Regular Session - February 12, 2020

                                                                   708

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 12, 2020

11                      3:46 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR BRIAN A. BENJAMIN, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               709

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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

 9   absence of clergy, let us bow our heads in a 

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, Tuesday, 

16   February 11, 2020, the Senate met pursuant to 

17   adjournment.  The Journal of Monday, February 10, 

18   2020, was read and approved.  On motion, Senate 

19   adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                The Secretary will read.

25                THE SECRETARY:   Senator Jackson 


                                                               710

 1   moves to discharge, from the Committee on 

 2   Housing, Construction and Community Development, 

 3   Assembly Bill Number 2625 and substitute it for 

 4   the identical Senate Bill 3320, Third Reading 

 5   Calendar 390.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   substitution is so ordered.

 8                Messages from the Governor.

 9                Reports of standing committees.

10                Reports of select committees.

11                Communications and reports from 

12   state officers.

13                Motions and resolutions.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Mr. President, 

16   at this time can we please take up previously 

17   adopted Resolution 2719, by Senator Harckham, 

18   have that read in its entirety, and recognize 

19   Senator Harckham.

20                ACTING PRESIDENT BENJAMIN:   The 

21   Secretary will read.

22                THE SECRETARY:   Senate Resolution 

23   2719, by Senator Harckham, congratulating the 

24   Pleasantville Girls Soccer Team upon the occasion 

25   of capturing the New York State Public High 


                                                               711

 1   School Athletic Association Class B Championship.

 2                "WHEREAS, Individual and team 

 3   championships are highly sought after in high 

 4   school sports; this Legislative Body commends 

 5   rare athletic achievements and pays special 

 6   recognition to those who pursue such excellence 

 7   and become examples for the youth of this great 

 8   Empire State; and 

 9                "WHEREAS, Excellence and success in 

10   competitive sports can be achieved only through 

11   strenuous practice, team play and team spirit, 

12   nurtured by dedicated coaching and strategic 

13   planning; and 

14                "WHEREAS, This Legislative Body is 

15   justly proud to congratulate the Pleasantville 

16   Girls Soccer Team upon the occasion of capturing 

17   the New York State Public High School Athletic 

18   Association Class B Championship on Sunday, 

19   November 17, 2019, in Cortland, New York; and 

20                "WHEREAS, To the praise and applause  

21   of their excited fans, the Panthers were able to 

22   surmount their opponents in the New York State 

23   Championship game and accomplish the utmost high 

24   school sporting accomplishment in this great 

25   Empire State; and 


                                                               712

 1                "WHEREAS, The Pleasantville Panthers 

 2   ended a very successful season, finishing with an 

 3   overall record of 20-1-2, and capped their 

 4   historic season off with a 3-2 victory over 

 5   Section 3 Champion Central Valley Academy to 

 6   secure the programs first Class B New York State 

 7   Girls Soccer Championship; and 

 8                "WHEREAS, In a sport such as soccer, 

 9   which demands athletic prowess, speed and 

10   agility, and mental toughness, Head Coach Chris 

11   Osterhoudt and his expert coaching staff worked 

12   hard to hone the skills of this championship  

13   team, teaching these outstanding athletes lessons 

14   which will prove invaluable both on and off the 

15   pitch; and 

16                "WHEREAS, Coach Osterhoudt and all 

17   of the outstanding athletes on the Pleasantville 

18   High School Girls Soccer Team have clearly 

19   utilized dedication, determination and teamwork 

20   in providing a lasting contribution to the spirit 

21   of excellence which is a tradition of their 

22   school; now, therefore, be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to congratulate 

25   the members of the Pleasantville High School  


                                                               713

 1   Girls Soccer Team:  Lila Donohue, Eliza Murphy, 

 2   Allison Portera, Katrina Kelly, Riley Vavolizza, 

 3   Mary Grace O'Neill, Lauren Mathews, Grace Capko, 

 4   Ella O'Malley, Maddie Braverman, Maya Sauthoff, 

 5   Julia O'Reilly, Amber Nanaj, Maeve Roney, Avery 

 6   Manna, Isabelle Kapoor, Elsa Ammirati, Analese 

 7   Picart, Izzy Pepdjonovic, Katie Moses, Lauren 

 8   Drillock, Lexie Rippstein, Carolyn Lee, Summer 

 9   Deluca, Norah Foley; and Head Coach Chris 

10   Osterhoudt upon their outstanding season and 

11   overall team record of 20-1-2; and be it further 

12                "RESOLVED, That copies of this 

13   resolution, suitably engrossed, be transmitted to 

14   the members of the Pleasantville High School 

15   Girls Soccer Team, and Head Coach Chris 

16   Osterhoudt."

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Harckham on the resolution.

19                SENATOR HARCKHAM:   Thank you, 

20   Mr. President.

21                With this resolution we pay tribute 

22   and congratulations to the Pleasantville High 

23   School Panthers Women's Soccer Team.  And I call 

24   them the women's soccer team.  I don't like that 

25   moniker "girls soccer team."  They're fine young 


                                                               714

 1   women, and we refer to them as the women's soccer 

 2   team.  

 3                Thank you, Madam Secretary, for 

 4   reading the names of the members on the team and 

 5   the coaches.  The principal, Joe Palumbo, is here 

 6   as well.  And we'd like to also note a noted 

 7   alumni of Pleasantville High School, our own Eric 

 8   Katz, on our counsel team.  

 9                I had a coach when I played soccer 

10   who used to say "When you hustle, good things 

11   happen."  And in the case of the Panthers, 

12   nothing could be more true.  This was a team that 

13   was down by 2, with 20 minutes left to go in the 

14   game.  And being down by 2, for those of you who 

15   know soccer, is almost insurmountable.  And yet 

16   with four seconds left, the game-winning goal was 

17   notched because of hustle and grit and 

18   determination.

19                So it was a fabulous season that 

20   these young women had, based on their hard work, 

21   their dedication to each other, buying into the 

22   system.  But it took something extra in those 

23   last 20 minutes, and that's what makes champions, 

24   is what's inside, to give that little extra when 

25   nobody else thinks you can.


                                                               715

 1                So I congratulate the Pleasantville 

 2   Panthers.  

 3                And, Mr. President, I ask that you 

 4   extend the privileges of the chamber.

 5                ACTING PRESIDENT BENJAMIN:   To the 

 6   Pleasantville High School Women's Soccer Team, I 

 7   welcome you on behalf of the Senate.  We extend 

 8   to you all of the courtesies and privileges of 

 9   this house.  Please stand and be recognized.

10                (Standing ovation.)

11                ACTING PRESIDENT BENJAMIN:   The 

12   resolution was previously adopted on 

13   February 4th.  

14                Senator Gianaris.

15                SENATOR GIANARIS:   At this time, 

16   Mr. President, can you recognize Senator Kennedy 

17   for an introduction.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Kennedy for an introduction.

20                SENATOR KENNEDY:   Thank you very 

21   much, Mr. President.

22                I just want to take this 

23   opportunity -- it's a great privilege of mine -- 

24   to introduce, all the way from Western New York, 

25   our great county executive, Mark Poloncarz, who 


                                                               716

 1   has joined us here today.  

 2                Our county executive, just reelected 

 3   to a third term -- only the second individual 

 4   ever to be elected to a third term as county 

 5   executive -- is doing a tremendous job.  He's 

 6   here working on behalf of the people of 

 7   Erie County.  

 8                He's joined by his deputy budget 

 9   director and former Senate staffer, Ben 

10   Swanekamp.  Thank you very much for joining us 

11   here today as well.

12                County Executive Poloncarz has led 

13   the charge as it pertains to economic development 

14   efforts, efforts to ensure that we have a clean 

15   environment, focusing on creating jobs and our 

16   greater economy in Western New York, and at the 

17   same time ensuring -- and this is important to 

18   all of us, both sides of the aisle, and 

19   everywhere across the state -- that the only 

20   New York State football team, the Buffalo Bills, 

21   stays right here in New York State and in 

22   Buffalo.

23                He is really on the cutting edge of 

24   the issues that are important to people, and he 

25   has dedicated his life to public service and, 


                                                               717

 1   most importantly, helping people, oftentimes the 

 2   most vulnerable.  

 3                We thank you, County Executive.  We 

 4   welcome you and your team here today.  Thank you 

 5   for everything that you do on behalf of the great 

 6   people of Erie County, Western New York, and all 

 7   of the great State of New York.  

 8                Please join me in welcoming our 

 9   county executive.  

10                And, Mr. President, if you could 

11   offer all of the privileges of the house to our 

12   guests.  Thank you.

13                ACTING PRESIDENT BENJAMIN:   To our 

14   Erie County executive, I welcome you on behalf of 

15   the Senate.  We extend to you all of the 

16   courtesies and privileges of this house.  

17                We want to recognize you at this 

18   time.  Thank you.

19                (Standing ovation.)

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Gianaris.

22                SENATOR GIANARIS:   Can we now take 

23   up previously adopted Resolution 2773, by 

24   Senator Little, read its title only, and 

25   recognize Senator Little.


                                                               718

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   Secretary will read.

 3                THE SECRETARY:   Senate Resolution 

 4   2773, by Senator Little, commemorating the 

 5   40th anniversary of the 1980 Lake Placid Winter 

 6   Olympics and celebrating its legacy, past, 

 7   present and future.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Little on the resolution.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President.

12                While I acknowledge that there are 

13   many here today that were not even born in 1980, 

14   many of us do remember the last time that 

15   Lake Placid and New York hosted the World Olympic 

16   Winter Games.

17                Lake Placid first hosted the Olympic 

18   Games in 1932, and then again in 1980.  They're 

19   one of very few locations that has held two 

20   Olympic Games.

21                So in order to celebrate, we have a 

22   big parade going on beginning on February 13th, 

23   which is the exact same days as the Olympics were 

24   held back then, February 13th to the 23rd.  If 

25   you recall, those of who you remember, there was 


                                                               719

 1   a shortage of snow that winter, and they were 

 2   trucking snow from everyplace they could to bring 

 3   it into the venues.  

 4                But at any rate, so doing it the 

 5   same way.  The games begin on the 13th, but on 

 6   the 14th, we have a parade with many of the 

 7   volunteers -- Lake Placid is a village of 

 8   volunteers -- who had volunteered in 1980 and 

 9   continue to volunteer at the events that take 

10   place then.

11                And then we will go to the original 

12   site of where the torch was lit, and we will 

13   light the torch again in recognition and 

14   celebration of 40 years and still having all of 

15   the Olympic venues.

16                Many cities that have had the 

17   Olympics, you know, put a lot of money into their 

18   venues, and then they become historic.  We are 

19   not doing that here in New York State.  We're 

20   very proud of Lake Placid having had the 

21   Olympics.  This year's budget has millions of 

22   dollars in it to help keep the venues -- the ski 

23   jumps, the bobsled, the luge, the cross country 

24   skis, the downhill skiing area, the ice skating 

25   rinks, the Ice Oval, all of these things.  So 


                                                               720

 1   that we're not historic, we are relevant.  We 

 2   will continue to hold World Cup Games.  And we 

 3   are going to host, in 2023, the World Universiade 

 4   Games, where 2600 athletes will come from around 

 5   the world and compete over the course of 12 days.

 6                But back to our celebration, which 

 7   starts Friday, Thursday and Friday.  I'll be 

 8   there.  And the temperature is only supposed to 

 9   be minus 16 -- 

10                (Laughter.)

11                SENATOR LITTLE:   -- so we will see 

12   how that goes.  We need to warm it up.

