Regular Session - April 7, 1997

                                                                 
2361

         1

         2

         3

         4

         5

         6

         7

         8                       ALBANY, NEW YORK

         9                         April 7, 1997

        10                          3:10 p.m.

        11

        12

        13                       REGULAR SESSION

        14

        15

        16

        17       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        18       STEPHEN F. SLOAN, Secretary

        19

        20

        21

        22

        23

        24

        25







                                                             
2362

         1                      P R O C E E D I N G S

         2                      THE PRESIDENT:  The Senate will

         3       come to order.  Would everyone please rise and

         4       join with me in the Pledge of Allegiance.

         5                      (The assemblage repeated the

         6       Pledge of Allegiance to the Flag.)

         7                      The invocation today will be

         8       given by Reverend Arlene Beechert-Hood, First

         9       United Methodist Church in Coxsackie.

        10                      Reverend Beechert-Hood.

        11                      REVEREND ARLENE BEECHERT-HOOD:

        12       Could we unite our hearts before God.  Great and

        13       wondrous God, creator of all people and source

        14       of all strength and hope for all humanity, we

        15       thank You for the gift of this new day and the

        16       possibilities and opportunities that You have

        17       placed before us.

        18                      We come to You at the beginning

        19       of this session of the Senate and we celebrate

        20       Your continued presence here with us as we

        21       accept the tasks that You have entrusted to us.

        22                      We ask that you would guide the

        23       women and the men of this Senate for our state,

        24       that Your wisdom might influence their work,

        25       that Your peace and harmony might influence







                                                             
2363

         1       their discussions and that Your sense of justice

         2       and righteousness might influence all their

         3       decisions.

         4                      Help us, O God, to never forget

         5       that all that we have and all that we do is

         6       possible only because of You.  Let us never

         7       forget the traditions and the experience of our

         8       past, that we might build upon the strong

         9       foundation that has been handed over to us.

        10                      Empower our Senate with Your

        11       guidance that we all might look forward together

        12       towards the future with enthusiasm and with hope

        13       and do all in our power to preserve and protect

        14       the welfare and wholeness of creation and of all

        15       Your children.

        16                      Encourage us that we might work

        17       together across all the lines that separate and

        18       divide, those things that block harmony and

        19       unity and those things that continue to keep us

        20       apart, so that what is accomplished here might

        21       be for the benefit of all in this great and

        22       wonderful state.

        23                      Continue, O God, to be the source

        24       of support, of wisdom and of guidance necessary

        25       for the work of this body, that the work that is







                                                             
2364

         1       done here might be acceptable in Your sight, now

         2       and always.  Amen.

         3                      THE PRESIDENT:  Amen.

         4                      The reading of the Journal,

         5       please.

         6                      THE SECRETARY:  In Senate,

         7       Friday, April 4th.  The Senate met pursuant to

         8       adjournment.  The Journal of Thursday, April

         9       3rd, was read and approved.  On motion, the

        10       Senate adjourned.

        11                      THE PRESIDENT:  Without

        12       objection, the Journal stands approved as read.

        13                      Messages from the Assembly.

        14                      Messages from the Governor.

        15                      Reports of standing committees.

        16                      The Secretary will read.

        17                      THE SECRETARY:  Senator Leibell,

        18       from the Committee on Housing, Construction and

        19       Community Development, offers up the following

        20       bills:

        21                      Senate Print 403, by Senator

        22       Maziarz, an act to amend the Executive Law, in

        23       relation to requiring the use of child-proof

        24       locks;

        25                      2857, by Senator Leibell, an act







                                                             
2365

         1       to amend the Private Housing Finance Law, in

         2       relation to providing authority for the New York

         3       City Residential Mortgage Insurance Corporation;

         4                      2860, by Senator Leibell, an act

         5       to amend the Private Housing Finance Law, in

         6       relation to extending the period of repayment;

         7                      2915, with amendments, by Senator

         8       Leibell, an act to amend the Public Housing Law;

         9                      3092, by Senator Seward, an act

        10       to amend the Executive Law;

        11                      3467, by Senator Volker, an act

        12       to amend the Private Housing Finance Law;

        13                      3508, by Senator Leibell, an act

        14       to amend the Private Housing Finance Law;

        15                      3576, by Senator Leibell, an act

        16       to amend the Private Housing Finance Law;

        17                      3577, by Senator Leibell, an act

        18       to amend the Private Housing Finance Law, in

        19       relation to the definition of manufactured

        20       homes;

        21                      3580, by Senator Leibell, an act

        22       to amend the Private Housing Finance Law;

        23                      3604, by Senator Leibell, an act

        24       to amend the Executive Law, in relation to the

        25       Building Code Act;







                                                             
2366

         1                      3610, by Senator Leibell, an act

         2       to amend the Executive Law, in relation to

         3       providing for the commissioner;

         4                      3626, by Senator Leibell, an act

         5       to amend the Executive Law, in relation to

         6       allowing designees;

         7                      3930, by Senator Leibell, an act

         8       to amend the Private Housing Finance Law, in

         9       relation to participation loans to owners.

        10                      THE PRESIDENT:  All bills direct

        11       to third reading.

        12                      The Secretary will read.

        13                      THE SECRETARY:  Senator Nozzolio,

        14       from the Committee on Crime Victims, offers up

        15       the following bill:

        16                      By Senator Gold, 1579-B, an act

        17       to amend the Executive Law, in relation to the

        18       definition of profits from the crime.

        19                      THE PRESIDENT:  All bills direct

        20       to third reading.

        21                      Reports of select committees.

        22                      Communications and reports from

        23       state officers.

        24                      Motions and resolutions.

        25                      Senator Johnson.







                                                             
2367

         1                      SENATOR JOHNSON:  Madam

         2       President, please remove the sponsor's star from

         3       Calendar Number 307, Print Number 2584-A.

         4                      THE PRESIDENT:  So ordered.  We

         5       have two substitutions at the desk.

         6                      The Secretary will read.

         7                      THE SECRETARY:  Senator Stafford

         8       moves to discharge from the Committee on Finance

         9       Assembly Bill Number 4508 and substitute it for

        10       the identical Senate Bill 488.

        11                      Senator Tully moves to discharge

        12       from the Committee on Health Assembly Bill 205-A

        13       and substitute it for the identical Senate Bill

        14       Calendar Number 490.

        15                      THE PRESIDENT:  So ordered.

        16                      Senator Bruno.

        17                      SENATOR BRUNO:  Madam President,

        18       can we at this time take up the non

        19       controversial calendar.

        20                      THE PRESIDENT:  The Secretary

        21       will read.

        22                      THE SECRETARY:  Calendar Number

        23       84, by member of the Assembly Weisenberg,

        24       Assembly Print 356, an act to amend the

        25       Insurance Law, in relation to the reduction of







                                                             
2368

         1       homeowners insurance rates.

         2                      THE PRESIDENT:  Read the last

         3       section, please.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      THE PRESIDENT:  Call the roll.

         7                      (The Secretary called the roll.)

         8                      THE SECRETARY:  Ayes 54.

         9                      THE PRESIDENT:  The bill is

        10       passed.

        11                      THE SECRETARY:  Calendar Number

        12       121, by Senator Nozzolio, Senate Print 117, an

        13       act to amend the Cooperative Corporations Law,

        14       in relation to the annual license fee.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect on the first day of

        19       January.

        20                      THE PRESIDENT:  Call the roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 54.

        23                      THE PRESIDENT:  The bill is

        24       passed.

        25                      THE SECRETARY:  Calendar Number







                                                             
2369

         1       260, by Senator Lack, Senate Print 2997-A,

         2       concurrent resolution of the Senate and

         3       Assembly, proposing an amendment to Article VI

         4       of the Constitution.

         5                      THE SECRETARY:  Read the last

         6       section, please -- call the roll.

         7                      (The Secretary called the roll.)

         8                      THE SECRETARY:  Ayes 54.

         9                      THE PRESIDENT:  The resolution is

        10       adopted.

        11                      THE SECRETARY:  Calendar Number

        12       274, by Senator Larkin, Senate Print 2309-A, an

        13       act to amend the General Municipal Law, in

        14       relation to environmental facilities.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      THE PRESIDENT:  Call the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 54.

        22                      THE PRESIDENT:  The bill is

        23       passed.

        24                      THE SECRETARY:  Calendar Number

        25       305, by Senator Saland, Senate Print 493, an act







                                                             
2370

         1       to amend the Social Services Law, in relation to

         2       concurrent kinship adoption.

         3                      THE PRESIDENT:  Read the last

         4       section, please.

         5                      THE SECRETARY:  Section 4.  This

         6       act shall take effect immediately.

         7                      THE PRESIDENT:  Call the roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 54.

        10                      THE PRESIDENT:  The bill is

        11       passed.

        12                      THE SECRETARY:  Calendar Number

        13       315, by Senator Cook, Senate Print 1477, an act

        14       to amend the Tax Law, in relation to extending

        15       the authorization granted to the county of

        16       Ulster.

        17                      THE PRESIDENT:  Read the last

        18       section, please.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      THE PRESIDENT:  Call the roll.

        22                      (The Secretary called the roll.)

        23                      THE PRESIDENT:  The bill is

        24       passed.

        25                      THE SECRETARY:  Those recorded in







                                                             
2371

         1       the negative on Calendar Number 315 are Senators

         2       Dollinger and Senator Gentile.  Ayes 53, nays 2.

         3                      THE PRESIDENT:  The bill is

         4       passed.

         5                      THE SECRETARY:  Calendar Number

         6       356, by Senator Cook, Senate Print 2649, an act

         7       to amend the General Municipal Law, in relation

         8       to the intergovernmental coordination of certain

         9       municipal zoning.

        10                      THE PRESIDENT:  Read the last

        11       section, please.

        12                      THE SECRETARY:  Section 4.  This

        13       act shall take effect on the same date as a

        14       chapter of the laws of 1997.

        15                      THE PRESIDENT:  Call the roll.

        16                      (The Secretary called the roll.)

        17                      THE SECRETARY:  Ayes 55.

        18                      THE PRESIDENT:  The bill is

        19       passed.

        20                      THE SECRETARY:  Calendar Number

        21       358, by Senator Marcellino, Senate Print 2898,

        22       an act to amend the General Municipal Law, in

        23       relation to making certain technical

        24       corrections.

        25                      THE PRESIDENT:  Read the last







                                                             
2372

         1       section, please.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect on the same date in the

         4       same manner as Chapter 19 of the Laws of 1996.

         5                      THE PRESIDENT:  Call the roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 55.

         8                      THE PRESIDENT:  The bill is

         9       passed.

        10                      THE SECRETARY:  Calendar Number

        11       361, by Senator Johnson, Senate Print 242, an

        12       act to amend the State Finance Law, in relation

        13       to allocations from the State Police motor

        14       vehicle enforcement account.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      THE PRESIDENT:  Call the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 55.

        22                      THE PRESIDENT:  The bill is

        23       passed.

        24                      THE SECRETARY:  Calendar Number

        25       399, by Senator Seward, Senate Print 3096, an







                                                             
2373

         1       act to amend the Tax Law, in relation to

         2       extending the expiration of provisions.

         3                      THE PRESIDENT:  Read the last

         4       section, please.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      THE PRESIDENT:  Call the roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 53, nays 2,

        10       Senators Dollinger and Gentile recorded in the

        11       negative.

        12                      THE PRESIDENT:  The bill is

        13       passed.

        14                      THE SECRETARY:  Calendar Number

        15       400, by Senator Nozzolio, Senate Print 3161, an

        16       act to amend the Tax Law, in relation to

        17       extending the sale tax in the county of Cayuga.

        18                      THE PRESIDENT:  Read the last

        19       section, please.

        20                      THE SECRETARY:  Section 3.  This

        21       act shall take effect immediately.

        22                      THE PRESIDENT:  Call the roll.

        23                      (The Secretary called the roll.)

        24                      THE SECRETARY:  Ayes 53, nays 2,

        25       Senators Dollinger and Gentile recorded in the







                                                             
2374

         1       negative.

         2                      THE PRESIDENT:  The bill is

         3       passed.

         4                      THE SECRETARY:  Calendar Number

         5       405, by Senator Alesi, Senate Print 3525, an act

         6       to amend the General Municipal Law, in relation

         7       to collect and international telephone services.

         8                      THE PRESIDENT:  Read the last

         9       section, please.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      THE PRESIDENT:  Call the roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 55.

        15                      THE PRESIDENT:  The bill is

        16       passed.

        17                      THE SECRETARY:  Calendar Number

        18       430, by Senator Tully, Senate Print 2843, an act

        19       to amend the Nassau Civil Divisions Act, in

        20       relation to the officers of the Port Washington

        21       Exempt Firemen's Benevolent Association.

        22                      THE PRESIDENT:  Read the last

        23       section, please.

        24                      THE SECRETARY:  Section 2.  This

        25       act shall take effect on the first day of







                                                             
2375

         1       January.

         2                      THE PRESIDENT:  Call the roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 55.

         5                      THE PRESIDENT:  The bill is

         6       passed.

         7                      That completes the non

         8       controversial calendar, Senator Bruno.

         9                      SENATOR BRUNO:  Madam President,

        10       can we now go to the regular order of business.

        11                      THE PRESIDENT:  Senator Bruno,

        12       that completes the controversial calendar and

        13       non-controversial calendar.

        14                      SENATOR BRUNO:  Thank you, Madam

        15       President.

        16                      Can we now take up motions to

        17       discharge.

        18                      THE PRESIDENT:  Motions to

        19       discharge.

        20                      Senator Connor.

        21                      SENATOR CONNOR:  Thank you, Madam

        22       President.

        23                      I call up my motion to discharge

        24       Senate Bill 3281.

        25                      THE PRESIDENT:  The Secretary







                                                             
2376

         1       will read.

         2                      THE SECRETARY:  By Senator

         3       Connor, Senate Print 3281, an act to amend the

         4       Emergency Housing Rent Control Law, amending

         5       Chapter 576 of the Laws of 1974.

         6                      SENATOR CONNOR:  Thank you, Madam

         7       President.

         8                      THE PRESIDENT:  Senator Connor.

         9                      SENATOR CONNOR:  Madam President,

        10       let me dispel one thing that I've heard on this

        11       floor many times and I've read in the newspapers

        12       and, frankly, that I believed until I read the

        13       form -- the form the Senate Journal Clerk gives

        14       out.

        15                      I've heard members stand and say,

        16       Oh, motion to discharge, it's just a procedural

        17       motion.  It's only procedure.  It just brings

        18       the bill out to the floor.  I used to think that

        19       and then I read what the Senate puts in the

        20       language and let me read that, Madam President.

        21                      It says the "Senator" -- that's

        22       me -- "moves to suspend Rule XI, Section 1,

        23       rules of the Senate, for the purpose of reading,

        24       passing and transmitting to the Assembly out of

        25       its regular order the bill."  So I've learned







                                                             
2377

         1       something after all these years, Madam

         2       President.  It's not a procedural motion.  If it

         3       passes, the bill is passed and out of here and

         4       on its way to the Assembly and I know a number

         5       of my colleagues, I'm sure, will be happy that

         6       I've clarified that for them so they don't get

         7       confused and think this is merely a procedural

         8       vote.

