ALBANY WRAP-UP
ON-TIME BUDGET AND HISTORIC EDUCATION FUNDING

I am pleased to report that we approved a budget this year that is both timely and comprehensive. After years of battling and court cases, this year’s budget finally includes fair and ample funding for our schools, with record amounts of both capital funding and operating aid. The final budget also includes an additional $43.4 million to advance the Assembly’s plan to provide statewide universal pre-kindergarten. There are significant allocations for higher education programs as well, including an increase of more than $278.5 million in funds for SUNY and CUNY, continued funding of the Tuition Assistance Program (TAP), and increases of $3.1 million for higher education opportunity programs.

In May, after the tragic mass shootings at Virginia Tech, Assemblymember Rosenthal protested the lax state and federal laws that allow unfettered access to guns. Thirty-two protesters staged a “die-in” at Times Square, one for each of the 32 victims at Virginia Tech. Pictured here with Assemblymember Rosenthal are Jackie Kuhls, Executive Director of New Yorkers Against Gun Violence, two protesters, Edie Smith, President of New York State Chapter, Million Mom March, and Abigail Spangler, Founder of ProtestEasyGuns.com.

The budget takes notable steps toward improving health care coverage for the uninsured in New York. The budget raises the income limit to qualify for Child Health Plus to $82,600 for a family of four, the nation’s highest income ceiling for state-financed health care for children. Now, most of the 400,000 uninsured children in New York will be eligible for the program. The new funds for the program will also simplify enrollment in Medicaid for adults to address the fact that almost 1 million New Yorkers are eligible but not covered. Additionally, the budget includes funding for stem-cell research, vital in the search for cures to devastating illnesses like Alzheimer’s and Parkinson’s disease.

The budget includes many positives for New York’s environment, although there is room for improvement. The budget significantly increases the number of staff at the Department of Environmental Conservation (DEC), including staff for a new Office of Climate Change. I am also pleased that my former colleague Pete Grannis has been named commissioner of DEC and am confident that under his leadership, the DEC will be better able to conserve, improve, and protect New York’s natural resources and environment.

Overall, there were numerous victories in this year’s budget. Among the few budget process reforms was the itemization of legislative discretionary appropriations, also known as “member items,” in the budget. Until this year, the Legislature had appropriated annually up to $170 million to local programs and organizations, with no transparency whatsoever to the public. Not only was the public unable to find out which groups these taxpayer dollars were funding, they also were not able to ascertain which lawmaker was sponsoring the member item. I fully support disclosing these appropriations—the public has a right to know how their tax dollars are being spent, or in some cases, misspent.

P.S. 87 students take Assemblymember Rosenthal on a “tour” of their model of Central Park.

Despite small improvements in the budget process, deals and negotiations still largely took place behind closed doors and out of the public’s eye. This must change, and I am glad that Governor Spitzer has renewed his promise to open the process and promote civic engagement. Still, this year’s budget is a historic achievement, and I am pleased that we made significant progress in fully funding New York’s real priorities.

ASSEMBLY PASSES SAME-SEX MARRIAGE

I am pleased to report that the Assembly took a positive step toward marriage equality by passing a bill that would legalize same-sex marriage in New York State by a vote of 85-61. Although the Senate failed to act on the bill, I believe we have come a long way in pushing the debate on this issue. The fundamental right to marry who one loves is a civil right denied to hundreds of thousands of lesbian and gay couples in this country. Civil marriage confers 1,324 New York State and 1,138 federal rights and responsibilities that same-sex couples currently are denied, and which are not granted by civil unions. These rights include Social Security and pension benefits, hospital visitation rights, health insurance coverage and a myriad of other benefits. The Assembly’s bill respects the rights of clergy members by making provision that neither they nor religious institutions will be compelled to perform ceremonies for same-sex couples. The fight for equal protection of same-sex couples is certainly not over, but the Assembly’s passage of the Right-to-Marry bill was a major step forward.

Assemblymember Rosenthal greets Yvonne and Noel Holland and Joyce Searles at West Side Senior Day at the Museum of Natural History.

