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Responsibility for Akai Gurley's Death


nypd recruits

NYPD recruits (photo: @CommissBratton)


A Brooklyn grand jury recently indicted NYPD probationary Police Officer Peter Liang in the death of Akai Gurley, who was shot in a darkened public housing stairwell in November. The indictment means Liang will be brought to trial on homicide charges.

But an important question remains: is anyone else responsible for Gurley's death?

The finger of blame points at two of New York City's largest and most important agencies. First, the New York City Housing Authority (NYCHA) must bear responsibility. NYCHA knows that stairwells are crime-prone locations that require regular patrols by the NYPD. By failing to maintain a properly lit stairwell, NYCHA placed its tenants and the city's police officers at serious risk of harm.

Worse, Gurley and his girlfriend used the darkened stairs after growing tired of waiting for an elevator, which apparently wasn't working properly. Another example of the disrepair that we know plagues NYCHA buildings, yet receives too little attention.

Indeed, the darkened stairwells that were the norm at the Louis Pink Houses created a crime prone location that no doubt necessitated the NYPD conduct vertical patrols in the buildings' staircases and on its rooftops. The darkened stairwells also contributed to the practice of officers performing these vertical patrols with their guns drawn, as it appears Liang did.

Clearly, NYCHA's failure to maintain a lighted stairway created a dangerous condition for both tenants and police officers which directly contributed to Gurley's death.

The NYPD is responsible for this tragedy as well. Two inexperienced and unsupervised "rookie" officers – Liang and his partner Shaun Landau – were given the dangerous job of patrolling the stairway. The officers may very well have been inadequately trained, and they were authorized by NYPD to draw their weapons while they patrolled the unlit staircase.

It is especially troubling to consider why the NYPD assigned two rookies to conduct a vertical sweep of this housing complex. Compounding the problem, Police Commissioner William Bratton - before Gurley's death - recognized that his predecessor's practice of pairing rookies together must be changed.

Unfortunately NYPD's decision to eliminate this risky practice of teaming inexperienced officers is ending too late for Gurley and his loved ones - and for the officers involved. Perhaps if a more experienced officer had been partnered with Liang, this tragedy might have been avoided.

As Bratton publicly stated, Gurley was "a total innocent" and the shooting was "an unfortunate accident." But, the NYPD's institutional culpability must not be overlooked. Calling it "an unfortunate accident" does not absolve NYPD's managers from its responsibility.

Gurley's death – whether caused by criminal or civil negligence – is a tragedy of enormous proportions. The criminal process may bring some closure to Gurley's family and friends, notwithstanding the fact that a trial verdict is always uncertain.

In the end, two major City institutions – NYCHA and NYPD – failed Gurley and Liang.

We must not allow those in charge of NYCHA or the NYPD to hide behind "no comment" when questioned about their roles in this tragedy. Although criminal and civil matters are pending, these city officials must tell the people of New York what institutional mistakes were made and how these mistakes are being corrected.

What's needed now is the light of full disclosure. If these agencies fail to acknowledge their roles in this terrible event, further investigation by the Brooklyn District Attorney may be required.

In the realm of public accountability, there should be no darkened stairwells.

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Arnold Kriss is a former NYPD Deputy Commissioner-Trials and Brooklyn Assistant District Attorney. He is presently a Manhattan attorney.

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

Housing Needs Deserve Spotlight In This Year's Budget


Cuomo

Gov. Cuomo speaking about his 2015 agenda (photo: Kevin P. Coughlin/Office of the Governor)


Existing programs are simply not sufficient to meet the demand for more affordable homes in New York State, in large part because they do not serve people across a wide range of incomes. Budget season is the perfect time to address this problem.

Strict income restrictions coupled with limited subsidy are obstacles to many families that apply for affordable homes. A recent New York Times article highlighted the challenges faced by many – people like Leigh Lumford, a Brooklyn resident who was rejected for an affordable apartment because she surpassed the income requirement by only $3,000 a year. Narrow income ranges make it nearly impossible for many families at the middle and very low end of the income spectrum to get the help they deserve.

However, there is a lot that New York State can do to help meet the housing needs of these individuals and families. The windfall from mortgage foreclosure and other settlements is an opportunity to make affordable housing programs work better for more New Yorkers. At NYSAFAH, we are calling for this year's budget to include a new $500 million fund to encourage the development of mixed-income housing. Mixed-income development serves a broader range of people and helps foster economic diversity, spur community revitalization, and create jobs.

Hardworking individuals shouldn't be forced into long commutes and less time with their families because of a shortage of affordable, middle-income housing. Teachers, firefighters and other professionals often find they can't afford to live in the communities where they work due to a shortage of quality rental housing plaguing towns throughout the state.

