TUESDAY, MAY 13, 2025 2:44 P.M.
ACTING SPEAKER HUNTER: THE HOUSE WILL
COME TO ORDER.
GOOD AFTERNOON, COLLEAGUES.
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 HUNTER LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF MAY 12TH.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY MAY 13, 2025
MRS. PEOPLES-STOKES: MADAM SPEAKER, I MOVE
TO DISPENSE WITH THE READING -- FURTHER READING OF THE JOURNAL OF MAY
THE 12TH, AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES: THANK YOU. TO
COLLEAGUES THAT ARE IN THE CHAMBER AS WELL AS GUESTS THAT ARE WITH US
TODAY. I WOULD LIKE TO SHARE A QUOTE. THIS ONE COMES FROM CARY
GRANT. IF THERE WAS NOT SO MANY YOUNG PEOPLE IN THE ROOM, I WOULDN'T
HAVE TO DESCRIBE WHO HE IS, BUT CARY GRANT IS AN ENGLISH-AMERICAN
ACTOR AND HE WAS A LEADING MAN IN MANY HOLLYWOOD CLASSIC FILMS. HIS
WORDS FOR US TODAY: "DESTINY IS NOT NECESSARILY WHAT WE GET OUT OF
LIFE, RATHER IT'S WHAT WE GIVE." AGAIN, THESE WORDS FROM CARY GRANT.
MADAM SPEAKER, COLLEAGUES HAVE ON THEIR DESKS A
MAIN CALENDAR AND A DEBATE LIST. BEFORE ANY HOUSEKEEPING OR
INTRODUCTIONS, WE WILL BE CALLING FOR THE CODES COMMITTEE.
IMMEDIATELY FOLLOWING THE CODES COMMITTEE, WE WILL BE CALLING FOR
THE FOLLOWING COMMITTEES TO MEET: WAYS AND MEANS, AND RULES.
THESE COMMITTEES ARE GONNA PRODUCE AN A-CALENDAR OF WHICH WE WILL
TAKE UP TODAY. WE'RE GOING TO BEGIN OUR FLOOR WORK BY TAKING UP RULES
REPORT NO. 175 BY MS. LUNCEFORD. THEN WE WILL WORK OFF THE DEBATE
LIST TAKING UP THE FOLLOWING BILLS: RULES REPORT NO. 174 BY MS. CRUZ,
CALENDAR NO. 88 BY MS. ROSENTHAL. AFTERWARDS, WE'RE GONNA CONSENT
THAT A-CALENDAR STARTING WITH RULES REPORT NO. 187. AND THEN WE'RE
GONNA TAKE UP SOME ADDITIONAL BILLS ON DEBATE: RULES REPORT NO. 156
2
NYS ASSEMBLY MAY 13, 2025
BY MR. BORES, CALENDAR NO. 87 BY MR. DINOWITZ, AND CALENDAR NO. 99
BY MR. COLTON. THERE MAY BE A NEED FOR FURTHER FLOOR ACTIVITY AS WE
PROCEED, MADAM SPEAKER, BUT WE WILL LET YOU KNOW SHOULD THAT
HAPPEN. SO, THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING TODAY. IF
YOU CAN PLEASE BEGIN BY CALLING THE CODES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM.
ACTING SPEAKER HUNTER: THANK YOU, MA'AM.
CODES COMMITTEE IMMEDIATELY TO THE SPEAKER'S CONFERENCE ROOM.
CODES COMMITTEE. PLEASE SEE CHAIR DINOWITZ IN THE SPEAKER'S
CONFERENCE ROOM.
HOUSEKEEPING AND RESOS WILL BE AT THE END OF OUR
SESSION. WE'LL MOVE RIGHT INTO INTRODUCTIONS.
MS. ROZIC FOR THE PURPOSES OF AN INTRODUCTION.
MS. ROZIC: THANK YOU, MADAM SPEAKER. I RISE
TODAY TO WELCOME BACK A FORMER MEMBER OF OURS, THE GREAT CATHY
NOLAN WHO'S JOINING US IN THE BACK OF THE CHAMBER. FOR THOSE OF YOU
WHO DON'T KNOW, CATHY IS A STORIED LEGISLATOR. SHE WAS ELECTED IN 1984
AND SERVED IN THIS GREAT HOUSE FROM 1985 TO 2022, REPRESENTING THE
37TH ASSEMBLY DISTRICT IN QUEENS. SHE CHAIRED LOTS OF DIFFERENT
COMMITTEES, INCLUDING LABOR AND EDUCATION. AND WHEN I FIRST GOT
HERE, SHE WAS ONE OF THE FEW BUT AMAZING WOMEN LEGISLATORS WHO
REALLY TOOK ALL OF US UNDER HER WING, AND I'M ETERNALLY GRATEFUL FOR YOUR
LEADERSHIP. AND IT'S SO GREAT TO SEE YOU BACK AND IN GOOD SPIRITS.
SO ON BEHALF OF MYSELF, THE QUEENS DELEGATION AND
ALL THE MEMBERS, PLEASE EXTEND THE CORDIALITIES OF THE FLOOR. THANK
3
NYS ASSEMBLY MAY 13, 2025
YOU.
ACTING SPEAKER HUNTER: YES, OF COURSE. ON
BEHALF OF MS. ROZIC, THE SPEAKER AND ALL MEMBERS, WELCOME BACK
CATHY, TO THE ASSEMBLY CHAMBER.
(APPLAUSE)
ONCE A MEMBER ALWAYS A MEMBER.
(APPLAUSE)
WONDERFUL TO SEE YOU HERE TODAY. THANK YOU SO
MUCH FOR JOINING US, AGAIN.
(APPLAUSE)
MR. ZACCARO FOR THE PURPOSES OF AN INTRODUCTION.
MR. ZACCARO: THANK YOU, MADAM SPEAKER.
TODAY I RISE WITH GREAT PRIDE TO RECOGNIZE AND WELCOME A REMARKABLE
GROUP OF CONSTITUENTS FROM MY DISTRICT AND MANY FROM ACROSS THE STATE.
IF YOU'VE BEEN PAYING ATTENTION, YOU MIGHT HAVE BEEN SEEING A LOT OF
RED, WHITE AND BLACK TODAY AND THAT IS BECAUSE WE ARE HERE TO CELEBRATE
YEMENI AMERICAN HERITAGE DAY IN THE STATE OF NEW YORK. AND I
HAVE A GROUP WITH ME WHO ARE HERE TODAY FOR A HISTORIC OCCA -- FOR THAT
HISTORIC OCCASION, AND CELEBRATING THE INAUGURAL AMERICAN -- YEMENI
AMERICAN HERITAGE DAY IN THE STATE OF NEW YORK WHICH THIS CHAMBER
PASSED JUST TWO WEEKS AGO. AND FOR ALL OF US, TODAY IS MORE THAN A
CELEBRATION OF HERITAGE. IT'S A RECOGNITION OF RESILIENCE, OF DEEP
CULTURAL ROOTS AND OF MEANINGFUL CONTRIBUTIONS TO THE SOCIAL, ECONOMIC
AND CIVIL LIFE OF NEW YORKERS. AND SO, FROM THE BUSTLING STREETS OF
LITTLE YEMEN IN THE BRONX, TO NEIGHBORHOODS ACROSS OUR STATE, YEMENI
4
NYS ASSEMBLY MAY 13, 2025
AMERICANS ARE SMALL BUSINESSOWNERS. THEY ARE EDUCATORS. THEY ARE
FRONTLINE WORKERS AND THEY ARE COMMUNITY LEADERS WHO ARE BUILDING
BRIDGES AND STRENGTHENING THE FABRIC OF OUR STATE EVERY SINGLE DAY.
AND THEIR PRESENCE HERE TODAY HONORS NOT ONLY WHERE THEY ARE FROM,
BUT THE FUTURE THAT THEY ARE SHAPING.
AND SO, MADAM SPEAKER, WOULD YOU PLEASE JOIN ME
IN WELCOMING THEM TO THE PEOPLE'S HOUSE TODAY AND EXTENDING THEM
THE PRIVILEGES OF THE HOUSE AS WE CELEBRATE YEMENI AMERICAN
HERITAGE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
ZACCARO, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU YEMENI
AMERICANS FROM THE BRONX FOR YOUR CELEBRATION OF YEMENI AMERICAN
HERITAGE DAY. WE EXTEND THE PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU
ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MR. PRETLOW FOR THE PURPOSES OF AN INTRODUCTION.
MR. PRETLOW: THANK -- THANK YOU, MADAM
SPEAKER. IT IS MY DISTINCT PLEASURE TO WELCOME A GROUP OF
DISTINGUISHED GUESTS AND TO INTRODUCE AN ORGANIZATION THAT PLAYS A VITAL
ROLE IN THE FINANCIAL PROFESSIONAL LANDSCAPE OF OUR STATE. THE NEW
YORK STATE SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS. SINCE ITS
FOUNDING IN 1897, THE NEW YORK STATE SOCIETY OF CERTIFIED PUBLIC
ACCOUNTANTS -- WHEN THE YEMENI'S LEAVE I'LL FINISH.
(PAUSE)
SINCE ITS FOUNDING IN 1897, THE NEW YORK STATE
5
NYS ASSEMBLY MAY 13, 2025
SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS HAS DEDICATED ITSELF TO
EDUCATING, CONNECTING AND GROWING THE CPA PROFESSION ACROSS NEW
YORK STATE THROUGH INNOVATIVE MEMBERSHIP PROGRAMS, BOTH IN PERSON
AND VIRTUAL NETWORKING OPPORTUNITIES, AND RESPECTED EDUCATIONAL
CONFERENCES. THE NEW YORK STATE SOCIETY OF CPAS HAS EMPOWERED
THOUSANDS OF CPAS, ACCOUNTANTS, LAWYERS, BANKERS AND OTHER INDUSTRY
PROFESSIONALS TO ACHIEVE REMARKABLE SUCCESS IN THEIR CAREERS. TODAY,
THE ORGANIZATION REPRESENTS APPROXIMATELY 20,000 PROFESSIONALS FROM
EVERY CORNER OF THE STATE, COMMITTED TO ADVOCATING ON ISSUES THAT
IMPACT CPA FIRMS, THEIR CLIENTS AND THE GREATER PUBLIC GOOD. JOINING
US TODAY ARE SOME OF THE ORGANIZATIONS KEY LEADERS INCLUDING THEIR
CHIEF EXECUTIVE OFFICER, CALVIN HARRIS JR., PRESIDENT KEVIN O'LEARY,
AND SENIOR LEADERS DAVID EVANGELISTA, KEVIN MATZ, AND ALICIA
TORRANCE, WHO IS ALSO THE CHIEF FINANCIAL OFFICER OF THE ADAPT
NETWORK. PLEASE JOIN ME AND JOIN -- IN WELCOMING THIS DISTINGUISHED
GROUP TO OUR CHAMBER.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
PRETLOW, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU, THE NEW
YORK STATE SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS, EXTEND THE
PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MS. HYNDMAN FOR THE PURPOSES OF AN INTRODUCTION.
MS. HYNDMAN: THANK YOU, MADAM SPEAKER. SO,
TODAY JOINING US IN THE CHAMBER, IF YOU SEE I'M -- I'M WEARING RED AND
6
NYS ASSEMBLY MAY 13, 2025
SO ARE THE WOMEN THAT ARE BEHIND ME, ARE MEMBERS OF DELTA SIGMA
THETA SORORITY, INCORPORATED. WE ARE OVER 350,000 COLLEGE EDUCATED
WOMEN AND OVER 1,000 CHAPTERS ACROSS THE COUNTRY AND INTERNATIONALLY.
SO, TODAY, WE HAVE THE UPSTATE COORDINATOR, SOROR DR. HARRIS, AND
DOWNSTATE COORDINATOR FOR SOCIAL ACTION, SOROR MICHELLE AKYEMPONG.
WE HAVE MEMBERS FROM OUR ALBANY ALUMNI CHAPTER, BROOKLYN, EAST
KINGS COUNTY ALUMNI CHAPTERS. ITHACA, MID-HUDSON NEW YORK,
ROCHESTER, STATEN ISLAND, SYRACUSE, WESTCHESTER AND NASSAU. SO, A LOT
OF YOU PROBABLY HAVE DELTAS IN YOUR DISTRICT. WE ARE KNOWN FOR SOCIAL
ACTION, ENCOURAGING VOTER TURNOUT, MAKING SURE THAT WE ARE TAKING CARE
OF THE NEXT GENERATION.
SO, ON BEHALF OF SORO ASSEMBLYWOMAN RODNEYSE
BICHOTTE HERMELYN AND MYSELF, PLEASE AFFORD THEM THE CORDIALITIES OF
THE HOUSE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MEMBER HYNDMAN, MEMBER BICHOTTE HERMELYN, THE
SPEAKER AND ALL OF THE MEMBERS, WE WELCOME YOU SORORS FROM THE
DELTA SIGMA THETA SORORITY, EXTEND THE PRIVILEGES OF THE FLOOR TO YOU.
HOPE YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR
JOINING US.
(APPLAUSE)
MS. LUCAS FOR THE PURPOSES OF AN INTRODUCTION.
MS. LUCAS: THANK YOU, MADAM SPEAKER, AND GOOD
AFTERNOON. I AM HONORED TO RECOGNIZE BE'ER HAGOLAH INSTITUTE VISITING
FROM MY DISTRICT TODAY, WHICH IS THE 60TH ASSEMBLY DISTRICT. BE'ER
7
NYS ASSEMBLY MAY 13, 2025
HAGOLAH IS A SCHOOL THAT HAS APPROXIMATELY 400 STUDENTS. THE
MAJORITY OF THE STUDENT BODY ARE CHILDREN OF IMMIGRANTS. THEY OFFER
THE CHILDREN A CHANCE TO GET A PROPER EDUCATION, AS WELL AS A CHANCE TO
LEARN ABOUT THEIR JEWISH HERITAGE AND CULTURE. THEIR STUDENTS GRADUATE
AND GO ON TO COLLEGE GIVING THEM OPPORTUNITIES THAT THEIR PARENTS NEVER
HAD. THE BE'ER HAGOLAH INSTITUTE IS IN ALBANY TODAY VISITING THE STATE
CAPITOL AND WITNESSING, AT THEIR YOUNG AGE, OF HOW GOVERNMENT WORKS
FOR THEM. AND, BY THE WAY, THEY'RE ALL YOUNG WOMEN. TODAY WE HAVE
THE BRIGHT MINDS OF 11TH AND 12TH GRADE CLASSES.
IN 1979, A GROUP OF VISIONARIES, UNDER THE LEADERSHIP
OF OUR GEDOLIM, RABBI YAAKOV KAMENETSKY, RABBI SHNEUR KOTLER,
RABBI AVROHOM PAM, RABBI ELYA SVEI AND RABBI YISROEL BELSKY, MAY
THEY ALL REST IN PEACE, FOUNDED THE BE'ER HAGOLAH INSTITUTES TO MEET THE
EDUCATIONAL, SOCIAL AND SPIRITUAL NEEDS OF THE FLOOD OF JEWISH CHILDREN
FROM THE FORMER SOVIET -- SOVIET UNION. AFTER A LIFETIME UNDER
COMMUNISM RULE, THESE NEW ARRIVALS ENTERED THE U.S. WITH LITTLE
KNOWLEDGE OF JEWISH HISTORY, TRADITIONS AND PERHAPS FAINT RECOLLECTION
OF PRACTICING THEIR SPIRITUAL HERITAGE.
IN 1989, GROUND WAS BROKEN FOR THE CONSTRUCTION OF
THE CAROLINE ZELAZNIK GRUSS EDUCATIONAL CENTER, DONATED BY JOSEPH S.
GRUSS OF NEW YORK AND THE REICHMANN FAMILY OF CANADA ON LAND
DONATED BY THE OWNERS OF STARRETT CITY AT SPRING CREEK. THE BUILDING
OPENED IN 1992 TO ACCOMMODATE 800 BOYS AND GIRLS WHO WERE
FASHIONING A NEW LIFE WITH A STRONG JEWISH IDENTITY. OVER THE YEARS,
THE SCHOOL HAS GRADUATED THOUSANDS OF NOW PRODUCTIVE MEMBERS OF
8
NYS ASSEMBLY MAY 13, 2025
JEWISH AMERICAN AND WORLD JEWISH COMMUNITIES. THE MISSION AT
BE'ER HAGOLAH INSTITUTES IS TO GIVE JEWISH CHILDREN AN OPPORTUNITY TO
SHARE IN THEIR OWN RICH SPIRITUAL LEGACY, AS ALL STUDENTS SHOULD HAVE THE
OPPORTUNITY TO DO, AND I EMPHASIZE THAT. BHI PROVIDES COMPREHENSIVE
JUDAIC AND SECULAR STUDIES, PRE-K THROUGH 12TH GRADE PROGRAM,
FOCUSING ON STUDENTS PERSONAL GROWTH. PLEASE JOIN ME IN WELCOMING
THESE STUDENTS TO OUR CHAMBERS, BECAUSE I'M GETTING THE SANDMAN.
(LAUGHTER)
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MS. LUCAS, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU
YOUNG WOMEN SCHOLARS FROM BE'ER HAGOLAH INSTITUTE TO OUR ASSEMBLY
CHAMBER AND EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. HOPE YOU
ENJOY OUR PROCEEDINGS TODAY. BEST WISHES TO ALL OF YOU. THANK YOU SO
VERY MUCH FOR JOINING US.
(APPLAUSE)
MR. BLUMENCRANZ FOR THE PURPOSES OF AN INTRODUCTION.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER. I RISE TODAY TO WELCOME AN EXCEPTIONAL GUEST TO THE PEOPLE'S
HOUSE. SOMEONE WHO HAS NOT ONLY -- NOT ONLY REPRESENTS THE GOLD
STANDARD IN PATIENT CARE, BUT WHO ALSO PROUDLY HAILS FROM MY DISTRICT IN
SYOSSET. JOINING US IN THE GALLERY TODAY IS DR. STEVEN SCHULMAN, A
TIRELESS ADVOCATE FOR THE HEALTH AND SAFETY OF ALL NEW YORKERS. DR.
SCHULMAN IS IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE SOCIETY
OF ANESTHESIOLOGISTS, AND TODAY HE'S IN ALBANY TO CONTINUE THAT MISSION
REMINDING US THAT NO MATTER A PATIENT'S BACKGROUND, INSURANCE STATUS OR
9
NYS ASSEMBLY MAY 13, 2025
ZIP CODE, THEY DESERVE THE HIGHEST LEVEL AND STANDARD OF CARE, SAFELY
ADMINISTERED BY PHYSICIAN-DIRECTED -- BY PHYSICIAN-DIRECTED
INDIVIDUALS AS GUARANTEED BY LONGSTANDING NEW YORK STATE
REGULATIONS, BUT DR. SCHULMAN'S IMPACT EXTENDS WELL BEYOND THE
OPERATING ROOM. HE SERVES AS ASSOCIATE MEDICAL DIRECTOR FOR ST.
FRANCIS HOSPITAL WHERE HE HAS BEEN INSTRUMENTAL IN IMPROVING
PERIOPERATIVE CARE, AND LEADING QUALITY INITIATIVES THAT HAVE IMPROVED
OUTCOMES AND HOSPITAL STAYS. UNDER HIS LEADERSHIP, THE TOTAL JOINT
REPLACEMENT PROGRAM AT ST. FRANCIS SAW A 30 PERCENT REDUCTION IN
LENGTH OF STAY, AND A 300 PERCENT INCREASE IN PATIENTS DISCHARGED TO
HOME. REAL RESULTS THAT BENEFIT REAL PATIENTS AND PROVIDERS ALIKE. HE
ALSO OVERSEES A LARGE GROUP PRACTICE AS PRESIDENT OF NEW YORK
CARDIOVASCULAR ANESTHESIOLOGISTS, WHERE HE MANAGES STAFFING, HUMAN
RESOURCES AND STRATEGIC GROWTH FOR OVER 35 PHYSICIANS AND SEVERAL
CRNAS. EVEN SUCCESSFULLY LEADING A MERGER WITH THE NATIONAL
HEALTHCARE CORPORATION. DR. SCHULMAN EMBODIES WHAT IT MEANS TO BE
BOTH A SKILLED PHYSICIAN, AND A CAPABLE ADMINISTRATOR.
MADAM SPEAKER, I RESPECTFULLY ASK THAT YOU EXTEND
THE PRIVILEGES AND THE CORDIALITIES OF THE FLOOR TO THIS EXCEPTIONAL
PHYSICIAN.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MR. BLUMENCRANZ, THE SPEAKER AND ALL MEMBERS, WELCOME
DR. SCHULMAN TO THE PEOPLE'S HOUSE, OUR ASSEMBLY CHAMBER, EXTEND
THE PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU ENJOY OUR PROCEEDINGS
TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
10
NYS ASSEMBLY MAY 13, 2025
(APPLAUSE)
MR. WEPRIN FOR THE PURPOSES OF AN INTRODUCTION.
MR. WEPRIN: THANK YOU, MADAM SPEAKER. TODAY
I HAVE THE PLEASURE OF INTRODUCING FORMER NBA STAR MICHAEL KIDD-
GILCHRIST TO THE PEOPLE'S HOUSE. MR. KIDD-GILCHRIST IS WIDELY
RECOGNIZED FOR HIS STELLAR BASKETBALL CAREER AS A UNIVERSITY OF
KENTUCKY MEN'S BASKETBALL CHAMPION, AND AS A SECOND OVERALL PICK IN
THE 2012 NBA DRAFT BY MICHAEL JORDAN AND THE CHARLOTTE BOBCATS,
NOW THE HORNETS. OVER THE EIGHT -- OVER HIS EIGHT YEAR NBA CAREER,
MICHAEL PLAYED FOR THE CHARLOTTE BOBCATS, HORNETS AND THE DALLAS
MAVERICKS. HIS NUMEROUS HIGH SCHOOL, COLLEGIATE AND PROFESSIONAL
ACCOLADES SOLIDIFY HIS LEGACY IN BASKETBALL. BEYOND HIS ATHLETIC
ACHIEVEMENT, MICHAEL IS A LEADING ADVOCATE FOR THE STUTTERING
COMMUNITY. IN 2021, HE FOUNDED CHANGE & IMPACT INC., A NON-PROFIT
ORGANIZATION DEDICATED TO IMPROVING HEALTHCARE ACCESS AND EXPANDING
RESOURCES FOR INDIVIDUALS WHO STUTTER. AS FOUNDER AND CEO, MICHAEL
TRAVELS AROUND THE COUNTRY ON THE CHANGE & IMPACT STUTTERING
AWARENESS TOUR, ENGAGING UNIVERSITIES, CORPORATIONS, AND CHILDREN'S
HOSPITALS NATIONWIDE. THROUGH THIS INITIATIVE, CHANGE & IMPACT
PARTNERS WITH AGENCIES TO PROVIDE FREE SPEECH THERAPY SERVICES FOR
CHILDREN AND TEENS WHO STUTTER, CONDUCTS COMPLIMENTARY CONTINUING
EDUCATION PROGRAMS FOR SPEECH-LANGUAGE PATHOLOGISTS AND HOSTS
SPECIAL EVENTS FOR THE STUTTERING COMMUNITY.
I WANT TO THANK MICHAEL FOR HIS WORK IN ADVOCACY.
EARLIER TODAY AT THE INSURANCE COMMITTEE, WHICH I CHAIR, WE REPORTED
11
NYS ASSEMBLY MAY 13, 2025
OUT A BILL, OUT OF THE COMMITTEE, WHICH WILL REQUIRE FULL INSURANCE
COVERAGE WITHOUT CO-PAYS FOR STUTTERING SERVICES. MICHAEL IS JOINED BY
DR. PEGGY CONNOR, WHO IS A -- AN OUTSTANDING ADVOCATE FOR THE
STUTTERING COMMUNITY, AS WELL AS MICHAEL'S BROTHER ROLAND MAYO
(PHONETIC). PLEASE GIVE THEM ALL A WARM -- YOUR NORMAL WARM
WELCOME.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MR. WEPRIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME
YOU MR. KIDD-GILCHRIST TO THE ASSEMBLY CHAMBER, EXTEND THE
PRIVILEGES OF THE FLOOR TO YOU. THANK YOU FOR YOUR OUTSTANDING ATHLETIC
EXCELLENCE AND ACHIEVEMENT, AND YOUR ADVOCACY ON AND OFF THE COURT.
HOPE YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR
JOINING US.
(APPLAUSE).
MR. CARROLL FOR THE PURPOSES OF AN INTRODUCTION.
MR. P. CARROLL: GOOD AFTERNOON, MADAM
SPEAKER, ESTEEMED COLLEAGUES. IT'S MY HONOR TODAY TO WELCOME FROM
NYACK, NEW YORK THE 96 DISTRICT, EMILY RODRIGUEZ TO ALBANY. EMILY
IS A STUDENT AT NYACK HIGH SCHOOL, SHE'S A JUNIOR. SHE RECENTLY WON
THE 2025 NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION
GIRLS WRESTLING CHAMPIONSHIP IN THE 185 POUND WEIGHT CLASS ON
THURSDAY, FEBRUARY 27TH, WHICH IS ACTUALLY ALSO MY BIRTHDAY, IN THE
MVP ARENA. JOINED BY EMILY HERE TODAY ARE HER MOTHER LISA VIERA,
HER DAD STEVEN RODRIGUEZ, HER SISTER ARIELLE RODRIGUEZ AND HER COACH
VICTOR MYERS.
12
NYS ASSEMBLY MAY 13, 2025
THROUGHOUT THE STATE CHAMPIONSHIP BRACKET, EMILY
PINNED ALL OF HER OPPONENTS TO SECURE THIS CHAMPIONSHIP. IT WAS THE
FIRST NYACK CHAMPIONSHIP SINCE 1988 AND THE FIRST GIRLS WRESTLING
CHAMPIONSHIP IN STATE HISTORY.
IN ADDITION TO HER WRESTLING SKILLS ACUMEN AND
CHAMPIONSHIP, SHE'S ALSO A -- A-- A DECORATED ATHLETE ON THE LACROSSE
FIELD, HAVING WON THE 2024 COACHES AWARD IN LACROSSE. SHE'S A
SECTION 1 WRESTLER OF THE YEAR AND SECTION 1 OF -- OF NEW YORK AND
SHE'S AN ALL LEAGUE FIELD HOCKEY PLAYER IN 2022, 2023 AND 2024. SHE
HOLDS THE MOST SAVES IN FIELD HOCKEY FOR HER SCHOOL FIELD HOCKEY TEAM.
ALSO, LAST WEEK, AS I KNOW BECAUSE I HEARD IT FROM MY OWN FAMILY, SHE
RECENTLY NOTCHED HER 100TH SAVE ON THE LACROSSE FIELD. IN ADDITION TO
DOING ALL OF THESE GREAT THINGS ON THE FIELD AND ON THE MAP, EMILY IS
ALSO A GREAT STUDENT. SHE'S BEEN MAINTAIN [SIC] HIGH ROLE -- HONOR ROLE
STATUS FROM 2022 THROUGH 2025. SHE'S ONLY A JUNIOR, I CAN ONLY
IMAGINE WHAT HER SENIOR YEAR WILL BRING.