         9                      This bill, Madam President, would

        10       extend the current rent regulations for four

        11       years.  Why do we need it, Madam President?  Why

        12       now?  Why today?  Well, the current laws -- the

        13       current laws expire, as Senator Bruno has

        14       reminded most of the citizenry of New York

        15       State, on June 15th and that would affect some

        16       two million tenants in New York State, and the

        17       purpose of bringing this, frankly, is so we

        18       legislate in a better way, so we legislate as I

        19       believe the Constitution intended us to

        20       legislate, and so we reject what has become all

        21       too prevalent here in Albany, all too prevalent

        22       in this house and in the way the Majority runs

        23       this house, and that is legislating by taking

        24       hostages.

        25                      Madam President, last year in







                                                             
2378

         1       June we stood here with -- we stood here with

         2       the galleries filled with loft tenants who were

         3       held hostage and now we're faced with the same

         4       spectacle, a statement -- and I'm sure made in

         5       all sincerity -- that unless we get changes, all

         6       the tenants will lose all their protection.

         7       We'll let this law expire, indeed, legislating

         8       by hostage, and I know -- I know.  Some reporter

         9       said to me yesterday, but hasn't the Majority

        10       Leader said, Well, certainly we're going to

        11       exempt the elderly and the poor, and my response

        12       is in every hostage situation, they usually let

        13       the women and children go at some point, but -

        14       (Applause)

        15                      THE PRESIDENT:  Order.  Let's

        16       show respect for all members by maintaining

        17       silence in the galleries, please.

        18                      SENATOR CONNOR:  Thank you, Madam

        19       President.

        20                      But that doesn't make it right to

        21       still hold hostages.

        22                      Now, I appreciate what Senator

        23       Bruno has said in the past -- well, not the

        24       statement about rent regulations being more

        25       devastating than a nuclear attack, but I







                                                             
2379

         1       certainly appreciate his belief that a free

         2       market -- a free market might work better, might

         3       be more efficient and economical.  It might

         4       reduce rents, but we haven't had a free market,

         5       Madam President, in over 60 years -- in 50 years

         6       in New York City and the surrounding areas and

         7       there is a chronic shortage of rental housing,

         8       and I certainly appreciate that perhaps there

         9       are changes we should envision in regulations or

        10       whatever at some time in the future to promote

        11       the creation of more rental housing because I

        12       would love to see something like what existed in

        13       the 30s when I remember being told by my

        14       father-in-law, Gee, back in the 30s we were

        15       poor.  We moved every year, not because we got

        16       evicted but because landlords would give a

        17       month's free rent if you signed a year's lease,

        18       but we don't have that now and we can wish all

        19       we want to go back in time.  It's just not that

        20       simple, and I respectfully suggest that if

        21       Senator Bruno wishes to make the case for a

        22       different system that somehow or other will

        23       produce the 100,000-plus rental opportunities

        24       that we need to begin to set a market -- indeed,

        25       we probably need 40- or 50,000 units a year







                                                             
2380

         1       coming on-line these days -- I'm willing to hear

         2       that.  Let's do it the way legislators -

         3       legislatures ought to operate.  Let's have

         4       hearings.  Let's hear from experts.  Let's hear

         5       from tenants.  Let's hear from landlords.  Let's

         6       hear from economists and let's convince the

         7       public, maybe there's a better way but let's not

         8       take hostages.

         9                      That's why, Madam President, I

        10       say extend the present law for four years.  Do

        11       all the studying and case making that anyone

        12       wishes during that time and maybe it will result

        13       in change and maybe it won't.  Maybe it will be

        14       better and maybe it won't, but I don't believe

        15       we ought to threaten the homes of two million

        16       tenants in New York State.  I think that's the

        17       wrong way to legislate, Madam President.

        18                      (Applause)

        19                      THE PRESIDENT:  Order -- order,

        20       please.  Let us show respect for the speakers by

        21       maintaining silence.

        22                      SENATOR CONNOR:  Thank you, Madam

        23       President.

        24                      I have here a letter from the

        25       housing director of the city of Cambridge,







                                                             
2381

         1       Massachusetts who recites what a disaster the

         2       ending of rent regulations has been and how

         3       they've had to try and place thousands of

         4       displaced tenants and how expensive that has

         5       been for the local government and how they

         6       failed to produce enough affordable units fast

         7       enough and maintain such units.  Anyone who

         8       thinks you can wave a magic wand on June 15th

         9       and go back to the good old days of the 1930s

        10       when there are enough apartments that tenants

        11       get a month free rent every year is, I'm afraid,

        12       engaging in the most blatant wishful thinking.

        13                      On a political level, Madam

        14       President -- and I have said this to the press

        15       and I'll say it here and no disrespect intended

        16       -- I understand that from some points of view

        17       in this state, things can seem pretty simple.

        18       Well, this issue is not simple for those

        19       residents of New York City, Westchester, Nassau

        20       and elsewhere where there are systems of rent

        21       regulation.  And how do we deal in other areas

        22       -- how do we deal with local knowledge, local

        23       conditions and the plain recognition of the fact

        24       that local elected officials and local residents

        25       have a better feel for the subtleties and







                                                             
2382

         1       intricacies of conditions in their areas?  How

         2       do we deal with that in other actions?

         3                      Well, I know what happens.  A

         4       Senator comes forward and says the town of so

         5       and so really needs this and the local people

         6       want it.  We accommodate that wish.

         7                      So why, Madam President, do we

         8       have members who represent areas where housing

         9       conditions are far, far different, where the

        10       housing market is much more open, competitive,

        11       cheaper, where there are no shortages.  Perhaps

        12       maybe there's very little rental housing to

        13       begin with.  People are fortunate enough in

        14       those areas in the state to own their homes at

        15       an affordable price.

        16                      Let's look at what the local

        17       people say.  I have here resolutions from towns

        18       and cities like Sleepy Hollow, Dobbs Ferry, the

        19       town of Greenburgh, Tarrytown, the city of

        20       Yonkers, Mount Vernon's local government.  New

        21       York City's City Council and mayor have spoken

        22       by resolution and in the press as well.  I have

        23       letters from borough presidents in New York

        24       City, all of whom express the need and support

        25       in those localities for continuing the present







                                                             
2383

         1       law.

         2                      Indeed, I have copies of

         3       statements from newspapers over the last three

         4       months from many members of this house, someone

         5       -- both sides of the aisle in favor of

         6       continuing the present system of rent

         7       regulation.

         8                      Why do I support this, Madam

         9       President?  Not because I'm in love with the

        10       government regulating everything but because I

        11       live in New York City and I understand what the

        12       housing market is like there.  I understand how

        13       complicated it is and one can go back and blame

        14       what everyone wants on the '40s and '50s, but we

        15       are where we are, Madam President.  We're here

        16       and now today.  We have a shortage of rental

        17       housing in New York City and no one can believe

        18       that in a year or two we can suddenly create so

        19       many new rental housing units for middle class

        20       and working people in New York City, that it

        21       will be a truly open competitive market where

        22       tenants have a choice, where tenants can bargain

        23       on an even keel with landlords.  It doesn't

        24       exist and we're a long way from it.

        25                      Now, I know we'll hear about some







                                                             
2384

         1       people who perhaps have rental units.  We always

         2       hear -- I remember last year when we were doing

         3       the Republican tax cuts here, we had some

         4       members talking about how we really had to give

         5       breaks to middle class families who made 150- to

         6       $200,000 a year and now I read about the rent

         7       regulations and these people are considered the

         8       super wealthy.  It seems to me you can't have it

         9       both ways, but the fact of the matter is that

        10       small -- we hear about that small portion and

        11       what do we do?  We have threats to end rent

        12       protections for everyone -- for everyone.

        13                      So I think the only reasonable

        14       way, Madam President, to proceed is let's get

        15       this behind us.  Let's get it behind us today.

        16       Let's get it out of this house and whatever some

        17       members of the Majority want to do about

        18       changing the future, fine.  Have a commission.

        19       Study it.  Get evidence.  Think of a better way

        20       to protect our tenants.  Think of a better way

        21       to create so much housing that people won't even

        22       worry about it.  The landlords will be begging

        23       people to move in at any cheap costs but we're

        24       not there now.  Do that in the future.  Let's

        25       put this behind us now.  Let's not have that







                                                             
2385

         1       clock ticking, ticking, ticking for the next ten

         2       weeks or so.  Let's not have it tick as we did

         3       last year -- seven -- let's not have it ticking

         4       as we did to the loft tenants last year 'til it

         5       expired and then, well, we extended it an hour

         6       late but we extended it for a day and then it

         7       expired and the hostages still sat up in the

         8       galleries.  That's no way to legislate.  Let's

         9       earn the respect of all New Yorkers by dealing

        10       with this in an open and above-board manner, not

        11       threatening anybody, not threatening the

        12       imminent collapse and not linking it to anything

        13       else because every hostage situation seems to

        14       make all sorts of linkages.  Before we get into

        15       that June muddle about budgets and other bills

        16       and local bills and all, let's deal with this

        17       straight up, the way we did earlier this year

        18       with another important issue.  Let the members

        19       vote their conscience.  Let's get this bill out

        20       of this house, over to the Assembly.  Let's

        21       extend it and then we can have all the

        22       theorists, all the ideologues engage in a

        23       two-year debate about what the best way to

        24       proceed would be in theory.

        25                      In theory, it's all wonderful,







                                                             
2386

         1       Madam President.  Those of us who live it, those

         2       of us who live in those areas of Westchester,

         3       Nassau, New York City and elsewhere understand

         4       the local conditions.  Not a week goes by that

         5       friends -- middle class friends don't say, My

         6       Lord.  Can you help me find an apartment?  I

         7       can't find an apartment.  There are no

         8       apartments available.  That's the real

         9       condition, Madam President.  Let's deal with

        10       reality.  Let's not deal with ideology.

        11                      Madam President, I urge the

        12       members, pass this bill and don't make that

        13       mistake I used to make of thinking it's only

        14       procedural because the resolution says we

        15       suspend that rule for the purpose of reading,

        16       passing and transmitting to the Assembly out of

        17       its regular order.  So it's not procedural.

        18       Vote for this and you have the four-year

        19       extender.

        20                      Thank you, Madam President.

        21                      (Applause)

        22                      THE PRESIDENT:  Order, please.

        23       Please show respect for every speaker.  Let's

        24       maintain silence.

        25                      Senator Bruno is next.







                                                             
2387

         1                      SENATOR BRUNO:  Thank you, Madam

         2       President, colleagues.

         3                      Senator Connor, very articulate

         4       and I listened very intently but while Senator

         5       Connor is very articulate, Senator Connor is

         6       wrong.

         7                      What we have before us, Madam

         8       President, will not be a debate on the merits of

         9       rent control and rent deregulation but what will

        10       be before us is a debate on a procedure that is

        11       established in the Senate, that allows a member

        12       to try and discharge a bill out of committee to

        13       the floor against the wishes of the committee

        14       and the Majority.  That's what's before us, is

        15       that procedure and, as Senator Connor, who is an

        16       attorney, reads this, he reads it as an

        17       attorney.  I am not an attorney.  I read it as

        18       any citizen would read it as the law and rules

        19       were intended and what is very clear in the

        20       rules of the Senate is that a motion to

        21       discharge is a procedure that, if passed by the

        22       Majority, would get a particular bill to the

        23       floor -- to the floor and then to be acted on

        24       when it takes its turn, not automatically.  So

        25       that if for the first time in the history of the







                                                             
2388

         1       Senate a motion to discharge was to prevail -

         2       and it won't -- this bill would not be voted on

         3       today.

         4                      So I apologize to those that have

         5       visited the Capitol, traveling hours, thinking

         6       that they're going to hear a debate on rent

         7       deregulation and see a vote on that issue.  They

         8       will not.  We will -- we will, Madam President,

         9       debate the issue on this floor and we will do

        10       it, Senator, between now and June 15th.  We will

        11       do that.

        12                      I have offered since December to

        13       negotiate a reasonable transition out of rent

        14       control, since December, indicating, yes, that

        15       the elderly, the disabled and the low -- lowest

        16       income people should be protected and I feel

        17       that way.

        18                      So I want to be clear -

        19                      THE PRESIDENT:  Order, please.

        20                      SENATOR BRUNO:  -- and I want to

        21       just share with the people that are visiting

        22       that you're very, very welcome to be here.

        23       We're glad that you care enough to visit and to

        24       be here but you will do yourself a disservice if

        25       you act unruly because you will simply be







                                                             
2389

         1       embarrassed by being escorted out of this

         2       chamber.  So don't embarrass yourselves.  Don't

         3       embarrass your friends.  Act like ladies and

         4       gentlemen and we will treat you accordingly.

         5                      But I want to be very clear that

         6       what is happening here is a procedural motion.

         7       We are not debating the issue of rent

         8       deregulation.  This is a procedure that the

         9       Minority uses.  Tomorrow they will be using it

        10       15 to 18 times.  Last week they used it a number

        11       of times, each time knowing that it will fail

        12       because the Majority controls the legislative

        13       process and if motions to discharge were to

        14       prevail, you would have chaos because any member

        15       that didn't like what was happening in the

        16       orderly procedure of the Senate would demand

        17       through a motion that that particular bill, 1

        18       out of 20,000, be placed on the floor

        19       immediately.  That would not be an orderly

        20       process.  That will not happen and it does not

        21       happen and that's why in the history of the

        22       Senate, in the history of this Senate, a motion

        23       has never carried.

        24                      Now, what does that tell our

        25       visitors?  That tells our visitors that people







                                                             
2390

         1       who present a motion on an issue as sensitive as

         2       this one are grandstanding.  They are

         3       posturing.  They are being political.  They are

         4       trying to fool the public into believing that

         5       something is going to happen that is not

         6       happening this afternoon, and I think that's

         7       unfortunate.  I think that's too bad.

         8                      So I am speaking, Madam

         9       President, for the record.  Assemblyman Bragman,

        10       a Democrat, Majority Leader in the Assembly is

        11       quoting time after time as motions to discharge

        12       are placed by the Minority in the Assembly,

        13       which is controlled by the Democrats in that

        14       house, Assemblyman Bragman says repeatedly, we

        15       will not discuss the merits.  This is a

        16       procedural question and we will deal with this

        17       procedurally and, Senator -- Michael Bragman.

        18                      Now, if the rule applies in the

        19       Assembly controlled by Democrats two to one,

        20       then I would like to understand from my

        21       colleague in this house why it doesn't apply to

        22       the Senate, and if you want to argue, argue with

        23       Assemblyman Bragman, the Majority Leader, your

        24       colleague in the Assembly.  Don't argue with me

        25       on this floor.  The argument doesn't belong







                                                             
2391

         1       here.

         2                      Madam President, there is no

         3       question, our rules in the Senate have been

         4       tested and tried and debated and it is clear

         5       that a motion to discharge is a procedure to

         6       move a bill against the will of the chair of

         7       that committee in an untimely way to the floor,

         8       and that's all that it is, and so this debate

         9       relates to that procedure and I am suggesting,

        10       Madam President, that this motion to discharge

        11       will fail and, as it fails, I would like to ask

        12       my colleagues on this side of the aisle -- I

        13       would like to ask you if you want to live by the

        14       rules -- and I know you do -- then the least

        15       thing that you should have done was to file a

        16       request to the committee chair that this bill be

        17       brought to the floor.  That is the established

        18       procedure in this house.  You file a request to

        19       the chair.  You ask that a bill be moved through

        20       the committee to the floor, and I think it's

        21       very sad that that was never done.  That was

        22       never done.  That's too bad.

