New York State SmartTranscripts:

[Acting President (Presiding Officer)]: The senate will come to order. I ask everyone to please rise and recite the pledge of allegiance. In the absence of clergy, let us bow our heads in a moment of silent reflection or prayer. Reading of the journal.

[Secretary of the Senate (Reading Clerk)]: In senate Tuesday, 03/31/2026, the senate met pursuant to adjournment. The journal of Monday, 03/30/2026 is read and approved. I'll motion the senate adjourn.

[Acting President (Presiding Officer)]: Without objection, the journal stands approved as read. Presentation of petitions, messages from the assembly of the secretary will read.

[Secretary of the Senate (Reading Clerk)]: Senator Harkom moves to discharge from the committee on investigation and government operations, assembly bill number 10,080 b, a substitute for the identical senate bill ninety twenty c, third reading count to five thirty two. Senator Fernandez moves to discharge from the committee on cultural affairs, tourism, parks, and recreation, assembly bill number seventy thirty three d, a substitute for the identical senate bill sixty four eighty seven c, third reading counter five sixty five. Senator Hinchy moves to discharge from the committee on code, assembly bill number eighty four ninety two c, substitute for the identical senate bill eighty twenty one c, third reading calendar six eighteen.

[Acting President (Presiding Officer)]: So ordered messages from the governor, reports of standing committees, reports of select committees, communications reports from state officers, motions and resolutions. Senator Gianaris.

[Senator Michael Gianaris]: Good morning, mister president. On behalf of senator Baskin, on page seven, offer the following amendments to calendar one eighty, senate 6,009, and ask that senate bill retain its place on the third reading calendar.

[Acting President (Presiding Officer)]: The amendments are received and the bill retain its place on the third reading calendar.

[Senator Michael Gianaris]: I also wish to call up the following bills which were recalled from the assembly are now at the desk, senate bills eighteen forty seven, fifty three forty b, and forty four zero eight.

[Acting President (Presiding Officer)]: The secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number one forty one, senate print eighteen forty seven by senator Conroy, enactment of public service law. Calendar number two sixty one, senate print forty four zero eight by senator May, enactment of the environmental conservation law. Calendar number three eleven, senate print fifty three forty b by senator Savicki, enact to amend the education law.

[Senator Michael Gianaris]: To reconsider the vote by which these bills were passed.

[Acting President (Presiding Officer)]: Secretary will call the roll on reconsideration.

[Secretary of the Senate (Reading Clerk)]: Adabo, Genarus Krueger, Ortz, Zellner. Ayes, 59.

[Acting President (Presiding Officer)]: Bill is restored to its place on the third reading calendar. I offer the following amendments. The amendments are received.

[Senator Michael Gianaris]: Please recognize senator Hinchy for an introduction.

[Acting President (Presiding Officer)]: Senator Hinchy for an introduction.

[Senator Michelle Hinchey]: Thank you, mister president. When Benjamin Franklin walked out of the constitutional convention and Independence Hall, he was asked if our new government would be a republic or a monarchy. His reply was both a promise and a warning wrapped into one, a republic if you can keep it. Franklin understood that for our great experiment to succeed, government could not survive on its own. It would need people, ordinary people. People willing to show up, speak up, and hold their representatives to account. That was 1787. Nearly two hundred and fifty years later, those principles still persist, and the students who are here with us today uphold them in a way that should inspire us all. We are joined in the gallery by students from the Democracy Matters Club at Emma Willard School in Troy, including one of my constituents, Fiona Kelly from Hudson. Democracy Matters was founded in 2001 by NBA player Adonel Foyle and his parents, Joan and Jay Mandel, who also happened to be constituents of mine from the Hudson Valley. They built this incredible student like led organization on a simple idea. Civic engagement is for everyone, and especially for young people who deserve a voice in shaping their futures right now. This year alone, students have led discussions with their peers on the importance of free and fair elections. They have written to their elected representatives, and they have raised their voices on so many issues that are important to them. From advocating for the right of to of 17 year olds to preregister to vote, to demanding human rights and dignity in our immigration system. They have sounded the alarm on the climate crisis and the urgent need to protect our environment, and they have wrestled with the hardest questions on foreign policy and international conflict. They did not wait to be invited into these conversations. They have grasped something that takes most people years to understand. That democracy is as powerful as it is fragile, and it is not a spectator sport. It is imperfect, and it only works when people fight for it, generation after generation, relentlessly in pursuit of the greater good. To the students here today, thank you for your courage and your conviction. We need more people like you fighting for a world that's better, more inclusive, and more accountable. And thank you to the club advisor who is here with them today. To, mister president, I ask you to extend the privileges of the chamber and please ask them to be recognized. Thank you all so much for being here.

[Acting President (Presiding Officer)]: Thank you, senator Hinche. To our guests, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please rise and be recognized. Senator Gionnaires.

[Senator Michael Gianaris]: Now please recognize senator Rollison for another introduction.

[Acting President (Presiding Officer)]: Senator Rollison for an introduction.

[Senator Rob Rolison]: Thank you, mister president. Today, we are joined by an individual who will be retiring very shortly in about thirty days, from Dutchess County government, after three decades of service to our community and and to the state. And, that is assistant county executive Ron Hicks, who is here with us, in the gallery. I have known Ron Hicks for decades myself. And Ron Hicks has always been the individual, no matter where he was serving for whom he worked for, he was there for the community. And what Ron has been able to do in thirty years, it may take some of us fifty years to do. And he has worked on both sides of the aisle. He is a good government person and, of course, a dear friend. And, I wanted just to to note, some of Ron's accomplishments. Of course, there are volumes of accomplishments, and there are accomplishments that we don't even know about because he's never seek recognition for any of them. But he previously served, mister president, as the district director for the late assemblywoman Eileen Hickey, who served the assembly, from Dutchess County with unbelievable distinction. And he was also a deputy county clerk in Dutchess County. He was the regional director for governor Pataki. He was also the regional director for the Empire State Development Corporation. And, of course, he has done so much as the assistant county executive in Dutchess County for essentially economic development. And I remember I was in the county legislature when Ron was hired for that position. And it was said to us at the time, you know, we needed a Ron Hicks to come in to county government to be that point person to unclog things with the multiple county agencies. And Ron would be the individual to call if you had a problem with the health department or or any DPW. We can go right on down the list, and he would try to make things happen, of course, in in a good government way. And he did that, mister president, for so many years. And we were just talking off the floor, and he was telling me about a picture that he has of my dad from 1995 at an event up in Statsburg with the late James Earl Jones. And so Ron has traveled with all kinds of people to do good things. And he's here today. He was honored earlier, in the state assembly. And I'm gonna leave, Ron, and mister president and my colleagues and friends here in the chamber with this. You know, Ron, in his official acts, was governed by a keen sense of duty, and he always showed a unique grasp of human problems. Mister president, again, it is it is my honor to have Ron Hicks here today in the New York state senate, and I would ask you to extend all the courtesies of this house for him today. Thank you, mister president.

[Acting President (Presiding Officer)]: Thank you, senator Rollison. To Ron and his family, we welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please rise and be recognized. We thank you for your service. Senator Gionnaires.

[Senator Michael Gianaris]: Alright, mister president. Let's move on to previously adopted resolution sixteen eighty one by senator Steck. Read its title and call on senator Steck, please. Secretary Will Reed.

[Secretary of the Senate (Reading Clerk)]: Resolution sixteen eighty one by senator Steck congratulating the Possum Central High School girls hockey team upon the occasion of capturing the New York State Public High School Athletic Association girls hockey championship.

[Acting President (Presiding Officer)]: Senator Steck on the resolution.