PLEASE JOIN ME IN WELCOM -- WELCOMING EMILY AND
HER FAMILY TO THE FLOOR OF THE HOUSE AND EXTEND HER ALL THE CORDIALITIES
WE HAVE.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
CARROLL, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU, EMILY, TO
THE SPEAKER'S HOUSE. CONGRATULATIONS TO YOU ON ALL YOUR ACADEMIC AND
ATHLETIC ACHIEVEMENTS, IT SOUNDS WONDERFUL. YOU ARE OUR FUTURE. WE
EXTEND THE PRIVILEGES OF THE FLOOR TO YOU. HOPE YOU ENJOY OUR
PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
13
NYS ASSEMBLY MAY 13, 2025
(APPLAUSE)
MR. BURDICK FOR THE PURPOSES OF AN INTRODUCTION.
MR. BURDICK: THANK YOU, MADAM SPEAKER. IT IS
MY HONOR AND PLEASURE TO INTRODUCE TWO DISTINGUISHED CONSTITUENTS
HERE WITH US TODAY. SUSAN VAN DOLSEN, A RESIDENT OF HARRISON, WHO
HAS LIVED IN WESTCHESTER FOR OVER 60 YEARS. SHE IS COMMITTED TO
SUPPORTING SOCIAL JUSTICE ISSUES AND IS HERE TODAY IN SUPPORT OF SENT --
SENT -- SENTENCING REFORM BILLS INTO REMEDYING PAST INJUSTICES. SHE ALSO
SUPPORTS OTHER LEGISLATION TO ADDRESS INJUSTICES AND DEFICIENCIES IN THE
CARCERAL SYSTEM INCLUDING FAIR AND TIMELY, ELDER PAROLE, EARNED TIME
AND THE SECOND LOOK ACT. IT ALSO IS MY HONOR TO INTRODUCE STEPHANIE
REED, A LIFELONG RESIDENT OF WHITE PLAINS. SHE'S A MOTHER, MINISTER AND
ANTI-VIOLENCE ADVOCATE IN WHITE PLAINS, WESTCHESTER COUNTY AND
ACROSS THE COUNTRY. SHE WAS THE FIRST AFRICAN-AMERICAN WOMAN TO
BECOME A VOLUNTEER FIREFIGHTER IN WHITE PLAINS, AND FOR OVER 20 YEARS
SHE VOLUNTEERED WITH THE CLERGY TEAM INSIDE WESTCHESTER COUNTY'S
CORRECTIONAL FACILITY IN VALHALLA, NEW YORK, AND IS PROGRAM DIRECTOR
FOR RUFF RYDERS 2, THE RESCUE FOUNDATION IN WHICH SHE HELPS BRIDGE THE
GAP BETWEEN THE BUSINESS COMMUNITY, THE COMMUNITY AT-LARGE AND
ELECTED OFFICIALS.
MADAM SPEAKER, KINDLY JOIN ME IN WELCOMING SUSAN
VAN DOLSEN AND STEPHANIE REED AND EXTEND TO THEM THE PRIVILEGES AND
CORDIALITIES OF THE PEOPLE'S HOUSE.
ACTING SPEAKER HUNTER: ON BEHALF OF MR.
BURDICK, THE SPEAKER AND ALL MEMBERS, WE WELCOME YOU TO THE
14
NYS ASSEMBLY MAY 13, 2025
CHAMBER. THANK YOU FOR JOINING US. YOU ARE SO IMPRESSIVE FOR ALL OF
THE WORK THAT YOU'RE DOING. YOUR ADVOCACY WILL SPEAK VOLUMES HERE
AND BEYOND THESE WALLS. WE HOPE YOU ENJOY OUR PROCEEDINGS TODAY.
THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
MS. LEVENBERG FOR THE PURPOSES OF AN INTRODUCTION.
MS. LEVENBERG: THANK YOU-- THANK YOU, MADAM
SPEAKER. IT IS MY GREAT PRIVILEGE TO INTRODUCE SOME MEMBERS AND
FRIENDS OF HUDSON LINK FOR HIGHER EDUCATION IN PRISON. THEY ARE HERE
TODAY TO -- THIS ORGANIZATION IS IN MY DISTRICT IN OSSINING AND I HAVE
SEEN THE INCREDIBLE WORK THAT THEY DO. THEY PROVIDE COLLEGE
EDUCATION, LIFE SKILLS AND RE-ENTRY SUPPORT TO CURRENTLY AND FORMALLY
INCARCERATED PEOPLE SO THEY CAN MAKE A POSITIVE IMPACT ON THEIR OWN
LIVES, THEIR FAMILIES AND COMMUNITIES, RESULTING IN LOWER RATES OF
RECIDIVISM AND HIGHER RATES OF EMPLOYMENT AND COMMUNITY
REGENERATION, COHESIVENESS AND RECIPROCITY. THEY PROVIDE
POST-SECONDARY EDUCATIONAL OPPORTUNITIES FOR INCARCERATED STUDENTS
ENROLLED IN PROGRAMS AT SIX CORRECTIONAL FACILITIES IN THE GREATER NEW
YORK AREA. THEY PARTNER WITH ACCREDITED NEW YORK STATE COLLEGES TO
DELIVER QUALITY UNDERGRADUATE EDUCATION THAT IS BOTH COST-EFFECTIVE AND
-- AND GENERALLY EFFECTIVE. NATIONALLY, OVER 67 PERCENT OF FORMALLY
INCARCERATED PEOPLE RETURN TO PRISON WITHIN THREE YEARS OF THEIR INITIAL
RELEASE DATE. HOWEVER, LESS THAN 2 PERCENT OF HUDSON LINK GRADUATES
RETURN TO PRISON FOR A NEW CRIME WITHIN THIS THREE-YEAR PERIOD.
EDUCATING A FULL-TIME UNDERGRADUATE STUDENT IS ESTIMATED TO COST
15
NYS ASSEMBLY MAY 13, 2025
$5,000 ANNUALLY, SIGNIFICANTLY LESS THAN THE 60,000 A YEAR IT TAKES TO
INCARCERATE A PERSON IN NEW YORK STATE. THIS AMAZING SUCCESS IS THE
DIRECT RESULT OF THE TRANSFORMATIVE POWER OF EDUCATION AND THE SUPPORT
NETWORK THAT HUDSON LINK PROVIDES FOR STUDENTS AND ALUMNI. I AM SO
PROUD THAT THEY ARE ALL HERE TODAY ALSO TO TALK TO US ABOUT SENTENCING
REFORM, FAIR AND TIMELY PAROLE, THE SECOND LOOK ACT AND EVEN EARLIER
I MET WITH SOME STUDENTS WHO WERE TALKING TO ME ABOUT SOLUTIONS, NOT
SUSPENSIONS.
THANK YOU ALL SO MUCH FOR YOUR WORK AND PLEASE,
MADAM SPEAKER, EXTEND THE CORDIALITIES OF THE HOUSE TO THEM.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MS. LEVENBERG, THE SPEAKER AND ALL THE MEMBERS, WE
WELCOME YOU FROM THE HUDSON LINK PROGRAM, EXTEND THE PRIVILEGES OF
THE FLOOR TO YOU. THANK YOU FOR ALL OF THE HARD WORK AND ADVOCACY AND
TRAINING, EDUCATION YOU'RE PROVIDING FOR THOSE WHO NEED YOUR SERVICES
THE MOST. HOPE YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY
MUCH FOR JOINING US.
(APPLAUSE)
ON CONSENT, PAGE 5, RULES REPORT NO. 175, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A08018, RULES REPORT
NO. 175, LUNSFORD, DAIS, LEVENBERG, COLTON. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO EXTENDING THE
AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO
MANAGE OYSTERS.
16
NYS ASSEMBLY MAY 13, 2025
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: 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.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE CALL WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM?
ACTING SPEAKER HUNTER: WAYS AND MEANS
COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM. WAYS AND MITTY [SIC]
-- COMMITTEE MEMBERS TO THE SPEAKER'S CONFERENCE ROOM.
MS. WALSH FOR THE PURPOSES OF AN INTRODUCTION.
MS. WALSH: THANK YOU, MADAM SPEAKER, FOR
ALLOWING ME TO INTERRUPT THE PROCEEDINGS TO MAKE AN INTRODUCTION ON
BEHALF OF ASSEMBLYMEMBER LESTER CHANG. WE'RE JOINED TODAY BY
SEVERAL MEMBERS OF THE COMMUNITY ADVOCATES AND LEADING BUSINESS
LEADERS FROM MR. CHANG'S DISTRICT. THEY INCLUDE JING LIANG, JENNY FU,
LUCY TAYLOR, JEFF CHAN, XIUMEI WENG, HUAZHAO LIANG, ROBIN MUI,
YUE LIN, XIUGAN ZHENG AND LI ZHU. WOULD YOU PLEASE EXTEND TO
THEM ALL THE CORDIALITIES OF THE HOUSE ON BEHALF OF MR. CHANG. THANK
17
NYS ASSEMBLY MAY 13, 2025
YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MS. WALSH, MR. CHANG, THE SPEAKER AND ALL MEMBERS, WE
WELCOME DISTINGUISHED GUESTS FROM MR. CHANG'S DISTRICT TO THE
ASSEMBLY CHAMBER, EXTEND THE PRIVILEGES OF THE FLOOR TO YOU. HOPE
YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR JOINING
US.
(APPLAUSE)
PAGE 4, RULES REPORT NO. 174, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07928, RULES REPORT
NO. 174, CRUZ, TAYLOR. AN ACT TO AMEND CHAPTER 730 OF THE LAWS OF
2019, AMENDING THE EXECUTIVE LAW RELATING TO THE AUTHORITY OF THE
NEW YORK BLACK CAR OPERATORS' INJURY COMPENSATION FUND, INC., IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED, MS. CRUZ. IF WE CAN HAVE SOME QUIET IN THE CHAMBER,
PLEASE. TAKE YOUR SEATS IF YOU'RE WANDERING. WE'RE GOING TO BE ON
DEBATE. THANK YOU.
MS. CRUZ.
MS. CRUZ: THANK YOU, MADAM SPEAKER. THIS BILL
WOULD EXTEND TO THREE -- FOR THREE YEARS THE AUTHORITY ALREADY GRANTED
TO THE NEW YORK BLACK CAR OPERATORS' INJURY COMPENSATION FUND TO
CONTINUE PROVIDING SUPPLEMENTAL HEALTH-RELATED BENEFITS FOR BLACK CAR
DRIVERS THROUGHOUT NEW YORK STATE.
ACTING SPEAKER HUNTER: MS. GIGLIO.
18
NYS ASSEMBLY MAY 13, 2025
MS. GIGLIO: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: YES.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MS. GIGLIO: THANK YOU. SO, I JUST HAVE A FEW
QUESTIONS JUST TO CLARIFY THE INTENT OF THE ORIGINAL BILL FROM 1999. SO, IF
-- IF YOU CAN JUST PLEASE TELL ME WHAT THE ORIGINAL INTENT WAS FROM
1999?
MS. CRUZ: SURE. THE BLACK CAR FUND WAS CREATED
BY NEW YORK STATE STATUTE IN 1999 TO PROVIDE WORKERS' COMPENSATION
COVERAGE FOR -- TO OVER 100,000 INDEPENDENT CONTRACTORS, DRIVERS
AFFILIATED WITH OVER 500 MEMBER BASIS, INCLUDING UBER AND LYFT.
FUNDED BY PASSENGER SURCHARGE, IT ENSURES DRIVERS INJURED ON THE JOB
RECEIVE BENEFIT WITHOUT TAXPAYER COSTS. IN 2018, THE BLACK CAR FUND
EXPANDED TO OFFER NO COST VISION CARE AND TELEMEDICINE SERVICES
ADDRESSING GAPS IN GIG WORKER HEALTHCARE. IN 2019, THE WORKERS'
COMPENSATION BOARD RAISED CONCERNS THAT THESE TWO NEW PROGRAMS
MAY NOT MEET THE STRICT READING OF THE THEN CURRENT LAW, WHICH
AUTHORIZED THE BLACK CAR FUND TO SPEND MONEY ON SECURING THE
PAYMENT OF WORKERS' COMPENSATION AND ANY STATUTORY PENALTY
RESULTING FROM FAILURE TO SECURE SUCH PAYMENT. THAT SAME YEAR,
LEGISLATION WAS PASSED TO EXPLICITLY AUTHORIZE THESE HEALTH BENEFITS
WITH SUNSET CLAUSE EXPIRING IN 2022. LEGISLATORS THEN EXTENDED THE
19
NYS ASSEMBLY MAY 13, 2025
PROGRAM TO 2025 AND THIS BILL WOULD FURTHER EXTEND IT TO 2028.
MS. GIGLIO: OKAY. SO, WHAT WAS THE ORIGINAL --
MS. CRUZ: I'M SORRY, MADAM SPEAKER, I CAN'T HEAR.
IF WE CAN -- THANK YOU. GO AHEAD, I'M SORRY.
MS. GIGLIO: THAT'S OKAY. WHAT WAS THE ORIGINAL
SURCHARGE RATE THAT THEY COULD CHARGE THE RIDERS OF THESE BLACK CARS?
MS. CRUZ: TWO PERCENT.
MS. GIGLIO: TWO PERCENT. AND WHAT IS THE CURRENT
RATE?
MS. CRUZ: 2.5.
MS. GIGLIO: 2.5. IS THAT JUST FOR THE WORKERS'
COMP AND THEN ANOTHER .5 PERCENT ON TOP FOR THE --
MS. CRUZ: THAT'S CORRECT.
MS. GIGLIO: -- HEALTH BENEFITS?
MS. CRUZ: THAT'S CORRECT.
MS. GIGLIO: SO, IT'S UP TO 3 PERCENT NOW FROM 2
PERCENT IN 1999?
MS. CRUZ: NO. IT'S 2 PERCENT, PLUS HALF-A-POINT.
THAT'S 2.5.
MS. GIGLIO: OKAY, BECAUSE I BELIEVE THAT -- AND I'M
FORTUNATE THAT I WAS ABLE TO MEET WITH THE BLACK CAR BENEFIT FUND, AND
THEY TOLD ME THAT THEY HAD DROPPED THE RATE FROM 2.75 PERCENT IN 2023,
DOWN TO 2.5 PERCENT. SO, I JUST WANTED A LITTLE BIT OF CLARIFICATION ON
THAT.
MS. CRUZ: THAT'S NOT MY UNDERSTANDING, NO.
20
NYS ASSEMBLY MAY 13, 2025
MS. GIGLIO: OKAY. SO, IT'S --
MS. CRUZ: HOWEVER, I WILL SAY THAT BECAUSE THE
HEALTHCARE FUND HAS BEEN SO SUCCESSFUL, THERE HAVE BEEN -- THERE HAS
BEEN A -- A DECREASE IN THE COST TO -- OF -- OF ACTUAL HEALTHCARE TO THESE
FOLKS. SO, THERE IS SOME DECREASE IN THE COST, BUT I'M NOT EXACTLY SURE
THAT IS EXACTLY THE ONE YOU'RE SAYING.
MS. GIGLIO: OKAY. SO, ARE NEW YORKERS
SUBSIDIZING HEALTHCARE FOR GIG WORKERS AND FOR THE DRIVERS, NEW
YORKERS AND VISITORS TO NEW YORK? ARE THEY SUBSIDIZING HEALTHCARE
FOR GIG WORKERS THAT DRIVE THESE BLACK CAR [SIC]?
MS. CRUZ: CONSUMERS WHO ARE USING BLACK CAR --
BLACK CARS OR LIVERY CARS, UBER, LYFT AND SOME BASIS THAT STILL EXIST, ARE
PAYING A SMALL PORTION INTO A FUND THAT NOT ONLY PROVIDES WORKERS'
COMPENSATION, BECAUSE RIGHT NOW THESE FOLKS ARE CONSIDERED
CONTRACTORS, NOT EMPLOYEES OF UBER AND LYFT, AND, YOU KNOW, SIMILAR
SITUATIONS, AND INTO A FUND THAT PROVIDES CERTAIN HEALTHCARE BENEFITS.
MS. GIGLIO: OKAY. SO THEN YES, THEY ARE
SUBSIDIZING HEALTHCARE, THE RIDERS OF THESE UBER, LYFTS AND BLACK CARS.
THEY'RE SUBSIDIZING HEALTHCARE FOR THE DRIVERS.
MS. CRUZ: AGAIN, THEY ARE PAYING INTO A SYSTEM
THAT WAS CREATED BY THE STATE OF NEW YORK TO ACT AS WORKERS'
COMPENSATION, BECAUSE THEY'RE NOT ENTITLED TO IT, AND TO PROVIDE CERTAIN
HEALTHCARE BENEFITS.
MS. GIGLIO: RIGHT. THE ORIGINAL INTENT WAS JUST THE
WORKERS' COMP AND THEN IT GOT CHANGED IN 2019 FOR VISION AND ONE
21
NYS ASSEMBLY MAY 13, 2025
PAIR OF GLASSES A YEAR, AND I BELIEVE THAT WAS IT.
MS. CRUZ: I WOULD DISAGREE WITH SAYING THAT THE
ORIGINAL INTENT HAS CHANGED. I ACTUALLY THINK THAT IT HAS EXPANDED.
MS. GIGLIO: OKAY. SO, THE ORIGINAL INTENT WAS --
SHALL BE LIMITED TO SECURING THE PAYMENT OF WORKERS' COMPENSATION IN
ACCORDANCE WITH ARTICLE 6-F OF THE EXECUTIVE LAW TO BLACK CAR
OPERATORS AS DEFINED IN SUCH ARTICLE, WHOSE INJURY AROSE OUT OF AND IN
THE COURSE OF PROVIDING SERVICES FOR ESSENTIAL DISPATCHED FACILITY AS
DEFINED IN SUCH ARTICLE THAT A REGISTERED MEMBER OF SUCH FUND ANY
STATUTORY PENALTY RESULTING FROM THE FAILURE TO SECURE PAYMENT. IT ALSO
-- IT -- IT WAS SPECIFICALLY FOR WORKERS' COMPENSATION, WHICH IS WHY
THE WORKERS' COMPENSATION BOARD SAID: WE ARE NOT GOING TO BE
PROVIDING THESE HEALTH BENEFITS, SO YOU HAVE TO GO BACK AND CREATE
LEGISLATION TO DO SO. AM I CORRECT IN SAYING THAT?
MS. CRUZ: I'M NOT EXACTLY SURE THAT I UNDERSTAND
YOUR QUESTION.
MS. GIGLIO: SO, IN 1999 IT WAS SPECIFICALLY FOR
WORKERS' COMPENSATION.
MS. CRUZ: MM-HMM.
MS. GIGLIO: AT 2 PERCENT.
MS. CRUZ: MM-HMM.
MS. GIGLIO: AND IN 2019, IT INCREASED TO ADD
HEALTH BENEFITS SUCH AS VISION CHECKS AND ONE PAIR OF EYEGLASSES PER
YEAR.
MS. CRUZ: WELL, IT -- IT EXPANDED TO INCLUDE THAT
22
NYS ASSEMBLY MAY 13, 2025
AND A COUPLE OF OTHER THINGS. AND THE REASON WHY IT EXPANDED IT'S
BECAUSE AS CONTRACTORS, THEY'RE NOT CONSIDERED EMPLOYEES, THEREFORE
THEY DON'T HAVE CERTAIN HEALTHCARE COVERAGE. AND THIS ACTUALLY ENSURES
THAT THE PEOPLE WHO ARE DRIVING MANY OF US AROUND EVERYDAY, ARE
HEALTHY ENOUGH TO DO SO.
MS. GIGLIO: YEAH. I -- I COULDN'T AGREE MORE WITH
THE VISION AND THE PAIR OF GLASSES. IT'S THE OTHER HEALTH BENEFITS AND THE
DEATH BENEFIT AND, YOU KNOW, ALL THOSE OTHER THINGS THAT ARE OF CONCERN
TO ME, WHICH IS WHY I'M ASKING THE QUESTIONS. BECAUSE IN 2019, IT SAID
THE BLACK -- BLACK CAR FUND LAUNCHED TWO NEW CLAUSE CONTAINMENT
STRATEGIES. THE FIRST WAS TO OFFER DRIVERS IN NEW YORK STATE FREE VISION
BENEFITS INCLUDING A FREE ANNUAL EYE EXAM AND ACCESS TO A FREE PAIR OF
EYEGLASSES WHEN NECESSARY. THE SECOND WAS TO OFFER DRIVERS ACCESS TO
FREE TELEMEDICINE SERVICES AS A LOW COST ALTERNATIVE TO EMERGENCY ROOM
VISITS AND COSTLY IN-PERSON FOLLOW-UP WHEN APPROPRIATE. SO, THAT'S WHY
I -- I -- I THOUGHT THAT IT WAS JUST FOR THE VISION AND ONE PAIR OF GLASSES
AND ALSO, I'M SORRY, TELEMEDICINE, YES.
MS. CRUZ: AND IT'S TO PROVIDE THEM WITH THE
BENEFITS THAT MANY OF US WHO ARE CONSIDERED EMPLOYEES OF AN ENTITY
RECEIVE THAT THEY, BECAUSE THEY ARE DESIGNATED AS CONTRACTORS, CANNOT
RECEIVE. AND IT'S AT THE EXCHANGE OF AN EXTREMELY, EXTREMELY,
EXTREMELY LOW COST TO THE PASSENGER.
MS. GIGLIO: OKAY. SO, DOES THE RECENT BENEFIT
EXTENDER, WHICH NOW INCLUDES DENTAL, HEARING AND MENTAL HEALTH
SERVICES, DEVIATE FROM WHAT THE LEGISLATURE AUTHORIZED IN 2019?
23
NYS ASSEMBLY MAY 13, 2025
MS. CRUZ: NO. IT'S -- WE'RE ONLY EXTENDING THE
AMOUNT OF TIME.
MS. GIGLIO: OKAY. AND SO, HOW MANY HOURS PER
MONTH MUST A BLACK CAR DRIVER WORK TO QUALIFY FOR THOSE BENEFITS?
MS. CRUZ: THAT HAS NOTHING TO DO WITH THE BILL.
MS. GIGLIO: WELL, IT -- IT KINDA DOES BECAUSE WE'RE
ALL -- THE NEW YORKERS AND VISITORS ARE SUBSIDIZING HEALTHCARE AND
THESE UBER AND LYFT AND BLACK CAR DRIVERS ONLY HAVE TO WORK 40 HOURS
A MONTH IN ORDER TO BE ELIGIBLE FOR THESE BENEFITS.
MS. CRUZ: I'M GOING TO DISAGREE. THAT IS YOUR
OPINION THAT THEY SHOULD -- THAT THEY -- IT SOUNDS TO ME LIKE YOU'RE
SAYING IF THEY'RE ONLY DRIVING 40 HOURS A MONTH THEY'RE NOT -- THEY
SHOULDN'T BE ENTITLED. THAT'S YOUR OPINION. WE DISAGREE WITH THAT AND
THE BILL ACTUALLY MAKES SURE THAT IF THEY ARE DRIVING A CAR, WHETHER IT'S
AS A PART-TIME INDIVIDUAL OR A FULL-TIME INDIVIDUAL, THAT SMALL FEE THAT IS
CHARGED GOES TO A LARGER FUND THAT THEN MAKES SURE THAT EVERY SINGLE
PERSON WHO IS DRIVING A LIVERY CAR, A BLACK CAR, AN UBER DRIVER, CAN
ACCESS THOSE BENEFITS.
MS. GIGLIO: THE -- THE HEALTH BENEFITS?
MS. CRUZ: OH, ALL OF THE BENEFITS INCLUDING
WORKERS' COMPENSATION AND THE HEALTH BENEFITS.
MS. GIGLIO: AND DEATH BENEFITS OF $50,000.
MS. CRUZ: OH, I MEAN, I THINK WE ALL WOULD AGREE
HERE THAT IF SOMEONE IS WORKING AND IF THEY HAVE AN UNFORTUNATE
PASSING, THEY SHOULD HAVE ACCESS TO THOSE BENEFITS.
24
NYS ASSEMBLY MAY 13, 2025
MS. GIGLIO: OKAY. CAN SOMEONE QUALIFY FOR
BENEFITS WHILE HOLDING A SEPARATE FULL-TIME JOB? AND DOES THAT CREATE
THE POSSIBILITY OF DUAL MEDICAL COVERAGE OR INSURANCE BUYBACKS?
MS. CRUZ: THE BILL DOES NOT DEAL WITH THAT, BUT I
THINK MANY OF US COULD AGREE THAT IF YOU ARE IN A FINANCIAL SITUATION
WHERE YOU ARE FORCED TO WORK A FULL-TIME JOB PLUS BE A LIVERY DRIVER,
YOU PROBABLY SHOULD BE ABLE TO ACCESS THOSE BENEFITS.
MS. GIGLIO: ACTUALLY, THEY MAKE PRETTY GOOD
MONEY. IT LOOKS LIKE IT'S UP TO LIKE $23 AN HOUR NOW WHICH IS --
MS. CRUZ: THAT IS YOUR OPINION, YES.
MS. GIGLIO: YES. SO, HAS THE BOARD OF THE BLACK
CAR BENEFIT FUND PREVIOUSLY RAISED OR LOWERED THE SURCHARGE? AND
WHAT IS THE PROCESS FOR SUCH CHANGES?
MS. CRUZ: THEY ESTABLISH THEIR OWN BYLAW SO THAT
WOULD BE A QUESTION THAT'S OUTSIDE OF THE SCOPE OF THIS BILL.
MS. GIGLIO: OKAY. SO, IT'S OUTSIDE OF THE
LEGISLATURE WHETHER OR NOT THEY CAN RAISE TO, YOU KNOW, 2.75 PERCENT
AND THEN LOWER DOWN TO 2.5 PERCENT AND -- AND THEN EVEN --
MS. CRUZ: THE SURCHARGE IS CAPPED.
MS. GIGLIO: I KNOW IT'S CAPPED BUT THEY CAN -- THE
RATE CAN FLUCTUATE.
MS. CRUZ: YES, BUT IT'S UP TO THE DISCRETION OF THE
BOARD AND THAT'S OUTSIDE OF THE SCOPE OF THIS BILL.
MS. GIGLIO: DO YOU THINK THE BOARD SHOULD BE
ALLOWED TO ADJUST THE SURCHARGE WITHOUT LEGISLATIVE APPROVAL AND
25
NYS ASSEMBLY MAY 13, 2025
OVERSIGHT?
MS. CRUZ: I THINK THAT WHAT I THINK ABOUT THAT IS NOT
IMPORTANT. IT IS WHAT'S ON THE BILL, AND THE BILL SAYS THAT IT'S CAPPED,
AND THAT'S WHERE WE ARE.
MS. GIGLIO: OKAY. AN ANNUAL REPORT IS REQUIRED TO
BE SUBMITTED TO THE GOVERNOR, LEGISLATIVE LEADERS AND THE DEPARTMENT
OF STATE BY MAY 1ST OF EACH YEAR. HAVE YOU SEEN THIS YEAR'S REPORT?