Proven programs, like the State Low Income Housing Tax Credit (SLIHC), encourage private investment in affordable housing projects. Today, there is more demand for SLIHC than credits available, which means some projects that would help middle-income families are never built. The State should increase funding for SLIHC by infusing $150 million into the program to help generate capital for mixed-income projects. Unlike federal programs, SLIHC supports housing for moderate- to middle-income households earning up to 90 percent AMI, and has helped build affordable homes in every corner of the state.

The Brownfield Tax Credit program is another important driver of affordable housing development, providing much-needed resources for the remediation of environmentally contaminated areas as well as credits to build affordable housing on remediated sites. Governor Cuomo has identified affordable housing as a priority use for the program, and its reauthorization this year is essential to continue transforming vacant lots into affordable homes for New York residents.

In addition to meeting the housing needs of low-, moderate- and middle-income New Yorkers, the Governor should be commended for establishing a NY/NY IV program to provide 5,000 units of permanent supportive housing for New York's homeless population. However, only a small fraction of those in need are ever placed in a supportive housing unit, even though supportive housing saves at least $10,000 per person per year. With approximately 80,000 homeless individuals throughout the state, NYSAFAH is calling for additional funding to develop and preserve 30,000 units of supportive housing over the next 10 years.

The growing demand for more affordable and supportive housing means communities, industry members, advocates, and lawmakers must come together to forge creative, new tools to get the job done. This year's budget and the funds from settlements are a once-in-a-generation opportunity to throw our support behind programs that make a real and measurable difference in the lives of New Yorkers.

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Jolie Milstein is President & CEO of the New York State Association for Affordable Housing (NYSAFAH), the largest trade association for the affordable housing industry statewide.

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

New York City Students Deserve the Whole Story on Sexual Health


school bldg

(photo: dnj_Brian via flickr)


I never thought I could get HIV. From the little I learned about HIV in high school in Far Rockaway, Queens, I thought that anyone who has it looks really sick. At school, they only showed us photos of people who looked thin and like they were dying.

In November 2012, the unthinkable happened. I was diagnosed with HIV. My heart stopped, and all I could think about was death. How could my boyfriend have had HIV? He looked so healthy. Unfortunately, my school didn't teach us the whole story about HIV - or about anything involving sexual health for that matter.

I didn't even learn about using condoms or tips for negotiating condom use with a partner. And we only learned about straight sex and didn't learn anything about LGBTQ health and sexuality. I began to feel attracted to boys at a young age, but since straight relationships were the only ones discussed in school, I felt like my feelings were not counted. I also didn't connect with the small amount of information I received about HIV since in school they only focused on straight relationships. If I had learned more, maybe I would not be HIV-positive today.

Unfortunately, many schools across New York City are still failing students when it comes to sex education. The City requires a semester of sex ed in middle school and one in high school, but that's not enough, and a lot of students still aren't receiving even that minimum amount. Connect 2 Protect (C2P) Bronx Coalition recently conducted a survey of high school students in the Bronx, and just 37 percent of them said that at school they had learned communication skills when it comes to sex. Only 47 percent had learned about condom negotiation. And only 26 percent learned about support for LGBTQ students.

This is unacceptable. If more students learned skills such as condom negotiation or protecting themselves from sexually transmitted infections, young people in New York City would be healthier. It's also important that young people learn about healthy relationships and consent. Sex ed should be comprehensive, and it should start early, in elementary school, with content that's appropriate for younger kids, and then continue through high school.

It's so important that young people learn about sexual health and relationships at school, because many kids aren't learning about this at home. My family never talked about sex, so I never brought it up with them. Plus, when I came out to my family in 10th grade, it was clear that my parents didn't want to accept that I'm gay. So I never brought up sexuality or sex again. There are many young people who can't safely or comfortably talk to their families about sex for a variety of reasons. Even if kids do learn about sex at home, it's important that it's reinforced with accurate sex ed in school.

I feel like society failed me by not making sure that every student receives honest, accurate information on sexual health and preventing sexually transmitted infections and HIV. It hurts to know that there are still young people like me in schools across the city who are not getting the information they need to protect themselves and make healthy decisions.

I talk to my friends to share the real facts about HIV. I make it clear that someone doesn't have to look sick to have HIV. In fact, HIV often has few or no symptoms for up to 10 years or more before symptoms develop. I also tell people how HIV is not spread. People who have HIV are still discriminated against, because many people still don't know the facts about HIV.

New York City schools must do more to educate students about sexual health. Every young person in the city has a right to know how to protect themselves from HIV, sexually transmitted infections, and unintended pregnancies. They also deserve to learn about consent and what constitutes a healthy relationship. Improving sex ed in city schools must be a priority, and there's no time to waste.

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by Ernesto

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.



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