[Senator Dan Stec]: Thank you, mister president. Good morning, and all. Absolutely delighted anytime you get a chance to welcome constituents down here to our chamber, especially young people, people that have achieved something that they're gonna remember the rest of their lives. They made their family and their community proud. They worked hard. They had an outstanding season. The Potsdam Lady Sandstoners are this year's public high school ice hockey champions. They defeated Adirondack United, another team down my way that I shared with senator Tedesco to who was the two time defending state champion, but they beat them for the state championship back on February 21, my birthday. It's in the score of three to two, and, it was just wonderful to meet them outside, earlier before, before session started. But again, you know, to pause and just recognize the achievement of these young ladies, that come from a hockey town. Potsdam's known for having great hockey, both at the high school and collegiate level. And certainly having them down here with a fantastic record, eighteen, two and three, think it was, or three and two, two and three. They avenged an earlier loss to Adirondack United in the state championship, so I know that that probably made that victory even sweeter. But, you know, mister president, through you, if you would please congratulate them and give them the cordialities of the house as we commemorate the Lady Sandstoners two thousand twenty six girls ice hockey state championship. Thank you.

[Acting President (Presiding Officer)]: Thank you, senator Steck. To our champions, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please rise and be recognized. The resolution was adopted on March 5. Senator Gionaris.

[Senator Michael Gianaris]: I'm told that senator Steck would like to open that resolution for cosponsorship.

[Acting President (Presiding Officer)]: Resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk. Senator Gionaris.

[Senator Michael Gianaris]: Please take out the calendar.

[Secretary of the Senate (Reading Clerk)]: Secretary Will Reed. Calendar number 252, center print 8440 a by senator Fahey, enact from the highway law. Read the last section. Section three, this acts will be conducted immediately.

[Senator Jack M. Martins]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. GNR Scruggler Oortz, we're cutting zap.

[Acting President (Presiding Officer)]: Senator Fahey to explain her vote.

[Senator Patricia (Pat) Fahy]: Thank you, mister president. I rise today to with a a vote on this bill. It's a renaming of a local bridge and I just would bear repeating a a few comments I'd made earlier regarding, sergeant Henry Johnson who has been such an extraordinary local, if not regional, hero. He first enlisted in World War one in 1917 into a segregated all black fifteenth National Guard regiment, which was the three hundred and sixty ninth US Infantry Regiment, which ultimately was referred to as the, Harlem Hellfighters. While on duty in France in 1918, his party came under attack by a German raiding party. They were completely outnumbered. He alone fought off with his rifle because all of his party, his side was injured. He fought using his rifle, then used it as a club, then used a bolo knife in hand to hand combat. He suffered 21 injuries yet held off the entire raiding party. A fast forward 80 it took eighty years for him to even get Purple Heart, although he was given the highest distinction and honors in France at that time. Eighty years before he got the Purple Heart, 2002, he finally received the Distinguished Service Cross. And in 2015, almost a century later, with advocacy from so many including senator Schumer, he was finally awarded the Medal of Honor, our nation's highest military award. In 2023, a bipartisan congressional delegation renamed a confederate named Louisiana, Fort from Fort Polk to Fort Johnson in his honor. Very sadly, last year, president Trump took that name off the fort, reverted it to its old name of Fort Polk with a different, a different enlisted individual, by the name of Polk. It's after a century of advocacy to right the wrongs of history, it's been a painful chapter. Our way of making amends on that since we can't change those federal actions is to elevate his legacy and his name here in the capital region by renaming the Patroon Island Bridge right here, in Albany, connects to Rensselaer County, after the Medal of Honor recipient, Sergeant Henry Johnson Memorial Bridge. It is a way to try to preserve this extraordinary history and make sure that, we honor this extraordinary hero despite the attempts to rewrite history at the at the national level. It's it just bared repeating. Thank you for, bearing with me again on this. It is just incredibly important, and I'm just so proud to have been a sponsor of this bill with so many. And I with that, I vote in the affirmative. Thank you, mister president.

[Acting President (Presiding Officer)]: Senator Fahey to be recorded in the affirmative. Senator Ashby to explain his vote.

[Senator Jake Ashby]: Thank you, mister president. I rise to explain my vote and thank, the sponsor for this legislation. Wounded 21 times, kept his comrades from being captured, and kept the Germans from advancing, and then died at the age of 29 or 36, excuse me, in 1929. A remarkable life, a remarkable achievement that went unnoticed for too long. And in this chamber today, we solidify his memory here in New York State and in the Capital district with the renaming of the Petrone Island Bridge to the Sergeant Henry Johnson Bridge. And it's something that I'm very proud to cosponsor, to think of the lives of our veterans and what they stand for, their sacrifices, and what their families have endured, And what sergeant Henry Johnson did at that time, to think that he was awarded the Purple Heart in 1996, so many decades after his sacrifice. It's painful to think about, but what we're doing here today is a remarkable accomplishment, and I'm proud to vote aye. Thank you.

[Acting President (Presiding Officer)]: Senator Ashby, to be recorded in the affirmative, Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter two fifty two voting in negative, senator Brisport. Ayes 58, nays one.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Counter number five thirty two, assembly number 10,000 ADB by assembly member Weeder, enact to win the public officers' law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two of this act should be effect immediately. Call the roll. Adabo, GNR Skruger, or Sukhan Zona.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar five thirty two, voting in negative center of Brisport. Ayes, 58. Nays, one.

[Acting President (Presiding Officer)]: Bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 565, assembly number 733 d by assembly members Zuccaro, an act from the art the arts and cultural affairs law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act should be checked immediately. Call the roll. Adabo, GNR Skruger or Sukadan Zellner.

[Acting President (Presiding Officer)]: Senator Fernandez to explain her vote.

[Senator Nathalia Fernandez]: Thank you so much, mister president. This is an exciting bill. As I've mentioned before, the greatness of The Bronx and the beautiful diversity that we are, we have the community of Little Yemen in the neighborhood of Van Ness. And this community has grown exponentially. It is so vibrant. It is so beautiful in in what it's been able to do, reflecting the American dream when immigrants come to to New York, in this country to build a better life, to build community, to build identity, and Little Yemen has built itself to be a community that we cannot forget, we cannot over see, we cannot overlook. They are a community that has stood up to, violence, if you will. When the first Muslim ban was enacted, to our country, they started the bodega strike, to show that we will not take this, this this this hate to our communities. Little Yemen is a community that has opened its doors to many, that has created, opportunity for many. The many businesses that have grown and developed and opened thousands of jobs, the economic boost to the neighborhood. Not only do we have great restaurants, but we have clothing stores, we have, community centers, cultural hubs, and soon the biggest mosque that will come to the state, is to open in Little Yemen. So this this this cultural district is now going to recognize Little Yemen as a place that we welcome everyone to come see. We welcome business. We welcome tourism, But we thank the Yemen community for their contributions to not only the Van Ness neighborhood, but to this state in showing that all things are possible and we can see prosperity grow in some of the darkest times. So thank you. I proudly vote aye.

[Acting President (Presiding Officer)]: Senator Fernandez, to be recorded in the affirmative, announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar five sixty five, voting a negative, Senator Walton. Ayes 58. Nays one.

[Acting President (Presiding Officer)]: Bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number five seventy nine, senate print 02/1948 by Senator Adabo, enact too many assurance law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section five is asked for the effect immediately.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, genaras, Kruger, Ort, Sukad, and Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter five seventy nine, vote in a negative r, senators Barrelo, Gallivan, Ort, O'Mara, and Walzik. Ayes 54 and ayes five.

[Acting President (Presiding Officer)]: Bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number May, center print 5047 by senator Bailey, enact them in the insurance law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action will take effect immediately. Call to roll. Adabo, Gnars Kruger, Ort, Zilke, and Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 59. The bill is passed. Calendar number 583, senate print fourteen sixty two by senator Kavanaugh, an act to amend the public authorities law.

