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An Old, Unfair System: New York City’s Property Tax Conundrum - Part II - Deep and Complex Inequities


maybdb rem

(photo: Edwin J. Torres/ Mayor's Office)


This is part two of a three-part series. Read part one - Taking on the Difficult Task - here. (Skip to part three - The City's Bottom Line - here.)

Elected officials and their critics alike have decried the complexity and inequality of the state’s property tax system. They say it is layered and non-transparent, and produces disproportionate tax burdens for various populations because of technical factors that are difficult for taxpayers to understand. These can lead owners of similarly valued properties in different parts of the city to pay drastically different annual property taxes.

The rising value of a homeowner’s property can belie the struggle they may face to stay afloat and keep their homes when property tax payments also climb. For those who own rental property, when the tax burden goes up it is often passed on to renters in the form of higher rents and fees on apartments that are not rent-regulated.

The Advisory Commission on Property Tax Reform was emplaneled by Mayor Bill de Blasio and City Council Speaker Corey Johnson, both Democrats, in 2018 to examine these issues and develop recommendations to reform the system, which could implicate both city and state policy, without reducing the city’s largest revenue stream.

On the table are aspects like the way different properties are classified and assessed by the state, how statutory restrictions on tax rate growth interact with market forces, and how the city sets the tax rate. These factors have had consequences for communities of color, low-income New Yorkers, seniors, and residents in some, but not all, boroughs.

As it was in 1981, when the current system was wrought out of practices that extend to the early days of the American republic, the issue today is a political flashpoint. Property taxation affects every resident in the state, and members from nearly every interest group and political party have called for its overhaul. But some of the most outspoken critics of the system, especially certain homeowners who see their taxes go up every year, may end up responsible for an even greater share of the levy if changes are made.

Four decades ago, in Hellerstein v. Assessor, Islip, the courts found New York’s property value assessment methods, which had been in practice for roughly 200 years, to be in violation of state law. Homes were being assessed with great variability on a fraction of their sales price, while business owners were footing a much larger bill for their commercial properties. Rather than adjusting practices to assess the full value of homes, lawmakers in Albany changed the rules to allow government assessors to continue favoring certain types of property over others.

Reflecting the old order, the current system divides properties into four classes, each to be assessed and taxed differently. Statutory caps are in place to ensure property taxes payments remain stable even if market values jump. To help account for variables like income, location, and the condition of housing, tax abatements and rebates are available. As a result of the classification regime’s disparate assessment methods, discrepancies exist among residential properties, with cooperatives and condominiums greatly undervalued for tax purposes compared to other homes despite at times being worth far more.

One- to three-family homes are in Class 1 and are assessed based on comparable sales prices; in Class 2, apartment buildings, as well as co-ops and condos, are taxed based on a market value derived from the annual income earned in rent by similar, nearby units, which is usually lower than the market value based on sales price, according to property tax experts. Even within the classes, statutory caps on assessed value growth have led, more recently, to uneven tax burdens across the five boroughs because of the way the housing market has exploded in some neighborhoods more than others.

An Unfair System
Attempts have been made to address property tax inequities in New York City since the current system was adopted nearly 40 years ago, but they have failed to produce transformative results. The most notable review was led by Mayor David Dinkins in 1993.

Dinkins, a Democrat, empaneled a commission to study the issue, which released a report just days before his term ended. Its most salient recommendation was to bring the treatment of co-ops and condos closer to Class 1 properties, but years of negotiations under his Republican successor, Rudy Giuliani, led only to a temporary tax abatement for apartment owners, according to an Independent Budget Office report. (A piece in the New York Times from 1994 provides an alternative account in which the Dinkins commission made no recommendations because it could not come to a “consensus on objectives,” using the words of one of the commissioners.)

The issue has become a recurring political motif. De Blasio discussed it during his first campaign for mayor and a year later, in 2014, his Commissioner of Finance, Jacques Jiha, said he would undertake a comprehensive analysis before making recommendations to the state for change. Yet it appears the Advisory Commission empaneled in 2018 is conducting the first such review of the mayor’s tenure.

“Fairness” is at the core of the commission’s mission, largely a response to a number of related policy consequences that have become apparent over the years.

>>Property Tax Classes
Legislators in 1981 created a system that would benefit small home owners by placing them in Class 1, maintaining the relatively low assessment rates they had enjoyed for so long, while leaving commercial properties, including apartment buildings, in Class 2 with a larger share of the levy.

At the time, co-op conversions, which started in New York City in the 1920s, had begun to take place at a very rapid rate; between 1978 and 1988, roughly 242,000 rental apartments in more than 3,000 buildings had been turned into tenant-owned cooperatives, according to a New York Times report published in 1988. In order to prevent assessors from considering the value of apartments if they were to be converted, lawmakers placed co-ops and condos into Class 2 and inserted language into the state law requiring they be assessed on the net income they would earn as rentals, as opposed to their sales value.

More recently, however, in an era of acute gentrification and concentrated market value growth, the low rates on co-ops and condos has become a new variation on the unequal assessment theme that sparked the Hellerstein case. As the price of homes in booming neighborhoods has skyrocketed, taxes assessed on co-ops and condos have become an increasingly smaller proportion of their sales value.

Tax Equity Now New York, a coalition of homeowners, renters, and business groups, led by former city Department of Finance Commissioner Martha Stark, filed a lawsuit in 2017 challenging the state laws that lead to disproportionate rent burden. The group claims the neighborhoods with the greatest burdens are less affluent and more likely to be the home of large populations of people of color.

By state law, taxes for homes in Class 1 are assessed on 6 percent of what assessors believe to be their market value, while co-ops and condos in Class 2 are assessed at a rate of 45 percent of potential rental income. But the way the city Department of Finance (which is responsible for calculating market value based on formulas set by the state) arrives at that value for the two property types is not consistent.

For Class 2, city finance officials compare co-op values to the income of nearby rental properties, vastly undervaluing what the property would be worth if sold. Because of the age and location of many co-ops, their taxes are often assessed based on comparisons to rent-regulated buildings, exacerbating the value discrepancy. 

Ana Champeny of Citizens Budget Commission (CBC), the fiscal watchdog, gave an example: “You look at the value that [Department of Finance] determined based on state law and it’ll be something like...$600,000, but when you look at how much the person paid when they bought that unit, they would have paid something like $3 million.”

To help address this inequity, CBC argued when it testified before the Advisory Commission in November, simply put condos and co-ops in Class 1 where they belong, and assess them based on sales prices. This would also help New Yorkers understand the system’s complex arithmetic and the outcomes it produces. Because now-distant beginnings created the fractional assessment practices established by the property classification system, the particular tax-related burdens New Yorkers face often feel arbitrary.

“I think that creates a lot more mistrust, too, in the system. Which is why we said you really should put all these homes into one class and you should value them based on sales,” Champeny told Gotham Gazette.

There were a number of bills in the Legislature related to condos and co-ops that lawmakers were apprehensive about taking up because of uncertainty about changes to the classification system, according to Assemblymember Galef.

“We want to see where the commission comes out on that one so those bills won’t be addressed this year,” Galef told Gotham Gazette in May before the legislative session ended. (The Legislature passed, and the governor has yet to sign, a two-year extension of a property tax abatement program for co-ops and condos, but nothing to address the structure of the real property class system.)

When everyone is a stakeholder, though, upsetting the long held fractional assessments would mean some people will have to pay more, and that is likely to include the high value co-ops and condos now enjoying low rates. As in the past, this will inevitably be a difficult pill to swallow.  In a letter to the Advisory Commission in May, City Council Members Steven Matteo, Joe Borelli, and Justin Brannan -- who represent parts of southern Brooklyn and Staten Island -- urged, “First, do no harm to Class 1 and 2 homeowners.”

Responding to a co-op owner who worries about rising taxes year after year, Mayor de Blasio said, “I want to be...really honest with everyone that we cannot end up with a system that reduces our revenue substantially, unless people want to see a change in the services provided by city.”

>>Renters
For residents, the weight of New York’s property classification system is harder to bear the further you are away from the mitigating effects of ownership, which can put serious pressure on renters who can’t cash in or pass on tax burdens to tenants. In a class-action lawsuit filed in 2014 on behalf of African-American and Hispanic renters, the real estate law firm Newman Ferrara claimed that the way the state classifies different types of property has resulted in a disproportionate tax burden being passed on to renters in large residential buildings.

According to a CBC analysis, as of December 2016 one- to three-family homes made up roughly 48 percent of the total market value of New York City property, but were taxed only about 15 percent of the total levy. By contrast, Class 2 properties -- apartment buildings, co-ops, and condos -- made up approximately 25 percent of the market, but were taxed significantly more: nearly 38 percent of the total.

Most of that burden falls on apartment buildings because owners of co-ops and condos often pay such a small percentage of their property value in taxes. To maintain their profit margin, landlords often redistribute the tax burden to tenants (the same is true for commercial tenants, which can put a strain on small business). The 2014 suit alleged, since large apartment buildings are predominantly occupied by African-American and Hispanic tenants, the uneven tax burden they experience is a violation of the Fair Housing Act.

The property tax burden on one- to three-family home owners can be mitigated by the lower share they pay on the property’s value; the tax burden on co-ops and condos is not great because they are assessed on a fraction of their sales price; and much of the tax burden of big landlords can be passed on to tenants. But renters, who make up two-thirds of all occupied units, according to 2017 U.S. Census data, have no outlet to spread their burden.

(Homeowners who pay a significant portion of their income in property taxes and cannot immediately benefit from the rising value of their homes without selling them, are also put in a precarious situation as taxes rise annually and the costs of maintaining aging housing stack up. The city’s Third Party Transfer program, which seizes buildings from landlords who are behind on taxes and other fees, has recently come under fire for taking the homes of lower-income, minority property owners.)

The 2014 Newman Ferrara suit was dismissed by a state Supreme Court, which rejected the notion that property taxes could be shared more equitably among the classes as “speculative.”

Short of revamping the city’s entire property tax system, the push to improve conditions for many tenants was a major point of contention in Albany this year, as state rent regulations affecting the city and surrounding suburbs approached their expiration date in June. A concerted push under the new Democratic governing reality resulted in a landmark package of tenant reforms aimed at strengthening protections and closing loopholes in rent regulations like reforming the major capital improvement program, ending vacancy decontrol, and eliminating the vacancy bonus, among others. These regulations affect roughly 2 million tenants in 1 million apartments.

“We made a commitment that the new Senate Democratic Majority would help pass the strongest tenant protections in history,” said Senate Majority Leader Andrea Stewart-Cousins in a statement after the package passed both houses of the Legislature. “The legislation we passed today achieves that commitment and will help millions of New Yorkers throughout our state.”

>>Income
While statutory caps were put in place to keep homeowners’ property taxes from rising too quickly, they have still tended to outpace the growth in household incomes, creating a disparity in tax burden across income levels. A report by the city Comptroller’s Office from September found that between 2005 and 2016 annual property tax revenue grew an average of 6.4 percent a year, while the household incomes of small home, co-op and condo owners rose only 2 percent per year. As a result, the share of income that goes to pay property taxes on those types of homes has risen significantly and is most pronounced among the lowest earners.

The comptroller’s report shows that households making less than $50,000 -- largely retirees whose incomes had been higher when the homes were purchased -- had property tax payments increase from 6.6 percent of household income in 2005 to nearly 13 percent in 2016 (the study does not take into account social security earnings and other non-taxable income for seniors, meaning its findings for this group may be higher than seniors’ true property tax burdens).

“For households at this income level, where there is little or no discretionary income, these increases impose significant constraints and sacrifices on household budgets,” the report reads. By contrast, homeowners with income between $250,000 and $500,000 paid only 2.9 percent of their income in property taxes.

Some advocates have proposed what are known as “circuit breakers” to deal with property tax burdens on lower-income New Yorkers.

A circuit breaker essentially provides a tax rebate for lower-income property owners by reducing state income taxes if property taxes exceed a certain proportion of income, or simply by capping property taxes as a percentage of income. Hellerstein was a proponent of implementing circuit breakers, as was Governor Carey, who included them in his own 1981 proposal, which failed. In November, the CBC testified about the benefits of circuit breakers before the city’s Advisory Commission.

But mechanisms like circuit breakers, which create indirect relief through income tax reductions -- as well as various other kinds of exemptions, abatements, and rate limitations -- when piled on to triage the discrete consequences of New York’s property tax system (exacerbated by the city’s complex housing portfolio), also contribute to the opacity of the system -- one of the main problems the Commission aims to address.

“Homestead exemptions, or elderly or disabled or veterans exemptions...tax abatements and rate limitations and assessment limitations and assessment increase limitations -- it becomes a very complex system and ultimately non-transparent,” John Anderson of the Lincoln Institute for Land Policy noted before the Advisory Commission in February.

But exemptions and other forms of relief are popular among property owners in distress and are something that can be enacted by the city, making them attractive to local politicians trying to court voters. (Borelli introduced a bill to the City Council in 2018 that would give a tax exemption to veterans of Cold War conflicts.)

Disparities exist despite tax credits and other programs intended to ease the burden on lower-income New Yorkers, and they are likely to get worse.

The increase in tax burden identified in the Comptroller’s report was tempered by the rising value of property assets and declining interest rates over the past 20 years, which kept mortgage payments low, according to its authors. But the report notes interest and mortgage payments have begun to rise while property value growth has subsided in many neighborhoods, and phase-ins on co-ops and condos (like statutory caps on small homes) mean that property taxes can continue to rise even after the market stabilizes.