MS. CRUZ: MY UNDERSTANDING IS THAT THE REPORT HAS
BEEN DELIVERED TO THE PEOPLE THAT IT NEEDS TO, BEING THE SPEAKER OF THE
LEGISLATURE, AND THAT'S WHERE THE -- THE REPORT IS AT.
MS. GIGLIO: OKAY. SO, WE DON'T KNOW WHETHER OR
NOT THERE ARE SURPLUS FUNDS IN THE ACCOUNT, WHETHER OR NOT, YOU KNOW,
WE SHOULD DETERMINE THAT THE RATE SHOULD BE LOWERED? I MEAN, WITH
CONGESTION PRICING IN THE CITY AND WITH THE TAXES THAT THE CITY CHARGES
FOR THESE UBER AND LYFT DRIVERS, IT COULD BE VERY EXPENSIVE FOR PEOPLE
TO MOVE AROUND THE CITY. DON'T YOU THINK THAT IT -- AND THROUGHOUT THE
STATE. DON'T YOU THINK THAT IF THERE WAS A RATE THAT WOULD BE FLUCTUATED
THAT THAT WOULD HAVE TO BE SOMETHING THAT WOULD -- THE LEGISLATURE
WOULD LOOK AT AND SAY: OKAY, YOU'RE STILL CHARGING 2.5 PERCENT BUT YOU
HAVE 100 MILLION IN THE BANK AND YOU ONLY SPENT 50- YOU KNOW, 25
MILLION LAST YEAR. SO, DO YOU STILL NEED TO BE CHARGING THAT SAME
SURCHARGE? AND IF NOT, WHO'S DETERMINING WHETHER OR NOT THAT
SURCHARGE SHOULD FLUCTUATE BASED ON SUSTAINABILITY OF THE BENEFITS THAT
ARE BEING OFFERED?
MS. CRUZ: THE BILL DOES NOT DEAL WITH THAT. THE
26
NYS ASSEMBLY MAY 13, 2025
BILL DEALS WITH AN EXTENSION TO AN EXISTING PROGRAM.
MS. GIGLIO: OKAY. GIVEN THE RIDE-HAILING DRIVERS
ARE REQUIRED TO CARRY LIABILITY INSURANCE AND THAT THIRD-PARTY INSURANCE
ACTUALLY PROVIDES UP TO $1 MILLION IN BODILY INJURY COVERAGE, WHY IS AN
ADDITIONAL SURCHARGE FOR THE FUNDS STILL NEEDED WHEN THEY CAN -- THEY'RE
-- THEY'RE GETTING UP TO $1 MILLION FOR BODILY INJURY IN THE CARS?
MS. CRUZ: THAT KIND OF INSURANCE DOESN'T COVER YOU
AS AN INDIVIDUAL, IT COVERS THE PERSON WHO IS INVOLVED IN THE ACCIDENT
WITH YOU, WHOEVER YOU HAPPEN TO HIT.
MS. GIGLIO: SO, YOU'RE SAYING THAT IF A DRIVER OF AN
UBER OR LYFT HAD PASSENGERS IN THE BACK AND THE PASSENGERS GOT HURT IN
AN ACCIDENT, THAT THOSE PASSENGERS WOULD NOT BE COVERED BY THAT $1
MILLION FROM THE THIRD-PARTY --
MS. CRUZ: THEY -- THEY ARE COVERED.
MS. GIGLIO: THEY ARE COVERED?
MS. CRUZ: YOU ASKED A DIFFERENT QUESTION AND THEY
ARE COVERED.
MS. GIGLIO: OKAY. IS THE DRIVER COVERED, ALSO?
MS. CRUZ: NO.
MS. GIGLIO: OKAY. THE DRIVER'S NOT COVERED.
THAT'S INTERESTING, MAYBE WE SHOULD LOOK AT THAT.
SO, OKAY. WITH CONGESTION PRICING GENERATING
SIGNIFICANT REVENUE FOR THE MTA, DOES THIS ADDITIONAL COST JUSTIFY
FURTHER SURCHARGES ON RIDE-HAILING SERVICES?
MS. CRUZ: IT'S A VERY SMALL PERCENTAGE ON THE COST
27
NYS ASSEMBLY MAY 13, 2025
OF A RIDE. THAT IS NECESSARY TO MAKE SURE THAT THE FOLKS WHO ARE UBER,
LYFT DRIVERS AND OTHER LIVERY DRIVERS ARE HEALTHY ENOUGH TO DRIVE US
AROUND.
MS. GIGLIO: AND -- AND THAT MAKES A LOT OF SENSE.
SO, WHY AREN'T COMPANIES LIKE UBER AND LYFT PROVIDING THESE BENEFITS
DIRECTLY AS OPPOSED -- AS PROPOSED IN -- IN SOME LEGISLATIVE MODELS?
MS. CRUZ: THAT'S A QUESTION --
MS. GIGLIO: NEW YORK STATE IS THE ONLY ONE THAT
ACTUALLY --
MS. CRUZ: THAT'S A QUESTION FOR UBER AND LYFT.
MS. GIGLIO: OKAY, WELL...
SO, WITHIN NEW YORK CITY, TLC DRIVERS MUST UNDERGO
FINGERPRINT, BACKGROUND CHECKS, PROVIDE A SOCIAL SECURITY NUMBER AND
BE LEGALLY AUTHORIZED TO WORK. DO THE 20 PERCENT OF DRIVERS OUT --
OPERATING OUTSIDE OF NEW YORK CITY MEET SIMILAR SAFETY AND LEGAL
REQUIREMENTS?
MS. CRUZ: MY UNDERSTANDING IS THAT OUTSIDE OF
NEW YORK CITY, IT IS THE LOCALITIES THAT SET THOSE REQUIREMENTS. SO, IT
COULD CONCEIVABLY VARY LOCALITY BY LOCALITY.
MS. GIGLIO: OKAY. SO, BACKGROUND AND FINGERPRINT
CHECKS, WHICH I THOUGHT THAT WE HAD BANNED IN THIS BODY, YOU KNOW,
LAST YEAR OR THE YEAR BEFORE, THAT YOU COULDN'T DO BACKGROUND CHECKS
UNLESS IT WAS A NURSING HOME OR AN ASSISTED LIVING OR A GROUP HOME,
AND YOU WERE DOING THE BACKGROUND CHECKS --
MS. CRUZ: YOU'RE -- JODI, YOU'RE SPEAKING ABOUT
28
NYS ASSEMBLY MAY 13, 2025
SOMETHING I'M PRETTY FAMILIAR WITH AND THAT'S THE CLEAN SLATE BILL, AND
YOU ARE INCORRECT. WE BANNED IT FOR CERTAIN INSTANCES, FOR THERE IS A
SPECIFIC CAVEAT TO ALLOW NEW YORK CITY TO MAKE SURE THAT WE COMPLY
WITH FEDERAL LAW AND WITH THOSE REQUIREMENTS.
MS. GIGLIO: WELL, THAT'S FOR THE TLC DRIVERS, RIGHT?
MS. CRUZ: YES.
MS. GIGLIO: OKAY. ALL RIGHT. AND -- OKAY. WELL,
THANK YOU VERY MUCH FOR ANSWERING MY QUESTIONS.
MS. CRUZ: THANK YOU.
MS. GIGLIO: MADAM SPEAKER, ON THE BILL, PLEASE.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. GIGLIO: SO, I -- I WANT TO THANK YOU FOR GIVING
ME THE OPPORTUNITY TO SPEAK ABOUT THIS VERY IMPORTANT ISSUE EFFECTING
NOT ONLY HARD-WORKING DRIVERS IN OUR CITY AND STATE, BUT ALSO THE
MILLIONS OF NEW YORKERS AND VISITORS WHO RELY ON BLACK CAR SERVICES
EVERYDAY. I WANT TO THANK THE BLACK CAR BENEFIT FUND FOR MEETING
WITH ME AND ANSWERING SOME OF MY QUESTIONS SO I COULD BETTER
UNDERSTAND WHAT WE'RE DOING HERE IN NEW YORK STATE.
THE NEW YORK STATE BLACK CAR BENEFIT FUND WAS
CREATED WITH A CLEAR AND MEANINGFUL PURPOSE, TO PROVIDE WORKERS'
COMPENSATION COVERAGE FOR BLACK CAR DRIVERS WHO ARE OFTEN CLASSIFIED
AS INDEPENDENT CONTRACTORS AND THEREFORE NOT ENTITLED TO TRADITIONAL
EMPLOYEE BENEFITS. THIS FUND FILLED A CRITICAL GAP ENSURING THAT DRIVERS
INJURED ON THE JOB HAD ACCESS TO THE CARE AND SUPPORT THEY NEEDED.
OVER TIME, THE FUND HAS EXPANDED TO INCLUDE ADDITIONAL BENEFITS SUCH
29
NYS ASSEMBLY MAY 13, 2025
AS VISION CARE AND EYEGLASSES. I WANT TO ACKNOWLEDGE THAT THIS IS A
POSITIVE AND JOB-RELATED ADDITION. FOR DRIVERS WHO SPEND LONG HOURS
BEHIND THE WHEEL, MAINTAINING HEALTHY VISION IS NOT A LUXURY, IT'S A
NECESSITY. THIS EXPANSION DIRECTLY SUPPORTS DRIVER SAFETY AND PUBLIC
SAFETY AND IT ALIGNS WITH THE CORE MISSION OF THE FUND. HOWEVER, WE
MUST ALSO BE CAUTIOUS AND RESPONSIBLE STEWARDS OF PUBLIC AND CUSTOMER
DOLLARS. THE RECENT INCLUSION AND PROPOSED EXPANSION OF BROADER
MEDICAL BENEFITS RAISE SERIOUS QUESTIONS. ARE THESE BENEFITS TRULY
ESSENTIAL TO MISSION OF THE FUND? OR --
TO EXPLAIN MY VOTE? OH, I CAN CONTINUE? THANK
YOU.
-- OR ARE WE MOVING INTO TERRITORY THAT SHOULD BE
COVERED BY OTHER SYSTEMS SUCH AS AUTO INSURANCE POLICIES AND THE
DISPATCHING COMPANIES THAT CONTRACT THESE DRIVERS? LET'S BE HONEST, IT
IS ALREADY EXTREMELY EXPENSIVE TO GET AROUND NEW YORK. FROM
MANHATTAN TO THE OUTER BOROUGHS AND BEYOND, RIDERS ARE FEELING THE
PINCH. EVERY ADDED COST TO THE FUND TRANSLATES INTO HIGHER FEES PASSED
DOWN TO CUSTOMERS. BOTH NEW YORKERS AND TOURISTS, MANY OF WHOM
ARE ALREADY STRUGGLING WITH THE COST OF LIVING AND TRANSPORTATION.
THERE'S ALSO THE ISSUE OF ELIGIBILITY. REQUIRING JUST 40 HOURS OF WORK
PER MONTH, THE EQUIVALENT OF ROUGHLY TEN HOURS A WEEK TO QUALIFY FOR
FULL BENEFITS MAY BE TOO LOW A BAR FOR RECEIVING COMPREHENSIVE
COVERAGE. SHOULDN'T WE CONSIDER TRYING BENEFITS -- TYING BENEFITS MORE
CLOSELY TO ACTUAL HOURS WORKED OR REVISITING WHO QUALIFIES AND FOR
WHAT? I BELIEVE IT'S TIME WE TAKE ANOTHER LOOK AT THIS BILL, NOT TO STRIP
30
NYS ASSEMBLY MAY 13, 2025
AWAY WHAT'S WORKING, BUT TO MAKE SURE WE ARE STAYING TRUE TO THE
ORIGINAL INTENT. LET'S PRESERVE THE CORE BENEFITS THAT PROTECT OUR DRIVERS
WHEN THEY NEED IT MOST. LET'S CONTINUE TO SUPPORT SAFETY-RELATED
ADDITIONS LIKE VISION CARE, BUT LET'S ALSO STOP THIS SLOW CREEP TOWARD
UNNECESSARY SPENDING THAT ONLY DRIVES UP COSTS FOR EVERYONE. IN THE
END, OUR GOAL SHOULD BE FAIR, FOCUSED AND SUSTAINABLE BENEFITS, NOT
BLOATED BUREAUCRACY. WE OWE THAT TO OUR DRIVERS, TO OUR RESIDENTS AND
TO EVERY VISITOR WHO PUTS THEIR TRUST AND MONEY INTO NEW YORK'S
TRANSPORTATION SYSTEM.
THANK YOU, MADAM SPEAKER. I WILL BE VOTING IN THE
NEGATIVE BECAUSE I BELIEVE THAT THIS IS SO FAR OUTSIDE THE ORIGINAL INTENT
THAT IT'S NOT DETERMINED WHETHER OR NOT BACKGROUND CHECKS WOULD BE
NECESSARY IN ORDER TO DRIVE OUTSIDE OF NEW YORK CITY. AND I -- I THINK
THAT FOR THE SAFETY OF NEW YORKERS AND THOSE THAT ARE VISITING, WE
SHOULD REALLY ISOLATE DOWN ON THIS BILL AND MAKE IT BETTER. SO, THANK
YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MRS.
PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU. WILL THE
SPONSOR YIELD FOR A QUESTION?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: ABSOLUTELY.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MRS. PEOPLES-STOKES: THANK YOU. MS. CRUZ, I
31
NYS ASSEMBLY MAY 13, 2025
WONDER IF YOU COULD JUST TALK A LITTLE BIT ABOUT HOW MANY PEOPLE, WHO
ARE EXISTINGLY A PART OF THE BLACK FUND [SIC], ACTUALLY HAVE ACCESS TO
HEALTHCARE?
MS. CRUZ: WELL, WITHOUT THE BLACK CAR FUND, ZERO
WOULD HAVE ACCESS. YOU KNOW, RIGHT --
MRS. PEOPLES-STOKES: I'M SORRY, WITHOUT THAT
FUND THEY WOULD NOT HAVE HEALTHCARE?
MS. CRUZ: YEAH. UNLESS THEY COULD QUALIFY FOR
MEDICAID OR SOME SORT OF EMERGENCY, YOU KNOW, THE STATE WOULD BE
CARRYING THE COST OF ANY TIME THEY GOT SICK OR ANY TIME THEY HAD TO GO
TO THE HOSPITAL.
MRS. PEOPLES-STOKES: WELL, I WANT TO JUST
THANK YOU FOR -- FOR PUTTING THE BILL IN BECAUSE THE -- THE LAST THING I
THINK WE NEED IN NEW YORK STATE IS ANYMORE PEOPLE WHO DON'T HAVE
THEIR OWN INSURANCE. AND SO, IF WE GET OPPORTUNITIES FOR PEOPLE TO
HAVE INSURANCE, PARTICULARLY WHEN WE'RE AT A POSITION WHERE THERE MAY
BE CUTS AT THE FEDERAL LEVEL ON THE NUMBER OF PEOPLE WHO HAVE ACCESS
TO MEDICAID, DO WE WANT PEOPLE TO BE UNABLE TO GET HEALTHCARE IN THE
STATE? I DON'T THINK SO. AND SO, I WANT TO COMMEND THE SPONSOR FOR
THIS PIECE OF LEGISLATION, AND I HOPE THAT WE CAN ALL SEE WHAT THIS REALLY
MEANS TO THE LIVES OF PEOPLE WHO HAVE TO GO TO WORK, TAKE CARE OF THEIR
FAMILIES, TAKE CARE OF THEIR COMMUNITY AND AT THE SAME TIME, BE
HEALTHY DOING THAT. SO, THANK YOU FOR THE LEGISLATION. I LOOK FORWARD TO
SUPPORTING IT.
MS. CRUZ: THANK YOU.
32
NYS ASSEMBLY MAY 13, 2025
ACTING SPEAKER HUNTER: THANK YOU.
MS. CRUZ.
MS. CRUZ: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. CRUZ: THE BLACK CAR FUND AND THIS ADDITIONAL
VERY TINY, SMALL SURCHARGE IS SOMETHING THAT I THINK, IF YOU COULD AFFORD
A $20 UBER DRIVE, YOU COULD AFFORD THE TEN CENTS THAT GOES INTO THIS
AMAZING FUND. AND I CALL IT AMAZING BECAUSE I'VE ACTUALLY GONE TO SEE
SOME OF THE HEALTHCARE SERVICES THAT ARE PROVIDED BY THE FUND. THEY
HAVE A TRAVELING VAN THAT DOES EYESIGHT CARE THAT HELPS PEOPLE ACTUALLY
GET TESTED, GET GLASSES AND MAKES SURE THAT WHEN THEY'RE BEHIND A
WHEEL, THEY CAN ACTUALLY SEE. IT'S ALSO BEEN A FUND THAT HAS HELPED
MORE THAN 80,000 NEW YORKERS BECAUSE THESE ARE NEW YORKERS, THESE
ARE FOLKS WHO ARE DRIVING US AROUND, MAKING SURE WE GET TO WORK, WE
GET TO SCHOOL, WE GET TO A RESTAURANT AND HAVE FUN, SO THAT WE DON'T
HAVE TO DRIVE OR EVEN BE BEHIND A WHEEL WHEN WE MAY BE DRINKING,
WHEN WE MAY BE PARTYING AND WE CAN ACTUALLY HAVE FUN. THESE ARE THE
FOLKS WHO ARE HELPING US MAKE SURE THAT WE GET TO FUN PLACES, THAT WE
GET TO WORK, THAT WE GET TO CHURCH. AND WHY CAN'T WE AS THE STATE STEP
IN WHEN THERE'S A GAP? AND THE GAP EXISTS BECAUSE, UNFORTUNATELY, THEY
ARE NOT DEEMED EMPLOYEES OF AN ENTITY, THEY ARE SUBCONTRACTORS.
TECHNICALLY, THEY'RE THE EMPLOYEES OF THE PERSON WHO HIRED THEM,
MEANING THE -- THE RIDER. AND SO IF I, AS THEIR EMPLOYER, HAVE TO PAY
ONLY TEN CENTS TO MAKE SURE THAT THEY CAN GET HEALTHCARE, THAT THEY CAN
33
NYS ASSEMBLY MAY 13, 2025
GET EXTRA BENEFITS, I'M GOING TO HAPPILY DO IT. THIS FUND HAS BEEN
WORKING PERFECTLY AND HAS BEEN ACTUALLY HELPING PEOPLE FOR A VERY LONG
TIME. AND I WANT TO THANK THE UNION, AND ACTUALLY, IT'S THE MACHINIST
UNION, WHICH I BELIEVE OUR COLLEAGUE IS FAMILIAR WITH, WHO HAD THE
IDEA TO ACTUALLY MOVE THIS FORWARD AND TO MAKE SURE THAT WE ARE
CREATING SOMETHING THAT STEPS IN TO FILL A VOID. IF WE EVER CHANGE THE
LAW, AND I AGREE WITH MY COLLEAGUE THAT THESE TWO GIGANTIC COMPANIES,
SHOULD BE THE ONES ACTUALLY CARRYING THE COST THE WAY THAT ANY OTHER
COMPANY WOULD. BUT IN THE MEANTIME, THESE ARE FOLKS THAT NEED OUR
SUPPORT, THAT ARE WORKING, THAT ARE PAYING TAXES AND THAT IT'S ONLY
COSTING US A COUPLE OF CENTS EVERY RIDE TO MAKE SURE THAT WE ARE
SUPPORTING THEM AND GIVING THEM THE BENEFITS THAT EVERY SINGLE ONE OF
US HAS.
ADDITIONALLY, THE FUND ISN'T WITHOUT OVERSIGHT. THE
DEPARTMENT OF STATE STEPS IN AND ACTUALLY LOOKS AT THEIR PLAN OF
OPERATION AND IS ABLE TO MAKE SURE THAT THE FUND IS FUNCTIONING THE WAY
THAT IT WAS INTENDED TO FUNCTION. AND EVERY YEAR THEY PROVIDE US, AS
THE LEGISLATURE, WITH A REPORT. AND I CAN ALMOST SPEAK ON BEHALF OF
THOSE WHO READ THE REPORT, THAT IF THERE WAS SOMETHING WRONG IN THAT
REPORT, THERE WOULD BE NOISE MADE TO MAKE SURE THAT WE WOULD CHANGE
THE -- THE PLANS ACCORDINGLY, BECAUSE WE WANT TO MAKE SURE THAT THE
FUND WORKS AND CONTINUES TO WORK. AND IT WORKS SO WELL THAT THIS IS
OUR FOURTH TIME, I THINK, RENEWING IT AND EXTENDING IT TO MAKE SURE THAT
WE CONTINUE THIS. IF IT WAS UP TO ME, WE'D MAKE IT PERMANENT AND WE
WOULDN'T HAVE TO HAVE THIS CONVERSATION AGAIN. BUT, I DO WANT TO THANK
34
NYS ASSEMBLY MAY 13, 2025
THE TEAM AT THE BLACK CAR FUND AND THE DRIVERS WHO I'VE HAD
OPPORTUNITY TO MEET, TO HAVE THE DISCUSSION AND TO SEE FIRSTHAND THE
GOOD WORK THAT THEY DO. AND I LOOK FORWARD TO THE BILL PASSING AGAIN,
TO GETTING SIGNED AND TO MAKING SURE THAT WE CAN CONTINUE TO PROVIDE
DRIVERS WITH THESE MUCH-NEEDED BENEFITS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. LUNSFORD.
MS. LUNSFORD: THANK YOU SO MUCH. WOULD THE
SPONSOR YIELD BRIEFLY? I JUST HAVE A QUICK CLARIFYING QUESTION.
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. CRUZ: ABSOLUTELY.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. LUNSFORD: I'M JUST LOOKING AT THE LANGUAGE
HERE. JUST TO CLARIFY, THIS IS -- THIS IS AN EXTENSION, CORRECT?
MS. CRUZ: YES.
MS. LUNSFORD: DOES THIS INCREASE ANY OF THE
SURCHARGE FROM PRIOR YEARS?
MS. CRUZ: NO.
MS. LUNSFORD: THIS IS -- WE'RE JUST EXTENDING
CURRENT LAW.
MS. CRUZ: THAT'S RIGHT. WE'RE EXTEND -- IT'S EXACTLY
THE ONE THAT IT WAS THREE YEARS AGO WHEN THE -- WE LAST PASSED IT. IT'S
JUST THREE MORE YEARS.
MS. LUNSFORD: AND IF THESE DRIVERS DIDN'T HAVE
35
NYS ASSEMBLY MAY 13, 2025
THIS COVERAGE, WHO WOULD BE PAYING FOR THEIR MEDICAL COVERAGE
CONSIDERING THAT AT $23 AN HOUR, ASSUMING THEY WORK FULL-TIME, THEY
ACTUALLY WOULDN'T QUALIFY FOR MEDICAID. SO, WHAT WOULD HAPPEN THEN?
MS. CRUZ: OH, WE WOULD BE AS THE STATE. THEY'D
PROBABLY BE ON ONE OF THE MEDICAL PLANS THAT WE OFFER.
MS. LUNSFORD: SO, UNDER THIS CURRENT PLAN, ONLY
THE USERS OF THE PRODUCT, THE PEOPLE WHO TAKE THE BLACK CARS, ARE THE
ONES PAYING INTO THE SYSTEM FOR THE PEOPLE PROVIDING THEM THE SERVICE.
MS. CRUZ: THAT'S CORRECT.
MS. LUNSFORD: IT'S ACTUALLY VERY COST-EFFECTIVE FOR
NEW YORKERS AS OPPOSED TO SPREADING THAT ACROSS EVERY SINGLE CITIZEN
WHO MAY NOT HAVE ACCESS TO THESE CARS.
MS. CRUZ: I WOULD ARGUE SO, YES.
MS. LUNSFORD: ALL RIGHT. THANK YOU VERY MUCH.
MS. CRUZ: THANK YOU.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. GIGLIO TO EXPLAIN HER VOTE.
MS. GIGLIO: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. SO, I TRIED TO GET A COPY OF THE REPORT THAT WAS
SUBMITTED ON MAY 1ST. I ACTUALLY ASKED THE BLACK CAR BENEFIT FUND
36
NYS ASSEMBLY MAY 13, 2025
FOR IT, THEY TOLD ME IT WAS PROPRIETARY. I REACHED OUT TO THE DEPARTMENT
OF STATE ASKING FOR A REPORT, THEY TOLD ME THAT I COULDN'T HAVE IT. I
BELIEVE THAT OUR LEADER HAS -- IS TRYING TO GET A COPY OF THAT REPORT FOR
ME. SO, IT -- THAT REPORT IS NOT AVAILABLE TO THE LEGISLATURE AND I WOULD
FEEL MUCH BETTER IF IT WAS BECAUSE WE DON'T KNOW WHAT THE SURPLUS IS IN
THE ACCOUNT, WE DON'T KNOW WHAT THEY'RE SPENDING FOR WORKERS' COMP,
WE DON'T KNOW WHAT THEY'RE SPENDING FOR BENEFITS. BUT THE COST TO GET
AROUND NEW YORK CITY AND NEW YORK STATE KEEP GOING UP WITH
CONGESTION PRICING, WITH THE NEW YORK CITY SALES TAX THAT GOES ON TOP
OF IT. I MEAN, I TOOK AN UBER LAST NIGHT FROM THE RUDDERS DINNER AND IT
COST ME $30 TO GET FROM, YOU KNOW, ALBANY TO TROY. SO, THESE COSTS
JUST KEEP GOING UP AND THERE'S NO OVERSIGHT. DEPARTMENT OF STATE GETS
A COPY OF THE REPORT ALSO, THEY DO NOT OVERSEE THE OPERATION. THEY ONLY
GET REPORTS AS -- AS WELL AS THE MAJORITY LEADER, THE SPEAKER,
DEPARTMENT OF STATE AND THERE WAS ONE OTHER ENTITY. BUT THE BLACK CAR
BENEFIT FUND DID TELL ME THAT THE SPEAKER WAS -- WANTED THIS REPORT TO
BE TRANSPARENT. SO, I APPRECIATE THAT AND I'M HOPING THAT WE CAN DO
BETTER, NOT ONLY FOR NEW YORKERS AND TO KEEP COSTS DOWN, BUT TO ALSO
HOLD COMPANIES THAT HIRE THESE WORKERS. YOU KNOW, IT'S THE
INDEPENDENT DRIVERS GUILD, NOT A UNION, WHICH IS WHY THE ORIGINAL BILL
HAD THE SUPPORT OF THE ALF-CIO IN 1999, AND THEY ARE NOT TAKING A
POSITION TODAY. SO, IT'S, YOU KNOW, THERE SOME THINGS THAT ARE BEING
SAID, BUT ANYWAY. I THINK THAT ADDING BENEFITS JUST BECAUSE THERE'S
MORE MONEY IN THE FUND; MAYBE WE SHOULD THINK ABOUT LOWERING THE
PERCENTAGE THAT WE'RE CHARGING NEW YORKERS AND VISITORS, RATHER THAN
37
NYS ASSEMBLY MAY 13, 2025
FINDING OTHER EXPENSES. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. MS.
