Gotham Gazette http://www.gothamgazette.com/component/tags/tag/49 Mon, 19 Nov 2018 03:52:59 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) Questions Linger as Right to Know Act Goes Into Effect http://www.gothamgazette.com/city/8004-questions-linger-as-right-to-know-act-goes-into-effect http://www.gothamgazette.com/city/8004-questions-linger-as-right-to-know-act-goes-into-effect mayorsoffice gradu

(Photo: Michael Appleton/Mayoral Photography Office)


The Right to Know Act, a significant piece of police reform legislation passed by the City Council last December, is set to go into effect Friday and advocates who hoped it would transform street interactions between New Yorkers and police officers are worried that the NYPD may not fully comply with the new law.

The Right to Know Act comprises two laws with requirements for how officers conduct themselves in street stops. The first, sponsored by Council Member Ritchie Torres, a Bronx Democrat, mandates that officers identify themselves when questioning individuals, provide a valid reason for doing so, and provide a business card with their name and rank to the individual. The second law, sponsored by Council Member Antonio Reynoso, a Brooklyn Democrat, requires officers with no probable cause to obtain verbal consent before searching an individual or their property while informing people of their right to refuse a search. The police department will also have to compile and report data on the number of such encounters.

Developed as a response to the NYPD’s controversial use of stop-and-frisk policing, the Right to Know legislation travelled a bumpy years-long road to passage. In 2016, former City Council Speaker Melissa Mark-Viverito refused to allow the bills to come to a vote and instead struck a deal with the NYPD to implement certain provisions administratively. The move was protested by criminal justice advocates who believed Mark-Viverito had kowtowed to opposition by the police department and Mayor Bill de Blasio. Then, in 2017, when the two bills were on the verge of being approved, Torres’ bill was amended in ways that police reform advocates said diluted and betrayed its original intent by removing certain categories of interactions from its jurisdiction. The CPR coalition pulled its support for that bill before it passed, as did some of the Council Members who co-sponsored it. Nonetheless, the enactment of the legislative package was mostly celebrated as a victory for criminal justice reform efforts in the city.

Advocates and the bill sponsors have since been eagerly awaiting and preparing for the two laws to go into effect on Friday, though there have been questions raised about the NYPD’s readiness to change its ways -- concerns the NYPD is pushing back against, promising full compliance with the new laws and asserting its outreach efforts as “unprecedented.”

“We’re gearing up to see how the NYPD implements the reforms mandated in the law,” said Michael Sisitzky, lead policy counsel in the advocacy department at the New York Civil Liberties Union, in a phone interview on Tuesday. NYCLU is a member of the Communities United for Police Reform (CPR) coalition, which spearheaded advocacy for the Right to Know bills for years. Sisitzky said his organization has been conducting internal education sessions about the two laws as they await its implementation.

But he noted that the NYPD has failed to significantly engage with advocates or solicit enough community input on changing its policies to adhere to the laws, which was explicitly required by Reynoso’s bill.

“That consultation didn’t happen in any meaningful way,” Sisitzky said. “The NYPD really decided to not follow the spirit and requirements of the law and consult with communities despite these communities being involved in this for the last five years.” He said it was a “missed opportunity” to reimagine policing tactics and that more so than other reforms related to greater reporting on enforcement or the creation of outside monitors, its success depends on how it is executed on the ground. “This was an easy chance for them to work with communities to create new policies,” he said.

On Wednesday, Joo-Hyun Kang, director of CPR, told the New York Daily News that the coalition had only one meeting with the NYPD in September and that it’s recommendations were not taken into account in new guidance issued to officers. Drafted guidance in the NYPD patrol guide, which dictates officer conduct and protocols, that was seen by Kang seemed to fall short of the requirements in the law, the News reported, and Kang worried that officers were not being properly trained.

Council Member Reynoso echoed the sentiments of the advocates. On Wednesday morning, Reynoso visited the offices of the Civilian Complaint Review Board, which handles complaints of NYPD officer misconduct and abuse of power, to speak with more than 60 CCRB staffers about the Right to Know Act, what inspired it and how it will improve policing, particularly communities of color, where the overuse of stop-and-frisk was damaging to police-community relations and ruled unconstitutional by a judge.

Emphasizing the need for the Right to Know Act, Reynoso recounted his own personal experience with stop-and-frisk from his high school days, when he and his cousins were abruptly stopped and searched by police officers as they walked down the street. “That experience was very life-changing for me. I felt like I lost all dignity,” he said.

Speaking to reporters after the meeting, he noted that the NYPD should have been more collaborative as they prepare to adapt to the new laws. “I think the NYPD does want to follow through with the bills,” he said, while conceding that they have “done a very poor job” of communicating with reform advocates. “While I do believe that they haven’t done enough at this moment to engage communities the way they’re supposed to by law, moving forward I do feel comfortable that they’ll be able to engage,” he said. “But, because we’ve lost all this time, without communicating to the advocates, there are some things that they could have done better or might have overlooked that could have been addressed before implementation. Now we have to wait till after implementation to address a lot of these issues.”

Reynoso stressed that the new laws would be a valuable tool in the pockets of public defenders and New Yorkers who feel that their civil rights have been violated, and that the department’s compliance would also be ensured by the full implementation of its body camera program. De Blasio announced in January that all patrol officers would be outfitted with cameras by the end of the year.

There are concerns, however, about how closely officers will follow the new laws. “Unfortunately, the NYPD doesn’t have the best track record complying with legal mandates,” NYCLU’s Sisitzky said. The NYPD has in recent months come under fire for refusing to abide by a City Council law mandating disclosure of data on subway fare evasion arrests. And de Blasio has repeatedly chosen to defer to the department’s leadership, which cited public safety concerns, instead of ordering compliance.

Asked if the NYPD could be trusted to follow the Right to Know, which the department fought, and if the mayor could be relied upon to enforce it, Reynoso seemed to harbor some doubts. “I absolutely believe that the mayor should be on the front lines...but the mayor has shown that he cares deeply about his relationship with the NYPD.” Even when certain pieces of police reform legislation are justified, Reynoso said, “[The mayor] would err on the side of the police [rather] than the people of the City of New York.”

A spokesperson for the mayor did not respond to a request for comment. An NYPD spokesperson, asked about the concerns expressed by advocates, said in a statement, “The NYPD will fully comply with the Right to Know Act when it takes effect this Friday. As the Department developed its policies, it heard numerous recommendations from the advocacy community through discussions with the Federal Monitor. The Department also provided advocates unprecedented access to NYPD policies, forms, and trainings prior to the law taking effect. And the NYPD will of course continue to talk to advocates to fine tune the policy as it is implemented and we can assess what’s working and what might be improved.”

Advocates and the City Council say they will be keeping an eagle eye on the police adherence. “The City Council is proud of its efforts in this area and we will be watching the roll out to ensure the Right To Know is being followed,” said Jennifer Fermino, City Council communications director, in a statement.

On Thursday afternoon, the CPR coalition rallied with several City Council Members outside City Hall, celebrating the Right to Know Act but also airing their complaints about the NYPD's lacklustre engagement and promising to hold the department and the de Blasio administration accountable. "And, on Friday morning, Reynoso and members of the CCRB will hit the streets of Brooklyn and the Bronx to inform New Yorkers about their new rights under the Act.

“I think [the new laws] offer New Yorkers a real sense of control and knowledge over their encounters with the police department,” said Jonathan Darche, CCRB executive director, in a phone interview. “And we’ve been working hard with the department in order to make sure that we’re on the same page with them about how they are training members of service so that we can hold members accountable to the standard that is being demanded of them by the department.”

“I’m excited that it’s coming to fruition,” Council Member Torres said outside City Hall on Wednesday as he rushed to attend a Wednesday meeting of the full Council.

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by Samar Khurshid, Senior reporter, Gotham Gazette
     

Read more by this writer.

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Questions Linger as Right to Know Act Goes Into Effect Thu, 18 Oct 2018 17:21:15 +0000
Hoping to Dictate City Rezoning and Stem Gentrification, Locals Put Forth Bushwick Community Plan http://www.gothamgazette.com/city/7955-hoping-to-dictate-city-rezoning-and-stem-gentrification-locals-put-forth-bushwick-community-plan http://www.gothamgazette.com/city/7955-hoping-to-dictate-city-rezoning-and-stem-gentrification-locals-put-forth-bushwick-community-plan bushwick today 19

photo via Bushwick Community Plan


A years-long endeavor to protect a Brooklyn neighborhood from unwanted development and plan for its future took a major step forward over the weekend: the Bushwick Community Plan, an ambitious and collaborative effort, was formally released.

The creation of the plan has at times been contentious, indicative of the fraught nature of virtually any community planning process and the high stakes involved in addressing affordability, transportation and other crises facing many neighborhoods across New York City. The effort was organized by local City Council Members Antonio Reynoso and Rafael Espinal with Brooklyn Community Board 4 and a variety of other stakeholders.

At the release event on September 22, U.S. Rep. Nydia Velázquez told the more than 200 people who packed into the cafeteria of the Academy of Urban Planning to learn the details of the plan that the development of the community plan was an example of democracy in action.

“You will empower our member of the City Council, Reynoso, to go to the city and say, ‘This is a community-driven rezoning plan – and this is how it should be done,’” she said.

The Bushwick Community Plan includes a number of goals – including slowing displacement, preventing out of character development, and supporting both small- and large-scale manufacturing businesses – and is being presented from the community and its leaders to the Department of City Planning as it begins to evaluate the area for changes to land use rules and new city investments, similar to processes that have taken place in areas like East Harlem.

Like several others the de Blasio administration has rezoned already, including East New York and the Jerome Avenue corridor in the Bronx, Bushwick is home to many low-income people of color at risk of housing displacement. But more like East Harlem and Inwood, Bushwick has already seen significant gentrification and locals are concerned about how the pace has accelerated without a coherent plan.

