Regular Session - June 14, 2019

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		                                                               5459

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 14, 2019

11                     11:29 a.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  


                                                               5460

 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:   We have 

 9   today Father John Canorro, pastor of Christ the 

10   Good Shepherd Parish, to deliver the invocation.  

11                Father?  

12                PASTOR CANORRO:   Let us pray.

13                God, giver of all gifts and source 

14   of life, we ask You to pour out Your wisdom and 

15   grace on these New York State Senators today and 

16   every day.  

17                As our nation honors our Flag today, 

18   may these men and women be ever mindful of the 

19   symbol of our country.  As they see the white of 

20   the Flag, may they be reminded that they are 

21   called to serve with purity of heart, and reflect 

22   that purity in the laws that they pass.

23                As they see the red, may it remind 

24   them of the sacrifices of so many to give us the 

25   freedoms that we cherish, and they protect those 


                                                               5461

 1   freedoms in the decisions they make.

 2                As they look at the field of blue 

 3   and the 50 stars, may they do all they can to 

 4   make the State of New York a star that shines 

 5   bright for life, liberty and the pursuit of 

 6   happiness, and to safeguard it.  

 7                And we ask all of this through 

 8   Christ our Lord.  Amen.

 9                ACTING PRESIDENT BENJAMIN:   Father 

10   Canorro is from Oswego, New York.

11                Reading of the Journal.

12                THE SECRETARY:   In Senate, 

13   Thursday, June 13, 2019, the Senate met pursuant 

14   to adjournment.  The Journal of Wednesday, 

15   June 12, 2019, was read and approved.  On motion, 

16   Senate adjourned.

17                ACTING PRESIDENT BENJAMIN:   Without 

18   objection, the Journal stands approved as read.

19                Presentation of petitions.

20                Messages from the Assembly.

21                The Secretary will read.

22                THE SECRETARY:   On page 5, 

23   Senator Hoylman moves to discharge, from the 

24   Committee on Children and Families --

25                ACTING PRESIDENT BENJAMIN:   Order 


                                                               5462

 1   in the chamber, please.

 2                THE SECRETARY:   -- Assembly Bill 

 3   Number 3619A and substitute it for the identical 

 4   Senate Bill 1481A, Third Reading Calendar 134.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.

 7                THE SECRETARY:   On page 16, 

 8   Senator Mayer moves to discharge, from the 

 9   Committee on Investigations and Government 

10   Operations, Assembly Bill Number 6542 and 

11   substitute it for the identical Senate Bill 

12   Number 5081, Third Reading Calendar 503.

13                ACTING PRESIDENT BENJAMIN:   The 

14   substitution is so ordered.

15                THE SECRETARY:   On page 16, 

16   Senator Skoufis moves to discharge, from the 

17   Committee on Rules, Assembly Bill Number 7418 and 

18   substitute it for the identical Senate Bill 5191, 

19   Third Reading Calendar 506.

20                ACTING PRESIDENT BENJAMIN:   The 

21   substitution is so ordered.

22                THE SECRETARY:   On page 22, 

23   Senator Sepúlveda moves to discharge from the 

24   Committee on Crime Victims, Crime and Correction, 

25   Assembly Bill Number 4336 and substitute it for 


                                                               5463

 1   the identical Senate Bill 2692, Third Reading 

 2   Calendar 630.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   substitution is so ordered.

 5                THE SECRETARY:   On page 25, 

 6   Senator Stewart-Cousins moves to discharge, from 

 7   the Committee on Investigations and Government 

 8   Operations, Assembly Bill Number 2218A and 

 9   substitute it for the identical Senate Bill 3404, 

10   Third Reading Calendar 722.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                THE SECRETARY:   On page 28, 

14   Senator Comrie moves to discharge, from the 

15   Committee on Local Government, Assembly Bill 

16   Number 2947 and substitute it for the identical 

17   Senate Bill 2769, Third Reading Calendar 787.

18                ACTING PRESIDENT BENJAMIN:   The 

19   substitution is so ordered.

20                THE SECRETARY:   On page 30, 

21   Senator Addabbo moves to discharge, from the 

22   Committee on Rules, Assembly Bill Number 5767A 

23   and substitute it for the identical Senate Bill 

24   4165A, Third Reading Calendar 819.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5464

 1   substitution is so ordered.

 2                THE SECRETARY:   On page 31, 

 3   Senator Metzger moves to discharge, from the 

 4   Committee on Rules, Assembly Bill Number 6751 and 

 5   substitute it for the identical Senate Bill 5438, 

 6   Third Reading Calendar 849.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   substitution is so ordered.

 9                THE SECRETARY:   On page 36, 

10   Senator Kaplan moves to discharge, from the 

11   Committee on Commerce, Economic Development and 

12   Small Business, Assembly Bill Number 1971 and 

13   substitute it for the identical Senate Bill 5427, 

14   Third Reading Calendar 957.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                THE SECRETARY:   On page 40, 

18   Senator Harckham moves to discharge, from the 

19   Committee on Judiciary, Assembly Bill Number 

20   4766B and substitute it for the identical 

21   Senate Bill 5491, Third Reading Calendar 1067.

22                ACTING PRESIDENT BENJAMIN:   The 

23   substitution is so ordered.

24                THE SECRETARY:   Senator 

25   Stewart-Cousins moves to discharge, from the 


                                                               5465

 1   Committee on Finance, Assembly Bill Number 6694 

 2   and substitute it for the identical Senate Bill 

 3   4466, Third Reading Calendar 1214.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   substitution is so ordered.

 6                Messages from the Governor.  

 7                Reports of standing committees.

 8                Reports of select committees.

 9                Communications and reports from 

10   state officers.