13                But we're also going to have many 

14   Olympians return to the area.  Some of them are 

15   from our area.  But Andrew Weibrecht, Thomas 

16   Vonn, Dan Jansen.  The figure skaters Scott 

17   Hamilton and Paul Wylie, who now lives in 

18   Lake Placid, will also be there.  

19                So the point of the whole thing is 

20   just to have all of you help celebrate this and 

21   remember that we are very fortunate in New York.  

22                And if you watch any, any winter 

23   competition on television, you will hear 

24   Lake Placid being named, because all of these 

25   athletes that compete on a worldwide stage have 


                                                               721

 1   competed in Lake Placid.  And that helps us, it 

 2   helps New York, it helps our tourism, and it 

 3   attracts more people to the area.

 4                So without further ado, I would 

 5   invite you to get to Lake Placid -- if you can't 

 6   in the next two weeks, at some point -- and enjoy 

 7   what we call the Winter Sports Capital of the 

 8   World.  

 9                Thank you, Mr. President.

10                ACTING PRESIDENT BENJAMIN:   The 

11   resolution was previously adopted on 

12   February 11th.

13                Senator Gianaris.

14                SENATOR GIANARIS:   At the request 

15   of the sponsors, the two resolutions we took up 

16   today are open for cosponsorship.

17                ACTING PRESIDENT BENJAMIN:   The 

18   resolutions are open for cosponsorship.  Should 

19   you choose not to be a cosponsor of the 

20   resolutions, please notify the desk.

21                Senator Gianaris.

22                SENATOR GIANARIS:   Please take up 

23   the reading of the calendar.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will read.


                                                               722

 1                THE SECRETARY:   Calendar Number 

 2   387, Senate Print 1714, by Senator Brooks, an act 

 3   to amend the Executive Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:  Those Senators 

14   voting in the negative are Senators Funke, 

15   Helming, Jordan, O'Mara and Ortt.  

16                Ayes, 54.  Nays, 5.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   388, Senate Print 1726A, by Senator Skoufis, an 

21   act to amend the Real Property Actions and 

22   Proceedings Law.

23                SENATOR GRIFFO:   Lay it aside.

24                ACTING PRESIDENT BENJAMIN:   Lay it 

25   aside.


                                                               723

 1                THE SECRETARY:   Calendar Number 

 2   389, Senate Print 2813A, by Senator Comrie, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 2.  This 

 7   act shall take effect immediately.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   390, Assembly Print Number 2625, substituted 

18   earlier by Assemblymember Dinowitz, an act to 

19   amend the Real Property Actions and Proceedings 

20   Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect on the 30th day after it 

25   shall have become a law.


                                                               724

 1                ACTING PRESIDENT BENJAMIN:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BENJAMIN:   

 5   Announce the results.

 6                THE SECRETARY:   In relation to 

 7   Calendar Number 390, those Senators voting in the 

 8   negative are Senators Akshar, Amedore, Borrello, 

 9   Flanagan, Funke, Griffo, Helming, Jacobs, Jordan, 

10   Little, LaValle, O'Mara, Ortt, Ritchie, Robach, 

11   Serino and Tedisco.

12                Ayes, 43.  Nays, 17.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   391, Senate Print 4938, by Senator Carlucci, an 

17   act to amend the Executive Law.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect on the first of January.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               725

 1   Announce the results.

 2                THE SECRETARY:   Those Senators 

 3   voting in the negative on Calendar 391 are 

 4   Senators Akshar, Amedore, Flanagan, Funke, 

 5   Jordan, LaValle, O'Mara, Ortt, Serino and Seward.

 6                Ayes, 50.  Nays, 10.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   392, Senate Print 7287A, by Senator Bailey, an 

11   act to amend the Executive Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the 180th day after it 

16   shall have become a law.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Those Senators 

23   voting in the negative on Calendar Number 392 are 

24   Senators Akshar, Amedore, Borrello, Boyle, 

25   Flanagan, Funke, Griffo, Helming, Jacobs, Jordan, 


                                                               726

 1   Lanza, LaValle, Little, O'Mara, Ortt, Ritchie, 

 2   Robach, Serino, Seward and Tedisco.

 3                Ayes, 40.  Nays, 20.

 4                THE SECRETARY:   Calendar Number 

 5   393, Senate Print 7288A, by Senator Kavanagh, an 

 6   act to amend the Executive Law.

 7                SENATOR GRIFFO:   Lay it aside.

 8                ACTING PRESIDENT BENJAMIN:   Lay it 

 9   aside.

10                THE SECRETARY:   Calendar Number 

11   394, Senate Print 7291A, by Senator Persaud, an 

12   act to amend the Executive Law.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 120th day after it 

17   shall have become a law.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   Those Senators 

24   recorded in the negative on Calendar Number 394 

25   are Senators Akshar, Amedore, Borrello, Griffo, 


                                                               727

 1   Helming, Jordan, Little, O'Mara, Ortt, Ritchie, 

 2   Serino, Seward and Tedisco.

 3                Ayes, 47.  Nays, 13.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   395, Senate Print 7292A, by Senator May, an act 

 8   to amend the Executive Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect on the 120th day after it 

13   shall have become a law.

14                ACTING PRESIDENT BENJAMIN:   Call 

15   the roll.

16                (The Secretary called the roll.)

17                ACTING PRESIDENT BENJAMIN:    

18   Announce the results.

19                THE SECRETARY:   In regard to 

20   Calendar Number 395, those Senators recorded in 

21   the negative are Senators Akshar, Amedore, 

22   Borrello, Boyle, Flanagan, Griffo, Helming, 

23   Jacobs, Jordan, Lanza, LaValle, Little, Martinez, 

24   O'Mara, Ortt, Ritchie, Serino, Seward and 

25   Tedisco.


                                                               728

 1                Ayes, 41.  Nays, 19.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   396, Senate Print 7300A, by Senator Skoufis, an 

 6   act to amend the Executive Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                SENATOR GIANARIS:   Lay it aside for 

10   the day.

11                ACTING PRESIDENT BENJAMIN:   Lay it 

12   aside for the day.

13                THE SECRETARY:   Calendar Number 

14   397, Senate Print 7301, by Senator Skoufis, an 

15   act to amend the Executive Law.

16                ACTING PRESIDENT BENJAMIN:   Read 

17   the last section.

18                THE SECRETARY:   Section 2.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT BENJAMIN:   Call 

21   the roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT BENJAMIN:    

24   Announce the results.

25                THE SECRETARY:   In regard to 


                                                               729

 1   Calendar Number 397, those Senators voting in the 

 2   negative are Senators Akshar, Amedore, Flanagan, 

 3   Griffo, Helming, Jacobs, Jordan, O'Mara, Ritchie 

 4   and Serino.

 5                Ayes, 50.  Nays, 10.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                Senator Gianaris, that completes the 

 9   reading of today's noncontroversial calendar.

10                SENATOR GIANARIS:   Let us now move 

11   on to the reading of the controversial calendar, 

12   please.

13                ACTING PRESIDENT BENJAMIN:   The 

14   Secretary will ring the bell.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   388, Senate Print 1726A, by Senator Skoufis, an 

18   act to amend the Real Property Actions and 

19   Proceedings Law.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Amedore.

22                SENATOR AMEDORE:   Mr. President, 

23   will the sponsor yield for a couple of questions?  

24                ACTING PRESIDENT BENJAMIN:   Will 

25   the sponsor yield?


                                                               730

 1                SENATOR SKOUFIS:   Of course.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR AMEDORE:   Through you, 

 5   Mr. President.  Thank you, Senator Skoufis, for 

 6   yielding and hopefully answering a few of these 

 7   questions.  As it applies to this bill, what is 

 8   the definition of "vacant and abandoned"?  

 9                SENATOR SKOUFIS:   Through you, 

10   Mr. President, this bill would affect those 

11   properties that are in the foreclosure process.  

12   Zombie properties, as they're known.

13                SENATOR AMEDORE:   Through you, 

14   Mr. President, will the sponsor continue to 

15   yield?  

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR SKOUFIS:   Yup.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR AMEDORE:   So under any 

22   circumstance, would this bill apply to homes that 

23   have been damaged due to natural disasters -- 

24   fires, floods, storm events -- vacated by the 

25   owner?


                                                               731

 1                SENATOR SKOUFIS:   Through you, 

 2   Mr. President, the short answer is no.  

 3                So, you know, if a tree falls into a 

 4   home or if there's a hurricane that does damage 

 5   to a property, plywood will still be a 

 6   permissible material.

 7                This -- again, this bill only 

 8   applies to those properties that are in the 

 9   foreclosure process.

10                SENATOR AMEDORE:   Through you, 

11   Mr. President, if the sponsor will continue to 

12   yield.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?  

15                SENATOR SKOUFIS:   Yes.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR AMEDORE:   Instead of 

19   plywood, wood composites, wood veneers or similar 

20   wood-based products, what would be used to board 

21   up the homes?  

22                SENATOR SKOUFIS:   Through you, 

23   Mr. President, the primary alternative would be 

24   clear boarding.  

25                So just as a little bit of 


                                                               732

 1   background, in 2017 the State of Ohio actually 

 2   did what we are proposing to do here in 

 3   prohibiting plywood from being used to board up 

 4   foreclosed homes.  

 5                And additionally, a number of 

 6   municipalities, including Oyster Bay here in 

 7   New York State, have enacted similar laws.

 8                The primary alternative would be 

 9   clear boarding, which is a polycarbonate.  It's 

10   about 250 times as strong as glass, it's very 

11   secure.  And perhaps most importantly, if you're 

12   a home right across the street from a vacant 

13   foreclosed property that is polycarbonate clear 

14   boarding, you would not even be able to tell that 

15   the windows are boarded up.  It would seem like a 

16   window was there.

17                And so this bill looks to reduce 

18   blight.  That's what we've seen in Ohio and these 

19   other municipalities that have employed a law 

20   like this.

21                SENATOR AMEDORE:   Through you, 

22   Mr. President, if the sponsor will continue to 

23   yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?  


                                                               733

 1                SENATOR SKOUFIS:   Yes.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   sponsor yields.

 4                SENATOR AMEDORE:   So the sponsor 

 5   mentioned polycarbonate, which in industry 

 6   standards, sheet goods would be Lexan sheets.  

 7   That's what I think you're talking and referring 

 8   to when you say clear view type of product.  

 9                Basically, in layman's terms, you 

10   refer polycarbonate to plastic.  So you would 

11   much rather have a plastic material be used to 

12   board up or to secure an abandoned home than a 

13   more rigid material such as a plywood -- that is 

14   very green, by the way.  Wood is very green and 

15   sustainable.

16                But through you, Mr. President, does 

17   the sponsor know what the cost of a sheet of 

18   polycarbonate would be?

19                SENATOR SKOUFIS:   Through you, 

20   Mr. President, I think approximately $20 to board 

21   up a single window with plywood.

22                SENATOR AMEDORE:   Through you, 

23   Mr. President.  So with plywood, wood product, 

24   you're talking about a $20 cost for a sheet good,  

25   a 4-by-8 sheet, it would cost.


                                                               734

 1                My question was -- through you, 

 2   Mr. President -- what would the cost of a 4-by-8 

 3   sheet of carbon or polycarbonate be?  And I know 

 4   it's depending on the thickness.  So if you went 

 5   to maybe a 4 mil or 6 mil, which is equivalent to 

 6   about 3/8ths-inch thick, or maybe a quarter-inch 

 7   thick, do you know what the cost would be?

 8                SENATOR SKOUFIS:   Through you, 

 9   Mr. President, there's no doubt that certainly 

10   using polycarbonate would be more expensive than 

11   plywood on the front end.