The comprehensive 74-page community plan covers six areas: land use and zoning, housing, economic development, community health and resources, open space and transportation and infrastructure. Under land use and zoning, the key issue, recommendations include not allowing areas currently zoned for manufacturing to become residential unless certain requirements are met; allowing higher density development in some cases when it will increase the number of affordable housing units; and proposing historic districts as well as individual landmarks throughout the neighborhood. The plan also calls for increased funding for anti-displacement legal services, the creation of a program that would incentivize homeowners to keep rents affordable in their buildings, more sanitation funding for commercial corridors, and improving Maria Hernandez Park and Irving Square Park, the two largest parks in the neighborhood.

But at issue is how feasible the plan is, how the de Blasio administration approaches its efforts to rezone and invest in the area, and how far Reynoso, Espinal, and their partners can push the city to adopt the community’s vision. The Department of City Planning may use the community plan as something of a guide as it designs a rezoning proposal, but it remains to be seen to what extent the community proposals shape the process, which will ultimately come to a vote before the City Planning Commission and the City Council, where Reynoso and Espinal will have outsized sway. Bushwick residents, both for and against a rezoning, worry about how the city might mangle or ignore the plans altogether.

A democratically-designed rezoning plan
Under current land use rules, otherwise known as zoning, significant new development is allowed in Bushwick without consideration of affordable housing or the aesthetic character of the neighborhood. There are many properties that have extensive as-of-right powers, meaning developers can build taller buildings without any real negotiation with the city for community benefits.

One such property is near the Myrtle-Wyckoff transit corridor, where developers plan to build a 27-story tower with retail space, office space, and 400 apartments, according to the minutes from a February meeting of the community board’s Housing and Land Use subcommittee. That particular high-rise wouldn’t be allowed under the zoning rules that are being proposed as part of the Bushwick Community Plan, according to Community Board 4 District Manager Celeste Leon.

In 2013, concerned by overdevelopment happening in nearby neighborhoods, members of the community board wrote a letter to then-City Council Member Diana Reyna seeking to explore the idea of rezoning Bushwick. The goal was to preserve the character of the community. In particular, preventing taller buildings, which have been referred to as “middle finger buildings,” from being wedged in between two- and three-family homes, according to current Reynoso, who succeeded Reyna in 2014.

“Affordable housing would have been icing on the cake,” Reynoso said in a late August interview.

After his election, Reynoso, along with Espinal, who took office the same year after moving from the state Assembly, initiated the Bushwick community planning process, an effort to allow residents to democratically design a rezoning plan that would best suit their needs. Over the course of the next several years, the steering committee – comprising of more than 200 participants, including the members of the community board, organizations like immigrant-advocacy group Make the Road New York, the RiseBoro Community Partnership, and Churches United for Fair Housing, as well as 21 individual Bushwick residents – held a dozen workshops, town halls, and other issue-specific meetings.

Planning this way is time-consuming and complicated, but the process allows for many voices to be heard, Reynoso said.

Shortly after Bill de Blasio was elected mayor, he put forth an agenda to rezone 15 different neighborhoods throughout the city in an effort to create more housing, especially affordable housing, and infuse communities with new resources, in part to handle an influx of new residents. His predecessor, too, used rezoning to manage development in New York City, though with a somewhat different lens: during his three terms, Michael Bloomberg oversaw more than 100 rezonings. Before de Blasio began to move through his rezonings, he worked with the City Council to pass significant changes to the city’s land use rules, including Mandatory Inclusionary Housing, which requires developers to include certain percentages of affordable housing in new buildings that receive a city variance to build denser.

Bushwick was not on de Blasio’s original list of neighborhoods, but city officials have been closely involved as the community has crafted its plan and appears ready to move into its planning process.

The city will hold its own listening sessions and do its own studies, then release its own initial plan. Once the Department of City Planning certifies a Bushwick rezoning application, the Uniform Land Use Review Process, which takes roughly seven to ten months, begins. After the community board offers its advisory vote, the plan moves to the borough president for review and additional nonbinding feedback, then the City Planning Commission for formal approval, followed by the City Council for final say. Throughout the process, local leaders, especially the City Council member(s), typically continue to negotiate with the mayoral administration to make tweaks to the city’s proposal and secure additional investments.

Pushback against the plan
As in most rezonings, at issue in Bushwick is that the mayoral administration’s interests may not be in line with the community’s. One example is the neighborhood’s manufacturing zones. Bushwick is known for its old factories and warehouses, which developers often eye as potential for new residential space. The community plan would oppose changing most manufacturing zones to residential zones unless special conditions are met. That is one point the city has tried to ignore, said Leon, the community board district manager.

Another example: at a February meeting, Winston Von Engel, the Brooklyn director of the Department of City Planning (DCP), reportedly told Bushwick residents that the city was interested in preserving the aesthetic character of the neighborhood, more so than preventing displacement, according to several residents who were present. Von Engel later told the Bushwick Daily that he had been misinterpreted and that there should be a balance between preservation and expansion.

In June, a group of activists shut down that month’s Community Board 4 meeting so that the board could not discuss the rezoning plans at all. One of the activists, Pati Rodriguez, of the anti-gentrification group Mi Casa No Es Su Casa, stood up to plead with the board: “I want to continue to live in the neighborhood that raised me, and I wish I could keep raising my daughter here too, but if this goes to DCP, I don’t think that is ever going to happen.”

Activists like Rodriguez oppose the rezoning entirely.

“The community board has no veto vote,” Rodriguez said in a later interview. “It makes the community powerless. That’s why we have decided the only way we can stop anything from happening is to disrupt the process.”

Michael Higgins, a member of the Brooklyn Anti-Gentrification Network, said that the plan itself could cause Bushwick residents to panic, from which landlords can then benefit.

“I think trying to address overdevelopment with rezoning is a backwards solution,” he said. “It comes from the belief that we can meet market forces with government, and unfortunately that’s just not the way the City of New York works in fundamental ways.”

He said the community has more leverage when individual properties are rezoned, rather than whole swaths of a neighborhood, because residents have the opportunity to negotiate requests like more affordable housing and community space.

Tom Angotti, professor emeritus of Urban Policy and Planning at Hunter College and the author of “Zoned Out! Race, Displacement, and City Planning in New York City,” said he understands the skepticism over the rezoning.

There have been no citywide studies that explain the relationship between rezonings and gentrification, but individual case studies do show that zoning changes lead to displacement, particularly in low income communities and communities of color, Angotti said.

Reynoso acknowledges the community’s concerns, but said that Bushwick’s geography, as well as the way it is built out, leaves fewer opportunities for growth compared to other neighborhoods around the city, referencing the recently-passed Inwood rezoning, which drew criticism from local housing activists concerned about density, neighborhood character, and gentrification. But Inwood, Reynoso said, encompasses waterfront property that the city could capitalize upon.

New development of that nature just isn’t possible in Bushwick. The Bushwick plan envisions growth near transit hubs, but otherwise is mostly designed to downzone the neighborhood, Reynoso said, and disallow large new residential buildings.

“The basic principles of what’s happening in other locations don’t necessarily apply here,” Reynoso said in the interview. “The fears that people have are not necessarily apples to apples.”

That’s true, Angotti said, but that still doesn’t mean the Bushwick Community Plan will prevent displacement. He points not so much to the community plan itself, but to the Department of City Planning and the City Planning Commission.

Angotti said the city has rejected every community-based rezoning proposal of which he is aware over the last 25 years.

“In every instance that I know of, the community plans get ripped up and changed to the point of being unrecognizable to the people in the community,” he said. “The city planning department has its own way of looking at land use in the city, and it doesn’t include communities. It doesn't include people.”

In a statement, the agency did confirm that rezoning applications, even those by city agencies, are usually changed during the public review process.

Jose Lopez, the co-director of organizing at Make the Road New York, has been heavily involved with the Bushwick Community Plan, serving on its steering committee. He recognizes that DCP will craft its own proposal for the ULURP process, but has some hope for the influence that the community plan may have.

“If there is a good rezoning where we can control growth, generate affordable housing, where we see effective tools that keep people in the homes they live in – if it’s a good rezoning, that is something we can get behind,” he said. “But our members believe that a bad rezoning is worse than no rezoning at all.”

Reynoso said that the discretion and authority to rezone really lies with the City Council, not with any city agency, and “the Council member’s job is to advocate on behalf of the community” – which he plans to do.

Typically, when the City Council votes on a rezoning plan, the expectation is that the Council will vote to support what the local City Council member(s) – in this case, Reynoso and Espinal – want. Yet, in May, City Council Speaker Corey Johnson said that his approach is “deference” but “no veto” for Council members on land use matters.

“Michael Bloomberg did 140 rezonings,” Angotti said. “Everyone of them passed. So the track record pretty much demonstrates how difficult it is, once something gets into ULURP, to derail it under the current system because of the overwhelming power of the mayor.”

Robert Camacho, the chair of Community Board 4, has been involved with the planning process since the beginning. He said he is satisfied with the final plan, but does worry for its future.

“If we don’t do anything, the city will do what it wants,” he said. “And if we submit something, the city can do what it wants anyway. I see it as a lose-lose situation. So why not do something? Something beats zip. If you don’t ask, you’re not getting anything.”