[Senator Dan Stec]: Lay aside.

[Secretary of the Senate (Reading Clerk)]: Calendar number 601, senate print fifty five thirty five by senator Baskin, an act to amend the executive law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section six is action taken effect one year at the shall become a law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Dabo, GNR's Kruger, or Sukhanzong.

[Acting President (Presiding Officer)]: Senator Baskin to explain her vote.

[Senator April N. M. Baskin]: Thank you, mister president. Years ago when I served as the chair of the county legislature, I gaveled out of a session and proceeded across the street from County Hall to our County Services Building where I encountered a woman and her young son. The woman did not speak English. She spoke her language to her young son and then he in turn asked me, miss, what door do we go through so that we can sign up to get food? I instructed them on what was the proper door to go through and what floor that they needed to go through. Of course, to the little boy who then explained to his mother and his language. At that time, I realized the hour of the day and how young that little boy was and that he was likely supposed to be in school, learning, getting educated, socializing with his friends, learning how to be a contributing member of society. But he was there at the County Social Services Building trying to help his mother navigate a way to get food. Mister president, this bill before us today expands on a previous action that this honorable body has taken to provide language access services across the state of New York. This bill will ensure that all agencies of the state are included, not just those under the governor's purview. It provides services in the top 12 languages statewide and the top three languages in each region, ensuring access reflects local communities. In Western New York, where I represent, some of the most prominent languages include Arabic, Chinese, Bengali, Hindi, Swahili, and Somali. 11% of Erie County residents speak a language other than English at home, and in the city of Buffalo, that number is 20%. This bill recognizes the diversity of New Yorkers, but also its legislation it recognizes that legislation is not one size fits all, and that cannot be done in a successful state. Legislation must fit the realities of each region, and I am happy that this bill does that. This bill is not only good for public service for our residents, but it is also an investment into our residents who are seeking to be a part of New York's economy. We want people seeking jobs to be able to navigate the New York State Department of Labor's job list. We want people to be able to understand their legal rights. And we want our children, many of whom unfortunately act as informal interpreters for their families. We want them to be able to be focused on their education, to establish themselves as first generation New Yorkers instead of having to be pulled out of the classroom to help their families fill out an application or speak with a caseworker during an appointment. Mister president, I want to acknowledge all of the advocates who have pushed for this bill time and time again. Many people who speak limited English or who need an interpreter to feel heard that government is not here for who feel unheard. They feel that government is not here for them. They feel that government is not here to support them. Or even worse, they feel that government is here to punish them. But I hope that this bill instills some hope and some confidence that we here in this honorable body and in New York will represent and respect all people who call New York home with dignity in their preferred language. This body passed this critical legislation last year and I rise today to urge my colleagues in the assembly to do the same this session, to show all New Yorkers that they deserve a government that is accessible, a government that is respectful and responsive to everyone in their native language. I vote in the affirmative, mister president, and I encourage all of my colleagues to do the same. Thank you.

[Acting President (Presiding Officer)]: Senator Baskin, to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar six zero one, vote in a negative are Senator Barello, Kansas Eiffers Patrick, Helman, Martins, Matera, O'Mara, Rhodes, Stett, Walzwick, and White. Aye, 15 ace, 10. The bill is passed. Calendar number 605, senate print eighty forty six a by senator Bino, an act to amend the Emergency Tenant Protection Act.

[Acting President (Presiding Officer)]: Read the last section. They will be laid aside.

[Secretary of the Senate (Reading Clerk)]: Calendar number six twelve, senate print thirty five nineteen by senator Scarcella Spent, an act to amend the penal law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act shall defect the meeting. Call the roll. Adabo, g n r s kruger, or Zuylkovn Zellner.

[Acting President (Presiding Officer)]: Senators Garcella Spanton to explain her vote.

[Senator Jessica Scarcella-Spanton]: Thank you, mister president. With technology developing rapidly, our current laws do not account for the various new ways that predators can now stalk, intimidate, and control individuals. From Apple tags to Find My iPhone, there are countless ways that a person can find your location and predators are exploiting legal loo loopholes to get away with tracking someone's movements. For far too long, people who have dealt with this have lived in a state of fear of someone accessing their location through technology and with no avenue for recourse. Those who've done this have been able to avoid proper accountability. My bill redefines the term following for a crime of stalking in the fourth degree to include the use of a certain devices or computers to gain access to record, track, report the movement or location of a person and their property without the person's permission or knowledge to do so. By broadening this definition, we sent a clear message that technology assisted stalking is just as damaging to a victim's mental, physical, and emotional well-being as traditional forms of stalking are. By passing this legislation, we are taking a crucial a crucial step forward in keeping our constituents safe and taking the things that they've gone through seriously. Thank you again to my colleagues and I proudly vote aye.

[Acting President (Presiding Officer)]: Senator Scarcellus Banton, to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: Aye. 60. The bill is passed. Calendar number six fifteen, senate print forty seven seventy six by senator Ryan, enacting the penal law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section four, this act will take effect on the sixtieth day, which shall become a law.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, Junaud's Cooper, or Sukhan Zelman.

[Acting President (Presiding Officer)]: Senator Ryan to explain his vote.

[Senator Sean M. Ryan]: Thank you, mister president. So this legislation, addresses a very serious growing public safety concern, which is the rise in false reports involving weapons, particularly incidents that mimic active shooter or violent threats. Instances of falsely reporting a critical emergency, otherwise known as swatting, have increased exponentially across the state. These situations don't just strain emergency systems. They send a very, very frightful ripples through our entire communities. Parents get the call that their child's school is in lockdown. Students are left frightened and confused in classrooms while families sit in fear waiting for answers. That kind of trauma doesn't just disappear when the all clear is given. You know, this sort of trauma stays with students, parents, and educators long after this fake incident has occurred. Under current law, falsely reporting fires, explosions, or hazardous materials releasing around schools of crime. However, this statute has not kept pace with the reality that we face today. This bill provides law enforcement and prosecutors with the tools they need to respond appropriately and, more importantly, deter this dangerous behavior in the future. It also strengthens protections for our schools by making clear that false threats involving weapons on school grounds will be treated with the seriousness that they deserve. At a time when students, parents, and educators are already on edge, we must ensure as lawmakers that those who intentionally cause fear and disruption are held accountable. Need to hold people accountable for doing this. I thank my colleagues for my consideration, and I vote aye. Thank you.

[Acting President (Presiding Officer)]: Senator Ryan to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: Aye. 60. The bill is passed. Calendar number 618, assembly number 8492 c by assembly member Weppard, an act to amend the executive law.

[Acting President (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act should take effect on the sixtieth date if the job come along. Call to roll. Adabo. Gene RS Kruger, Ort, Sukad, and Zelner.

[Acting President (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar six eighteen, vote in a negative. Senator Brisport, ayes 59, nays one.

[Acting President (Presiding Officer)]: The bill is passed. Senator Gianaris, that completes the reading of today's calendar.

[Senator Michael Gianaris]: Let's take up the controversial calendar, please.

[Secretary of the Senate (Reading Clerk)]: Secretary will ring the bell. Secretary will read. Calendar number 583, senate print 14 60 two by senator Kavanaugh, an action of the public authorities law.

[Acting President (Presiding Officer)]: Senator Lanza, why do you rise?

[Senator Andrew J. Lanza]: Mister president, I believe there's an amendment at the desk. I waive the reading of that amendment and ask that you recognize senator Rhodes. Thank you, senator Lanza. Upon review of

[Acting President (Presiding Officer)]: the amendment and in accordance with rule six section four b, I rule it non germane and out of order.