12                However, I would point out that, for 

13   example, the U.S. Fire Administration offers very 

14   positive remarks and recommends clear boarding 

15   because it cuts down on arson, it cuts down on 

16   squatters, lots of problems that wind up costing 

17   municipalities down the road on the back end.

18                Furthermore, I'll also point out 

19   that a number of years ago Fannie Mae 

20   voluntarily, internally, decided that for any 

21   mortgages backed by their organization, that they 

22   would require their lending organizations -- 

23   banks, et cetera -- that issued these mortgages 

24   to employ clear boarding.  

25                And so for many, many, many 


                                                               735

 1   foreclosures and vacant homes already that have 

 2   mortgages backed by Fannie Mae, they're already 

 3   doing this.  

 4                And so, you know, this is -- I 

 5   understand what my colleague is trying to get to.  

 6   But the point is that home values are 

 7   dramatically negatively impacted by boarded-up 

 8   blights all throughout this state.  This is an 

 9   attempt to try and preserve home values and, on 

10   the back end, prevent some of the problems that 

11   come with squatters, fires, arson, et cetera, 

12   that also puts our first responders in more 

13   danger.

14                SENATOR AMEDORE:   Through you, 

15   Mr. President, will the sponsor continue to 

16   yield?  

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?

19                SENATOR SKOUFIS:   Yes.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.  

22                SENATOR AMEDORE:   I understand the 

23   intent of the sponsor's bill here that you're 

24   trying to protect from blight and making sure 

25   that we have safe abandoned structures or homes 


                                                               736

 1   so that they will not be vandalized.  

 2                But through you, Mr. President, will 

 3   the sponsor answer how would someone know that a 

 4   home is in foreclosure in the neighborhood?

 5                SENATOR SKOUFIS:   Through you, 

 6   Mr. President, pursuant to some zombie property 

 7   legislation that we enacted a couple of years 

 8   ago, these properties, these zombie properties 

 9   now have to be registered with the state.

10                SENATOR AMEDORE:   Through you, 

11   Mr. President, will the sponsor continue to 

12   yield.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?  

15                SENATOR SKOUFIS:   Yes.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR AMEDORE:   Is there a law 

19   that requires the municipality or the bank or the 

20   mortgage provider to post a very distinct 

21   colorful poster or notice on the door of the 

22   building or home, that it is in foreclosure?

23                SENATOR SKOUFIS:   Through you, 

24   Mr. President, not that staff nor I are aware of.

25                SENATOR AMEDORE:   Through you, 


                                                               737

 1   Mr. President, will the sponsor continue to 

 2   yield?  

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?

 5                SENATOR SKOUFIS:   Yes.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   sponsor yields.

 8                SENATOR AMEDORE:   It actually is 

 9   part of the rule or law that we have, I 

10   believe -- look it up, counsel can.  Because that 

11   really is and determines and signifies that this 

12   home is going through a foreclosure process.  

13                Many times it's a very bright yellow 

14   notice that's affixed to a building.  Which is 

15   more of a target to a vandal or someone who 

16   wants, maybe a squatter, to go into a vacant 

17   home, than a boarded home that has wood product 

18   that is securing the home from the vandals.

19                So I just think that you should 

20   understand what that really is with that notice.

21                Through you, Mr. President, will the 

22   sponsor yield for one more question?  

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?

25                SENATOR SKOUFIS:   Yes.


                                                               738

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AMEDORE:   Who would be 

 4   responsible to install and pay for this plastic 

 5   screening that you want to put on the windows and 

 6   doors?  

 7                SENATOR SKOUFIS:   Through you, 

 8   Mr. President, primarily banks.  Except in those 

 9   more rare situations where a municipality owns a 

10   building through condemnation or some other 

11   means.

12                SENATOR AMEDORE:   Mr. President, on 

13   the bill --

14                SENATOR SKOUFIS:   If I may also -- 

15   if I may, through you, Mr. President.  I also 

16   want to note, you know, in response to a number 

17   of items that my colleague just had remarked 

18   upon, that law enforcement is actually, in many 

19   cases where this is employed, very positive 

20   towards clear boarding.  

21                Because, look, we're not touching -- 

22   this law does not touch any posting of flyers on 

23   doors.  And so, look, if there's an issue with 

24   that that my colleague has, you know, I would 

25   recommend that we revisit the zombie property 


                                                               739

 1   legislation that he's referring to.  This bill 

 2   does not touch on any notification, posting of 

 3   flyers as he's suggesting.

 4                But I'll also note what he's 

 5   describing, then, is actually a remark in support 

 6   of this legislation, makes it even more 

 7   imperative that we have clear boarding, such that 

 8   when law enforcement is trying to determine 

 9   whether there are folks, squatters, other 

10   individuals that shouldn't be in a vacant 

11   building but are there, they can't obviously see 

12   through plywood.  They can see through clear 

13   boarding.  

14                And that in itself will, we believe, 

15   deter squatting, but also provide a means by 

16   which law enforcement can determine if there are 

17   people in a building that shouldn't be there.

18                SENATOR AMEDORE:   Mr. President, on 

19   the bill.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Amedore on the bill.

22                SENATOR AMEDORE:   You know, the 

23   sponsor's memo states that properties boarded up 

24   with plywood present themselves as an easy target 

25   for vandals.  And that's why I brought up the 


                                                               740

 1   notice issue, because there's no -- there's -- 

 2   it's absolutely a no-brainer for someone to go 

 3   down a road, drive down a road, walk down the 

 4   sidewalk, whatever it may be -- when they see 

 5   that notice, you want to talk about an easy 

 6   target, to understand that this building or this 

 7   home is vacant.  That's the definition or the 

 8   significant difference between a home that's 

 9   vacant and one that is not.  It's not the plywood 

10   or it's not the plastic that you want to put in 

11   the windows.

12                The sponsor also mentioned that it 

13   could be and in some cases it will be the 

14   municipality.  I asked if the -- if he knew what 

15   the cost of polycarbonate, a sheet good of 

16   polycarbonate would be.  And I wouldn't expect 

17   anyone in this room really to understand, because 

18   you typically never buy a sheet of polycarbonate 

19   or Lexan on a day-to-day basis.  

20                But I've got a little bit of 

21   industry knowledge to understand and know what 

22   building costs are.  So I will say he was right 

23   when he responded back to about $20 when that 

24   cost refers to a plywood wood-type product.  

25   Because you could buy, you can buy today a sheet 


                                                               741

 1   of, say, 4-by-8-by-half-inch-thick plywood for 

 2   about $20.  It will range from about $17 to $30, 

 3   depending on the grade of plywood.

 4                But polycarbonate, depending on the 

 5   thickness -- and the thickness really talks about 

 6   the rigidity.  And when you want to secure a 

 7   building, you can't tell me that putting on an 

 8   eighth-inch-thick piece of plastic or even 

 9   quarter-inch-thick piece of plastic is going 

10   secure the building more than a half-inch wood or 

11   three-quarter-inch wood product that they 

12   currently do now.

13                The bill also goes on to refer to 

14   not just wood products or plywood, but it also 

15   talks about wood composites and wood veneers.  

16   Wood composites are products that are very green 

17   friendly.  They're recyclable products.  They're 

18   recycled material products.

19                So I just think that this bill, 

20   well-intentioned, because we want to make sure 

21   all of our neighborhoods are safe, are free from 

22   vandalism, fighting the blight problems that we 

23   all face in all of our districts, that we have 

24   products that we can use that are green and safe 

25   and just really just common sense because they're 


                                                               742

 1   much stronger and more readily available.  Try to 

 2   go and buy polycarbonate in your local hardware 

 3   store.  You're not going to.  You've got to order 

 4   it.

 5                But then it's the cost factor.  And 

 6   when we talk about unfunded mandates -- and if 

 7   the municipality has to pay for this cost, the 

 8   cost of polycarbonate is well in excess of over 

 9   $150 a sheet based on the thickness, which really 

10   is going to be around an eighth-inch-thick 4-by-8 

11   sheet of plastic.

12                So if I go from $20 of being 

13   wood-product-based to now the municipality to 

14   have to pay about $150 a sheet for a 

15   eighth-inch-thick, I think that this is an 

16   unfunded mandate that municipalities can't absorb 

17   and that will not do -- will not do the job that 

18   I really, truly believe that the sponsor's 

19   intention is going to do or what he wants to do, 

20   and that is secure the buildings and to help 

21   fight blight.

22                So with that, Mr. President, I'll be 

23   voting in the negative.  Thank you.

24                ACTING PRESIDENT BENJAMIN:   Are 

25   there any other Senators wishing to be heard?  


                                                               743

 1                Seeing and hearing none, debate is 

 2   closed.

 3                The Secretary will ring the bell.

 4                Read the last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the 90th day after it 

 7   shall have become a law.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   In relation to 

14   Calendar 388, those Senators recorded in the 

15   negative are Senators Akshar, Amedore, Borrello, 

16   Boyle, Brooks, Flanagan, Funke, Griffo, Helming, 

17   Jacobs, Jordan, Lanza, LaValle, Little, Martinez, 

18   O'Mara, Ortt, Ritchie, Robach, Serino, Seward and 

19   Tedisco.  

20                Senator Montgomery absent from 

21   voting.

22                Ayes, 37.  Nays, 22.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                The Secretary will read.


                                                               744

 1                THE SECRETARY:   Calendar Number 

 2   393, Senate Print 7288A, by Senator Kavanagh, an 

 3   act to amend the Executive Law.

 4                ACTING PRESIDENT BENJAMIN:    

 5   Senator Helming.

 6                SENATOR HELMING:   Thank you, 

 7   Mr. President.  I rise to ask if the sponsor will 

 8   yield for a few questions.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?  

11                SENATOR KAVANAGH:   Absolutely, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR HELMING:   Through you, 

16   Mr. President, this legislation directs the 

17   Secretary of State to administer a registry to 

18   receive information from three entities -- from 

19   landlords, local governments, and also code 

20   enforcement agencies.  

21                Senator Kavanagh, I was wondering if 

22   you could explain for me how code enforcement 

23   agencies are defined.

24                SENATOR KAVANAGH:   Let me just 

25   begin -- just for context, the bill generally 


                                                               745

 1   would view code enforcement agencies as part 

 2   of -- the code enforcement agencies in the state 

 3   are generally administered by local governments, 

 4   and I think there's not an expectation that code 

 5   enforcement agencies that are not part of our 

 6   local governments would be complying with this 

 7   law.

 8                So basically it is the -- under our 

 9   current state law, there is a Uniform Code.  That 

10   Uniform Code is applicable all over the state, 

11   and localities are required to enforce it unless 

12   they take a step to adopt their own code, at 

13   which point there's a process by which the 

14   Secretary of State can review that code and 

15   determine whether it is at least as stringent as 

16   the Uniform Code.  

17                In the circumstance where there is a 

18   local code or the state code is applicable, each 

19   locality is enforcing that code and those 

20   agencies are operating throughout the state.

21                SENATOR HELMING:   Through you, 

22   Mr. President, will the sponsor continue to 

23   yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?  


                                                               746

 1                SENATOR KAVANAGH:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR HELMING:   Thank you, 

 6   Senator Kavanagh.  

 7                So through the administration of the 

 8   uniform building codes and fire codes, et cetera, 

 9   is it possible that fire departments and fire 

10   districts, both paid and volunteer, could be 

11   responsible for the costly reporting 

12   requirements, the onerous requirements that are a 

13   part of this legislation?

14                SENATOR KAVANAGH:   Mr. President, 

15   that's quite a leading question, so let me just 

16   begin by saying we do not believe there are 

17   onerous requirements on any localities or code 

18   enforcement agencies in this bill.  