GIGLIO IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER, TO EXPLAIN MY VOTE. ACCESS TO HEALTHCARE IS NOT FREE. IT'S NOT.
AND SO UNTIL WE GET TO A PLACE IN THIS COUNTRY, AND WE'RE NOT ANYWHERE
NEAR IT, WHERE THERE'LL BE UNIVERSAL ACCESS TO HEALTHCARE, EVERYTHING WE
BUY, EVERYTHING WE USE, WE WILL BE PAYING FOR THE EMPLOYERS AND
EMPLOYEES' HEALTHCARE. THAT'S THE WAY IT IS. THAT'S WHERE WE LIVE AND
THAT'S WHAT WE HAVE TO DEAL WITH. SO, TO DENY SOME PEOPLE HEALTHCARE
BECAUSE WE DON'T WANT TO PAY A HIGHER PRICE, IS NOT NECESSARILY FAIR.
DEAL WITH THE REALITY OF IT. YOU BUY A CAR, YOU'RE PAYING FOR PEOPLE'S
HEALTH INSURANCE. YOU BUY A DRESS, YOU'RE PAYING FOR PEOPLE'S HEALTH
INSURANCE. YOU GO TO THE STORE, YOU'RE PAYING FOR PEOPLE'S HEALTH
INSURANCE, BECAUSE THE EMPLOYER IS NOT CARRYING THAT WHOLE COST
THEMSELVES, THEY'RE PASSING IT ON TO THE CONSUMER. AND IT'S THE REASON
WHY WE SEE PRICES CONTINUE TO GO UP AND UP AND UP BECAUSE WE WON'T
DO WHAT WE COULD DO AND THAT'S PROVIDE INSURANCE TO EVERY AMERICAN
AS AN AMERICAN.
ACTING SPEAKER HUNTER: MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
38
NYS ASSEMBLY MAY 13, 2025
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF YOU
COULD PLEASE CALL THE RULES COMMITTEE.
ACTING SPEAKER HUNTER: RULES COMMITTEE TO
THE SPEAKER'S CONFERENCE ROOM. RULES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM.
PAGE 12, CALENDAR NO. 88, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01865-A, CALENDAR
NO. 88, ROSENTHAL, BURDICK, EPSTEIN, SEAWRIGHT, LUCAS, LEVENBERG.
AN ACT TO AMEND THE REAL PROPERTY LAW, IN RELATION TO THE INSTALLATION
OF APPLIANCES OR FIXTURES BY TENANTS.
ACTING SPEAKER HUNTER: AN EXPLANATION HAS
BEEN REQUESTED.
MS. ROSENTHAL.
MS. ROSENTHAL: THIS BILL WOULD PROHIBIT A
LANDLORD FROM RESTRICTING A RESIDENTIAL TENANT FROM INSTALLING APPLIANCES
OR FIXTURES IF THEY COMPLY WITH APPLICABLE BUILDING CODES AND THE
TENANT HAS SOUGHT AND OBTAINED WRITTEN CONSENT FROM THE LANDLORD.
ACTING SPEAKER HUNTER: MR. FITZPATRICK.
MR. FITZPATRICK: WILL THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
39
NYS ASSEMBLY MAY 13, 2025
MR. FITZPATRICK: THANK -- THANK YOU, LINDA.
THE -- SO, IN -- IN A -- AN APARTMENT BUILDING OR A RENTAL UNIT,
APPLIANCES ARE PROVIDED, CORRECT?
MS. ROSENTHAL: USUALLY.
MR. FITZPATRICK: USUALLY. ARE THERE EXAMPLES
WHERE IT'S NOT? I MEAN, ARE PEOPLE --
MS. ROSENTHAL: YEAH, BUT THAT'S LIKE IN THE
WEEDS, SO I'LL SAY YES.
MR. FITZPATRICK: ARE THERE ANY SITUATIONS WHERE
PEOPLE WHO MOVE INTO AN APARTMENT OR A DWELLING AND THEY HAVE TO
PROVIDE THEIR OWN APPLIANCES?
MS. ROSENTHAL: YOU KNOW, AT TIMES, IN GENERAL,
AT LEAST IN THE CITY, THEY DO PROVIDE APPLIANCES.
MR. FITZPATRICK: IN -- IN THE CITY THEY DO.
OKAY.
MS. ROSENTHAL: YEAH, GENERALLY.
MR. FITZPATRICK: YEAH, GENERALLY. THAT'S WHAT
-- SO, THE -- THE PROPERTY OWNER, THE PROVIDER OF THE HOUSING IS -- HAS TO
MEET CERTAIN STANDARDS IN ORDER TO ATTRACT A BUYER SO HE PUT -- HE OR SHE
IS GOING TO PROVIDE A -- A DECENT REFRIGERATOR, A DECENT RANGE, A DECENT
WASHER OR DRYER IF THAT'S AVAILABLE, CORRECT?
MS. ROSENTHAL: NOT THE WASHER/DRYER BUT THE
REFRIGERATOR.
MR. FITZPATRICK: WELL, YEAH, YES, IF-- IF
APPLICABLE. SO, WHY WOULD SOMEONE WANT TO, I'M GONNA ASSUME,
40
NYS ASSEMBLY MAY 13, 2025
UPGRADE AN APPLIANCE? MOST LIKELY PERHAPS A REFRIGERATOR IS WHAT
WE'RE TALKING MOSTLY HERE?
MS. ROSENTHAL: YOU KNOW, IF -- IF SOMEONE'S
REFRIGERATOR, A RENTER'S REFRIGERATOR BREAKS, OFTEN THEY ARE GIVEN A
REFURBISHED REFRIGERATOR. AND SOMETIMES, PEOPLE WANT TO HAVE A
BIGGER FREEZER, FOR EXAMPLE. SO, THEY'D LIKE TO BUY THEIR OWN
REFRIGERATOR, AND OFTEN THE LANDLORD SAYS NO. AND I DON'T KNOW WHAT
REASON THEY HAVE, BUT THIS WOULD ENABLE PEOPLE TO BUY THEIR OWN
APPLIANCE, IT'S A SHORT LIST, AND THE LANDLORD WOULD HAVE TO SAY IF IT -- IT
DOES NOT CONFORM TO A PARTICULAR CODE THEN THEY COULD DENY IT.
OTHERWISE, THEY'D HAVE TO ALLOW THEM.
MR. FITZPATRICK: SO, DOES, UNDER THE CURRENT
LAW, IS A SURCHARGE PERMITTED TO BE APPLIED?
MS. ROSENTHAL: NO. WELL, IT COULD BE AN IAI IF
THE LANDLORD WANTED TO PROVIDE A NEW ONE. BUT, YOU KNOW, I'VE HAD
THIS BILL FOR -- FOR A WHILE AND IT'S BASED ON EXPERIENCE WITH DIFFERENT
CONSTITUENTS AND DIFFERENT STORIES I'VE HEARD; WHERE THE CONSTITUENT JUST
WANTS TO BUY THEIR OWN APPLIANCE AND THE LANDLORDS HAVE JUST SAID NO
WITHOUT GOOD REASON. THIS BILL, YOU KNOW, IT -- IT ENSURES THAT THE
TENANT PAYS FOR EVERYTHING, DOES NOT CAUSE ANY BURDEN ON THE LANDLORD,
IT SIMPLY LET'S THEM PURCHASE AN APPLIANCE THAT THEY WANT.
MR. FITZPATRICK: SO, IS THE TENANT REQUIRED TO
REMOVE THAT NEW APPLIANCE UPON --
MS. ROSENTHAL: YEAH. WHEN THEY MOVE OUT?
MR. FITZPATRICK: WHEN THEY MOVE OUT?
41
NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: YEAH. AT THE TERMINATION OF THE
TENANCY, THE TENANT IS RESPONSIBLE EITHER FOR RESTORING APPLIANCES THAT
WERE INSTALLED OR -- OR LEAVE -- LEAVING WHAT -- WHAT THEY BOUGHT
BEHIND.
MR. FITZPATRICK: OKAY. SO, IN A SITUATION LIKE
THE CITY WHERE MOST OF THE HOUSING STOCK PREDATES WORLD WAR II, IT'S
VERY OLD, THE CONCERN IS IF YOU HAVE A LARGE NUMBER OF TENANTS SAYING, I
WANT TO UPGRADE THE REFRIGERATOR. WHAT IF THE ELECTRIC SERVICE IS NOT
ABLE TO HANDLE THAT?
MS. ROSENTHAL: WELL, THEN THE LANDLORD COULD
PROVIDE THAT REASON AND DENY IT.
MR. FITZPATRICK: OKAY.
MS. ROSENTHAL: BUT, YOU KNOW, I THINK
REFRIGERATORS, FOR EXAMPLE, THEY SHOULD -- THEY ALL MUST BE IN GOOD
WORKING CONDITION, SO THEY PROBABLY CAN'T BE THAT OLD THAT THEY NEED A
DIFFERENT CURRENT. BUT, IF THE WHOLE BUILDING HAS NEWER ONES AND IT'S A
TAX ON THE ELECTRICITY, THEN THE LANDLORD CAN SAY NO.
MR. FITZPATRICK: I -- AND THAT'S A LEGITIMATE --
THAT'S A LEGITIMATE EXCUSE OR A LEGITIMATE REASON TO DENY THAT -- IF --
MS. ROSENTHAL: IF -- IF THEY FIND THAT APPLICABLE
BUILDING CODE IS NOT ADHERED TO.
MR. FITZPATRICK: OKAY. SO, THE PROPERTY OWNER
WHO OWNS, THIS IS PRIVATE PROPERTY --
MS. ROSENTHAL: YEAH.
MR. FITZPATRICK: -- OWNED BY AN INDIVIDUAL OR
42
NYS ASSEMBLY MAY 13, 2025
CORPORATION --
MS. ROSENTHAL: RIGHT.
MR. FITZPATRICK: -- THEY -- THEY DICTATE THE
TERMS. YOU ARE RENTING SPACE FROM THEM.
MS. ROSENTHAL: INDEED.
MR. FITZPATRICK: SO, YOU ARE -- I'M GOING TO RENT
AN APARTMENT FROM THEM. I'M MOVING INTO THEIR PROPERTY, NOT MY
PROPERTY.
MS. ROSENTHAL: WELL, YOU'RE PAYING MONTHLY FOR
THAT PRIVILEGE.
MR. FITZPATRICK: I'M PAYING FOR THAT PRIVILEGE,
BUT I'M ALSO PAYING FOR A REFRIGERATOR AND ANY OTHER APPLIANCE THAT
MIGHT BE THERE. YEAH, I MAY DESIRE AN ADDITIONAL OR A LARGER FREEZER OR
SOMETHING. WHY NOT RATHER THAN REPLACE THE ENTIRE UNIT, YOU BUY
MAYBE A SMALL FREEZER OR SEEK PERMISSION TO DO THAT RATHER THAN A LARGE
OR AN -- AN ENTIRE REFRIGERATOR?
MS. ROSENTHAL: I DON'T -- I DON'T THINK IT'S THAT
UNREASONABLE TO WANT TO BUY A NICER REFRIGERATOR PERHAPS THAN THE ONE
THAT YOU HAVE. AND I'M NOT TALKING ABOUT BUYING LIKE A, I FORGET, SOME
LIKE VERY MIELE, M-I-E-L-E, I'M NOT SURE HOW TO SAY IT, OR SUB-ZERO,
THAT'S NOT WHAT WE'RE TALKING ABOUT. YOU KNOW, AS I SAID EARLIER, THE
LANDLORD HAS TO PROVIDE A WORKING REFRIGERATOR, BUT OFTEN IT'S NOT AS
EFFICIENT --
MR. FITZPATRICK: SO -- SO IF YOU HAVE --
MS. ROSENTHAL: -- IT'S NOT AS EFFICIENT, FOR
43
NYS ASSEMBLY MAY 13, 2025
EXAMPLE.
MR. FITZPATRICK: SO, WE'RE NOT TALKING LARGE
SPACES. GENERALLY, YOU KNOW, CITY APARTMENTS GENERALLY HAVE PRETTY
TIGHT QUARTERS, ESPECIALLY --
MS. ROSENTHAL: WELL, SOME -- SOME DO, SOME
DON'T.
MR. FITZPATRICK: SOME DO, SOME DON'T. BUT, I --
I THINK MANY DO. I KNOW WHEN MY -- WHEN MY TWO KIDS LIVED IN THE
CITY, THEY WERE IN A STABILIZED -- RENT-STABILIZED UNITS AND THE SPACES
WERE PRETTY TIGHT. SO, IF YOU'RE -- YOU'RE LIMITED IN TERMS OF SPACE,
MAYBE 19 CUBIC FEET MIGHT BE A -- A LARGE REFRIGERATOR. MIGHT BE SMALL
FOR A RESIDENTIAL HOME IN SUBURBIA, BUT, YOU KNOW, MAYBE 17, 19 FEET IS
PROBABLY A LARGE UNIT FOR A CITY APARTMENT. THAT -- IF -- IF THE -- IF THE
LANDLORD OR THE PROPERTY OWNER IS PROVIDING A REFRIGERATOR THAT'S IN
GOOD WORKING ORDER, WHY IS HE DENIED THE RIGHT TO DETERMINE WHAT IS
PERMITTED IN HIS OWN OR HER OWN PROPERTY? WHY -- WHY -- WHY ARE YOU
REMOVING THE OWNER'S RIGHT TO DETERMINE WHAT GOES INTO HIS OR HER
PROPERTY?
MS. ROSENTHAL: WELL, IF YOU LIVE THERE AND YOU
PAY RENT, YOU FURNISH IT YOURSELF --
MR. FITZPATRICK: RIGHT.
MS. ROSENTHAL: -- IF THE REFRIGERATOR IS SOME
CLUNKY MACHINE WHERE IT DOESN'T CLOSE PROPERLY AND THEY REFUSE TO
REPLACE IT, MAYBE YOU WANT TO BUY YOUR OWN REFRIGERATOR.
MR. FITZPATRICK: YOU CAN --
44
NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: YOU CAN ALSO -- LET ME FINISH --
YOU CAN ALSO BUY A FREEZER UNDER THIS. IF THE FREEZER'S NOT BIG ENOUGH
AND YOU DON'T WANT TO BUY A NEW REFRIGERATOR, YOU CAN BUY A FREEZER.
THIS JUST GIVES SOME FLEXIBILITY. THE LANDLORD CAN DENY IT, BUT THIS JUST
ACCOMMODATES PEOPLE. SOME PEOPLE HAVE VERY OLD REFRIGERATORS THAT
THEY ARE NOT GETTING REPLACED AND WE WANT TO MAKE SURE IT ADHERES TO
THE WARRANTY OF HABITABILITY. SOMETIMES THEY GET INTO A THING WHERE
THE LANDLORDS LIKE, WELL, THE REFRIGERATOR WORKS, BUT YOU KNOW THAT IT
DOES NOT WORK PROPERLY. AND IF YOU'RE PAYING THE ELECTRIC BILL, YOU
WANT SOMETHING THAT IS ENERGY EFFICIENT AS WELL.
MR. FITZPATRICK: WELL, DO WE NOT -- DO WE --
DOES -- DOES NOT THE TENANT HAVE THE ABILITY TO CALL THE SUPERINTENDENT
OR THE -- OR THE -- THE -- OR THE PROPERTY OWNER AND SAY, LOOK, YOU KNOW,
THE HANDLE IS BROKEN, IT'S NOT CLOSING --
MS. ROSENTHAL: YES.
MR. FITZPATRICK: -- IT WORKS FINE.
MS. ROSENTHAL: THAT DOESN'T MEAN THEY'RE GOING
TO FIX IT PROPERLY. THEY CAN SAY IT'S IN WORKING ORDER AND PUT TAPE
AROUND THE HANDLE. I MEAN, I'M SURE YOU'D WANT A BETTER REFRIGERATOR
THAN SOMETHING THAT'S GLUED AND PASTED TOGETHER AND THAT THE DOOR HAS A
GOOD SUCTION AND DOESN'T OPEN WITHOUT FORCE.
MR. FITZPATRICK: SURE. I --
MS. ROSENTHAL: THOSE ARE JUST SOME EXAMPLES
BASED ON REAL LIFE EXPERIENCE WHERE LANDLORDS HAVE SAID NO BECAUSE
THEY DON'T LIKE THE TENANT, THEY DON'T WANT TO HAVE THEM HAVE A BETTER
45
NYS ASSEMBLY MAY 13, 2025
REFRIGERATOR.
MR. FITZPATRICK: CAN YOU PROVIDE ME WITH -- DO
YOU HAVE A NUMBER? ANY STATISTICS TO SHOW HOW --
MS. ROSENTHAL: I DON'T -- I DON'T NEED STATISTICS --
MR. FITZPATRICK: -- HOW BIG THIS PROBLEM IS?
MS. ROSENTHAL: -- I HAVE REAL --
MR. FITZPATRICK: YOU -- YOU DON'T HAVE
STATISTICS?
MS. ROSENTHAL: NO, I DON'T. BUT I HAVE REAL LIFE
EXPERIENCE. I HAVE MANY CONSTITUENTS WHO HAVE TALKED ABOUT THIS FOR
YEARS. THIS BILL IS VERY NARROW. WE NARROW IT TO A NUMBER OF
APPLIANCES, WE HAVE THEM ASK THE LANDLORD FOR PERMISSION, WE REQUIRE
THAT THEY RESTORE IT, WE SAY THE LANDLORD HAS NO OBLIGATION TO CHANGE THE
-- CHANGE ANYTHING TO ACCOMMODATE THE PURCHASE. WE ALSO HAVE
SMALLER FIXTURES LIKE SHOWER HEADS AND FAUCETS ARE INCLUDED IN THIS.
AND, AS A MATTER OF FACT, WHEN I HAD TO CHANGE MY BATHROOM SINK
BECAUSE IT WAS VERY OLD, I DISCUSSED IT WITH MY LANDLORD AND I BOUGHT A
NEW ONE AND WE SPLIT THE COST. SO, THAT'S SOMEONE WHO'S
ACCOMMODATING. OFTEN, OR SOMETIMES, THERE'S NO ACCOMMODATION.
YOU KNOW, THIS IS REALLY A HARMLESS BILL. A LANDLORD MIGHT EVEN LUCK
OUT WHEN THE TENANT MOVES AND THEY GET A NEW REFRIGERATOR.
MR. FITZPATRICK: VERY WELL. THANK YOU, MS.
ROSENTHAL.
MS. ROSENTHAL: THANK YOU.
MR. FITZPATRICK: MADAM SPEAKER, ON THE BILL.
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NYS ASSEMBLY MAY 13, 2025
ACTING SPEAKER HUNTER: ON THE BILL. CAN WE
HAVE SOME QUIET, PLEASE? THANK YOU.
MR. FITZPATRICK: THE -- THE SPONSOR IS MAKING --
MAKING THIS SOUND LIKE IT'S NOT A BIG DEAL. AND IN THE GRAND SCHEME OF
THINGS, IT MAY NOT BE AS MAJOR A PROBLEM AS -- AS SOME MIGHT THINK.
HOWEVER, THE -- THE OWNER HAS AN OBLIGATION. OVER THE YEARS, WE HAVE
PASSED MANY PIECES OF LEGISLATION REQUIRING OWNERS TO FIX THEIR
PROPERTIES, TO UPGRADE THEIR PROPERTIES. WE'VE TAKEN AWAY THEIR ABILITY
TO LEVY SURCHARGES FOR THE ADDITIONAL COST OF PROVIDING THIS EQUIPMENT
ALL WHILE KEEPING THEIR RENTS AT BELOW MARKET RATES, BELOW THE RATE OF
INFLATION, WHILE THEIR WATER RATES INCREASE, THEIR SOLID WASTE DISPOSAL
RATES INCREASE, THEIR ELECTRICITY RATES INCREASE, OIL RATE -- OIL PRICES
INCREASE. IT COSTS MORE AND MORE TO OPERATE THESE BUILDINGS, MOST OF
WHICH PREDATE WORLD WAR II BEFORE 1947. SO, WE HAVE VERY OLD
HOUSING STOCK. THERE IS A LEGITIMATE CONCERN ABOUT THE ABILITY OF THE
INFRASTRUCTURE TO HANDLE THE ADDITIONAL ELECTRICITY BURDEN IF A LARGE
NUMBER OF TENANTS WANT TO UPGRADE THEIR UNITS. PLUMBING, BECAUSE
MAYBE I WANT AN AUTOMATIC ICE MAKER WHERE I DON'T HAVE ONE NOW AND
IT REQUIRES ADDITIONAL PLUMBING. WHO'S GONNA PERFORM THAT WORK?
WHO GUARANTEES THE WORK? WHO'S GONNA FIX IT IF IT BREAKS? MORE AND
MORE BURDENS WILL LAND UPON THE BUILDING OWNER AND IF THEY'RE NOT A
BURDEN NOW, THEY'LL BE LEGISLATION TO PUT THAT ADDITIONAL BURDOM --
BURDEN ON THEM LATER BECAUSE WE'LL HEAR ABOUT ALL OF THESE STORIES WITH
NO DATA PROVIDED TO BACK IT UP THAT THIS IS A CRISIS, OR A NEW CRISIS HAS
DEVELOPED. SO, IT BOILS DOWN TO THE ABILITY OF A PROPERTY OWNER TO HAVE
47
NYS ASSEMBLY MAY 13, 2025
CONTROL OVER THEIR OWN PROPERTY. YES, THE TENANT RENTS. THE TENANT
PAYS FOR THE PRIVILEGE TO LIVE THERE AND GETS IN RETURN A CLEAN PLACE TO
LIVE WITH WORKING APPLIANCES. BUT THIS, I THINK, IS A BACK-DOOR EFFORT TO
PUT ADDITIONAL BURDEN WITHOUT PAYING A SURCHARGE FOR THAT ADDITIONAL
PRIVILEGE, ALL THE WHILE EXPLAINING A WAY THAT IT IS A -- NOT A BIG DEAL.
WELL, WHEN LITTLE THINGS ADD UP AS THEY HAVE DONE, ESPECIALLY IN THE
CITY, IT HAS BECOME A BIG DEAL. IT'S SUCH A BIG DEAL THAT WE HAVE
PROPERTY OWNERS LITERALLY TAKING THEIR UNITS OFF THE MARKET AND WE HAVE
A SHORTAGE OF RENTAL HOUSING AT AFFORDABLE RATES BECAUSE OWNERS CAN'T
AFFORD TO RENT THEM ANYMORE. THEY CAN'T RECOVER THEIR COSTS AND MEET
THEIR EXPENSES BECAUSE THE RENT GUIDELINES BOARD WILL NOT ALLOW THEM
TO CHARGE REASONABLE RATES TO COVER THEIR COSTS. AND NOW, WE'RE GONNA
PUT ADDITIONAL BURDENS ON THEM WITH THIS PIECE OF LEGISLATION. I BELIEVE
IT'S WRONG. I WOULD ASK MY COLLEAGUES TO CONSIDER A NO VOTE AND LET'S
ALLOW PEOPLE TO OWN -- WHO OWN PROPERTY TO OPERATE THEIR PROPERTY.
THEY KNOW WHAT THEY HAVE TO DO IS PROVIDE A SAFE, CLEAN, REASONABLE
PLACE TO LIVE. LET THEM DO THAT WITHOUT PUTTING ADDITIONAL BURDENS ON
THEM. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. NOVAKAHOV.
MR. NOVAKHOV: THANK YOU, MADAM SPEAKER.
WOULD THE -- WOULD THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
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NYS ASSEMBLY MAY 13, 2025
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. NOVAKHOV: THANK YOU, MS. CHAIR -- MADAM
CHAIR. SO, DOES THE LANDLORD HAVE ANY RESPONSIBILITIES ON REMOVING
AND STORING THE OLD APPLIANCES? LET'S SAY I WANT TO USE THE NEW
APPLIANCES IN MY RENTAL APARTMENT, BUT THEN I WOULD LIKE TO REMOVE THE
APPLIANCES FROM THE APARTMENT. SO, DOES THE LANDLORD --
MS. ROSENTHAL: IT'S THE TENANT'S RESPONSIBILITY.
MR. NOVAKHOV: YEAH.
MS. ROSENTHAL: TENANT'S RESPONSIBILITY.
MR. NOVAKHOV: I'M SORRY, I CAN'T HEAR YOU.
MS. ROSENTHAL: IT'S THE TENANT'S RESPONSIBILITY.
MR. NOVAKHOV: IT'S THE TENANT'S RESPONSIBILITY TO
-- TO MOVE IT OUT? TO MOVE OUT THE OLD APPLIANCES AND THEN TO --
MS. ROSENTHAL: YES.
MR. NOVAKHOV: -- TO STORE THE APPLIANCES IF HE
WANTS TO, YOU KNOW, GET THE APPLIANCES BACK IN THE APARTMENT WHILE
HE'S --
MS. ROSENTHAL: YES.
MR. NOVAKHOV: AND HOW'S IT GOING TO WORK WITH
THE RENTER'S INSURANCE OR LANDLORD INSURANCE? SHOULD THE NEW
APPLIANCES BE INCLUDED OR NOTED IN -- IN THE POLICY?
MS. ROSENTHAL: I DON'T -- I DON'T THINK INSURANCE
HAS ANYTHING TO DO WITH IT.
MR. NOVAKHOV: OKAY. SO, IF -- IF THE APPLIANCES
ARE A PART OF THE, KIND OF INCLUDED IN THE APARTMENT, SO USUALLY WE RENT
49
NYS ASSEMBLY MAY 13, 2025
THE APARTMENTS WITH THE -- WITH APPLIANCES, RIGHT? SO, IT IS THE PART OF
THE APARTMENT, AND WHEN WE PURCHASING A RENTER'S INSURANCE, WE'RE
INSURING OUR BELONGINGS AND THE -- AND THE APARTMENT, RIGHT?
MS. ROSENTHAL: I DON'T THINK THAT THE MAKE AND
MODEL NUMBER OF A REFRIGERATOR IS INCLUDED IN THE INSURANCE POLICY.
MR. NOVAKHOV: BUT -- BUT THIS IS A PART OF THE --
THIS -- THIS IS A PART OF THE ACTUAL APARTMENT, SO IT BECOMES KIND OF A --
KIND OF A PART OF THE APARTMENT, SO... BUT -- BUT IF THIS IS MY APPLIANCES,
NOT THE LANDLORD'S APPLIANCES, AND LET'S SAY SOMETHING HAPPENS WITH THE
APARTMENT, LET'S SAY IT GOES ON, YOU KNOW, ON FIRE OR SOMETHING --
MS. ROSENTHAL: THIS IS NOT AN INSURANCE BILL.
SO, I DON'T -- I DON'T THINK THIS HAS ANYTHING TO DO WITH IT.
MR. NOVAKHOV: NO, I UNDERSTAND. BUT IT
CHANGES THE OWNERSHIP OF THE APPLIANCES IN THE APARTMENT FROM
LANDLORDS TO THE TENANT. AND THIS IS WHY I'M CURIOUS LIKE HOW IT'S
GONNA WORK WITH THE INSURANCE POLICY.