        23                      Why is it too bad?  Because it's

        24       an admission that you weren't dealing here -

        25       you weren't dealing with the merits of this







                                                             
2392

         1       issue.  You're dealing with the politics of it,

         2       and I think that's too bad because had you filed

         3       a request and that request had been denied, then

         4       this motion to discharge would at least have

         5       some validity.  That's the procedure in the

         6       Senate.  Every member in the Senate files a

         7       request to get a bill to the floor and calls it

         8       to the attention of the chair.

         9                      And, Madam President, we talk

        10       about hostages.  I am told that this budget -

        11       this budget that is now eight days late and will

        12       be many, many more days late -- is being held

        13       hostage because we are not debating rent

        14       control.  We are not debating welfare reform.

        15       We are not debating criminal justice reform,

        16       that the budget will not move forward.  It is

        17       being held hostage, and we will not have a

        18       budget until we do a rent deregulation bill.

        19                      I will say again, Madam

        20       President, my colleagues, I am ready this

        21       afternoon, tomorrow, the next day to negotiate a

        22       bill having to do with a reasonable transition,

        23       and whatever that means, to protect the people

        24       that live in rent-controlled or rent-stabilized

        25       units, yes, to protect them so that they can







                                                             
2393

         1       continue to lead their lives in a normal

         2       functioning way.  We're not trying to be mean

         3       spirited.  We're not trying to be hurtful.

         4       We're not trying to do anything that's

         5       disruptive.  What we are trying to do is, in a

         6       realistic way, deal with an issue that has to be

         7       dealt with.

         8                      Now, that's the message that we

         9       have delivered.  That's the message I deliver

        10       again and I will ask my colleagues to reject

        11       this motion to discharge and I will also share

        12       that we will debate this issue on the merits on

        13       this floor and we will be debating a bill that

        14       we have negotiated, to give us a transition, or

        15       we will be debating a bill that we will bring to

        16       the floor and it will be an alternative to a

        17       total sunset which takes place midnight on June

        18       15th and we will have that bill on this floor

        19       and it will be a realistic alternative and then

        20       we can debate that issue at that time and then

        21       we will have a choice on a reasonable transition

        22       or a total sunset, and if we have a total

        23       sunset, I want to make it perfectly clear, that

        24       that responsibility will rest with those that

        25       are not willing to talk realistically and







                                                             
2394

         1       reasonably about a transition.

         2                      Thank you, Madam President.

         3                      SENATOR CONNOR:  Madam President.

         4                      THE PRESIDENT:  Senator Connor.

         5                      SENATOR CONNOR:  Thank you, Madam

         6       President.

         7                      Madam President, I think I read

         8       before exactly what this resolution says.  I

         9       didn't write this language.  The Majority uses

        10       this form and it says passing the Senate and

        11       being delivered to the Assembly.  So I leave it

        12       to the plain language as to whether this is

        13       being procedural or not, but the Majority

        14       Leader, I think in his remarks, has just made it

        15       plain -- and we heard the magic words we always

        16       hear from the hostage takers, I'm willing to

        17       negotiate.  We've heard they'll let some of the

        18       hostages go as a sign of good faith and then

        19       we'll negotiate.  That's not the way to

        20       legislate, Madam President, because what we

        21       really heard was, I'll put out what I want and

        22       it will be take it or leave it or it will

        23       expire.  That's the threat, the threat to

        24       people's homes.

        25                      Senator, put your -- extend the







                                                             
2395

         1       existing law for four years and then put your

         2       alternative out here for a fair up or down

         3       debate.  That's the way to legislate.

         4                      I heard Senator Bruno,

         5       unfortunately use the words, suggesting that

         6       this is a political exercise and somehow

         7       hypocritical.  He quoted the Majority Leader of

         8       the Assembly.  Since he did that, I now feel

         9       free to quote the Majority Leader of the

        10       Senate.

        11                      In the Empire State Report in

        12       December of '96, Senator Bruno was quoted as

        13       saying "I don't see any good reason why

        14       governments have to tell landlords what they can

        15       charge."

        16                      In the Daily News on December 8th

        17       of '96, the Daily News reported "While

        18       addressing a landlord organization, Senator

        19       Bruno announced that all rent regulations will

        20       drop dead as of June 16th."  Quote, "I don't

        21       need any votes", unquote, he declared.  This is

        22       the New York State Senate.  We do have a

        23       Constitution but we don't need any votes.

        24                      Real Estate Week on 1/22/97, "We

        25       will end rent regulation as we know it."







                                                             
2396

         1                      Times Union, Albany, 1/29/97,

         2       "There is no substantial difference in the

         3       average regulated and unregulated rents outside

         4       central Manhattan" and as we saw last week, the

         5       landlord's own study proved that was totally,

         6       totally inaccurate, that, in fact, there would

         7       be dramatic increases in rents even outside of

         8       Manhattan.

         9                      Times Union on January 29th

        10       again, '79 percent of the benefits of rent

        11       regulation go to 25 percent of the households

        12       and the people benefiting from current rent

        13       regulations, quote, "are the people making

        14       $200,000 a year."

        15                      And in Newsday on March 3rd, my

        16       birthday, quote, "This is a government subsidy

        17       for people by the hundreds of thousands who

        18       don't need it and don't deserve it."

        19                      And then, of course, who can

        20       forget the New York Times on March 13th, 1997,

        21       quote, "Rent controls have caused more damage to

        22       New York City than a nuclear warhead."

        23                      Madam President, I respectfully

        24       submit to my colleagues, if there be an

        25       engagement on this issue in any kind of







                                                             
2397

         1       political posturing or hypocrisy, I suggest the

         2       members can accurately describe where that may

         3       fall.

         4                      Thank you, Madam President.

         5                      THE PRESIDENT:  Thank you.

         6                      (Applause)

         7                      Please, out of respect to the

         8       speakers, please maintain your silence.

         9                      Senator Markowitz is next.

        10                      SENATOR MARKOWITZ:  Thank you

        11       very much.

        12                      Marty, Senator Connor, I think

        13       you made a tremendous presentation and I have to

        14       tell you that for two million people reading

        15       their papers before Christmas -- before

        16       Christmas, to hear the Majority Leader of this

        17       house threaten their very homes in the spirit of

        18       Christmas, to my opinion, was incomprehensible

        19       and unreasonable and a step out of what we do,

        20       what we should be to the public of the city and

        21       state of New York.  It was wrong before

        22       Christmas and then to continue the issue over

        23       and over again -- over and over again,

        24       threatening our homes -- and let's understand

        25       what we're talking about here.







                                                             
2398

         1                      Senator Bruno talks about

         2       procedure -- procedure.  He indicated a

         3       procedure that we can ask the committee chair to

         4       put the bill to continue rent stabilization out

         5       of committee.  There must be dozens of us that

         6       have asked.  One of the reasons why we're doing

         7       this, Senator Bruno, is that we're frustrated

         8       that we can't seem to get the legislation that

         9       we seek out of committee to be discussed, to be

        10       debated.  We can't seem to do that and that is

        11       why Senator Connor and all of us have decided to

        12       make this effort this afternoon.

        13                      There is not a person here, or

        14       back in New York City or Long Island or

        15       Westchester, that believes that the issue will

        16       be resolved this afternoon.  How I pray that was

        17       the case, how I pray, but at least we can raise

        18       the issue to you and to everyone else in our

        19       chamber to understand that just like issues of

        20       farming, the issue of casino gambling in

        21       Saratoga, the issue of the water supply for

        22       Senator Cook, the issues of importance out in

        23       Nassau and Suffolk County and upstate New York

        24       just like you have ambitions that are your bread

        25       and butter, that go to the life of the people







                                                             
2399

         1       you serve, this is an issue for real.  This is

         2       for real.  This isn't procedure.  This isn't

         3       make believe.  This is for real.

         4                      So, Senator Bruno, we have to

         5       stand up for our families as well as those that

         6       we serve and say to you and our colleagues -

         7                      (Applause)

         8                      THE PRESIDENT:  Order, please.

         9                      Senator Markowitz.

        10                      SENATOR MARKOWITZ:  -- that we

        11       have the right -

        12                      THE PRESIDENT:  Senator

        13       Markowitz.

        14                      SENATOR MARKOWITZ:  -- we have a

        15       right -

        16                      THE PRESIDENT:  Senator

        17       Markowitz.

        18                      SENATOR MARKOWITZ:  -- to

        19       represent the people that we serve -

        20                      THE PRESIDENT:  Senator

        21       Markowitz, please address the Chair instead of

        22       Senator Bruno.

        23                      SENATOR MARKOWITZ:  -- to the

        24       best of our ability.

        25                      Grandstanding, no, sir, no, sir.







                                                             
2400

         1       We know what we're doing here today and so do

         2       you.

         3                      Those of us who recognize that

         4       you are an expert in telecommunications, I would

         5       -- never, never would I have presumed that I

         6       know more than you, Senator Bruno, about your

         7       profession nor about your district.  I'll be the

         8       first to admit that when you and my colleagues

         9       get on the ball -

        10                      THE PRESIDENT:  Senator

        11       Markowitz.

        12                      SENATOR MARKOWITZ:  -- and talk

        13       about the concerns of your local areas -

        14                      THE PRESIDENT:  Senator

        15       Markowitz, could you please stop just long

        16       enough for me to request -

        17                      SENATOR MARKOWITZ:  I'm talking

        18       to my colleagues.  I have a right to do that.

        19                      THE PRESIDENT:  Yes, but you

        20       address Senator Bruno and it's improper to have

        21       it so confrontational.

        22                      SENATOR MARKOWITZ:  All right.

        23       Not confrontational, to my colleagues.

        24                      THE PRESIDENT:  Thank you.

        25                      SENATOR MARKOWITZ:  When you get







                                                             
2401

         1       on the floor and speak with us about issues of

         2       your concerns to your local communities, I have

         3       to respect what you're saying because you're the

         4       experts.  You know about the folks in your area

         5       and what their priorities are and what their

         6       needs are.

         7                      Now, you know that this issue

         8       goes to the heart of what we represent.  Why

         9       don't you give us the credit that we give you

        10       when we tell you and advise you that we know

        11       what's best for the people we serve, for the

        12       city of New York, for the suburbs that are

        13       impacted by this and ultimately the state of New

        14       York?

        15                      Now, I know that we're going to

        16       debate this issue once again in the near future,

        17       I'm sure, and so I'll leave some of my major

        18       arguments that we've read about in the papers -

        19       we'll talk about that, I'm sure, at a future

        20       date, but what I do know is it's not right to me

        21       to be threatening in any way to say it's my way

        22       or the highway, to say that I am willing to

        23       compromise if you agree with me that controls

        24       and regulations must end, because I don't accept

        25       that premise.  I cannot and will not accept that







                                                             
2402

         1       premise because I know that rent regulations

         2       have given all of us that live in the city of

         3       New York, most of us, not the multi-million

         4       aires, but people like us, including your

         5       Senator here, who struggles on his income, the

         6       ability to at least know that we can at least

         7       live to the best way that we can live.

         8                      I don't know how many of my

         9       colleagues recognize from upstate that what some

        10       of our tenants in parts of my district -- which

        11       is not considered a high income area -- that

        12       they're paying $1,000, 11- and $1200 for a

        13       one-bedroom apartment overlooking courtyards;

        14       and you know how they do it?  They got two and

        15       three families moving into those apartments to

        16       be able to afford those rents.  Is that what we

        17       want for New York City?  And so, Senator Bruno,

        18       my colleagues, I'm going to end it by saying

        19       this.  Let my people go.  Let my people go.

        20                      (Applause)

        21                      THE PRESIDENT:  Senator Leichter

        22       -- Senator Leichter.  Let's show respect for

        23       the speakers, please.

        24                      Senator Leichter is next.

        25                      Thank you.







                                                             
2403

         1                      SENATOR LEICHTER:  Thank you.

         2                      Madam President, it's clear

         3       listening to Senator Bruno the extent to which

         4       this Senate has really lost touch and reality

         5       with what is important to the people in this

         6       state.

         7                      Senator Bruno speaks about an

         8       orderly procedure.  Senator Bruno said, my God,

         9       do you know what would happen if motions to

        10       discharge were brought to this house and 31

        11       members -- because that's what it takes to pass

        12       a motion to discharge -- 31 members voted for

        13       it?  You would have these bills passed and the

        14       Majority Leader would no longer control it.  He

        15       calls it disorderly.  Senator Bruno, that's

        16       called democracy.

        17                      (Applause)

        18                      THE PRESIDENT:  Please.  Thank

        19       you.

        20                      SENATOR LEICHTER:  This is not an

        21       autocracy.  This is not a sham legislative body

        22       that exists solely to rubber stamp what one

        23       person says is going to happen.  This should be

        24       a deliberative, democratic body and what we're

        25       trying to do is to bring one of the crucial







                                                             
2404

         1       issues facing the people of New York State in

         2       1997 to be voted on by their elected

         3       representatives and to do it in a way that

         4       allows people to express themselves.

         5                      Senator Bruno says, well, why

         6       don't you wait for the committee to act?

         7       Because the committee won't act.  Because we

         8       have a chairman who's told by you what to do.

         9       He has no independence.

        10                      THE PRESIDENT:  Senator Leichter,

        11       through the Chair, please.

        12                      SENATOR LEICHTER:  He has no

        13       independence.  He hasn't held hearings.  Has

        14       that committee been in New York City and held

        15       hearings?  Has it been in other parts of the

        16       state where this is a burning issue?  Has it

        17       come out with any proposals, any bills?  It

        18       hasn't.

        19                      There's a statement in the law

        20       that you're not required to do what is futile.

        21       To request that this committee bring out our

        22       bill is a futility because, Senator Bruno,

        23       you've made it very clear that you think you own

        24       this issue and you own the answer and we're, by

        25       this motion, trying to say you do not.  This







                                                             
2405

         1       happens to be a chamber of 61 people who have a

         2       responsibility to their constituents to address

         3       these issues in a careful, thoughtful and

         4       democratic way.

         5                      The idea, Senator Bruno, that you

         6       are willing to negotiate, you're putting a gun

         7       to people's heads.  You've said, do it my way or

         8       this expires on June 15th.  That's not

         9       negotiating.  That's imposing your will on this

        10       Legislature.  It's imposing your will on the

        11       people of the state of New York.  To say, Well,

        12       this is only a procedural motion as if, in some

        13       ways, that makes it insignificant.  Procedural

        14       motion -- you don't even have to be here.  Who

        15       cares about procedural motions?  Whether it's on

        16       the merits or procedural, it leads to a most

        17       important consideration, and that is whether we

        18       will provide essential protection for over two

        19       million people in the state of New York or

        20       because it's procedural, you don't have to

        21       protect these people?  You don't have to look at

        22       the merits?  That's perfect nonsense.

        23                      So we get involved in these silly

        24       debates in Albany.  No, it's procedural.  No,

        25       it's on the merits, as if we're saying something







                                                             
2406

         1       meaningful.  It is sheer nonsense.  By voting on

         2       this particular motion, you are voting whether

         3       you want to give protection to people who

         4       desperately need it or whether you're willing to

         5       tear us under a system of protection that every

         6       legislature since World War II has considered

         7       essential and that is premised on the basic fact

         8       that there is a terrible housing shortage in the

         9       state of New York but particularly in the city

        10       of New York, and the legislation establishing

        11       rent control, in other words approved by the

        12       Supreme Court of the United States, is premised

        13       on the fact that if the vacancy rate is less

        14       than five percent, you have a housing shortage

        15       and it takes no great genius, Senator Bruno, to

        16       understand that if you have a housing shortage,

        17       that jacks up rents.  It puts tenants in a

        18       terribly hazardous, perilous situation and when

        19       the state of New York in 1971 enacted vacancy

        20       decontrol with the idea, well, maybe in some

        21       ways that will spur housing construction, maybe

        22       we can move to the free market, was a disaster.