***
Bianca Fortis is a Brooklyn-based freelance journalist. On Twitter @biancafortis & @GothamGazette.

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Hoping to Dictate City Rezoning and Stem Gentrification, Locals Put Forth Bushwick Community Plan Tue, 25 Sep 2018 04:00:00 +0000
I’m with Cynthia Because She Stands for Schools, Not Jails http://www.gothamgazette.com/130-opinion/7800-i-m-with-cynthia-because-she-stands-for-schools-not-jails http://www.gothamgazette.com/130-opinion/7800-i-m-with-cynthia-because-she-stands-for-schools-not-jails cmreynoso34 cynthia 2

Antonio Reynoso, the author, endorses Cynthia Nixon (photo: @CMReynoso34)


Last week, I endorsed Cynthia Nixon for Governor because her campaign is focused on making sure young people of color across New York thrive in school, rather than wither away in jail. As a City Council member from a predominantly black and brown community in Brooklyn, I constantly hear from young people who know what they need to succeed in school and what stands in their way.

Right now, there are more police in New York City schools than there are guidance counselors and social workers combined. What message does that send our children?

It is time to drastically change course in how we invest in the lives of black and brown young people. Talking to friends and allies across the state, the stories and experiences of the young people in my district are strikingly similar to those of young people across New York, from the Hudson Valley to Syracuse and beyond—because, while we can draw geographical lines to separate their school districts, it’s the color line that ensures they will all still be impacted by racially discriminatory school discipline policies and practices.

These policies have created a school-to-prison pipeline that afflicts young people of color across the State of New York. As Governor, Cynthia Nixon is committed to transformative policy changes to dismantle this system. That’s why a central part of her #SchoolsNotJails platform is school climate reform. Cynthia’s plan will push New York to lead the way by creating a Restorative Practices Training department within the State Department of Education to support schools in implementing restorative practices, introduce legislation to end school-based arrests for misdemeanors and violations, support schools to remove ineffective security measures, such as law enforcement and metal detectors, and only use suspensions as a last resort.

In New York State, there are over 500 suspensions per day and a disproportionate number of our young people being suspended are students of color. Statewide, one in five black boys are suspended from school each year; for black girls, it is one in seven. In New York City, black students are 27% of the population but nearly half of all students suspended; in Kingston they are 14% of the student body but 36% of all suspensions; and in Troy, they are 31% of the population but 61% of all students who are expelled.

The racial disparities in the statistics on referrals to law enforcement are just as alarming. In New York City, black and Latino students are 92% of all students who receive a summons; in Schenectady, black and Latino students are 75% of all students referred to law enforcement; and in Buffalo, black and Latino students are 85% of all students referred to law enforcement.

These disparities begin in pre-kindergarten, where black students are 3.6 times more likely to be suspended from school. And they continue through high school and beyond—one suspension in high school doubles the likelihood that a student will drop out before graduation and it denies students from critical instructional time. Last year, students in New York lost 686,000 days of instruction because of suspension. If the school discipline gap continues, it’s no wonder that our state is struggling to close the graduation gap.

Those numbers alone should be enough evidence to convince Governor Cuomo to take steps to dismantle the school-to-prison pipeline. But instead of confronting this reality, under his leadership, New York has done nothing to curtail the school-to-prison pipeline.

The young people I meet with are clear that the way forward is not to continue to “harden” their schools and rely on ineffective and harsh school discipline and policing, but to ensure equity in school discipline policies and practices and reimagine our approach to safety. There is no evidence that police officers and metal detectors make schools any safer, but there is ample research that shows they makes students feel less safe and result in more young people being pushed in front of police officers, prosecutors, and judges instead of guidance counselors, social workers, and school administrators.

Students feel safest in their schools not when they know technology exists that track their every move, or police officers do random checks and sweeps, but when they have staff trained in trauma-informed care, restorative practices, and youth development that are there to attend to their needs and create an inclusive environment.

Young people in my district are leading the way in demonstrating what safe and supportive schools can look like. Many of these schools are implementing restorative practices with real results -- dramatically decreasing suspensions and building strong school communities. This year my district saw one of the largest decreases in suspensions across the city. We can replicate this and transform schools into the safe and supportive learning environments our students and families deserve.

New York needs a public school system that is completely disentangled from the criminal justice system and a commitment that we are creating a nurturing and supportive environment for all students. This is the commitment that Cynthia Nixon is making. We need to invest in schools, not repeat the same policy failures that have led to our children ending up in jails.

***
Antonio Reynoso is the City Council member for New York’s 34th Council District in Brooklyn. On Twitter: @CMReynoso34.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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I’m with Cynthia Because She Stands for Schools, Not Jails Thu, 12 Jul 2018 04:00:00 +0000
Council Sanitation Chair Says Mayor Must Get ‘Bold’ on Waste Management http://www.gothamgazette.com/city/7729-council-sanitation-chair-says-mayor-must-get-bold-on-waste-management http://www.gothamgazette.com/city/7729-council-sanitation-chair-says-mayor-must-get-bold-on-waste-management reynoso ready nyc

Council Member Reynoso, middle (photo: @JoeEspoNYC)


“Trash — it’s not sexy,” said City Council Member Antonio Reynoso. “It’s the hardest thing to get people to care about and it’s also something that’s out of sight and out of mind because it gets picked up -- for the most part, the Department of Sanitation does a great job.”

But there’s a lot about trash -- waste management, really -- to discuss, and Reynoso is at the forefront of the conversations as chair of the City Council’s sanitation committee, a position he has held for more than four years, continuing in the post into a second and final term.

Reynoso discussed major waste management issues facing New York City during a recent appearance on the What’s The [Data] Point? podcast from Gotham Gazette and Citizens Budget Commission, touching on regulating the private caring industry, which is the source of a great deal of controversy; changing the waste-hauling zones in the city to reduce pollution and increase efficiency; mandating more recycling from New Yorkers, such as of solid food waste, also known as composting; and more.

Reynoso, who represents a district that includes Williamsburg, Bushwick, and Ridgewood, crossing from Brooklyn into Queens, and a lot of the city’s manufacturing space. Many of his constituents rely on the L train, and Reynoso touched upon the line’s looming closure.

Born in Williamsburg to immigrant parents, Reynoso was the chief of staff for City Council Member Diana Reyna before he ran for the Council in 2013 and defeated former Assemblymember Vito Lopez in the Democratic Party.

“Scandal hit [Lopez] very hard,” Reynoso said on the podcast, referring to the fact that Lopez had been forced from the Assembly over a sexual harassment scandal. “He tried to run and I went against him, people still bet on me to lose. I didn’t get all the endorsements, surprisingly, but I won. I was very fortunate, my community had my back, I had people around me, and it was a very joyous moment for me.”

Reynoso easily won the general election in a heavily Democratic district and cruised to reelection in 2017. Throughout his time in the Council, he has chaired the sanitation committee and had oversight of key agencies related to trash, snow, and more.

In New York, every commercial establishment that will not heave its own trash is obliged by law to have its waste removed by a private carter licensed by the Business Integrity Commission. There are more than 200 carters licensed by the BIC that can lawfully gather trash from commercial establishments in the city.

However, many of these carters have bad safety records and recent journalism, largely by ProPublica, has exposed the rogue and dangerous world of private carting. Reynoso said the BIC, which was originally an anti-organized crime unit, is failing to regulate the city’s private waste industry, even after two deaths involving Sanitation Salvage, a private carter, in the last six months.

“They were put in to weed out organized crime and they’ve done a great job at doing that, but they also have other responsibilities and one of those responsibilities is regulating this industry relating to safety as well,” Reynoso said of BIC. “They’ve never done that.”

Not only is better safety regulation of private carters essential, Reynoso said, but the city must also return to a zoned system for collections, where a small number of companies wins contracts for certain geographic areas.

“It’s funny, they had a zone system when they had organized crime because they knew it was more efficient and they knew it was more profitable — you can’t make this stuff up,” Reynoso said. “The only problem is that their zoning was corrupt. We would be doing it in a way that’s fair.”

A plan is expected soon from the de Blasio administration with proposed zones and other regulations.

Reynoso discussed the importance of requiring what he called “mandatory organics recycling.” This would involve adding organics to the list of required recyclables that already includes metal, glass, plastic, and paper.

“It’s eggshells, it’s food, all that stuff you throw away,” Reynoso said. “Once you seperate it, you’ll notice that maybe 5% of your trash is not organics or recycling and that would help considerably.”

For this directive to work it must be compulsory, not voluntary, Reynoso said.

“We have to mandate that,” Reynoso said. “We can’t tell people ‘We’re going to let you volunteer or it’s a choice.’ We don’t work with choice. Unfortunately in the city of New York, you have to tell us what to do or we won’t do it.”

Throughout the podcast, Reynoso repeatedly emphasized the word “bold” in discussing the need for the city to pursue and see real change.

“To be honest, being bold is the thing that we lack here in New York City when it comes to trash,” Reynoso said. “Almost everywhere else, whether it’s immigration, housing or education, people are trying to do something. A community school here, a sanctuary city there, there’s an attempt at something bold to change the landscape of what we consider a crisis, but not sanitation.”

He called on Mayor de Blasio to take the lead.

“Being bold — having someone like a mayor that would be able to say ‘We’re going to do this, this is what’s going to happen, it’s my last four years, it’s good for the future of the City of New York so I’m going to stand up and do it.’” Reynoso said. “If we don’t see that, we’re going to have trouble and it’s not going to change.”

Beyond trash and sanitation, Reynoso was briefly asked about the upcoming L train shutdown, which will begin in 2019 and force hundreds of thousands of New Yorkers who use the subway line to go between Manhattan and Brooklyn every day to find alternate routes.

In 2012, Hurricane Sandy flooded the Canarsie Tunnel under the East River with gallons of salt water, which caused critical destruction. The MTA has released a wide-ranging plan to alleviate the consequences of the eventual stoppage, including a busway and bikeway in Manhattan and increased subway service throughout the city on other lines. A number of details still need to be worked out, some of which rely on the city’s Department of Transportation.

Reynoso said an audacious effort by DOT is required for city transportation to run smoothly following the shutdown.