MS. ROSENTHAL: BY THE SAME TOKEN, THEN YOU
SHOULDN'T INSURE THE APPLIANCES THAT DON'T BELONG TO YOU, LET THE
LANDLORD INSURE THE REFRIGERATOR. I THINK -- I THINK, YOU KNOW, RENTERS
BUY THEIR OWN POLICY AND COVER THEIR OWN BELONGINGS. SO, LIKE, THE
DIAMOND NECKLACE IS COVERED, BUT THE REFRIGERATOR IS NOT THEIR PERSONAL
ONE UNLESS THEY BUY IT.
MR. NOVAKHOV: NO, I MEAN LIKE IF LET -- LET'S SAY
THERE'S A FIRE IN THE BUILDING AND -- AND THE LANDLORD GETS -- IS
COMPENSATED FROM -- FROM HIS INSURANCE, BUT THE APPLIANCES BELONG TO
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NYS ASSEMBLY MAY 13, 2025
THE TENANT.
MS. ROSENTHAL: UH- HUH.
MR. NOVAKHOV: IS HE GOING TO BE COMPENSATED?
MS. ROSENTHAL: YOU KNOW, THIS IS A --
MR. NOVAKHOV: IS IT -- IS IT REPORTED SOMEWHERE
THAT --
MS. ROSENTHAL: WELL, HE DOESN'T NEED TO BE
COMPENSATED IF NOTHING HAPPENED TO THE REFRIGERATOR THAT HE OWNS.
MR. NOVAKHOV: WELL, IF THERE IS A FIRE,
EVERYTHING WILL HAPPEN TO THE REFRIGERATOR.
MS. ROSENTHAL: BUT IF -- IF THERE'S A FIRE RIGHT
NOW WITH THE LANDLORD-SUPPLIED REFRIGERATOR, IT DEPENDS ON HIS POLICY
OR HER POLICY AND THE RENTER'S POLICY. BUT, WHEN YOU GET RENTAL
INSURANCE, YOU'RE NOT INSURING THE APPLIANCES. UNLESS YOU OWN THEM,
YOU'RE INSURING YOUR OWN BELONGINGS. SO, IF THERE'S A FIRE, SOMETHING
HAPPENS TO THE REFRIGERATOR SUPPLIED BY THE LANDLORD, THEN HE OR SHE
WOULD HAVE TO REPLACE IT. IF IT'S THE TENANT'S REFRIGERATOR, THEN IT HAS
NOTHING TO DO WITH THE LANDLORD.
MR. NOVAKHOV: THIS WAY YES, BUT -- BUT-- BUT
THE DIFFERENT WAY, IF -- IF THE LANDLORD IS GETTING PAID BY THE INSURANCE
COMPANY FOR THE DAMAGES, HOW THE TENANT CAN PROVE THAT HE NEEDS TO
BE COMPENSATED FOR HIS APPLIANCES?
MS. ROSENTHAL: IT'S NOT THE -- IT'S NOT THE TENANT'S
OBLIGATION TO NEGOTIATE A LANDLORD'S INSURANCE POLICY PAYMENT. I -- I
THINK YOU'RE -- YOU'RE -- YOU'RE CONJURING THINGS UP. THE TENANT IS
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NYS ASSEMBLY MAY 13, 2025
RESPONSIBLE FOR RESTORING THE UNIT, SO THE LANDLORD WOULD RECEIVE ANY
INSURANCE BENEFIT. BUT, YOU KNOW, I -- I --I THINK THIS IS A FARFETCHED
EXAMPLE.
MR. NOVAKHOV: OKAY. ALL RIGHT, THANK YOU.
MS. ROSENTHAL: THANK YOU.
MR. NOVAKHOV: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. WOULD THE SPONSOR YIELD FOR A FEW QUICK QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. BOLOGNA: IN READING THROUGH THE TEXT, I'M
NOTICING THAT THERE'S NO CARVE-OUTS FOR VARIOUS TYPES OF --
MS. ROSENTHAL: I CAN'T HEAR YOU.
MR. BOLOGNA: IN READING THROUGH THE TEXT, I'M
NOTICING THAT THERE'S NOT ANY TYPES OF CARVE-OUTS FOR CERTAIN TYPES OF
OWNERS. SO, IN MY NECK OF THE WOOD [SIC] IN WESTERN NEW YORK, I'M
NOT SURE IF YOU GUYS GET THIS DOWNSTATE, BUT THERE ARE A LOT OF DUPLEXES
THAT ARE OFTENTIMES OWNER-OCCUPIED. SO, YOU KNOW, FOR EXAMPLE, I
ACTUALLY STILL OWN A HOUSE BUT I USED TO LIVE IN THE UPPER UNIT OF THE
APARTMENT THAT I RENT OUT. SO, I GUESS MY QUESTION IS, IS THERE ANY TYPE
OF EXEMPTIONS FOR OWNER-OCCUPIED LANDLORDS?
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: NO. IF -- IF -- IF YOU'RE RENTING
OUT AN APARTMENT, THEN IT'S THEIR APARTMENT. YOU KNOW, THIS DOESN'T
HAVE TO BE A HOSTILE I WANT A REFRIGERATOR YES OR NO. IT'S A DISCUSSION,
IT'S AN AGREEMENT, IT'S A COURTESY. THAT'S PURELY WHAT THIS IS.
MR. BOLOGNA: YEAH, AND ABSOLUTELY. AND I
DEFINITELY APPRECIATE -- I -- I APPRECIATE WHERE, I THINK, WHERE YOU'RE
TRYING TO COME FROM HERE. I ALSO WAS TRYING TO GIVE -- OFFER SOME
COUNTERPOINTS FROM -- FROM SOMEONE WHO WOULD CONSIDER THEMSELF A
RESPONSIBLE LANDLORD AND WHO TRIES TO MEET THE NEEDS OF MY TENANTS
BEST AS POSSIBLE. I -- THERE'S A COUPLE THINGS IN HERE JUST -- THAT JUST ARE
RAISING MY EYEBROWS A LITTLE BIT. SO, I DO WANT TO JUST CONFIRM
SOMETHING. SO, IN THE -- IN THE TITLE HERE, IT SAYS PROHIBITS LANDLORDS
FROM RESTRICTING THE INSTALLATION. BUT, THEN IT SAYS THAT THERE HAS TO BE
SOME TYPE OF WRITTEN AGREEMENT BETWEEN THE TENANT AND THE LANDLORD.
SO, I GUESS MY QUESTION IS: WHAT -- WHAT DOES IT ENTAIL? WHAT IS THAT --
WHAT IS THE WRITTEN AGREEMENT AND WHAT IS -- WHAT ARE GROUNDS FOR A
DENIAL? IS IT JUST THE BUILDING CODES, OR CAN IT BE SOME LANDLORD
DISCRETION?
MS. ROSENTHAL: SO LONG AS THE APPLIANCES OR
FIXTURES ARE IN COMPLIANCE WITH APPLICABLE BUILDING CODES OR OTHER
PROVISIONS OF LAW, AND FURTHER, PROVIDED THE RESIDENTIAL TENANT HAS
SOUGHT IN WRITING AND OBTAINED WRITTEN CONSENT FROM THE LANDLORD FOR
SUCH INSTALLATION. SO, THOSE ARE THE PARAMETERS.
MR. BOLOGNA: SO, THEY -- SO LONG AS THEY SOUGHT
WRITTEN CONSENT FROM -- FROM THE LANDLORD. SO, AS A LANDLORD CAN I JUST
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NYS ASSEMBLY MAY 13, 2025
SAY, UNFORTUNATELY, THIS REQUEST IS DENIED?
MS. ROSENTHAL: NO. IF -- IF THEY -- THEY CAN DO
THAT, BUT THAT WOULD BE AGAINST THE LAW.
MR. BOLOGNA: OKAY. SO, THEN I'M GONNA GIVE
YOU -- SO, KNOWING THAT NOW, I'M GONNA GIVE YOU A COUPLE EXAMPLES.
SO, LET'S SAY, YOU KNOW, THERE'S A GAS STOVE -- GAS-POWERED STOVE, RIGHT?
AND THE -- AND THE TENANT NOW WANTS AN ELECTRIC STOVE --
MS. ROSENTHAL: RIGHT.
MR. BOLOGNA: -- BUT THERE'S NO 220 LINE FOR AN
ELECT -- FOR AN ELECTRIC STOVE. AND THE TENANT TAKES IT UPON THEMSELF TO
INSTALL A 220 --
MS. ROSENTHAL: WELL -- WELL, THAT -- THE TENANT IS
NOT ALLOWED TO DO.
MR. BOLOGNA: OKAY. OKAY, THEN I'LL GIVE -- OKAY,
LET'S TRY ANOTHER EXAMPLE. YOU MENTIONED A SINK. WOULD A DISPOSAL BE
PART OF A SINK FIXTURE? A GARBAGE DISPOSAL?
MS. ROSENTHAL: I DON'T KNOW.
MR. BOLOGNA: WELL, IT'S YOUR BILL. THESE ARE
PRETTY IMPORTANT THINGS TO ASK.
MS. ROSENTHAL: OKAY, OKAY. THAT -- THAT'S REALLY
ALSO A LITTLE MINUTIA. HOWEVER --
MR. BOLOGNA: NO, IT'S NOT. AS A LANDLORD, I CAN
TELL YOU THAT'S NOT MINUTIA.
MS. ROSENTHAL: OKAY, AS A LANDLORD. AS A
TENANT, I'M TELLING YOU THEY HAVE TO ASK FOR PERMISSION. IF THE LANDLORD
54
NYS ASSEMBLY MAY 13, 2025
SAYS, YOU KNOW, WHAT'S IT CALLED? (CONFERENCING) THAT PIECE DOES NOT
CONFORM TO BUILDING CODE ABC, NO, YOU CAN'T DO THAT.
MR. BOLOGNA: OKAY. BUT, I GUESS -- THERE --
THERE'S A DIFFERENCE BETWEEN, LIKE, WHAT IS IN ACTUAL BUILDING CODE
VERSUS, LIKE, WHAT MAKES SENSE FOR A HOUSE. IN OTHER WORDS, A -- A
SMALL APARTMENT AND A SMALL SINK HAS A -- IF SOMEONE WANTS TO PUT IN A
GARBAGE DISPOSAL. THERE'S LIKE, AN 8TH HORSEPOWER, 4TH HORSEPOWER,
HALF HORSEPOWER, FULL HORSEPOWER. IF -- IF A -- IF A TENANT DOESN'T KNOW
WHAT THE HECK THEY'RE DOING AND THEY WANT TO INSTALL ONE OF THOSE
THINGS, WELL, THAT'S A MASSIVE -- IT'S GONNA SHAKE THE WHOLE HOUSE IF
THEY'RE PUTTING IN A FULL HORSEPOWER ONE.
MS. ROSENTHAL: THE LANDLORD CAN SAY, YOU KNOW
WHAT, THE ELECTRICITY - THE WAY IT'S WIRED - WILL NOT BE ABLE TO SUSTAIN
USING THAT KIND OF SINK.
MR. BOLOGNA: OKAY. BUT AGAIN, THEN YOU'RE SAY
-- BUT THAT'S NOT GROUNDS FOR A DENIAL.
MS. ROSENTHAL: YEAH, IT IS.
MR. BOLOGNA: BUT YOU -- BUT YOU JUST SAID THAT IT
WAS -- IT HAD TO BE -- IF IT WAS OUTSIDE OF THE CODE, THAT -- THAT WOULD BE
THE ONLY WAY YOU COULD DENY THEM. YOU CAN'T DENY THEM BECAUSE
SOMETHING DOESN'T MAKE SENSE.
MS. ROSENTHAL: NO, ELECTRICAL CODE.
MR. BOLOGNA: WHAT I'M TRYING TO TELL YOU IS THAT
-- THAT --
MS. ROSENTHAL: CODE IS ELECTRICAL AS WELL.
55
NYS ASSEMBLY MAY 13, 2025
MR. BOLOGNA: -- THE TYPE OF DISPOSAL THAT YOU
USE IS NOT -- IS NOT REGULATED BY CODE. THAT'S SOMETHING THAT -- THAT'S A
PREFERENCE.
MS. ROSENTHAL: ELECTRICITY HAS --
MR. BOLOGNA: NO. THE HORSEPOWER IN WHICH THE
GARBAGE DISPOSAL IS USED. THAT -- THAT IS NOT REGULATED BY CODE.
MS. ROSENTHAL: ELECTRIC WIRING IS REGULATED.
YOU WANT TO -- YOU WANT TO INTERPRET THIS VERY NARROWLY, I'M
INTERPRETING IT BROADLY. SO, IF YOU HAVE -- MY APARTMENT USED TO HAVE
FUSES.
MR. BOLOGNA: MM-HMM.
MS. ROSENTHAL: SO, IF I SAID, I WANT A BRAND-NEW
REFRIGERATOR OR INSTALL SOME HIGH-POWERED LAMP, THE LANDLORD COULD
SAY, NO BECAUSE THE ELECTRICITY CANNOT BEAR THAT LOAD. AND, NOTHING
REQUIRES THE LANDLORD TO ALTER ANYTHING.
MR. BOLOGNA: I -- I'M GONNA DISAGREE WITH THAT,
AND I WILL GIVE YOU ANOTHER EXAMPLE THAT YOU USED EARLIER. LET'S SAY
YOU WANT TO HAVE A REFRIGERATOR, BUT YOU NOW WANT TO ATTACH -- LET'S SAY
THE REFRIGERATOR THAT YOU'RE USING DOES NOT HAVE ONE OF THE LITTLE, LIKE,
ICE MAKER WATER MACHINE THINGS. SO, NOW YOU HAVE TO RUN A LINE FROM
THE SINK -- SORRY, FROM THE FRIDGE TO THE SINK. THERE IS NO CODE AGAINST
ANY OF THAT. SO, IS THAT NOW ON THE RESPONSIBILITY OF THE TENANT, THE
LANDLORD? WHAT ARE YOU DOING THERE?
(CONFERENCING)
SO, IF THERE'S A (INDISCERNIBLE) IN IT, TOO, THAT IS --
56
NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: SO, OKAY. I KNOW -- I KNOW YOU,
YOU KNOW, TENANTS DON'T DESERVE AN ICE MAKER, WHATEVER. HOWEVER --
MR. BOLOGNA: I NEVER SAID THAT. I ASKED YOU
ABOUT THE INSTALLATION.
MS. ROSENTHAL: IF YOU WANT ME TO ANSWER IT, I
WILL ANSWER IT. THE TENANT WOULD HAVE TO ALTER SOMETHING IN THE
KITCHEN IN ORDER TO PROVIDE THAT. THE LANDLORD CAN SAY NO.
MR. BOLOGNA: AGAIN, I'M -- I'M JUST TRYING TO
HONE IN ON WHAT ALLOWS THE LANDLORD TO SAY NO BECAUSE I THINK THERE'S
SOME CONFUSION HERE. YOU KEEP TELLING ME THAT IT'S -- IF IT'S OUTSIDE OF
THE CODE, IF THE CODE -- THE BUILDING CODE IS NOT ALLOWED FOR SOMETHING,
THAT'S THE ONLY WAY THEY CAN DENY IT, CORRECT?
MS. ROSENTHAL: BUILDING CODE COMPLIANCE WITH
ELECTRICITY MANDATES THINGS LIKE THAT.
MR. BOLOGNA: OKAY. WHAT I'M TRYING TO TELL YOU
IS, THAT -- THAT IF YOU WANT TO RUN A HOSE FROM A FRIDGE TO A SINK, THERE'S
NO CODE THAT -- THAT PROHIBITS THAT. THAT'S NOT ILLEGAL.
MS. ROSENTHAL: THE -- THE -- THE TENANT'S NOT
ALLOWED TO MAKE CERTAIN CHANGES TO THE APARTMENT. THAT'S SEPARATE
LAW. YOU CANNOT -- I MEAN, THERE'S VERY STRICT LAW, AND THEN THERE'S
OTHER LAW THAT PEOPLE GENERALLY IGNORE. LIKE, IF YOU PAINT YOUR WALLS
PINK, THE LANDLORD MAY NOT LIKE THAT, BUT WHEN YOU LEAVE, YOU HAVE TO
RESTORE IT TO THE WHITE. I MEAN, THERE ARE MANY, MANY RULES AND LAWS
AROUND HOUSING. YOU'RE CONCOCTING SITUATIONS THAT DON'T HAVE TO EXIST.
THIS IS MEANT TO BE A FRIENDLY, HEY, I WANT A NEW REFRIGERATOR.
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NYS ASSEMBLY MAY 13, 2025
PERHAPS YOU CAN'T AFFORD TO GIVE ME ONE, I WILL BUY IT, I WILL PAY FOR ITS
INSTALLATION, I WILL PAY FOR THE ELECTRICITY. HOPEFULLY, THE ELECTRICITY
COSTS LESS BECAUSE YOU'RE GETTING AN ENERGY-EFFICIENT, ALTHOUGH THE
FEDERAL GOVERNMENT'S TRYING TO ELIMINATE ENERGY-EFFICIENT APPLIANCES
AND THE LANDLORD HAS NOTHING TO WORRY ABOUT.
MR. BOLOGNA: RESPECTFULLY, IN THESE SITUATIONS
THAT DON'T EXIST, I'VE ACTUALLY ENCOUNTERED SOME OF THE ONES THAT I'M --
MS. ROSENTHAL: WELL, HAVE YOU SAID NO TO YOUR
TENANT?
MR. BOLOGNA: AS SOMEONE CONSIDERS THEMSELF A
GOOD LANDLORD, I HELP THEM ACTUALLY INSTALL IT.
MS. ROSENTHAL: OKAY, THAT'S GREAT. I WISH THEY
ALL WERE LIKE THAT.
MR. BOLOGNA: BUT I'M JUST SAYING SOME LANDLORDS
MIGHT NOT HAVE THAT SITUATION. SOME MIGHT --
MS. ROSENTHAL: YOU KNOW, IT'S NOT GONNA BE THAT
SITUATION. I WISH ALL LANDLORDS WERE --
ACTING SPEAKER HUNTER: OKAY. JUST WANT TO
REMIND YOU, WE NEED TO BE ASKING A QUESTION, THEN WAITING FOR A
RESPONSE, PLEASE. THANK YOU.
MR. BOLOGNA: MADAM SPEAKER, THANK YOU.
THANK YOU VERY MUCH, MS. ROSENTHAL, FOR ANSWERING SOME OF MY
QUESTIONS.
MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
58
NYS ASSEMBLY MAY 13, 2025
MR. BOLOGNA: I AM THRILLED THAT WE ARE SO
FLIPPANT ABOUT THIS. BUT AS SOMEONE WHO CONSIDERS THEMSELVES, YOU
KNOW, A VERY RESPONSIBLE LANDLORD, THIS IS PUTTING -- AND AGAIN, THIS IS
SOMETHING THAT I -- I HAVE A NUMBER OF FRIENDS THAT ARE A PART OF THE
CITY OF BUFFALO REVITALIZATION [SIC]. I THINK IT'S -- IT'S GREAT WHEN WE'RE
ABLE TO GO IN NEIGHBORHOODS AND -- AND TURN HOUSES AND I THINK THAT IT'S
GREAT TO ENCOURAGE THAT KIND OF DEVELOPMENT FROM, YOU KNOW, PEOPLE
WHO WOULD BE SMALL LANDLORDS. I THINK THIS IS A -- A REALLY UNNECESSARY
BURDEN TO BE PLACING ON THEM. AGAIN, I -- I LOOK AT IT, THESE ARE -- THESE
ARE PEOPLES' PROPERTY. I UNDERSTAND THE ARGUMENT WHERE YOU'RE SAYING
THAT TENANTS, YOU KNOW, PAY FOR THE RIGHT TO LIVE THERE. BUT AGAIN, THIS
IS SOMEONE'S PROPERTY, AND AGAIN, THE FACT THAT THERE ARE NO TYPE OF
CARVE-OUTS FOR OWNER-OCCUPIED, YOU KNOW, LANDLORD SITUATIONS IS A
LITTLE CONCERNING TO ME. SO, WITH THAT, THANK YOU VERY MUCH, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YEP.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. DURSO: THANK YOU, MS. ROSENTHAL. SO, I JUST
-- I JUST WANTED TO GET A LITTLE BIT OF CLARITY. AGAIN, SITUATIONAL -- I'M A
59
NYS ASSEMBLY MAY 13, 2025
TENANT, I WANT TO CHANGE MY REFRIGERATOR. I HAVE TO ASK PERMISSION
FROM THE LANDLORD, CORRECT, IF I CAN DO THAT?
MS. ROSENTHAL: CORRECT.
MR. DURSO: THEY CAN ALSO DENY ME TO --
MS. ROSENTHAL: YES.
MR. DURSO: -- BE ABLE TO DO THAT?
MS. ROSENTHAL: YES.
MR. DURSO: ON WHAT GROUNDS AGAIN, SPECIFICALLY?
MS. ROSENTHAL: WE WENT OVER THIS --
MR. DURSO: I KNOW.
MS. ROSENTHAL: -- AND IT SAYS IN THE BILL.
MR. DURSO: I'M SORRY. I GOT A LITTLE CONFUSED.
MS. ROSENTHAL: IT SAYS - I'M SORRY?
MR. DURSO: I GOT A LITTLE CONFUSED WITH THE BACK
AND FORTH.
MS. ROSENTHAL: IT WAS CONFUSING. THE
APPLIANCES OR FIXTURES HAVE TO BE IN COMPLIANCE WITH APPLICABLE
BUILDING CODES OR OTHER PROVISIONS OF LAW.
MR. DURSO: OKAY. SO, THEY JUST HAVE TO FOLLOW THE
BUILDING CODE, CORRECT, ESSENTIALLY?
MS. ROSENTHAL: THAT'S -- YES, AND OTHER
PROVISIONS OF LAW.
MR. DURSO: CAN YOU GIVE AN EXAMPLE OF ANOTHER
PROVISION OF LAW THEY WOULD HAVE TO FOLLOW?
MS. ROSENTHAL: I -- I GAVE A -- AN EXAMPLE
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NYS ASSEMBLY MAY 13, 2025
EARLIER WHICH I CAN REPEAT. IF A BUILDING USED FUSES AND IT -- IT WAS NOT
-- IT WAS -- ACTUALLY, IT'S PROBABLY NOT UP TO CODE, BUT HAS AN OLD -- OLD
ELECTRICITY WIRING IN THE BUILDING --
MR. DURSO: RIGHT.
MS. ROSENTHAL: -- AND IF YOU PUT SOMETHING NEW
IN, IT MIGHT BLOW THE BUILDING ELECTRIC SYSTEM. THEY CAN SAY NO.
MR. DURSO: SO -- SO, IN OTHER WORDS, SO, AS MY
COLLEAGUE WAS SAYING, IF IT'S A REFRIGERATOR OR A STOVE THAT REQUIRES A 220
LINE --
MS. ROSENTHAL: YEAH, YEAH, YEAH.
MR. DURSO: -- AND IT WAS -- IT WASN'T --
MS. ROSENTHAL: YES.
MR. DURSO: -- THEY DON'T HAVE TO CHANGE THE
ELECTRIC --
MS. ROSENTHAL: NO, NO, NO. NOT AT ALL.
MR. DURSO: YOU CAN DENY IT FOR THOSE REASONS?
MS. ROSENTHAL: YES, OF COURSE.
MR. DURSO: BUT YOU CAN'T DENY IT FOR ANY OTHER
REASONS? SO --
MS. ROSENTHAL: WELL --
MR. DURSO: I JUST DON'T LIKE THAT BRAND OF
REFRIGERATOR, I WANNA TO CHANGE IT, I'M GOING TO BUY IT MYSELF. IT'S NOT
REALLY -- IT'S JUST LETTING YOU KNOW THAT I'M GONNA BE CHANGING THE
REFRIGERATOR.
MS. ROSENTHAL: WELL, WHY WOULD SOMEONE HAVE
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NYS ASSEMBLY MAY 13, 2025
--
MR. DURSO: IT'S -- IT'S JUST A QUESTION IF I --
MS. ROSENTHAL: YOU KNOW WHAT? YOU KNOW,
LET'S SAY I WANNA TO BUY A FRIGIDAIRE AND THE LANDLORDS LIKE, I LIKE --
WHAT'S ANOTHER BRAND? I WANT A GE.
MR. DURSO: OKAY.
MS. ROSENTHAL: THEY CAN HAVE A DISCUSSION.
MR. DURSO: I'M SORRY?
MS. ROSENTHAL: THEY CAN HAVE A DISCUSSION. IT'S
NOT GONNA BE LIKE, I'M GETTING A FRIGIDAIRE --
MR. DURSO: NO, BUT YOU CAN'T DENY THEM, CORRECT?
IF THEY'RE --
MS. ROSENTHAL: NO, NO. BUT, YOU KNOW, IT --
YOU'RE MAKING IT SEEM LIKE A HOSTILE THING.
MR. DURSO: NO, I'M -- I'M NOT. I'M JUST MERELY --
I'M NOT SAYING IT IN A HOSTILE WAY. LET'S JUST SAY IT'S A COUPLE YEARS OLD,
RIGHT, IT'S A -- A -- A TOP AND BOTTOM REFRIGERATOR FREEZER. I'M THE TENANT,
I WANT THE SIDE-BY-SIDE WITH THE FREEZER ON THE BOTTOM.
MS. ROSENTHAL: RIGHT.
MR. DURSO: IT FITS, RIGHT, BECAUSE YOU -- YOU'RE NOT
ALLOWED TO CHANGE THE STRUCTURE AROUND IT, CORRECT?
MS. ROSENTHAL: RIGHT.
MR. DURSO: I CAN'T BUY A REFRIGERATOR THAT'S BIGGER
THAN THE SPACE IT FITS IN.
MS. ROSENTHAL: NO, NO.
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NYS ASSEMBLY MAY 13, 2025
MR. DURSO: YOU CAN'T DENY ME ON THOSE GROUNDS,
CORRECT? I JUST WANT A DIFFERENT REFRIGERATOR THAN WHAT'S -- YOU'RE THE
LANDLORD, I'M THE TENANT. I WANT A DIFFERENT FRIDGE, YOU CAN'T TELL ME NO.
MS. ROSENTHAL: I AS THE LANDLORD, OR I AS THE
TENANT?
MR. DURSO: NO, NO. IT'S VERY SIMPLE. SO, I AM THE
TENANT.
MS. ROSENTHAL: YES.
MR. DURSO: YOUR BILL IS STATING THAT IF I'M THE
TENANT --
MS. ROSENTHAL: YES.
MR. DURSO: -- I WANT A DIFFERENT REFRIGERATOR --
MS. ROSENTHAL: YES.
MR. DURSO: -- I'M ASKING YOU AS, THE LANDLORD, FOR
PERMISSION.
MS. ROSENTHAL: YES.
MR. DURSO: -- AS LONG AS IT FITS, DOESN'T CHANGE THE
CODE OR ANYTHING, YOU CAN'T TELL ME NO.
MS. ROSENTHAL: AND -- AND CONFORMS TO OTHER
PROVISIONS.
