atrociously over -- overbearing, overarching. My two

colleagues just explained why, in very well detail, this bill is very

vague, open for interpretation; quite frankly, I think if brought in front

of a court, a court will determine that this bill is unenforceable

because it doesn't lay out any real issues. This is something that this

Body should -- should learn from. You look at us and you just ignore

our legislation, call it terrible, don't let anything get passed and you

put these kind of bills on the floor that are clearly not going to be

enforceable when it goes to a court. I just -- it's mind-boggling that

this is how we run this place.

So I am voting in the negative. I encourage my

colleagues to do the same and maybe, you know, maybe just look at

our side and say, hey they have some good ideas. Thank you.

ACTING SPEAKER AUBRY: Mr. Flood in the

negative.

Ms. Rosenthal to explain her vote.

MS. ROSENTHAL: Thank you, to my explain my

vote and to clear up any confusion people might have. In 2005, in

NYS ASSEMBLY FEBRUARY 13, 2024

Thornton v. Baron, the Court of Appeals held that in cases of

fraudulent schemes, tenants could go beyond the four-year statute of

limitations on overcharged cases. The Court held that the fraud in

Thornton was a fraud on the entire rent stabilization system. The

Court upheld this fraud exception twice more, in Grimm in 2010 and

Connsion in 2013. In 2014, DHCR codified this rule. The Courts

made clear that fraudulent schemes to deregulate include both

deregulation cases like Grimm and inflated rent cases like Connison.

This rule remained in place until a stray footnote in Regina Metro,

which listed the definition of Common Law Fraud. This footnote led

to confusion in the courts about whether or not a footnote overrode

decades of cases. In March, the Appellate Division First Department

in Burrows went further turning 20 years of previous case law on its

head, holding that where an inflated rent was on the lease and listed in

the rent registration, a tenant could not plead fraud. The new rule

required every tenant to either educate themselves about all the rent

laws, or hire an attorney. For tenants who could not afford attorneys

or who did not understand the laws, landlords would be able to

illegally inflate rents with impunity.

We now follow in the footsteps of the Legislature,

which passed the Rent Regulation Reform Act of 1997 and clarified

the law on overcharges. These amendments make clear that Burrows

is no longer good law, and are returned to the Thorton, Grimm,

Connison line of cases. In cases involving inflated rents, tenants who

can prove fraudulent schemes can go beyond the statute of limitations.

NYS ASSEMBLY FEBRUARY 13, 2024

The Legislature intends to discourage and penalize fraud against the

rent regulation system itself and therefore, we codify the Thornton,

Grimm and Connison standard for applying the fraud exception. And

I vote in the affirmative.

ACTING SPEAKER AUBRY: Ms. Rosenthal in the

affirmative.

Mr. Dinowitz to explain his vote.

MR. DINOWITZ: Thank you, sponsor. I'm against

fraud, that's why I support the bill. If you're against fraud, you support

the bill. If you're not against fraud, well, you can figure it out. If

you're against fraud, you vote yes on the bill. And I vote yes.

ACTING SPEAKER AUBRY: Mr. Dinowitz in the

affirmative.

Mr. Pirozzolo.

MR. PIROZZOLO: Thank you, Mr. Speaker. Will

the sponsor yield?

ACTING SPEAKER AUBRY: No, sir; you're

explaining your vote.

MR. PIROZZOLO: Oh, I'm sorry.

ACTING SPEAKER AUBRY: That's all right.

MR. PIROZZOLO: I just -- a little bit late, I

apologize.

ACTING SPEAKER AUBRY: Okay.

MR. PIROZZOLO: So then I would like to explain

why I'm going to say no.

NYS ASSEMBLY FEBRUARY 13, 2024

ACTING SPEAKER AUBRY: That's a good idea.

MR. PIROZZOLO: Thank you, sir. I didn't see any

provisions in this bill that would say if a tenant was committing fraud

by not paying their rent, with the intent of not paying their rent, would

the landlord be able to sue them for fraud? I would also like to know

if a tenant commits fraud by passing on a low rent lease to another

person and not giving the apartment back to the landlord, would that

tenant now be able to be sued for fraud?

So if these provisions aren't in the bill, why are we

going after landlords and not going after tenants where they both can

be accused of enacting, improperly at times. Why is it always in

going after the person with equity. People commit crimes on both

sides, they should be punishable on both sides. This is a one-sided

bill. It doesn't protect landlords and it has to stop and that is why I'm

voting no and urging everyone to vote no. Thank you, sir.