“We’re going to have a hard time here,” Reynoso said. “We’ll see the crisis in the first three weeks and DOT has to be very flexible to be able to fix it…I want them to be bold.”

He said the DOT has not planned enough change on the Williamsburg Bridge for a smooth transition. He is calling for an exclusive bus lane that runs 24/7 and the importance of shutting down streets for pedestrians, buses, and bikes.

“We really need to start looking at how to move around the city of New York outside of vehicles. DOT has a perfect chance to prove that they can do it here…you have an opportunity, there’s a crisis, take advantage of it.”

[Listen: What's The [Data] Point? 1,988, with Antonio Reynoso]

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by Jordan Kimmel, Gotham Gazette
@GothamGazette

Read more by this writer.

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Council Sanitation Chair Says Mayor Must Get ‘Bold’ on Waste Management Mon, 11 Jun 2018 04:00:00 +0000
What's The [Data] Point? 1,988, with Antonio Reynoso http://www.gothamgazette.com/city/7701-what-s-the-data-point-1-988-with-antonio-reynoso http://www.gothamgazette.com/city/7701-what-s-the-data-point-1-988-with-antonio-reynoso whats the data point


What's The [Data] Point? Episode 42 -- 1,988, with Antonio Reynoso [You can download What's The [Data] Point? wherever you get your podcasts, including on iTunes]

antonio reynoso

1,988 pounds -- almost one ton! -- is the average amount of garbage a New York City household throws out each year, according to a recent study by the City Department of Sanitation. Citywide Sanitation disposed of 3.2 million tons in 2017, and that does not include commercial waste.

City Council Member Antonio Reynoso of Brooklyn, chair of the Council's sanitation committee, joined the podcast to discuss what he believes are essential steps the city must take regarding waste management, both regarding the public sector and private sector, including elements related to recycling requirements, new routes, and more. Reynoso discusses how he got elected to the Council in 2013, why he wanted to chair the sanitation committee, how he approaches waste management with an equity lens, and more, including measures he believes should be taken during the looming L-train shutdown.

Listen to the conversation and let us know what you think: Ben Max of GG (@TweetBenMax), Maria Doulis of CBC (@MariaDoulis). Listen below or download wherever you get your podcasts!

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by Ben Max, Gotham Gazette
     

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What's The [Data] Point? 1,988, with Antonio Reynoso Thu, 31 May 2018 04:00:00 +0000
Elected Officials, Advocates Push for Instant Runoff Voting http://www.gothamgazette.com/city/7650-elected-officials-advocates-push-for-instant-runoff-voting http://www.gothamgazette.com/city/7650-elected-officials-advocates-push-for-instant-runoff-voting fair vote sam

Tuesday's press conference (photo: Samar Khurshid/Gotham Gazette)


Several prominent Democratic elected officials and voting reform advocates on Tuesday assembled outside City Hall to call for instant runoff voting in citywide primary elections. Specifically, they said that Mayor Bill de Blasio’s Charter Revision Commission, which just began a series of public hearings across the city, should include it among the proposals it puts before voters on the ballot this November.

Instant runoff voting, also known as ranked-choice voting, allows voters to rank primary candidates in order of preference so that if one candidate does not cross the required threshold for victory, the candidate with the least number of votes is eliminated and the votes are redistributed based on the second choice selected by voters who had selected the eliminated candidate first, and so on until a winner emerges. The system prevents what can be costly and labor-intensive runoff elections, such as the one held in the 2013 primary election for public advocate.

Runoffs are currently only required in the three citywide races, for Mayor, Public Advocate, and Comptroller, and occur among the top two vote-getters if no candidate hits 40 percent in the first round of the primary.

Though prior instant runoff proposals originating in the City Council have failed, the group of electeds and advocates sought to seize on an opportunity presented by the mayor’s creation of the Charter Revision Commission. The commission, which is holding hearings across the five boroughs to solicit public input as to what its agenda should be, can consider any proposal presented to it, though de Blasio charged its members with particularly looking at voting access and campaign finance reform. Its recommendations will take the form of ballot referenda to be offered to voters in this year’s general election.

“I am the face of instant runoff, let me remind you,” said Public Advocate Letitia James at Tuesday’s news conference, on the steps of City Hall. The 2013 public advocate runoff -- which James won over then-State Senator Daniel Squadron -- cost an estimated $13 million to taxpayers, surpassing the office’s combined budget for James’ entire first four-year term. James said Tuesday that instant runoffs are the “least expensive and more democratic option” for the city.

“It forces you to appeal to all voters as opposed to one Democratic base,” James added. “And this means more engagement, and less polarization and more democracy. It means listening to people you might not usually listen to and a freer exchange of ideas and is consistent with our principle of democracy and free elections,” James added. She later also suggested that if the mayor’s commission failed to take up the proposal, a separate Charter Revision Commission being created by the City Council, through a bill co-sponsored by James, could step in.  

Also in attendance Tuesday were Comptroller Scott Stringer, Brooklyn Borough President Eric Adams, and City Council Members Brad Lander, Antonio Reynoso, and Ben Kallos, all Democrats. James, Stringer, and Adams are all widely considered to be contenders for the 2021 mayoral race and share overlapping bases of supporters. It’s unclear, though, whether a runoff, instant or otherwise, will come into play in that race and who might benefit from which format. Bronx Borough President Ruben Diaz, Jr. is a fourth likely Democratic mayoral candidate, and several others may also jump into the race, creating a crowded field more apt to produce a runoff.

The 2013 Democratic mayoral primary narrowly avoided a runoff, with eventual winner Bill de Blasio earning just above the 40 percent threshold. There was a Democratic runoff in the 2009 primary for public advocate, which de Blasio won. The 2001 Democratic mayoral primary was also settled through a runoff.

“Cities that have adopted instant runoff voting to eliminate runoffs have not only saved millions of dollars but have also improved their democracies by making sure that we are electing our leaders in an election where the most voters, the most diverse voters, are at the polls at one time,” said Grace Ramsey, deputy outreach director for FairVote, a nonpartisan advocacy group, at the news conference. Ramsey noted that 15 cities across the country have already implemented instant runoffs. A FairVote analysis of the 2013 public advocate runoff also showed that the Democratic primary runoff electorate was older, whiter, and wealthier than Democrats overall, and only reflected a 7 percent turnout. It occured on Tuesday, October 1, 2013.

Critiquing the state’s arcane election laws, Stringer said instant runoffs are a “progressive leap” that would allow elections to be decided quickly and efficiently, and he said the mayor’s Charter Revision Commission affords the city a prime opportunity to pursue the policy. “We don’t have to go to Albany and deal with that political dysfunction in order to get this electoral reform,” he said, an apparent reference to that fact that many other voting and election laws are dictated by the state.

In December, Douglas Kellner, the Democratic co-chair of the New York State Board of Elections, testified before the City Council on the 2017 elections and warned them that they had “dodged a bullet” by narrowly avoiding a runoff in the mayoral primary for the Reform Party line. Kellner said at the news conference Tuesday that the state already has the technology and capability to implement instant runoff voting, and reiterated the cost savings associated with implementing the system.  

“We cannot continue to have an 8-track method in an iPhone age,” said Adams, the Brooklyn borough president. “It is time to ensure that the process encourages people to come out. We live in real time, we live in instant time...Let’s make sure runoff elections are a thing of the past and let’s do it in the right way.”

The proposal put forward on Tuesday was not the first attempt at eliminating runoff elections. In 2014, Council Member Lander sponsored a bill to call a referendum on the issue. Mayor de Blasio didn’t support it at the time and has since been lukewarm on the proposal. Asked Tuesday by a reporter if there was any opposition to the proposal, Lander said, “I think it’s just an issue that it’s change and change is not always easy. This is a change to our electoral processes and that’s not something we’re always ready to do.”

As the group was gathered at City Hall, a parallel voting reform effort was being advanced in the state capital as well. The state Senate Democrats, led by Senator Andrea Stewart-Cousins, unveiled a new report highlighting the shortcomings of the state’s election system that led to an abysmally low voter turnout in the 2016 presidential election. They also released an accompanying package of bills to address voter access and participation. The conference is in the minority, though, and there is limited likelihood that the Republican majority will advance the reforms being sought, such as early voting.

[Read: State Board of Elections Official Says City Must Move to Instant Runoff Voting]

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by Samar Khurshid, Senior reporter, Gotham Gazette
     

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Elected Officials, Advocates Push for Instant Runoff Voting Tue, 01 May 2018 04:00:00 +0000
Under New Leadership and Oversight, City’s Hospital System in Spotlight http://www.gothamgazette.com/city/7515-under-new-leadership-and-oversight-city-s-hospital-system-in-spotlight http://www.gothamgazette.com/city/7515-under-new-leadership-and-oversight-city-s-hospital-system-in-spotlight Carlina Rivera hospitals hearing

Council Member Carlina Rivera (photo: @NYCCouncil)


The new CEO of the city’s beleaguered Health + Hospitals (H+H) public hospital system, Dr. Mitchell Katz, testified in front of the City Council’s new hospitals committee, and its chair, Carlina Rivera, for the first time on Wednesday, discussing the progress of the “One New York” plan to 'transform' and improve the system.

H+H is a public-private corporation that manages the city’s 11 public hospitals, health centers, and municipal healthcare provider, MetroPlus.

“Its mission is to provide quality, comprehensive health services to all New Yorkers, regardless of their ability to pay,” Rivera said. “In effect, Health + Hospitals is the default system of care for Medicaid patients, the uninsured, and other vulnerable populations, and is integral to our system of safety net hospitals.” Rivera noted that approximately 70% of H+H patients are uninsured or on Medicaid.

H+H has faced numerous fiscal challenges over the past few years. When the original One New York report was released in 2016, its intention was to reduce an anticipated budget deficit of $1.8 billion in fiscal year 2020, which begins July 1, 2019.