Changes in state and local tax deductions from Washington, D.C. last year mean taxpayers who itemize their deductions may no longer be able to deduct the amount of their property taxes from their federal taxes.

>>Geography
Last September, Citizens Budget Commission released an analysis showing that homeowners on Staten Island and in the Bronx have a higher effective tax rate than the rest of the city, meaning they pay a higher percentage of their property’s market value in taxes despite owning homes that are worth less.

This, the report notes, is the result of statutory caps set in state law on the rate by which assessed values can grow. There are different caps for different categories of property; for small homes the cap is set at 6 percent annually, or 20 percent over five years.

The growth rate cap, intended to insulate homeowners experiencing rapid market growth from dramatic property tax increases, has the effect of shifting the tax burden from booming neighborhoods to ones with more stable housing markets, regardless of the overall value of the homes. The CBC analysis finds only 5 percent of the city’s single-family homes are assessed at the 6 percent target ratio because the caps keep most assessments lower. But Staten Island and Bronx homeowners do not seem to be the beneficiaries of this dynamic.

Council Members Borelli and Matteo, who represent districts on Staten Island, in a 2016 press release said, “Staten Islander’s [sic] on average pay [property taxes on] 98.5% of their actual market values, while average Brooklyn and Manhattan class-1 homeowners pay 88.5% and 87.2% respectively.”

Politicians from Staten Island have been among the most vocal proponents of property tax reform. The borough has a large aging population on fixed income and roughly 70 percent of residents own their homes, according to Census data.

In 2016 Borelli and Matteo, both Republicans, called for a bipartisan commission to look at the economic burdens on one- and two-family homes, including the caps issue. They also called for the Department of Finance to use actual assessors, not statistical models, in order to account for a property’s actual condition (on Staten Island only a tenth of homes were built in the last 20 years). Assembly Member Nicole Malliotakis, also a Republican, joined Borelli in calling for a property tax commission when she ran for mayor against de Blasio in 2017. (Property tax reform and relief was also a central pillar of Republican gubernatorial candidate and Dutchess County Executive Marc Molinaro’s 2018 campaign against Gov. Andrew Cuomo, who this year pushed through a permanent 2 percent cap on annual property tax growth, which applies everywhere outside New York City.)

To address the tax burden inequities, Borelli has called for the Legislature to at least change the law so that caps reset when a house changes hands. Borelli was the prime sponsor of a resolution, co-sponsored by 13 others in the 51-seat Council, calling for the change in January 2018, but it has not been adopted.

He repeated the proposal to the Advisory Commission in September, saying, “The cap is attached to the property, not the owner, and the result creates vast disparities between the city’s wealthy and middle-class homeowners, and among wealthy homeowners themselves depending on when their homes were built and the characteristics of the market.”

>>Race
Tax Equity Now New York, the coalition led by former city finance commissioner Martha Stark, has highlighted some of these inequities in its lawsuit filed against the city and state in 2017. The lawsuit, filed after long-running frustration with elected officials’ apparent unwillingness to act on property tax reform, alleges New York’s property tax system has a disproportionate negative impact on homeowners and renters in less affluent neighborhoods with large populations of people of color.

In a study conducted by the group, higher tax burdens, especially those identified in the Citizens Budget Commission analysis, were shown to have a disproportionate impact on neighborhoods where racial minorities make up a majority of the population.

At the crux of the issue is the claim that property tax assessments have not reflected true market values, resulting in neighborhoods predominantly of color being assessed 19 percent more than predominantly white ones, the group alleges. Tax Equity Now is seeking changes to the law, not compensation, but has not specified what those changes should be. The suit survived the city’s motion to dismiss in September but is now stayed, pending appeal.

This is part two of a three-part series. Read part three - The City's Bottom Line - here. (Find part one - Taking on the Difficult Task - here.)

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette      

Read more by this writer.

An Old, Unfair System: New York City’s Property Tax Conundrum - Part I - Taking on the Difficult Task


mayor deblasio clears

Mayor de Blasio shovels snow outside one of his two Brooklyn houses (photo: Rob Bennett/Mayor's Office)


This is part one of a three-part series. Skip to part two - Deep and Complex Inequities - here.

In May 2018, after years of criticism that New York City’s property tax system lacks equity, Mayor Bill de Blasio and City Council Speaker Corey Johnson announced they would empanel a commission of “blue chip” experts to explore the issue. Its tasks are to examine everything from the way different property values are assessed to relief for vulnerable homeowners, solicit input from the public and specialists, and make recommendations for reform.

Because of the laws and practices governing New York property taxes, the recommendations will inevitably include some changes that can be enacted by the city and others that would require action in Albany, both of which would upset a longstanding and largely unchallenged system. Even coming up with recommendations has proven fraught.

The commission was tasked with an important constraint: make recommendations to overhaul a complicated, decades-old tax system without changing the city’s bottom line -- in other words, to make sure that a new property tax system would continue to provide city government with its single largest revenue stream, good for roughly $27.8 billion last fiscal year.

More than a year later, with the 2019 legislative session in Albany well over, the panel has conducted ten public hearings and meetings but has produced no report nor indicated what consensus is emerging on a path forward. Asked about it repeatedly, de Blasio, who was criticized for punting on the issue until his second and final term, has said he expects recommendations by the end of this year.

The property tax system impacts homeowners and renters, landlords and developers -- virtually every one of the city’s 8.5 million residents. Problems with the system are myriad in New York, where real estate dominates and nearly a third of the city’s annual revenue comes from real property levies.

Critics have contended that the property tax system is overly complex and opaque, that property assessments are not reflective of true market values, and that classifications and caps aimed at mitigating rapid property tax increases contribute to disproportionate tax burdens across many populations.

Twelve months before the commission was announced, a coalition led by a former city finance commissioner filed a lawsuit alleging the Byzantine tax structure creates vast inequities and that those disparities are felt most severely by low-income New Yorkers and people of color.

One of the central problems is the vast under-assessment of many owner-occupied cooperatives and condominiums, which have experienced sweeping growth in property values over the past two decades, but are taxed instead based not on their sales value but on the much lower income they would likely make if they were rentals. Homeowners, in general, pay a lower effective tax rate (taxes as a percent of sales prices) than commercial and residential rental property owners, according to the Citizens Budget Commission, a fiscal watchdog.

Another problem is the labyrinth of abatements, rebates, caps, and phase-ins that obscure the causes of rising property taxes, making them hard for residents to trace and understand.

As property values ratchet up in gentrifying neighborhoods, so do the taxes assessed on them, which can put a strain on lower-, middle-, and fixed-income homeowners struggling to keep up with bills and maintenance fees. At the same time, homeowners in places with slower real estate market growth, like Staten Island and the Bronx, see their taxes rise higher relative to home sales prices because of caps that keep tax hikes low when the housing market unexpectedly leaps.

The symptoms of unequal assessment and taxation land harder on different populations of New Yorkers. The coalition behind the lawsuit says these factors lead to higher tax assessments in communities of color than in majority-white neighborhoods. Others over the years have asserted that when landlords’ tax burdens increase, they may be passed on to tenants in the form of higher rent, especially in large apartment buildings with sizable black and Latino populations, critics say.

The most expensive home sold in United States history is a Midtown Manhattan condo that went for $238 million earlier this year to Ken Griffin, the hedge fund manager ranked the 45th richest American by Forbes. Griffin pays taxes on a property valuation of just $9.4 million, or .22 percent of the sales price, according to the Wall Street Journal. By contrast, the owner of a two-family home in the northeast Bronx that sold for $439,000 in the most recent fiscal year pays 1.16 percent of the price tag in property taxes, according to an Independent Budget Office analysis provided to Gotham Gazette.

Yet the owners of both these types of homes -- owned by some of the wealthiest New Yorkers, as well as lower- and middle-income residents -- often say they feel pressure from rising property taxes year after year and are seeking relief. One of the barriers to property tax reform is that virtually all homeowners, whether they are likely under-assessed or not, believe they are getting squeezed by property taxes, which for small homes rose an average of 7.7 percent annually between 2001 and 2017, according to a Citizens Budget Commission analysis. (New York City has been repeatedly exempted from a state cap of 2 percent on annual property tax growth that applies everywhere else.)

There is broad agreement that the New York City property tax system produces inequality, that it hurts a wide range of communities from senior homeowners to renters of color to (some) outer-borough residents. Democrats, Republicans, and others across the political spectrum have called for change. But while the debate over the city’s property taxes crosses partisan lines, efforts to make an unequal system more equal means upsetting some stakeholders.

The complexities in the system have cut out a difficult task for members of the commission launched by de Blasio and Johnson, commissioners who were originally given only a year to produce results. But, as with other attempts to rethink the city’s relationship to its most essential resources, the task of unpacking the property tax system reveals a tangle of practical and political factors that have led to the status quo and make change so challenging.

Hope quickly faded that the commission would put forth recommendations to be taken up before the June end of this year’s state legislative session. During a May interview, Marc V. Shaw, one of two commission co-chairs, told Gotham Gazette that for lawmakers to deal with complicated concepts at the end of the legislative session, “there just would not be time...even if we were prepared. But we haven’t reached the point of making even the recommendations. We’re still sort of in an analysis phase.”

A Difficult Task
“I think all of us that have been working on the commission, knew from the beginning that that was a time schedule that was going to be pretty...difficult to attain...so from our perspective we’re looking at trying to put together a series of recommendations to be available for discussion and debate in the next legislative session,” Shaw said in May. Legislators will return to Albany in January, but the mayor and City Council can evaluate the commission’s work throughout the rest of this year, pending a report.

Shaw, a former first deputy mayor under Michael Bloomberg, is the interim chief operating officer for CUNY. He has been the Advisory Commission’s single (co-)chair since its other, Vicki Been, stepped down when she was appointed Deputy Mayor for Housing and Economic Development in April. The body is made up of fiscal policy experts, business leaders, and city planning specialists, almost all of whom have served in city government in the past.

Spokespeople for both the mayor and City Council told Gotham Gazette the Advisory Commission is now planning to release a preliminary report in the coming months and hold another round of public hearings in the fall to solicit feedback. In a July 19 WNYC radio interview, Mayor de Blasio said the commission would produce a final report by the end of the calendar year, in time to be taken up in the next state legislative session.

City Council Member Keith Powers, a Democrat who represents a Manhattan district with a mix of property, is concerned the timeline doesn’t allow for much flexibility to work in Albany’s tight calendar. The timeline “puts you rolling right into January’s legislative session,” and just before state budget negotiations begin, he told Gotham Gazette. “You just may lose a little steam if you don’t have a bill early next year, and you know agencies miss deadlines all the time.”

In the meantime, the Legislature is waiting to hear from the commission. “It just kept coming up where we may be modifying some bills, or not doing some bills, because of the commission and not knowing what their positions are going to be,” Sandy Galef, chair of the Assembly’s real property tax committee, told Gotham Gazette at the end of May. “So yes, I would say it’s holding back some ideas.”

It appears important that the city has its ducks in a row before the January to June state session begins, giving a report and decisions by the mayor and Council enough time to work their way through Albany’s political corridors. Complicating matters further is the fact that 2020 is an election year for the entire state Legislature. Albany lawmakers sometimes try to get around dealing with especially thorny issues in conspicuous ways by packing them into state budget bills, which are due by the April 1 start of the new fiscal year.

Many of the reforms will focus on the state Real Property Tax Law, which sets standards for property tax assessment, among other things, and will require the state Legislature and governor to act. Once the commission produces its final report and city leaders make their opinions known, proposals will have to be negotiated in Albany, which in the past has proven fatal to serious property tax reform.

“We’re involved but at this point I view it as local home rule,” Galef said in May before the legislative session ended. Much if not all of what the city will ask of the state will come through the City Council, even if some of it is through non-binding measures.

Some tax programs were set to expire this year, like tax relief for property owners who install green roofs, which the Legislature extended and the governor signed notwithstanding the city property tax commission’s progress. “Even if the commission does the report at the end of the year, by the time they get authority from the state, there may be a lot of time in between,” Galef said.

That prospect does not sit well with Powers. “I think that any commission or body that’s working on this needs to understand that there are real people who are waiting for this relief,” he said, noting he has heard from constituents who are anticipating the commission’s recommendations.

The Status Quo
The complexities the commission is now grappling with are the result of a system with antique origins, one which has not been comprehensively updated and seldom reviewed over the past four decades. New York State’s current property tax apparatus is the outcome of a judicial ruling that shook up the prior system in the mid-1970s, and subsequent legislative action that mostly put it back into place in the early ‘80s.

In 1975, the Court of Appeals, the state’s highest tribunal, sided in favor of Jerome Hellerstein, an Upper West Side lawyer representing his wife, Pauline, who had sued the Town of Islip for assessing the property value of the family’s Fire Island vacation home -- and every other property on its roll -- at only a fraction of its market value, in violation of state statute (and, apparently, in their own interests). The law, at the time section 306 of the Real Property Tax Law, stated, “All real property in each assessing unit shall be assessed at the full value thereof.”

hellerstein fire island houseThe Hellerstein Fire Island home (image courtesy of Walter Hellerstein)

For nearly 200 years prior, however, property taxes for homeowners in New York State were assessed on only a fraction of the “full value,” based on what assessors “deemed proper,” “not ‘according to their best information and belief, of its value,’ ‘but according to the usual way of assessing,’” an 1852 Court of Appeals decision reads. The decision, in 1852, noted, “the usual method is to estimate property at less than half its value.”