        23       It was an utter disaster.  Rents shot up.

        24       People were being evicted.  People were being

        25       driven out of their homes and two years later a







                                                             
2407

         1       Republican Legislature, with a Republican

         2       Governor, passed the rent stabilization, said we

         3       can't do this.

         4                      Senator, what I find disturbing

         5       is an utter lack of perspective and utter lack

         6       of focus.  It's as if your world was bounded by

         7       the town or the community you live in, yet no

         8       understanding that there are parts of the state

         9       where different situations exist, no

        10       appreciation of what the true situation is as to

        11       rent regulations in the city of New York.

        12                      You go and you say this protects

        13       people who are millionaires.  Rent controlled

        14       apartments are occupied by people with large

        15       incomes.  That's not the fact.  Most people

        16       under rent regulations having the protection,

        17       the median income of all renter households, it's

        18       $20,000, in 1995, $20,000 and I thought one of

        19       the most significant statistics was that in the

        20       last two or three years, the amount of rent,

        21       percentage of rent from -- against total income

        22       that people in rent-regulated apartments was

        23       paying had gone from 30.8 percent to 32.3

        24       percent, people paying almost one-third of their

        25       income just for shelter, and this is with some







                                                             
2408

         1       system of regulation.  Remove that system of

         2       regulation and they'll be paying over 50 percent

         3       and what this will lead to is enormous

         4       hardship.  It will lead to homelessness.  It

         5       will lead to people who will not be able to

         6       educate their children, feed their children,

         7       clothe their children.  It will lead to an

         8       exodus out of the city of New York.

         9                      What you need to do, Senator

        10       Bruno, and those of us who seem to have sort of

        11       an a priori view that rent regulations are bad

        12       is to look at the real situation.  Sometimes I'm

        13       afraid what's being looked at is dollar signs

        14       and not the facts of rent regulations and its

        15       importance.  If you looked at the facts instead

        16       of maybe looking at contributions or other

        17       factors, you would see -

        18                      (Applause)

        19                      THE PRESIDENT:  Order, please.

        20       Show respect for the speaker and please adhere

        21       to the procedures.

        22                      SENATOR LEICHTER:  -- you will

        23       see that rent regulation is utterly imperative

        24       for the welfare of this state, Senator, for the

        25       welfare of the people who are protected and for







                                                             
2409

         1       the welfare of the state.

         2                      So the issue today, as we vote,

         3       don't say, well, I'm just voting on a procedural

         4       motion as if that makes it insignificant.

         5       You're voting on a process that is either going

         6       to give necessary, essential protections to

         7       people, two million people at least.

         8                      THE PRESIDENT:  Senator Bruno,

         9       why do you rise?

        10                      SENATOR BRUNO:  Would Senator

        11       Leichter respond to a question?

        12                      SENATOR LEICHTER:  Yes, I will.

        13                      SENATOR BRUNO:  Thank you.

        14                      Since we're talking procedure,

        15       Senator, do you think procedurally that it makes

        16       sense that you go on at such length when it's my

        17       understanding that you live in a stabilized unit

        18       that's controlled in New York City?  Do you

        19       think that is a proper procedure?

        20                      SENATOR LEICHTER:  Is your point,

        21       Senator -

        22                      THE PRESIDENT:  Order, please.

        23                      Senator Leichter.

        24                      SENATOR LEICHTER:  Senator Bruno,

        25       is your point that if I -- yes.  I live in a







                                                             
2410

         1       rent-stabilized apartment.  If I didn't live in

         2       a rent-stabilized apartment, then I could go on

         3       at greater length but living in a

         4       rent-stabilized apartment, my time to speak here

         5       is somewhat limited?  What is your point,

         6       Senator Bruno?

         7                      THE PRESIDENT:  Senator Bruno.

         8                      SENATOR BRUNO:  Madam President,

         9       my point is that I would think that for clarity,

        10       for your own colleagues, you should let them

        11       understand that you are not objective, that you

        12       live in a stabilized unit and that you speak as

        13       a person who is receiving the benefit of being

        14       subsidized in that way.  That's my point.

        15                      THE PRESIDENT:  Order.  Please

        16       show every speaker respect, please.

        17                      Senator Leichter.

        18                      SENATOR LEICHTER:  Senator Bruno,

        19       I've seen you vote for tax cuts.  I've seen you

        20       vote for the benefits for businesses that

        21       personally benefit you.  I've never suggested

        22       that you do it for personal gain.  I suggest

        23       that you do it out of mistaken economic

        24       theories.  I never brought it down -

        25                      (Applause)







                                                             
2411

         1                      THE PRESIDENT:  Order.  Order.  I

         2       know that all our visitors in the gallery would

         3       like to remain.  So please show respect for the

         4       chamber and the speakers by remaining silent.

         5                      Senator Leichter.

         6                      SENATOR LEICHTER:  Senator, if

         7       your whole problem is that I live in a rent

         8       stabilized apartment, I'll give up my rent

         9       stabilization and you give up pointing your guns

        10       at two million tenants throughout the state of

        11       New York.

        12                      THE PRESIDENT:  Senator Leichter.

        13                      (Applause)

        14                      SENATOR LEICHTER:  Let me

        15       conclude, Madam President.

        16                      I think there's a terribly

        17       important issue here affecting people in the

        18       state of New York, as I've pointed out, but I

        19       think there is also the integrity of the Senate,

        20       the good sense that I hope that we have and that

        21       means our obligation to address important issues

        22       of this state and that's what we're about.

        23       That's what we're seeking to do by this motion

        24       to discharge.  Let no member here say, well, I

        25       want to protect tenants but I couldn't go along







                                                             
2412

         1       on a motion to discharge.  It was procedural

         2       because that's hypocrisy.  You might be able to

         3       run but you're not going to be able to hide

         4       behind that argument.

         5                      If you want to protect tenants,

         6       if you want to avoid the terrible economic and

         7       social dislocation that would occur if rent

         8       regulations were to sunset, then you will vote

         9       for this motion.

        10                      (Applause)

        11                      THE PRESIDENT:  Senator Abate.

        12                      SENATOR ABATE:  I would like to

        13       make the record very clear that I do not have a

        14       rent-controlled or rent-stabilized apartment

        15       but, nevertheless, even though I have nothing to

        16       gain, I feel very strongly, as do my other

        17       colleagues, that this is something we should do

        18       to protect the constituents throughout New York

        19       State.

        20                      I have been told today that this

        21       is an act of desperation on the part of Senate

        22       Democrats.  It's only an act of desperation

        23       because the Majority will not allow us to debate

        24       these issues on the floor, that there are

        25       systems of rules which say individuals decide







                                                             
2413

         1       what gets debated, what gets voted upon and then

         2       everything else is held hostage.  This is an

         3       issue that is held hostage among other issues

         4       that are held hostage year in, year out.  It is

         5       not an act of desperation.  This is an act of

         6       leadership on the part of the Senate Democrats

         7       and I hope many Republicans will join in this

         8       effort.  We all can be heroes and heroines today

         9       and go home and say we've fulfilled our

        10       responsibilities to the people who have elected

        11       us.

        12                      As we say over and over again, we

        13       are public servants.  We are there not to serve

        14       the rules and uphold rules but to serve the

        15       interests of the people that we represent.

        16       Today we should stand up, provide that kind of

        17       leadership.

        18                      I have never seen an issue -- and

        19       I have been involved in community life for over

        20       20 years -- where I have gone to one town

        21       meeting after another in Manhattan, not a

        22       handful of people come out but hundreds and

        23       sometimes thousands of people come out to

        24       meetings and you can see by the representation

        25       of the people here today, it is a reminder that







                                                             
2414

         1       this is not an issue about procedure.  This is

         2       an issue that affects people's daily lives,

         3       their ability to stay in New York State, support

         4       their families and become and continue to be a

         5       rich contributor of this fabric that we call New

         6       York State.

         7                      If -- and I think if we had all

         8       the constituents in the room today, they would

         9       be saying to us, if you care about rent

        10       protection and don't care about procedure but

        11       you care about making sure that protection

        12       continues, you must vote yes.  If you vote no,

        13       that's an indication that you want rent

        14       protections to be eliminated.  That is the clear

        15       message that I hear from people that I

        16       represent.  They don't mix their words.  There's

        17       no other way to toss the dice, to put a

        18       different reflection on this issue.  This is

        19       about keeping people in their homes.

        20                      Also this is an opportunity to

        21       debate this issue so the press can have a

        22       greater understanding what the impact would be

        23       on human beings if rent protections were to

        24       expire.

        25                      We need more than ever these rent







                                                             
2415

         1       protections.  In my district, the vacancy rate

         2       is less than one percent.  We are talking about

         3       not rich people.  We must dispel that myth that

         4       rent protections only provide safe havens for

         5       people who are rich.  The people that I

         6       represent, many of them are on fixed incomes.

         7       They are seniors.  They are working class

         8       people.  They are middle income people.  They

         9       are students who say they want to have their

        10       first job in New York City and they want to

        11       start a career and they want to live there.  Are

        12       we saying to them, let's not have the young

        13       people who are educated within our midst be able

        14       to afford to live in our city?  Because that's

        15       what we're saying.  We're saying to the best and

        16       brightest of our young people, we'll educate you

        17       but you can't work here because you cannot

        18       afford to live in New York City.  We don't want

        19       to send this message.

        20                      We talk all the time about the

        21       economics of what we do, that we want to keep

        22       people, jobs and we want to keep our vital work

        23       force.  This has the direct relationship to

        24       doing that.  If we end rent protections, we end

        25       the ability to build a qualified work force over







                                                             
2416

         1       time.

         2                      We also destroy neighborhoods.

         3       Neighborhoods depend upon the rich and diverse

         4       fabric of our communities.  They are consumers.

         5       They are taxpayers.  Do we want to drive out

         6       tens of thousands of people in New York City and

         7       have that kind of economic and negative impact

         8       on our communities?  No, we don't.

         9                      So a vote yes today is standing

        10       up to the diverse communities that we want to

        11       support.  It's standing up for affordable

        12       housing.  It's standing up for the notion that

        13       in 1971 we tried this and it failed.  It failed

        14       so miserably that the Legislature three years

        15       later had to pass the rent protection laws.

        16       We've seen it.  This is about protecting people,

        17       their quality of life, their families and their

        18       ability to remain in New York State.

        19                      So, please, this is a glorious

        20       chamber.  It's a magnificent chamber.  Sometimes

        21       we make decisions in isolation.  Today we cannot

        22       make those decisions in isolation.  All we need

        23       to do is look at the pain and suffering and

        24       fear, raw fear on the faces of tenants who think

        25       their whole lives are going to be destroyed.







                                                             
2417

         1       Let's not play games with their lives because

         2       there's a procedural issue.  It's not

         3       procedural.  It's substantive.  Let's stand up

         4       today.  Let's have the courage.  This is not

         5       just about leadership.  We were elected

         6       individually to represent our constituents.

         7       That work should begin today, not end today.

         8                      Vote yes.

         9                      (Applause)

        10                      THE PRESIDENT:  Order.

        11                      Senator Gold -- Senator Gold is

        12       next.

        13                      SENATOR GOLD:  Thank you, Madam

        14       President.

        15                      Madam President, there isn't

        16       anybody here that would travel to a foreign

        17       country without some kind of a dictionary to

        18       help you get around and if you went to France,

        19       it wouldn't be unusual to have a French-English

        20       dictionary, Spain, a Spanish-English

        21       dictionary.

        22                      I want people to understand that

        23       we have legislative language also and what

        24       Senator Bruno basically said to you, if you put

        25       it through a legislative dictionary, means I'm







                                                             
2418

         1       against rent regulation.  That's all it means.

         2       It doesn't mean procedure.  It doesn't mean that

         3       today is not the day.  There will be a day but

         4       when you come that day, it will be another day.

         5       It means that he and those who vote no are

         6       against rent regulation.  It couldn't be any

         7       clearer than that.

         8                      And lest you think this

         9       Legislature operates by some Bible that cannot

        10       be changed by anyone's religion, I will make

        11       Senator Bruno an offer.  I will give him a

        12       dollar for every time a Democrat wants to waive

        13       the rules.  I only want from him a dime every

        14       time Senator Bruno and the Republicans violate

        15       their own rules in this chamber.

        16                      Now, we have a situation which

        17       says our committees deal with bills and then the

        18       bill comes to the first report and then it comes

        19       to the second report and then it goes to third

        20       reading and then we handle it, et cetera, et

        21       cetera, except when Senator Bruno and the

        22       Republicans don't do it, they hold a committee

        23       meeting.  They throw it out on the floor and you

        24       have a vote.  It violates our rules but, you

        25       see, we waive the rules because in those cases







                                                             
2419

         1       it's important.  I happen to think it's

         2       important to waive the rules to save the lives

         3       of millions of people.  That's plain English.

         4       It's not legislative talk.  Senator Bruno uses

         5       legislative talk to say, "I am against

         6       tenants."

         7                      Another thing which concerns me,

         8       Senator Bruno and members of the Majority use

         9       legal drugs, pharmaceutical drugs but they put

        10       in bills that deal with that and vote on bills

        11       that deal with that.  Many of the members of the

        12       Republican Party in this house own real estate

        13       and they put in bills all the time to lower

        14       their own property taxes.

        15                      (Applause)

        16                      Many of the members of the

        17       Republican Party use roads, put in bills for

        18       Thruway improvement, et cetera, et cetera.

        19       Nobody criticizes that and, Senator Bruno, I say

        20       to myself, how deep do you want to go?

        21                      I know that Senator Leichter and

        22       others are tenants.  I also know that there are

        23       issues like horses that we could get involved

        24       with but why don't we stay with the subject that

        25       we're talking about and that is what we're going







                                                             
2420

         1       to do for tenants in the state of New York.

         2                      And there's another issue,

         3       Senator Bruno, that I would like you to join

         4       with me on.  You and I, Senator Bruno, file

         5       ethics statements every year and people know

         6       where we stand and what we're about.  I would

         7       love to see one day -- let's pick one at random,

         8       the New York Post -- print on its front page,

         9       the amount of money it takes from the real

        10       estate lobby each year, each week and have that

        11       influence their editorial pages.

        12                      (Applause)

        13                      The bottom line is that today is

        14       a day which -- and I congratulate the press and

        15       coming from me that's unusual.  I congratulate

        16       the press.  They have taken this motion as

        17       seriously as it deserves to be treated, as

        18       seriously as it deserves to be treated and there

        19       is no place to hide today.  A vote today is an

        20       absolutely clear vote.

        21                      I would also like to talk to

        22       Senator Seward and to some of my other

        23       colleagues on the other side.  We had an issue

        24       last week debated very well by Senator Paterson

        25       as to whether or not certain local bills, bills







                                                             
2421

         1       affecting some upstate localities required a

         2       home rule message from that locality, and there

         3       was some technical rulings, but it was quite

         4       clear that the members on this side were

         5       concerned and respected the feelings of people

         6       in the localities and Senator Seward, as a

         7       matter of fact, went out, made some phone calls

         8       and reported back so that I and Senator Paterson

         9       and others would know that the legislation was

        10       legislation that was desired by those local

        11       people.