MR. DURSO: OKAY. SO, ONCE AGAIN, I WANT A
DIFFERENT STYLE OF REFRIGERATOR,
MS. ROSENTHAL: MM-HMM.
MR. DURSO: WHAT HAPPENS TO THE REFRIGERATOR THAT
I, AS THE LANDLORD, OWN, THAT YOU, AS THE TENANT, WANT TO TAKE OUT. THAT
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NYS ASSEMBLY MAY 13, 2025
REFRIGERATOR HAS TO GO BACK INTO PLACE IF YOU EVER LEAVE, CORRECT?
MS. ROSENTHAL: OR, YOU CAN LEAVE THE
REFRIGERATOR THAT YOU BOUGHT.
MR. DURSO: OKAY. IN THE MEANTIME, LET'S SAY --
MS. ROSENTHAL: THE SENATE [SIC] HAS -- THE -- THE
-- THE TENANT HAS TO TAKE CARE OF IT.
MR. DURSO: THE TENANT HAS TO TAKE CARE OF IT. SO,
THEY HAVE THE RESPONSIBILITY, NO MATTER WHAT, OF MAKING SURE THAT
THERE'S A REFRIGERATOR, EITHER THE ORIGINAL OR THE ONE THEY PURCHASED?
MS. ROSENTHAL: YES.
MR. DURSO: WHO IS RESPONSIBLE FOR HOLDING THAT
OTHER REFRIGERATOR, WHICH IS NOW MY REFRIGERATOR, BECAUSE I'M THE
LANDLORD, I BOUGHT IT. YOU DON'T LIKE IT BECAUSE YOU DON'T LIKE THE COLOR
YELLOW OR --
MS. ROSENTHAL: THAT'S A LIE. THAT'S NOT WHY.
MR. DURSO: WELL, WHATEVER THE REASON IS. YOU
COULD SAY IT'S NOT WHY. BUT ALSO AS A TENANT, I'M ALLOWED TO SAY, I DON'T
LIKE THE COLOR YELLOW, I WANT TO CHANGE THE REFRIGERATOR.
MS. ROSENTHAL: OKAY, BUT THAT DOESN'T REALLY
HAPPEN. IT'S MORE A -- A QUESTION OF FUNCTION OF THE REFRIGERATOR.
MR. DURSO: I UNDERSTAND THAT. BUT, THE BILL DOESN'T
SAY IT HAS ANYTHING TO DO WITH FUNCTION. IT JUST SAYS, IF I WANT TO CHANGE
THE REFRIGERATOR, I CAN. SO, THEREFORE, IF MY -- IF I -- YOU'RE THE LANDLORD,
I'M THE TENANT, YOU HAVE A YELLOW REFRIGERATOR, I DON'T LIKE IT. I SAY I
WANT TO PUT IN THIS BRAND-NEW SILVER OR WHITE OR WHATEVER REFRIGERATOR,
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NYS ASSEMBLY MAY 13, 2025
I'M ALLOWED TO DO THAT, CORRECT?
MS. ROSENTHAL: I MEAN, THIS IS VERY FARFETCHED.
MR. DURSO: WELL, IT MIGHT BE FARFETCHED, BUT THE
FACT OF THE MATTER IT IS DOESN'T SAY IT IN THE BILL. SO, IT'S POSSIBLE --
MS. ROSENTHAL: SO, SHOULD I PUT THAT LIKE IT
CANNOT BE OBJECTION TO COLOR?
MR. DURSO: NO. IT CAN BE JUST IF IT WORKS OR NOT.
BECAUSE AGAIN, WHAT YOUR BILL DOES IS LEAVE IT VERY BROADLY OPEN, IN MY
OPINION. IF I'M THE TENANT, I'M ALLOWED TO CHANGE THE REFRIGERATOR. MY
QUESTION, AND YOU CAN'T DENY IT AS LONG AS IT FOLLOW CODES AND FITS. SO,
MY QUESTION IS, THAT IS MY REFRIGERATOR, AS THE LANDLORD. I OWN IT. YOU
DON'T WANT IT. YOU'RE SAYING YOU HAVE TO LET ME CHANGE IT. WHO'S
HOLDING ONTO MY REFRIGERATOR FOR THE NEXT THREE OR FOUR YEARS?
MS. ROSENTHAL: THE TENANT HAS TO TAKE CARE OF
THAT. THAT'S THEIR RESPONSIBILITY.
MR. DURSO: SO, I'M GONNA TRUST YOU, AS THE TENANT,
WITH MY REFRIGERATOR?
MS. ROSENTHAL: YES. YOU'RE GONNA TRUST ME, AS
THE TENANT. REALLY WHAT SHOULD HAPPENED IS YOU HAVE A CONVERSATION,
THE TENANT IS RESPONSIBLE FOR RESTORING IT, THE LANDLORD COULD CHOOSE TO
HOLD ONTO IT OR NOT. THE TENANT CAN SAY, YOU KNOW WHAT, WHEN I MOVE
OUT, YOU'RE GOING TO GET THIS BRAND-NEW REFRIGERATOR. AND THE LANDLORD
COULD SAY, OKAY, THAT -- THAT'S A FAIR DEAL.
MR. DURSO: OKAY. SO, IN OTHER WORDS, REGARDLESS
WHEN YOU MOVE OUT; SIX MONTHS, SIX YEARS, WHATEVER, YOU'RE
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NYS ASSEMBLY MAY 13, 2025
RESPONSIBLE TO MAKE SURE THAT EITHER MY ORIGINAL REFRIGERATOR ENDS BACK
UP IN THAT SPOT, OR THE BRAND-NEW REFRIGERATOR YOU BOUGHT STAYS THERE?
MS. ROSENTHAL: YES. AND FRANKLY, I DON'T KNOW
WHY A LANDLORD WOULD CHOOSE LIKE AN OLD --
MR. DURSO: WHAT IF IT'S NOT OLD?
MS. ROSENTHAL: LET ME FINISH.
MR. DURSO: YES, MA'AM.
MS. ROSENTHAL: IF I WERE A LANDLORD, I WOULD
CHOOSE THE BRAND-NEW REFRIGERATOR OVER SOMETHING THAT IS AN OLDER
MODEL.
MR. DURSO: UNDERSTOOD. BUT, LET'S JUST SAY I'M THE
LANDLORD AND I BOUGHT A BRAND-NEW PINK REFRIGERATOR.
MS. ROSENTHAL: YOU KNOW WHAT, IF YOU BOUGHT A
BRAND-NEW PINK REFRIGERATOR, I REALLY DON'T THINK THE TENANT WILL OBJECT.
IT'S REALLY MORE OF --
MR. DURSO: BUT THEY CAN.
MS. ROSENTHAL: OKAY. BUT, THEY'RE NOT GOING TO.
MR. DURSO: WELL, THAT'S -- THAT'S -- I MEAN, I WISH
FOR A LOT THINGS.
MS. ROSENTHAL: YOU'RE CREATING SITUATIONS THAT
REALLY THEY DON'T GET TO THE HEART OF THE BILL. THE HEART OF THE BILL IS,
YOU WANT -- YOU PAY FOR YOUR OWN ELECTRICITY. SO, IF YOU HAVE A
CLUNKER THAT IS NOT ENERGY-EFFICIENT, YOU, THE TENANT, ARE PAYING A
HIGHER ELECTRICITY BILL. IF YOU WANT SOMETHING THAT IS ENERGY STAR AND
USES LESS ELECTRICITY, THEREFORE LOWERS YOUR BILL, YOU SHOULD BE ALLOWED
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NYS ASSEMBLY MAY 13, 2025
TO DO THAT.
MR. DURSO: SO, WHY DON'T WE HAVE A BILL THAT SAYS
THAT? IF YOU DON'T HAVE ENERGY-EFFICIENT APPLIANCES, YOU CAN INSTALL
THEM AT THE TENANT'S REQUEST --
MS. ROSENTHAL: YOU KNOW, NEXT TIME WE CAN
CONFER ON THE BILL THAT I WRITE, BUT THAT'S NOT THIS BILL.
MR. DURSO: NO, I UNDERSTAND THAT. THAT'S WHY I'LL
BE VOTING AGAINST IT. SO, MY OTHER QUESTION IS --
MS. ROSENTHAL: GOOD FOR YOU.
MR. DURSO: -- WHEN YOU TALK ABOUT FIXTURES AND
YOU SAID SOMEBODY WANTS TO CHOOSE A SHOWERHEAD THAT THEY DON'T LIKE,
OR MAYBE THEY DON'T LIKE THE FAUCET YOU PICKED AS A LANDLORD, OR ANY
OTHER MYRIAD OF THINGS THAT ARE IN THE -- IN THE APARTMENT THAT YOU ARE
RENTING. WHO'S RESPONSIBLE IF YOU DECIDE, AS THE TENANT, THAT YOU'RE
GOING TO PUT ON A NEW SHOWERHEAD AND THAT SHOWERHEAD LEAKS AND
FLOODS MY APARTMENT DOWNSTAIRS? WHO IS RESPONSIBLE FOR THAT?
MS. ROSENTHAL: WELL, HOPEFULLY YOU'D HAVE THAT
INSURANCE.
MR. DURSO: WHY DID -- WHY ISN'T IT RESPONSIBLE FOR
THE TENANT WHO DECIDED TO CHANGE IT? WHY ISN'T IT THEIR RESPONSIBILITY?
I -- I AS THE LANDLORD OWN THE PROPERTY. I HAD THINGS INSTALLED CORRECTLY.
I DON'T KNOW HOW YOU'RE GETTING IT INSTALLED. DOES IT SAY ANYWHERE THAT
-- IN HERE THAT THE TENANT HAS TO HAVE A LICENSED INSTALLER PUT THESE IN TO
PROTECT THE LANDLORD?
MS. ROSENTHAL: WELL, FIRST OF ALL, I DON'T KNOW
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NYS ASSEMBLY MAY 13, 2025
THAT WHOEVER INSTALLS THE SHOWERHEAD IN THE FIRST PLACE IS A LICENSED
PERSON. HOWEVER, IF YOU HAVE INSURANCE, THEN YOUR INSURANCE SHOULD
COVER IT. THE LANDLORD'S INSURANCE SHOULD COVER IT. HOWEVER, THIS IS A
CONVERSATION.
MR. DURSO: NO, I UNDERSTAND THAT. WELL, THAT'S
WHY I'M ASKING YOU. SO --
MS. ROSENTHAL: NOT BETWEEN YOU AND ME,
BETWEEN THE TENANT AND THE LANDLORD.
MR. DURSO: BUT, THE LANDLORD -- THERE IS NO
CONVERSATION BECAUSE THEY CANNOT DENY THE TENANT.
MS. ROSENTHAL: NO, THERE IS A CONVERSATION. I
MEAN --
MR. DURSO: WELL, NOT ACCORDING TO YOUR
LEGISLATION. IT'S --
MS. ROSENTHAL: WELL, ACCORDING TO THE BILL
DRAFTER, THERE IS A CONVERSATION.
MR. DURSO: WELL, THE BILL DRAFTER -- ARE THEY HERE?
MS. ROSENTHAL: YEAH, HERE. (INDICATING)
MR. DURSO: WHERE?
MS. ROSENTHAL: HERE. (INDICATING)
MR. DURSO: OH, OKAY. SO, THEN I'M HAVING THE
CONVERSATION WITH YOU, WHICH IS, IT DOESN'T STATE IN HERE THAT THE PERSON
THAT INSTALLS IT IS RESPONSIBLE. DOES YOUR RENTER'S INSURANCE COVER MY
PART OF THE HOUSE IF I DO LIVE IN A DUPLEX AND I LIVE DOWNSTAIRS FROM
YOU. YOU LIVE UPSTAIRS, YOU CHANGE THE SHOWERHEAD, YOU'RE NOT A
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NYS ASSEMBLY MAY 13, 2025
PLUMBER, DOES YOUR RENTER'S INSURANCE COVER MY HOUSE DOWNSTAIRS?
MS. ROSENTHAL: HOPEFULLY, YOU'D GET INSURANCE
THAT COVERS THAT.
MR. DURSO: WHY SHOULD I HAVE INSURANCE FOR YOUR
MISTAKE?
MS. ROSENTHAL: EXCUSE ME?
MR. DURSO: WHY SHOULD I HAVE INSURANCE FOR YOUR
MISTAKE IF YOU'RE THE TENANT AND YOU INSTALLED SOMETHING --
MS. ROSENTHAL: THE TENANT HAS INSURANCE.
MR. DURSO: RIGHT. THAT COVERS --
MS. ROSENTHAL: WAIT, HOW MANY -- LET ME ASK
YOU, HOW MANY INSTANCES OF A SHOWERHEAD BEING FAULTILY INSTALLED
CAUSES A HUGE FLOOD UNDER THE APARTMENT UNDERNEATH? HOW OFTEN --
MR. DURSO: FOR A SHOWERHEAD?
MS. ROSENTHAL: DO YOU HAVE STATS ON THAT? DO
YOU HAVE STATS ON THAT?
MR. DURSO: FOR A SHOWERHEAD, PROBABLY NOT A LOT.
BUT, I BET YOU FOR A WASHING MACHINE IT WOULD.
MS. ROSENTHAL: YOU'RE NOT -- THIS IS NOT
INCLUDING WASHING MACHINES.
MR. DURSO: SO, THIS IS -- THIS -- YOU'RE NOT ALLOWED
TO CHANGE OUT A WASHING MACHINE? THAT'S AN APPLIANCE.
MS. ROSENTHAL: I HAVE A SPECIFIC LIST. IT DOES NOT
INCLUDE A WASHING MACHINE.
MR. DURSO: IS THAT IN THE BILL?
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: YES, IT IS.
MR. DURSO: CAN YOU TELL ME WHERE?
MS. ROSENTHAL: CAN YOU LOOK? I'M -- IT'S
POINTED OUT TO YOU.
MR. DURSO: I JUST DIDN'T SEE IT, MA'AM.
MS. ROSENTHAL: IT IS SUBDIVISION 5. FOR THE
PURPOSES OF THIS SECTION, APPLIANCES OR FIXTURES SHALL MEAN ANY
REFRIGERATOR, FREEZER, RANGE INCLUDING ANY COOKTOP OR OVEN, BUILT-IN
MICROWAVE OVEN, SINK, FAUCET OR SHOWERHEAD.
MR. DURSO: OKAY.
MS. ROSENTHAL: SO, IT'S LIMITED --
MR. DURSO: JUST TO THOSE?
MS. ROSENTHAL: WELL, FRANKLY, IT'D BE GREAT IF THE
LANDLORDS INSTALLED WASHER/DRYERS, BUT THAT DOESN'T HAPPEN.
MR. DURSO: WELL, AGAIN, LONG ISLAND'S OBVIOUSLY
DIFFERENT THAN THE CITY. THERE'S PLENTY OF APARTMENTS ON LONG ISLAND --
MS. ROSENTHAL: WELL, IT -- OKAY, BUT IT DOESN'T
INCLUDE WASHING MACHINES.
MR. DURSO: OKAY. WHICH IS GREAT, ACTUALLY. SO,
NO, THERE IS A LOT LESS FLOODING --
MS. ROSENTHAL: YES.
MR. DURSO: -- WHEN IT COMES TO A SHOWERHEAD, NOT
A FAUCET.
MS. ROSENTHAL: YES.
MR. DURSO: THAT I COULD TELL YOU, THAT'LL FLOOD.
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: SO, IT WAS LIMITED ON PURPOSE.
MR. DURSO: SO, AGAIN, MY CONCERN, RIGHT, AND I
UNDERSTAND YOU NEED TO HAVE THAT CONVERSATION WITH THE LANDLORD, BUT
THE LANDLORD, UNFORTUNATELY IN THIS CASE, HAS NO RECOURSE. THEY CAN'T
TELL YOU NO IF IT FITS WITHIN CODE. I WOULD'VE BEEN MORE COMFORTABLE
WITH THE --
MS. ROSENTHAL: THEN WHY WOULD THEY WANT TO
SAY NO IF IT FITS WITHIN CODE?
MR. DURSO: WHY WOULD YOU CHANGE IT IF I BOUGHT
YOU A BRAND-NEW YELLOW REFRIGERATOR?
MS. ROSENTHAL: IF YOU BROUGHT [SIC] A BRAND-NEW
YELLOW REFRIGERATOR, THE CHANCES THAT SOMEONE WOULD SAY, I WANNA BUY
MY OWN BRAND-NEW PINK REFRIGERATOR, ARE VERY SLIM. THIS BILL IS BORNE
OUT OF EXPERIENCE WHERE SOMEONE HAS A CLUNKER --
MR. DURSO: RIGHT.
MS. ROSENTHAL: -- THAT THE LANDLORD SAYS, WELL, IT
WORKS. OKAY, BUT IT MAY COST A LOT IN CONED BILLS, OR WHATEVER
COMPANY YOU HAVE, AND IT MAY MAKE A LOT OF NOISE. MAYBE YOU WANT
SOMETHING THAT RUNS MORE EFFICIENTLY AND FITS IN BETTER WITH YOUR --
WITH YOUR LIFE. LIKE, MAYBE YOU CAN'T REACH UP, BUT YOU CAN GO DOWN.
YOU CAN GET THE FREEZER AT THE BOTTOM.
MR. DURSO: I AGREE WITH YOU AND I THINK THAT
WOULD'VE BEEN A MUCH BETTER PIECE OF LEGISLATION AND SAY THAT IF THE
LANDLORD DOES NOT HAVE ENERGY-EFFICIENT APPLIANCES, YOU AS THE TENANT
HAVE THE RIGHT TO PURCHASE YOUR OWN AND PUT THOSE IN. THE PROBLEM IS,
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NYS ASSEMBLY MAY 13, 2025
I COULD HAVE A BRAND-NEW APPLIANCE, YOU COULD TAKE IT OUT BECAUSE,
LIKE YOU SAID, YOU HAVE THE TOP AND BOTTOM, YOU HAVE THE SIDE DOORS,
WHATEVER YOU WANT. AESTHETICALLY, YOU COULD CHANGE IT. THERE'S
NOTHING IN THIS BILL SAYING THAT YOU CANNOT. SO, MY PROBLEM IS, IT
DOESN'T SAY WHO'S HOLDING ONTO MY BRAND-NEW REFRIGERATOR IN THE
MEANTIME. DOESN'T SAY YOU HAVE TO HAVE A LICENSE TO --
MS. ROSENTHAL: YES, THE -- THE TENANT IS
RESPONSIBLE FOR RESTORING IT.
MR. DURSO: SO, WE'RE GONNA -- SO, YOU WANT THEM
TO SAVE MONEY WITH A BRAND-NEW REFRIGERATOR BUT THEY GOTTA STORE MY
REFRIGERATOR SOMEWHERE ELSE?
MS. ROSENTHAL: THAT'S NOT -- THAT'S NOT OUR
BUSINESS.
MR. DURSO: WELL, I KNOW. BUT WE -- BUT WE'RE --
IT'S NOT -- TO ME, AGAIN, IF I HAVE ENERGY-EFFICIENT APPLIANCES IN MY
APARTMENT THAT I'M RENTING OUT, WE'RE MAKING IT THE BUSINESS OF THE
STATE TO SAY THAT YOU COULD JUST CHANGE IT BECAUSE YOU WANT TO. BUT
THERE'S -- THERE'S NOTHING IN HERE SAYING THAT YOU ARE RESPONSIBLE FOR THE
STORAGE OF MY STUFF.
MS. ROSENTHAL: NO, YOU'RE RESPONSIBLE FOR
RESTORING IT.
MR. DURSO: RIGHT, BUT WHAT IF I WANT MY
REFRIGERATOR BACK?
MS. ROSENTHAL: YOU CAN GET IT. YOU CAN HAVE
THAT CONVERSATION WITH THE LANDLORD AND YOU SAY, YOU WANT ME TO
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NYS ASSEMBLY MAY 13, 2025
PRESERVE THIS CLUNKER FOR YOU OR --
MR. DURSO: BUT YOU KEEP SAYING IT'S A CLUNKER,
MA'AM.
MS. ROSENTHAL: YES.
MR. DURSO: WHAT IF IT'S BRAND-NEW?
MS. ROSENTHAL: WELL, THEN YOU'RE NOT GONNA ASK
FOR A NEW ONE.
MR. DURSO: WHY ISN'T THERE A PROVISION IN HERE
SAYING THAT IF YOU HAVE A BRAND-NEW APPLIANCE, YOU CANNOT CHANGE IT
OUT?
MS. ROSENTHAL: BECAUSE WE'RE NOT GETTING INTO
THE WEEDS THAT MUCH. WE DON'T, IN MANY OTHER LAWS AND BILLS, WE
DON'T.
MR. DURSO: BUT YOU'RE SAYING --
MS. ROSENTHAL: THIS IS NOT GONNA SAY EVERY
CIRCUMSTANCE THAT MIGHT ARISE.
MR. DURSO: BUT, THIS IS THE EXACT CIRCUMSTANCES
WHY YOU CREATED THE BILL, WHICH IS TO SAY THAT, IT'S HELPING YOU SAVE
MONEY ON AN ENERGY-EFFICIENT APPLIANCE. IF I HAVE ONE, YOU COULD STILL
CHANGE IT OUT BECAUSE YOU FEEL LIKE IT.
MS. ROSENTHAL: OKAY. BUT, THAT'S, YOU KNOW,
KIND OF PREPOSTEROUS. ALSO, NEW APPLIANCES CAN BREAK.
MR. DURSO: OF -- OF COURSE THEY COULD BREAK.
MS. ROSENTHAL: OKAY.
MR. DURSO: THEN WHO'S RESPONSIBLE IF THAT NEW
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NYS ASSEMBLY MAY 13, 2025
APPLIANCE BREAKS?
MS. ROSENTHAL: THE LANDLORD HAS TO FIX IT OR
PROVIDE A NEW ONE.
MR. DURSO: CORRECT. SO --
MS. ROSENTHAL: BUT THEY DON'T ALWAYS.
MR. DURSO: WHAT HAPPENS WHEN YOUR APPLIANCE
BREAKS --
MS. ROSENTHAL: UH-HUH.
MR. DURSO: -- THAT YOU INSTALLED? WHO'S
RESPONSIBLE FOR THAT?
MS. ROSENTHAL: I HAVEN'T INSTALLED MY APPLIANCE.
MR. DURSO: I'M SORRY, MA'AM?
MS. ROSENTHAL: I DON'T INSTALL MY APPLIANCE.
MR. DURSO: NO NO, NO. I'M SAYING THE -- THE ONE
THAT YOU BOUGHT AND PUT IN THE APARTMENT, THAT I'M THE LANDLORD AND I
SAY I HAVE NO RIGHT TO SAY YES OR NO, IT BREAKS. RIGHT? YOU NO LONGER
HAVE A REFRIGERATOR, BECAUSE YOUR REFRIGERATOR'S BROKEN.
MS. ROSENTHAL: SO, THAT'S ON ME.
MR. DURSO: WHERE DOES IT SAY IT IN HERE THAT THAT IS
ON NOW THE TENANT, BECAUSE AS THE LANDLORD, I'M RESPONS --
MS. ROSENTHAL: THE TENANT OWNS IT.
MR. DURSO: NO, NO, NO. I UNDERSTAND THAT. BUT, AS
THE LANDLORD, I AM RESPONSIBLE IN RENTING YOU AN APARTMENT THAT HAS A
REFRIGERATOR. NOW IT NO LONGER DOES BECAUSE THE ONE YOU INSTALLED
BROKE. AM I RESPONSIBLE FOR MAKING SURE THAT YOU HAVE A REFRIGERATOR
74
NYS ASSEMBLY MAY 13, 2025
STILL?
MS. ROSENTHAL: A REFRIGERATOR? YES.
MR. DURSO: BUT YOU PURCHASED IT, IT'S YOUR
PROBLEM. WHY AM I RESPONSIBLE FOR YOUR PROBLEM? YOU LITERALLY JUST
SAID --
MS. ROSENTHAL: THE TENANT -- THE TENANT IS
RESPONSIBLE FOR THE REFRIGERATOR THAT THEY PURCHASED. SO, IF IT BREAKS,
THEY HAVE TO GET IT FIXED.
MR. DURSO: THAT'S IS IN THIS LEGISLATION, ALSO?
MS. ROSENTHAL: IT SAYS RESPONSIBLE FOR USAGE --
LET ME FIND THE EXACT LINE. IT SAYS, RESIDENTIAL TENANTS SHALL BE
RESPONSIBLE FOR EITHER RESTORING THE INSTALLED APPLIANCE OR FIXTURES OF
THE UNIT TO THE CONDITION WHICH EXISTED PRIOR TO THE INSTALLATION, OR
ENSURING THE RESIDENTIAL TENANT INSTALLED APPLIANCE OR FIXTURES REMAIN IN
THE UNIT AT NO COST TO THE LANDLORD.
MR. DURSO: SO, IT HAS NOTHING TO DO WITH -- YOU'RE
RESPONSIBLE BECAUSE AS THE LANDLORD, IF I RENT YOU, AND ADVERTISE ON
MLS OR ANYWHERE ELSE, FULLY FURNISHED KITCHEN REFRIGERATOR, I AM
RESPONSIBLE TO MAKE SURE THAT YOU HAVE A REFRIGERATOR AT ALL TIMES.
MS. ROSENTHAL: YES.
MR. DURSO: BUT, YOU DECIDE TO CHANGE IT OUT, GET
ONE AND THE ONE YOU BUY IS JUNK.
MS. ROSENTHAL: THAT'S MY RESPONS --
MR. DURSO: IT DOESN'T SAY THAT IN YOUR LEGISLATION.
MS. ROSENTHAL: IF YOU OWN IT, THEN YOU ARE
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NYS ASSEMBLY MAY 13, 2025
RESPONSIBLE.
MR. DURSO: BUT, IT'S AN APPLIANCE AND AFFIXED -- IT'S
A FIXTURE THAT I AM RENTING OUT --
ACTING SPEAKER HUNTER: THANK YOU, MR.
DURSO.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD TO PICK UP ON THIS CONVERSATION?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YEP.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. GANDOLFO: OKAY. I'M GONNA PICK OFF -- A
LITTLE BIT WHERE MY COLLEAGUE LEFT OFF BECAUSE I'M A LITTLE CONFUSED BY
THIS NOW.
MS. ROSENTHAL: ARE YOU? OKAY, WELL THEN I
HOPE TO CLEAR IT UP.
MR. GANDOLFO: I'M SORRY?
MS. ROSENTHAL: I SAID I HOPE TO CLEAR IT UP.
MR. GANDOLFO: OKAY. I HOPE SO. NOW, SO, IF
THERE'S A WORKING REFRIGERATOR IN THIS APARTMENT, OR WHATEVER UNIT; THIS
HOUSE, THIS RENTAL, THAT WAS -- YOU RENT -- YOU'RE THE LANDLORD AND YOU
RENTED THIS APARTMENT OUT AS CONTAINING A REFRIGERATOR IS IN THE
APARTMENT, WHICH I THINK YOU HAVE TO HAVE. THE TENANT NOW REMOVES
THAT REFRIGERATOR THAT WORKS AND THEIR REPLACEMENT REFRIGERATOR THAT THEY
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NYS ASSEMBLY MAY 13, 2025
OWN, DOES NOT WORK. SOMETHING HAPPENS TO IT, IT BREAKS. NOW, ISN'T
THE LANDLORD RESPONSIBLE TO PROVIDE A REFRIGERATOR FOR THE APARTMENT
THAT WAS RENTED AS HAVING A REFRIGERATOR AVAILABLE?