[Senator Andrew J. Lanza]: Accordingly, mister president, I appeal the ruling of the chair and ask that senator Rhodes be heard on that appeal.

[Acting President (Presiding Officer)]: The appeal has been made, recognized, and senator Rhodes may be heard.

[Senator Steve Rhoads]: Thank you, mister president. I rise obviously to appeal the ruling of the chair. This, amendment, is certainly germane to the bill in chief as the bill in chief intends to promote housing afford promote housing affordability not yet. Promote housing affordability. And the amendment deals with the very issue of affordability that is critical here in the state of New York. Now during the resolutions, we heard about Benjamin Franklin, and I wanna take you back. Obviously, this year, we are celebrating the two hundred and fiftieth anniversary of the declaration of independence and the founding of The United States Of America. But the American Revolution really started in earnest. Some would say the battle of Lexington and Concord in 1775. Some would say that it may the seeds of it may have started as far back as 1765 in the Stamp Act, but really 1773 when a group of patriots dumped tea into Boston Harbor a couple of 100 miles to our east over a 6% tax that was imposed on the colonists for every pound of tea that was sold. 6%. This chamber, this government under one party rule in the state of New York over the course of the last eight years has done far worse than 6%. When you look at what we are spending, we are spending one for $100,000,000 more. Not a 6% increase, but an over 60% increase in just the last eight years in the amount of money that we are taking from our New York state taxpayers, the amount of money that we are taking for our economy. That equates to $5,000 for every man, woman, and child in the state of New York. Think about that. The difference between then and now is that king George recognized way too late. Patriots rose up, and they defeated Great Britain because they had nowhere else to go, and they fought for their homeland. The difference today under the monarchy of one party rule here in the state of New York over the course of the last eight years is that New Yorkers do have other places to go, and they are going. We are fighting a revolution here in the state of New York, but that revolution is not being fought with rifles and with bayonets. That revolution in the state of New York is being fought with cardboard boxes and moving vans. As New York state has lost more than a million people just since 2020 alone according to the Empire Center. We are anticipated to lose over the course of the next fifteen years another 2,000,000 of our citizens, losing two congressional seats potentially in the next census. People are voting with their feet, and they are leaving New York state for lower tax states like Texas and Florida who have seen increases in population contrary to our decreases of two point nine million and one point six million respectively. It is time for us to recognize that the problem with affordability in the state of New York is us. We are the highest taxed state in the nation. In tax affordability, this state has been ranked dead last, and you are seeing the results every day. This amendment, sponsored by the Republican conference, which I had the honor of introducing, is bill s nine one one zero. That is a taxpayer rescue act. And while over the course of the last eight years, we have been taking $5,000 from every man, woman, and child in the state of New York, this Taxpayer Rescue Act would be the single largest personal income tax cut in the history of the state of New York. Phased in over ten years, it would actually low it would actually eliminate state income tax from the first $50,000 of income for single filers, $75,000 for single head of household, and the first $100,000 of income from state income tax for every single family in the state of New York. And we do that not by drastic cuts, but by reversing the trend of the last eight years and limiting the rate of growth in the New York state budget. Every other municipality in the state of New York has to live by a spending cap. In fact, by the way, before one party rule took hold in 2019, our budgets were limited by the spending cap. That has gone by the boards. And you have seen the $100,000,000 increase, 60% increase in the amount of money that this state spends. Phased in over ten years, this would actually save the average family in the state of New York $5,000. And if you think that that doesn't matter, this isn't a one time gimmick. We're not talking about an inflation rebate check for $203,104 $100 that happens one time. We are talking about real sustainable tax relief for every single New York family, and this matters in each and every one of our home districts. You realize that the average median income family median income in the state of New York is $85,000. And by this amendment today, what you have the opportunity to do is at the end of this phase in, the average family in the state of New York will pay no New York state income tax. It is affordable. It is responsible. It is reliable, and it is exactly the relief that taxpayers across the state of New York are calling for and is something that could actually help save this state. This approach ensures affordability without shifting the tax burden elsewhere. It is time for the members of this chamber to recognize that it is the right move at the right time to help save our state. And so in 56 out of the 62 counties in this state, that means that the average resident, the average family will pay no New York state income tax. Mister president and to the members here, as soon as I sit down, you're going to be told that this is a vote on the procedures of the house. And I know that that's the standard line. But understand that when you're voting today and you're voting for or against this particular amendment, you are voting for whether or not the residents in Orange, Putnam, Albany, Ulster, Onondaga, Schenectady County, You are voting on whether or not you are going to put $5,000 back into the pockets of those families, not just one year, but every single year. Mister president, I can think of nothing more germane when we're talking about affordability, and germane this means relevancy. For the future of the state of New York, I can think of nothing more relevant than this bill, s nine one one zero, the taxpayer rescue plan, which we need to pass in order to rescue hardworking New Yorkers from Albany's tax chaos. Thank you, mister president.

[Acting President (Presiding Officer)]: Thank you, senator. I wanna remind the house that the vote is on the procedures of the house and the ruling of the chair. Those in favor of overruling the chair signify by saying aye. Aye.

[Senator Andrew J. Lanza]: Show of hands. A show of

[Acting President (Presiding Officer)]: hands has been requested and so ordered. Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes. 22. The ruling of

[Acting President (Presiding Officer)]: the chair stands, and the bill in chief is before the house. Senator Martins, why do you rise?

[Senator Jack M. Martins]: Mister president, I was wondering if the sponsor would yield for a few questions.

[Acting President (Presiding Officer)]: Will the sponsor yield?

[Senator Brian Kavanagh]: Happily, mister president.

[Acting President (Presiding Officer)]: Sponsor yields.

[Senator Jack M. Martins]: Thank you, mister president. Mister president, through you, would you tell us what the median income is for a household in Battery Park City?

[Senator Brian Kavanagh]: Through you, mister president, I don't have the current, latest data from the most recent census available to me, but I think it's roughly about 200,000 per year for the 16,000 residents of Battle Park City.

[Senator Jack M. Martins]: Mister president, through you, if the sponsor would continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield? Yes, mister. Sponsor yields.

[Senator Jack M. Martins]: So the median income, household income for, Battery Park City is $228,000. And the average household income for Battery Park City, the average income per household is $355,000. So through you, mister president, if the sponsor would yield

[Acting President (Presiding Officer)]: Sponsor yields.

[Senator Brian Kavanagh]: Mister president, didn't hear a question there, but I'll yield, to respond to those comments just to be clear that this bill does not this this bill only affects people by its own terms at a lower income than the average or the median income in Battery Park City.

[Acting President (Presiding Officer)]: Sponsor has yielded.

[Senator Jack M. Martins]: Thank you, mister president. And so I do understand that it it does affect a certain bandwidth, but I wanted the chamber to understand the income that we're talking about for households within this particular area of your district. Do you through you, mister president, does the sponsor know, what the median income is for the average household in Manhattan?

[Senator Brian Kavanagh]: You, mister president, I've seen those numbers. I don't tend to look at that as a Manhattan as a Manhattan figure. The median income that this bill is premised on is the AMI for the New York Metropolitan Area, And that number for a single person household is about a $120,000 and a little less than a $120,000. And it and it is typically adjusted for household size upward for households with more more people in them.

[Senator Jack M. Martins]: Through you, mister president, the sponsor would continue to yield? Sponsor yield? Yes, mister president.

[Acting President (Presiding Officer)]: Sponsor yields.

[Senator Jack M. Martins]: Are you aware of any state assistance that has been provided to Battery Park City, either for capital or otherwise, that has been approved, by this chamber, or or by the state for Battery Park City specifically?