The discretion given to assessors meant commercial and apartment building owners in 1975 paid taxes on a much larger fraction of the market value of their property than homeowners. According to an account published by the city’s Independent Budget Office, reports at the time of the Hellerstein court decision found even the tax burden from similar homes in different neighborhoods could vary, with homeowners in New York City’s lower-income communities paying more than homeowners in more affluent ones.

The Hellerstein decision upended centuries of property tax assessment practices and sent New York’s political world into a spin. For six years, officials in Albany battled over the implications of the decision with some, like Democratic Assembly Speaker Stanley Fink, arguing for the fractional assessment practice to be codified into law, fearing the effects homeowners would feel if their property taxes were to rise rapidly.

There was panic that “fiscal chaos” would ensue if wholesale changes were made to the way the properties of people and businesses were assessed across the board, according to Judge Solomon Wachtler who wrote the majority opinion in the Hellerstein case. A report from the New York Times during that period quotes Edwin Margolis, counsel to the Assembly majority, saying, “The goal is not to shift the burden from residential to industrial or commercial, but simply to keep the status quo.”

The Legislature achieved that goal in 1981 after overriding a veto by Governor Hugh Carey, a Democrat. Instead of meaningfully changing assessment practices, the new legislation removed the “full value” language from the law and established a system in New York City that separated properties into four different categories, each to be taxed on a different portion of the full market value, mirroring the de facto practices assessors had been using all along.

The system placed one- to three-family homes into Class 1; apartment buildings, co-ops, and condos into Class 2; utilities into Class 3; and commercial properties into Class 4.

“The law was set up in such a way that each class of property would continue to pay roughly the same share of the levy” as they did at the time the law was passed, according to Ana Champeny, a property tax expert at the Citizens Budget Commission.

This “is the property tax system that we essentially currently operate under,” said Shaw, the commission chair. “That just gives you a sense that it’s always been a complicated system from the beginning.”

Before the 1981 law codified the current system, a number of other proposals had been floated and a bipartisan commission was even set up, the Temporary State Commission on the Real Property Tax, to review the state’s practices. That commission suggested that as an alternative to moving toward assessment by class, the state could mitigate the shift in tax burden from businesses to homeowners by implementing homeowner assistance programs.

But the political might of homeowners won out over the interests of commercial property owners, as well as over the will of the governor and a sizable minority in the Assembly. As part of the 1981 legislation, lawmakers enacted caps on the amount assessments could increase annually and over a five-year period, further protecting homeowners against rapid rises in property taxes in the event they be more accurately assessed going forward.

The resulting system, in a nutshell, is one where one- to three-family homes, which are more often occupied by their owner, are assessed based on the comparable sales prices of the property, while commercial and rental properties are assessed based on the income those businesses could generate.

One catch to this, which has been a recurring sticking point in perennial calls for property tax equity, is that co-ops and condos like Griffin’s are assessed on the income that would be made if they were rental apartments, rather than the sales prices of owner-occupied homes most observers say they more closely resemble. Another has been the caps on how much the assessed value of a home can increase, which more recently has led to owners of homes in booming neighborhoods paying relatively low property taxes compared to other homeowners in more economically stagnant parts of the city.

“What we’re facing is looking at how to do a reset of the property tax, given all of those problems, to make it a fairer system now,” said Shaw.

This is part one of a three-part series on the property tax system in New York City and potential for changes to it that may be on the horizon. Read part two - Deep and Complex Inequities - here.

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette      

Read more by this writer.

‘Nobody Should Enter the Criminal Justice System for Something Related to Mental Illness’


first lady chirl mcc first

Chirlane McCray on Rikers Island (photo: Michael Appleton/Mayor's Office)


A rising number of 911 calls to report emotionally disturbed persons, several fatal encounters between police officers and people with serious mental illness, and an increasing percentage of seriously mentally ill people among those detained in city jails have all raised questions about how New York City and State provide care for those suffering from the most serious mental illnesses.

These questions and concerns don’t have easy answers. The city’s public hospital system, NYC Health + Hospitals; the mayor’s mental health care roadmap, ThriveNYC; services from the city’s Department of Health and Mental Hygiene; treatment within the city Department of Correction; private clinics; mental health shelters; and more combine to create a complex and stratified framework for treating those with a serious mental illness (SMI).

For some, much of what is at times called a crisis of treatment for those with serious mental illnesses like schizophrenia can be traced to the trend whereby the state closed down psychiatric hospitals with many thousands of inpatient beds while requisite treatment systems were not put into place to help people who would no longer be institutionalized, many of them cycling through the criminal justice system and inappropriately receiving their best mental health care while in jail.

There is insufficient use of mandatory outpatient treatment, some critics of the city and state say, with significant recent criticism also aimed at Mayor Bill de Blasio and First Lady Chirlane McCray over how resources have been allocated in their signature ThriveNYC program. Meanwhile, others have focused on questioning that police officers with guns are often first responders to people experiencing a serious mental health crisis, and those critics have been successful to some extent in getting protocols changed, though they say there is clearly more to do.

Dr. Mitchell Katz, president and CEO of NYC Health + Hospitals, says he’s troubled by the gaps in treatment and looking for new answers that would require the city and state to work together.

“The problem with the current mental health system, from my point of view, is for people with serious mental illness, the people we most worry about, the people we sometimes see on the subway or sitting on the bench, that right now there is nothing in between acute hospitalization and traditional outpatient care,” he said in April during an appearance hosted by the Citizens Budget Commission (CBC), a nonprofit think tank.

During an interview after the CBC event on the What’s The [Data] Point? podcast from CBC and Gotham Gazette, Katz was asked for more on his view about how to fill that gap.

He said H+H is working with the state on fixing a system that “drops off too precipitously.” Katz said he was in discussions to create programming to increase services for those who don’t qualify or don’t want to be admitted for inpatient care at a hospital but don’t receive enough treatment or care in the current outpatient system.

“We know in New York City there is a group of people with very serious mental health and addiction problems who rotate between the acute hospital, the shelter, and the jail,” he said on the podcast. “They don’t need to be locked up but let’s provide them a positive residential program that they want to stay at because it’s better than shelter and it’s better than the jail when we know that there are people who get arrested in order to be taken care of in jail.”

Over the course of months since Katz’s April comments, Gotham Gazette reached out multiple times to New York City Health + Hospitals and the Mayor’s Office but didn’t receive any further details on Katz’s vision for the program or whether there are ongoing discussions to make it a reality. State law and the state Office of Mental Health (OMH) have near full authority over the types of mental health treatment options allowed throughout the state, and are essential to the discussion, as Katz indicated.

In a statement to Gotham Gazette, a spokesperson for the New York State Office of Mental Health said, “as New York State continues to transform its mental health system to serve more individuals in the least-restrictive setting possible, we are expanding our reach through community-based services. These treatment models allow people to stay in the communities where they are best supported.”

Serious mental illnesses are not the types of mental illnesses and mental health issues that plague a little under 50 million Americans; according to the National Institute of Mental Health, about 4.5% of American adults have a serious mental illness -- meaning roughly 239,000 New Yorkers based on population statistics.

The three most common SMIs are schizophrenia, bipolar disorder, and major depression – less severe depression and anxiety are not categorized as serious mental illnesses although both the National Institute of Mental Health and the Substance Abuse and Mental Health Services Administration (SAMHSA) agree there is some ambiguity in the cut-off line for what’s considered a “serious” mental illness. It’s also important to note that there are complications with the term “serious mental illness”; it is not a diagnosis itself, but a level of disability or a threshold for having a particularly significant and debilitating mental illness.

In asking how New York treats those estimated 239,000 New Yorkers, there are the unavoidable questions of where they can and should be treated, as Katz indicated. Back in the early 20th century, many people with SMIs were admitted into state psychiatric centers, more commonly known as “insane asylums”; however, over the past 80 years there has been a major shift in placing those with serious mentally illness into inpatient treatment.

In the 1950s, New York began deinstitutionalization – a shift from inpatient care (a patient admitted into a hospital full-time) to community-based outpatient care. According to a 2018 report by Manhattan Institute senior fellow Stephen Eide, the process of deinstitutionalization continues to this day but may have gone too far. According to the report, the city’s public hospital and health care system, NYC Health + Hospitals, is the leading provider of inpatient psychiatric care in the city with only 1,218 beds dedicated to adult inpatient psychiatric care, representing 48% of adult inpatient beds in the city. State psychiatric centers in the city account for 1,058 adult inpatient beds.

ThriveNYC, led by McCray, has come under fire on multiple fronts, including general money mismanagement and lack of clear outcome-tracking, but also for how it helps -- or doesn’t help -- those with serious mental illnesses. During a City Council budget and oversight hearing on March 26, McCray was pressed on the issue several times, including pointed questions about how much of the ThriveNYC budget is dedicated toward treatment for those with SMIs.

At one point she said, “All of Thrive is really focused on the seriously mentally ill,” but she and others who testified about the program eventually offered more clarity.

Thrive, which is called a “roadmap” and spends around $200 million per year on programming and coordination, does include services solely focused on those with serious mental illness, but its main objective is to plug gaps of already existing services run by H+H and the city Department of Health and Mental Hygiene (DOHMH), while reorienting health care to always include mental health care and extend awareness and treatment into all of the city’s communities.

“Thrive is dedicated to prevention when possible, early prevention, treating people in crisis, and making sure people are stabilized when they do reach a crisis point,” McCray said. In arguing that all of Thrive is aimed at serious mental illness, she argued that untreated lower-level mental health issues can spiral.

Thrive, in the context of treating those with SMIs, is criticized for focusing more on mental health rather than mental illness; most of its 54 initiatives are focused on combating stigma, the negative factors that can lead to mental illness, and encouraging people to spot mental health issues in others and themselves, and to seek help.

In a May op-ed in the New York Post, DJ Jaffe, the executive director of Mental Illness Policy Org, and Eide of the Manhattan Institute called for the reallocation of ThriveNYC’s entire budget to focus on those with serious mental illness. They offered specific ways in which to redirect funding into different programs, such as enhancing existing crisis intervention teams, creating an office to exclusively manage the use of Kendra’s Law in New York CIty, and promoting supportive housing for homeless people with serious mental illnesses.

“The most serious cases are the ones most likely to become homeless, arrested, incarcerated, hospitalized and violent if they go untreated,” they wrote. “Yet Thrive virtually ignores this group in favor of people with less severe illnesses.”

Susan Herman, the recently-appointed executive director of ThriveNYC, said during the March testimony, “we are filling strategic gaps and piloting innovative programs for the seriously mentally ill to be able to work with people so they can stay in community by connecting them to services, by helping them connect or reconnect to treatment. We’re helping people both before crisis and after crisis.”

For example, McCray said in an op-ed in New York Daily News that Thrive adds $30 million of funding (about 15% of its budget) to the $300 million the Department of Health and Mental Hygiene already spends directly to help people with SMIs.

“Thrive-supported programs are designed to enhance and complement these existing services, not compete with or replace them,” she wrote.

For someone who voluntarily requests care, they can go to a public hospital for informal short-term hospital care as well as traditional outpatient care. The average stay for someone hospitalized for mental illness is 11 days, according to the New York City Department of Health and Mental Hygiene.

Outpatient care -- preferred by many for its community-based nature -- consists of things like meeting with a therapist or a psychiatrist and getting medication prescribed. Influential 1999 Supreme Court case Olmstead v. L.C. ruled public entities must provide community-based services to those with mental illness whenever possible.

“Lots of people have schizophrenia,” says Dr. Gary Belkin, Executive Deputy Commissioner for Health and Mental Hygiene in the city's Health Department and Chief of Policy and Strategy of ThriveNYC, in a phone interview. “The vast majority don’t end up on the street untreated and that’s because there are things that happen earlier, things that Thrive is working on – getting better care connections, having many points of contact, opportunities for family/friends to bring them mobile help."

Thrive has Assertive Community Treatment (ACT) teams dispatched around the city, often in mental health shelters, to treat people with serious mental illness. There are at least 50 ACT teams in New York with the capacity to serve 3,500 people at any time, according to Herman’s March 26 testimony. Thrive also created intensive mobile treatment teams that mostly go to shelters and provide treatment for homeless people. These outreach efforts mostly help people with outpatient care, but can lead to more intensive intervention, though it is very rare for judges to order people into inpatient hospitalization in New York.

Some of these efforts will now be part of ThriveNYC’s recently-announced outcome-tracking procedures, announced in late June.

The key questions, it seems, are whether Thrive’s efforts and the increased emphasis on outpatient programs on the state level -- perhaps including what Katz of H+H said he’d like to see -- can successfully fill gaps left by deinstitutionalization, while creating a more humane care system, and reduce threats posed by those with serious mental illness to themselves and others.

Deinstitutionalization in New York has been drastic. According to Eide’s report, as of November 2018, the average daily number of people in New York state adult psychiatric centers was 2,267. In 1955, there were over 93,000. Even in just the last four years, the number of state inpatient psychiatric beds -- in other words, the capacity for inpatient care -- has dropped by 19% statewide, from 2,866 in 2014 to 2,335 in 2018.