MS. ROSENTHAL: SO, YOU'RE SAYING IF I BUY A
REFRIGERATOR AND IT BREAKS AND I THROW IT OUT?
MR. GANDOLFO: IF -- IF YOUR NEW REFRIGERATOR, IF
YOU'RE THE TENANT, BREAKS --
MS. ROSENTHAL: YES.
MR. GANDOLFO: -- AND NOW YOU HAVE NO
REFRIGERATOR --
MS. ROSENTHAL: YES.
MR. GANDOLFO: HOW DOES THAT NOT FALL BACK ON
THE LANDLORD WHO --
MS. ROSENTHAL: WELL, IF I --
MR. GANDOLFO: -- WHO HAS TO PROVIDE THAT
APPLIANCE FOR YOU?
MS. ROSENTHAL: IF THE TENANT BUYS A NEW
REFRIGERATOR, THEN THEY'RE RESPONSIBLE FOR THAT REFRIGERATOR. IF IT BREAKS
DOWN, THEY HAVE TO FIX IT. SO, IF IT BREAKS, YOU BUY A NEW REFRIGERATOR.
IT BREAKS, YOU CALL THE -- THE -- THE STORE AND YOU --
MR. GANDOLFO: BUT WHERE --
MS. ROSENTHAL: -- GET IT FIXED.
MR. GANDOLFO: I'M SORRY TO INTERRUPT. BUT,
WHERE DOES IT SAY THAT IN THE BILL? IT DOESN'T REALLY -- I -- I JUST READ THE
BILL A COUPLE OF TIMES. I DON'T SEE IT SPEAKING TO THAT.
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: I MEAN, THAT'S PRETTY -- IT'S
COMMON SENSE BECAUSE IT'S NOT OWNED BY THE LANDLORD, IT'S OWNED BY
THE TENANT.
MR. GANDOLFO: OKAY, BUT THE LANDLORD IS RENTING
THE DWELLING WHICH -- AND THE DWELLING IS SUPPOSED TO HAVE A
REFRIGERATOR IN IT.
MS. ROSENTHAL: YES.
MR. GANDOLFO: BUT THE TEN -- THE TENANT REMOVED
THE REFRIGERATOR THAT WORKED AND THE REPLACEMENT NOW BROKE --
MS. ROSENTHAL: YES.
MR. GANDOLFO: WHAT'S STOPPING THE TENANT FROM
GOING BACK TO THE LANDLORD AND SAYING, HEY, THIS APARTMENT IS SUPPOSED
TO HAVE REFRIGERATOR AND IT DOESN'T HAVE A WORKING REFRIGERATOR?
MS. ROSENTHAL: AND THE LANDLORD WOULD SAY,
WELL, I SUPPLIED ONE FOR YOU. YOU CAN PUT THAT BACK IN.
MR. GANDOLFO: NOW, WHAT IF THAT REFRIGERATOR
WAS DAMAGED DURING THE TRANSPORT TO THE STORAGE FACILITY?
MS. ROSENTHAL: THEN THE TENANT IS RESPONSIBLE
FOR RESTORING IT TO ITS ORIGINAL CONDITION WHEN THEY GOT IT.
MR. GANDOLFO: WELL, THEY'RE RESPONSIBLE FOR
RESTORING IT WHEN THEY LEAVE -- WHEN THEIR LEASE ENDS.
MS. ROSENTHAL: IF THEY WANT IT BACK, AND IT WAS
BROKEN, IT'S ON THEM BECAUSE THEY'RE RESPONSIBLE FOR IT TO BE RESTORED TO
ITS ORIGINAL CONDITION.
MR. GANDOLFO: UPON THE LEASE ENDING?
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: I THINK YOU SHOULD WORK FOR
TENANTS, YOU'RE GOOD AT THE 'GOTCHA' QUESTIONS.
MR. GANDOLFO: OKAY, THAT'S FINE. BUT I -- I'M
JUST -- SO, IF A TENANT SUED A LANDLORD BECAUSE THERE WAS NO WORKING
APPLIANCE, NO WORKING REFRIGERATOR IN THE APARTMENT, HOW WOULD THE
LANDLORD DEFEND THEMSELF OTHER THAN SAYING, WELL, I HAD A WORKING
REFRIGERATOR. THEY SAID IT WAS A CLUNKER AND THEY REPLACED IT WITH THIS
OTHER REFRIGERATOR THAT BROKE. AND YOU -- YOU SAID WHY WOULD THEY
WANT TO KEEP A CLUNKER? SO, WHERE -- IF THEY SAY, YOU KNOW WHAT,
WE'LL WILL GET RID OF THIS CLUNKER, YOU PUT IN THIS REFRIGERATOR AND THAT
BREAKS?
MS. ROSENTHAL: YOU KNOW, I THINK YOU MIGHT BE
A TRIAL LAWYER, ALSO. BECAUSE, TENANTS DON'T GO TO COURT OVER THINGS LIKE
THIS.
MR. GANDOLFO: THEY DON'T?
MS. ROSENTHAL: NO, THEY DON'T.
MR. GANDOLFO: CAN THEY?
MS. ROSENTHAL: THE LANDLORDS, BY THE WAY,
USUALLY HAVE EMPLOY ON RETAINER LAW FIRMS. SO --
MR. GANDOLFO: I'M SURE THEY DO.
MS. ROSENTHAL: LET ME FINISH. PROPERTY LAW
STIPULATES YOU MUST REPAIR OR TAKE CARE OF APPLIANCES AND FIXTURES THEY
PROVIDE. IT'S NOT ANYTHING A TENANT OWNS. SO, YOU CAN -- YOU CAN MAKE
UP 200 DIFFERENT SITUATIONS; THIS IS A COMMON SENSE BILL. IT REQUIRES
SOME KIND OF CONVERSATION, HEY, THIS REFRIGERATOR ISN'T WORKING
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NYS ASSEMBLY MAY 13, 2025
PROPERLY. CAN YOU GET ME A NEW ONE? THE LANDLORD MIGHT SAY NO OR
BUY YOUR OWN. YOU KNOW, THESE ARE EVERYDAY CONVERSATIONS THAT
TENANTS AND LANDLORDS HAVE. LANDLORDS HAVE SAID, NO, YOU HAVE TO STICK
WITH THE CLUNKER. AND, MY ELECTRICITY BILL IS SKY HIGH. I DON'T -- I DON'T
WANNA PAY THAT MUCH. I WANT SOMETHING THAT'S LOWER ELECTRICITY COST.
RIGHT NOW, LANDLORD -- THE LANDLORD COULD SAY WELL, TOO BAD, YOU HAVE
TO PAY A HIGHER ELECTRICITY COST BECAUSE I DON'T WANT YOU TO GET
SOMETHING DIFFERENT.
MR. GANDOLFO: RIGHT. BUT, I THINK THE ISSUE AT
HAND HERE IS THAT THE LEGISLATION DOESN'T SPEAK TO THAT. WE TALK ABOUT
JUST HAVING CONVERSATIONS THAT AREN'T REQUIRED IN THE BILL ITSELF. SO,
WHAT IF THE TENANT GOES TO THE LANDLORD AND SAYS, I WANT TO PUT IN THE
NEW REFRIGERATOR, I WANT TO USE THIS BRAND BECAUSE, YOU KNOW, MY
UNCLE IS GIVING ME THIS REFRIGERATOR. AND THE -- THE LANDLORD SAYS, YOU
KNOW, I DON'T -- YOU KNOW, I'VE READ THAT PARTICULAR BRAND. SOMETIMES
THE ICE MACHINE LEAKS, AND IT MIGHT DAMAGE THE WOOD FLOORING. CAN
THEY SAY NO BASED ON THE BRAND OR POTENTIAL ISSUES WITH THAT MODEL?
MS. ROSENTHAL: NO. IT'S -- IT'S SOME -- I -- I -- I
FAIL TO UNDERSTAND WHY A LANDLORD WOULD ACTUALLY CARE WHAT BRAND YOU
BUY AS LONG AS THE TENANT IS RESPONSIBLE FOR ITS MAINTENANCE, ITS UPKEEP,
THE DAMAGES, ANYTHING; THEY'RE RESPONSIBLE. IF THEY HAVE INSURANCE AND
THE LANDLORD HAS NOTHING TO DO WITH IT, THEY'RE RESPONSIBLE.
MR. GANDOLFO: WHAT IF -- NOW, WHAT IF THE
LANDLORD -- WHAT IF THE TENANT WANTS TO PUT IN AN APPLIANCE THAT MIGHT
REQUIRE SLIGHT ALTERATION? LET'S SAY YOU HAVE TO SHAVE AN INCH OFF OF THE
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NYS ASSEMBLY MAY 13, 2025
COUNTERTOP. THAT'S PROHIBITED?
MS. ROSENTHAL: NO. NOPE.
MR. GANDOLFO: OKAY.
MS. ROSENTHAL: IT SAYS EXPLICITLY.
MR. GANDOLFO: NOW, DOES THE LANDLORD HAVE ANY
SAY IN WHERE THEIR APPLIANCE, THAT THEY OWN, THAT THE TENANT IS
REMOVING, MUST BE STORED?
MS. ROSENTHAL: NO, IT DOESN'T SAY THAT. IT JUST
SAYS THE TENANT HAS TO RESTORE IT ONCE THEY LEAVE.
MR. GANDOLFO: OKAY. SO, WHAT WOULD -- NOW,
LET'S SAY THE TENANT MOVES THIS REFRIGERATOR, PROBABLY TO A STORAGE UNIT,
AND THEY DEFAULT ON THE STORAGE UNIT AND THAT STUFF GOES UP TO AUCTION
AND THEY LOSE THAT REFRIGERATOR. THE LEASE ENDS, NOW THEY CAN'T -- THEY
WANNA TAKE THEIR NEW APPLIANCE WITH THEM, BUT THEY'RE UNABLE TO
RESTORE THE ORIGINAL APPLIANCE. WHAT'S THE RECOURSE THERE?
MS. ROSENTHAL: THEY -- THEY CAN'T BECAUSE THEY
ENTERED INTO AN AGREEMENT WHERE THEY WOULD EITHER RESTORE OR LEAVE IT.
MR. GANDOLFO: SO, CAN THEY GET A -- CAN THEY STILL
TAKE THEIR NEW APPLIANCE AND REPLACE IT WITH A DIFFERENT APPLIANCE?
MS. ROSENTHAL: THAT'S NOT WHAT'S CONTEMPLATED
HERE.
MR. GANDOLFO: SO, THAT'S NOT CONTEMPLATED IN --
IN THIS BILL?
MS. ROSENTHAL: NO. IT'S REALLY NOT THAT
COMPLICATED.
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MR. GANDOLFO: NOW, WOULD -- SO, THEY HAVE TO --
I'M READING IT HERE NOW -- THEY WOULD HAVE TO -- OKAY, SO, IF THEY CAN'T
RESTORE THE ORIGINAL APPLIANCE, THEY WOULD HAVE TO LEAVE THEIR NEW
APPLIANCE.
MS. ROSENTHAL: BASICALLY.
MR. GANDOLFO: BASICALLY? OR IS THERE WIGGLE
ROOM THERE?
MS. ROSENTHAL: I'M SURE THERE'S A DISCUSSION --
MR. GANDOLFO: A LOT OF DISCUSSIONS.
MS. ROSENTHAL: AND YOU KNOW WHAT ELSE, YOU --
YOU KNOW WHAT ADVANTAGE THE LANDLORD HAS AT THAT POINT, AND THEY
EMPLOY THIS OFTEN, IS THEY HAVE A SECURITY DEPOSIT THAT THEY ARE
SUPPOSED TO RETURN AT THE END OF A TENANT'S LEASE WHEN THEY MOVE OUT.
OFTEN, THEY SAY, YOU DAMAGE THIS, YOU DIDN'T RETURN THE REFRIGERATOR,
I'M TAKING X DOLLARS OUT OF YOUR SECURITY DEPOSIT. THEN IT'S ON THE
TENANT TO GO TO COURT. BUT, THERE ARE METHODS LANDLORDS HAVE TO WORK
THROUGH THIS.
MR. GANDOLFO: EARLIER, YOU SAID, YOU KNOW, THEY
TYPICALLY DON'T GO TO COURT OVER THESE THINGS, BUT I GUESS THEY DO
SOMETIMES.
MS. ROSENTHAL: WELL, IF YOU HAVE A $3,000
SECURITY DEPOSIT, AND I'VE HAD CASES LIKE THIS, TOO, WHERE THEIR LANDLORD
SAYS, I'M NOT GIVING IT BACK TO YOU. THEN, YOU CAN GO TO SMALL CLAIMS
COURT, AND I HAVE CONSTITUENTS WHO ACTUALLY HAVE GONE TO SMALL CLAIMS
COURT WHERE YOU DON'T HAVE TO HIRE AN ATTORNEY.
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NYS ASSEMBLY MAY 13, 2025
MR. GANDOLFO: OKAY. NOW, WHAT IF -- HANG ON,
LET ME JUST CATCH MY SPOT HERE. OKAY, NOW WHO -- WHO WOULD REVIEW
THE DENIAL THAT'S GIVEN BY THE LANDLORD? IS THERE ANY REVIEW PROCESS TO
DETERMINE IF IT'S A LEGITIMATE DENIAL?
MS. ROSENTHAL: NO. I -- I DON'T THINK IT
ADDRESSES THAT.
MR. GANDOLFO: SO, HOW --
MS. ROSENTHAL: YOU KNOW, LANDLORDS -- I JUST
WANTED TO ELUCIDATE SOMETHING. LANDLORDS TYPICALLY STORE REFRIGERATORS
IN THE BASEMENT, THEY HAVE STORAGE PLACES AND SO IT'S PROBABLY
SOMETHING THAT CAN BE WORKED OUT.
MR. GANDOLFO: OKAY. BUT, IF -- IF THE LANDLORD
GIVES A DENIAL, IS THERE ANY PROCESS BY WHICH THAT DENIAL WOULD BE
REVIEWED TO DETERMINE WHETHER OR NOT IT WAS IN COMPLIANCE WITH THIS
BILL?
MS. ROSENTHAL: NO.
MR. GANDOLFO: OKAY. SO, HOW -- HOW EXACTLY IS
THIS ENFORCED?
MS. ROSENTHAL: I CAN ADD A PENALTY IF YOU LIKE.
MR. GANDOLFO: I'M SORRY? I DIDN'T -- I COULDN'T --
MS. ROSENTHAL: I COULD ADD A PENALTY.
MR. GANDOLFO: OKAY. WELL, WHY -- I -- I -- I JUST
-- SO, THERE'S NO PENALTY FOR ISSUING THIS DENIAL, THERE'S NO REVIEW
PROCESS FOR THE DENIAL. IT'S JUST, I GUESS, MORE CONVERSATIONS BETWEEN
LANDLORD AND TENANTS?
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: I DON'T KNOW. DO YOU WANT
THERE TO BE A PENALTY IF THE LANDLORD SAYS NO AND THEY REALLY SHOULD SAY
YES?
MR. GANDOLFO: I MEAN, IT'S NOT NECESSARILY WHAT I
WANT. I WAS JUST CURIOUS AS TO HOW THIS ACTUALLY GETS ENFORCED IF NO
ONE'S REVIEWING THE DENIALS THAT HAVE TO BE IN WRITING.
MS. ROSENTHAL: WELL, YOU KNOW, THEN THE TENANT
IS STUCK AND THEY COME TO THEIR ELECTED OFFICIAL, WHO THEN TALKS TO THE
LANDLORD AND WORKS SOMETHING OUT.
MR. GANDOLFO: OKAY. AND I DON'T WANNA TAKE
UP TOO MUCH MORE --
MS. ROSENTHAL: OKAY, BUT LET ME JUST SAY; IN MY
19+ YEARS AS AN ASSEMBLY MEMBER HELPING TENANTS IN MANHATTAN, THIS
HAS NEVER COME UP WITH YELLOW, PINK, ICE MAKERS. I MEAN, THESE ARE
ALL CREATIVE PROBLEMS THAT DON'T ACTUALLY HAPPEN.
MR. GANDOLFO: WELL, I KNOW. BUT, UNDER THIS
BILL, THEY COULD HAPPEN. AND THAT'S -- AND THAT'S
(INDISCERNIBLE/CROSSTALK).
MS. ROSENTHAL: A LOT OF THINGS COULD HAPPEN IN
THE BILLS THAT WE DEBATE.
MR. GANDOLFO: I MEAN, I JUST SEE NO REASON WHY
IT CAN'T BE MORE NARROWLY TAILORED. IT'S KIND OF OUR JOB TO DO THAT HERE.
MS. ROSENTHAL: WELL, WHEN YOU DO A BILL YOU
COULD NARROWLY TAILOR IT.
MR. GANDOLFO: AND, I HAVE A QUESTION ON, YOU
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NYS ASSEMBLY MAY 13, 2025
KNOW, STARTING IN SECTION 1 OF THE BILL. AND I'LL -- I'LL JUST READ FROM THE
TEXT HERE: INSTALLATION OF APPLIANCES OR FIXTURES BY TENANT, NUMBER ONE.
NO LANDLORD SHALL RESTRICT THE INSTALLATION OF APPLIANCES OR FIXTURES BY A
RESIDENTIAL TENANT SO LONG AS THE APPLIANCES OR FIXTURES ARE IN
COMPLIANCE WITH APPLICABLE BUILDING CODES, THAT'S FINE, OR OTHER
PROVISIONS OF LAW, WE WENT OVER THAT, AND FURTHER PROVIDED THAT THE
RESIDENTIAL TENANT HAS SOUGHT IN WRITING AND OBTAINED WRITTEN CONSENT
FROM THE LANDLORD FOR THE INSTALLATION. SO, IT'S -- IS THAT SAYING THE
LANDLORD CAN'T DENY IT IF THEY GAVE THE WRITTEN CONSENT?
MS. ROSENTHAL: IF THE -- IF THE LANDLORD GAVE
WRITTEN CONSENT, THEN THEY'VE CONSENTED.
MR. GANDOLFO: WELL, THAT'S WHY I'M CONFUSED BY
THE WORDING OF IT. SO, IT SAYS NO LANDLORD SHALL RESTRICT THE INSTALLATION
OF APPLIANCES, YOU MOVE ON AND IT SAYS, IF -- IF THE TENANT CAN OBTAIN
WRITTEN CONSENT FROM A LANDLORD FOR SUCH INSTALLATION. SO, THAT SEEMS --
IT SEEMS LIKE A CONDITION OF BEING UNABLE TO DENY, TO RESTRICT THE
INSTALLATION. ONE OF THE CONDITIONS IS ACTUALLY IF -- IF THE LANDLORD GAVE
CONSENT FOR THE INSTALLATION TO BEGIN WITH.
MS. ROSENTHAL: OKAY. IF A LANDLORD --
MR. GANDOLFO: SO, WHY WOULD THEY GIVE CONSENT
AND THEN RESTRICT THE APPLIANCE?
MS. ROSENTHAL: I DON'T KNOW. YOU SEEM TO BE
IN A LANDLORD'S HEAD, WHAT DO YOU THINK?
MR. GANDOLFO: WELL, I'M JUST READING FROM THE
BILL HERE. ONE OF THE CONDITIONS THAT WOULD TRIGGER THIS PROHIBITION ON
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NYS ASSEMBLY MAY 13, 2025
RESTRICTING THE INSTALLATION OF THE APPLIANCE, ONE OF THE CONDITIONS TO
TRIGGER THAT IS THE LANDLORD GIVING THE WRITTEN CONSENT IN THE FIRST PLACE.
MS. ROSENTHAL: OKAY.
MR. GANDOLFO: SO, WHY WOULD A LANDLORD GIVE
WRITTEN CONSENT AND THEN GO BACK AND RESTRICT THE APPLIANCE?
MS. ROSENTHAL: I DON'T KNOW, MAYBE THEY WANT
TO HARASS THE TENANT. I DON'T KNOW.
MR. GANDOLFO: OKAY, IT'S JUST -- ALL RIGHT. THANK
YOU TO THE SPONSOR.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. NORBER.
MR. NORBER: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. NORBER: THANK YOU. JUST A FEW QUESTIONS,
MINOR QUESTIONS REGARDING THIS ISSUE AND THE RELOCATION OF THE
APPLIANCES, SPECIFICALLY REFRIGERATORS. SO, ACCORDING TO THIS BILL, THE
TENANT IS ALLOWED TO HIRE ANYONE THEY WANT AND -- AND ENTER THE
COMMON SPACE, THE ELEVATORS, THE HALLWAYS, THE STAIRCASES OF THE
BUILDING?
MS. ROSENTHAL: I MEAN, THE TENANT CAN HAVE A
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NYS ASSEMBLY MAY 13, 2025
VISITOR WHO ENTERS ALL OF THOSE SPACES, SO I'M NOT SURE WHAT YOU MEAN/?
MR. NORBER: WELL, I GUESS IT DOESN'T NEED TO BE
INSURED AND THAT'S MY QUESTION ABOUT IT.
MS. ROSENTHAL: I'M SORRY?
MR. NORBER: SO, MY QUESTION IS IF, LET'S SAY, THEY
WANNA HIRE SOMEBODY, THEY DON'T TALK TO THE LANDLORD, THEY WANNA HIRE
SOMEBODY OFF THE CUFF, THEY HIRE SOMEBODY TO RELOCATE AND INSTALL THEIR
REFRIGERATOR. CAN THEY HIRE WHOEVER THEY WANT?
MS. ROSENTHAL: YOU KNOW, OFTEN WHEN ONE BUYS
A REFRIGERATOR, THE STORE DELIVERS IT AND INSTALLS IT. SO, THAT'S WHO WOULD
DO THAT.
MR. NORBER: OKAY. SO, IF THEY WANT TO, LET'S SAY,
HIRE SOMEBODY WHO'S INEXPENSIVE, WOULD THAT CAUSE A SITUATION IN
WHICH THEY'RE HIRING AN INSTALLER OR SOMEBODY WHO RELOCATES OR A
MOVER WHO ISN'T INSURED? COULD THAT CREATE THAT KIND OF SITUATION, YOU
THINK?
MS. ROSENTHAL: WHEN A LANDLORD CHANGES
REFRIGERATORS, DO THEY HIRE SOMEBODY WHO'S INSURED AND BONDED AND
HAS EXPERIENCE? YOU KNOW, IT'S -- THEY DON'T ACTUALLY DO THAT ALL THE
TIME. A TENANT DOES NOT WANNA DAMAGE THE APARTMENT. THEY WOULD BE
LIABLE IF THEY DAMAGE THE APARTMENT, IF THEY SHAVE OFF AN INCH BECAUSE
THE REFRIGERATOR'S TOO BIG. TENANTS JUST WANT A GOOD WORKING
REFRIGERATOR. THEY HAVE NO INTEREST IN BOLLOXING THIS UP BY HIRING
SOMEONE THEY FOUND OFF THE STREET.
MR. NORBER: WELL, I WOULD BELIEVE THAT THE
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NYS ASSEMBLY MAY 13, 2025
MAJORITY OF THE BUILDINGS, AT LEAST IN THE CITY, CURRENTLY REQUIRE PROOF
OF INSURANCE FROM ANYBODY WHO ENTERS THE BUILDING, EITHER A
CONTRACTOR, A MOVER, OR ANYBODY.
MS. ROSENTHAL: WHERE IS THAT? WHERE -- WHERE
IS THAT?
MR. NORBER: EXCUSE ME?
MS. ROSENTHAL: I -- I DON'T KNOW THAT TO BE TRUE.
MR. NORBER: NO, THAT IS A FACT. THAT'S A -- I'M IN
THAT TYPE OF BUSINESS AND I UNDERSTAND THAT A LOT OF THESE LANDLORDS
WANT TO PROTECT THEMSELVES AND THEIR OWN SPECIFIC PROPERTIES. IT HAS
NOTHING TO DO WITH THE INSIDE THE TENANT'S APARTMENT. BUT, IN THE
COMMON SPACES, THESE ARE VERY EXPENSIVE FIXTURES, LIGHT FIXTURES,
ELEVATORS, STAIRCASES --
MS. ROSENTHAL: IF THERE'S -- IF THERE'S --
MR. NORBER: -- THEY WANT TO MAKE SURE THAT
SOMEBODY'S INSURED, SO I'M JUST TRYING TO FIND OUT.
MS. ROSENTHAL: THAT IS NOT TRUE ACROSS THE BOARD
AND CONCOCTING THAT WE'RE GONNA GET A NE'ER-DO-WELL WHO'S GONNA DRAG
AND DAMAGE THE FLOORS AND THROW YOUR DOOR OPEN AND SHOVE A
REFRIGERATOR IN, THAT'S NOT WHAT IS HAPPENING HERE.
MR. NORBER: THAT CAN HAPPEN AND IT DOES HAPPEN
AND THAT'S WHY MANY OF --
MS. ROSENTHAL: A LOT OF THINGS HAPPEN IN LIFE, IN
LAW.
MR. NORBER: THAT'S WHY -- BUT THAT'S WHY --
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NYS ASSEMBLY MAY 13, 2025
MS. ROSENTHAL: YOU'RE -- YOU'RE COMING UP WITH
THIS --
ACTING SPEAKER HUNTER: WE'RE ASKING AND
ANSWERING, PLEASE. THANK YOU.
MS. ROSENTHAL: THESE ARE FARFETCHED EXAMPLES.
I'M GLAD YOU ALL ARE SO CREATIVE. COME VISIT ANY APARTMENT BUILDING IN
THE CITY, OR IN OTHER PLACES, AND YOU WILL SEE WHEN LANDLORDS HAVE SAID
YOU CANNOT HAVE A REFRIGERATOR, EVEN THOUGH THE TENANT NEEDS A GOOD
WORKING, CHEAP, IN TERMS OF ELECTRICITY COST, REFRIGERATOR. THIS IS A
MOUNTAIN OUT OF A MOLEHILL. WE CAN CONJURE UP ANY KIND OF
CIRCUMSTANCE FOR ANY BILL THAT IS ON THE FLOOR. YOU SEEM TO HAVE A
PARTICULAR, NOT JUST YOU, THE OTHERS, A PARTICULAR INTEREST IN ANALYZING
THIS BILL TO DEATH. IT'S FINE, I'M HAPPY TO TALK ABOUT IT, ADD INFINITUM.
HOWEVER, SOME OF THESE CIRCUMSTANCES ARE A FICTION, A CREATION OF YOUR
IMAGINATION.