        12                      Now, we didn't go behind that

        13       legislation.  The local people wanted it.

        14       Senator Seward stood up and said, My people need

        15       it, and I, even though I'm a Democrat from

        16       downstate, said there's a gentleman that ran for

        17       public office upstate, got elected and I ought

        18       to be listening.

        19                      I say to you, Senator Seward, and

        20       I say to the others who are going to have local

        21       bills all this session and next year, I'm ready

        22       to respect your localities.  I'm ready to do for

        23       you what should be done if you tell me that, but

        24       I expect a certain respect today.

        25                      I live in the city of New York.







                                                             
2422

         1       If, God forbid, it goes down in the drain, I

         2       live there with my family.  We'll take those

         3       consequences, but I know what will not bring it

         4       down the drain and what will not bring it down

         5       the drain is providing decent housing for its

         6       citizens.  I'm willing to take that risk, my

         7       risk.  You vote with me on this.  Vote and help

         8       Senator Spano's people and Senator Skelos'

         9       people and all the tenants throughout the state

        10       who need your help.  We do it for you every

        11       day.  If you're saying to me, Manny, you're too

        12       naive.  Manny, every bill that comes to the

        13       floor, you vote on, you analyze, you go behind

        14       it, well, then I'll say to you, Senator Seward,

        15       and my fellow colleagues on the other side, I'm

        16       ready to do that.  I'm ready to dive into your

        17       neighborhoods if that's what you want, but I'm

        18       telling you that I'm ready to give you a certain

        19       respect that I expect back for me.

        20                      I heard some comments made

        21       earlier today about hostage taking and how the

        22       budget of the state of New York has been made

        23       hostage by Democrats over this issue.  First of

        24       all, if you had to pick an issue, it's not a bad

        25       one but the fact is that that is not a fact.







                                                             
2423

         1                      Now, Senator Bruno, a couple

         2       years ago you and your party put forth a budget

         3       on this floor and then you looked at Assemblyman

         4       Silver and the others and said at least the

         5       Democrats ought to give us a budget.  Say

         6       something.  You're hiding.  You're holding up

         7       the budget.

         8                      Senator Bruno, this year the

         9       Governor filed a budget.  Your party is too

        10       embarrassed to put that budget out on the floor

        11       for debate.  At least Assemblyman Silver put out

        12       a budget and they debated on it.  You couldn't

        13       pass that budget.  You wouldn't put it out.  We

        14       don't have a budget this year right now because

        15       there's been no leadership from the Governor on

        16       this issue and, Senator Bruno, no city

        17       leadership from you on this issue.

        18                      How many times have I heard

        19       Republicans on this floor say, this may be a

        20       one-house bill but it's going to open up

        21       debate.  It will open up discussion.  We'll be

        22       able to have something to talk about but where's

        23       your one-house budget that tells the people of

        24       the state of New York what you're really all

        25       about?  All we hear from you is you're for tax







                                                             
2424

         1       cuts and yet your party has been the biggest

         2       spenders in history, as far as I know, $5

         3       billion under a former Governor that you voted

         4       for and you talk about hostage taking?

         5                      I'm telling you, I'm ready to do

         6       a budget.  I'm ready to talk about it.  We held

         7       hearings on the budget.  You weren't there.

         8       Assemblyman Silver wasn't there.  The Governor

         9       wasn't there.  We held a meeting on revenue

        10       estimates.  You weren't there.  Shelly Silver

        11       wasn't there.  The Governor wasn't there.  You

        12       talked about Conference Committees on a budget.

        13       Where are they?  I haven't seen them.  Who's

        14       hiding those Conference Committees?  When are

        15       they meeting?  I haven't seen them.

        16                      So we have three men -- and I

        17       didn't say "people".  I said "men" -- who go

        18       into a room, haven't attended the hearings,

        19       haven't done any of that.  They don't put a

        20       budget out on this floor -- or you don't put a

        21       budget out on this floor and you have the nerve

        22       to blame it on the tenants of the city of New

        23       York?  Shame on you.

        24                      (Applause)

        25                      I am telling you, Senator Bruno,







                                                             
2425

         1       I today am speaking about an issue and not a

         2       technicality.  I am for the continuation of

         3       regulations.  I don't know where the Governor

         4       is.  I know we have a Lieutenant Governor who

         5       speaks out on issues.  Maybe the Governor ought

         6       to have her guts, but I think on this issue

         7       she's spoken out, but all I can tell you,

         8       Senator Bruno, is, as somebody said a few

         9       minutes ago, you can run but you can't hide.

        10       This is for real and for people who will leave

        11       here today and have to go back home, make

        12       dinners, dinners which are not going to be steak

        13       and lobster paid for by lobbyists at some Albany

        14       hotels or restaurants but people who have to eat

        15       real food with real people and deal with real

        16       lives.  We have a chance to show them that this

        17       is a democratic, with a small "d", Legislature

        18       and we can do something for them today.

        19                      I'm going to sure try and help.

        20                      (Applause)

        21                      THE PRESIDENT:  Senator Bruno,

        22       did you wish to be recognized?

        23                      SENATOR BRUNO:  Yes, Madam

        24       President.

        25                      I just want to remind people, my







                                                             
2426

         1       colleagues especially, that we are not

         2       responding to this discussion, to these

         3       comments, as inappropriate as they are, under

         4       these circumstances but, Madam President, we

         5       recognize that my colleagues here on this side

         6       of the aisle are posturing, pandering to the

         7       people that are here, seeking their applause and

         8       their recognition and that is -- that is their

         9       right.  They can do whatever they please, but I

        10       want to share, Madam President, it's rather

        11       unbecoming to fool the people that are here into

        12       thinking that something is going to happen that

        13       isn't.  Let's call it what it is.  It is

        14       posturing.  It is pandering and it's worse and

        15       we are not on this side of the aisle responding

        16       for that reason.

        17                      We will debate the merits of this

        18       issue in a seemly way at the appropriate time,

        19       in an appropriate way.  We will not respond to

        20       the nonsense that is being perpetrated here

        21       today in the name of good government because it

        22       is not good government.  It's a waste of

        23       people's time, energy and efforts.

        24                      THE PRESIDENT:  Senator Paterson

        25       is next.







                                                             
2427

         1                      Senator Paterson.

         2                      SENATOR PATERSON:  Madam

         3       President, I was listening to the very salient

         4       and appropriate comments of Senator Abate and

         5       she was talking about the need to address this

         6       very serious situation, and I think at one point

         7       inadvertently she said -- and I think it was

         8       really reacting more to just the frustration of

         9       the process -- she said this is more than just a

        10       question of leadership.  This is a matter of

        11       individual choices in our districts.

        12                      Well, Madam President, I would

        13       want Senator Abate to know that I have been here

        14       for 12 years and every day I have been here with

        15       every issue that's come up in this chamber and

        16       every procedure that we have followed, this is

        17       actually entirely a question of leadership but

        18       it is a question of how we are actually going to

        19       address issues and at this very serious time,

        20       Madam President, I wonder if we as elected

        21       officials, who so often do, will continue to

        22       talk in such absurd extremes, peddling a bunch

        23       of simplistic exaggerations that parry the

        24       truth.  Are we going to raise promises here that

        25       we're not going to keep or diminish expectations







                                                             
2428

         1       or scare people, or are we really going to try

         2       to establish some workable, sensible, achievable

         3       means by which people can live in decent,

         4       affordable housing in the city of New York and

         5       all throughout the state of New York and, Madam

         6       Chairman, if that's what we propose to do, then

         7       I think we have to take a serious look at this

         8       motion for discharge.  If the motion for

         9       discharge were inappropriate and were against

        10       the rules, then it wouldn't be part of the

        11       rules.

        12                      This motion was actually put

        13       forth in our state Constitution many, many years

        14       ago with the explicit purpose that when a

        15       situation has become so serious and so dire that

        16       there be a time that we suspend the regular

        17       order, the regular rules and in an emergency

        18       situation, that we adopt a procedure to bring an

        19       issue to the floor to pass it and send it to the

        20       Assembly, we would do it in a serious situation

        21       that involved a threat to livelihood or health,

        22       and I would suggest that a situation that

        23       affects two million citizens of our state which

        24       we're reading could raise the rents on the Upper

        25       West Side of Manhattan by 50.9 percent, 19.8







                                                             
2429

         1       percent in Queens, 11.7 percent in Brooklyn,

         2       12.1 percent in the Bronx, that that is serious

         3       enough for us to address at this time,

         4       particularly when those who have been

         5       antagonistic and antithetical to the needs of

         6       tenants have been promoting that there's a

         7       solution of just abolishing rent regulations and

         8       rent protection and bringing homes onto the free

         9       market.

        10                      This actually was done after

        11       vacancy deregulation in the early '70s and there

        12       was such a cataclysm that the Republican

        13       Legislature of 1964 passed the Emergency Tenant

        14       Protection Act, as Senator Leichter pointed out,

        15       because, as it was held by the Supreme Court,

        16       there was such a need to address this situation

        17       because there wasn't the housing stock that

        18       could actually keep the convenience of the many

        19       tenants around the state, that there had to be a

        20       point when government stepped in and saved them

        21       before we had the hopeless gentrification of all

        22       our neighborhoods and all our communities.

        23                      And so when we look at this

        24       situation, the problem is that the real issues

        25       have been obfuscated by those who always address







                                                             
2430

         1       these situations in two ways.  They want to find

         2       a way to make you afraid of it and they want to

         3       tell us who's to blame for it.  They want to

         4       make you afraid of the situation by making it

         5       appear that rent regulation has actually

         6       thwarted any new development or new construction

         7       of housing.  They would like to have you believe

         8       that the continuation of rent regulation would

         9       put us in a situation where a number of

        10       landlords would suffer and they wouldn't be able

        11       to gain a profit.

        12                      The studies actually show that 61

        13       percent of the money that is accumulated

        14       actually goes for maintenance.  The other 39

        15       percent goes to debt service and profit and with

        16       our tax laws, the debt service can become

        17       profit.

        18                      If I had a business in which I

        19       could make 40 cents for every dollar I spent, I

        20       think I would be in a pretty good situation, but

        21       the question is for those who wanted to opt out

        22       of it, if this was such a bad thing in 1974,

        23       there was a time right then when landlords could

        24       have opted out of it but they chose to stay in

        25       the program to make themselves available for







                                                             
2431

         1       421-A tax relief and for J-51 tax relief.  Why

         2       did they do it?  Because it was a good business

         3       decision.

         4                      Now, after benefiting from our

         5       tax dollars and provide the broad revenue base

         6       that has allowed landlords to benefit, at this

         7       point they want to stop the situation and now go

         8       to a free market.  It's very easy to stop the

         9       music when you're sitting near a chair, but for

        10       all the people who live in this state, who are

        11       in the situation of possibly losing their homes,

        12       we now see that there shouldn't be that much

        13       fear from continuing rent regulation and rental

        14       stabilization because there isn't really anyone

        15       who's being victimized by the prospect and then

        16       there are the issues of those who apparently are

        17       thought to be benefiting from this, the

        18       so-called hundreds of thousands of people who

        19       make all of this money and get all of these

        20       benefits.  The actuality is that 1996 census

        21       studies show that only 3.4 percent of people

        22       living in rent protected units possibly make

        23       over $100,000 in a family unit.  That may come

        24       out to somewhere in the 30,000s compared to two

        25       million people who are benefiting from this







                                                             
2432

         1       particular situation.

         2                      In fact, in the study of 1995

         3       rent regulation -- rent stabilization and rent

         4       control figures, the average rent controlled

         5       tenant makes an average of $21,600 a year.  That

         6       means half the people might make over it, half

         7       the people might make under it.

         8                      For rent control, the average

         9       salary for people living in rent controlled

        10       units is $12,480 a year, $12,480 a year for

        11       people living under rent control.  22 percent of

        12       people living in rent-stabilized units all over

        13       this state are actually living below the federal

        14       poverty line.  This is not something that is

        15       going to give back money to the already rich.

        16       This is something that is enabling people who

        17       barely can meet the means of existence to

        18       continue living in their units.

        19                      Estimates are that 50 percent -

        20       that 24 percent, rather, of New York City

        21       residents are paying more than 50 percent of

        22       their weekly salaries for rent.  So the old

        23       Keynesian theory that a month's rent is equal to

        24       a week's salary has actually been doubled even

        25       with the process that we have now, but I think







                                                             
2433

         1       the central issues are quite clear but the real

         2       issue that we need to talk about is the actual

         3       issue of leadership.

         4                      Does leadership inevitably mean

         5       control?  I don't think it should be because I

         6       think we need to take a look at what leaders

         7       should actually be.  The leader is the indiv

         8       idual who stands on his or her own judgment.

         9       The non-leader listens to the opinions of

        10       influential others.  The leader thinks.  The

        11       parasite copies.  Leaders produce.  Others

        12       loot.  The leader's conquest is the conquest of

        13       nature.  The non-leader's conquest is a conquest

        14       of other men and women.  Leaders change their

        15       minds through free and open exchange of ideas

        16       and opinions.  Bosses want to regulate

        17       everything, denying any type of individuality

        18       and wanting to robotize everyone in senseless

        19       service to everybody else's agenda but their

        20       own.

        21                      Look at our country.  Everything

        22       we have -- everything we have gained has come

        23       from the independent work of independent minds.

        24       Every horror in destruction has come from

        25       attempts to robotize people, denying thought,







                                                             
2434

         1       denying reason, denying the individual

         2       opportunity to make a decision.

         3                      That is why I feel it is so

         4       important that perhaps it's time to re-examine

         5       even our process in this situation and maybe we

         6       need to examine it on a bipartisan nature.

         7       Maybe when an issue is of such peril that it's

         8       got thousands of people running to meetings

         9       every day of the week right now, frightened that

        10       they will be destabilized from their homes.  It

        11       would break up their neighborhoods and break up

        12       their communities, and yet we talk about family

        13       values, and yet all our actions work against our

        14       neighbors, against their children, against

        15       families and against workers.  If we're really

        16       talking about trying to put a sensible and

        17       achievable goal forward in this chamber, then

        18       we've got to understand that there are certain

        19       emergency situations when it's our job to come

        20       to this floor and act, to stand on our own

        21       judgment.

        22                      Madam President, we come to this

        23       earth really pretty much unarmed.  Our minds are

        24       our only weapon but the blame is an attribute of

        25       the individual.  There is no collective mind.







                                                             
2435

         1       The person who thinks must think and judge for

         2       him or herself.  The reasoning mind cannot be

         3       controlled by any form of compulsion.  It cannot

         4       be subordinated to the needs, opinions or wishes

         5       of others.  It is not an object of sacrifice.  I

         6       don't think anybody should be making any

         7       sacrifices today at the behest of their

         8       neighbors because neighborhoods are more than

         9       just a collection of tall buildings.  They're

        10       more than just a geographic location.  They're

        11       people who live and work and care about each

        12       other and try to improve their communities and

        13       it is under threat, and it's been made very

        14       clear that it's under threat this year and so

        15       what we did today, what Senator Connor did is we

        16       tried to use a procedure that's allowed in this

        17       Senate.  It's been misunderstood in this century

        18       but maybe today is the day that we can finally

        19       begin to open up each other's minds and open up

        20       the process and that 31 of us can get together

        21       today and say, this is important.  This needs to

        22       pass.  This needs to go to the Assembly.  This

        23       needs to become a law that will protect people

        24       through the democracy and through the process

        25       that are the rules of Senate.