19                Secondly, if an agency is not 

20   currently required to be enforcing the code, then 

21   this bill would not create any obligation on them 

22   at all.

23                So I will confess that I have great 

24   familiarity with the FDNY and the City Buildings 

25   Department in HPD.  I'm not sure how fire codes 


                                                               747

 1   are enforced in every jurisdiction, but my sense 

 2   is that in general, volunteer fire departments 

 3   and other such agencies are not currently 

 4   obligated to enforce building, fire and housing 

 5   codes.  So they would be unaffected in any way by 

 6   this bill.

 7                SENATOR HELMING:   Through you, 

 8   Mr. President.  So will the sponsor continue to 

 9   yield?  

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?  

12                SENATOR KAVANAGH:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR HELMING:   Section 2 of this 

17   legislation defines "covered dwelling."  Is it 

18   possible that this definition could be 

19   interpreted to apply to, for instance, bed and 

20   breakfasts, Airbnb and even mobile home parks or 

21   mobile homes?

22                SENATOR KAVANAGH:   Through you, 

23   Mr. President.  Let me actually get the words in 

24   front of me.  But the bill in general is intended 

25   to cover rental -- sorry, I'm having -- I was 


                                                               748

 1   trying to get -- make sure I was looking at the 

 2   same language you're looking at.  

 3                So the bill defines a covered 

 4   dwelling as a dwelling which is either rented, 

 5   leased, let or hired out to be occupied, or is 

 6   occupied as a residence or home of two or more 

 7   families living independently of each other.  

 8                So if a dwelling unit is a residence 

 9   for somebody and it is rented out or you have, 

10   you know, a situation where independent families 

11   are living in the same space, it would be covered 

12   by this law.  

13                And whether, you know, if I -- 

14   presumably calling it an Airbnb or calling it a 

15   bed and breakfast does not preclude compliance 

16   with the law related to rental -- the many laws 

17   related to rental housing in this state, and I 

18   think this would be no different.  

19                But generally speaking, just to be 

20   clear, this is intended to be broad, it is 

21   intended to cover rental housing, rental 

22   residential units anywhere we find them in the 

23   state.

24                SENATOR HELMING:   Through you, 

25   Mr. President, will the sponsor continue to 


                                                               749

 1   yield.

 2                ACTING PRESIDENT BENJAMIN:   Does 

 3   the sponsor yield?

 4                SENATOR KAVANAGH:   Yes, 

 5   Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   sponsor yields.

 8                SENATOR HELMING:   There are a lot 

 9   of good intentions that pass through this floor 

10   in the form of legislation, and we've seen a 

11   number of chapter amendments because things are 

12   rushed through and don't accurately reflect what 

13   we intend them to do, or don't do what we intend 

14   them to do.  

15                So my question is, as we all know, 

16   in many areas of our state -- we've talked about 

17   this here on this floor -- residents, 

18   municipalities, small businesses, even some 

19   libraries in my district do not have internet 

20   services.  

21                And it's possible that some 

22   landlords -- and I think you need to think 

23   outside of New York City, think upstate New York, 

24   rural areas.  Some landlords, they may have -- 

25   for instance, it may be a very small family farm 


                                                               750

 1   who produces enough food maybe just to even feed 

 2   the family.  Maybe they have a roadside stand.  

 3   But on their property, they have a rental home.  

 4   But they don't have the desire or maybe even the 

 5   means to own a computer.  And again, they don't 

 6   have access, all of them, to internet services.  

 7                So in these situations, Senator 

 8   Kavanagh, what alternatives exist to the online 

 9   registration that are available for a landlord to 

10   register?  

11                SENATOR KAVANAGH:   So, 

12   Mr. President, if I may, first let me respond to 

13   the implicit first part of the question, which is 

14   about legislation that is sometimes rushed and 

15   ill-considered, just to note that this bill is 

16   one of the recommendations that came out of an 

17   investigation that we announced, along with 

18   Senator Skoufis and the Investigations and 

19   Government Operations Committee 13 months ago.  

20                It was a five-month investigation 

21   looking very thoroughly at the code enforcement 

22   operations in four localities that were selected 

23   as samples of what might be going on in other 

24   places.  That then led to a hearing in May of 

25   last year where we took testimony from many 


                                                               751

 1   parties, including parties representing small 

 2   localities and other jurisdictions throughout the 

 3   state.  

 4                We then produced a report of about a 

 5   hundred pages that reflects the findings of the 

 6   investigation and also makes recommendations, 

 7   including a recommendation that there be a 

 8   statewide rental registry.  That report has been 

 9   available for all of us to review.  It's a 

10   page-turner, at about a hundred pages.  

11                We then earlier this year announced 

12   an intention to do 11 bills.  They are the bills 

13   that are before you today.  We announced a public 

14   hearing on those bills.  We held that public 

15   hearing.  We got testimony on these bills from 

16   the Real Estate Board of New York, Legal Aid of 

17   New York City, Enterprise, the New York 

18   Conference of Mayors, the New York State Codes 

19   Coalition and the International Codes Committee 

20   and the New York State Building Officials 

21   Conference, the Rockland County Illegal Housing 

22   Task Force, the New York State Attorney General, 

23   Citizen Action, the Community Service Society, 

24   the City of Albany, United Tenants of Albany, the 

25   Rochester Tenants Union, and the Mayor's Office 


                                                               752

 1   of New York City.  

 2                And in addition, we had informal 

 3   conversations with the state executive branch as 

 4   well as the Center for Community Progress and 

 5   many others.

 6                We also had, obviously, a lively 

 7   discussion in committee a few days ago about 

 8   this.  

 9                And I would just say that, you know, 

10   this is a very thoroughly considered process.  I 

11   would also note that subsequent to our hearing, 

12   we made several amendments to the bill that are 

13   intended to diminish the burden on localities, 

14   and I'm happy to discuss those as well.  But that 

15   was in response to testimony received on this 

16   bill.

17                In terms of an individual owner 

18   renting an individual apartment as a business and 

19   to make some money on the side, if you choose to 

20   be a landlord in this state, you are choosing to 

21   put yourself in the business of providing housing 

22   to somebody else.  And that comes with many 

23   obligations to protect the safety of the 

24   occupant.  Also, by the way, to protect the 

25   safety of first responders who might find 


                                                               753

 1   themselves coming to that place in an emergency.  

 2                And there is no alternative to 

 3   registering, but once a year you would have to 

 4   get this information to the Secretary of State, 

 5   which is basically the basic information that you 

 6   ought to have at your disposal as an owner of a 

 7   piece of property.  There's no obligation that 

 8   you do it on a computer in your home.  And the 

 9   penalty for not doing so if you have a single 

10   unit would be $25.

11                SENATOR HELMING:   Through you, 

12   Mr. President.  I didn't hear the sponsor say yes 

13   or no on whether or not there were alternatives 

14   to online registration.  Also --

15                ACTING PRESIDENT BENJAMIN:    

16   Senator, are you asking the sponsor to yield for 

17   a question?  

18                SENATOR HELMING:   Yes.

19                ACTING PRESIDENT BENJAMIN:   Will 

20   the sponsor yield?

21                SENATOR KAVANAGH:   I'm happy to 

22   clarify, yes.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR KAVANAGH:   There is no 


                                                               754

 1   obligation -- there's no requirement in this bill 

 2   that the application be submitted online.  It is 

 3   expected that most people in the real estate 

 4   business would prefer the option of submitting it 

 5   online.  

 6                But the Secretary of State, under 

 7   this bill, would be required to set up a process 

 8   that permits people to register online.  And 

 9   certainly it would be within the discretion of 

10   the Secretary of State to have somebody receive a 

11   mailed piece of paper from this owner of a 

12   one-unit rental operation.

13                SENATOR HELMING:   Through you, 

14   Mr. President, will the sponsor continue to 

15   yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?

18                SENATOR HELMING:   So the 

19   legislation refers to --

20                ACTING PRESIDENT BENJAMIN:   Does 

21   the sponsor yield?  Do you yield?

22                SENATOR KAVANAGH:   Yes, 

23   Mr. President.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.


                                                               755

 1                SENATOR HELMING:   The legislation 

 2   refers to an online portal.  I didn't see 

 3   anything else about paper or any other 

 4   alternatives.

 5                Also, when we talk about 

 6   municipalities -- am I on -- through you, Mr. -- 

 7   okay.  

 8                When we talk about the research 

 9   that's been done to develop this particular piece 

10   of legislation, because that's all we're 

11   addressing right now, not all of the bills that 

12   have been brought forth today, there were four 

13   communities, it's my understanding, that provided 

14   testimony.  

15                I'd like to just point out that the 

16   average population exceeds 50,000.  Compare that 

17   to areas where I live, where the largest city, 

18   the population is about 11,000, and I think it 

19   really changes the story.

20                So my question is this legislation 

21   states that the Secretary of State will provide 

22   municipalities with technical support.  I'd like 

23   to understand what that technical support will 

24   look like.  And will it include assistance with 

25   securing consistent, reliable and affordable 


                                                               756

 1   broadband services?  

 2                Again, we're not talking about just 

 3   New York City, we're talking about the entire 

 4   State of New York, where some of our 

 5   municipalities do not have -- they have 

 6   intermittent internet services or no internet 

 7   services.

 8                SENATOR KAVANAGH:   Mr. President, 

 9   if I may, may I return to the previous subject?  

10   That I think counsel was helpful in understanding 

11   what the -- what my colleague was referring to.

12                Just to clarify, there is language 

13   in the bill that says the data from the registry 

14   must be available online.  It is the Secretary of 

15   State's job to make the data available to people 

16   online.  There's nothing in this bill that 

17   requires the Secretary of State to receive the 

18   data online.

19                So the Secretary of State could 

20   receive the data in any manner that they choose 

21   from landlords.  And presumably if a small 

22   landlord wants to send a single registry by mail 

23   or some other purpose, that would be perfectly 

24   compliant with this law.

25                In term -- I just -- again, I don't 


                                                               757

 1   want to be argumentative, but I'm perplexed by 

 2   the repeated assertions that it's important we 

 3   think about places other than New York City.

 4                We had a hearing in Newburgh on this 

 5   topic, and we had a hearing in Albany on this 

 6   topic.  The Housing Committee and other 

 7   committees have traveled the state to have 

 8   hearings.  We had a hearing in Greenburgh last 

 9   year and in other parts of the state.  And we 

10   continue to seek input from all parts of the 

11   state.  

12                We also had input from, as I 

13   mentioned before, the New York Conference of 

14   Mayors, which represents mayors of some quite 

15   small jurisdictions, and other organizations, and 

16   we reached out to the Association of Towns and 

17   the Association of Counties and others to get as 

18   much input as we could on this piece of 

19   legislation.

20                In terms of the question of how 

21   localities will comply, again I would note that 

22   we amended the bill in response to commentary 

23   about that.  Under the bill as currently written, 

24   it is the obligation of the Secretary of State to 

25   provide the means by which people will produce 


                                                               758

 1   this information, and it is also their obligation 

 2   to assist localities, to the extent necessary, to 

 3   comply with the -- with this, and particularly to 

 4   help them have the ability to submit data 

 5   through -- in a machine-readable format, 

 6   electronically.

 7                There is -- if a locality does not 

 8   have the capacity to do that, it is not practical 

 9   for that locality to do that, the landlords in 

10   that jurisdiction would still be required to 

11   register.  But there is no mandate in this bill 

12   for localities to do things that they're not 

13   capable of doing.

14                SENATOR HELMING:   Thank you.

15                Through you, Mr. President, will the 

16   sponsor continue to yield?  