The drop in average daily patients and inpatient beds has coincided with an increase in the number of seriously mentally ill homeless people in New York and the proportion of inmates with a serious mental illness diagnosis in city jails.

According to Eide’s findings, there are more psychiatric beds in New York City mental health shelters than the number of psychiatric beds in state psychiatric centers and Health + Hospitals facilities combined.

Supportive housing, which provides housing and social services for those with serious mental illness, is also seen as a key tool. There are currently 52,000 units of supportive housing statewide, half of which are funded by the state Office of Mental Health (the other half don’t necessarily serve those with mental illness). Supportive housing, which is built and funded by both the city and state, sometimes in conjunction, is typically run by nonprofit providers who provide onsite mental health care, medication delivery systems, and more.

According to testimony given in a May City Council hearing by the Supportive Housing Network of New York, there are around 33,000 units of supportive housing in New York City. Amid calls for more units, both Mayor de Blasio and Governor Andrew Cuomo have made pledges to develop more supportive housing.

In his NYC 15/15 Supportive Housing Initiative announced in November 2015, de Blasio said the city would develop 15,000 additional units of supportive housing over 15 years. Two months later, Governor Cuomo announced his plan to build 20,000 units over the same 15-year timespan. These announcements came after the two were unable to come to an agreement on what have been known for decades as “New York-New York” supportive housing deals whereby the city and state work together to develop thousands of units.

The New York State Senate and Assembly Democratic majorities see a need for more programming aimed at mental health care and housing, too. Earlier this year, the two bodies unanimously passed a bill creating a temporary commission to study what is seen as chronic underfunding for these housing programs. The commission would “provide policy guidance and recommendations relating to the adequacy of funding levels and need for sufficient staffing in all supportive housing under the auspices of the Office of Mental Health.”

According to a June 25 press release from supportive housing provider Bring It Home, “[t]he bill would prompt a study of current funding and staffing levels across the state and investigate ways the state can begin to remedy its years-long failure to adequately fund mental health housing programs.” Advocates are urging Cuomo to sign the bill so the commission can issue its report in time for the next state budget season.

Another discussion that has played out over many years, at the state level especially, is over how to treat individuals who are too sick to seek help.

Per New York State Law, the criteria to involuntarily admit someone due to mental health is fairly strict – the person can’t understand the need for care or presents a substantial harm to self and/or others, among other standards.

According to a 2015 New York City Department of Health and Mental Hygiene report, 40% of adult New Yorkers with serious mental illness didn’t receive medical treatment in the prior year.

Courts can and do order people to outpatient care: assisted outpatient treatment (AOT) is also known in New York as Kendra’s Law. Originally passed in 1999 in New York State (the first law of its kind and emulated in many other states since), Kendra’s Law allows select people close to a mentally ill person to petition the court to mandate a treatment plan for that person. According to OMH’s website, as of Monday (July 29) there were 3,109 people under active court order via Kendra’s Law, 1,377 of them in New York City.

Jaffe of Mental Health Policy Org, a staunch supporter of Kendra’s Law, estimates around 4,000 people should be in mandated treatment under the law. Critics of Kendra’s Law typically accept the principle but say it’s overly strict, such as the need to show an instance of seriously violent behavior in the last four years. Once a petition to mandate care is successfully filed, the chances of the courts granting the petition are extremely high: 90% of Kendra’s Law petitions were granted statewide from July 29, 2018 through Sunday (July 28, 2019), according to OMH’s website.

Kendra’s Law affects a very small population but has shown signs of working: the state Office of Mental Health says for someone who went through an assisted outpatient treatment program, psychiatric hospitalization was reduced by 64% after AOT, incarceration by 72%, and homelessness was reduced by 61%. Jaffe and Eide in their op-ed call for the creation (and funding) of a Kendra’s Law Office to deal solely with helping the city expand its efforts to get more people into Kendra’s Law.

Meanwhile, ThriveNYC offers NYC Well, a mental health helpline that has the ability to dispatch mobile crisis intervention teams to someone experiencing a mental health crisis. The phone line is something that de Blasio and McCray often cite in their public remarks about Thrive and the city’s efforts to improve mental health care.

Another big piece of the current picture of care for those with serious mental illnesses is correctional health services, which have been needed more and more. Although the daily inmate and detainee population in city jails is decreasing, the percentage of those diagnosed with a serious mental illness has gone from 10.2% in city fiscal year 2014 to 14.3% in fiscal year 2018, according to the Mayor’s Management Report.

Dr. Katz  said on What’s the [DATA] Point? that “In the case of correctional health…we know in New York City there is a group of people with very serious mental health and addiction problems who rotate between the acute hospital, the shelter, and the jail.”

One goal of ThriveNYC is to limit the number of people going to jail due to serious mental illness. The city will open two health diversion centers later this year. Announced in late 2018, the diversion centers will provide somewhere for police officers to take someone who has committed a low-level, non-violent crime but they believe is exhibiting behavioral problems due to mental health. The centers will offer mental health treatment and have overnight beds but stays will be capped at five days.

Skeptics of the idea point out that there will only be two diversion centers, one in the Bronx and one in East Harlem, and each center will only serve its specific community. Plus, the centers will have a “no-refusal” policy that could edge out those with serious mental illness if the centers are at capacity. According to Herman at the March City Council hearing, Thrive plans to evaluate the success of the two programs and possibly create more centers next year.

“We want to catch [people] before entry into the criminal justice system,” said Dr. Belkin. “Nobody should enter the criminal justice system for something related to mental illness. We should be able to reach those people so that doesn’t happen, where they can be treated and managed in a health context before they get ensnared in the criminal justice system. I think everyone wants to avoid that path."

Critics argue, as alluded to by Katz and recently brought up during a Council hearing on recidivism of those with mental illness, that mental health services outside of the criminal justice system are less robust than those offered in city jails. According to Katz, “the fact that we make it necessary for some people to commit shoplifting in order to ensure they’re in a safe place, get their meds, get their food, get their house, when we could do that so much less expensively elsewhere is really a condemnation on us.”

Another option, proposed by Jaffe and Eide, is the expansion of mental health courts, which allows judges to divert those with serious mental illness and charged with crimes to treatment instead of jail. They say current mental health courts cannot offer housing to these people, which weakens its effectiveness.

City Council Speaker Corey Johnson is attempting to prevent those with mental illness from going to jail and to ensure they get better treatment instead. In a speech on criminal justice reform on May 16 at John Jay College, he announced the Council will create a program to house 100 people with SMI caught in the criminal justice system and emphasized the 100 beds are a start, but the program will need further investment and focus to add more beds.

Johnson also pointed out how targeting the legal system can keep people with SMI out of jail; he announced the Council will fund a program to connect social workers with defense attorneys to find alternatives to prison. He also previewed the Get Well & Get Out Act, which would require correctional services staff to keep attorneys informed of their clients’ mental health.

The bill was introduced on June 13 by Council Member Margaret Chin of Manhattan and six other Council sponsors, including Speaker Johnson. The Council quickly held a hearing on the bill that was combined with an oversight hearing on recidivism rates for those with mental illness. The bill has not yet received a committee vote.

How the city handles crisis situations including people with serious mental illness has come under increased scrutiny over the last few years. According to the NYPD and an investigation from THE CITY, calls to 911 involving EDP’s, or emotionally disturbed persons, have risen from around 97,000 in 2009 to 180,000 last year. Fourteen people who appeared to be suffering from acute mental illness have been killed by police officers in the past three years.

The extent to which the city’s roughly 37,000-member police force has been trained in crisis prevention is an ongoing issue. THE CITY estimated that only about 11,970 uniformed officers had undergone crisis prevention training at the time of its March reporting.

In April 2018, de Blasio and McCray launched the NYC Crisis Prevention and Response Task Force to create a strategy to better deal with mental health crises in the city. That report was due in January and has not been publicly released. The Task Force consists of leaders from the Department of Health and Mental Hygiene, ThriveNYC, and the NYPD, among others.

McCray in her Daily News op-ed said serious mental illness and EDP calls aren’t as related as they appear.

“Unfortunately, too many people think of serious mental illness as ‘crazy people in the subway,’ or 911 calls involving emotionally disturbed persons. But not everyone sleeping in the subway or on the streets has an illness,” she wrote. “And emotional disturbance describes erratic behavior at a given time — not a chronic disease.”

In an attempt to treat EDPs, Thrive created what it calls co-response teams that proactively send a police officer with a clinician to people who have shown violent tendencies or behavioral problems in the past. The forensic ACT teams, the mobile intervention teams, and the co-response teams are all a part of Thrive’s NYC Safe program.

It’s possible that the program Dr. Katz spoke about in April -- creating a residential program for the seriously mentally ill to fill in the gaps of treatment between outpatient care, inpatient care, and prison -- is what’s called “Intensive Outpatient Treatment,” or IOT, which offers a much higher intensity of services but still in the patient’s community. Patients under IOT would visit a psychiatrist more often and for longer than traditional outpatient programs.

Already existing outpatient programs must apply for a waiver to the state Office of Mental Health for permission to offer an intensive outpatient treatment program. OMH has approved waivers for 35 clinics beginning in August 2017, according to OMH’s website (they are required by state law to publicly release waiver requests and decisions).

Otherwise, the most intensive treatment with the most consistent care can be found in hospitals, prisons, or homeless shelters.

***
by Truman Stephens, Gotham Gazette

Read more by this writer.

De Blasio on the Presidential Debate Stage; Queens DA Primary Certified; & More: The Week Ahead in New York Politics, July 29


New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week starts with Mayor Bill de Blasio and others reacting to a shooting that occured at a large annual block party in Brownsville, Brooklyn on Saturday night. De Blasio met with community leaders in Brownsville on Sunday, while other local officials including Brooklyn Borough President Eric Adams also addressed the shooting, which killed at least one person and injured several others. While murders have been trending down again this year compared to last, shooting incidents have been up, particularly in certain pockets of the city that often see the most gun violence, though the number of shootings is still far below what it was years ago.

There was also news of another suicide among NYPD officers this weekend, the latest in a recent wave of such incidences (five in the last two months) that has many in the city on high alarm and officials from the mayor to NYPD Commissioner James O'Neill and many others encouraging any NYPD personnel struggling with mental health or other issues to seek help. “Tonight our city mourns at the news that we’ve lost another NYPD officer to suicide," de Blasio said in a Saturday statement. These tragedies cannot continue. We cannot lose any more of our officers...If you or a loved one is in need: ask. Your whole city stands in support of you ready to answer the call." His office also noted several outreach channels: NYPD Employee Assistance Unit 646-610-6730; NYPD Chaplains Unit 212-473-2363; POPPA (Police Organization Providing Peer Assistance) 888-267-7267; NYPD Crisis Text Line Text BLUE to 741741; NYC WELL 1-888-NYC-WELL.

De Blasio was in the city this weekend as opposed to the presidential campaign trail, apparently to prepare for this week's Democratic primary debate -- he'll appear during night two of the two-night debate from Detroit. De Blasio's wife and son, Chirlane McCray and Dante de Blasio, were campaigning for the mayor in South Carolina this weekend. Like many of the other 20-plus candidates in the Democratic field, de Blasio is in the midst of a push to make the third debate, set for September, which has significantly tougher qualifying criteria. There are about 10 candidates who appear set to make that debate, while more than 10 others including de Blasio are scrambling to reach the donor and polling thresholds.

For his part, Governor Andrew Cuomo was in Utah on Friday to attend a meeting of the Democratic Governors Association, at which he was named vice chair and he delivered public remarks about the inaction in Washington, D.C. and how governors must and do respond.

There are fewer political events on the calendar this week than many others, which is typical for this time of year. The City Council has no hearings this week, for example. But there are several events to be aware of -- see the day-by-day rundown below. And, the New York political world will continue discussing, among other things, the recently-passed MTA reorganization plan.

A high-profile issue on the table to kick off the week: the results of the Queens District Attorney Democratic primary are expected to be certified by the Board of Elections on Monday, with Borough President Melinda Katz being declared the winner by 60 votes over public defender Tiffany Cabán. But, it's not over yet -- Cabán already has a court date on Wednesday (moved up from August 6) to challenge over 100 affidavit ballots invalidated by the BOE that her campaign belives should be counted. While Katz is declaring victory and the BOE is likely to certify the results Monday, this race will continue for at least another week or so.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday, July 29
Mayor de Blasio is in New York City with no public events scheduled for Monday; Governor Cuomo is in Albany with no public events scheduled for Monday.

At 1 p.m. Monday, New York City Board of Elections officials will meet in Manhattan to certify the results of the Queens District Attorney Democratic primary, though a court challenge to affidavit ballots will be heard on Wednesday.

At 1 p.m. Monday, the City Planning Commission will hold a review session.

At 6 p.m. Monday, State Senator Zellnor Myrie, Council Member Laurie Cumbo, and Assembly Members Walter Mosley and Diana Richardson will host a “Help for Homeowners” town hall in Brooklyn.

Also at 6 p.m. Monday, Assembly Member Yuh-Line Niou will hold a separate Housing and Rent Law town hall to discuss laws recently passed by the state legislature and “learn more about these changes from our housing lawyers and advocates.”

Also at 6 p.m. Monday, City Council Members Robert Cornegy, Jr. and Mark Levine, and state Senator Liz Krueger will participate in a discussion about how elected officials influence "the makeup of public buildings and infrastructure in New York City. Every process of building a public project is shaped by our elected representatives: funding, political support, design, procurement, and construction. This program allows audience members to hear directly from both City and State elected officials about their experiences with the construction of public buildings. Speakers will discuss specific examples in their legislative districts, as well as general trends throughout the City on a variety of different public building and infrastructure typologies." The event is hosted by Center for Architecture and AIANY.