[Senator Brian Kavanagh]: The Battery Park City is an unusual entity. It is a state authority, that controls the property in Battery Park City. In addition to those 16,000 or so residents, it also has very large corporate properties, commercial properties, and, it generally covers its own expenses. We have in this chamber approved, we have to as an authority, we have to approve their borrowing authority. So we proved very substantial amounts of borrowing for the authority in recent years. There's not a lot of taxpayer of state direct taxpayer subsidy going to Badger Park City. And I would also note that this bill has no, effectively will have no cost whatsoever for state taxpayers.

[Senator Jack M. Martins]: Thank you. Mister president, if the sponsor will continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield? Yes, mister president. Sponsor yields.

[Senator Jack M. Martins]: Are you aware that according to Freddie Mac, the a 150 of AMI in Battery Park City, is a $187,050?

[Senator Brian Kavanagh]: Through you, mister president, the median I'm I'm not gonna dispute that figure. I don't have that figure before me because it's not relevant to this bill. I mean, it's not it's not relevant to the way this bill would operate. This bill operates on the area median income, which is calculated on a metropolitan area basis, and the bill specifically refers to that median income as the median income that this bill, that the eligibility for households are calculated, in this bill. And that number is, again, a 150% of AMI currently in New York City. Metropolitan area is a $170,000. That's a 150% number for that would be relevant as bill for a single person household. And again, as I said, the bill adjusts that for household size upward if there are more, residents in a particular household.

[Senator Jack M. Martins]: Mister president, through you, the sponsor will continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: Are you aware that the typical band of AMI for affordability, as frankly confirmed by DHR even during our hearings, budget hearings, is somewhere between 6080% of AMI for affordability in terms of identifying a group for which we normally provide either assistance or support. Are you familiar with that?

[Senator Brian Kavanagh]: Mister president, that's false. Okay. Mister president? Do if I may elaborate, we have many programs that subsidize affordability at all kinds of income levels. In this chamber, we have approved tax breaks for developers to build housing, that where the affordable units that they must provide are sometimes up to a 165 of AMI or a 130% of AMI. In this case, we're providing that what this bill does, we haven't gotten to, is basically freeze the in the portion of somebody's housing costs that are a result of the ground rent that their building is paying to the the, state authority that the Batterprox City Authority is, and that money the the surplus of the Batty Park City Authority, all of it goes to the City Of New York. So as I think this my colleague is quite aware, the City Of New York has a wide range of programs to subsidize affordability for middle class families to continue to live in various parts of the city, and this is one such program.

[Senator Jack M. Martins]: Mister president, thank you. I wanna thank the sponsor as well on the bill.

[Acting President (Presiding Officer)]: Senator Martin's on the bill.

[Senator Jack M. Martins]: So, mister president, here we are again. We have an area of Lower Manhattan, widely considered to be one of the most affluent areas of the entire city, if not the entire state. Average income for the households is $345,000. Median income, $228,000. And we're not talking about helping people who are trying to make ends meet, trying to support a family on limited income. We're we're we're just trying to figure out how do we keep affluent people living in their homes and in their communities in the sponsor's district. For context, in The Bronx, the median household income is $50,000, actually less than $50,000.

[Acting President (Presiding Officer)]: In

[Senator Jack M. Martins]: Brooklyn, it's less than $85,000. In Queens, less than $85,000. In Staten Island, $95,000. Manhattan, about a $106,000. But we're gonna make a decision in this body that we're going to actually subsidize or allow for a redistribution in an authority that is run by New York State for the benefit of people who are making less than a $187,000. Mister president, think that's bad public policy. Now if we were sitting here talking about providing relief to people on limited incomes in some of these other areas that I just mentioned, yeah, let's have that discussion. Let's help people who actually need and are struggling to provide housing for themselves and their families, struggling to make ends meet. This isn't it. So let's substitute Battery Park City for Scarsdale or Rye, where the median income is $224,000, and this place would probably be up in arms. This is no different. Why are we making an exception? And why would this body sit here and consider making an exception for a very specific, very affluent area of New York City? For context, area median income or average household income in Binghamton, 46,000. Rochester, 47,000. Buffalo, 50,000. Syracuse, 47,000. Albany, 60,000. Yonkers, 85,000. That's where people need help. 60%, 80% of AMI, you wanna talk about helping people stay in their homes, support their families, provide state resources for it? Sure. Let's have that discussion. You often heard me talk about on this floor the need for us to means test housing. This is an example. Why is this the priority? At a time when we don't have a budget yet, it's April 1. At a time when we're raising spending across the board by nearly 17,000,000,000 year over year, Why are we sitting in this chamber considering a bill that's just gonna help some of the most affluent people in New York City continue to stay in those very homes. If they can't afford it, you know what we do? Many people in my community, we downsize. Many people who lose, you know, they have their families move on, their kids go go on, they move to an apartment, they they downsize to a smaller house. But in Battery Park City, you know what we're gonna do? We're gonna provide them with state subsidies for capital because they need help because it's a special place and it's an authority. But think about what we're doing here. You wanna talk about developers and incentivizing developers to build more housing? Sure. We gotta give them a a set aside up to a 120%, a 125%. But when we talk about affordable housing, certainly in my district, and we go and seek help, whether it's a pilot or something else, it's 80%. Sometimes it's 60%. But I guess when we go into areas of New York City, it's a 150%. And yet we come back in here time and time again and talk about the affordability crisis and the need we have to get together and make a difference for those people who are struggling to make ends meet. This isn't them. So, mister president, I'll be voting no. Gotta tell you, I know that we're gonna hear about how this is all self enclosed, that they're actually going to be redistributing it themselves, that this is actually a subsidy that doesn't involve any expense for the taxpayers. It's a state authority. The state set it up. The state structured it. Just a couple of years ago, we were here talking about the need for capital. We were all asked to support a bill to put money into the Battery City Authority in order to pay for capital improvements. But here we are. They they must be flushed because they have the ability and the extra money to actually provide for this. So you come from a community where the average income is $50,000 or $60,000, ask yourself why this is necessary and why you would possibly vote for something like this. You're probably all gonna vote for it anyway, but think about it. I vote nay.

[Acting President (Presiding Officer)]: Are there any other senators wishing to be heard? Seeing and hearing none, debate is now closed. Secretary will ring the bell.

[Senator Michael Gianaris]: Agree to restore this bill to the noncontroversial calendar.

[Acting President (Presiding Officer)]: Bill restored to the noncontroversial calendar. Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act will defect immediately. Call the roll. Adabo, g n r s kruger or zukahn zonen.

[Acting President (Presiding Officer)]: Senator Helming to explain her vote.

[Senator Pam Helming]: Thank you, mister president. The bill before us creates a housing rebate that's limited to certain homeowners and renters in one small area of New York City. But the reality, as we all know, is housing affordability isn't just a battery park issue. It's a statewide issue. Like so many people in this chamber, I've heard the concerns from our young people who are struggling to afford to buy or to rent their first home, and I've heard from so many seniors who are worried about being forced out of their lifelong homes because of the state mandates that are driving up property taxes and utility costs. But the good news, mister president, is I have a housing affordability package that includes real solutions to make housing more affordable and more attainable for people across the entire state. Legislation that includes help for first time homebuyers incentivizes new construction, offsets the infrastructure costs needed to build new homes. You know, mister president, you and I in our districts are struggling with the lack of electric capacity. Legislation that encourages the renovation of existing properties by providing relief from increasing property assessments. These are real practical statewide solutions to reduce cost and expand housing opportunities, and I I'm frustrated that they've been sitting in committees for years. These are good solutions that should be considered. The bill before us does not consider statewide impacts, and for that reason, I vote no.

[Acting President (Presiding Officer)]: Senator Hellman to be recorded in the negative. Senator Gianaris to explain his vote.