MR. NORBER: OKAY. SO, IN THE INSTANCE AND THE
CIRCUMSTANCE IN WHICH A PROPERTY OWNER OF A BUILDING WANTS TO INSURE
OR PROTECT HIS OWN PROPERTY, DOES THIS BILL HAVE, IN ANY WAY, ANY FORM,
THE ABILITY TO MAKE SURE THAT THE TENANT WHO WANTS TO HIRE SOMEBODY, IS
HIRED SOMEBODY WHO AT LEAST IS -- IS INSURED AND WOULD BE ABLE TO
PROTECT AND HAVE A GOOD CONVERSATION AT LEAST BEFOREHAND WITH THE
LANDLORD TO MAKE SURE THAT THERE IS COMMON GROUND IN TERMS OF WHO
THEY ARE HIRING?
MS. ROSENTHAL: IF -- IF IN -- IF THE INSTALLER HAS TO
HAVE INSURANCE, USING AN INSTALLER WITHOUT INSURANCE WOULD BE GROUNDS
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NYS ASSEMBLY MAY 13, 2025
FOR THE LANDLORD TO SAY NO. THE TENANT WOULD HAVE TO COMPLY WITH THAT.
IF THAT'S PART OF THE -- THE LAW, THE COMPLIANCE, YOU KNOW, NO ONE'S
LOOKING TO CAUSE DAMAGE HERE. IF SOMEONE WANTS LIKE, A NEW
SHOWERHEAD OR A NEW FAUCET, IT'S NOT SUCH A BIG DEAL.
MR. NORBER: OKAY. THANK YOU VERY MUCH.
JUST QUICKLY, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. NORBER: SO, JUST IN MY EXPERIENCE, I BELIEVE
THAT THIS -- THERE'S SOMETHING THAT'S COMING UP AGAIN AND AGAIN IN THIS
DEBATE REGARDING CONVERSATIONS BETWEEN LANDLORDS AND TENANTS. AND
SADLY, REGRETFULLY, THIS IS NOT SOMETHING THAT HAPPENS OFTEN.
SOMETIMES TENANTS FEEL THAT THEY ARE CARTE BLANCHED TO DO WHATEVER
THEY WANT AND ESPECIALLY IF THEY FIND OUT THAT THERE'S SOME TYPE OF A BILL
THAT ALLOWS THEM TO HIRE TECHNICIANS, INSTALLERS, MOVERS OFF THE CUFF.
AND THE -- BECAUSE THEY'VE HIRED THE MOST INEXPENSIVE ONES IN THE
STATE, OF COURSE THEY WILL DO SO. SO, I BELIEVE THAT WE HAVE TO HAVE A
LITTLE BIT MORE PROTECTIONS OF THIS BILL FOR THE LANDLORDS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS PIECE
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NYS ASSEMBLY MAY 13, 2025
OF LEGISLATION, BUT, IF ANYONE WISHES TO VOTE YES, THEY MAY DO SO NOW AT
THEIR SEATS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. HEVESI.
MR. HEVESI: THANK YOU, MADAM SPEAKER. THE
MAJORITY CONFERENCE WILL BE IN THE AFFIRMATIVE ON THIS BILL. ANY
MEMBER WHO WISHES TO VOTE IN THE NEGATIVE, PLEASE GIVE THE MAJORITY
LEADER'S OFFICE A CALL. THANK YOU VERY MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE)
MR. BOLOGNA TO EXPLAIN HIS VOTE.
MR. BOLOGNA: THANK YOU VERY MUCH, MADAM
SPEAKER. I -- I AM GENUINELY FLUMMOXED BY THE BLEAK OUTLOOK TOWARDS
LANDLORDS IN GENERAL AND -- AND -- AND FRANKLY, THE WAY THAT THIS BILL
WAS WRITTEN. ANOTHER QUESTION I DIDN'T HAVE TIME TO ASK, OR GET TO ASK
WAS, STANDARD SHOWERHEADS DISPENSE WATER AT 2.5 GALLONS PER MINUTE.
SO, IF SOMEONE NOW WANTS TO GET A 5 GALLON PER MINUTE SHOWERHEAD, IS
THAT NOW THE RESPONSIBILITY OF THE LANDLORD TO PAY FOR THAT EXCESS WATER
THAT'S BEING USED? NOW, PAYING FOR THE HEATING OF THE WATER PAID FOR
THE WATER ITSELF BECAUSE LANDLORDS ARE REQUIRED TO PAY FOR WATER.
IT IS -- THIS IS ONE OF THE MOST FRUSTRATING BILLS THAT I
HAVE SEEN COME ACROSS THIS CHAMBER. SO, AGAIN, I THINK THE WORD
FLUMMOXED IS REALLY THE WORD THAT JUST COMES TO MIND. SO, WITH THAT
MADAM SPEAKER, I WILL BE VOTING IN THE NEGATIVE, ONLY BECAUSE I CAN'T
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NYS ASSEMBLY MAY 13, 2025
DO IT TWICE.
ACTING SPEAKER HUNTER: THANK YOU.
MR. BOLOGNA IN THE NEGATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: TO EXPLAIN MY VOTE. OVER 19+
YEARS, AND MANY --
ACTING SPEAKER HUNTER: QUIET, PLEASE.
MS. ROSENTHAL: THANK YOU. OVER MY MANY
YEARS AS AN ASSEMBLY MEMBER WHO DEALS WITH CONSTITUENTS ALL THE TIME,
EVERY DAY, WHO COME UP WITH INSTANCES WHERE, FOR EXAMPLE, THEY'D
LIKE A NEW REFRIGERATOR AND INSTALLATION. THE LANDLORD GENERALLY ASKS
THE TENANTS FOR INSURANCE WHEN CONTRACTORS COME INTO THE APARTMENT.
EVERY SINGLE CONSTITUENT THAT I'VE DEALT WITH HAS COMPLIED WITH THAT,
AND SOME LANDLORDS ACTUALLY HAVE THEIR SUPERS INSTALL THE NEW
APPLIANCE. I KNOW YOU'RE OBSESSED WITH WATER HEADS, WATER PRESSURE,
YELLOW FRIDGES, PINK FRIDGES, THIS IS ALL BESIDE THE POINT. I -- I
UNDERSTAND THAT TENANTS WHO MAY WANT A BETTER QUALITY REFRIGERATOR IS
OF NO CONCERN TO SOME OF YOU, BUT IT IS OF CONCERN TO MY CONSTITUENTS,
MANY OTHER TENANTS WHO LIVE IN NEW YORK CITY AND ELSEWHERE. THIS IS
ABOUT HAVING A NICE CONVERSATION REQUESTING SOMETHING, HAVING DIALOG,
WHICH IS SOMETHING THAT I ENCOURAGE MORE OF HERE ON THE FLOOR. AND, I
VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU.
MS. ROSENTHAL IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? THE CLERK WILL ANNOUNCE
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NYS ASSEMBLY MAY 13, 2025
THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS)
THE BILL IS PASSED.
MS. WALSH FOR THE PURPOSES OF AN INTRODUCTION.
MS. WALSH: THANK YOU, MADAM SPEAKER. ON
BEHALF OF ASSEMBLYMEMBER SLATER, I'M PLEASED TO INTRODUCE TO THE REST
OF THE MEMBERS OF THE CHAMBER, JOHN RAVITZ WHO IS A FORMER
ASSEMBLY MEMBER HERE. AND, A FUN FACT, HE WAS THE LAST REPUBLICAN TO
REPRESENT MANHATTAN. AND, HE SERVED FROM 1990 TO 2002 IN THE 73RD
ASSEMBLY DISTRICT. HE IS HERE TODAY AS A REPRESENTATIVE OF BUSINESS
COUNCIL OF WESTCHESTER, ALONG WITH THE BUSINESS COUNCIL OF
WESTCHESTER CEO MARSHA GORDON. THEY BOTH JOINED US TODAY. THIS IS
WESTCHESTER'S LARGEST BUSINESS MEMBERSHIP ORGANIZATION AND, MADAM
SPEAKER, WILL YOU PLEASE WELCOME THEM TO THE PEOPLE'S HOUSE AND
AFFORD TO THEM ALL THE CORDIALITIES OF THE HOUSE. THANK YOU.
ACTING SPEAKER HUNTER: YES, OF COURSE. ON
BEHALF OF MS. WALSH, MR. SLATER, THE SPEAKER AND ALL MEMBERS,
WELCOME BACK ASSEMBLY MEMBER RAVITZ. ONCE A MEMBER, ALWAYS A
MEMBER. AND ALSO MEMBERS OF THE BUSINESS COUNCIL OF WESTCHESTER.
WE WELCOME YOU TO THE CHAMBER, EXTEND THE PRIVILEGES OF THE FLOOR.
HOPE YOU ENJOY OUR PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR
JOINING.
(APPLAUSE)
MR. HEVESI.
MR. HEVESI: THANK YOU, MADAM SPEAKER.
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NYS ASSEMBLY MAY 13, 2025
MEMBERS HAVE ON THEIR DESK AN A-CALENDAR. MADAM SPEAKER, I NOW
MOVE TO ADVANCE THE A-CALENDAR.
ACTING SPEAKER HUNTER: THANK YOU.
ON A MOTION BY MR. HEVESI, THE A-CALENDAR IS
ADVANCED.
ON CONSENT, PAGE 3, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00033, RULES REPORT
NO. 187, BURDICK, LEVENBERG, SEAWRIGHT, SAYEGH, HEVESI,
GONZÁLEZ-ROJAS, K. BROWN, REYES, EPSTEIN, SMULLEN, SHIMSKY,
SANTABARBARA, KASSAY, P. CARROLL, SLATER. AN ACT IN RELATION TO
ESTABLISHING THE TASK FORCE TO PROMOTE THE UNEMPLOYMENT OF PEOPLE
WITH DISABILITIES.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES?
(PAUSE)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
SO I WILL BE SUPPORTING THIS BILL, BUT I WOULD NOTE A
COUPLE OF THINGS. ONE IS THAT THERE IS NOT CURRENTLY ANY MEMBER ON THE
TASK FORCE THAT'S RECOMMENDED BY THE MINORITY CONFERENCE OF THE
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NYS ASSEMBLY MAY 13, 2025
ASSEMBLY OR THE SENATE. AND GENERALLY SPEAKING, OUR CONFERENCE HAS
AN ISSUE WITH THAT BECAUSE WE WANT TO SEE MORE DIVERSITY IN TERMS OF
MEMBERS ON THE TASK FORCE.
THE SECOND THING I WANTED TO POINT OUT IS THAT THE
CENTER FOR DISABILITY RIGHTS HAS EXPRESSED SOME CONCERNS THAT I WANT
TO BE MADE PART OF THE RECORD. THEY SAID THAT WHILE THEY GENERALLY
SUPPORT THE LEGISLATION, THEY THINK THAT IT COULD STILL BE IMPROVED
BECAUSE THERE IS SEEMINGLY NO SOURCE OF FUNDING, WHICH MAY MAKE THIS
INITIATIVE DIFFICULT TO ACHIEVE. AND ALSO, THAT HIS BILL FOCUSES ON
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES WHEN THE DISABLED
COMMUNITY ENCOMPASSES MORE THAN THESE GROUPS AND THAT THIS BILL
COULD BE EXPANDED TO CAPTURE MORE OF THE COMMUNITY'S NEEDS.
SO, I DO THINK THAT THE BILL COULD BE IMPROVED;
HOWEVER, I WILL SUPPORT IT IN ITS CURRENT FORM.
THANK YOU VERY MUCH, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MS. WALSH IN THE
AFFIRMATIVE.
(PAUSE)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE HAVE THE CLERK WITHDRAW THE ROLL ON 187 AND LET US MOVE
RIGHT TO 188?
ACTING SPEAKER HUNTER: THE ROLL CALL IS
WITHDRAWN.
(PAUSE)
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NYS ASSEMBLY MAY 13, 2025
ON CONSENT, PAGE 3, RULES REPORT 188, THE CLERK READ.
THE CLERK: ASSEMBLY NO. A02589-A, RULES
REPORT NO. 188, KELLES, LUPARDO, JACOBSON, MEEKS, SANTABARBARA,
OTIS, EPSTEIN, BUTTENSCHON, SEAWRIGHT, SIMON, STECK, DAVILA, REYES,
COLTON, ANGELINO, BURDICK, WEPRIN, SHIMSKY. AN ACT TO AMEND THE
CIVIL RIGHTS LAW, IN RELATION TO WAIVING THE STATE'S SOVEREIGN
IMMUNITY TO CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT OF
1990, THE FAIR LABOR STANDARDS ACT OF 1938, THE AGE DISCRIMINATION
IN EMPLOYMENT ACT OF 1967, AND THE FAMILY AND MEDICAL LEAVE ACT.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A06021-B, RULES
REPORT NO. 189, SANTABARBARA, BURDICK, GRIFFIN, SEMPOLINSKI, RAMOS.
AN ACT TO AMEND [SIC] THE "BLUE-RIBBON COMMISSION ON THE FUTURE OF
NEW YORK STATE'S SERVICE DELIVERY SYSTEM FOR INDIVIDUALS WITH
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT"; AND PROVIDING FOR
THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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NYS ASSEMBLY MAY 13, 2025
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06781-B, RULES
REPORT NO. 190, HOOKS, BERGER, HEVESI, PAULIN, WEPRIN,, BRAUNSTEIN,
RAMOS, FALL, DAVILA, O'PHARROW, MEEKS, ZINERMAN, TAPIA, SCHIAVONI,
WRIGHT, TAYLOR, LAVINE, GIBBS, WIEDER. AN ACT AUTHORIZING THE DIS --
DISCONTINUANCE OF CERTAIN PARKLAND IN FLUSHING MEADOWS CORONA PARK
IN THE BOROUGH OF QUEENS.
ACTING SPEAKER HUNTER: HOME RULE
MESSAGE IS AT THE DESK.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. HOOKS TO EXPLAIN HER VOTE.
MS. HOOKS: THANK YOU, MADAM SPEAKER. I RISE
TODAY IN SUPPORT OF THE RESIDENTS OF ASSEMBLY DISTRICT 35, WHO HAVE
STOOD FIRM AND SPOKEN OUT IN SUPPORT OF THIS LEGISLATION AND ARE FINALLY
BEING HEARD BY THE PASSING OF THIS BILL.
FOR TOO LONG, DECISIONS ABOUT THIS AREA HAVE BEEN
SHAPED BY VOICES OUTSIDE OF OUR COMMUNITY. WHILE WE LIVED WITH THE
LACK OF INVESTMENT, OTHERS HAVE DECIDED WHAT'S BEST FOR OUR
NEIGHBORHOODS WITHOUT VALUING THE VOICES OF OUR MARGINALIZED
COMMUNITY. THAT ENDS TODAY WITH THIS BILL.
COVID HIT MY DISTRICT HARDER THAN ALMOST ANYWHERE
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NYS ASSEMBLY MAY 13, 2025
ELSE IN THE COUNTRY. WE LOST BUSINESSES, RESIDENTS LOST JOBS AND HAVE
SUFFERED THE CONSEQUENCES OF ECONOMIC INEQUALITIES FACED BY MINORITY
COMMUNITIES SUCH AS OURS. WHILE OTHER PARTS OF THE CITY HAVE STARTED
TO REBUILD, COMMUNITIES LIKE EAST ELMHURST AND CORONA ARE STILL TRYING
TO RECOVER. THIS IS THE OPPORTUNITY TO BRING REAL INVESTMENT TO OUR
LOCAL ECONOMY. HAVING THE BOLD VISION OF TURNING 50 ACRES OF ASPHALT
INTO AN ENTITY THAT DELIVERS REAL BENEFITS. THIS IS ABOUT GIVING
SOMETHING BACK TO -- TO A RESIDENT -- TO RESIDENTS THAT'S GIVEN MORE THAN
THEY'VE RECEIVED. OUR CONSTITUENTS FROM ASSEMBLY DISTRICT 35 WERE
THE CATALYST FOR PUSHING THIS BILL FORWARD. TODAY I STAND HERE AS THEIR
CHAMPION, PROUD TO LIFT UP THEIR VOICES. I WANT TO THANK THE SPEAKER
FOR HIS LEADERSHIP, AND I ALSO WANT TO THANK MY COLLEAGUES, ESPECIALLY
THOSE WHO HAD A TOUGH DECISION TO MAKE ON THIS BILL. I RECOGNIZE THAT
NOT EVERYONE CAME TO THIS VOTE EASILY, BUT FOR THOSE WHO VOTED YES,
THANK YOU FROM THE BOTTOM OF MY HEART. THANK YOU FOR UNDERSTANDING
THE WANTS OF MY DISTRICT AND CHOOSING TO STAND WITH US. TO MY FOREVER
ASSEMBLYMAN JEFF AUBRY --
ACTING SPEAKER HUNTER: THANK YOU, MS.
HOOKS. HOW DO YOU VOTE?
MS. HOOKS: -- THANK YOU FOR BRINGING THIS BILL UP TO
THE PLATE KNOWING I WOULD HIT IT OUT THE PARK. I WILL BE, OF COURSE,
VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU.
MS. HOOKS IN THE AFFIRMATIVE.
(APPLAUSE)
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NYS ASSEMBLY MAY 13, 2025
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(APPLAUSE)
THE CLERK: ASSEMBLY NO. A07363-A, RULES
REPORT NO. 191, SANTABARBARA, SHIMSKY, BURDICK, RAMOS, ZINERMAN.
AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO PROTECTING THE
COMMUNICATION RIGHTS OF INDIVIDUALS WITH DISABILITIES.
ACTING SPEAKER HUNTER: THIS BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A08283, RULES REPORT
NO. 192, BUDGET BILL. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2025,
ENACTING THE AID TO LOCALITIES BUDGET, AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.3003-D AND A.3003-D, IN RELATION TO MAKING TECHNICAL
CHANGES THERETO.
ACTING SPEAKER HUNTER: QUIET, PLEASE.
ON A MOTION BY MR. PRETLOW, 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 HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. RA TO EXPLAIN HIS VOTE.
MR. RA: THANK YOU, MADAM SPEAKER. JUST QUICKLY
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NYS ASSEMBLY MAY 13, 2025
FOR MY COLLEAGUES, IN PARTICULAR ON OUR SIDE OF THE AISLE, THIS IS AN
AMENDMENT TO THE AID TO LOCALITIES BUDGET BILL. IT IS VERY TECHNICAL.
IT JUST CHANGES THE NAME OF AN ENTITY THAT WAS RECEIVING FUNDING, REALLY
CORRECTS THAT. THE REASON SOME OF OUR COLLEAGUES WILL BE VOTING NO IS
BECAUSE THEY WERE NO ON THE BILL-IN-CHIEF, AND MANY ON THE ENTIRE
BUDGET. SO COLLEAGUES ON OUR SIDE OF THE AISLE, IF YOU WANT TO BE NO,
YOU HAVE TO ACTUALLY PUSH YOUR BUTTON BECAUSE WE CAN'T DO A PARTY VOTE
WHEN A BILL IS BEING DONE ON CONSENT.
I'LL BE VOTING IN THE NEGATIVE. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. MR. RA
IN THE NEGATIVE.
MR. REILLY TO EXPLAIN HIS VOTE.
MR. REILLY: THANK YOU, MADAM SPEAKER. JUST
REAL QUICK. I'M A NO BECAUSE THIS DOES NOT AMEND AND ADD ANOTHER
JUDGE FOR RICHMOND COUNTY.
THANK YOU.
ACTING SPEAKER HUNTER: MR. REILLY IN THE
NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULT.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
MEMBERS HAVE ON THEIR DESK A B-CALENDAR. I WOULD LIKE TO MOVE TO
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NYS ASSEMBLY MAY 13, 2025
ADVANCE THAT B.
ACTING SPEAKER HUNTER: ON A MOTION BY
MRS. PEOPLES-STOKES, THE B-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU. IF WE CAN
GO TO PAGE 3 AND TAKE UP RULES REPORT NO. 193.
ACTING SPEAKER HUNTER: PAGE 3, RULES
REPORT 193, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00033, RULES REPORT
NO. 193, BURDICK, LEVENBERG, SEAWRIGHT, SAYEGH, HEVESI,
GONZÁLEZ-ROJAS, K. BROWN, REYES, EPSTEIN, SMULLEN, SHIMSKY,
SANTABARBARA, KASSAY, P. CARROLL, SLATER. AN ACT IN RELATION TO
ESTABLISHING THE TASK FORCE TO PROMOTE THE EMPLOYMENT OF PEOPLE
WITH DISABILITIES.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER.
SO, WHO WAS IT; WAS IT YOGI BERRA THAT SAID, "IT'S LIKE
DÉJŔ VU ALL OVER AGAIN"? THIS -- IF THIS BILL LOOKS FAMILIAR, THE REASON IS
THAT THERE WAS A NUMBERING MISTAKE AND SO THAT'S WHY THE B-CALENDAR
IS BEING ADVANCED WITH A NEW RULES REPORT NO. 193 INSTEAD OF 187,
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NYS ASSEMBLY MAY 13, 2025
WHICH IS WHAT IT WAS MISTAKENLY CALLED.
SO, JUST -- I WANTED TO EXPLAIN THAT, AND I JUST WANTED
TO SAY FOR THE RECORD, AGAIN, THAT I HAD SAID ON THE PREVIOUS TIME WE
TALKED ABOUT THIS BILL, THAT THE CENTER FOR DISABILITY RIGHTS DOES HAVE
SOME CONCERNS ABOUT THE BILL; PRIMARILY THAT THERE WAS NO SOURCE OF
FUNDING AND THAT THEY BELIEVED THAT THE DISABILITY COMMUNITY COULD BE
MORE BROADLY DEFINED IN THE SCOPE OF THIS BILL, AND ALSO THE FACT THAT
THERE'S NO MINORITY APPOINTMENTS.
SO I'LL BE SUPPORTING THIS BILL, BUT AGAIN, JUST FOR THE
RECORD, WANTED TO POINT OUT SOME OF THE CONCERNS ABOUT THE BILL.
THANK YOU.
ACTING SPEAKER HUNTER: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF WE
COULD NOW GO TO OUR RESOLUTIONS ON PAGE 3.
ACTING SPEAKER HUNTER: PAGE 3, CALENDAR
RESOLUTIONS, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 464, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 18-24, 2025, AS EOSINOPHIL AWARENESS
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NYS ASSEMBLY MAY 13, 2025
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: MS. BUTTENSCHON ON
THE RESOLUTION.
MS. BUTTENSCHON: THANK YOU, MADAM SPEAKER.
AS A GRANDMOTHER OF A CHILD WHO WAS DIAGNOSED WITH
EOSIPHIC [SIC] ESOPHAGITIS, I RISE TODAY TO RECOGNIZE AWARENESS WEEK
FOR EOSIPHIC [SIC].
WITH THIS DISEASE, A TYPE OF WHITE BLOOD CELL BUILDS UP
IN THE ESOPHAGUS. THIS BUILDUP IS AN ALLERGIC REACTION TO SOME FOODS OR
ALLERGENS AND CAN CAUSE PERMANENT OR THREATENING -- OR LIFE-THREATENING
SYMPTOMS. EOE, AS IT'S BETTER KNOWN, AFFECTS PEOPLE OF ALL AGES AND
THERE'S NO EXACT CAUSE, AND AT THIS POINT, CURE. I ASK ALL TO RESPECT THOSE
WITH FOOD ALLERGIES, AS MANY ARE EQUATED TO LIFE-THREATENING DISEASES AS
THIS.
I AM HONORED TO CARRY THIS RESOLUTION TO RECOGNIZE ALL
THOSE, INCLUDING MY GRANDSON WHO TURNED THREE TODAY. SO HAPPY
BIRTHDAY, ALEXANDER. AND PLEASE ACKNOWLEDGE THOSE THAT FACE THESE
CHALLENGES.
THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. SLATER ON THE RESOLUTION.
MR. SLATER: THANK YOU, MADAM SPEAKER.
I JUST WANTED TO RISE AND OFFER MY SUPPORT FOR THIS
RESOLUTION. BOTH OF MY CHILDREN HAVE EOE. MY DAUGHTER, WHO IS NOW
FIVE, SHE HAD -- HER ESOPHAGUS WAS CLOSED TO 94 PERCENT AS A BABY.
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NYS ASSEMBLY MAY 13, 2025
AND DESPITE THOSE CHALLENGES, SHE WAS ABLE TO THRIVE, AND I WOULD
ARGUE SHE'S PROBABLY THE STRONGEST FIVE-YEAR-OLD AND THE MOST
RAMBUNCTIOUS FIVE-YEAR-OLD THAT YOU COULD POSSIBLY MEET. MY SON
CHARLIE, 9, HE WAS AT ABOUT 45 PERCENT CLOSURE OF HIS ESOPHAGUS AS
WELL. BUT THANKFULLY, DUE TO SOME GREAT MEDICATION, DUPIXENT, THAT
WAS DEVELOPED ACTUALLY IN WESTCHESTER COUNTY BY REGENERON, THEY ARE
BOTH NOW AT ZERO PERCENT AS OF THEIR LAST ENDOSCOPY.
AND SO, YES, THIS IS A CONDITION THAT IMPACTS CHILDREN
AND ADULTS ALL ACROSS NEW YORK STATE. ONE OF THE GREAT THINGS THAT WE
GET TO DO HERE AS A LEGISLATURE IS RAISE AWARENESS OF THESE TYPES OF
CONDITIONS, BUT IT IS SOMETHING THAT WE CONTINUE TO SEE INCREASE. BUT
JUST KNOW THAT THERE ARE SUCCESS STORIES OUT THERE. THERE IS HELP THAT'S
OUT THERE. AND THANKS TO OUR FRIENDS AT REGENERON, THERE'S VERY
EFFECTIVE MEDICATION THAT IS OUT THERE.
AND SO TO BOTH MY KIDS, THEY ARE LIVING EXAMPLES THAT
THEY CAN CONTINUE TO THRIVE DESPITE THEIR EOE DIAGNOSIS. BUT AGAIN, I
WANT TO THANK THE SPONSOR AND ALL MY COLLEAGUES FOR RAISING AWARENESS
ON THIS IMPORTANT ISSUE.
THANK YOU.
(APPLAUSE)
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 484, MS.
SOLAGES.
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NYS ASSEMBLY MAY 13, 2025
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 11-17, 2025, AS FIBROMYALGIA
AWARENESS WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 485, MR.
PRETLOW.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM MAY 2025, AS CERTIFIED PUBLIC ACCOUNTANTS
(CPA) MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER HUNTER: YES, WE HAVE BOTH.
HOUSEKEEPING.
ON A MOTION BY MS. LEVENBERG, PAGE 10, CALENDAR
NO. 73, BILL NO. A.2447-A, THE BILL IS AMENDED TO ITS ORIGINAL NUMBER
OF A.2447.
WE HAVE A NUMBER OF RESOLUTIONS, FINE RESOLUTIONS
BEFORE THE HOUSE. WITHOUT OBJECTION, THESE RESOLUTIONS WILL BE TAKEN
UP TOGETHER.
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NYS ASSEMBLY MAY 13, 2025
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 486-493
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT 11:00 A.M.,
WEDNESDAY, MAY THE 14TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER HUNTER: ON MRS. PEOPLES-
STOKES' MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON AT 5:38 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, MAY 14TH AT 11:00 A.M., THAT BEING A SESSION DAY.)
106