Last fiscal year, the de Blasio administration provided $1.8 billion in city aid to H+H as its interim leadership also took measures to overhaul its operations and finances, before Katz was brought in from Los Angeles to accelerate that work. (That was an increase from $607 million in fiscal year 2011, according to the Citizens Budget Commission.)

A recent fiscal scare originating in the federal government concerned the potential defunding of the Disproportionate Share Hospital program, which provides additional funding for hospitals that see a disproportionate number of low income patients, who may be uninsured and/or on Medicaid. The threat of cuts, which has loomed since 2014 but has become especially acute since President Donald Trump took office, was averted for the immediate future with a recent two-year extension of funding in the latest federal stopgap measure passed in February. When the cuts take effect, federal and state funding is expected to drop by approximately $800 million.

Meanwhile, after H+H announced plans to file a lawsuit against New York state government for failing to provide $380 million in funding, Governor Andrew Cuomo relented, giving H+H $360 million of the $380 million H+H claimed it was owed in October. Cuomo had initially suggested that the city tap into its reserves to provide the funding.

Tellingly, Katz, who assumed his current role after leading the Los Angeles County Health Agency for seven years and turning a $250 million budget deficit into a $560 million budget surplus, did not focus his City Council testimony on short-term revenue streams coming from Albany and Washington but rather on what he assesses are deficient practices within H+H operations and bureaucracy that are hindering its ability to collect revenue to its full potential.

Katz outlined a seven-point plan to increase revenues without cutting vital services. It includes cutting administrative expenses, which Katz said has begun recently by eliminating outside consultants from the system to the tune of $16 million in savings, and investing in new “revenue generating positions” such as primary care doctors, pharmacists, and nurse practitioners instead of solely ER doctors, a goal Katz outlined at the beginning of his term.

Hiring more people will also cut down on wait times, Katz said, in response to Rivera bringing up the issue. Katz described waits for appointments as “hugely variable.”

“One of the things that I found distressing was at Bellevue, is that the wait for behavioral assessments for a kid is currently months,” Katz said. “Which, frankly, has nothing to do with money, because kids are fully insured.”

But perhaps the more significant stabilization schemes, which were the focus of more attention at the hearing, relate to reforming H+H’s billing processes and bringing more insured patients into the system. Because H+H has a reputation as the hospital network that serves the indigent, many insured people do not use municipal hospital services. As a result, Katz said there is a substantial amount of bureaucratic waste within the system due to poor administrative skills on the part of system workers, who normally work with people who are either uninsured or on Medicaid.

This point was hammered by Council Member Antonio Reynoso, who recently became a father and described his experience as an individual with private insurance at Woodhull Hospital, an H+H hospital “across the street” from his district. Reynoso effusively praised Woodhull’s maternity ward and other services, but chastised billing procedures as inefficient.

Katz agreed that H+H needs to develop better billing procedures, including diagnostically coding bills correctly, checking insurance cards, checking prior authorization, and better communication with insurance companies. He cited a skilled nursing facility that spends roughly $21 million on drugs but only has revenues of $5 million.

“That’s impossible,” Katz said, “because we’re talking about skilled nursing facilities where there are almost no uninsured patients.” Katz claimed that the $21 million was a fair market value for the drugs but that the significant revenue shortfall had its roots in poor billing practices.

The situation at the skilled nursing facility is only the tip of the iceberg. In response to a question from Rivera, H+H Chief Financial Officer Plachikkat Anantharam stated that H+H lost between $130 million and $290 million in 2017 as a result of chronic underbilling.

Further, Katz said that H+H should not be referring patients out of the system and into the private market. Via MetroPlus insurance, H+H by proxy essentially pays private hospital operators to provide care, resulting in a significant amount of lost revenue.

Katz also stated that H+H needs to begin offering services that are “well reimbursed.” He illustrated this point by comparing behavioral health, for which H+H is the largest provider in the city and which is “poorly reimbursed,” and angioplasties, a heart procedure that is well reimbursed by insurance companies, but is rarely performed by H+H, and only at Bellevue Hospital.

Katz also wants, as part of his plan, to “convert uninsured people who qualify for insurance to be insured,” whether through Medicaid or MetroPlus, the government sponsored health insurance provider wholly owned by H+H that insures around a half-million New Yorkers and is offered on the Affordable Care Act exchange. Katz identified 250,000 people in the city who are uninsured but qualify for insurance coverage, out of a total of 667,000 uninsured people in the city.

“250,000. Let’s agree we won’t get 250,000,” Katz said, in reference to not being able to insure every eligible uninsured New Yorker. “That’s a lot of people. But if you got 100,000 of the 250,000 that we believe are currently getting our services and are insurable, that would be huge.”

Regardless, the Council members and Katz acknowledged that signing up tens of thousands of people for insurance is easier said than done. Council Member Mark Levine, chair of the Council’s health committee, asked whether it was possible to enroll patients who walk into a facility on the spot, and why this hadn’t been done in the past.

“Is that another cultural challenge you have to overcome,” he asked. “Is that a resource issue? Or am I making it seem simpler than it really is?”

“No, Council Member, I think you’re right, and accurate. It’s both of those things,” Katz responded.

“I think another part of that is that there’s no -- right now, we haven’t constructed a system to make it that that’s the easiest choice for the person, right, to be able to enroll in insurance,” he continued. “We’ve kind of made it easier to pay $10, which might be the same copay that they would pay if they had insurance. But the difference between what our system and city would receive is huge.”

Katz cited his experience in Los Angeles as evidence that the public hospitals system could be stabilized without attrition, or mass firings in other terms. Indeed, as Citizens Budget Commission noted in its analysis, "Lessons from La La Land," previewing Katz's takeover at H+H, "The good news was all on the revenue side."

“When I started in Los Angeles, there was also a deficit. It was $226 million, which at the time seemed to me like a lot of money, before I came to New York City,” Katz said, eliciting laughter from the audience of healthcare advocates and professionals in the Council’s Committee room. “But when I left, not only did we have a surplus, but we had added 1,500 public sector jobs. So one thing I do know is that you have to take financial problems seriously, but you can grow out of financial problems sometimes more easily than you can shrink out of financial problems.”

Reynoso was particularly fond of that line. “Grow out of a financial problem, that’s a great way to put it,” he said.

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by Ben Brachfeld, Gotham Gazette

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Under New Leadership and Oversight, City’s Hospital System in Spotlight Sun, 04 Mar 2018 05:00:00 +0000
City Landmarks Brooklyn Home Against Owner’s Wishes http://www.gothamgazette.com/city/7503-city-landmarks-brooklyn-home-against-owner-s-wishes http://www.gothamgazette.com/city/7503-city-landmarks-brooklyn-home-against-owner-s-wishes peter rosa huberty google earth

1019 Bushwick Avenue (via Google Maps)


In October, the city’s Landmarks Preservation Commission voted to designate the Peter P. and Rosa M. Huberty House, at 1019 Bushwick Avenue in Brooklyn, as a city landmark.

“The designation of the Huberty House honors both the historic character of Bushwick Avenue as it developed in the early 20th century, as well as the contributions of architect Ulrich Huberty to the borough of Brooklyn," LPC Chair Meenakshi Srinivasan said at the time. “Today's landmark designation will preserve this splendid Colonial Revival for future generations of New Yorkers to enjoy."

A little more than three months later, on February 6, the item passed the City Council’s Subcommittee on Landmarks, Public Siting, and Maritime Uses. It then passed the Council’s Land Use Committee on February 8, and finally the full City Council on February 15. The landmarking has the support of the LPC, Council Member Antonio Reynoso, who represents the district the house sits in, Reynoso’s predecessor, Diana Reyna, Brooklyn Borough President Eric Adams, the Historic Districts Council, and the New York Landmarks Conservancy, to name a few.

The problem: the owner of the house, Virginia Giovinco, is staunchly against it.

Giovinco testified at a January 23 meeting of the Council’s Landmarks Subcommittee, when the landmarking of the house was being considered.

“It’s a terrible burden on me,” she told the subcommittee. “I just cannot live with that idea. So I strongly oppose this designation for that moment that I don’t have control over my house.”

The home has been in Giovinco’s family since 1937, when it was purchased by her grandfather, Luciano Giovinco, a tailor who had immigrated from Italy at the beginning of the 1900s. The house, a 4,000 square foot colonial revival mansion, was originally built in 1900 by the architect Ulrich Huberty for his parents, Peter and Rosa. Huberty also designed buildings such as the landmarked Williamsburgh Savings Bank, Hotel Bossert, and the Prospect Park Boathouse.

Giovinco, now in her eighties, claimed at the hearing that the city has been attempting to landmark the house for at least 15 years. Her main worry appeared to be losing the autonomy of regular homeownership. She testified that, over the course of the Giovinco family’s 81-year ownership of the house, it had been kept in immaculate condition and any improvements had not deviated from the original colonial style of the home.

“The old-timers did not need an outside agency to tell them they should preserve the appearance of this house,” she said. “And I don’t need an outside agency either.”

Virginia Giovinco’s cousin Paul Giovinco also testified at the hearing, attesting that the house was not just within Virginia’s immediate family but rather a focal point for the entire extended family. Paul called out the city for not being supportive, saying that they had not received an offer from the city to cover a fixed portion of maintenance costs required by the landmarking.

“We’re not gonna go ahead and throw down some tar paper, and some shingles,” Paul said. “We’re gonna maintain it the same way. But I don’t see no compensation or help. So what is the landmark giving us?”

In response to testimony from the Giovincos, Council Members Daneek Miller and Mark Treyger discussed the need to strike a balance between the issues of homeowner autonomy and the need to preserve historic structures and communities through the landmarking process. Council Member Peter Koo recommended that the committee lay over the matter until further study.

