(photo via the Governor's office)
The New York City Housing Authority’s first developments in the 1930s rose from the frustrations of a massive working class tired of sweating and suffering in crappy tenements. NYCHA grew in the decades that followed, to about 175,000 apartments, thanks to consistent support from politicians under tremendous pressure from everyday New Yorkers, housing advocates, and the media.
Politics saved NYCHA multiple times from the fate of public housing in other American cities. The civil rights movement forced NYCHA to desegregate its projects after the 1930s. Outrage over management in the late 1950s led to a sacking of callous leadership handpicked by Robert Moses. New York’s Congressional delegation convinced their colleagues in both the 1970s and 1990s to assume responsibility for tens of thousands of city and state public housing projects.
NYCHA residents, New York politicians, and many advocates, however, failed to adjust fast enough to a new national political reality. The rest of America, including most federal officials overseeing the program, viewed public housing as a dead program by the 1990s -- and treated it as such. Federal officials have since then intentionally refused to fund NYCHA’s capital or operating needs at a level sufficient to maintain the quality of life to which residents had become accustomed.
Frustrated residents for years disconnected from the political process despite the growing threat of aging apartments and buildings. Other affordable housing preservation and development programs took priority for many housing advocates and elected officials. City, federal, and state politicians pointed fingers at each other. The results of disinvestment are on display despite NYCHA apartments remaining full and much desired in New York.
In just a few years of crisis, however, it already seems the wheel is turning. Residents and housing advocates have kept the heat on politicians, feeding a steady stream of heartbreaking images and stories to the media and the courts. Elected officials can’t pick up the paper or turn on the TV without reading about a problem, often in their district. Crisis on an unprecedented scale has forced the issue to the front time and again: Sandy flooding, deep freeze, mold, lead.
Has the result of all this bad press been the abandonment of public housing as in other cities? No. Where bad press led to demolition in other cities, in New York negative attention seems to be leading to a steady and growing flow of money to renovate public housing. Demolition could still happen in New York but knocking down NYCHA is still a third rail of politics here -- and unimaginably complex to boot. We simply don’t have additional homes, short- or long-term, for more than 400,000 poor people.
Already, the totals won for NYCHA are mounting: $3 billion for Sandy reconstruction from FEMA; billions from the city so far and billions more promised (thanks to a consent decree) for roofs, boilers, lead tests, and more; hundreds of millions promised from the state. NYCHA has also quietly done what it can with remaining federal capital funds since the 1990s to stabilize conditions, working from the outside in on building envelope bricks and roofs. NYCHA successfully used the federal RAD program to upgrade housing for thousands of residents now living under private sector management—and plans for thousands of additional apartments in this program are underway.
Renovation of such a big system moves much more slowly than residents want and often fails to address immediate needs in their apartments -- but it is happening. That refitting of public housing is happening at all, rather than demolition, speaks to tenant activism of NYCHA residents and their advocates. When a crisis hit public housing elsewhere, politicians have used a crisis to demolish, not rebuild housing (New Orleans after Katrina, for instance, demolished vast projects).
New York’s public housing movement, however, needs to be creative and flexible in the next steps. Residents and their allies should use their political power to pressure politicians to reform labor unions at NYCHA so tenants get economical and high-quality service. Residents and advocates have given the unions a free pass, but this is a strategic mistake because, without a revolution in the hours, roles, and compensation of NYCHA maintenance and custodial staff (comprising 40 percent of NYCHA’s annual budget), NYCHA residents are not going to enjoy major improvements in their quality of life.
Residents and advocates also need to force the Mayor to come up with a reasonable long-term plan for investment. While an immediate commitment of the estimated $31 billion needed for top-to-bottom renovation is unrealistic, even a lot less can upgrade the quality of life. The city, for instance, needs to integrate NYCHA into its annual capital planning process. Given the growing importance of NYCHA to reducing homelessness, and of infill sites to the city’s affordable housing plans, it only makes sense that NYCHA gets a larger share of city support. Residents should also light a fire under Democratic majorities in Albany and the Governor to find money for additional renovation and public-private partnerships.
NYCHA remains a crucial service for many New Yorkers and one that helps preserve diverse neighborhoods in the face of gentrification. And just because a housing system delivers a product that many people wouldn’t choose for themselves doesn’t mean it isn’t valuable to lots of other people with fewer choices or different values. Mass services like public housing, public transit, and public education will always “lose” money because the people who need and use them generally lack the money to pay the real cost of running a complex urban service whether it be for a subsidized apartment, a subway ride, or a public classroom. It is, however, up to the recipients of these systems to use the political system to secure and protect these essential services.
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Nicholas Dagen Bloom is a professor at New York Institute of Technology and author of many books.
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Gov. Cuomo (photo via the Governor's office)
In the November 6 general election, New York Democrats have a historic opportunity to take control of the state Senate. If this happens, Democrats would control both houses of the state Legislature for only the third time in the last 100 years, unlocking years of bottled up progressive legislation passed by the Democratically-controlled Assembly but blocked by the Republican-controlled Senate.