17                ACTING PRESIDENT BENJAMIN:   Does 

18   the sponsor yield?

19                SENATOR KAVANAGH:   Yeah, with 

20   pleasure, Mr. President.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.

23                SENATOR HELMING:   Can you explain 

24   to me how landlords will be identified and 

25   notified about these registration requirements?


                                                               759

 1                SENATOR KAVANAGH:   Through you, 

 2   Mr. President, this will take a significant 

 3   amount of time before this process is up and 

 4   running.  

 5                First of all, obviously the bill 

 6   would still need to go through the Assembly and 

 7   be signed by the Governor, and it doesn't take 

 8   effect for a full year after that.  And the 

 9   portal, the database that would be required, 

10   would be available two years after the effective 

11   date of this law, which again could be many 

12   months from now.

13                I think it's -- landlords and people 

14   who choose to be in the business of being a 

15   landlord and renting apartments to others 

16   presumably have some obligation to keep up with 

17   the basic requirements that come with being a 

18   landlord.  And I mentioned there are many, and 

19   many of those are essential to the life and 

20   safety of the tenants and of first responders and 

21   of others.

22                But we would -- presumably the 

23   Secretary of State and others would have some 

24   obligation to notify people of their 

25   requirements.  Presumably localities would do 


                                                               760

 1   that.  I would also note that there are several 

 2   localities in the state that already have these 

 3   kinds of systems in place, and presumably they 

 4   would -- the local authorities would play some 

 5   role in ensuring, as they do with many 

 6   requirements that are about code enforcement and 

 7   life and safety, would play some role in 

 8   informing people.  

 9                But, you know, landlords need to 

10   stay abreast on the obligations they have as 

11   landlords, and this would be one more modest 

12   obligation that once a year they identify their 

13   apartment.  And again, if they fail to do so or 

14   they do not hear about this, the implication of 

15   that will be a $25 penalty that would be imposed.

16                SENATOR HELMING:   Through you, 

17   Mr. President, will the sponsor continue to 

18   yield?  

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR KAVANAGH:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR HELMING:   The original 


                                                               761

 1   version of this bill required landlords to 

 2   register every three years.  The amended version 

 3   that we saw that's before us today changes that 

 4   to annually.  Can you explain the reason for this 

 5   change?  

 6                SENATOR KAVANAGH:   Again, this was, 

 7   as you note, a change in the bill, along with a 

 8   number of changes that were intended to make this 

 9   registry both easier for localities to comply 

10   with and also more useful.  

11                And we found that many existing 

12   registries have a one-year requirement rather 

13   than a three-year requirement, and that is 

14   intended to make the registry more useful for the 

15   many purposes for which it's intended, including 

16   having localities have some ability to track who 

17   currently owns real estate in their -- rental 

18   real estate in their jurisdiction.  

19                So we thought that if one of the 

20   purposes that we can be sure that local 

21   authorities know who to call in the event there's 

22   a serious problem, they have a name and address 

23   and a phone number, which is part of this 

24   requirement -- we thought that having that 

25   information perhaps be as much as three years out 


                                                               762

 1   of date is not wise, so we decided to make it an 

 2   annual requirement.

 3                And again, for most landlords, the 

 4   information, if nothing has changed about your 

 5   property, the information you're registering also 

 6   won't change in a significant way.

 7                SENATOR HELMING:   Through you, 

 8   Mr. President, will the sponsor continue to 

 9   yield?  

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?

12                SENATOR KAVANAGH:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR HELMING:   Section 5 of the 

17   bill states that any local governmental with a 

18   registry may continue to maintain that registry.  

19   If the local registry does not comply with the 

20   state registry, the landlord must register with 

21   the state, according to this language.

22                Senator Kavanagh, under these 

23   circumstances, does this mean the landlord must 

24   register twice, once with the local registry and 

25   a second time with the state registry?


                                                               763

 1                SENATOR KAVANAGH:   To the extent -- 

 2   through you, Mr. President.  To the extent that 

 3   such registries exist in localities already, we 

 4   decided that we would not choose to preempt local 

 5   registration requirements.  And so local 

 6   registries are allowed to continue to have 

 7   registries.  

 8                And again, that registry may serve a 

 9   different purpose in the locality than this 

10   registry is intended to serve.  So what the bill 

11   contemplates is a process where the Secretary of 

12   State will review an existing registry.  If they 

13   find that existing registry to have the 

14   information necessary to comply with this law, 

15   then the bill expressly says that somebody won't 

16   have to register twice.

17                However, we didn't want to say as 

18   long as there's a registry, irrespective of 

19   whatever condition that registry is in, whatever 

20   information that registry is in, we didn't want 

21   to exempt people from this bill, because the goal 

22   is to ensure that rental properties, all rental 

23   properties are registered in a manner that this 

24   bill contemplates.

25                So if a locality has a registry and 


                                                               764

 1   they either decline to make it conform to this 

 2   and or they don't make it conform to this for 

 3   some other reason, then a register -- just as 

 4   now, landlords have to continue to comply with 

 5   local law and they would also have to comply with 

 6   this law.

 7                Just to note, it's -- current 

 8   localities that do have a registry are the City 

 9   of New York, Buffalo, Syracuse and Easthampton.  

10   There may be others as well.  We've had 

11   conversations with some of them, and they have 

12   expressed an expectation that they would comply 

13   their -- they would conform their registry with 

14   this registry so that the landlords in their 

15   jurisdiction wouldn't have to register twice.

16                SENATOR HELMING:   Through you, 

17   Mr. President, will the sponsor continue to 

18   yield.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?

21                SENATOR KAVANAGH:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR HELMING:   So it is 


                                                               765

 1   possible, then -- or according to this 

 2   legislation, a municipality must provide the 

 3   information back to the Secretary of State in the 

 4   format that the Secretary of State deems 

 5   acceptable.  So there is the possibility for, 

 6   again, unfunded mandates on the community and so 

 7   much more.

 8                Section 7B of this legislation talks 

 9   about a schedule of reasonable registration fees 

10   based on the type of dwelling and the number of 

11   units registered.  Is there a cost to the 

12   landlord to register?

13                SENATOR KAVANAGH:   Through you, 

14   Mr. President, I think there were sort of -- 

15   there were two questions in there.

16                SENATOR HELMING:   There was one 

17   question, Mr. President.

18                SENATOR KAVANAGH:   Sorry, there was 

19   a statement that I might want to respond to.  

20   I'll take the first question -- the explicit 

21   question first.

22                Yes, there is in this bill an 

23   expectation that the Secretary of State would 

24   charge a fee to register, which is common in 

25   registration systems.  And that fee would be 


                                                               766

 1   required by this law to be reasonable and 

 2   presumably, in this context, reasonable.  Like 

 3   many fees -- this is not a tax, this is a fee -- 

 4   presumably the fee should reflect the cost of 

 5   providing this service of creating a registry and 

 6   of having people register.

 7                So again, if this is -- it also 

 8   requires that there be an online portal through 

 9   which people can do it, so the expectation would 

10   be that the Secretary of State would identify an 

11   efficient way to do this and charge a fee.  

12                And that fee is not set by this law, 

13   because I think there are a lot of steps between 

14   now and this being implemented that would be 

15   necessary to determine the precise cost.

16                SENATOR HELMING:   Through you, 

17   Mr. President, will the sponsor continue to 

18   yield?  

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?  

21                SENATOR KAVANAGH:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR HELMING:   Senator Kavanagh, 


                                                               767

 1   can you explain if this registration fee -- or 

 2   when this registration fee is assessed, where the 

 3   money will go?  Will it go to the General Fund in 

 4   the State Budget?  Or where will the money go?

 5                SENATOR KAVANAGH:   Mr. President, 

 6   through you, I'm not a hundred percent certain 

 7   whether this bill -- I mean, it is clear that the 

 8   Secretary of State is being authorized to charge 

 9   a fee.  

10                I would note that the Secretary of 

11   State charges many, many fees to register for 

12   many, many things in the state already.  And -- 

13   but I will confess I'm not an expert in how much 

14   discretion the Secretary of State, which of 

15   course is a part of the executive branch, how 

16   much discretion that -- the Secretary of State 

17   has over fees that are charged.  

18                But I would note that we have many, 

19   many statutes that charge fees that don't specify 

20   what part of the State Budget they go to, and I 

21   think this bill is like many, many other statutes 

22   in that way.

23                SENATOR HELMING:   Through you, 

24   Mr. President, will the sponsor continue to 

25   yield?  


                                                               768

 1                ACTING PRESIDENT BENJAMIN:   Does 

 2   the sponsor yield?

 3                SENATOR KAVANAGH:   Yes, 

 4   Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   sponsor yields.

 7                SENATOR HELMING:   In the case where 

 8   the landlord is required to register twice, once 

 9   potentially with the municipality and the second 

10   time with the state, is it possible that they 

11   will be assessed a registration fee twice?

12                SENATOR KAVANAGH:   Again, and let 

13   me -- I've been -- my very helpful counsel has 

14   noted that absent any language in this bill about 

15   where the fee would go, it is likely that -- 

16   sorry, absent any language in this bill about 

17   where the fee would go, the fee would likely go 

18   to the General Fund of the State of New York to 

19   offset the costs of -- the general costs of state 

20   government.

21                In terms of the likelihood that a 

22   fee is assessed by a locality in addition to this 

23   fee, that would be up to the locality.  

24                So again, we are not requiring 

25   localities to have a registry, we're not 


                                                               769

 1   requiring them to assess fees, we're just 

 2   creating a single statewide standard with a fee 

 3   associated with it.  If localities choose to 

 4   maintain their own registry for their own 

 5   reasons, that is an important aspect of our 

 6   system, that localities can run their governments 

 7   in the manner that they choose.  

 8                And so there's nothing in this bill 

 9   that would require people to be charged twice, 

10   and in fact there are many provisions of this 

11   bill that are intended to facilitate there being 

12   a single registry.  But if a locality decides to 

13   continue its registry and continues to charge a 

14   fee, there's nothing in this bill that would stop 

15   them.

16                SENATOR HELMING:   Through you, 

17   Mr. President, will the sponsor continue to 

18   yield.

19                ACTING PRESIDENT BENJAMIN:   Does 

20   the sponsor yield?  

21                SENATOR KAVANAGH:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   The 

24   sponsor yields.

25                SENATOR HELMING:   According to the 


                                                               770

 1   legislation, local governments at a minimum must 

 2   submit reports on a monthly basis.  Taking into 

 3   consideration the manpower that that is going to 

 4   require, upgrades to systems to comply with the 

 5   formatting requirements and more, do you have an 

 6   estimate of the cost to our local counties, our 

 7   cities, our towns and our villages?

 8                SENATOR KAVANAGH:   Through you, 

 9   Mr. President, the bill requires that -- this is 

10   something that we've changed since a prior draft 

11   of the bill.  

12                The bill requires that to the extent 

13   practicable, local governments submit that 

14   information and that the Secretary of State 

15   provide localities, to the extent they have any 

16   difficulty doing that, provide localities with 

17   assistance in figuring out how to do that.  

18                Our assumption is that that will be 

19   done digitally, and our assumption is that it 

20   will be done with a very modest level of physical 

21   work by paid employees, because most systems -- 

22   most code enforcement systems at this point are 

23   either currently working off digital systems that 

24   track violations, because it's very difficult to 

25   run a code enforcement operation without such a 


                                                               771

 1   system, or they're moving in that direction.  

 2                But again, this bill contemplates 

 3   that if that is not practicable for the local 

 4   government, they would not have to do it under 

 5   this bill.