[Senator Michael Gianaris]: Thank you, mister president. I was quite heartened to hear, senator Martin's assault on those who are doing too well in this state, and in fact, have no need for government assistance. In fact, if I'm not mistaken, his district is one of the wealthiest in the state. And so I would encourage him to be consistent with what he just said and support what we are trying to do and actually ask for more from those people. If he's so concerned that there are people who are doing so well that we shouldn't think about what they might need, they're flush, think was the word that he used. He represents many, many flush New Yorkers. And perhaps the best way to deal with the problem that he identified is to ask them to give a little more so we can truly help those who are genuinely in need in this state. I vote yes, mister president.

[Acting President (Presiding Officer)]: Thank you. Senator Gionnaires, he'll be recorded in the affirmative. Senator Kavanaugh to explain his vote.

[Senator Brian Kavanagh]: Thank you, mister president. I just wanted to clarify a few of the things that have been said here on the floor today. First of all, on the notion that the state is subsidizing the Battery Park City Authority and the capital subsidies where there were proposed for improvements to Better Park City. The capital subsidies that we have authorized but not paid for through state law are to do the very expensive resiliency projects that are intended to protect all of Lower Manhattan from the kind of catastrophic damage that we saw during Sandy. This order to protect Lower Manhattan, we need to basically address the waterfront all the way around, basically, for all of my district, but down the Hudson River, around the Battery, and up the East Side. And the City Of New York, mostly through city capital dollars, are spending many billions of dollars to do that. And what we authorized is the Battery Park City to borrow money against its own revenue, not state, which is mostly generated by rents paid for by the people who live in that space, who then are gonna pay back the bonds for capital capital subsidies that will do the resilience projects necessary to prevent catastrophic funding throughout throughout Lower Manhattan as we saw in Sandy. There is not a substantial amount of state subsidy going into Badri Brook City in general. In fact, very nearly, like, I can't think of a state taxpayer subsidy that goes directly to Badri Brook City. The second thing is just to I've referenced this before, but all of the surplus revenue of the Vadbrox City Authority goes to the City Of New York. So if you're worried your taxpayers will be paying for any portion of this, this is entirely going to be a trend a financial transaction that will address a that will have a very minor increase in the city's revenue and no no increase in the tax burden of any New Yorker who doesn't live in New York City. The total estimated cost of a bill like this, it varies because it's hard to know how many people will take it up and how many people will be eligible. But roughly, we're talking about the Battery Park City Authority raising waiving about half $1,000,000 in rent payments. These are ground rent payments. They still will pay rent on their apartments. They'll pay payments in lieu of taxes. They'll pay other things. They will not pay an increase in the ground rent that their building pays, which are going up very rapidly because as my colleague noted, Manhattan has become a very desirable place to live in recent years. Most of the people who are recipients of this are people who went to Better Presidency when it was not such a desirable place. The people who are recipients when you make a $140,000 in my district, you are not a wealthy person. I sorry. The the figure is, slightly larger than that. But the kinds of people that are paying this are teachers. They are firefighters. They are people making what we consider middle class income. The idea that somehow it would be beneficial to people in the Bronx to price those people out so that the millionaires, my colleagues are talking about, can move into their apartments, is an odd one to say the least. For perspective, the Battery Park Cities Authority's operating revenue is $445,000,000 a year. Again, a great percentage of that goes directly to state of New York. And, the total cost of this bill would vary somewhere in the range of half 1,000,000 to $1,000,000 a year or about 1 or $2 per thousand dollars of revenue for the Better Brook City Authority. So this is not going to break the bank. It is subsidizing middle class people. I, for one, think it's important that we continue to make sure middle class people can live in all of our neighborhoods, not just the outskirts of our cities. And I vote I. Thank you.

[Acting President (Presiding Officer)]: Senator Kavanaugh, to be recorded in the affirmative, senator Martins to explain his vote.

[Senator Jack M. Martins]: Thank you, mister president. I do represent what I consider to be the best district in New York State, the Northern Shore Of Nassau County. And, yes, senator Gionaris, it is an affluent district, it has wealth there. But this bill doesn't involve the North Shore Of Nassau County, mister president. It involves Battery Park City. And if we're gonna talk about paying their share, I can tell you that the $100,000,000,000 in additional state spending that has been imposed on all New Yorkers, including the people in my district by the majority in this house over the last eight years, is significant. That's a $100,000,000,000 that was pulled out of the New York state economy, including the residents of my district. So, yes, they have contributed probably more than they should, but so is each and every one of your community members. Every person, when you do the math, is paying every person is paying $5,000 plus more per year today because of the additional spending that this state has incurred over the last eight years. A family of four between 20 and $25,000. So, yes, senator Gionnaires, they are paying. My district, your district, everyone other district. And that's why I'm opposing it, and I continue to oppose the incredible increases that are being suggested by this body, irresponsible increases that are being supported by this majority. And I continue to vote no on this bill. Thank you, mister president.

[Acting President (Presiding Officer)]: Senator Martins, to be recorded in the negative. Senator Salazar to explain her vote.

[Senator Julia Salazar]: Thank you, mister president. I wanted to speak a little bit to this idea that there should be more means testing in affordable housing. We already, of course, use means testing quite a lot in affordable housing policy. We use it for Section eight vouchers. We use means testing in determining eligibility to live in public housing, to live in other projects that have an affordability component, means testing in even broader strokes, such as, when a renter applies for a rent stabilized apartment, or seeks to live in rent regulated housing, is bad public policy. Practically speaking, it would be a nightmare to implement, but it would also serve to exclude more people from housing in a time when we should absolutely not be interested in doing that, but also it does nothing to increase housing supply. To this idea that we have rent stabilized or rent regulated renters who are wealthy Manhattanites exploiting the system, we, based on 2023 data from the Furman Center, we know that the median rent stabilized household income in New York City is about $50,000 to $55,000 annually. That is not a wealthy person, certainly not in New York City, and they are demonstrably, typically very rent burdened. So, I really appreciate Senator Kavanaugh's commitment to Battery Park City residents and also to ensuring that we have permanently affordable housing in New York City and in our state. Thanks.

[Acting President (Presiding Officer)]: Senator Salazar, to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to counter five eighty three voting in the negative are senators Ashby, Barello, Kansas City, Fitzpatrick, Chan, Gallivant, Grifle, Helming, Lands and Martins, Matera, Murray, Obrako, Merrill, or Palumbo. Roads, Rollins, State. Todisco, Walls, Weber and White, class 38, age 22.

[Acting President (Presiding Officer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number six zero five, senate print eighty forty six a by senator Bino, an act to amend to amend the emergency tenant protection act.

[Acting President (Presiding Officer)]: Senator Martins, why do you rise?

[Senator Jack M. Martins]: Mister president, if the sponsor would yield for a few questions.

[Acting President (Presiding Officer)]: Will the sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: Thank you. Thank you, senator Bino. Can you tell us how many how many units, are we talking about, that would be covered by this bill outside of New York City?

[Senator Siela A. Bynoe]: I I don't have well, through you, mister president, I don't have the number of units.

[Senator Jack M. Martins]: Do you, mister president, if the sponsor would continue to yield?

[Acting President (Presiding Officer)]: Will the sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: So has this bill been introduced at the request of DHR?

[Senator Siela A. Bynoe]: Through you, mister president. No.

[Senator Jack M. Martins]: Through you, mister president, did the sponsor continue to yield? Sponsor yield.

[Acting President (Presiding Officer)]: Does the sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: So does DHCR support the bill? Have they indicated or have you asked them whether or not they support committing resources from DHCR in this way?

[Senator Siela A. Bynoe]: No. I did not. Sorry. Through you, mister president, I did not confer with DHCR.

[Senator Jack M. Martins]: Through you, mister president, if the sponsor will continue to yield?