Assuming Governor Andrew Cuomo, a Democrat, wins reelection as he is expected to, a number of these bills may very well land on his desk, including those related to universal health care; election, voting and campaign finance reforms; reproductive health rights; equal education funding for city schools; equal protections for LGBT and disabled people; carbon emissions elimination; immigration protections, including making New York a sanctuary state; and criminal justice reforms.
Recent history should temper optimism, however. New York Democratic voters chose the status quo over the bold reforms represented by the Cynthia Nixon-Jumaane Williams-Zephyr Teachout ticket in September’s primaries and in last year’s constitutional convention ballot referendum. In the 2016 state Senate races, 98% of incumbents were re-elected, though one good sign for Democrats in their quest to take over the chamber is the handful of retirements in the GOP conference.
We’ll soon see how powerful New York’s blue wave really is, both on Election Day and in the legislative session that will follow beginning in January. A few key questions:
But didn’t progressives just defeat the IDC?
Sort of and it’s insufficient.
Before the primary, there were actually more “Democrats” in the state Senate than Republicans, even though the GOP conference held a 40-23, then 32-31 majority in the 63-seat chamber.
Nine Democrats were either part of the Republican conference or in a power-sharing agreement via the Independent Democratic Conference (IDC), giving the GOP a majority for the recent two-year legislative session (and prior) and preventing progressive legislation from reaching the Senate floor. Eight of those senators were members of the IDC, which did rejoin the “mainline” Democratic conference in April, after a new state budget had been passed, which led to the 32-31 GOP majority for the final months of the session that ended in June.
In the September 13 primary, six former IDC members were defeated. The ninth rogue Democrat, Senator Simcha Felder of Brooklyn, has been part of the Republican Conference for multiple terms, and was even reelected in 2016 on both the Democratic and Republican ballot lines. He won his primary challenge last month.
Despite losing in the Democratic primary, all six defeated former IDC members are likely to remain on November’s ballot on other party lines, often the Independence Party and/or Women’s Equality Party. There’s no guarantee they won’t actively campaign if for no other reason than as spoilers, though most appear unlikely to do so. Democratic leaders may try to reward defeated IDC members -- like former conference leader Senator Jeff Klein and Senator Jesse Hamilton -- with judgeships to keep them from actively campaigning. Klein, along with Senators Jesse Hamilton and Tony Avella, is one of three former IDC members who were defeated in the primary and have not yet declared that they won’t campaign in the general.
Surviving former IDC Senators David Carlucci and Diane Savino, along with Felder, will almost certainly win re-election in November.
What do Democrats really need to do?
Net one seat. If Democrats flip just one GOP-held Senate seat and hold onto those they currently have, then Democrats will have a real 32-31 majority heading into next year. Competitive Senate races exist on Long Island and upstate, including several districts where Democrats failed to run any candidate at all in 2016. There’s also a seat in Southern Brooklyn that represents why many GOP-held districts are vulnerable.
Since 2012, when incumbent Republican Senator Marty Golden won his last competitive race, the district’s demographics have changed dramatically. Today, 40% of residents are now people of color, especially Asian and Hispanic; and 43% are immigrants, primarily Asian, eastern European and Mexican. Residents work in blue collar industries like transportation, wholesale, and construction. Virtually every racial group earns less than the median for New York State. These changes create the setting for the red-to-blue opportunity for progressive Democrat Andrew Gounardes, Golden’s opponent in 2012.
What’s possible?
Flipping nine seats. My most optimistic scenario has Democrats flipping nine GOP-held seats for a 40-23 majority.
If the primaries were any indicator, November turnout will be high, which will benefit Democrats due to their two-to-one registration advantage across the state. Primary turnout more than doubled since the last comparable election in 2014. In Long Island’s Nassau and Suffolk counties, Democratic primary turnout actually tripled from 2014 to this year.
Democrats are mounting competitive races in the five GOP-held districts where the current officeholder is retiring. In 2012, Obama carried all of those districts; In 2016, Clinton carried one and Trump won by 6% or less in the other four. Democrats are also contesting several other races where the Republican officeholder is seen as beatable.
Here is my list for the best opportunities for Democrats to flip GOP-held Senate seats. In compiling this list, I considered voting results by state Senate in the two most recent presidential elections, fundraising, the power of incumbency and signals of grassroots support.
Past voter preferences matter. The 2012 presidential election was more reflective of deeply felt beliefs in these districts, which had with one exception solid pluralities for Obama. Democratic voters who stayed home may have contributed to the mixed results of the 2016 election. By this year, 2016’s GOP victories didn’t deter -- and perhaps motivated -- Democratic contributors and may have awakened Democrats who came out in droves to vote in this year’s primary. In addition, changing demographics have also affected these districts in ways that potentially favor progressive Democratic candidates.
Money matters -- to pay for campaign staff, advertising, get-out-the-vote efforts, and more. The table above includes the most recent Board of Elections campaign disclosures, filed by September 24, and showing money in the bank as of the filing. Some candidates benefited from the lack of a primary, which means they have more funds for the general election, but may not have benefited from public exposure without opposition.