ACTING SPEAKER AUBRY: Mr. Pirozzolo in the

negative.

Are there any other votes? Announce the results.

(The Clerk announced the results.)

The bill is passed.

Mr. Goodell for the purposes of a introduction.

MR. GOODELL: Thank you very much, Speaker,

for the opportunity to introduce some distinguished guests on behalf

of our Assemblyman Jarett Gandolfo and the entire Long Island

Delegation, it's really my honor and privilege to introduce to us Anne

NYS ASSEMBLY FEBRUARY 13, 2024

Brigis, who is the President and CEO of the YMCA of Long Island.

And she's here accompanied by her husband, Anthony Brigis. As the

CEO, she does a phenomenal job operating the YMCA, which we all

know is a tremendous asset to all of our local communities and what

they do for our youth and everyone else in terms of promoting

athleticism, healthy living, and solid values. So if you would please

extend a warm welcome to Anne Brigis and her husband, Anthony

Brigis.

ACTING SPEAKER AUBRY: Certainly. On behalf

of Mr. Goodell, Mr. Gandolfo, the entire Long Island Delegation, we

welcome you both here to the New York State Assembly, extend to

you the privileges of the floor. Our deep appreciation for the work

that the Y has done over the years. Please continue that great work.

Our young people and our seniors and all of us need the opportunity to

have a place to go to exercise and to renew ourselves. Thank you so

very much.

(Applause)

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, do you

have any further housekeeping or resolutions?

ACTING SPEAKER AUBRY: We have a piece of

housekeeping.

On a motion by Mr. Carroll, Page 18, Calendar No.

117, Bill No. A04243-A, amendments are received and adopted.

We have a resolution, 855, the Clerk will read.

NYS ASSEMBLY FEBRUARY 13, 2024

THE CLERK: Assembly Resolution No. 855, Mr.

Kim.

Legislative Resolution commemorating the Asian

American Community's Celebration of the Lunar New Year, the Year

of the Dragon, on February 10th, 2024.

ACTING SPEAKER AUBRY: Ms. Lee on the

resolution.

MS. LEE: As a Co-Chair of the Assembly's Asian

Pacific American Task Force, I am proud to speak on this resolution

to recognize Lunar New Year in New York State. This resolution

celebrates the over 1.6 million Asian New Yorkers by honoring the

biggest and most widely celebrated traditional holiday in Asian

culture. This year, Lunar New Year is especially significant. It is the

first since we led and successfully passed legislation making New

York the first state in the country to recognize Lunar New Year as a

Statewide public school holiday. Now, millions of families across the

State will no longer need to choose between sending their children to

school and celebrating their heritage. This holiday is in recognition of

the many contributions Asian Americans have made to the City and

State, which sends a message to the Asian American community that

we are New Yorkers, we are American, and we belong here. It is also

the Year of the Dragon, but more specifically, the Wood Dragon, a

unique zodiac sign that only appears once every 60 years. The sign of

the Wood Dragon signifies leadership, innovation, and problem

solving.

NYS ASSEMBLY FEBRUARY 13, 2024

As we work together this Session for New Yorkers,

let us be guided and inspired by the spirit of the Wood Dragon. Let's

use 2024 as an opportunity to take bold, innovative action on behalf of

New Yorkers. Thank you.

ACTING SPEAKER AUBRY: Thank you.

Mr. Colton on the resolution.

MR. COLTON: Yes. Thank you, Mr. Speaker. I

would also like to speak on behalf of this resolution. This resolution

representing the passage of a bill which now makes the Lunar New

Year a school holiday throughout New York State has truly excited

communities all over the State. This resolution means, or the actual

bill means, which we are celebrating today, the bill means that schools

will be closed throughout the State and that the Asian community will

finally feel that it is being recognized in a very special and important

way.

The Asian Lunar New Year has been a holiday

celebrated for some 4,000 years. It is celebrated by people all over the

world. And New York State is a state that has the benefit of many of

the Asian community coming to reside in it. The country itself has

had the benefit of Asians working for many, many years, going way

back in the building of the Continental Railroad; going way back in

serving in our armed forces; going way back and participating in this

great country's democracy. And now, these families, finally, in New

York State, throughout all of New York State, will have the ability to

be able to celebrate this very festive and important holiday with their

NYS ASSEMBLY FEBRUARY 13, 2024

families without having to be concerned as to whether or not they may

be missing a day from school.