Also at 6 p.m. Monday, the Manhattan Institute will host its Young Leaders Circle with retired General Stanley McChrystal. “At a time when escalating tensions in the Persian Gulf, especially between the U.S. and Iran, threaten to disrupt peace and commerce in the region—and the world—McChrystal brings both a business and a military perspective to a dangerous situation. What should be the next move for the U.S. in dealing with Iran?”

Comptroller Scott Stringer will appear on Monday evening's Inside City Hall on NY1, during the 7 and 11 p.m. hours.

Tuesday, July 30
On Tuesday at 3:30 p.m. at Boys & Girls Club of Metro Queens, "Assemblyman David I. Weprin and the Zero Abuse Project will host a free seminar entitled “Courageous Conversations, Critical Choices: What New York’s Child Victims Act Means for Queens” to inform community members about the changes to the statute of limitations requirements for child sexual abuse in New York under the recently enacted Child Victims Act (CVA)."

At 6 p.m. Tuesday, New York Lawyers for the Public Interest will host a panel discussion on the lack of adequate health care for those detained in immigration facilities. “Panelists – including Laura Redman, director or NYLPI’s health justice program, medical professionals Dr. Chanelle Diaz and Dr. Jasdeep Mangat, and an individual previously held in detention – will discuss this ongoing human rights crisis and efforts to address it. The panel is in conjunction with NYLPI’s social justice-focused pop-up art exhibit, All Access."

Tuesday night will be the first night of the two-night second Democratic presidential primary debate, airing on CNN from Detroit and again including 20 candidates in total. The first night will include Senators Bernie Sanders and Elizabeth Warren, among others.

Wednesday, July 31
At 8:30 a.m. Wednesday, the Queens Chamber of Commerce will host “How NYC Building Owners Will Cash In on the New Environmental Standards,” an event discussing the positive impacts for property owners and managers of Local Law 97. Speakers will include City Council Member Costa Constantinides and Queens Chamber President Thomas Grech.

There will be a court hearing on Wednesday at the Tiffany Cabán campaign attempts to have "more than a hundred" affidavit ballots counted in the Queens District Attorney Democratic primary.

From 9 a.m. to 4 p.m. on Wednesday, City & State will host its 2019 Protecting New York Summit, offering “industry executives, public sector leaders and academics the opportunity to discuss all aspects of New York’s security strategy, from securing infrastructure, to cybersecurity and disaster management.” Speakers will include Police Commissioner James O’Neill, Assembly Member Jaime Williams, and City Council Members Joe Borelli, Justin Brannan, and Donovan Richards, among many others. (Gotham Gazette editor Ben Max will moderate a panel on the media, the internet, security, and free speech with Council Member Richards, the chair of the public safety committee, and NYPD Deputy Commissioner of Intelligence and Counterterrorism John Miller.)

At 10 a.m. on Wednesday, the City Planning Commission will hold a public meeting.

On Wednesday from 5-6 p.m., this week’s Max & Murphy show on WBAI radio -- listen at 99.5 FM or wbai.org -- will include a discussion with City Council Member Brad Lander about school and neighborhood segregation in New York City, among other topics. 

At 6 p.m. on Wednesday, the New York City Panel for Educational Policy will hold its monthly meeting, discussing topics including culturally responsive-sustaining education and negotiations with custodial unions, before opening for general public comment.

Wednesday night is the second of the two-night second Democratic presidential debate on CNN. The second night will feature Mayor de Blasio, Senators Kirsten Gillibrand, Cory Booker, and Kamala Harris, former Vice President Joe Biden, former HUD Secretary Julian Castro, and others.

Thursday, August 1
At 8 a.m. on Thursday, the New York Building Congress will meet for a construction industry breakfast, with keynote speaker Vicki Been, Deputy Mayor for Housing and Development. 

At 6 p.m. on Thursday, Manhattan Borough President Gale Brewer will host a Dominican Day Parade 2019 launch reception.

At 6:30 p.m. on Thursday, BetaNYC will host a meetup on cycling and data collection. Included in the discussion will be “tools to analyze your ride, how to document your ride, how to best provide government better data on safety / infrastructure, cycling with cameras, & which laws are applicable in NYC vs NY State.”

Friday, August 2
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show Friday at 10 a.m.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Joey Fox and Ben Max
@GothamGazette

As Cuomo and Heastie Trade Comments on Anti-Poverty Efforts, a Closer Look at What They've Done


albany gov cuomo carl heastie

Speaker Heastie & Governor Cuomo (photo: the governor's office)


Despite previously lauding the 2019 state legislative session as the “most productive session in modern political history,” Governor Andrew Cuomo went on to call the session “not progressive enough,” citing a need “to do more on poverty.”

At his celebratory, mostly upbeat end-of-session press conference on June 21, Cuomo was asked about what did not get done, and cited three issues he said he would work on next year: legalizing adult-use marijuana and paid gestational surrogacy, and expanding prevailing wage requirements on construction projects that receive state incentives. He did not mention poverty.

But just three days later during a radio appearance, Cuomo questioned whether the legislative session was “progresive enough,” and rhetorically asked WAMC’s The Roundtable host Alan Chartock, “what happened, doctor, to discussion of poverty and civil rights and the minority community?”

It was an apparently off-hand comment that seemed to catch many people by surprise, especially Assembly Speaker Carl Heastie, a Democrat whose district is in the Bronx, which is home to some of the highest poverty rates in the country.

While Cuomo has made significant strides with anti-poverty policies in the past, most notably the minimum wage hike he ushered through a split Legislature in 2016, the third-term Democratic governor did not push any landmark anti-poverty legislation or initiatives this session, which featured a long list of other progressive accomplishments with Democrats in control of both legislative houses for the first time in many years.

Soon after Cuomo’s comment about the session lacking a focus on poverty, Heastie was asked about it.

“If we’re talking about things like poverty, that necessitates putting more money in the budget,” Heastie said on June 25, appearing on WCNY’s The Capitol Pressroom with host Susan Arbetter. “If that’s the governor’s sentiment, next year we should see a robust poverty agenda in the executive budget,” he said.

When asked about the Assembly’s anti-poverty efforts, Heastie mentioned boosting community college enrollment and said such schooling can serve as a key stepping stone to the workforce.

“Every place has a different type of industry, and community colleges can put together training linked with local businesses,” Heastie said on Capitol Pressroom.

In New York, 2,908,471 people live in poverty, according to the New York State Community Action Association in its 2019 annual poverty report. That’s about 15% of the state’s 19.8 million residents; a rate just above the U.S. poverty rate of 14.6%. For white New Yorkers, the poverty rate is 11%, while it jumps to 22.5% for black New Yorkers and 24.4% for Hispanic New Yorkers. Of the 1.8 million adult New Yorkers with no high school diploma, 29% live in poverty.

Though they give both Cuomo and Heastie’s Assembly majority credit for significant steps toward fighting poverty in New York, advocates and other experts believe both have indeed been lacking in moving a number of anti-poverty measures.

Several proposed anti-poverty bills have stalled in the Assembly, and those that have passed the Assembly have not been signed into law by Cuomo, in part due to a lack of support by the governor, who was friendly with the Republican Senate majority that ruled the upper legislative chamber for all of the governor’s first two terms.

As Heastie indicated, some see the need for more state spending on anti-poverty measures, which may only be possible through tax increases, which Cuomo generally opposes. Some say a significant roadblock to many anti-poverty programs is the 2 percent cap on annual state spending increases that Cuomo has insisted on, though he has repeatedly broken that pledge. Still, Cuomo has largely kept state agency operational spending flat year over year and is loathe to add new expensive programs to the budget, especially those that don’t fit his carefully crafted agenda.

But while he has not supported key policies that advocates say would help fight poverty in New York, Cuomo has moved several significant anti-poverty measures, from the minimum wage hike to the Empire State Poverty Reduction Initiative (ESPRI), which provides state grants to localities to fund anti-poverty efforts, to the creation of the Child Care Availability Task Force, which is currently studying how to make childcare more affordable in New York.

Heastie said on Capitol Pressroom that the Assembly focuses on high poverty communities and tries to find ways to revitalize them, including through working with Cuomo to add localities to the ESPRI. Most parties point to the state’s high levels of local education funding as evidence of efforts to fight poverty through educational investments, but that focus has been criticized, even by Assembly Democrats, who believe the state owes billions in funding to poor schools, and Cuomo, who recently started saying he wants more state funding to go to poorer schools without corresponding increases to wealthier schools.

During Heastie’s four years as speaker thus far, the Assembly has pushed anti-poverty efforts, including as a key force behind the minimum wage increase and the paid family leave program that also passed the same year. But there are also some question marks.

In January 2016, Heastie announced an “Anti-Poverty Work Group,” with the goal of finding “ways to break the vicious cycle that forces people to focus on getting by and never allows them to focus on getting ahead,” he said in the press release. The work group consisted of 13 Assembly members, and was specifically tasked with coming up with ideas to improve nutrition, literacy, supportive housing, shelters, rental assistance, fair labor practices, and job training, and increase access to quality child care and health care.

However, little came of the work group -- there’s no other record of its existence in Assembly press release archives or on the Assembly website more broadly.

The work group was organized with the goal of breaking “down the silos we deal with in the Assembly,” Queens Assemblymember Andrew Hevesi, who served on the work group and has chaired the chamber’s social services committee, said in an interview with Gotham Gazette.

According to Hevesi, when former Assembly Majority Leader Joe Morelle left the Assembly at the end of 2018, the work group “fell off the top of everybody’s radar.” But even that would have been nearly three years after the group’s creation, and Morelle did not serve as its chair. Hevesi said the group had only a “couple of meetings.”

Anti-Poverty Initiatives Left on the Table
There are a variety of anti-poverty measures that could be considered by the Legislature and Cuomo. For example, a proposed bill aimed at reducing homelessness would have created a homeless housing task force by each social services district in the state to “develop a ten-year homeless housing plan addressing short-term and long-term housing for homeless persons,” according to the bill. The bill has not moved in the Assembly social services committee.

Anti-poverty measures can be bipartisan. Republican Assembly Minority Leader Brian Kolb is the lead sponsor on a bill to raise the state earned income tax credit (EITC) from 30 percent to 45 percent of the federal level. Currently, a family with three or more children can earn a maximum of $8,682 in their EITC, and a filer without children can earn a maximum of $701 in their EITC, including state, city, and federal credits, according to the New York State Department of Taxation and Finance. Another Assembly bill would expand the EITC to include workers who are 18-24 years old, a demographic that is currently not eligible for the EITC. The state EITC was last raised by Republican Governor George Pataki in 2003.

Neither the Assembly nor the Senate took up state EITC expansion this year.

That Assembly Republicans are leading the fight to raise the EITC is “both ironic and shameful,” said Ron Deutsch, executive director of the Fiscal Policy Institute, a think tank, in an interview with Gotham Gazette. “For the Assembly minority to be to the left of the governor on an issue like this really speaks to the fact that the governor is far more fiscally conservative than he paints himself,” he said.

According to data from the Fiscal Policy Institute, 85,345 young adult workers in the state that would be eligible for the childless EITC are currently excluded because they cannot be claimed as a dependent. These workers earn less than $15,270 as single filers or less than $20,900 as married filers.

Another proposed anti-poverty bill, championed by Hevesi, is known as Home Stability Support (HSS) and would increase rent supplements to families at risk of eviction, homelessness, or loss of housing due to domestic violence or hazardous living conditions. While the Assembly has pushed HSS for several years, it has not made it into the state budget, apparently due to Cuomo’s opposition.

HSS is widely seen as a way to prevent homelessness, and has many backers in both city and state government, as well as the advocacy community. According to data from the Assembly Committee on Social Services’ annual report, each year about 250,000 New Yorkers experience homelessness, and three of five homeless New Yorkers are school-aged children. In 2018, 23,000 more people became homeless, the report says. The number of homeless school-aged children has grown by 69% since 2011 (Cuomo’s first year as governor).

According to data from city Comptroller Scott Stringer’s office, over 10 years HSS could reduce the shelter population in New York City by 80 percent among families with children, 60 percent among adult families, and 40 percent among single adults. As Hevesi and others regularly point out, the cost of HSS subsidies are projected to be recouped in savings where governments spend less on shelters and other aspects of the social safety net.

HSS is projected to cost $9,865 per year for an individual in New York City, $7,320 per year for an individual in Westchester County, and $2,784 per year for an individual in Monroe County, according to data from the proposed plan. HSS advocates argue that the legislation would save the state money, as it would keep individuals and families out of shelters, which cost significantly more per individual per year to maintain. Providing an individual with temporary housing, or shelters, costs $25,925 per year in New York City,  $36,000 per year in Westchester County, and $10,950 in Monroe County, according to data from the plan.

The legislation has had support in both houses, but not enough to move it through both and to the governor. Neither majority appeared to make it a priority this year as the Legislature moved a long agenda of progressive bills.

“Home Stability Support will be a lifeline for thousands of New Yorkers to avoid falling into the cycle of homelessness, and it will also save millions of dollars for towns, counties and cities throughout the state,” State Senator Liz Krueger said in a press release supporting HSS.