 6                SENATOR HELMING:   Through you, 

 7   Mr. President, will the sponsor continue to 

 8   yield?  

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?

11                SENATOR KAVANAGH:   Yes, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR HELMING:   Am I to 

16   understand, then, if a municipality chooses not 

17   to comply with this, they will not be penalized 

18   in any way, or there's no language in this bill 

19   that requires them to provide registry 

20   information or to provide code enforcement 

21   violations?  

22                SENATOR KAVANAGH:   Through you, 

23   Mr. President, again, there's nothing in this law 

24   that -- there's nothing in this bill that says 

25   they may choose freely, irrespective of their 


                                                               772

 1   capacity not to comply.  

 2                What the bill says is that they 

 3   shall submit this information unless it is not 

 4   practicable for them to do so, given their 

 5   capacity.  And in that case, the Secretary of 

 6   State is required by this bill to work with them 

 7   and provide them with assistance in submitting 

 8   that information in a machine-readable format, 

 9   digitally.  Presumably there will be 

10   conversations between the Secretary of State and 

11   localities about what it would take to submit the 

12   information necessary to populate this portal 

13   with the relevant data.  

14                But again, in a previous version of 

15   this bill it required this data to be submitted.  

16   And we have -- in order to respect the complexity 

17   of this and the different capacities of local 

18   governments, we have modified the bill to say 

19   that they are only required to do this to the 

20   extent practicable.

21                I will say that one of the 

22   beneficiaries of a bill like this will be the 

23   localities themselves, because having a database 

24   of all rental properties is a very valuable thing 

25   if you're a local code enforcement agency or a 


                                                               773

 1   local government and you're trying to enforce 

 2   your code.  So we expect that many local 

 3   governments will embrace this.  But there's 

 4   nothing in this bill that requires them to do so 

 5   if it's not practicable for them to do so.

 6                SENATOR HELMING:   Through you, 

 7   Mr. President, will the sponsor continue to yield 

 8   for one more question.

 9                ACTING PRESIDENT BENJAMIN:   Does 

10   the sponsor yield?  

11                SENATOR KAVANAGH:   Yes, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR HELMING:   Looking at the 

16   long list of information that is now going to be 

17   required to be reported in this registry, there 

18   really is going to be significant information -- 

19   physical addresses of all the rental properties, 

20   total number of rooms, and accessibility features 

21   into these properties.

22                I have some concerns about privacy 

23   issues.  I also have concerns about in my small 

24   communities, when you look at a database and you 

25   look at a community that may have, say, 15 


                                                               774

 1   rentals maximum, if there is a victim of domestic 

 2   violence hiding out, residing in one of those 

 3   rental properties, now the person who has 

 4   victimized him or her could potentially go to 

 5   this database if they know the community that 

 6   they're living in and narrow it down to those 10, 

 7   15 rentals and systematically, easily, go through 

 8   each one of them.  Now they'll have access to 

 9   know how to get into these properties.  Because 

10   like I said, all the accessibility features are 

11   required to be reported in this database, 

12   et cetera.  

13                So, Senator Kavanagh, I'm wondering 

14   if you have any privacy concerns with this 

15   legislation or any concerns that this registry 

16   would provide a mechanism for domestic abusers to 

17   more easily locate their victims, who may be 

18   living and hiding in a rental property.

19                SENATOR KAVANAGH:   Through you, 

20   Mr. President, obviously if there -- there are 

21   many people with a great deal more expertise than 

22   I have about the needs of people who may be in 

23   that terrible situation of having an abuser and 

24   somebody they want to be physically separated 

25   from.  If there were -- you know, if any of the 


                                                               775

 1   many organizations that address that had some 

 2   concern about that, we certainly would be willing 

 3   to address that, as we have in other 

 4   circumstances.

 5                For example, we've passed laws in 

 6   this house about the voter rolls, which are also 

 7   somewhat publicly accessible, but to make 

 8   exceptions there.

 9                Having said that, I don't see any 

10   provision in this bill that would meaningfully 

11   alter that.  If you are looking for someone and 

12   you know they live in a jurisdiction -- you know 

13   that they're renting an apartment and you know 

14   that they're renting in a jurisdiction with only 

15   15 apartments in it, or a very small 

16   jurisdiction, you know, you have various means to 

17   try to locate rental apartments in that 

18   jurisdiction.

19                But this bill doesn't give you 

20   additional -- any additional information at all 

21   about who's living in apartments.  The reference 

22   to accessibility features is things that would 

23   help an apartment comply with the ADA and would 

24   help people who are seeking an accessible 

25   apartment, something that might be accessible 


                                                               776

 1   given a physical disability, to rent an 

 2   apartment.  

 3                But there's nothing in here that 

 4   suggests how to get into the building or what the 

 5   security features of buildings are.  None of that 

 6   would be included in the registry as contemplated 

 7   by this bill.

 8                SENATOR HELMING:   On the bill, 

 9   Mr. President.

10                ACTING PRESIDENT BENJAMIN:    

11   Senator Helming on the bill.

12                SENATOR HELMING:   First I'd like to 

13   thank Senator Kavanagh for all of his time in 

14   answering all of my questions.  I appreciate it.  

15   Thank you.

16                SENATOR KAVANAGH:   Thank you.

17                SENATOR HELMING:   When I consider 

18   how to vote on legislation, I look at the 

19   legislation and I evaluate a number of factors.  

20   Some of those factors include is it an unfunded 

21   mandate, is it yet another burden that we're 

22   placing on our small cities, our towns, our 

23   villages, and our counties.  

24                The answer here is an emphatic 

25   absolutely yes.  This is an unfunded mandate.


                                                               777

 1                When I did my summer small business 

 2   tours and I talked to so many business owners 

 3   from not only in my district but across the State 

 4   of New York, one of their concerns was about 

 5   onerous, unnecessary regulations.  And when I 

 6   evaluate this bill, I evaluate it -- is it 

 7   creating more regulations that are going to 

 8   create more unnecessary paperwork?  And I have to 

 9   say, this bill, absolutely yes.

10                Does this bill create the potential 

11   for new fees?  Absolutely yes, new fees on 

12   New Yorkers who are already overburdened with 

13   regulations and taxes.

14                Mr. President, I'll be voting no on 

15   this legislation.  I believe this type of 

16   legislation, with complete disregard for private, 

17   personal information, for increasing taxes or 

18   fees, whatever you want to call it -- they're 

19   both the same -- is going to continue to drive 

20   people and businesses out of New York State.  

21                So as I said, I'll be voting no.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Amedore.

24                SENATOR AMEDORE:   Mr. President, 

25   will the sponsor rise for -- or yield for a 


                                                               778

 1   question?  

 2                ACTING PRESIDENT BENJAMIN:   Does 

 3   the sponsor yield?  

 4                SENATOR KAVANAGH:   Yes, 

 5   Mr. President.  And just note I'm thanking the 

 6   ranking member of our committee for engaging in 

 7   this in the committee meeting, and I look forward 

 8   to questions today.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR AMEDORE:   Thank you, 

12   Senator Kavanagh.

13                I've got a question that -- as you 

14   were discussing this with Senator Helming, and 

15   correct me if I'm wrong, but I think I heard you 

16   say if a landlord does not register to the 

17   registry, statewide registry, could the landlord 

18   then evict a tenant?  Or would it take away the 

19   qualification of eviction?

20                SENATOR KAVANAGH:   Mr. President, 

21   through you.  I'm not actually sure this issue 

22   was addressed in the prior conversation.  

23                But yes, there is a provision in the 

24   bill that says if you are attempting to evict a 

25   tenant, your papers that you file in court ought 


                                                               779

 1   to assert that the apartment is properly 

 2   registered.  And if it is not registered, that 

 3   that would prevent you from proceeding with an 

 4   eviction action.  

 5                So you would, if you were trying to 

 6   evict a tenant, first of all meet this basic 

 7   requirement of being a landlord in the state.

 8                SENATOR AMEDORE:   Through you, 

 9   Mr. President --

10                SENATOR KAVANAGH:   And if I may 

11   clarify, only if the eviction is for nonpayment, 

12   by the way.  

13                ACTING PRESIDENT BENJAMIN:   Will 

14   the sponsor yield for a question?  

15                SENATOR KAVANAGH:   I would yield 

16   for an additional question, yes.

17                SENATOR MONTGOMERY:   The sponsor 

18   yields.

19                SENATOR AMEDORE:   So I understand, 

20   you did mention who is eligible or who would 

21   register on a statewide level in this registry.  

22   But just can you give us a very simplistic 

23   explanation?  Because I know you're very studied 

24   and well-versed and smart.  But let's think 

25   about -- because I look at this and -- when you 


                                                               780

 1   talk about two-family, I think of my grandmother.  

 2                And Mr. President, through you, my 

 3   grandmother who lived -- lives in a house or 

 4   lived in a house on Wabash Avenue in the City of 

 5   Schenectady, in the Bellevue section, rented two 

 6   units there.  

 7                So what I believe I heard you say -- 

 8   and that's why I want you to explain to me in a 

 9   very simplistic way who would need to register on 

10   this statewide registry with the Department of 

11   State?

12                SENATOR KAVANAGH:   Through you, 

13   Mr. President, the bill would -- again, I'm going 

14   to -- first of all, I'm going to take the -- my 

15   colleague's assertion that I'm studied as a 

16   compliment.  

17                And I will say, just to keep it 

18   simple, the goal of this bill is to have a 

19   complete registry of all rental housing units in 

20   the state.  

21                So if the sponsor's grandmother were 

22   engaging in that business right now in the City 

23   of New York, she would already be required to 

24   register the two units she is renting, and 

25   presumably little or nothing would change as a 


                                                               781

 1   rule of passing this bill.

 2                In other -- in other parts of the 

 3   state, if there is no such registry 

 4   requirement -- again, we have great sympathy for 

 5   people that are renting units to pay for the cost 

 6   of continuing to live there themselves.  But 

 7   the -- someone who is actually renting units to 

 8   others would be required to register those units.  

 9                If someone has a roommate or perhaps 

10   two roommates, three roommates or even four 

11   roommates, that would not be a situation where 

12   they would have to register.

13                SENATOR AMEDORE:   Through you, 

14   Mr. President, if the sponsor will continue to 

15   yield.

16                ACTING PRESIDENT BENJAMIN:   Does 

17   the sponsor yield?  

18                SENATOR KAVANAGH:   Yes, 

19   Mr. President.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR AMEDORE:   So if my 

23   grandmother does not register in the statewide 

24   registry -- which she does not live in the City 

25   of New York, but in the City of Schenectady, and 


                                                               782

 1   there's no requirement to register -- and she's 

 2   not a business, she's just little old grandma 

 3   trying to live in the very expensive State of New 

 4   York, trying to make ends meet.  And maybe that 

 5   little rent money that comes in helps her pay 

 6   those outrageous taxes on her property.  

 7                If she doesn't register, because I 

 8   think what you said in a very long-winded 

 9   answer -- I was hoping for a very short answer, 

10   that's why I said please keep it very simple -- 

11   you're going to make my grandmother register.  

12   This bill would make my grandmother register.

13                And so if she doesn't register, what 

14   you're saying is there's going to be a fine to 

15   anyone who doesn't register.  Is that correct?

16                SENATOR KAVANAGH:   Mr. President, 

17   through you, I look forward to meeting my 

18   colleague's grandmother at some point and we can 

19   discuss this further.  