The last -- this past weekend, I have been to many

such celebrations. I have seen many families with their children

enjoying and learning about and participating in celebrations on the

Asian Lunar New Year, which this year fell on September --

February 10th. And this holiday was one that children perform

dances, hear entertainment, eat food, enjoy it with their families as

they learn about this great tradition.

So what we have done in New York State has created

a situation where children will learn about each other's traditions, we

have created a situation where children will have less hate towards

each other because all children in their schools, whether their Asian or

not, will learn about each other and come to work together and

understand each other's traditions and enjoy each other's traditions.

And finally, the Asian Lunar New Year will be a holiday when all

children in the school will have the day off and will enjoy it and come

to develop better relationships.

So I really think that this is an important holiday that

New York State has now passed. When this bill was introduced, I did

not expect at first it would pass. It had been introduced over many

years. Finally, two years ago when I introduced it, we had the

opportunity to pass it, and I want to thank the Speaker for that, and I

also want to thank my colleague, Grace Lee, for that. Because

together, we were able to do something that was historic for all of

NYS ASSEMBLY FEBRUARY 13, 2024

New York State and we're going to see the benefits of that happening

for many years.

So Mr. Speaker, I support this resolution and I look

forward to many, many more years of faithful and good celebrations

of the Asian Lunar New Year. Thank you very much.

ACTING SPEAKER AUBRY: Thank you, sir.

(Applause)

Mr. Kim on the resolution.

MR. KIM: Thank you, Mr. Speaker. It is that time of

the year again, it's Lunar New Year time everybody. Endless

celebrations, it's time to celebrate our communities, Asian American

contributions to our State.

Today, with that spirit, we have an event in Albany at

4:30 that the APA Task Force is leading, everyone's invited for some

delicious food, and at that event, we're also honoring a number of

organizations, starting with CAIPA that's sitting next to me and the

board members are up there sitting with us today. I'm joined today by

Dr. Pauline Lau, an oncologist for over 20 years from Main Street,

Flushing. There's only one Main Street in New York City, and that's

in Flushing, New York and that's CAIPA, that is where they're

located, along in Chinatown as well. Dr. Pauline Lau, Shirley Huang

(phonetic). CAIPA stands for Coalition of Asian Independent

Physicians Association. They serve thousands and thousands of

patients, actually, over half a million of Asian Americans every year,

and it's a coalition of thousands of independent physicians that are

NYS ASSEMBLY FEBRUARY 13, 2024

leading the way of reforming and making a broken healthcare system

more efficient every single day. And above all, organizations like

CAIPA, make us feel proud to be Asian American at a time when

Asian Americas are constantly being reduced, targeted, and -- and spat

on at times on the streets, CAIPA makes us proud, CAIPA makes us

feel like we don't have to just compete to fit in, but we actually belong

in this country.

And that's what celebrating Lunar New Year is about.

It's about telling every child that's growing up in this environment that

you no longer have to just compete to fit in in a crowd, you belong

here, you can walk tall and you can walk proud. That's why we do

what we do every single year passing this resolution, that's why we're

supporting the law to make sure that it is an accepted holiday for the

State of New York, and that is why this year we're going to work to

make sure that Asian American history is properly taught in our

school curriculums as well.

So with that, Mr. Speaker, I am so proud to pass

Lunar New Year Resolution, and I thank my colleagues for supporting

this. Thank you so much.

ACTING SPEAKER AUBRY: Thank you.

Mr. Chang.

MR. CHANG: Thank you, Mr. Speaker, and thank

you to the sponsor of this resolution, thank you to my colleague, Bill

Colton and Grace Lee to help out this and get this Lunar New Year

bill of last year passed. It's very important for this to be recognized.

NYS ASSEMBLY FEBRUARY 13, 2024

And earlier I just made my introduction to a group of Chinese -- 60 of

my constituents from my state -- from my district. But anyway, this is

a history in telling and I just want to add my voice to it. And thank

you very much, Mr. Speaker. Thank you.

ACTING SPEAKER AUBRY: Thank you.

On the resolution, all those in favor signify by saying

aye; opposed, no. The resolution is adopted.

Resolution No. 856, the Clerk will read.

THE CLERK: Assembly Resolution No. 856, Mr.

Manktelow.

Legislative Resolution honoring the life and heroic

actions of Daniel S. DeWolf renowned firefighter, devoted father and

grandfather, and distinguished member of his community.