Hevesi said that the reason the bill has never been passed is that Cuomo is against it. However, Hevesi said he is confident that the bill will get passed eventually, either legislatively or in the budget.

“It was in the Assembly one-house budget, Senate one-house budget, and the governor unilaterally stopped it,” Hevesi told Gotham Gazette.

HSS has been supported by a number of advocacy groups fighting poverty and homelessness in the state. Still, there was no clear, concerted effort by the Assembly and Senate majorities to push HSS over the finish line and into the state budget before it was voted through on April 1.

“Unfortunately over the past several years, in our advocacy to pass HSS, the governor has been one of the primary roadblocks,” said Helen Strom, a benefits unit supervisor at Urban Justice Center (UJC), an advocacy organization and think tank focused on bringing people out of poverty.

Hevesi accused Cuomo of profiting off of homeless shelters via Help USA, a nonprofit providing shelter that Cuomo founded many years ago and is now led by the governor’s sister.

“I don’t think he’s fighting homelessness,” Hevesi said. “I think he’s making money off of homelessness. Every policymaker in the state is for stopping the growth of the crisis except for him,” he said.

Via a spokesperson, Cuomo’s office pushed back against Hevesi’s accusation, calling it an “irresponsible lie” in a statement to Gotham Gazette, and saying the governor makes no money from Help USA.

Another issue some advocates and lawmakers raise around fighting poverty is health care, and while the state has very high rates of health care insurance coverage -- roughly 95% of New Yorkers are enrolled, in part due to robust government programming -- costs are still high for many. The Assembly majority had for several years passed the New York Health Act, which would create a universal, single-payer health care system in New York, but did not push the policy, which is opposed by Cuomo, this year, when it actually had a chance of passage in the newly-Democratic Senate. While most of the senators in the new majority had either co-sponsored the New York Health Act last year or expressed support for it during last year's campaigns, the legislation did not move in either house this year. Cuomo has said he believes single-payer health care is the best goal, but that it should be done nationally, that to do it in New York would be unrealistic given how much it upheaval it would require, including raising taxes on many New Yorkers and roughly doubling the state budget.

While advocacy groups agree in their criticism of Cuomo, “no one,” including Cuomo and the Assembly, has made anti-poverty measures “a real priority,” Deutsch said. “We can’t continue down this path any longer.”

Assembly Accomplishments
According to the Assembly majority, in March 2016, it successfully added municipalities to the governor’s Empire State Poverty Reduction Initiative (ESPRI), though it does not appear this was a direct result of the anti-poverty work group given it had just been assembled and seems to have done little overall.

ESPRI invests money directly into 16 communities with high poverty rates. Among communities introduced by the Assembly to the initiative are Troy, Hempstead, Buffalo, Oneonta, Albany, Rochester, and Broome County. Upon being added, these communities became eligible to receive ESPRI funding, which began with a $25 million investment in 2015 and received $4.5 million in the 2020 budget.

ESPRI funding supports programs including financial literacy, job training, mental health and substance abuse counseling, and more.

While advocacy groups agreed that no substantial, explicit anti-poverty measures passed this legislative session, some programs that did move are likely to help fight poverty.

“Despite the state’s fiscal constraints, the Assembly ensured this year’s state budget invested in services for families struggling with the costs of housing, child care and after-school programs while restoring critical cuts to Medicaid and education,” Speaker Heastie said in a statement to Gotham Gazette. “The Assembly Majority remains focused on advancing our Families First Agenda, which includes identifying ways to lift New Yorkers out of poverty,” he said.

The state approved a program to end cash bail in most instances, allowing most people accused of a non-violent crime to remain out of jail while awaiting a court date. In pushing for major limits on cash bail, one central argument was that the use of it criminalized poverty, essentially making it that poor people who can’t afford a few hundred dollars in bail would sit in jail, and risk losing their jobs and other community ties.

In Schenectady County, those arrested spend an average of 40 days in jail before they are charged, with some let go without being charged at all, according to Citizen Action State Organizing and Training Director Jamaica Miles.

“The people most likely to be sitting in jail are those that cannot afford to pay the bail or bond to get out,” Miles said in an interview with Gotham Gazette. “You’ve made their lives more difficult before convicting them of a crime,” she said, if they are ever convicted at all.

Additionally, the state’s newly approved rent regulations, highly favorable to rent-regulated tenants, are expected to be beneficial to many low-income families.

“The hope is they won’t be evicted as easily as they are being evicted now,” Deutsch said.

Looking ahead, the Assembly will be re-introducing a package of bills that “overhauls” the public assistance system, Hevesi said.

With the current public assistance system, many low-wage workers can earn enough to work themselves out of the benefit and lose their vouchers, but when they lose public assistance they can no longer afford to live where they’re living, Strom said.

To remedy the system, the state can raise the eligibility income levels for public assistance or create a different income level for housing vouchers, so those receiving public assistance can retain their vouchers while they transition to being off of benefits and on an employment income, Strom said.

“As it’s currently structured it’s a trap. Once people are on public assistance they are trapped in perpetuity. We have an opportunity to break that system up and give people the incentives they need to get off public assistance,” Hevesi said.

The Assembly had a hearing on the overhaul set for the end of the previous legislative session, but it didn’t come together in time, Hevesi said. The bills have veto proof support in the Assembly, including backing of Minority Leader Brian Kolb, and are over the 32 vote threshold to have a majority in the Senate, but still do not have the support of the governor, Hevesi said. 

The Assembly also pushed the governor for the creation of 20,000 units of supportive housing for the chronically homeless, Hevesi said.

“After a several-year battle [Cuomo] agreed, but then stalled again when we had to force him two years ago to release $1 billion to get the first 6,000 units,” Hevesi said.

Cuomo’s Efforts
Until his June comments on WAMC radio, just after the end of the budget and legislative session in Albany, Cuomo had said very little directly about poverty in 2019.

He did not explicitly discuss “poverty” in any of his three major speeches (a December “First 100 Days” address, his January 1 inaugural remarks, and his State of the State speech later in January) that set the stage for this year in Albany, the first under full and functional Democratic control of both the governor’s office and Legislature in several decades.

Cuomo did mention several programs, both already passed and on his 2019 agenda, that relate to poverty, though, including the minimum wage hike, which has seen the wage hit $15 per hour in New York City, with other increases around the state.

In his December 2018 speech outlining his agenda for the “first 100 days” of his third term, Cuomo called the lack of affordable housing “a crisis,” and promoted what he says is the state’s largest ever investment in affordable housing, which appears to have meant continuation of an ongoing $20 billion program that requires new budget investments each year.

He also called for renewed rent regulations that would improve certain tenants’ rights, which ultimately passed in the Legislature and were signed by the governor to much acclaim by activists, advocates, and lawmakers.

In his inaugural address, Cuomo again avoided the issue of poverty directly, but touted the state’s accomplishments and agenda related to fighting climate change, ending cash bail, legalizing marijuana (which failed to pass during the legislative session), and investment in affordable housing.

In his State of the State address, Cuomo again did not explicitly discuss poverty, but he put forth budgetary and legislative proposals to alleviate burdens for those in or near poverty. Cuomo’s executive budget plan proposed providing more state aid to poorer schools and school districts, while moving ahead with planned funding for affordable housing and to fight homelessness, among other measures that stand to help people living in or near poverty, like cash bail reform and green economics.

In his State of the State policy book, Cuomo did include a short section on “Combating Poverty,” with two planks: one, further supporting the Empire State Poverty Reduction Initiative (ESPRI) and establishing ESPRI representation on Regional Economic Development Council workforce development committees; and two, “reduce hunger and food insecurity.” Cuomo would “establish a goal to reduce household food insecurity in New York State by 10 percent by 2024,” the policy book reads, and will do so by “directing the following actions: create a food and anti-hunger policy coordinator; simplify access to SNAP for older and disabled adults; enhanced resources and referrals in clinical settings; participate in SNAP online purchasing pilot; and expand food access in Central Brooklyn.”

Asked about the governor’s anti-poverty record in light of his comments and Heastie’s response, the governor’s office highlighted a number of programs.

“New York State is leading the fight against poverty through a holistic approach, including raising the minimum wage to $15 an hour, and a $20 billion plan to combat homelessness and create or preserve more than 100,000 affordable homes and 6,000 providing supportive services,” Cuomo Press Secretary Caitlin Girouard said in a statement to Gotham Gazette.

According to the Governor’s office, Cuomo’s poverty reduction programs include 2013’s anti-hunger task force, 2015’s $25 million ESPRI to address regional pockets of poverty across the state, and the $15 per hour minimum wage program that he ushered through in 2016, which is phased in over several years and sets different wages in different regions of the state.

According to data from the “Unheard Third,” a regular opinion poll of low-income households conducted by the nonprofit Community Service Society, half of low-income hourly workers in New York City say that the recent increases in the state minimum wage is making them better off.

The percentage of New Yorkers in poverty decreased every year from 2013 to 2017, from 16 percent of New Yorkers living below the poverty line in 2013 to 14.1 percent in 2017, according to data from Talk Poverty, an organization that tracks poverty levels in every state. Since the minimum wage has passed, 247,775 fewer New Yorkers are living below the poverty line, according according to data from Talk Poverty. (The aforementioned New York State Community Action Association in its 2019 annual poverty report estimates 15% of New Yorkers living in poverty, using recent Census data from 2013-2017.)

Moving ahead, Cuomo has said he wants to continue to invest in education, but with aid directed disproportionately toward poorer K-12 schools. When the new state budget passed in April, education funding increased to $27.9 billion, with over 70% of the increased funding going to schools in poorer districts, according to the budget.

The state has increased funding for higher education, too, which has a distinct budget of $7.6 billion, by $1.6 billion, or 27 percent, since 2012 (Cuomo took office in 2011), according to data from the Governor’s office. Still, Cuomo has faced criticism related to funding for CUNY and SUNY public higher education institutions, and how his signature Excelsior Scholarship program is working.

In December of last year, Cuomo announced the Child Care Availability Task Force, a group of experts assembled to develop solutions that will improve access to affordable child care. The task force examined “access to affordable child care, the availability of child care for parents with non-traditional work hours, statutory and regulatory changes that could promote or enhance access to child care, business incentives to increase child care access, and the impact on tax credits and deductions relating to child care,” according to a press release announcing its creation.

"We want to ensure that working families are provided with the resources for safe, accessible and affordable child care. By promoting and investing in child care, we know it can improve women's participation in the workforce and narrow the gender wage gap,” said Lieutenant Governor Kathy Hochul, who is a co-chair of the Child Care Availability Task Force, in the press release. Hochul has said she expects its initial recommendations to help inform the Cuomo administration’s 2020 agenda.

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by Noah Berman, Gotham Gazette

Read more by this writer.

Report Shows Nation-Leading Extent of New York's Nonprofit Sector


council member eric ulrich food

(photo: William Alatriste/New York City Council)


New York has the largest nonprofit sector in the country, according to a new report from state Comptroller Thomas DiNapoli.

In 2017, New York nonprofits boasted over 1.4 million jobs and $78 billion in employee wages, both top marks across the United States, according to DiNapoli’s report released Tuesday. Between 2007 and 2017, the state added 175,000 jobs in the nonprofit sector, an increase of 14 percent. Nonprofit employment consisted of 17.8 percent of all of New York’s private sector employment in 2017. Nonprofit employment sits at about 10 percent nationwide.

“Nonprofits play an important role in every region of New York, delivering vital services to New Yorkers, from hospital care and education to legal services and environmental protection,” DiNapoli said in a statement.

In New York City, there were 662,025 nonprofit employees in 2017, also 17.8 percent of the private sector. Nonprofit employees in the city earned an average of $63,056, the highest in the state, compared to $55,572 statewide.

Yet New York City has the greatest disparity in average annual pay between nonprofit employees and the rest of the private sector, with nonprofit wages more than $36,000 below the average for other private employers. Though New York City’s high-wage finance and insurance sectors inflate the average private sector wages, nonprofit wages still fell behind by an average of $11,200 when those sectors are excluded, DiNapoli’s report says.

Since 2013, nonprofit employment has grown at a faster pace than broader private sector employment in every one of the state’s 10 regions except New York City, the report shows.

Problems with Nonprofit Contracting in New York City
This trend could be due to the rapid employment growth in New York CIty’s other sectors over the last several, but there are also problems in the city’s nonprofit sector as it deals with a dysfunctional city government procurement process. Many nonprofits fill vital city services and are paid largely through contracts with city government, but there are significant challenges in how those contracts are awarded and paid.

After a nonprofit is awarded a city contract, it is often expected to begin delivering services before the contract reaches the city comptroller’s office for approval. While the comptroller must act to approve or disapprove a contract within 30 days of receiving it, there are no such time constraints on other parts of the process, whereby city agencies often delay moving the contract toward payment.

As a result of the commonplace lack of urgency in nonprofit contracting, in Fiscal Year (FY) 2018, 80 percent of all new and renewal contracts arrived at the Comptroller’s Office after their start day had passed, according to data from Comptroller Scott Stringer’s office. 89 percent of all human services contracts, many of which are given to nonprofits, arrived late in the same period.

According to the same data, 13 percent of contracts, and nearly 20% of human services contracts, arrived at the comptroller’s office over a year after their start date.

Of the 6,440 new or renewal contracts the city comptroller’s office registered in FY2018, 80 percent were retroactive; with 40 percent more than 180 days retroactive. Some agencies, including the Department of Homeless Services and the Department of Education, submitted over 99 percent of their contracts late.