20                But yes.  And with all due respect 

21   to my colleague's grandmother, who I'm sure is 

22   wonderful, if you are renting apartments to other 

23   people, you are in a business.  You're in the 

24   business of being a landlord, and you are renting 

25   apartments to people.  And in that circumstance, 


                                                               783

 1   there are a variety of requirements that already 

 2   adhere to your decision to do that.  And we are 

 3   adding one additional one, and that is a 

 4   requirement that they be registered.  And if you 

 5   fail to register, yes, it would be a $25 fine per 

 6   unit for failing or choosing not to register.

 7                SENATOR AMEDORE:   Through you, 

 8   Mr. President, if the sponsor will continue to 

 9   yield.

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?  

12                SENATOR KAVANAGH:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR AMEDORE:   For 

17   clarification, Senator Kavanagh, would the 

18   landlord as an entity, one, have to register one 

19   time in the state registry as well as if the 

20   local municipal required it, like for instance in 

21   New York City, that would be two times.  Or would 

22   the registry require the entity plus each unit 

23   that they rent?

24                SENATOR KAVANAGH:   Mr. President, 

25   there were two questions there.  I will attempt 


                                                               784

 1   to keep this short.  

 2                The first question is -- as I 

 3   understood it, would be:  Are you required to 

 4   register with a local registry?  And the answer 

 5   is yes if, in spite of our passage of this bill 

 6   and in spite of the many mechanisms in this bill 

 7   that are intended to have that local registry 

 8   count as this registration, if the locality chose 

 9   to continue, in spite of that, to have a separate 

10   local requirement that you register, the locality 

11   would not be preempted from doing so.  

12                But it is our expectation that the 

13   localities -- and we think there are a handful in 

14   the state that have registries now -- would 

15   conform their registries to this, and landlords 

16   in those jurisdictions would register only once 

17   in that circumstance.

18                And the second question is basically 

19   you are required to register as a landlord, and 

20   you would register -- in the circumstance we're 

21   talking about, an owner-occupied unit with two 

22   apartments, would register themselves as a 

23   landlord and they would specify that they have 

24   two units, and they would meet the requirements 

25   of the law with respect to those two units.


                                                               785

 1                SENATOR AMEDORE:   So through you, 

 2   Mr. President --

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?

 5                SENATOR KAVANAGH:   Yes, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.

 9                SENATOR AMEDORE:   So then would the 

10   fine be imposed upon the entity and the two units 

11   that are not registered now, if they fail to 

12   register?  Or if a landlord had multiple, 

13   hundreds of units, would the fine be the entity 

14   of $25 plus 100 units that weren't registered, 

15   which would then be multiplied by 25, which is 

16   now we're talking about big money in fines.  What 

17   is the correct answer to the fine?

18                SENATOR KAVANAGH:   So the -- again, 

19   the obligation goes to the landlord.  Apartments 

20   don't have an obligation to register themselves.  

21   So the landlord would be required to register, 

22   and if they failed to register a rental building, 

23   it would be $25 per unit in the covered dwelling.  

24                So a landlord that has another 

25   building across town that they're properly 


                                                               786

 1   registered for, that would not affect the penalty 

 2   for not registering this building.  But if this 

 3   is a two-unit building, it would be $25 times the 

 4   two units, for $50.  And if it's a 10-unit 

 5   building, it would be 25 times 10, and it would 

 6   be $250.

 7                SENATOR AMEDORE:   Through you, 

 8   Mr. President, would the sponsor continue to 

 9   yield.  

10                ACTING PRESIDENT BENJAMIN:   Will 

11   the sponsor yield? 

12                SENATOR KAVANAGH:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR AMEDORE:   So I think of a 

17   lot of the small business owners that are out 

18   there who do have income properties and that are 

19   landlords, and they may have multiple projects or 

20   multiple rental locations.  

21                So, Senator Kavanagh -- through you, 

22   Mr. President -- would the landlord be required 

23   to register the entity, the business name, the 

24   LLC or whatever it may be, sole proprietorship, 

25   whatever his corporate or her corporate structure 


                                                               787

 1   is, as well as each of the locations that the 

 2   dwelling units are at?

 3                SENATOR KAVANAGH:   I'm not sure I 

 4   understood this line of questioning, 

 5   Mr. President.  

 6                But yes, if you are a landlord in 

 7   the state, you are required to register the -- 

 8   your rental property through this thing.  And the 

 9   requirement is that each unit be -- that you 

10   register and specify the unit.  So if you're 

11   renting a hundred-unit building, you specify the 

12   hundred units in that building.  If you're 

13   renting a one-unit building, you specify the one 

14   unit.

15                And if you -- if you are -- if 

16   there's an LLC that I have a beneficial ownership 

17   in that owns a building and another LLC that I 

18   have a beneficial ownership in that owns a 

19   building, that the LLC is technically the 

20   landlord, each of those LLCs would have the 

21   obligation of registering.  And they would also 

22   have to specify that I'm the person that owns the 

23   thing.

24                SENATOR AMEDORE:   On the bill, 

25   Mr. President.


                                                               788

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Amedore on the bill.

 3                SENATOR AMEDORE:   Thank you, 

 4   Senator Kavanagh, for -- I know you and I have 

 5   had numerous conversations about this and other 

 6   bills that were on the agenda or the calendar 

 7   today.

 8                And, you know, Senator Helming I 

 9   think hit the ball out of the park when she 

10   talked about the word "onerous."  And there's no 

11   question -- and I know every single member in 

12   this chamber understands this, and I know the 

13   reason why, because we all say it in the district 

14   that we serve, why we go for Albany to fight for 

15   and to stand up for the rights of our 

16   constituents and individuals and to bring about 

17   some sensibility and to bring about affordability 

18   and to bring about a sense of well-being and 

19   quality of life for all New Yorkers.  We all talk 

20   about that.  We all got elected based on those 

21   principles.  

22                And we all sit here and we all fight 

23   and we all say, yeah, we need to do this and we 

24   need to change that, and we've got a budget 

25   coming up.  And you know, before you know it, 


                                                               789

 1   it's going to pass and what's the effect going to 

 2   be?  Hopefully more good than bad.  

 3                But unfortunately, this particular 

 4   bill adds and compounds to the pain and suffering 

 5   that our small businesses -- or even the 

 6   grandparents -- face in the State of New York.  

 7                And for full disclosure, Senator 

 8   Kavanagh, unfortunately you can't speak to my 

 9   grandmother anymore who had the apartment, 

10   because she is now deceased.

11                But I used that as an analogy, 

12   really because there's so many of us here who 

13   have loved ones or family members or friends, and 

14   their parents or their grandparents are in the 

15   same boat.  And they came to this country, they 

16   worked hard, and they may live in a two-story or 

17   a two-family or a three-family home, and in order 

18   to make ends meet, they rent it out.  Because 

19   their kids moved on, and they're old and they 

20   have this vacancy.

21                This body now is requiring big 

22   government to get the information from very 

23   small -- now small business owners or individuals 

24   who are just leasing out two apartments in their 

25   home to make ends meet, as if they were a large 


                                                               790

 1   developer that had hundreds or thousands of units 

 2   in the State of New York.  And if they don't do 

 3   so, we're going to fine you, penalize you.  

 4                This is not making New York more 

 5   affordable.  This is not even bringing a quality 

 6   of life to New Yorkers.  This is about more taxes 

 7   or more fees and more penalties that will be 

 8   imposed upon New Yorkers.  

 9                I don't even see how this is going 

10   to change the quality of a landlord who's a bad 

11   landlord and doing the wrong things and not 

12   making the necessary improvements in the dwelling 

13   units as they should and investing their money in 

14   making a habitable dwelling space safe and warm 

15   and cool and clean.  This does nothing about 

16   truly changing the quality of living conditions, 

17   but going after, what, more taxes, more revenue, 

18   more fines and fees?  

19                This is not the narrative that this 

20   house should be sending out.  Not in this day and 

21   age.  Not when we've got people leaving the State 

22   of New York, not by the thousands but by the tens 

23   of thousands, because of onerous, ridiculous 

24   overregulation -- legislation that this is 

25   because it will not change the quality of life 


                                                               791

 1   for any New Yorker.

 2                We think that a registry is going 

 3   fix -- you know, we've proposed registries.  

 4   Senator Tedisco has probably proposed the most 

 5   registries of anyone here in the chamber.  And he 

 6   proposes those because of the quality of life of 

 7   the circumstance or situation.  Sex offenders, 

 8   yeah, we should find out who they are, put them 

 9   on a registry.  Animal abusers, yeah, we should 

10   do that.  

11                But there's a lot of law-abiding 

12   good landlords who have never broken the law, who 

13   are taxpaying citizens or businesses in the State 

14   of New York, who already apply and abide by -- if 

15   there's a registry in a local municipality in 

16   that jurisdiction, then they sign up.  Why do we 

17   need a statewide if we already have a local?  

18   It's not necessary.

19                Now businesses will have to or 

20   individuals will have to register twice if 

21   required.  And it's double the fine or three 

22   times if required, triple the fines.  Doesn't 

23   change a single thing about bringing 

24   affordability and sensibility to the State of 

25   New York.


                                                               792

 1                And because of that, Mr. President, 

 2   I think this bill should hopefully get pulled and 

 3   worked on in a way that brings about 

 4   affordability and a quality of life for all 

 5   New Yorkers.

 6                I'll be voting in the negative.

 7                ACTING PRESIDENT BENJAMIN:   Are 

 8   there any other Senators wishing to be heard?  

 9                Seeing and hearing none, debate is 

10   closed.

11                The Secretary will ring the bell.  

12                Read the last section.

13                THE SECRETARY:   Section 4.  This 

14   act shall take effect immediately.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Robach to explain his vote.

20                SENATOR ROBACH:   Yes, 

21   Mr. President, very briefly.  

22                I don't even know -- I didn't want 

23   to take up more time, but Senator Kavanagh never 

24   really even indicated who wants this bill or what 

25   the need of it -- for it.  It's very duplicitous 


                                                               793

 1   {sic} at best.  There's no reason for it.  It 

 2   seems to me very much that this is bad for the 

 3   business and it's going to be bad for the 

 4   tenants.  

 5                I think we can all understand now 

 6   when you add costs, whether they're needed or 

 7   unneeded -- and I think in this one they're 

 8   unneeded -- you're just going to pass that on to 

 9   the people who are looking for a place to stay as 

10   affordable as possible.  And while it may only be 

11   a couple of hundred dollars over several years, 

12   everywhere I go in my district, people keep 

13   saying, Do what you can to reduce unnecessary red 

14   tape and cost to us.  And many of them do not 

15   believe we're going to do that, certainly in 

16   upstate New York, and they are voting with their 

17   feet.  

18                So this may seem funny to some 

19   people, or maybe only a couple of hundred dollars 

20   is a little bit of money in New York City and 

21   downstate New York.  What we believe in upstate 

22   New York we're hearing from the people we 

23   represent, if you can hear it, is it's kind of 

24   time to draw the line in the sand and say unless 

25   this is absolutely necessary, there is a purpose, 


                                                               794

 1   let's not add any more cost, let's not add any 

 2   more red tape.  

 3                And if it works in New York City, 

 4   God bless you.  We already have a local registry.  

 5   There's just no reason, there really is no reason 

 6   to have a duplicate statewide registry unless you 

 7   want to milk these people more and pass more 

 8   money on to the people who are renting.  

 9                I firmly cast my vote in the 

10   negative, and I hope for the remainder of the 

11   session we'll start to take a little bit more 

12   attitude, rather than laugh about it or 

13   cavalierly add to -- adding costs and things like 

14   this, without a very good reason.  

15                So I vehemently oppose this 

16   legislation.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Robach to be recorded in the negative.