CAMPAIGN FINANCE REFORM

New York State’s campaign finance laws are notoriously lax and acknowledged to be among the weakest in the nation. Contribution limits are far higher than federal limits, loopholes allow unlimited amounts of cash to flow through parties’ “housekeeping” accounts, corporations are allowed to contribute unfettered by regulations and ordinary people see their access and influence dwarfed by those who can afford to spread around their largesse. In July, the broadest overhaul of the campaign finance laws in 30 years was agreed upon, but unfortunately the Legislature will not solidify the reforms until it reconvenes. The Assembly has passed legislation year after year to significantly lower contribution limits, ban soft money contributions, and create optional public financing, but these measures have always been blocked by the Senate. I believe we need truly sweeping changes to clean up the campaign finance system. In February, I announced a set of principles that I adhere to in my fundraising activities that go far beyond those under discussion for the state. I have promised to forgo holding fundraisers in the Capital region during the legislative session (a practice that persists despite widespread criticism), decline contributions from employees of private organizations that receive member item funds that I have sponsored, refuse transfers to my campaign account of soft money contributions, and decline contributions from Assembly staffers. Voluntarily eschewing fundraising methods that are available only to incumbents is just the beginning of the reforms I am working toward in the Assembly. I also support moving New York to a clean money, clean elections full public financing system, which provides candidates who agree to limit campaign spending a fixed amount of public financing. Such models have worked well in other states and should be tried here also.

Bipartisan Effort Provides Equity for Public Housing Residents on Public Assistance

In New York State, both private landlords and public housing authorities receive payments called shelter allowances to compensate for a portion of the rent that residents on public assistance cannot afford. For years, the New York City Housing Authority (NYCHA) has been shortchanged—for a family of four on public assistance, the State pays a private landlord a full $450 a month in shelter allowance, while giving NYCHA only $168 a month for the same family in the same situation. Not only is this discrepancy unfair because NYCHA bears the same costs as private landlords, but it has also helped to further plunge the authority into a crippling $225 million deficit. NYCHA has announced that due to its deficit, it plans to lay off 500 workers and reduce services at its developments, and possibly privatize or sell its buildings. A bill I co-sponsored that would grant NYCHA the same rent payments that private landlords receive was passed by the Legislature and signed by the Governor in mid-August. While this will not solve all of NYCHA’s financial woes, it will add approximately $62 million in rent revenue to the authority’s coffers. New York City public housing, which houses more than 500,000 New Yorkers, is the last truly affordable option for many low-income families.

Assemblymember Rosenthal, after posing as a tourist and checking into the Imperial Court, an illegal hotel on West 79th Street, joins with tenants and other elected officials to announce new city and state legislation to combat the illegal use of affordable rent-stabilized and SRO apartments as tourist hotels.

Not For Tourists: The Fight for Permanent Affordable Housing for New Yorkers

Landlords across the city, and particularly in Manhattan, have found a new way to score an extra buck and simultaneously erode the city’s rapidly diminishing affordable housing stock. They have been operating residential properties illegally as hotels by renting apartments to tourists on a daily or weekly basis, because it is more profitable than renting to long-term, lease-holding tenants. Other landlords, who want to empty buildings to more easily convert them to co-ops or condominiums, rely on the illegal hotel scam to make money until the apartments are sold.

Earlier this year, I posed as a tourist and booked a room in the Imperial Court, a residential single room occupancy (SRO) building located at 307 West 79th Street. My one-night stay in the Imperial Court is part of an ongoing court case against the landlord of this building, who continues to deny that he rents rooms on a nightly basis to tourists.

The illegal conversion of these units into hotel rooms threatens affordable housing: many of the apartments taken off the housing market in this manner are regulated, and long-term tenants are often harassed into leaving to make room for the more profitable hotel business. The rooms are frequently booked over the Internet by unsuspecting tourists who do not realize they are contributing to the loss of affordable housing.