One study assessed the cost of lateness to New York City nonprofits at $774 million in 2018, up from $675 million in 2017. The financial strain of delayed payments to nonprofit workers can disproportionately affect women, who make up 85 percent of human service workers, and people of color, who make up 75 percent. The numbers are additionally troubling when combined with the state comptroller’s report showing just how large the city’s nonprofit sector is.

City Council Members Helen Rosenthal and Ben Kallos recently introduced legislation that would set time limits within which agencies would be required to complete each step of the procurement process, meant to expedite the process by which the city pays out its nonprofit contracts.

Comptroller Stringer has suggested that agencies with an oversight role in New York City’s contract review process “should be assigned a strict timeframe to complete their work, similar to the Comptroller’s 30-day time limit for contract registration.” Stringer encouraged the creation of “a public-facing tracking system that allows vendors to monitor the progress of the contract through each stage of the review process.”

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by Noah Berman, Gotham Gazette

Read more by this writer.

Charter Commission Decisions; Council Hearing on Foreclosure Program; MTA Board Meeting; & More: The Week Ahead in New York Politics, July 22


New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week starts with New Yorkers recovering from an intense heat wave, during which MTA subways faltered on Friday night and there were broader power outages in neighborhoods throughout the city over the course of several days. Mayor Bill de Blasio stayed in the city this weekend due to the heat wave, instead of heading to Iowa as planned for presidential campaigning, and he spent Saturday out and about throughout the city, visiting a public pool, a beach, a senior center, and more -- the types of appearances that have been fairly rare for de Blasio throughout his 5.5 years as mayor.

The week also begins amid increased attention on de Blasio's handling of NYPD Officer Daniel Pantaleo, whose chokehold led to Eric Garner's death on a Staten Island street five years ago this past Wednesday. With federal authorities finally saying this past Tuesday that no civil rights charges would be brought against Pantaleo, a new round of rallies, protests, and criticism set off, much of it aimed at de Blasio for not pursuing Pantaleo's dismissal from the police force soon after Garner's July 2014 death. Both de Blasio and then-NYPD Commissioner Bill Bratton quickly criticized Pantaleo's actions and noted he appeared to use a chokehold banned by the department, but they delayed any city action to await the results of a Staten Island grand jury, which returned no indictment in December 2014, and federal investigation, which stalled for years until this past week. The mayor said this past week that it was a mistake to wait.

An NYPD administrative trial of Pantaleo took place earlier this year after the Department of Justice had given the city the go-ahead, and NYPD Commissioner James O'Neill is waiting for the NYPD judge's recommendations, which will lead to a decision by O'Neill about any punishment for Pantaleo. In recent days de Blasio has guaranteed that a decision will be made in August.

As he's facing intense criticism on the Garner/Pantaleo matter, de Blasio received news this past week that he'll be on stage July 31 for the second Democratic primary debate in the presidential race. This time he's on the second of the two-night event and he'll share the stage with former Vice President Joe Biden, Senators Kamala Harris, Cory Booker, Kirsten Gillibrand, and others.

Speaking of the MTA: amid a proposed reorganization plan recently submitted by consultants as mandated under state law, the Friday night outage, Governor Andrew Cuomo's attention on fare evasion and homelessness in the subways and buses, and more, the MTA Board will have its monthly meeting this week.

It's also a busy week for the City Council, with several interesting committee hearings and a full-body stated meeting, where the Council passes bills that have moved through committee and Council members introduce new legislation. And, the 2019 New York City Charter Revision Commission appears set to this week make its final decisions on what proposals for changes to city elections and governance will go before voters in November and how they will be worded and grouped on the ballot.

There are a variety of events to be aware of this week -- see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:

Monday
At the City Council on Monday:
-At 11:30 a.m., the Committee on Small Business will meet to discuss five bills. Among them are one bill to define “microbusinesses” as businesses with between one and nine employees; another to require the Department of Small Business to assess the state of small businesses every three years; and a third “to provide small businesses with training and education related to business operations, marketing, and regulatory compliance.”
-At 12 p.m., the Committee on General Welfare will meet to discuss a resolution concerning the Administration for Children’s Services “finding that a person’s mere possession or use of marijuana does not by itself create an imminent risk of harm to a child, warranting the child’s removal.”
-At 12:30 p.m., the Committee on Transportation will meet to discuss four bills relating to school parking during the summer, illegible street signs, a new pilot program allowing pet harbors outside of commercial establishments, and pedestrian crossing signals for cyclists.
-At 1 p.m., the Committee on Oversight and Investigations and the Committee on Housing and Buildings will hold an oversight hearing on “the third party transfer system in modern day New York.” At noon at City Hall, Council Member Robert Cornegy Jr., who chairs the housing and buildings committee, “will lead a rally to address advocates, stakeholders, and the press.”
-At 3 p.m., the Committee on Civil Service and Labor will meet to discuss the resolution “Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act,” currently in the United States Congress.

Mayor de Blasio will give a briefing on Brooklyn power outages on Monday morning.

Between 8:30 a.m. and 3:30 p.m. Monday, the Metropolitan Transit Authority (MTA) will hold a series of committee meetings on buses, the Long Island Railroad, and other topics.

At 9:30 a.m. Monday, Public Advocate Jumaane Williams will attend a housing court case with Flatbush Tenant Coalition and displaced tenants from a fire-damaged apartment building. At 1 p.m., Williams will attend the City Council hearing on the Third Party Transfer Program. At 5 p.m., Williams will attend the 'Paro Nacional' Solidarity Rally in Columbus Circle. And at 7:15 p.m., Williams will speak at the Public Power Town Hall being hosted by Council Member Costa Constantinides on the proposed Con Edison rate hikes and the future of renewable energy in NYC.

At 10:30 a.m. Monday, Governor Cuomo will appear on WAMC radio's Roundtable with Alan Chartock.

At 11 a.m. Monday, Lieutenant Governor Kathy Hochul will announce the completion of restoration effort at Darwin Martin House, Frank Lloyd Wright's Martin House Complex, Buffalo.

At 3 p.m. Monday, Congressional Rep. Adriano Espaillat will host a grand opening of his new Washington Heights district office at 720 W. 181st Street. 

At 5 p.m. on Monday, City Council Member Stephen Levin will hold a press conference “to fight to preserve 227 Duffield St., also known as Abolitionist Place. Advocates are calling on the Landmarks Preservation Commission to immediately review 227 Duffield Street for landmark status and stay the demolition order.”

Mayor de Blasio will appear on NY1's Inside City Hall in the 7 and 11 p.m. hours on Monday.

Tuesday, July 23
At the City Council on Tuesday:
-At 10 a.m., the Committee on Finance will meet to discuss a resolution “approving the new designation and changes in the designation of certain organizations to receive funding in the Expense Budget.”
-At 10:30 a.m., the Committee on Parks and Recreation will meet to discuss a bill co-naming 86 thoroughfares and public places.
-At 1:30 p.m. in the Council Chambers, the City Council will hold a stated meeting at which bills that have been voted through committee are passed by the full Council and new bills are introduced. It will be preceded, as usual, by a pre-stated press conference led by Council Speaker Corey Johnson.

At 10 a.m. Tuesday, the New York City Board of Standards and Appeals will hold a public hearing on cases in all five boroughs.

At 10:30 a.m. Tuesday in Albany, the Joint Commission on Public Ethics will hold a commission meeting, discussing the search for an executive director and other business.

At 3:30 p.m. Tuesday at City Hall, Borough President Gale Brewer will host a meeting of the Manhattan Borough Board.

At 6:45 p.m. Tuesday, Riders Alliance will hold a meeting on the Bronx Bus Network Redesign. The meeting will discuss “what is in the plan, what's not in the plan, and how to keep up the momentum to win #betterbuses for the Bronx Bus Riders.”

At 7 p.m. Tuesday, the Episcopal Diocese of New York’s Task Force Against Human Trafficking will host a conversation about Bill A.8230/S.6419, which is aimed at decriminalizing sex work in New York State. The panel conversation will be followed by “a response panel of state and city legislators.”  

Wednesday, July 24
At 9 a.m. Wednesday, the Metropolitan Transit Authority (MTA) will hold its monthly board meeting, preceded at 8:30 a.m. by a safety meeting.

At 1 p.m. Wednesday at Riverside Church, 32BJ SEIU will hold a memorial service for late leader Héctor Figueroa, who died unexpectedly on July 11. “All are welcome to mourn and celebrate Héctor's life as we move forward.”

From 5-6 p.m. Wednesday on WBAI radio, this week's Max & Murphy show will air; 99.5FM or wbai.org.

At 6 p.m. Wednesday in the City Council Chambers, the 2019 Charter Revision Commission will hold a public meeting to “consider proposals for revisions to the New York City Charter for presentation to the voters.” [Read: 2019 Charter Revision Commission Moves 20 Proposals Toward November Ballot]

Also at 6 p.m. Wednesday in Queens Borough Hall, Queens Borough President Melinda Katz will host a Jamaican Independence Day Celebration.

Thursday, July 25
At 12 p.m. Thursday in Albany, the New York State Board of Elections will hold a commissioners meeting.

At 6:30 p.m. Thursday, several politicians representing lower Manhattan will hold a housing forum on rent regulation, tenant stability, and the passing of affordable housing protections at NYU Dental. In attendance will be Manhattan Borough President Gale Brewer; Congressional Rep. Carolyn Maloney; State Senators Brad Hoylman, Brian Kavanagh, and Liz Krueger; City Council Members Ben Kallos, Keith Powers, and Carlina Rivera; and Assembly Members Harvey Epstein, Deborah Glick, Dick Gottfried, Yuh-Line Niou, and Dan Quart. 

Also at 6:30 p.m. Thursday at the Gold Bar in Albany, City & State NY will host its 2019 Albany 40 Under 40 Rising Stars honoring “40 of New York's most prominent and accomplished leaders in government, business and media under the age of 40 who continue to make a positive impact on New York through their achievements, leadership abilities, philanthropic efforts and dedication to the betterment of the state.” Speakers will include State Senator Julia Salazar and advisor to Governor Cuomo Richard Azzopardi.

Friday, July 26
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show on Friday at 10 a.m.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Joey Fox and Ben Max
@GothamGazette

Max & Murphy Podcast: Transit Organizing & the Future of the MTA


speaker cojo

(photo: John McCarten/City Council)


July 17, 2019 - Max & Murphy Podcast: Transit Organizing & the Future of the MTA

john raskin wbaiJohn Raskin, founder and executive director of Riders Alliance, a transit advocacy group, joined the show to discuss his organizing work over the past seven years and the future of the MTA as he plans to depart the nonprofit after several major wins, including Fair Fares, congestion pricing, and the broader era of renewed attention on saving the subways and buses.

Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy," and listen to Max & Murphy live on Wednesdays at 5 p.m. on WBAI radio, 99.5FM or wbai.org

***
by Ben Max, Gotham Gazette
     

Read more by this writer.

Campaigning for Congress, Torres Touts City Funding Secured for Development Outside Council District


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Council Member Ritchie Torres (photo: Jeff Reed/City Council)


Bronx City Council Member Ritchie Torres is touting $3 million in city funding he secured for a residential complex that falls outside the Council district he represents, but within the Congressional district where he’s seeking votes.

The money will go to Concourse Village, Inc., a nearly 1,900-unit housing cooperative located in the south Bronx, over a mile away from the border of Torres’ district. The second-term Democratic Council member is running for Congress in the primary that will be held in June of next year.

Torres sent a campaign text message announcing the “great news,” using the funding allocation he secured as a member of the City Council to advance his congressional campaign, apparently targeting voters in Concourse Village.

"This is Council Member Ritchie Torres, running to be your next Congressman,” read a text message shared with Gotham Gazette. “GREAT NEWS: In the latest NYC budget, I secured $3 MILLION for Concourse Village.” The message went on to tell the recipient not to hesitate to reach out to Torres, providing a phone number, and concluded, “You can always count on me to fight for the Bronx. - Ritchie".

The youngest member of the City Council and the first openly gay elected official from the Bronx, Torres officially announced his candidacy for Congress on Monday, though he has been exploring a run for months. He joins several other Democrats vying for the seat opened by incumbent Representative José E. Serrano, who announced in March he would not seek reelection because of health concerns related to Parkinson’s disease. Representing the district in Congress since 1990, Serrano’s current term will end at the end of next year. Torres, who has been representing the 15th Council District since 2014, is not eligible to run for reelection in 2021 because of two-term limits. (Serrano’s Congressional district also happens to be the 15th.)

Others in the race include City Council Member Ruben Diaz, Sr. and Assemblymember Michael Blake.

Taking advantage of the authority and influence of elected office to secure popular measures that can later be used as campaign fodder is commonplace in New York, where local politics is often a stepping stone to higher office. But the grey area around promoting public interest and political aspirations becomes less ambiguous when the sway of an elected office goes to benefit another district entirely, with electoral goals at play.

"How do you rationalize using campaign funds to communicate with people outside your district to tell them that you got them money blatantly for the purpose of trying to curry political favor?" said Blake, whose district includes Concourse Village.

Torres says the budget allocation for what he calls the largest concentration of cooperative housing in the South Bronx is consistent with his focus on affordable housing, especially for African-Americans. So is the political campaigning that followed.