                                                             
2436

         1                      THE PRESIDENT:  Senator Waldon.

         2                      SENATOR WALDON:  Thank you very

         3       much, Madam President.

         4                      This is a place today of high

         5       drama.  I remember Shaw said something about the

         6       whole world is a miracle.  He said the whole

         7       world is a stage, and everybody is playing a

         8       part.

         9                      Today I've seen some great parts

        10       being played out on behalf of the people.  The

        11       300,000 people of the 10th Senatorial District

        12       made a decision some time ago and said, Al, go

        13       to Albany and represent our interests, not your

        14       interests, our interests.  56,000 of those

        15       people in the Rockaways are affected by what

        16       we're considering here today.  Of those who live

        17       in Cambria Heights and South Jamaica, 20 percent

        18        -- their rent would increase by 20 percent if

        19       it were not for the vision of Senator Connor

        20       bringing this issue to the floor today for our

        21       consideration.

        22                      On an ethnic note, and those of

        23       you who have the ability to see me from where

        24       you are, I'm very black, I'm very tall; you

        25       wouldn't miss me anywhere.  On an ethnic note,







                                                             
2437

         1       of the 2 million people living in poverty in New

         2       York City, 76.5 percent of them are the black or

         3       Latino.  Of those who are going to benefit by

         4       what Senator Connor is advocating that we do

         5       today, 212,000 of the apartments which have a

         6       rent of $400 or less are occupied by blacks and

         7       Latinos.  50 percent of those people have an

         8       income of under 10,000.  64 percent have an

         9       income under 15,000 and 80 percent have incomes

        10       under 25,000.

        11                      So we're not dealing with Barbra

        12       Streisand in Cambria Heights.  We're not dealing

        13       with Robert DeNiro in South Jamaica.  We're not

        14       dealing with anyone who drives a Rolls Royce in

        15       the Rockaways.  In fact, most of the people in

        16       the Rockaways take a train that's dilapidated,

        17       that's too old and too cold to get to and from

        18       the apartments that we are looking to save

        19       today.

        20                      Now, my friends, in spirit and in

        21       fact, this is not an upstate issue or a

        22       downstate issue.  This is not really a

        23       Republican, in the traditional sense, issue or a

        24       Democrat, in the traditional sense, issue.  This

        25       is the haves versus the have nots.  This is what







                                                             
2438

         1       it's all about.  2,000 -- 2 million -- I'm sorry

         2        -- 311,924 rent-stabilized tenants live in the

         3       city of New York.  127,000 rent-controlled

         4       tenants are in the city of New York.  But only

         5       25,000 landlords are controlling the destiny if

         6       we don't take care of business today of those

         7       innumerable tenants.

         8                      So I can add just a little bit.

         9       Came from P.S. 70 in Brooklyn, Junior High

        10       School 85 in Brooklyn, Boys High School, can add

        11       a little bit and it makes some sense to me that

        12       if I want to survive in this process, but more

        13       importantly if I want to do what the people who

        14       elected me to do, to send me to Albany to do, I

        15       will vote and take care of business on behalf of

        16       2 million-plus people, not the 25,000 landlords

        17       who will make the extraordinary amount of money

        18       as alluded to by my brilliant and capable

        19       colleague, David Paterson:  50 percent increase

        20       in rent in Manhattan, 20 percent over in Cambria

        21       Heights.  It doesn't make sense to vote with the

        22       landlords.

        23                      Now, I would welcome having

        24       dinner with a landlord.  I'm told some of them

        25       are nice people.  I would welcome going into a







                                                             
2439

         1       hotel with the landlord, not to the hotel room

         2       but to the restaurant in the hotel, to hang out

         3       a little bit.  I enjoy a nice cocktail every now

         4       and again, but what I am really about in this

         5       process and what all of us should in my opinion

         6       should be about is taking care of business for

         7       those who are less able to take care of

         8       themselves.

         9                      My brothers and sisters in spirit

        10       and in fact, the people who are least able to

        11       take care of themselves in this particular

        12       battle are the tenants, and so I encourage you

        13       to do the right thing.  Come down on the side of

        14       the tenants.  Vote for the people who are in the

        15       millions versus those who are but 25,000, but

        16       who happen to control the purse strings.

        17                      Let us not get into the pockets

        18       of the purse strings.  Let's get into the hearts

        19       and minds and souls of the tenants of this great

        20       city and great state who are saying to us,

        21       Please take care of business on our behalf.

        22                      I encourage you to support

        23       Senator Connor in what he's doing and support

        24       the ideas that you've heard on this side of the

        25       aisle today.  Those ideas, I assure you, were







                                                             
2440

         1       the righteous ones in this chamber on this

         2       date.

         3                      Thank you very much, Madam

         4       President.

         5                      (Applause)

         6                      THE PRESIDENT:  Senator Gentile.

         7       Senator?

         8                      SENATOR GENTILE:  Thank you.

         9                      Thank you, Madam President.  I

        10       learned a lot about history here today, the

        11       history of the Senate and the procedure of the

        12       Senate.  As one of the new members of this

        13       august chamber, I have a certain advantage, and

        14       that advantage is having a new perspective, not

        15       having that history, having a new perspective on

        16       what should be done and what we should

        17       concentrate on here in this great chamber.

        18                      You know, when I first came to

        19       this chamber back in January, I thought one of

        20       our roles, one of our primary roles was to

        21       protect the welfare of our citizens.  I thought

        22       one of our primary roles was to encourage and

        23       protect stable neighborhoods.  That's what I

        24       thought was going to be our primary agenda

        25       coming here.







                                                             
2441

         1                      (Applause)

         2                      However -- however, what I've

         3       heard here leads me to believe that I may be

         4       wrong.  What I heard here from the Majority is

         5       about bureaucratic moves, about Byzantine

         6       bureaucracy, about faces on how to get things

         7       done.  You know, if we do not discharge this

         8       bill and pass the rent regulation extension,

         9       this will be the most devastating or de

        10       stabilizing action that we possibly could do in

        11       regard to our urban communities.  We need to

        12       stabilize neighborhoods, not destabilize them.

        13                      Rather than encourage people to

        14       stay with reasonable rents to stay in the City,

        15       with reasonable rents and lease protections, we

        16       will drive people out of New York City and all

        17       the other urban areas just as they've done in

        18       Boston and in Cambridge.  You know, not just -

        19       not discharging this bill is what will cause the

        20       real chaos, not bringing the bill to the floor.

        21       That will not be the real chaos.  The real chaos

        22       will not -- will not be discharging this bill

        23       from committee.  We will increase homelessness,

        24       force people into government housing, deny our

        25       seniors the ability to live independently, and







                                                             
2442

         1       also deny our young people from raising their

         2       families in New York.

         3                      You know, and I want to make it

         4       clear to the small home owners and the small

         5       building owners.  This extension does not do

         6       anything new.  This extension does not expand

         7       the coverage to small home owners and to small

         8       building owners with less than six units.  All

         9       this does is continue the same law for the next

        10       four years.  It does not affect the small home

        11       owner or the small building owner and, you know,

        12       I've been saying this to tenants as I've gone

        13       around my district to buildings, have met with

        14       tenants in the lobbies of their buildings and I

        15       get their input when I meet with these tenants

        16       and let me tell you, colleagues, I see the

        17       fright and I see the fear in the eyes, and the

        18       concern in the voices of these people, and it's

        19       not only the seniors I'm talking about.  These

        20       are the people who do the bake sales, who run

        21       Little Leagues and the P-TAs in my district, who

        22       work for the volunteer groups.

        23                      THE PRESIDENT:  A little order,

        24       please.

        25                      SENATOR GENTILE:  These are the







                                                             
2443

         1       people who are part of the tenant meetings in

         2       the lobbies of the buildings.  They run the

         3       sales, they run the Little Leagues, they run the

         4       civic organizations in my district.  These are

         5       the people that I stand for today in speaking on

         6       behalf of this -- this motion, and lest you

         7       believe there are no tenants in the tree-lined

         8       streets of Bay Ridge, Bensonhurst, Staten

         9       Island, let me tell you, I stand for the 15,000

        10       units of -- of rental housing units that are

        11       regulated in Sunset Park.  I stand for the

        12       17,000 units that are regulated in Bay Ridge.  I

        13       stand for the 21,000 units that are regulated in

        14       Bensonhurst.  I stand for the 10,500 units that

        15       are regulated in Borough Park, and I stand for

        16       the 7,200 units that are regulated on the north

        17       shore of Staten Island.

        18                      I stand for these people who have

        19       median incomes of between $12,000 and $24,000 in

        20       my district.  I stand for these people who are

        21       using between 29 percent and 42 percent of their

        22       income to pay their rent right now.  We are not

        23       talking about wealthy people.  These are the

        24       moms and dads and the seniors that make our

        25       cities great.







                                                             
2444

         1                      What more can we ask of them?

         2       What more? They keep our neighborhoods strong.

         3       They keep them stable.  What more can we ask of

         4       them? What we can ask of you is to discharge

         5       this bill today.

         6                      (Applause)

         7                      THE PRESIDENT:  Senator Mendez.

         8                      SENATOR MENDEZ:  Madam President,

         9       I -- the issue of whether or not we're voting on

        10       a procedural situation is not that important to

        11       me.  In my 19 years serving in this chamber, I

        12       have never ever seen a motion to discharge being

        13       passed by any of the members sitting on the -

        14       of this chamber, so it's not a very vague

        15       impression to realize that we are on the one

        16       side dealing with an issue that is causing

        17       tremendous anxiety on so many people.

        18                      In my district the word has gone

        19       around that public housing was going to be

        20       privatized.  You have no idea, Madam President,

        21       the suffering and anxiety that constituents of

        22       mine, in the various projects in my district are

        23       going through thinking that that is going to be

        24       a fact pretty soon.

        25                      At the same time in my district







                                                             
2445

         1       which has a lot of poor, hard working poor

         2       people, low middle class and middle class, the

         3       same situation is going on and on and on, and

         4       when I say to you, Madam President, that this is

         5       very distressing with me, it is because I don't

         6       think in approaching any kind of public policy

         7       we do have the right to allow individuals to

         8       suffer this tremendous anxiety for something

         9       that has not been brought about yet.

        10                      So I say Senator Bruno is

        11       correct.  This motion to discharge is not going

        12       to go anywhere -- anywhere.  On the other hand,

        13       when I saw the issue of leadership was raised

        14       here by Senator Paterson, I say to my

        15       colleagues, well, maybe if this motion to

        16       discharge would pass this chamber today, maybe

        17       that will hasten the process, will hasten the

        18       process through which all the parties involved,

        19       the ones that do have the power to resolve this

        20       very important issue, would sit down sooner and

        21       allay the fears that so many people in New York

        22       State are suffering.

        23                      So being a realist, I believe

        24       that this motion is not going to go anywhere.

        25       Being a positive person, I do hope that the fact







                                                             
2446

         1       that so many people came here to let everybody

         2       here in this chamber see with their own eyes how

         3       they feel, how anxious they feel, thinking that

         4       if those rent control laws are allowed to sun

         5       set, there'll be tremendous chaos, people

         6       thinking where in the world I'm going to move,

         7       people rooted in their own communities, people

         8       with their children going to the local schools,

         9       that that is going to be a horrible situation

        10       and the funny thing is that finally in the city

        11       of New York, because of the -- excuse me,

        12       because of the decreasing crime there has been

        13       an increase of people, senior citizens not

        14       working poor but lower class and middle class,

        15       that have moved back to the City that are going

        16       to the theatre, they're spending money in

        17       restaurants, that they are coming and adding to

        18       the tax base.

        19                      Well, I hope that when the final

        20       analysis, the whole situation is dealt with,

        21       that they are in the same manner which I

        22       appreciate that the poor and the working poor,

        23       the disabled in my district, will be protected

        24       because they will benefit because they will be

        25       protected under Senator Bruno's idea of what to







                                                             
2447

         1       do with rent control.

         2                      I hope that also those who make

         3       $250,000 -- listen to me, Madam President, those

         4       individuals in the city of New York are not

         5       millionaires because of the high taxes.  If they

         6       live in a neighborhood that is nice, then they

         7       pay high rent even though they are rent

         8       stabilized.  They have children going to

         9       college, so people with incomes up to $250,000,

        10       they should not be considered millionaires

        11       because they are not.

        12                      So I do still hope that some of

        13       my friends across the aisle will -- might engage

        14       in living dangerously and voting for the first

        15       time in this -- on this motion to discharge this

        16       bill because, as I said before, it would in fact

        17       maybe hasten pressure, even concern to meet

        18       sooner and find the kind of solution that is

        19       needed to resolve this.  But an extension of the

        20       rent control bills as is, I think, it's a time,

        21       it's something that should be acted upon now.

        22                      Thank you, Madam President.

        23                      THE PRESIDENT:  Thank you,

        24       Senator Mendez.

        25                      (Applause)







                                                             
2448

         1                      THE PRESIDENT:  Senator

         2       Oppenheimer.

         3                      SENATOR OPPENHEIMER:  Am I up?

         4       Yes.  Well, I -- I don't see this as a

         5       procedure.  I see it as an opportunity for us to

         6       speak on what I consider is a very real issue

         7       and I think it's really the essence of life.  I

         8       think shelter is the very essence of life for

         9       our poorer residents in the state, and I truly

        10       don't want to be simplistic, but what is -- has

        11       more truth and what is more fundamental than you

        12       will excuse me, the Bible, which says that it is

        13       our obligation to house the homeless and to feed

        14       the hungry, and that is the very essence of life

        15       and that is of such -- it is of such dire

        16       consequence to our poorer residents in this

        17       state.  If you don't think you want to do it

        18       because it's the right thing to do, then I think

        19       you have to do it because it's the right thing

        20       for the state of New York.

        21                      I really have to speak about the

        22       housing shortage in my county which is

        23       Westchester County, and I must say that we have

        24       a great many frightened tenants in the county of

        25       Westchester.  Our rental apartments in







                                                             
2449

         1       Westchester have become frightfully, frightfully

         2       costly, because we are a county that has

         3       experienced that gentrification that was

         4       mentioned earlier.  Without this, I do not know

         5       what many, many of our residents would do.

         6                      We happen presently to have the

         7       highest per capita homelessness in the state of

         8       New York, and I think it is quite likely that we

         9       have it in the entire United States.  It is a

        10       very -- Westchester County is a very complex

        11       county now because we are changing demographic

        12       ally so rapidly.  We have pockets of intense

        13       poverty, and it would be catastrophic if we did

        14       not have the rent stabilization and rent control

        15       and I have heard from many mayors and

        16       supervisors in Westchester County, of both

        17       political parties, and they all are begging us,

        18       please do not change rent control and rent

        19       stabilization.  It is essential to our county,

        20       and you know, we now have, you know, this image

        21       of Westchester simply is not valid any more.  We

        22       have 135 soup kitchens.  We have all these

        23       homeless, and we cannot cope if we do not have

        24       the protection of the rent laws.

        25                      I'd like to just address one







                                                             
2450

         1       other issue, and that is I've been very upset by

         2       the fact that we are holding important issues

         3       hostage to the budget process.  It is simply bad

         4       government.  It is bad democracy.  It is bad

         5       representation of our constituencies.  It dis

         6       allows any thoughtful discussion.  I am the past

         7       president of a good government group.  It is

         8       almost embarrassing for me to be in a government

         9       that permits such little opportunity for -- for

        10       civilized discussion of major issues that are of

        11       extreme importance to the state of New York and

        12       to all the people in this state.