[Acting President (Presiding Officer)]: The sponsor yield. Yes. Sponsor yields.

[Senator Jack M. Martins]: So do do you have, or have you calculated how much additional funding would be necessary through DHCR, for them to be able to do this level of enforcement on units outside of New York City?

[Senator Siela A. Bynoe]: Through you, mister president, we have requested that DHCR review up to 5% of those units outside of New York City, and we have estimated, around $5,000,000 for that activity.

[Senator Jack M. Martins]: Do you, mister president, if the sponsor would continue to yield? Sponsor yield? Yes. Sponsor yields. So, would that be $5,000,000 in addition to what they spend right now currently on doing I eight I enforcement, or would that be $5,000,000 total for DHCR to do that, including the units that they have in New York City?

[Senator Siela A. Bynoe]: It would be $5,000,000 additional. Through you, mister president. I'm sorry. Through you, mister president.

[Senator Jack M. Martins]: Through you, mister president, if the sponsor will continue to yield?

[Acting President (Presiding Officer)]: Well, the sponsor yield. Yes. Sponsor yields.

[Senator Jack M. Martins]: Are you are you aware that, the current budget for DHCR for for this is about $5,600,000, in last year's budget and continues to be about $5,600,000 in this year's budget. That is not only in the governor's proposed budget, but in the senate one house for all of their IAI inspections in the city, outside of the city, all in $5,600,000 for this work? Through you, mister president, what I am aware of is

[Senator Siela A. Bynoe]: that in the village of Hempstead, The landlords in that space have been, alleged to have provided improvements that did not materialize. So much so that the rent guidelines board in Nassau County did not allow for increases in the village of Hempstead. And the conditions that were, illustrated and exemplified by residents in the village of Hempstead were in poor were poor conditions. It was in squalor. There were evidence of rodent infestation, hazards, in terms of electrical appliances and the like. So this is in the interest of safety for the residents that are residing in those rent regulated apartments, it's a matter of ensuring that we detect incidences of willful overcharging, and it's in the interest of making sure that we deter bad actors from preying on people who are reliant on them for the insurance of decent and affordable housing.

[Senator Jack M. Martins]: Through you, mister president, that the sponsor will continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield? Yes. Sponsor yields. Aside

[Senator Jack M. Martins]: from the community, or the village of Hempstead, I understand there are other communities, not only in Nassau County, but also in Westchester County and others, and villages and cities that have rent stabilized units. And so this 5% figure, that you have for units outside of New York City, without a sense of how many units those are, do you have a calculation of how many people you would need or DHCR would need to have in order to conduct an audit of those units sufficient to be able to meet the needs of this bill?

[Senator Jessica Scarcella-Spanton]: Who do you, mister president?

[Senator Siela A. Bynoe]: It would be the requirement of the division to, create the programmatic guidelines and to be able to fulfill the obligations of this bill.

[Senator Jack M. Martins]: Through you, mister president, if the sponsor would continue to yield.

[Acting President (Presiding Officer)]: With sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: Has there been a commitment made, to fund the budget to provide the resources necessary in order to be able to, for DHCR to be able to hire people sufficient to be able to do the task, or or is DHCR going to be expected to take those people who are currently doing this work from the work perhaps within New York City and dedicate those resources outside of New York City in order to meet the needs of this bill.

[Senator Siela A. Bynoe]: Through you, mister president, in response to the question regarding, whether they would have to shift their resources, in within the division to be able to achieve this, again, we we will leave their their capable agency that we will rely on to carry out the programmatic and procedural requirements of this bill.

[Senator Jack M. Martins]: Thank you. Through you, mister president, if the sponsor will continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield. Yes. Sponsor yield. Sponsor yields.

[Senator Jack M. Martins]: So as I understand it, the purpose of the bill is that there's audits every time, a unit is improvements are made to an individual unit. Are you familiar with, the audit process, how these audits are conducted, and whether or not currently those audits include visits to the unit itself or whether it's a review of paperwork that it's submitted to DHCR.

[Senator Siela A. Bynoe]: Currently, there isn't a, a requirement for physical inspection. This bill would require the physical inspections of those units.

[Senator Jack M. Martins]: Thank you. Through you, mister president, if the sponsor would continue to yield?

[Acting President (Presiding Officer)]: Sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: You through the bill, there's a determination of willfulness in terms of a an a an unsubstantiated claim being interpreted as being willful. Before there's a termination, is there an opportunity for the property owner to supplement, provide further information, or if there is a discrepancy in the document itself, that that will actually trigger the additional, inspections that to all of the other units that they have. So what where is that trigger specifically, if you could?

[Senator Siela A. Bynoe]: The president, again, it will be the requirement of the division to determine whether there is a willful act or there is in some, you know, other means and a discrepancy that was inadvertent, they will determine what threshold would determine whether someone was willfully overcharging.

[Senator Jack M. Martins]: Through you, mister president, if the sponsor would continue to yield.

[Acting President (Presiding Officer)]: Sponsor yield? Yes. Sponsor yields.

[Senator Jack M. Martins]: So just to be clear, the language of the bill says, if the audit finds that the recoverable cost claimed by the landlord cannot be substantiated, the resulting overcharge shall be considered to be willful. And so to be clear and just so we can create the record, there is then the opportunity for the landlord to supplement, provide resources, or provide additional information before there is a determination of willfulness. Mister president, yes.

[Senator Siela A. Bynoe]: The division would need to create a process to which a landlord would be able to, re re ask for an appeal or provide supplemental information. Do you, mister president, if the sponsor will continue to yield? Sponsor yield? Yes.

[Acting President (Presiding Officer)]: Sponsor yields. So,

[Senator Jack M. Martins]: I'm I'm glad you brought up the appeal aspect of it because naturally, it's gonna be my next question. What is the appeal process? So if there's a disagreement between the person conducting the audit and the landlord such that they they believe that they have provided the information, but the interpretation of DHCRs that they haven't, to whom do they appeal?

[Senator Siela A. Bynoe]: President, the division would create the policies and procedures that would be required based on this law. So they would actually be able to detail that specifically, so that each landlord would understand their opportunity for due process.

[Senator Jack M. Martins]: Through you, mister president, that the sponsor would continue to yield? Sponsor yield?

[Acting President (Presiding Officer)]: Yes. Sponsor yields.

[Senator Jack M. Martins]: So just so we understand this, the the DHCR would itself decide the appeal. So the appeal would effectively be to DHCR or someone in the DHCR, perhaps a supervisor or someone else, but effectively would remain within the agency to make that determination and not someone outside of the agency to take an appeal.

[Senator Siela A. Bynoe]: Through you, mister president. Correct.

[Senator Jack M. Martins]: Through you, mister president, if the sponsor would continue to yield? Sponsor yield?

[Acting President (Presiding Officer)]: Yes. Sponsor yields.

[Senator Jack M. Martins]: And so if there is a determination that it was willful, and they took an appeal and it was confirmed that it was willful, this bill would require then DHCR to do a search of all of the properties that that particular owner had outside of New York City. Right?

[Senator Siela A. Bynoe]: Correct. Oh, through sorry, mister president. Through you. Correct.

[Senator Jack M. Martins]: Through you, mister president, sponsor will continue to yield. Will the sponsor yield?

[Acting President (Presiding Officer)]: Yes. Sponsor yields.

[Senator Jack M. Martins]: So I I know that there were 1,200,000 rent stabilized units within New York City, And I know that DHCR has this responsibility to audit those units within New York City with a budget line of $5,670,000. And of that, the personnel line is only $2,700,000. So with those many units inside of New York City and a limited number of units outside of New York City. I believe that in the village of Hempstead, it's probably about 6,500 units, and I believe that places like Garden City Plaza and the village of Mineola and and some other villages within our respective districts. You know, there may be other rent stabilized housing units. Do you have concerns whether DHCR is gonna have the means, resources, personnel, and the mechanisms to be able to effectively implement this bill if it's passed, and whether or not that would come at the expense of being able to do it, in other parts of the state where it currently provides those services.