The New York Daily News reports that Cuomo intends to fund-raise for several Senate candidates, including Gounardes, D’Amaro, Kaplan, Skoufis, Smythe, and Metzger. The two other Democratic candidates mentioned in the Daily News story -- Monica Martinez in SD-3 and Pete Harckham in SD-40 -- don’t appear to be currently competitive based on funds raised and the lack of time before Election Day.
Aren’t there Democrats at risk?
Incumbent Democrats largely appear safe. John Brooks in Senate District 8 on Long Island is often mentioned as a potential risk, probably due to his narrow 214-vote (0.2%) win in 2016 over then-incumbent GOP Senator Michael Venditto. But now-incumbent Brooks has a solid fundraising lead over the current GOP candidate, Jeff Pravato, in a district that went for Hillary Clinton and Obama and has a solid Democratic voter registration advantage.
Democrats need to ensure that primary victors Rachel May in SD-53 and Alessandra Biaggi in SD-34, both of whom beat IDC members, continue their momentum through November. The IDC incumbents they defeated are likely to appear on other ballot lines and have significant money. May’s opponent, David Valesky, reported $340,038 post-primary to May’s $41,209, though he has recently declared that he will not campaign in the general.
Biaggi’s opponent, former IDC leader Klein, reported $957,827 just before the primary to Biaggi’s post-primary balance of $172,909. As of this writing, Klein’s post-primary filing still hadn’t been published and he had not indicated his general election plans.
So what’s going to happen?
On November 6, Democrats will take control of the New York State Senate with a solid majority that Republicans cannot hold back. This, along with holding onto a wide majority in the Assembly, will likely result in a steady stream of progressive legislation on the governor’s desk to sign, giving Cuomo the opportunity to make history New York has been waiting for.
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Art Chang is a writer, thinker and strategist at the intersection of technology and government. He is a former board member of New York City’s Campaign Finance Board, where he led the creation of NYC Votes and Voting.NYC. On Twitter @achangnyc.
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(photo via @RoryLancman)
The Robert F. Kennedy Human Rights Foundation’s just-launched “mass bail out” -- which could release from New York City jails 500 incarcerated indigent young and women defendants charged with misdemeanors and violent felonies -- is a good plan if it is implemented responsibly.
The plan dramatically highlights the bail system’s glaring inequities, as thousands sit in jail for months, unable to pay bail.
Not surprisingly, the plan has caused an immediate and strong reaction, particularly from the NYPD.
NYPD Commissioner James O’Neill warned of an oncoming crime wave if the Foundation’s bailed defendants are released, claiming it will make New York City “less safe.” He also decried, “What about the victims? What about witness intimidation? What about retaliation?” New York City’s district attorneys have sided with O’Neill; though oddly, they remain some of the biggest supporters of bail reform.
The fear is that newly bailed defendants will start a crime wave even though no crime wave was ever started by those with the financial resources to make bail. In fact, most defendants on bail return for their court date.
This unfounded fear only underscores the economic disparity in our court system and is inconsistent with justice and with New York state law.
Bail is set at arraignment: the prosecutor and defense attorney are heard, then a judge applies the statutory criteria for setting bail, including considering the main standard: will a defendant return to court for his or her case.
Perhaps defensively, the Foundation’s president mistakenly stated, “If a judge feels this person is a danger to society, they will not make them bail eligible.” New York does not have a pre-trial detention bail criteria. However, federal law specifically permits pre-trial detention if “such person poses a danger to any other person or the community.”
It also demonstrates just how tricky ending bail inequity is.
But, before the Foundation and its partners can implement their program they must have a dialogue with the city’s district attorneys regarding their bail policies and concerns.
Before posting bail the advocates must consider why bail was set by a judge and ensure a potentially released defendant meets any conditions, such as not contacting a victim or witness and attending future court appearances. After all, this plan places the Foundation in the place of a family member who would normally put up bail and suffers a financial hardship if a defendant skips court. This means the Foundation will also have to supervise the defendant while on bail.
The Foundation and partners must also comply with existing bail laws, which restrict depositing bail for multiple defendants. Among other things, New York State’s Superintendent of Insurance must authorize a certificate for the Foundation to become a “charitable bail organization.”
Other opportunities for bail reform dialogue also exist.
For instance, a reform must include fast tracking incarcerated young defendants’ cases to disposition.
Encouraging the NYPD to issue Desk Appearance Tickets (DATs) for all misdemeanor arrests and seeking statutory authority to issue DATs for nonviolent low-level felony arrests. A DAT releases an accused with a future court date at the station house without waiting 18-24 hours in custody for arraignment.
There must be greater use of existing non-cash bail alternatives permitted under New York law, eliminating costly bail bonds.
The Foundation’s program – if successful – is a significant step forward for criminal justice and bail reform. After more than 20 years of stop-and-frisk excesses, broken windows arrests, and inequitable bail practices, economic disparity must end for the many who are incarcerated in our city’s jails waiting inordinately for their day in court.
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Arnold N. Kriss is an attorney in private practice in Manhattan, and a former NYPD Deputy Commissioner for Trials and Brooklyn Assistant District Attorney. On Twitter @ArnieKriss.
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