        13                      I do believe that our state

        14       government needs some correction, and I think we

        15       are probably one of the most closed governments

        16       of any of the 50 states, and I certainly hope

        17       that we can work to improve that.

        18                      (Applause)

        19                      THE PRESIDENT:  Senator Onorato.

        20                      SENATOR ONORATO:  Madam

        21       President, I rise today to explain my position

        22       on this, and I want to preface my remarks to

        23       Senator Bruno.  I don't live in a rent

        24       stabilized or rent-controlled apartment.  I

        25       don't receive SCRE.  I don't receive TAP or any







                                                             
2451

         1       of the other, but I have voted for all of the

         2       above-mentioned figures that I just mentioned

         3       now.

         4                      Today we're discussing a motion

         5       to discharge.  It's been categorized as a

         6       procedural motion.  Well, that seems to be about

         7       the only thing that's left to us on this side of

         8       the aisle, to get our voices heard on any

         9       particular worthwhile matter.  I was just

        10       speaking to my Assemblyman.  He just informs me

        11       that they're going through motions to discharge

        12       by the Minority in the Assembly right now.

        13                      So basically what I consider this

        14       procedural motion right now is our 911 call.

        15       911 call is also a procedural call, but you're

        16       hoping when that 911 call goes to the police or

        17       to the ambulance that an immediate response is

        18       forthcoming, and this is what we're asking of

        19       our colleagues today.  They call it procedural.

        20       We call it 911.  Help us to help these people

        21       who have come up here today not to ask us for

        22       money, to put more money into the budget process

        23       but perhaps to save us a great deal of money in

        24       the future by preventing them from becoming

        25       homeless, and then we all of a sudden find the







                                                             
2452

         1       money not to provide them with some rent

         2       assistance but we can find thousands of dollars

         3       to put them up in hotels when we couldn't afford

         4       to give them a couple of hundred dollars to keep

         5       them in the apartments that they're living in.

         6                      (Applause).

         7                      Call it what you want, procedural

         8       or 911, but let us respond to this motion in a

         9       favorable manner.

        10                      Thank you.

        11                      (Applause)

        12                      THE PRESIDENT:  Is there anyone

        13       else who wishes to speak on the motion?

        14                      (There was no response. )

        15                      On the motion to discharge, all

        16       in favor.

        17                      SENATOR CONNOR:  Slow roll call.

        18                      THE PRESIDENT:  Yes, a slow roll

        19       call, please, on the motion to discharge.  Call

        20       the roll, please.

        21                      THE SECRETARY:  Senator Abate.

        22                      SENATOR ABATE:  Yes.

        23                      THE SECRETARY:  Senator Alesi.

        24                      SENATOR ALESI:  No.

        25                      THE SECRETARY:  Senator Breslin.







                                                             
2453

         1                      SENATOR BRESLIN:  Yes.

         2                      THE SECRETARY:  Senator Bruno.

         3                      SENATOR BRUNO:  No.

         4                      THE SECRETARY:  Senator Connor.

         5                      SENATOR CONNOR:  Yes.

         6                      THE SECRETARY:  Senator Cook.

         7                      SENATOR COOK:  No.

         8                      THE SECRETARY:  Senator

         9       DeFrancisco.

        10                      (There was no response. )

        11                      Senator Dollinger.

        12                      (There was no response. )

        13                      Senator Farley.

        14                      SENATOR FARLEY:  No.

        15                      THE SECRETARY:  Senator Gentile.

        16                      SENATOR GENTILE:  Yes.

        17                      THE SECRETARY:  Senator Gold.

        18                      SENATOR GOLD:  Thank you.

        19                      THE PRESIDENT:  Senator Gold.

        20                      SENATOR GOLD:  Madam President,

        21       if I could briefly explain my vote, I want to

        22       thank Senator Hoffmann for -- as being not only

        23       a member of our Conference but for sensitizing

        24       me as to farm issues and upstate issues.  I want

        25       to thank Senator Stachowski, Senator Nanula for







                                                             
2454

         1       sensitizing me as to issues in that Buffalo

         2       area.  Senator Dollinger, thank you, I think I

         3       understand the problems of Rochester a little

         4       more, and that reflects on my vote, and I want

         5       to thank those colleagues on the other side,

         6       Senator Goodman and Senator Velella and Senator

         7       Skelos and others who have been able to

         8       sensitize me to appreciating the problems we

         9       have in the city of New York.

        10                      I know that one of the arguments

        11       that I hear all of the time is that it's good to

        12       have a few Republicans in the Republican

        13       Majority because, after all, they can explain

        14       some problems of the City to their colleagues,

        15       and it seems to me that today is sort of a test

        16       of their potency or impotency when it comes to

        17       whether or not they are able to sensitize their

        18       colleagues and, to tell you the truth, I'm root

        19       ing for you, because if somebody put a lie

        20       detector on my arm and asked me whether Senator

        21       Roy Goodman is sincere, I would have to say yes

        22       or that machine would tell me I'm a liar.

        23                      But I think we need more than

        24       just sincerity and a vote from one or two City

        25       members.  We need a Conference on the other side







                                                             
2455

         1       that doesn't spit in the eye of its own

         2       Republican members from the city of New York

         3       and will come out today and give them some

         4       support.

         5                      I vote in the affirmative.

         6                      THE SECRETARY:  Senator

         7       Gonzalez.

         8                      (There was no response. )

         9                      Senator Goodman.

        10                      SENATOR GOODMAN:  Yes.

        11                      THE SECRETARY:  Senator Hannon.

        12                      SENATOR HANNON:  No.

        13                      THE SECRETARY:  Senator

        14       Hoffmann.

        15                      (There was no response. )

        16                      Senator Holland.

        17                      SENATOR HOLLAND:  No.

        18                      THE SECRETARY:  Senator Johnson.

        19                      SENATOR JOHNSON:  No.

        20                      THE SECRETARY:  Senator Kruger.

        21                      SENATOR KRUGER:  Yes.

        22                      THE SECRETARY:  Senator Kuhl.

        23                      SENATOR KUHL:  No.

        24                      THE SECRETARY:  Senator Lachman.

        25                      SENATOR LACHMAN:  Yes.







                                                             
2456

         1                      THE SECRETARY:  Senator Lack.

         2                      SENATOR LACK:  No.

         3                      THE SECRETARY:  Senator Larkin.

         4                      SENATOR LARKIN:  No.

         5                      THE SECRETARY:  Senator LaValle.

         6                      SENATOR LAVALLE:  No.

         7                      THE SECRETARY:  Senator Leibell.

         8                      SENATOR LEIBELL:  No.

         9                      THE SECRETARY:  Senator

        10       Leichter.

        11                      SENATOR LEICHTER:  Yes.

        12                      THE SECRETARY:  Senator Levy.

        13                      SENATOR LEVY:  No.

        14                      THE SECRETARY:  Senator Libous.

        15                      SENATOR LIBOUS:  No.

        16                      THE SECRETARY:  Senator Maltese.

        17                      (There was no response. )

        18                      Senator Marcellino.

        19                      SENATOR MARCELLINO:  No.

        20                      THE SECRETARY:  Senator Marchi.

        21                      SENATOR MARCHI:  No.

        22                      THE SECRETARY:  Senator

        23       Markowitz.

        24                      SENATOR MARKOWITZ:  Yes.

        25                      THE SECRETARY:  Senator Maziarz.







                                                             
2457

         1                      SENATOR MAZIARZ:  No.

         2                      THE SECRETARY:  Senator Meier.

         3                      (There was no response. )

         4                      Senator Mendez.

         5                      SENATOR MENDEZ:  Yes.

         6                      THE SECRETARY:  Senator

         7       Montgomery.

         8                      SENATOR MONTGOMERY:  Yes.

         9                      THE SECRETARY:  Senator Nanula.

        10                      SENATOR NANULA:  Yes.

        11                      THE SECRETARY:  Senator

        12       Nozzolio.

        13                      (There was no response. )

        14                      Senator Onorato.

        15                      SENATOR ONORATO:  Yes.

        16                      THE SECRETARY:  Senator

        17       Oppenheimer.

        18                      SENATOR OPPENHEIMER:  Yes.

        19                      THE SECRETARY:  Senator Padavan.

        20                      SENATOR PADAVAN:  Yes.

        21                      THE SECRETARY:  Senator

        22       Paterson.

        23                      SENATOR PATERSON:  Yes.

        24                      THE SECRETARY:  Senator Present.

        25                      SENATOR PRESENT:  No.







                                                             
2458

         1                      THE SECRETARY:  Senator Rath.

         2                      (There was no response. )

         3                      Senator Rosado.

         4                      SENATOR ROSADO:  Yes.

         5                      THE SECRETARY:  Senator Saland.

         6                      SENATOR SALAND:  No.

         7                      THE SECRETARY:  Senator Sampson.

         8                      SENATOR SAMPSON:  Madam

         9       Chairperson.

        10                      THE PRESIDENT:  Yes, Senator

        11       Sampson.

        12                      SENATOR SAMPSON:  I'd like a

        13       point of order.  The rules do allow a member to

        14       be excused because of pecuniary or personal

        15       interest before this body.  I wish to advise

        16       this body that on occasions I had an opportunity

        17       to represent both landlords and tenants in my

        18       practice; that is being a subject of these laws,

        19       so at this point in time, I wish a ruling as to

        20       whether or not I can abstain.

        21                      THE PRESIDENT:  O.K. Just a

        22       moment.

        23                      SENATOR PATERSON:  Madam

        24       President.

        25                      THE PRESIDENT:  Is there any







                                                             
2459

         1       objection?

         2                      SENATOR PATERSON:  Yes.

         3                      THE PRESIDENT:  Senator

         4       Paterson.

         5                      SENATOR PATERSON:  Party vote in

         6       the negative, Madam President.  Party vote in

         7       the negative.

         8                      THE PRESIDENT:  We need the

         9       consent of two-thirds of the Senators present.

        10       Just one moment, Senator.

        11                      Senator, the point is not well

        12       taken.  It will be necessary for you to vote.

        13                      SENATOR SAMPSON:  May I explain

        14       my vote?

        15                      THE PRESIDENT:  Yes.

        16                      SENATOR SAMPSON:  My heart is

        17       against this motion because it fails to strike

        18       the balance.  It fails to provide equity and/or

        19       achieve the fairness for a countless number of

        20       small landlords struggling under the yoke of

        21       rent control.  My heart is heavy -

        22                      THE PRESIDENT:  Order, please.

        23                      SENATOR SAMPSON:  My heart is

        24       heavy because the debate surrounding this issue

        25       has been shaped by two supreme proposals.  The







                                                             
2460

         1       one on the far right calls for me sitting idly

         2       by and allowing rent control to expire, thus

         3       threatening the poor, the disabled and the

         4       seniors in my district which I'm very extremely

         5       concerned about.  On the far left side, we call

         6       for extending a system basically a status quo

         7       that is currently, ladies and gentlemen, not

         8       working.

         9                      In 1993 we passed the same bill

        10       to extend it for four years.  Now in 1997, now

        11       we're proposing to extend it another four

        12       years.  What are we going to do in the interim?

        13       The tenants deserve more.  They don't deserve a

        14       four-year lease.  They deserve a lifetime lease

        15       to determine their fate.

        16                      Now, ladies and gentlemen, let's

        17       be clear.  My district is comprised of small

        18       home owners who are victimized by the courts, by

        19       DHCR, by the New York City Housing Authority,

        20       but what is most interesting, ladies and

        21       gentlemen, is that the landlords support in my

        22       district, support rent control to some extent.

        23       They don't, however, support the current system

        24       and so it's to that end I am confronted with a

        25       dilemma which there is no middle ground.







                                                             
2461

         1                      You see, I was voted into this

         2       office on a platform of change.  These two offer

         3       no proposed change.  They, therefore, don't

         4       represent the interest of my community, but

         5       nonetheless, ladies and gentlemen, I am faced

         6       with these choices and these two choices alone.

         7                      I fear doing nothing would do a

         8       disservice to my constituents and do a dis

         9       service to the people who voted and put me in

        10       office.  Therefore, Madam Chair, I vote with my

        11       Conference and I vote in the affirmative, but,

        12       ladies and gentlemen, let's not sit by for

        13       another four years and let nothing happen.

        14                      A commission should be put

        15       together to look at these rent regulations

        16       because obviously these laws are not working.

        17       There is some change that we need, but they need

        18       to work.  We can not torment tenants and say,

        19       Well, there's a possibility you may go homeless,

        20       you know.  I myself was homeless for a couple of

        21       days when my apartment burned down when I was in

        22       law school, and that's very concerning to me and

        23       concerning to my constituents, but what we have

        24       to do is we have to protect the disabled, the

        25       seniors and the poor, but we can no longer sit







                                                             
2462

         1       back and wait another four years and do

         2       nothing.

         3                      We need to deal with the issue

         4       now because another four years the same tenants,

         5       ladies and gentlemen, up in the chamber, you're

         6       going to be back here four years again being

         7       concerned about whether or not I'm going to be

         8       put out of my apartment.  What we should be

         9       concerned about is passing some sort of

        10       legislation which would give them some security,

        11       not only to the tenants but to the small

        12       landowners.  Just because you're a small

        13       landowner does not mean -

        14                      THE PRESIDENT:  Excuse me,

        15       Senator Sampson.

        16                      SENATOR SAMPSON:  Thank you,

        17       Madam President.

        18                      THE PRESIDENT:  We'll record your

        19       vote in the affirmative.

        20                      Continue the slow roll call,

        21       please.

        22                      THE SECRETARY:  Senator

        23       Santiago.

        24                      SENATOR SANTIAGO:  Yes.

        25                      THE SECRETARY:  Senator Seabrook.







                                                             
2463

         1                      SENATOR SEABROOK:  Yes.

         2                      THE SECRETARY: Senator Seward.

         3                      SENATOR SEWARD: No.

         4                      THE SECRETARY:  Senator Skelos.

         5                      SENATOR SKELOS:  No.

         6                      THE SECRETARY:  Senator Smith.

         7                      SENATOR SMITH:  Yes.

         8                      THE SECRETARY:  Senator Spano.

         9                      SENATOR SPANO:  No.

        10                      THE SECRETARY:  Senator

        11       Stachowski.

        12                      SENATOR STACHOWSKI:  Yes.

        13                      THE SECRETARY:  Senator

        14       Stafford.

        15                      SENATOR STAFFORD:  No.

        16                      THE SECRETARY:  Senator

        17       Stavisky.

        18                      SENATOR STAVISKY:  To explain my

        19       vote.

        20                      THE PRESIDENT:  Senator

        21       Stavisky.

        22                      SENATOR STAVISKY:  The current

        23       rent control legislation allows for increases

        24       every year.  Additionally landlords may obtain

        25       increases based upon the services and repair and







                                                             
2464

         1       upgrade of the buildings, major capital

         2       improvements and -- even hard to think.  In the

         3       absence of any clearly defined plan to the

         4       contrary, perpetuation, continuation of the

         5       current rent regulations for four more years is

         6       absolutely essential to the stability of

         7       neighborhoods such as those that I represent and

         8       those that some of the members of the Republican

         9       Party represent, and I would hope that they

        10       would take that into account.