ACTING SPEAKER AUBRY: Mr. Manktelow on

the resolution.

MR. MANKTELOW: Thank you, Mr. Speaker. And

thank you to Speaker Heastie for allowing me to bring this resolution

forward.

This week we celebrate love, we've celebrated the

love of the library, we've celebrated a lot of different loves.

Tomorrow we'll be celebrating Valentine's Day with our loved ones,

with our spouses and whoever that love may go to. I'd like to talk a

little bit about this individual.

On January 21st, 2024, Fairville Fire Department

volunteer Dan DeWolf was called to a structure fire. He was a

NYS ASSEMBLY FEBRUARY 13, 2024

52-year-old firefighter, he'd been a member of the Fairville Fire

Department for 32 years. That morning at the structure fire, he went

into cardiac arrest and succumbed to -- to the cardiac arrest.

I just wanted to share a little bit about his love, the

love for his family, the love for his community by serving, the love

that he had for his fellow firefighters, the love for his church, and a

special love that he had for his granddaughter who was part of his life,

part of who he was. He did so much for that small community. Being

a small, rural fire department, all volunteers, every year they would do

a carnival. Dan's job, he would go around and check every single ride

that was there to make sure it was safe for all the children, all the

people that rode the rides. One of their biggest fundraisers is the

Fairville fish fry that they do now every Friday during Lent. That's

their biggest fundraiser. He helped and was there at every single one

of those. He was there for the parades as well. It didn't matter what

the situation was there -- was, he was there to help his community,

help the people of -- of the community and help the residents. He

gave his all for that community, he gave his all for his family and for

the firefighters.

So it's a great honor to present this resolution today

on his behalf and his family's behalf, and I want to say thank you to

Governor Hochul. On January 31st, she ordered the -- she ordered the

flags flown at half mast -- half staffed across New York State in

regards to Dan. So to all of you who volunteer, who are firefighters in

your districts or in your areas, thank you for all those first responders,

NYS ASSEMBLY FEBRUARY 13, 2024

thank you for those volunteers. And, Mr. Speaker, thank you for

allowing me to present this resolution on his behalf. Thank you.

ACTING SPEAKER AUBRY: Thank you, sir.

Mr. Gallahan on the resolution.

MR. GALLAHAN: Thank you, Mr. Speaker. I had

the opportunity to meet Dan several years ago in my sales career, and

I just wanted to add a few things to what Assemblyman Manktelow

stated. Dan was a wonderful, wonderful guy. He was a great

grandfather, he was a wonderful husband, he was a wonderful

community member. But I just wanted to make it known that he was

one of the most talented machinists that I ever worked with in my 35

years in sales. And he could make anything, he could make any

machine that was out there. Hum the song, and I just wanted to

recognize Dan for that, because he was the most talented machinist

that I have ever met in my life. God bless him.

ACTING SPEAKER AUBRY: On the resolution, all

those in favor signify by saying aye; opposed, no. The resolution is

adopted.

Mrs. Peoples-Stokes, we have numerous other

resolutions, we will pass with one vote.

On these resolutions, all those in favor signify by

saying aye; opposed, no. The resolutions are adopted.

(Whereupon, Assembly Resolution Nos. 855-860

were unanimously approved.)

Mrs. Peoples-Stokes.

NYS ASSEMBLY FEBRUARY 13, 2024

MRS. PEOPLES-STOKES: Mr. Speaker, would you

call on Mr. Jacobson for the purpose of an announcement?

ACTING SPEAKER AUBRY: Mr. Jacobson for the

purposes of an announcement.

MR. JACOBSON: Thank you, Mr. Speaker. A long-

awaited announcement that yes, we are having a conference today for

the Majority immediately after Session ends in Hearing Room C.

ACTING SPEAKER AUBRY: Thank you, sir.

Mrs. Peoples-Stokes.

MRS. PEOPLES-STOKES: Mr. Speaker, I now

move that the Assembly stand adjourned and that we reconvene

tomorrow morning at 10:30 a.m., Wednesday, February the 14th,

tomorrow being a Session day, and I hope that everyone has a great

Valentine this evening.

ACTING SPEAKER AUBRY: The Assembly stands

adjourned.

(Whereupon, at 3:55 p.m., the Assembly stood

adjourned until Wednesday, February 14th at 10:30 a.m., Wednesday

being a Session day.)