At the February 15 meeting of the full City Council, Miller, Treyger, and Koo all voted to advance the landmarking.

Seven Council members voted against the designation: Joe Borelli, Ruben Diaz, Sr., Mark Gjonaj, Bob Holden, Steven Matteo, Eric Ulrich, and Kalman Yeger -- the Council’s three Republicans and several more conservative Democrats. Giovinco’s objections to the landmarking were on their mind.

“It is my understanding that the property owner was not in favor of the landmark designation,” Ulrich told Gotham Gazette. “Therefore I voted against it.”

Borelli went even further in his objections, suggesting that the landmarking is a violation of the owner’s personal liberties.

“No owner is treated fairly if their rights are taken away without compensation,” Borelli said in an email. “There is no other agency in government that has that power, only this commission that decides which buildings are more relevant than others.” Among the rights Borelli cited as being taken away by LPC include “everything from putting a new addition on; to painting it with purple polka dots; [t]o using aluminum siding; [t]o demolishing it, because the cost of maintaining it under LPC guidelines is costly.”

Borelli said the Landmarks Preservation Commission should be focusing more on landmarking buildings wherein preservation would be a public benefit, rather than simply picking “the prettiest house on the block.”

The Landmarks Preservation Commission describes itself as “the largest municipal preservation agency in the nation;” 36,000 buildings are landmarked properties in New York City. Most of those are located in larger historic districts, but there are 1,405 individually landmarked buildings, along with 120 “interior landmarks” and 10 “scenic landmarks,” which consist of city parks such as Central Park, Prospect Park, and Riverside Park. Its leadership is made up of 11 commissioners appointed by the mayor. When the LPC designates a city landmark, the designation must then be approved by the City Council’s Land Use Committee and then the full council.

Virginia Giovinco declined to comment for this story. She has been on record against the landmarking since at least 2013, when she testified at an LPC hearing with the same concerns as she has now: that landmarking the house would result in her losing autonomy over her property.

For its part, an LPC representative said that the commission has designated approximately 150 free-standing homes as landmarks, with another 2,000 being landmarked as part of a historic district. Zodet Negron, a spokesperson for the LPC, told Gotham Gazette that the LPC has designated eight single-family homes as landmarks in the past four years, receiving the support of six of the owners; in the end, the owner’s approval is not required for designation. Negron stated that the LPC had done “extensive outreach” with Giovinco and that it intended to work with her “to ensure a smooth regulatory process.”

“Our intent and approach is always to seek the cooperation of owners and establish a collaborative relationship that continues after designation,” Negron told Gotham Gazette. “Thousands of single-family homes are regulated by the Commission throughout the city, including both individual landmarks and within historic districts, and we work closely with homeowners to appropriately and expediently meet their needs.”

According the city’s administrative code, minor work on a landmarked property typically requires a permit from the LPC, unless another city agency deems an improvement necessary for safety. Major work such as demolitions or new construction requires more permissions from LPC, including a “certificate of no effect” on “protected architectural features,” a “certificate of appropriateness,” or are otherwise authorized to proceed with the work. The code also says that owners should keep properties in “good repair” and prevent decay and deterioration. Negron said “routine maintenance” of landmarked properties typically does not require review from LPC.

City Council Member Adrienne Adams, the chair of the Landmarks Subcommittee, also told Gotham Gazette that she had met with Giovinco after the hearing.

Though Bushwick Avenue is lined with many historic properties, only one other home on the avenue has been landmarked: the Catherina Lipsius House at 670 Bushwick Ave. Other landmarks on the stretch include a church, a Brooklyn Public Library branch, a Masonic Lodge, and the Williamsburg Houses NYCHA development.

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by Ben Brachfeld, Gotham Gazette

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City Landmarks Brooklyn Home Against Owner’s Wishes Thu, 01 Mar 2018 05:00:00 +0000
Protecting Tenants from Construction Harassment http://www.gothamgazette.com/130-opinion/7096-protecting-tenants-from-construction-harassment http://www.gothamgazette.com/130-opinion/7096-protecting-tenants-from-construction-harassment sts op ed

photo, including three of the authors, via the Progressive Caucus


We’ve seen it in our districts. A new landlord takes ownership of a building and starts a construction project that never finishes in order to evict long-term residents. They may turn off the cooking gas indefinitely; they may even knock out the boiler with no explanation.

For too many New Yorkers, this nightmare is their reality. The stories are plentiful: heat and gas shutoffs in the middle of winter, jackhammering causing cracks in apartment walls, loss of power, and lead dust in the air lasting for months on end. For years, city and borough officials and community advocates have encountered a critical mass of stories like these, detailing the unscrupulous conduct of landlords as well as the insufficient response from the City of New York.

We, as members of the City Council members and its Progressive Caucus, see the writing on the walls: our city needs more protections in place for tenants facing construction harassment.

Understanding the need to strengthen the ability of the Department of Buildings (DOB) to protect tenants from construction as harassment, the grassroots Stand for Tenant Safety Coalition (STS) has partnered with the Progressive Caucus to put forth a package of legislation aimed at achieving just that.

These 12 STS bills, most of which are sponsored by members of the Progressive Caucus, with strong support in the Council, will put in place much tougher penalties against abusive landlords for illegal construction practices and enact preventative measures to help tenants protect their homes.  

The goal is to change the way DOB handles construction harassment so that the agency is empowered to become more proactive with regard to issuing construction permits and facilitating communication among tenants, landlords, and city agencies. Such renewed tenant protections are intended to quicken and fortify the City’s response to construction harassment so vulnerable residents in rapidly changing neighborhoods are able to stay in their homes and communities.

As policymakers, we know that construction harassment by unscrupulous landlords only exacerbates the affordable housing crisis already facing residents of New York City. In recent years, the average rents in some city neighborhoods have risen by 20%; in such neighborhoods especially, unethical landlords can use construction as a way of cashing in on rising rents instead of protecting the existing tenants. Calls the City has been receiving from New Yorkers reflect this; construction-related complaints number in the thousands each year.

Even as preserving and creating affordable housing has remained a focus of both the City Council and Mayor Bill de Blasio’s administration, the myriad loopholes landlords use in existing laws allow the number of rent-regulated apartments to dwindle. With both the cost of living in the city and rent continuing to rise, protecting the health and safety of tenants through legislation is the minimum of what can be done, the least of how this city can maintain a fair and just society. With the city losing affordable housing every year, we cannot afford to ignore any way in which tenants are threatened by eviction from their homes.

As the clock ticks toward the end of the current City Council session, we need the Council to pass this Stand for Tenant Safety package of legislation as soon as possible. The New York City Council just made history by passing the city’s first ever Right to Counsel legislation, which will provide legal assistance to tenants facing eviction in housing court. We urgently need to continue making progress on tenant rights in New York City by strengthening preventative measures that will help keep tenants from facing eviction in the first place.

It is time that the City renew its commitment, through strengthening the enforcement power of the Department of Buildings, to standing up for residents living under adverse conditions and protect our communities from abusive, unethical landlords. As long as economic inequality and hazardous building conditions threaten health and safety, the City must continue to strengthen every person’s opportunity for a livable and affordable place to call home. As progressive City Council members, we hope our colleagues and the de Blasio administration will work together with us to ensure that our city’s most vulnerable tenants are protected.

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Antonio Reynoso, Donovan Richards, Helen Rosenthal & Ben Kallos are all members of the City Council and leaders of its Progressive Caucus. On Twitter @CMReynoso34 & @DRichards13 & @HelenRosenthal & @BenKallos, & @NYCProgressives.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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Protecting Tenants from Construction Harassment Sun, 30 Jul 2017 04:00:00 +0000
Fair Share: Design Flaws, Flashpoints & Possible Updates http://www.gothamgazette.com/city/6633-fair-share-design-flaws-flashpoints-possible-updates http://www.gothamgazette.com/city/6633-fair-share-design-flaws-flashpoints-possible-updates garbage trucks

Trucks (photo: Sofie Hecht/Gotham Gazette)


This is part two of a two-part series on the city’s Fair Share rules. Read part one: City May Soon Have More Formal ‘Fair Share’ Discussion

Fair Share Flawed from the Beginning, Some Say
Ronald Shiffman, now professor emeritus at the Pratt Institute and co-founder of Pratt’s Center for Community Development, was appointed to the newly-expanded City Planning Commission in 1990, and was present for the adoption of the Fair Share Criteria. He told Gotham Gazette that the creation of the criteria was compelled in large part by increasing concern over the then-nascent homelessness crisis and the early power of the emerging environmental justice movement.

“The criteria came out of the need to house populations that were more difficult to house at that time: the homeless, people just released from mental hospitals, people with AIDS,” Shiffman said. “Because of statewide deinstitutionalization policies, the city had to find a way to house these people. The criteria were meant in part to prevent communities from discriminating against those populations.”

Shiffman also said that the criteria were kept intentionally vague, so as not to “tie the city’s hands” when shelters and other facilities needed to be sited quickly, and noted the difficulty of achieving an equal distribution of burdens.

“How do you make sure that no area is getting over-concentration due to having more city-owned property or being less powerful than other communities?” Shiffman said. “There is a difficult line between preventing communities from excluding populations in dire need of housing and giving communities tools to protest an over-concentration of ‘burdensome’ facilities. It was a goal, to find a balance, and for everyone to carry their fair share of residential facilities.”

According to Shiffman, the Fair Share Criteria began to lose power as more city services and facilities were taken over by not-for-profit and private entities, because the accountability and mapping requirements set forth by the criteria apply to only city-owned and operated facilities.

“With the privatization of those facilities, city control kind of evaporated,” Shiffman said. “Devolving so much authority to the private sector allowed service providers and the city to do things that were far more inequitable than when we were dealing only with city-owned lots.”