        11                      Do not be afraid of change.

        12       There had never been an override of the

        13       Governor's veto in New York State in 104 years

        14       but this Legislature, previous Legislature,

        15       showed the courage on an issue where Senator

        16       Goodman and I were linked together on a

        17       Stavisky-Goodman Law.

        18                      We were right in doing that,

        19       overriding the governor of my party, and I urge

        20       you to override through conviction the

        21       statements that have been made by the leader of

        22       your party here today.

        23                      I vote in the affirmative.

        24                      (Applause)

        25                      THE PRESIDENT:  Thank you.







                                                             
2465

         1       Senator, your vote will be recorded in the

         2       affirmative.  Please continue the slow roll

         3       call.

         4                      THE SECRETARY:  Senator Trunzo.

         5                      SENATOR TRUNZO:  No.

         6                      THE SECRETARY:  Senator Tully.

         7                      SENATOR TULLY:  No.

         8                      THE SECRETARY:  Senator Velella.

         9                      (There was no audible response).

        10                      THE SECRETARY:  Senator Volker.

        11                      SENATOR VOLKER:  No.

        12                      THE SECRETARY:  Senator Waldon.

        13                      (Affirmative indication.)

        14                      THE SECRETARY:  Aye.

        15                      Senator Wright.

        16                      SENATOR WRIGHT:  No.

        17                      THE PRESIDENT:  Absentees,

        18       please.

        19                      THE SECRETARY:  Senator

        20       DeFrancisco.

        21                      SENATOR DeFRANCISCO:  No.

        22                      THE SECRETARY:  Senator

        23       Dollinger.

        24                      SENATOR DOLLINGER:  Explain my

        25       vote, Madam President.







                                                             
2466

         1                      THE PRESIDENT:  Senator

         2       Dollinger.

         3                      SENATOR DOLLINGER:  I represent

         4       no one who lives either in rent-controlled or

         5       rent-stabilized apartments, so maybe I'm the

         6       wrong guy to talk about this, but in 1992, and

         7       in 1994, I was affected by this debate because

         8       the Rent Stabilization Association which had

         9       given substantial amounts of political

        10       contributions found their way to Monroe County

        11       in upstate New York and invested in someone who

        12       ran against me, who apparently would have sided

        13       and voted no on this motion.

        14                      Well, I'm here today because I

        15       want to vote yes.  I'm going to vote yes, Madam

        16       President, and for me it's a very simple

        17       choice.  I have always voted for motions to

        18       discharge.  I'm going to continue to vote for

        19       them because they represent a very simple

        20       choice.  The choice is heavy handed democracy

        21       that stifles debate, that stifles discussion,

        22       that stifles an opportunity for the will of the

        23       people of this state to be heard.

        24                      If you vote no on this motion

        25       you're voting in favor of that kind of







                                                             
2467

         1       democracy.  If you vote yes in this instance as

         2       the people in this gallery attest, you're voting

         3       yes for people's homes, that depend on your

         4       vote.  It's that simple.  Forget all the

         5       procedural talk, all this talk about procedure

         6       and substance.  That's political gobbledegook.

         7       If you support the tenants, vote yes as I do.

         8                      (Applause)

         9                      THE PRESIDENT:  Senator Dollinger

        10       will be recorded in the affirmative.

        11                      Continue the slow roll call,

        12       please, the absentees.

        13                      THE SECRETARY:  Senator

        14       Gonzalez.

        15                      (There was no response. )

        16                      Senator Maltese.

        17                      SENATOR MALTESE:  Nay.

        18                      THE SECRETARY:  Senator Meier.

        19                      SENATOR MEIER:  No.

        20                      THE SECRETARY:  Senator

        21       Nozzolio.

        22                      SENATOR NOZZOLIO:  No.

        23                      THE PRESIDENT:  Oh, Senator

        24       Hoffmann.

        25                      SENATOR HOFFMANN:  I'd like to







                                                             
2468

         1       explain my vote, Madam President.

         2                      Like Senator Bruno, I live on a

         3       farm in upstate New York.  This is not an issue

         4       that affects me personally.  It's not an issue

         5       that affects any member of my family nor does it

         6       affect any of my constituents, but what does

         7       affect my constituents is the appearance that

         8       strong leader control of this chamber can stifle

         9       even a procedural vote on a measure to come to

        10       the floor.

        11                      The district that I represent is

        12       overwhelmingly Republican.  Senator Bruno has

        13       chosen today to characterize things in the most

        14       partisan terms, as if Republican philosophy and

        15       Democratic philosophy are totally antithetical

        16       on this issue and many others, but that is not

        17       the way the taxpayers of this state think and

        18       operate, and they will repudiate this action on

        19       this day on the next opportunity they have to

        20       come to the ballot boxes.

        21                      (Applause)

        22                      THE PRESIDENT:  Order, please.

        23                      SENATOR HOFFMANN: Now, I would

        24       care to hazard a guess that within the ranks of

        25       Democratic and Republican elected officials







                                                             
2469

         1       across this state, there is a wide divergence of

         2       opinion on rent control as with every other

         3       issue, but the minute people are locked into

         4       marching in lockstep the way they are in this

         5       Legislature, you have set up the situation that

         6       cries out for reform.

         7                      I vote yes on procedure motions

         8       to give people an opportunity to express

         9       themselves publicly, fairly and with integrity,

        10       and I hope that the day will come when everyone

        11       in this state can say that they know all of

        12       their Senators do the same.

        13                      (Applause)

        14                      THE PRESIDENT:  Thank you,

        15       Senator.

        16                      The results, please.

        17                      THE SECRETARY:  Ayes 27, nays

        18       32.

        19                      SENATOR PATERSON:  Madam

        20       President.

        21                      THE PRESIDENT:  I'm sorry.

        22       Senator Mary Lou Rath's vote was not called.

        23                      THE SECRETARY:  Senator Rath.

        24                      SENATOR RATH:  No.

        25                      SENATOR PATERSON:  Madam







                                                             
2470

         1       President.

         2                      THE PRESIDENT:  Senator

         3       Paterson.

         4                      I would -- we would like to be

         5       read back a detailed statement of this slow roll

         6       call, if it would -- if the Chair would

         7       accommodate us.

         8                      THE PRESIDENT:  Yes.  Will the

         9       Secretary read, please.

        10                      THE SECRETARY:  Those recorded in

        11       the negative: Senator Alesi, Bruno, Cook,

        12       DeFrancisco, Farley, Hannon, Holland, Johnson,

        13       Kuhl, Lack, Larkin, LaValle, Leibell, Levy,

        14       Libous, Maltese, Marcellino, Marchi, Maziarz,

        15       Meier, Nozzolio, Present, Rath, Saland, Seward,

        16       Skelos, Spano, Stafford, Trunzo, Tully, Velella,

        17       Volker and Wright.  Nays 33.

        18                      Those recorded in the

        19       affirmative: Abate, Breslin, Connor, Dollinger,

        20       Gentile, Gold, Hoffmann, Kruger, Lachman,

        21       Leichter and Markowitz, Mendez, Montgomery,

        22       Nanula, Onorato, Oppenheimer, Paterson, Rosado,

        23       Sampson, Santiago, Seabrook, Smith, Stachowski,

        24       Stavisky and Waldon.  Ayes 27.  Gonzalez,

        25       absent.







                                                             
2471

         1                      SENATOR CONNOR:  Excuse me, I

         2       didn't here Senator Goodman mentioned on that

         3       roll call.

         4                      THE PRESIDENT:  Senator Goodman.

         5       Would you reiterate his vote, please.

         6                      THE SECRETARY:  Senator Goodman

         7       in the affirmative.

         8                      THE PRESIDENT:  Thank you.  Would

         9       you like to repeat the results, please.

        10                      THE SECRETARY:  Ayes 27, nays

        11       33.

        12                      THE PRESIDENT:  The motion to

        13       discharge is defeated.

        14                      Senator Oppenheimer.  Oh, Senator

        15       Bruno.

        16                      SENATOR BRUNO:  Madam President,

        17       I believe there's another motion to discharge to

        18       be brought before the floor.

        19                      THE PRESIDENT:  Yes.  Secretary

        20       will read.

        21                      Senator Oppenheimer, the

        22       Secretary will read.

        23                      Order.

        24                      THE SECRETARY:  By Senator

        25       Oppenheimer, Senate Print 3855, requires







                                                             
2472

         1       electronic system be developed by state Board of

         2       Elections.

         3                      SENATOR OPPENHEIMER:  Madam

         4       President.

         5                      THE PRESIDENT:  Senator

         6       Oppenheimer.

         7                      Could we have it quiet in the

         8       chamber, please.  Senator Oppenheimer is

         9       speaking.

        10                      SENATOR OPPENHEIMER:  This bill,

        11       I will talk briefly on, as I was not aware this

        12       was coming up today.  I don't have my

        13       information with me.  I can merely say that this

        14       is something that is desperately needed

        15       particularly if we're going to try to advance

        16       movement toward some good government.

        17                      Right now, as many people know,

        18       the record on our campaign contributions are

        19       sent in -- very often are sent in in illegible

        20       handwriting, and they are very difficult to -

        21       to read.

        22                      THE PRESIDENT:  Excuse me,

        23       Senator Oppenheimer.  Out of respect for Senator

        24       Oppenheimer, could we please have it quiet in

        25       the chamber.







                                                             
2473

         1                      Go ahead, Senator Oppenheimer.

         2                      SENATOR OPPENHEIMER:  In addition

         3       to having our records sent in in any number of

         4       ways, most -- many of which may be illegible,

         5       they are merely kept in a file and unless

         6       requested out, they are never shown to the

         7       public and indeed when the public comes and

         8       wants to see our campaign financial records they

         9       have to pay for them.

        10                      What will happen under campaign

        11       computerization will be really an opportunity

        12       for the citizenry to see how we finance our

        13       campaigns.  It will be a move toward good

        14       government.  It will permit computerization that

        15       will allow the public very rapidly, within a

        16       matter of several hours, to know exactly where

        17       the money is coming into our campaigns, and it

        18       will be legible, and it will be open to every

        19       one in the entire state who wants to look at the

        20       figures, wants to read who our contributors are

        21       and it will be a major step, a major movement

        22       toward good government and honest government and

        23       I think it is something that we owe the citizens

        24       of the state of New York.

        25                      I am going to ask my colleague,







                                                             
2474

         1       Senator Breslin, to continue with this.

         2                      THE PRESIDENT:  Thank you.

         3       Senator Breslin.

         4                      SENATOR BRESLIN:  Madam

         5       President, I would add that this past election I

         6       was the first candidate in the history of New

         7       York to go on line with campaign contributions.

         8       It's a necessary time, an important time, to

         9       allow anybody who considers a candidate to be

        10       able to know how that candidate is being

        11       supported, and to do it quickly and with little

        12       expense.  If you don't have your computer in

        13       your home, you can go to the most -- the nearest

        14       library.  It's time for us to come into the 20th

        15       century, to allow all those people to have as

        16       much information as they can, before they

        17       decide.

        18                      Thank you.

        19                      THE PRESIDENT:  Would anyone else

        20       like to speak on the motion?

        21                      SENATOR LEICHTER:  Madam

        22       President.

        23                      THE PRESIDENT:  Oh, Senator

        24       Leichter, I'm sorry.  I didn't see you there.

        25                      SENATOR LEICHTER:  Madam







                                                             
2475

         1       President, this is an extremely important

         2       issue.  The fact is that it is more difficult in

         3       this state than in almost any other state to

         4       find out what campaign contributions have been

         5       made.  We may have some differences among us as

         6       to who should contribute and in what amounts,

         7       but I don't think that anybody can get up here

         8       on the floor and say the public has no right to

         9       know what campaign contributions are being made

        10       and, while you may retort, Well, there's all

        11       these filings at the Board of Elections, let me

        12       tell you, I spent a lot of time this year and my

        13       staff has, checking records and it is so

        14       difficult, it is almost impossible, records are

        15       filed that are totally unintelligible.  Records

        16       are filed in different places.  It is -- it

        17       takes Herculean labors to try to put together to

        18       get an overall picture.

        19                      The campaign finance laws in this

        20       state are such a disgrace, it sullies each and

        21       everyone who is in politics or whatever our

        22       political views are.  I think that we want to

        23       have a clean and honest system.  Now, I will

        24       make -- have some motions to discharge tomorrow

        25       on campaign financing, but the first step, the







                                                             
2476

         1       very first step that we have to take is to have

         2       adequate, clear records and in an age of comput

         3       erization, when it's possible to pull up so much

         4       information so quickly in such a coherent

         5       fashion, to have campaign records that are being

         6       tested that we're still in the days of green eye

         7       shades and quills is a disgrace, and neither the

         8       Assembly nor the Senate can justify to the

         9       people of the state of New York the usual Albany

        10       impasse, well, they want this and we want that,

        11       and so on.

        12                      It ought to be perfectly clear

        13       and obvious what needs to be done and this bill

        14       does it in a fair, correct manner.  I may just

        15       point out, it's my understanding this is the

        16       very same bill that Senator Hoblock introduced

        17       last year, and I give a lot of credit to Senator

        18       Breslin for the steps that he's taken to see

        19       that his campaign records are open, that he

        20       picked up this bill together with Senator

        21       Oppenheimer, and really, let's move in this

        22       area.

        23                      Shouldn't be a partisan issue.

        24       Nobody should question or doubt that the

        25       campaign records ought to be made available in







                                                             
2477

         1       the clearest, simplest technologically most

         2       advanced way so everybody, the public, anyone,

         3       can know what campaign contributions were made.

         4                      THE PRESIDENT:  Senator Leichter,

         5       are you still talking?  Are you finished?

         6                      SENATOR LEICHTER:  He wanted -

         7       Senator Paterson wanted to know if I had any

         8       interest in any computer companies, and so on.

         9       I assured him I didn't.

        10                      THE PRESIDENT:  O.K. Thank you.

        11       Is there anyone else who would like to speak on

        12       this motion? On the motion to discharge, all in

        13       favor please signify by saying aye.

        14                      SENATOR PATERSON:  Party vote in

        15       the affirmative.

        16                      SENATOR SKELOS:  Party vote in

        17       the negative.

        18                      THE PRESIDENT:  The Secretary

        19       will call the roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 25, nays 35,

        22       party vote.

        23                      THE PRESIDENT:  The motion to

        24       discharge is defeated.

        25                      Senator Skelos.







                                                             
2478

         1                      SENATOR SKELOS:  Madam President,

         2       on page number 21, I offer the following

         3       amendments to Calendar Number 439, Senate Print

         4       Number 589, and ask that said bill retain its

         5       place on the Third Reading Calendar.

         6                      THE PRESIDENT:  So ordered.

         7                      SENATOR SKELOS:  Is there any

         8       other housekeeping at the desk?

         9                      THE PRESIDENT:  No.

        10                      SENATOR SKELOS:  There being no

        11        -- there being no further business, I move we

        12       adjourn until Tuesday, April 8th.

        13                      THE PRESIDENT:  Go ahead.  I'm

        14       sorry, Senator Skelos.

        15                      SENATOR SKELOS:  I move we

        16       adjourn until Tuesday, April 8th, at 11:00 a.m.,

        17       and Wednesday we will be meeting at 10:00 a.m.

        18                      THE PRESIDENT:  The Senate stands

        19       adjourned until Tuesday, April 8th, at 11:00

        20       a.m., and also the session on Wednesday will

        21       begin at 10:00 a.m.

        22                      (Whereupon at 5:34 p.m., the

        23       Senate adjourned.)

        24

        25