“I have been an advocate for affordable housing not only in my district but throughout the city,” Torres told Gotham Gazette. Concourse Village “has an outsized presence in the housing stock of the South Bronx, which is keeping with my record and reputation for advocating for affordable housing.”

“I think of cooperative housing like Concourse Village as the bedrock of the African-American middle class, you know, whether it’s Co-op City in the East Bronx or Concourse Village in the South Bronx,” Torres, who is black and Latino, said. Black voters in the 15th Congressional District are expected to be an important part of the primary vote. Blake is African-American and Torres is African-American and Latino.

Concourse Village, Inc. is subsidized under the Mitchell-Lama housing program, which offers income-restricted rentals and below-market value buy-in for co-ops, a boon for affordable housing.

The neighborhoods comprising the South Bronx are home to some of the worst poverty in the country and also have some of the highest rates of rent burden in the city. In the community district that includes Concourse Village, more than half of households are rent burdened, meaning they spend more than 35 percent of income on rent, according to the Department of City Planning.

Torres, who grew up in NYCHA public housing and chaired the Committee on Public Housing during his first term, has made the living conditions of the city’s most underserved residents a signature priority.

He notes the $3 million allocation did not come from the capital funding dedicated to his Council district, but from the city-wide pool controlled by Speaker Corey Johnson. Torres told Gotham Gazette, “if it had come from the Council District 15 pot then there is cause for controversy, but there is nothing unusual about funding for Concourse Village from a city-wide pot.”

“And since I had a role in securing the funds, it’s natural for me to take credit,” he added.

Each fiscal year the City Council is given a capital budget from which Council members may apply to allocate funds, according to Jonathan Rosenberg of the Independent Budget Office. Individual members can apply for district-specific projects, and borough delegations can sponsor projects that span multiple districts. The Council speaker ultimately decides how that money is disbursed and can also allocate it to city-wide projects.

In recent years, speakers have designated an equal amount of capital funding, $5 million, to each of the 51 Council members with the remainder of the now $655 million capital budget going to a city fund. City-wide allocations are controlled by the speaker and might go toward large or expansive projects like street reconstruction, according to Rosenberg, and members are able to put in requests.

“This money was funded by the City Council Speaker at the request of Council Member Torres,” said a Council spokesperson. The spokesperson said it’s not unprecedented for members to seek funding for a project outside their district, adding that the money is from the city capital funding, not the money set aside for Torres’ Council District 15.

Torres has also secured funding for cooperative housing in his district using the money designated specifically for that purpose by the Council leadership. This year, he put roughly $1 million of the $5 million towards renovationing a Mitchell-Lama co-op, known as Dennis Lane Apartments, in the heart of District 15.

Concourse Village is located south of Torres’ district off of Morris Ave. within the borders of Council District 16, represented by Vanessa Gibson. Gibson, a Democrat, is not listed among the sponsors of the $3 million Concourse Village, Inc. allocation, despite the project falling into her district. “I actually was not even made aware of this allocation until the day of adoption,” she said in a phone interview.

“I did not have the opportunity to work with the speaker nor Ritchie on this. It was something that Ritchie had done on his own, but I am grateful for the attention Concourse Village is getting in the budget,” she said.

“I get the strategic way that Ritchie is obviously looking at the future. This was a development that came up among the priorities within the district, and I truly believe that that was the logic behind it,” she added.

But Blake called foul on that strategic approach. “It is difficult to say that you want to be a fresh voice in Congress when you are directly trying to communicate to people that you want to pay for their vote," he said.

“I’m proud of the role that I played in securing the funds. Concourse Village is one of the most important housing developments in the Bronx and in the city,” Torres said. “And it’s been a stabilizing force for communities of color, for middle-class communities of color. That’s why I felt so strongly about it.”

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette      

Read more by this writer.

Queens DA Recount Begins; MTA Reorganization Report Evaluation; & More: The Week Ahead in New York Politics, July 15


New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week begins with New York's labor and political communities mourning the unexpected death of 32BJ SEIU President Héctor Figueroa, who passed suddently on Thursday night at 57 years old. Figueroa was widely respected as a champion for workers' rights and his compassion, honesty, transparency, and more.

The counting in the Queens District Attorney Democratic primary recount is set to begin on Monday. Based on the counting done to this point, Queens Borough President Melinda Katz was up by 16 votes on public defender Tiffany Cabán, who has been pushing to have many affidavit ballots counted. The recount will include more than 90,000 ballots, including some that voters filled out but were not read by machine scanners for whatever reason. There remains the question of more than 100 affidavit ballots that the Board of Elections initially threw out, but the Cabán campaign has sued to reinstate. A judge decided to hold off on ruling in the matter until later in the recount process given that the manual recount was about to begin. The recount is expected to take between one and three weeks.

Also as the week begins, it is unclear if there will be much, if any, additional fallout from the blackout that hit parts of Manhattan for several hours on Saturday and how it spotlighted Mayor Bill de Blasio's out of town travel for his presidential campaign. Con Edison restored the power relatively quickly, though many peope were without air conditioning for hours on a hot summer day, some were trapped in elevators, and other hardships were endured. The mayor cut short his campaign swing through Iowa (after he spoke in Wisconsin on Friday he had a full day of events in Iowa on Saturday, with more planned for Sunday), returning home on Sunday to further examine what had gone wrong and brief the public during a press conference on Sunday afternoon.

De Blasio was also facing scrutiny for leaving town amid announced raids by federal immigration officials (ICE) that, at least through Sunday evening, appeared far less sweeping than expected. The mayor's immigrant affairs commissioner and other city officials held a press conference on Saturday to help warn New Yorkers about the raids and publicize "know your rights" materials and advice for how immigrant families should handle interactions with ICE. In both the blackout reaction and ICE preparation, City Council Speaker Corey Johnson took far more public leadership than de Blasio, provoking additional comments that Johnson is the city's de facto leader as de Blasio runs for president. Governor Andrew Cuomo also jumped into action, and raised questions about de Blasio's absence from the city.

Speaking of de Blasio's presidential bid, the mayor's first fundraising numbers for the effort are expected to be posted by law this week. It will be the first insight into how de Blasio's fundraising is going since entering the campaign a couple of months ago. Beyond the raw numbers, many will be watching for how much of de Blasio's funding is coming from those with interest in city business, and who exactly is giving to the mayor's national campaign. The fundraising numbers will in part dictate whether de Blasio makes the second primary debate, which is scheduled over two nights on July 30 and 31 in Detroit.

In the background of that campaign is also the issue of police reform, a topic de Blasio has again thrust to the forefront of his electoral efforts, but where questions remain. The NYPD administrative trial for Officer Daniel Pantaleo in the 2014 death of Eric Garner ended a couple of weeks ago, and many are waiting to see the outcome of the case -- what the judge has ruled and recommended for punishment (if anything), and how Commissioner James O'Neill, who holds final say over discipline matters in such trials, will handle the situation. The outcome will have significant implications for de Blasio's mayoralty and possibly for his presidential campaign. Wednesday is the fifth anniversary of Garner's July 17, 2014 death.

Also this week, we're watching for further discussion and developments related to the MTA, NYCHA, and the plan to close Rikers Island jails and replace some of its jail capacity with new or rehabbed facilities in the four boroughs other than Staten Island. The land-use review process for the city's plan is well underway, with the City Planning Commission holding a public hearing last week. As for the MTA: late in the day on Friday, the transit authority released "a preliminary report of its transformation plan as part of widespread reforms passed in the State Budget in April. The recommendations for this historic reorganization – the first in the MTA’s 51-year history – were made following an extensive evaluation process conducted by AlixPartners, and will prepare the agency to dramatically improve service, end project delays and cost overruns, and finally establish the modern system customers deserve." Evaluations of that plan from advocates and elected officials are expected this week.

There are a variety of events to be aware of this week -- see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
Mayor de Blasio's lone public event scheduled for Monday is his weekly appearance on NY1's Inside City Hall with host Errol Louis, in the 7 and 11 p.m. hours.

Beginning at 9 a.m. Monday in Albany, the New York State Board of Regents will hold a meeting.

The Queens District Attorney Democratic primary recount will begin in earnest on Monday, and is expected to take at least a week, probably closer to two or more. Queens Borough President Melinda Katz holds a 16 vote lead over public defender Tiffany Cabán as ballots are set to be recounted, with some newly-counted ballots added to the mix.

On Monday at 9:30 a.m. outside the ballot review site in Middle Village, Queens, “elected officials will host a press conference prior to the start of the ballot count in the county District Attorney race. Joined by Cabán campaign attorney Jerry Goldfeder, elected officials will explain the recount process and highlight the need to count every ballot cast by eligible and legitimate Queens Democratic voters.” Along with Goldfeder, expected or possible speakers include Cabán supporters Comptroller Scott Stringer; Senators James Sanders, Jessica Ramos, and Mike Gianaris; Assemblymember Ron Kim; City Council Members Antonio Reynoso and Jimmy Van Bramer.

On Monday at 9:30 a.m. at Ground Zero in Manhattan, “Congresswoman Carolyn B. Maloney (D-NY) will join with New York Senator Chuck Schumer, Congressman Jerrold Nadler (D-NY), and 9/11 first responders and health and compensation advocates to celebrate overwhelming House passage of H.R. 1327: Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act and call on the Senate and Leader McConnell to pass this bill as quickly as possible. The final vote on the bill was 402-12.”

At noon Monday, “Amazon Prime Day, a large coalition of community, immigration, and labor groups will go to Jeff Bezos’ new $80 million dollar Manhattan home at 212 Fifth Avenue to deliver more than 250,000 petitions calling on Amazon to cut ties with ICE and end abusive working conditions in its warehouses. The New York City petition delivery and protest are part of a national day of action against Amazon on Prime Day, with protests over Amazon’s ties to ICE and mistreatment of workers happening around the country Monday. These events come amid growing outrage over Amazon’s role in providing essential technological infrastructure to ICE as the Trump administration continues to threaten mass deportations and put children in cages and concentration camps. Amazon also faces mounting public pressure to improve how it treats its warehouse workers. The online retail giant is set to testify before the U.S. House Anti-Trust Committee on Tuesday.” A long list of activist groups are leading the protest.

At 5 p.m. Monday, City Council Member Chaim Deutsch and NYPD Commissioner James O’Neill will hold a street co-naming ceremony for slain police officer Leon Fox, killed on duty in 1941.

At 6:30 p.m. on Monday, Queens Borough President Melinda Katz will host a Dominican Heritage celebration at Queens Borough Hall.

Tuesday, July 16
At the City Council on Tuesday:
-At 9:30 a.m., the Subcommittee on Zoning and Franchises will meet to discuss four land use applications from Queens, Brooklyn, and Manhattan.
-At 1 p.m., the Subcommittee on Landmarks, Public Siting and Maritime Uses will meet to discuss two land use applications on landmarks in the Bronx and Manhattan.

At 8 a.m. Tuesday, the New York State Board of Regents will meet for an executive session.

At 9 a.m. Tuesday, the New York City Industrial Development Agency will hold a Board of Directors meeting. 

At 10 a.m. Tuesday, the New York City Board of Standards and Appeals will hold a public hearing relating to developments in all five boroughs.

At 6:30 p.m. Tuesday at the Museum of Jewish Heritage, City & State NY will host its 2019 Manhattan Power 100 celebrating Manhattan power players, “gathering top brass from government relations, media, business and beyond for a networking opportunity you do not want to miss.” Speakers will include Borough President Gale Brewer; former City Council Speaker Christine Quinn, now CEO of WIN; and Sheena Wright, President and CEO of United Way of New York City. 

Wednesday, July 17
At 11 a.m. Wednesday outside of Grand Central Terminal, Riders Alliance and state legislators will hold a rally to demand that the next MTA five-year capital plan include funding for subway signals, train cars, and station elevators. 

At 12 p.m. Wednesday, the New York Building Congress will host a committee meeting on energy and sustainability, featuring state Senator Kevin Parker (event is invite-only). 

At 5 p.m. Wednesday, this week’s Max & Murphy show will air on WBAI radio, 99.5FM and wbai.org, featuring Riders Alliance founder and executive director John Raskin on key transit issues facing New Yorkers and a separate discussion of how the de Blasio administration is handling manufacturing and industrial space in the city.

At 6 p.m. Wednesday, Manhattan Borough President Gale Brewer is hosting a public hearing on the East Side Coastal Resiliency Project aimed at “fortifying Manhattan’s coastline between Montgomery and 25th Streets from coastal flooding while making the waterfront more accessible to the public.” The plan will be presented by the NYC Department of Design and Construction, and will be followed by an opportunity for public testimony. The event will take place at Mt. Sinai Beth Israel. 

Also at 6 p.m. on Wednesday, Reboot Democracy will host a discussion on the “development of tools that will strengthen our democratic system.”

Thursday, July 18
At the City Council on Thursday:
-At 10:30 a.m., the Subcommittee on Zoning and Franchises will meet to discuss the Kissena Center Rezoning in Queens.
-At 11 a.m., the Committee on Land Use will meet.
-At 1 p.m., the Committee on Rules, Privileges and Elections will hold an appointment hearing on Jeffrey Roth, the newly-nominated head of the Taxi & Limousine Commission.

At 10 a.m.,, the NYC Campaign Finance Board will hold a board meeting.

Friday, July 19
At 10 a.m. on Friday, Mayor Bill de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Joey Fox and Ben Max
@GothamGazette



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