In September, a New York State Supreme Court Justice issued a precedent-setting injunction to Jay Podolsky, a notorious landlord of three SROs on West 94th and 95th Streets, ordering him to cease renting apartments to transients. As of print time, the status of the injunction continues to be argued in court. I am hopeful that the courts will decide in favor of the tenants in these buildings, who have had to endure a constant parade of strangers checking in and out of buildings at all hours, jeopardizing safety and tearing apart the community fabric of once-neighborly buildings. I am working closely with tenants living in buildings that have been illegally converted to hotels to count the number of rent-stabilized and SRO units lost to this pernicious practice. If you are interested in joining these efforts, please call my district office at 212-873-6368.

Assemblymember Rosenthal speaks out a rally, urging reform of owner-occupancy eviction rules, which have led to controversial cases across the city in which owners have evicted long-time tenants in order to occupy as many as 15 and 20 apartments in one building.

Seeking Change at DHCR

The Division of Housing and Community Renewal (DHCR) is the state agency charged with overseeing the state’s rent-regulated housing stock and enforcing the Rent Stabilization Code. During the 12 years of the Pataki administration, DHCR’s rulings constituted a virtual grab-bag of policies skewed in favor of landlords. I was pleased this January when Governor Spitzer appointed Deborah VanAmerongen, an Upper West Sider, as Commissioner of DHCR. Already we have seen promising changes in the decision-making and transparency of the agency, as well as a clear willingness to work with elected officials and the housing advocacy community on righting the wrongs of the last decade. To that end, I have teamed up with some of my colleagues in the State Legislature and City Council as well as advocates from citywide housing groups to help DHCR identify needed agency reforms, including beefing up audits and data collection, and rewriting provisions within the code to restore fairness. Already DHCR has taken steps to improve its public information and transparency by updating its website. While change cannot come in one day, I am optimistic from my conversations with the Commissioner and some of her newly appointed staff that DHCR will soon be a more judicious and rational agency.

Property Tax Relief for Co-Ops, Condos, and Homeowners

Co-op and condominium owners in New York City have long faced inequity in their property taxes, which are often two and three times the tax bills for one- and two-family homes. The Legislature passed an important measure to provide relief to those eligible homeowners this year. The measure extends a $400 per household tax relief program for an additional three fiscal years. This property tax rebate is available for eligible middle-income home, co-op and condominium owners and will benefit an estimated 640,000 owners. In conjunction with the estimated $1.4 billion that New Yorkers will receive this year from the STAR tax credit program, the additional rebate provides New York City’s homeowners with significant relief to help make New York City a more affordable place to live. I am pleased to report that the Governor signed the legislation approving the three-year tax relief program in mid-August. I will continue to work on addressing the deeper inequity of the tax classification system by ensuring that we continue to press for a larger overhaul of these outdated laws.

Bringing Orders of Protection Up to Speed

Last month, Governor Spitzer signed into law a bill I authored that will expedite the service of orders of protection for victims of domestic violence. The pilot program authorized by the bill will allow orders of protection to be filed electronically or by facsimile transmission in nine counties around the state, including New York County. Victims of abuse and assault at the hands of a spouse or partner are especially vulnerable to repeat attacks, and expediting the service of an order of protection can sometimes be the difference between life and death. The current process of filing and serving an order of protection can take as long as three weeks during which the victim must go unprotected. This law improves the way we protect victims of domestic violence by ensuring that we use up-to-date technology and the fastest, most effective means available in issuing orders of protection.

Closing the Loophole on Fur Faux-Pas

I am pleased to announce passage of a consumer protection bill I authored that requires all fur-bearing garments to be labeled “real” or “faux.” An investigation by the Humane Society of the United States revealed that in a nationwide sample of laboratory-tested fur-trimmed jackets by major designers and retailers, 80% contained raccoon dog fur that was mislabeled as faux fur, raccoon, or not labeled at all. Raccoon dogs are native to China and are often skinned alive for their fur. Consumers who choose not to wear fur should be able to make that choice on good information. At the moment, federal fur labeling laws exempt proper labeling of garments containing fur of roughly $150 or less in value. Garments falling into that category have in some cases been labeled as “faux fur” or not labeled at all. The bill I passed closes this loophole and requires disclosure on all products containing fur. More people buy fur in New York than in any other city in the country. Because of New York’s large market share, this bill could have a national impact on consumer labeling of fur. This bill was endorsed by both consumer and animal protection groups, passed the Senate and Assembly overwhelmingly, and was signed into law in mid-August.