20                Senator Little to explain her vote.

21                SENATOR LITTLE:   Thank you, 

22   Mr. President.  Just to explain my vote.  

23                I really am not aware of any of the 

24   towns in my six counties that have a rental 

25   registry.  I know if you have a larger business, 


                                                               795

 1   a rental business, you get a d/b/a, you go and do 

 2   that, so you are a designated business.

 3                I know I have a lot of second homes 

 4   who rent for a few months at a time.  Not always, 

 5   sometimes it's just a friendly rental.  They 

 6   would have to register their home on a statewide 

 7   registry.  

 8                I know that many of my communities 

 9   are because of Airbnb and Vrbo and all, are 

10   asking people who are putting their home on that 

11   place for rental, that they have to have a 

12   license and certain things to qualify for.

13                But I just think it's very, very 

14   onerous.  I know a guy who has like 1500 

15   apartments.  Twenty-five hundred dollars an 

16   apartment every year?  It's a money grab, really, 

17   because they're not getting anything back for it.  

18                And my biggest concern is that if 

19   they have a code violation, it goes on the 

20   registry.  My question is, when does it come off 

21   the registry?  And we know that many times, even 

22   on restaurants, if you go and look it up on the 

23   Department of Health, they'll have a health 

24   violation that's like a year old.  And you know 

25   that that place has had to correct it, and 


                                                               796

 1   they -- if you ask, you'll find out it did.  

 2                So I think there's way too much 

 3   going on with this bill, and I vote no.  

 4                Thank you.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Little to be recorded in the negative.

 7                Senator Skoufis to explain his vote.

 8                SENATOR SKOUFIS:   Thank you, 

 9   Mr. President.

10                I first want to commend my colleague 

11   Senator Kavanagh for this bill, and make it clear 

12   that the $25 that's been bandied around a little 

13   bit during this debate, that is not a fee, that 

14   is not a tax, that's not a cost.  That's what's 

15   charged if you fail to register the unit.

16                So to suggest that, you know, this 

17   is some kind of money grab -- this is the penalty 

18   associated with failing to register under this 

19   bill.

20                And as far as its value, look, you 

21   know, outside of New York City, there are a few, 

22   but most of the rest of the state does not have a 

23   registry like this.  There's going to be 

24   basically no duplication.  In fact in the bill 

25   that's been amended, if there is a local registry 


                                                               797

 1   that seeks to make public the same information 

 2   that this registry will make public, you don't 

 3   have to register in each of the two registries.

 4                And so I want to commend my 

 5   colleague on a very thoughtful bill and also take 

 6   this opportunity to thank him, the Housing 

 7   Committee, the IGO Committee, and in particular 

 8   two folks on my teams, Sara DiBernardo and 

 9   Michael Mazzariello, who as Senator Kavanagh 

10   noted, spent an exhaustive five months looking 

11   into an issue that is for many people an esoteric 

12   issue, not something that a lot of people in the 

13   Legislature pay much attention to.  But code 

14   enforcement is a nuts-and-bolts issue that 

15   affects every community in the state and pertains 

16   to a lot of folks' safety and well-being 

17   throughout New York.  

18                And so I want to thank the Majority 

19   Leader for her support of this effort, and my 

20   colleagues for supporting this package.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Skoufis to be recorded in the affirmative.

23                Senator Lanza to explain his vote.

24                SENATOR LANZA:   Thank you, 

25   Mr. President, to explain my vote.  


                                                               798

 1                Actually, you ought to read the 

 2   legislation.  It does call for a registration 

 3   fee.  And we don't know where it's going to 

 4   begin.  It'll start as $50, and we know how 

 5   things work around here; in five years it will be 

 6   $250.  So there is a fee, there is a cost.  

 7                And by the way, Senator Robach asked 

 8   the question, who is the constituent here that is 

 9   being served?  In other words, it seems to me 

10   that this is solution in search of a problem.  

11                We have a similar law in New York 

12   City.  I can tell you at least on Staten Island, 

13   it doesn't work.  It's a nuisance.  It doesn't 

14   help anything, it doesn't make anything better.  

15   This is just nothing more than big brother, 

16   government intrusion.  

17                Senator Robach, the constituent here 

18   is the government.  And we ought to remember that 

19   we're here to serve the people.  People make a 

20   decision every day in the State of New York:  

21   Should I live here, should I continue to raise my 

22   family here?  And more and more I hear from 

23   people, certainly in my district, that it's 

24   getting harder and harder to answer in the 

25   affirmative.


                                                               799

 1                Another piece to paper to fill out, 

 2   another fee, another tax, another fine.  None of 

 3   it making my life better.  People go to the 

 4   mailbox with fear.  Is there going to be another 

 5   bill in the mailbox?  And because of this law -- 

 6   this legislation, if it becomes law, there will 

 7   be another bill in the mailbox.  You have a 

 8   two-family home, you're providing a rental 

 9   property for someone else?  When you open your 

10   mailbox, there's going to be another bill, and 

11   government is going to be watching and government 

12   is going to intrude into your life.  And at the 

13   end of the day, serving no good interest.

14                Mr. President, I vote no.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Lanza to be recorded in the negative.

17                Senator Boyle to explain his vote.

18                SENATOR BOYLE:   Mr. President, to 

19   explain my vote quickly.  

20                I'd like to associate myself with 

21   the remarks of my colleagues.  

22                And the big question is why are we 

23   doing this.  If the talk is about code 

24   enforcement, I've got news for you.  I live in 

25   the Town of Islip, we have 325,000 people there.  


                                                               800

 1   A lot of them are renters and landlords.  And you 

 2   know how many violations they've given out in the 

 3   month of January that's just passed?  Because 

 4   with the new discovery laws, zero.  Not one 

 5   violation was given out in Islip in the month of 

 6   January.  

 7                So we're doing a lot of this, and 

 8   all we're going to do is add a list of landlords 

 9   and houses that are being rented and cause more 

10   problems with code enforcement, who are not able 

11   to do it, put violations out there now.  I vote 

12   in the negative.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Boyle to be recorded in the negative.

15                Senator Jackson to explain his vote.

16                SENATOR JACKSON:   Thank you, 

17   Mr. President and my colleagues.  I rise in order 

18   to speak on this particular bill.  

19                And I've listened to the testimony 

20   and discussion and debate on the floor, and I 

21   refer back to Senator Kavanagh, when he was 

22   responding.  And basically he said that the 

23   Investigations and Government Operations 

24   Committee investigated this matter and what they 

25   found out was that code enforcement officials had 


                                                               801

 1   difficulty serving notices of violations and 

 2   orders to comply because landlords do not reside 

 3   in the community of the property, or it's owned 

 4   by an LLC without a registered agent.

 5                Come on.  We're talking about a 

 6   accountability in the system.  And that's what we 

 7   need, and that's what we want.

 8                I say to you that obviously this was 

 9   taken up by New York City and other 

10   municipalities because it's very important.  And 

11   it should be statewide.  And we need 

12   accountability at every single level -- the local 

13   level, the regional level, and the statewide 

14   level.

15                Senator, thank you for holding the 

16   fort down and communicating why this bill is 

17   important.  

18                And let me thank Senator Skoufis and 

19   his Investigations Committee for doing a good job 

20   in bringing this forward.  And that's what 

21   brought about this legislation.  

22                So I vote aye, Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Senator 

24   Jackson to be recorded in the affirmative.

25                Senator Kavanagh to explain his vote 


                                                               802

 1   and close.

 2                SENATOR KAVANAGH:   Thank you, 

 3   Mr. President.

 4                I just want to note that it's 

 5   commonly the practice in this house to begin by 

 6   asking for an explanation for the bill.  My 

 7   colleague on the other side of the aisle just 

 8   started asking subsequent questions, and I 

 9   started answering them.  I presumably could have 

10   done what many other people do, which is make a 

11   several-minute speech about the bill before 

12   getting to the answer, and chose not to do so.  

13                And then once the debate was closed, 

14   it was noted that the question of why this 

15   bill -- we're doing this bill was not asked and 

16   not answered.  So let me take, in a few minutes 

17   now, the opportunity to speak about that.

18                We had, again, numerous hearings, we 

19   heard from numerous localities across the state.  

20   The notion that we're focused on New York City 

21   and New York City only is simply empty rhetoric.  

22   The Senate Housing Committee has had eight 

23   hearings in the past 14 months, and only one of 

24   them was in the City of New York.  

25                We have had roundtables, we've had 


                                                               803

 1   hearings, to get to the question of how we 

 2   improve affordability and how we improve housing 

 3   conditions in this state.

 4                We heard from tenants and we heard 

 5   from landlords and we heard from code enforcement 

 6   officials that it is very difficult to implement 

 7   the most basic laws that are intended to protect 

 8   the quality and safety of our housing because 

 9   they have a great deal of difficulty tracking 

10   where the rental housing is, who owns it, and how 

11   to get in touch with the beneficial owners.

12                It is -- very frequently people told 

13   us that it is residents of New York City that own 

14   this housing, and they own it through corporate 

15   entities that make it impossible for localities 

16   across this state to enforce their laws.  And the 

17   rental benefit is going to landlords that live in 

18   New York City that are unidentifiable by our 

19   localities.

20                We also heard that it is very 

21   difficult for localities to create systems like 

22   this by themselves.  The numerous towns and 

23   villages, for each of them to create their own 

24   registry would have been an enormous amount of 

25   effort on their part.


                                                               804

 1                What we are creating here is a 

 2   single statewide service that would allow all of 

 3   our localities and all of our code enforcement 

 4   officials to have tools necessary to enforce the 

 5   laws that protect the lives and safety and 

 6   habitability that New Yorkers have a right to 

 7   expect in their housing.  

 8                This is a very important piece of 

 9   legislation.  It will be broadly beneficial to 

10   the localities that we've been talking about so 

11   much today, and it will certainly be beneficial 

12   for the many, many tenants who are living in 

13   horrific conditions that we heard testimony from.  

14   And again, many members on both sides of the 

15   aisle were present for hearings.  We heard that 

16   last year.  

17                This is a big step forward.  I 

18   appreciate the opportunity to speak about it 

19   today.

20                I also will note that the 

21   Investigations Committee and Senator Skoufis and 

22   his colleagues did extraordinary work during the 

23   investigatory phase, but the Housing Committee 

24   and my colleagues on that also did hold -- did 

25   participate in those hearings.  And Amber 


                                                               805

 1   Marshall and Nic Rangel and Nadia Gareeb and my 

 2   own counsel, Andra Stanley, have also done great 

 3   work, and I wanted to acknowledge that as well.

 4                Thank you, Mr. President.  I vote 

 5   aye.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Kavanagh to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar 393, those Senators recorded in the 

11   negative are Senators Akshar, Amedore, Borrello, 

12   Boyle, Brooks, Felder, Flanagan, Funke, Gaughran, 

13   Griffo, Helming, Jacobs, Jordan, Kaminsky, Lanza, 

14   LaValle, Little, Martinez, O'Mara, Ortt, Ritchie, 

15   Robach, Serino, Seward and Tedisco.

16                Ayes, 35.  Nays, 25.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                Senator Gianaris, that completes the 

20   reading of the controversial calendar.

21                SENATOR GIANARIS:   Is there any 

22   further business at the desk?

23                ACTING PRESIDENT BENJAMIN:   There 

24   is no further business at the desk.

25                SENATOR GIANARIS:   Move to adjourn 


                                                               806

 1   until tomorrow, Thursday, February 13th, at 

 2   11:00 a.m.

 3                ACTING PRESIDENT BENJAMIN:   On 

 4   motion, the Senate stands adjourned until 

 5   Thursday, February 13th, at 11:00 a.m.

 6                (Whereupon, at 5:42 p.m., the Senate 

 7   adjourned.)

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