At the same time that the newly-created criteria sought to compel communities to do their part to shelter fellow New Yorkers, the environmental justice movement saw the criteria as a tool to help protect low-income communities of color from becoming dumping grounds for waste processing stations.

Eddie Bautista is the director of the New York Environmental Justice Alliance; in 1990, when the criteria were enacted, he was the Director of Community Planning with the New York Lawyers for the Public Interest (NYLPI). Bautista said that the criteria emerged at the same time that the environmental justice movement in New York was ramping up.

“Environmental activists saw Fair Share as an organizing opportunity,” Bautista told Gotham Gazette. “We developed a citywide coalition with groups doing different environmental organizing in low-income neighborhoods of color.” Those neighborhoods, Bautista said, had “too much of the bad stuff and not enough of the good stuff.”

Bautista and others in the environmental justice movement at the time hoped that the criteria would increase transparency of the city facility-siting process, and provide an “early warning” to communities whose neighborhoods had been selected for waste processing stations so that they might intervene.

“The Charter Revision in ‘89 put land use in the hands of the City Council,” Bautista said.

While NYLPI was able to prevent the construction of two sludge treatment facilities using the criteria as an argument, Bautista says that, overall, the criteria are too superficial in nature and too opaque in execution to be impactful.

“Fair Share was never designed to get at the root causes of inequity in neighborhoods,” Bautista said. “It was made to look at the symptoms of the problem; it wasn’t going to change the siting dynamic.”

Bautista also points to the lack of penalties levied upon city agencies that do not submit upcoming facilities to the Citywide Statement of Needs; noting that there are no consequences for an agency that does not include plans to open a new facility in a neighborhood. For instance, the Fire Department submitted a site relocation proposal in the Statement of Needs for Fiscal Years 2016/2017 but did not do so for Fiscal Years 2017/2018. At the same time, in 2016/2017, Department of Homeless Services and the Administration of Child Services had no site proposals, but in the next statement, both agencies put forward multiple projects. Not enforcing a complete picture of new facilities in neighborhoods means that communities “never get an accurate view of what’s happening in their areas,” Bautista said.

“We had three administrations where Fair Share was meaningless because the regulatory framework made it so toothless,” Bautista said, referring to Mayors Dinkins, Giuliani, and Bloomberg.

A representative for the City Planning Commission confirmed that there are no punitive measures taken against agencies that fail to participate in the annual statement, but that checks and balances on siting decisions occur throughout the ULURP and public comment process. Often, it is left to City Council oversight and public pushback to a Council member or at a Council hearing to hold sway over these types of omissions.

Despite high hopes at the outset, there is no doubt that the Fair Share Criteria have not proved as useful as early proponents had hoped. But, their influence is starting to be felt again in conversations around distribution of facilities. The perception and reality of inequitable distribution are a constant in headlines across New York, as evidenced by the defeated proposal for the homeless shelter in Wakefield, which would have oversaturated the neighborhood, and the agitation over the conversion of the hotel into a homeless shelter in Maspeth, Queens, where the city has limited such facilities. In both situations, the city has had to navigate local concerns while attempting to install services and infrastructure for a growing population. In the case of Wakefield, Council Member Andy Cohen believes Fair Share was definitely a contributing factor in the administration’s final decision. In an interview outside City Hall, he told Gotham Gazette that there is a tension between the city’s need to house the homeless and the needs of communities.

“I think in order to maintain quality of life there just has to be balance,” he said, “and having a disproportionate number of homeless people being serviced out of one community, I think taxes the NYPD.” He cited as an example one of the shelters in the Wakefield neighborhood that he said had generated more than 500 911 calls within the first six months of opening. “The precinct is not able to service the rest of the...precinct if they’re answering all of these calls so that’s the kind of example of why I think it’s important that these facilities are spread out in a proportional and representative way,” Council Member Cohen said. 

Fair Share Flashpoints
Council Speaker Mark-Viverito ignited a firestorm of protest and earned quite a few applause when she spoke hopefully in her 2016 State of the City address of reducing the jail population of Rikers Island so significantly “that the dream of shutting it down becomes a reality,” and announced the creation of a special commission to be led by Jonathan Lippman, former Chief Judge of the New York Court of Appeals. The commission is reviewing the city’s entire criminal justice system, including the possibility of closing the island’s jails and relocating the detainees and inmates.

DNAinfo reported in March that, contrary to earlier claims from the mayor’s office that the closure proposal was a “noble” but “unworkable” concept, city officials had begun examining several locations for new and expanded jails that might house the thousands displaced by shuttering Rikers complexes. As of October 20, Rikers held about 7,500 inmates, many awaiting trial, and other city jails off the island held about 2,200, for a Department of Correction headcount of 9,764, according to a DOC spokesperson.

According to DNAinfo, officials identified possible locations in the Bronx, Brooklyn, Queens, and on Staten Island, “where two new jails — each housing as many as 2,000 inmates — could be built.” According to several proposals that have been around for years, existing detention centers could and should be expanded to also accommodate detainees if Rikers were to be closed -- something Mayor de Blasio has called a long-shot and a many years, multi-billion dollar project if it were to ever come to fruition.

Perhaps even more daunting to the prospect of closing Rikers jails than several billion dollars in costs are the roadblocks thrown up by the Uniform Land Use Review Procedure, or ULURP. In the event that the city would need to site small jails to take on the incarcerated population, each site would be subject to a lengthy, complicated, and controversial process that also requires the application of the Fair Share Criteria. Pushback from several City Council members was quick and fierce when DNAinfo reported on potential communities being targeted. No one wants a jail in their district - or “back yard.”

One site on the short list for a hypothetical new jail is Hunt’s Point, where a jail barge holding 800 prisoners is currently moored - and the very neighborhood Mark-Viverito held up as an example of an area already saturated with more than its fair share of burdensome facilities.

“While I understand that we need to make strides in improving corrections infrastructure, primarily Rikers Island, the solution is not building a new facility in the South Bronx,” City Council Member Rafael Salamanca, recently elected to represent the area, said in an April press release, released in collaboration with State Senator Jeff Klein.

City Council Member Antonio Reynoso, who represents Williamsburg, Bushwick, and Ridgewood, said in a statement that while he has not been able to verify that the city is considering using a National Grid site in his district as a jail location, “...if it were true, the proposal would need to go through public land use review, and I would never allow it to pass.” The Council is known to defer to the local representative on land use decisions.

City Council Member Joseph Borelli, of Staten Island’s south shore, has advocated for addressing conditions at Rikers in lieu of shutting it down. He put his response plainly in his letter to Mark-Viverito: “No one wants a jail next to their house.” 

Homeless Shelters
In 2013, then-Comptroller John Liu released a report that set out to examine the way the city chooses sites for homeless shelters, and to “determine if the City’s goal of transparency is being effectively achieved by implementation of the Fair Share Criteria.” The answer, in short, was “no,” but the report dove deep into the ways the complex process of siting city facilities is made even more convoluted and opaque when different kinds of shelters and shelter operators are in play.

“Shelters are undoubtedly clustered in low-income neighborhoods,” the report stated. Using data from 2011, the comptroller’s office showed that “family and adult shelters were unevenly dispersed across the city,” with the greatest concentrations found in the Bronx, followed by Brooklyn, Manhattan, and Queens. Staten Island was not included, because its six shelters made the borough an outlier that skewed citywide results. The analysis is never as simple as being borough-based, of course, and there are specific communities that are at the heart of fair share issues.

Though the unequal distribution of shelters was stark, the report was more an indictment of the failure of the Fair Share Criteria to ensure transparency in the shelter siting process. The criteria, the report said, should “set the framework for dialogue between communities and government in an effort to achieve optimal levels of efficiency, utility, and fairness in the siting of public facilities,” and were developed “to provide communities with a transparent decision-making process that facilitates adequate planning and takes communities’ needs into account.”

To this end, the report pointed out a litany of shortcomings, chief among them that a large number of homeless shelters are regularly not included on the annual Citywide Statement of Needs. Many DHS shelters are excluded, as are emergency shelters, which by nature are not anticipated, though potential sites could be identified earlier; as well as per diem shelters, “which are not City facilities” and therefore skirt a real public input process. Those exclusions, the report says, prevent communities from offering comment or intervening once a site has been chosen.

The lengthy report contains a thorough critique of and suggestions for improvement to the transparency aspects of the Fair Share Criteria, but the driving conclusions were that “there is poor notification and limited community participation in decisions about siting family and adult homeless shelters” and that “clustering is occurring and that certain neighborhoods across the City have a higher proportion of family and adult shelters than others” - namely, low-income neighborhoods such as Bedford-Stuyvesant and Brownsville in Brooklyn, Fordham, Morris Heights, Belmont, and East Tremont in the Bronx, and Central Harlem in Manhattan.

If the public notification and input process were improved, the report says, a more transparent process might create a more equitable distribution of facilities.

The problems of transparency and clustering don’t seem to have improved significantly since that data was collected in 2011.

In 2015, the Department of Homeless Services released data showing that the ten community districts with the most homeless shelters contain more shelters than the other 49 districts combined. Of those top ten districts, four were located in the Bronx.

The other areas with the highest concentration of shelters were almost all low-income and predominantly non-white, including Manhattan Community Boards 10 and 3 in Harlem and the Lower East Side, respectively; Brooklyn CB3 in Bed-Stuy; and Manhattan CB11 in East Harlem.

“New York City is legally obligated to provide shelter to any New Yorker who would otherwise be on the streets,” said a Department of Homeless Services spokesperson in an email. “Mayor de Blasio charged the administration with evaluating the breadth of human services located in each community district citywide to identify areas to locate new shelter facilities. We are committed to engaging communities on these issues, listening to feedback and working to address community concerns.”