Assemblymember Rosenthal leads a group of Upper West Siders to test and evaluate new voting machines at a NYC Board of Elections display.

Privacy in Medical Decision Making: Health Proxies

Individuals deserve to have their health care wishes honored, yet a large majority of New York residents do not have a health care proxy for times when they cannot express their health care preferences. As a result, their wishes are often unknown, and they might be given medical treatment that they would not want or not given treatment that matches their choices. Therefore, I passed into law a bill that requires the State Department of Health to conduct education and outreach programs for consumers, patients, and health care providers relating to health care proxies. The law also stresses the need and importance for health care providers to play a leadership role in discussing end-of-life care preferences and values with patients and to provide patients with health care proxy forms. Ultimately, this law will help New Yorkers stay in control of personal medical decisions.

Tough New Law On Human Trafficking

One of our major accomplishments in the recent legislative session was passing a long-awaited, comprehensive, and hard-hitting law to crack down on human trafficking. Around the world, up to twelve million people, mostly young women and children, are affected by this crime, which is essentially a form of modern-day slavery. Hundreds of thousands of people hoping for a better life are lured into this country each year and defrauded or forced into labor or commercial sexual exploitation. New York State, with its rich economy and currents of immigration and travel, has become an epicenter of such illegal activity. With the passage of the Human Trafficking Bill of 2007, one of the toughest measures in any state, law enforcement agencies are empowered to track down and prosecute this practice. Equally as important, the victims of human trafficking, who have too often been treated as guilty parties, will be provided with a wide range of services to help them rebuild their lives.

Rosenthal Introduces Bill to Raise Judicial Pay

In recent years, it has become increasingly clear that the system for compensating our state judiciary is blatantly unfair. New York has one of the finest judiciaries in the nation, and we must ensure that it remains so. Without providing adequate support and compensation to judges, however, we risk jeopardizing the quality of jurists on the bench. Since 1999, state judges have not received a single raise, not even a cost-of-living adjustment. This situation could lead to many excellent judges leaving the bench for the private sector, as well as seriously undermining New York’s ability to compete in attracting the brightest lawyers to serve as judges. I fully support Chief Judge Judith Kaye’s position that our judges are long overdue for a raise, and that in order to permanently take politics out of judicial compensation, we need an independent commission to evaluate pay raises on a regular basis. I have sponsored a bill in the Assembly that would provide for increases in state judicial salaries across the board, would grant salary increases retroactively from 2005, and would establish a quadrennial commission to study future increases objectively.

Greening Public Buildings

Public agency buildings in New York State are some of the largest consumers of energy in the state. The Assembly has worked to regulate the amount of resources that these buildings use by passing the State Green Building Construction Act. This bill, which I co-sponsored, will require that state agencies implement green building practices for all new construction and large renovations of buildings. Green buildings use less energy, more recycled materials and cost less for the state to maintain. Additionally, I passed a bill in the Assembly to add the elimination of wasteful artificial night lighting to the state lighting efficiency standards. Unnecessary use of artificial night light wastes harmful fossil fuels and may cost between $3.5 and $4 billion a year nationally. The amendment I have proposed to the current energy law will eliminate this wasteful use of night lighting.

Assemblymember Rosenthal sponsors

ELECTRONICS RECYCLING DAY
Sunday, October 14 • 10 AM – 3 PM
230 West 72nd Street

Bring old computers, televisions, monitors, printers, cell phones, copiers, radios, cables and calculators to be recycled.

Suggested contribution: $1 per item