[Senator Siela A. Bynoe]: Through you, mister president. We are currently in a budget process, and this is an opportunity for us to have those discussions and vet out the ability for the division to be able to carry out these activities and what funds would be required.

[Senator Jack M. Martins]: Mister president, thank you. Senator Bino, thank you. On the bill.

[Acting President (Presiding Officer)]: Senator Martin's on the bill.

[Senator Jack M. Martins]: I wanna thank I wanna thank the sponsor for the bill. I wanna thank the sponsor for for this attempt. But, mister president, I'm concerned that the bill, frankly, misses the mark. We're going to go down this road and we're gonna hold bad actors responsible, I think, absolutely, I'm with you. 100. Let's go after those landlords who are not providing proper housing and resources, and let's make sure we hold them accountable. But let's make sure that DHCR has the wherewithal and the ability to do just that. You know, when we talk about 5% of the units, we talk about then willfulness and then triggering even more inspections. You know, by my estimation, if you have a personnel line in a budget of a little over $2,000,000, I think that accounts for about 20 people. If we have those 20 people doing inspections right now, the bulk of rent stabilized housing in the state is in New York City, and they're expected to do it statewide, not just in New York City. And now we're gonna dedicate resources outside of the city to other places and require actual on-site inspections and then require in the event of willfulness that they have to do further inspections of all those other units, it's not gonna happen for $5,700,000. It's in the budget, and I haven't seen the one house from this majority adjusted to account for the additional resources and funds that are gonna be necessary to actually make this work. So I would urge my my colleagues who are concerned, hopefully, as well as much as I am that there may be resources out there that need to be targeted somewhere, put it here. And don't just vote on a bill in order to require DHCR to go do something without putting the resources behind it that's necessary for that to happen. I would ask that you consider also target those bad actors that are out there. Understand that if there is a discrepancy in documentation that's provided, make sure that that documentation is substantiated and warrants it because there is no criteria here. It could be an inconsequential amount or it could be a significant amount. But the reality I think we all should arrive at, all of us, is that we want to incentivize property owners and landlords to actually maintain their buildings. We wanna give them the opportunity through policy to be able to invest back in their buildings. And to have that discussion, we have to kinda look at policies that have been passed in this chamber that have made it difficult, if not sometimes impossible, for landlords to make ends meet. Hold them accountable, but let's reevaluate some of the policies that have been passed in this chamber. The difficult process that we put before our landlords for removing tenants and how long it takes for them to do so, not receiving rents at all and the cost that that has to a landlord and their ability to reinvest in those buildings as well. You know, we all think, or at least some people in this chamber think, that anyone who owns buildings gotta be rich. They gotta be filthy rich, mister president. And so they've got money. They can absorb the hit from not being able to collect rent from tenants. But the reality is they collect those rents, and the good ones or even the average ones, average ones invest back in those buildings. No one has an interest in owning a building or watching it fall apart. But we create policies in this chamber that prevent people and landlords from being able to actually collect those rents and reinvest them. So let's let's let's analyze that. Let's take a look at the things we're doing from a policy standpoint that are preventing our landlords from doing it. I had a landlord recently ask me a question. And maybe, mister president, rhetorically, everyone can maybe consider this and think about it. But, you know, they asked, what if I have a tenant? And I do. This person did. Had a tenant in a building that was up all night, making noise, bringing people in and out, disrupting the other tenants, and the landlord couldn't get them out of the building because of laws that have been passed in this chamber. Now, the landlord in this case didn't live in the building, mister president, but he couldn't get that person out, which affected all the other tenants in the building who then decided not to pay rent because their enjoyment and use of their building and their units had been compromised. And so now this landlord had a problem. Because of policies and laws in this that were passed in this chamber, they no longer had the ability to collect rents. And if they did and if they wanted to enforce those rights, we've made it so difficult that it takes months, if not years, to actually go through landlord tenant court to have somebody removed. So if we're gonna talk about reinvesting in buildings and maintaining buildings and making sure that buildings are adequately maintained, let's consider those things that have been done to make it difficult on our landlords and our property owners in order to maintain those buildings as well. So, mister president, I I'll be voting no on this bill. I am willing and looking forward to working with the sponsor to figure out ways that we can actually hold bad actors accountable. But I'd also like to work with the sponsor and my colleagues in this chamber to come up with ways that we can change the bad policies that have been passed in this chamber that have impacted our own property owners and prevented them from actually being able to make ends meet and make the resources available. And sure, if there are people out there who are taking advantage of the system, target them. But, unfortunately, the policies in this chamber, mister president, have consistently been written with a broad brush, which means we've impacted every property owner, the good and the bad. And that's a shame because we're now seeing the results of those policies. Each and every day, see another bill or another another effort where people come up here and protest the fact that they have a conflict with their landlords. Let's let's make good policy. I'll vote nay.

[Acting President (Presiding Officer)]: Are there any other senators wishing to be heard? Seeing and hearing none, debate is now closed. Secretary will ring the bell. Senator Gianaris.

[Senator Michael Gianaris]: Mister president, let's restore this to the non controversial calendar as well, please.

[Acting President (Presiding Officer)]: Bill will be restored to the non controversial calendar. Read the last section.

[Secretary of the Senate (Reading Clerk)]: Session four. This action will take effect immediately.

[Acting President (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR. School court, school cut and zoner.

[Acting President (Presiding Officer)]: Senator Kavanaugh to explain his vote.

[Senator Brian Kavanagh]: Thank you, mister president. I I just wanted to rise, especially to to thank and compliment the sponsor on a very important piece of legislation today. You know, individual apartment improvements has historically been a real source of risk of improper rent increases and in some cases, well documented cases, fraud. This bill is a very, very reasonable and modest response to that. Roughly speaking, outside of New York City, there's something on the order of a 120, maybe a 130 or a 140 IA applications per year. There may be roughly per year in all of Nassau County about 20 such applications. This bill would require 5% of those applications to be audited by HCR. And in the event they find the landlord to be to be overstating the cost of their own improvements and using that to increase people's rent, they would then be a penalty of the normal penalty that applies when people overcharge their tenants willfully. So, again, this is a mod we've we've done a lot to address concerns about IIIs in recent years. This bill was another very positive step forward. And from, you know, working for many years with HCR, I believe this is a bill that, they would have ample, resources to implement. And this is also a bill that went through the housing committee. I know most members of both houses, both sides of the aisle have voted for this bill in the past, and I urge them to continue to support this just to make sure that the system continues to have the efficacy that we all need, to make it work effectively.

[Acting President (Presiding Officer)]: And on that, I vote aye. Senator Cavanaugh should be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to the count of six zero five, vote in a negative r. Senators Barello, Kansas Avery, Patrick Chan, Griffith, Helmy, Lanza, Martins Beterra, Murray, O'Mara Ort Palumbo, Rhodes, Stat, Tedisco, Walls at Weber and White. Ayes 42 and age 18.

[Acting President (Presiding Officer)]: The bill is passed. Senator Gianaris, that completes the reading of today's conference calendar.

[Senator Michael Gianaris]: Is there any further business at the desk?

[Acting President (Presiding Officer)]: There is no further business at the desk.

[Senator Michael Gianaris]: I move to adjourn until Tuesday, April 7 at 11AM early start time next week. Colleagues, intervening days being legislative days.

[Acting President (Presiding Officer)]: On motion, the Senate stands adjourned until Tuesday, April 7 at 11AM with the intervening days being legislative days.