DHS takes a number of factors into consideration when selecting a new site for a homeless shelter -- rating the bid made for the site, whether the building has the appropriate documentation, including a Certificate of Occupancy, whether it complies with requirements of the state Office of Temporary and Disability Assistance (OTDA), timeframe of availability, potential capacity and saturation, among others. The OTDA also has to approve the expansion of an existing shelter. In non-emergency circumstances, the city ensures that elected officials are informed of a shelter opening at least 45 days in advance. DHS now also creates a Community Advisory Board for every new shelter. These boards, comprised of appointees of local elected officials and community members, hold monthly meetings with DHS staff, the shelter operator, and NYPD to discuss any pertinent issues.

However, the regulatory void in which homeless shelter siting operates became apparent in 2014, when DHS successfully opened a new homeless shelter for adult families without children at 56-66 Clay St. in Greenpoint, Brooklyn, despite protests from local officials and community members that a public review process had not taken place.

Assembly Member Joseph Lentol pushed back, citing the four existing shelters in his district, and asking city officials to consider the Fair Share Criteria before making a final decision.

"For more than 40 years we have been our brother’s keeper, and we continue to accept that responsibility on the condition that we are not being unfairly singled out to carry this burden," Lentol said in a letter to Department of Homeless Services about the conflict. "Other communities are not carrying this same burden because Community Board 1 is unfairly carrying this load."

But the shelter on Clay Street was not subject to the Fair Share Criteria, or to any lengthy public review process. It was instated as an emergency shelter, for which DHS must only give seven days notice. While DHS acted legally, the shelter felt as though it had been “smuggled in by the dead of night,” Board 1 chair Dealice Fuller said in a letter to Mayor de Blasio last year. 

Waste Management
On August 17, Mayor de Blasio announced major planned reforms to the city’s commercial sanitation industry, which would seek to reduce truck traffic and emissions, increase recycling and promote environmental justice by creating commercial waste zones that are each served by one private sanitation company. The plan was praised by the Transform Don’t Trash NYC coalition, an environmental justice community group that has long advocated against the problem of waste facility clustering in the city.

While city officials are making and eyeing significant strides toward reducing the amount of waste New York residents and businesses produce, processing and transfer stations are concentrated in a handful of low-income communities populated predominantly by people of color.

Transform Don’t Trash NYC released a report in 2015 indicting the city’s “inefficient and ad-hoc arrangement” for waste processing that allows hundreds of private hauling companies to collect waste from restaurants, stores, and other businesses each night and “truck it to dozens of transfer stations and recycling facilities concentrated in a handful of low-income communities of color.”

After collecting data for both city-run and privately-owned waste collectors, the report authors found that 75% of all waste handled in New York City is trucked to transfer stations in just three outer-borough neighborhoods in North Brooklyn, the South Bronx, and Northeast Queens.

The 4,000-plus diesel trucks that transport waste to those facilities each day emit exhaust, increase traffic congestion, and add wear and tear to roads, according to the report. The study found that the trucks’ emissions alone have a significant negative impact of air quality in neighborhoods where waste facilities are clustered.

While de Blasio’s new commercial sanitation plan will address these issues, there is no indication if it will also look at the Fair Share Criteria to site new waste management facilities. In March, the New Harlem East Merchants Association wrote a letter to the Department of Sanitation, demanding that the department reconsider its decision to open a sanitation garage in a residential neighborhood on 3rd Avenue, about 1,200 feet away from another garage on East 131 Street, and in close proximity to two schools and a new cancer treatment facility.

According to a statement from New Harlem East Merchants Association, the addition “would place an unfair burden on the East Harlem community,” which already struggles with an asthma rate twice that of the city-wide average (asthma rates in the nearby South Bronx are also quite high). The city has not indicated that community protest will prevent a second garage from going up.

However, where the Fair Share Criteria have failed, local legislators are pursuing alternative projects and policies to prevent low-income communities from handling the vast majority of the city’s waste with a mind toward more equitable distribution.

Building on the 20-year Solid Waste Management Plan (SWMP), which has an environmental justice focus and was adopted by Mayor Bloomberg and the City Council in 2006, City Council Member Steve Levin of Brooklyn introduced a bill in October 2014. Intro. 495, also known as the “Trash Cap,” would cut the daily waste processing capacity in the three most-burdened neighborhoods -- North Brooklyn, South Bronx, and Northeast Queens -- by 50% of the daily trash volume they currently receive, according to Council Member Antonio Reynoso’s legislative director, Lacey Tauber. It would also cap the permitted capacity of waste transfer stations at 10 percent of the average citywide capacity. 

Reynoso, who is chair of the Council’s Committee on Sanitation and Solid Waste, also represents the district with the highest concentration of waste facilities: parts of Brooklyn including Williamsburg and Bushwick. 

Under the trash cap bill, all community districts with solid waste transfer stations would be capped, but not every cap would be the same, Tauber told Gotham Gazette. The bill considers any community district handling more than 10 percent of the city’s waste as overburdened and seeks to ensure that community districts that aren’t already over that threshold are capped at 10 percent and cannot be pushed over it.

“The [10 percent] cap on citywide waste ensures that lessening the burden on one community does not simply transfer that full burden to another similar community,” Tauber said.

Tauber added that pairing prevention of over-saturation of waste facilities with a clear alternative is key to not sacrificing equity in one community to benefit another.

“If we say you can’t bring it here but don’t specify where it can go, that directs waste to other low-income communities of color,” Tauber said.

After negotiations with the de Blasio administration about the bill, which had a hearing early in 2015, it was amended to increase the cap from the original proposal of 5 percent to the current 10 percent. The bill has not yet been voted on in committee.

Another way to decrease truck traffic and associated ills is through the use of marine transfer stations, or MTS, where waste leaves the city via barge, decreasing traffic and consolidating the process. The city is opening MTS in Queens, Brooklyn, and, perhaps most famously, on 91 Street on the Upper East Side. According to the NYC Environmental Justice Alliance, the latter, a wealthy and well-connected neighborhood, has funneled hundreds of thousands of dollars into an opposition campaign. Nevertheless, construction is still underway, and proponents of MTS believe the three will offer significant relief to overburdened communities.

“It will help decrease traffic, congestion, pollution - everything that the trucks bring into those low-income neighborhoods,” Tauber said of the Upper East Side MTS.

Yet, the MTS currently only deal with the residential waste under the jurisdiction of the Department of Sanitation. Incentivizing private truck companies that pick up waste from businesses and restaurants is another challenge that the city appears to be targeting through the neighborhood zoning plan. This model allows the city to consolidate truck traffic and regulate labor standards, truck emissions, and more. The proposal that the de Blasio administration put out has a long way to go before becoming law.

Updating Fair Share
Despite noble intentions, the Fair Share Criteria does not achieve the kind of transparent public input process and equitable city landscape sought by its supporters. While Speaker Mark-Viverito promised in her February State of the City address that the City Council would “empower neighborhoods by working with our partners in City and State government to create tools and improve opportunities for public input in the Fair Share process,” no specific legislation has been put forth. In the August interview with Gotham Gazette, she said the Council was exploring the issue, and may put out a paper on it. 

City Council Member Brad Lander, long a proponent of progressive city planning practices, has clear ideas about how to revamp the criteria.

“Step one is to provide more transparency on both the existing siting of various forms of municipal infrastructure and services that are covered by the fair share rules, and more transparency on each individual application so it will be possible to really evaluate whether it is fair or not fair,” Lander told Gotham Gazette in an interview.

Second, Lander said that the criteria have to be updated. “If City Planning wants to do that, great. But if not, we need to step forward and push them to do it,” he said.

The third objective, Lander said, and one that could be the most challenging legislatively, “is putting some teeth in the laws, having some consequence for unfair sitings, making unfair sitings be more difficult for the city than fairer ones.”

“Developing a system that has at least a thumb on the scale toward more equitable distribution: that’s the ultimate goal,” Lander said.

The City made significant moves in this direction in April, according to Lander, when the administration quietly resurrected the formerly-annual Social Indicators Report. Though the annual report was mandated in the same 1989 Charter Revision that created the Fair Share Criteria, this is the first report to be published by a Mayor in a decade.

The report, which mostly escaped public notice, provides a comprehensive statistical snapshot of the city, ostensibly to provide a clearer understanding of both need and progress in various communities. The data is disaggregated by 45 different indicators, including race, income, gender, education, English proficiency, and others. The report’s introduction states that it is “meant to help guide the City’s efforts to reduce disparities and advance equity.”

Lander says that while the City Council works on how to update and improve the Fair Share Criteria, the Social Indicators Report is a valuable and promising tool. “It’s a good, strong step forward,” Lander said. The Council member did not indicate whether anything on fair share from his office or the Council in general should be expected any time soon.

Eddie Bautista, executive director of the New York City Environmental Justice Alliance and veteran in the fight against clustering waste facilities in low-income neighborhoods, is cautiously optimistic.

“What would make it meaningful would be to go back to the original concept: transparency and a full accounting of the burdens and lack of benefits in each community,” Bautista said.

“The Fair Share Criteria was all we could muster in ‘89 and ‘90. After 25 years of cynicism, I’m looking forward to the [City Council] speaker - the first speaker of color - and Brad Lander - an activist involved in early fair share conversations - working toward a solution on this.”

**This is part two of a two-part series on the city’s Fair Share rules. Read part one: City May Soon Have More Formal ‘Fair Share’ Discussion**

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by Maggie Calmes & Samar Khurshid for Gotham Gazette
@GothamGazette

Note: this story has been updated to reflect amended language in Intro. 495, the "Trash Cap" bill.

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Fair Share: Design Flaws, Flashpoints & Possible Updates Sun, 20 Nov 2016 05:00:00 +0000