11                Motions and resolutions.

12                Senator Gianaris.

13                SENATOR GIANARIS:   On behalf of 

14   Senator Comrie, on page 28 I offer the following 

15   amendments to Calendar Number 783, Senate Print 

16   5591, and ask that said bill retain its place on 

17   Third Reading Calendar.

18                ACTING PRESIDENT BENJAMIN:   The 

19   amendments are received, and the bill shall 

20   retain its place on the Third Reading Calendar.

21                SENATOR GIANARIS:   I wish to call 

22   up the following bills, which were recalled from 

23   the Assembly and are now at the desk:  

24                Senate Print 5473, by Senator 

25   Martinez; 


                                                               5466

 1                5522, by Senator Skoufis; 

 2                5815B, by Senator Kaplan.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   1195, Senate Print 5522, by Senator Skoufis, an 

 7   act to direct the Department of Education to 

 8   study the frequency of residents who are being 

 9   assessed library taxes.  

10                Calendar Number 1349, Senate Print 

11   5815B, by Senator Kaplan, an act to amend the 

12   Executive Law.  

13                Calendar Number 942, Senate Print 

14   5473, by Senator Martinez, an act to amend the 

15   Town Law.

16                SENATOR GIANARIS:   I move to 

17   reconsider the vote by which these bills were 

18   passed.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will call the roll on reconsideration.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 55.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bills are restored to their place on the 

25   Third Reading Calendar.


                                                               5467

 1                SENATOR GIANARIS:   I offer the 

 2   following amendments.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   amendments are received.

 5                SENATOR GIANARIS:   On behalf of 

 6   Senator Comrie, I move to amend Senate 5932B by 

 7   striking out the amendments made on June 13, 

 8   2019, and restoring it to its previous print 

 9   number, 5932A.

10                ACTING PRESIDENT BENJAMIN:   It is 

11   so ordered.

12                SENATOR GIANARIS:   I move to adopt 

13   the Resolution Calendar.

14                ACTING PRESIDENT BENJAMIN:   All in 

15   favor of adopting the Resolution Calendar please 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT BENJAMIN:    

19   Opposed, nay.

20                (No response.)

21                ACTING PRESIDENT BENJAMIN:   The 

22   Resolution Calendar is adopted.

23                Senator Gianaris.

24                SENATOR GIANARIS:   At this time, 

25   Mr. President, once again we're going to be 


                                                               5468

 1   simultaneously calling a Rules Committee meeting 

 2   immediately in Room 332 and taking up the 

 3   resolutions.

 4                ACTING PRESIDENT BENJAMIN:   There 

 5   will be an immediate meeting of the 

 6   Rules Committee in Room 332.  

 7                Senator Gianaris.  

 8                SENATOR GIANARIS:   Thank you.  

 9   Please take up previously adopted Resolution 795, 

10   by Senator Serino, read its title only, and 

11   recognize Senator Serino.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Senate Resolution 

15   795, by Senator Serino, memorializing Governor 

16   Andrew M. Cuomo to proclaim June 15, 2019, as 

17   Elder Abuse Awareness Day in the State of 

18   New York.

19                ACTING PRESIDENT BENJAMIN:   Order 

20   in the chamber, please.  Order in the chamber, 

21   please.

22                Senator Serino on the resolution.

23                SENATOR SERINO:   Thank you, 

24   Mr. President.

25                Tomorrow, June 15th, people from 


                                                               5469

 1   around the world will come together to observe 

 2   World Elder Abuse Awareness Day, in an effort to 

 3   shed light on the epidemic that has flown under 

 4   the radar for far too long.  

 5                This morning in my district, at our 

 6   community college, we had hundreds and hundreds 

 7   of people come together, and organizations, that 

 8   are all working on combating elder abuse.  Each 

 9   and every single person has the passion to work 

10   and do the things that all of us here need to do 

11   as well.

12                Elder abuse is one of the most 

13   underreported crimes out there.  And when you 

14   think about our seniors, all of us here are to be 

15   their voice.  So it was such an honor and a 

16   privilege to speak there this morning and know 

17   how much hard work they're doing for our 

18   communities, for our parents and our 

19   grandparents.  We want to see more events like 

20   this in communities throughout New York State.

21                While the statistics vary, we know 

22   that for every known case of elder abuse, reports 

23   estimate that at least 20 cases actually go 

24   unreported.  Financial abuse costs our seniors 

25   over a billion dollars each year.  And I can tell 


                                                               5470

 1   you this morning I had people that were coming up 

 2   and talking to me, whether they were accountants, 

 3   from a variety of organizations, that said they 

 4   want to get together with me because it is such a 

 5   problem.

 6                Our seniors were born and raised in 

 7   a generation defined by industrious independence, 

 8   a generation where self-sufficiency was valued 

 9   above all else.  And I think each and every one 

10   of us in this room know that too.  You don't see 

11   seniors asking for help.  You know, they try to 

12   take care of things on their own.  So can you 

13   imagine someone that's a victim of elder abuse?  

14   It's very hard and very challenging for them to 

15   come forward.  

16                And these statistics make it 

17   painfully clear that we can and we must do better 

18   to more effectively identify and combat abuse.  

19   Older New Yorkers play an invaluable role in the 

20   fabric of our society, and we have a 

21   responsibility to make sure that they can live 

22   out their lives and enjoy the communities that 

23   they have built, free from harm and safe from 

24   abuse.  

25                With World Elder Abuse Awareness Day 


                                                               5471

 1   just around the corner, I hope everyone here 

 2   today will take the opportunity to bring this 

 3   important message back to their communities.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   resolution was previously adopted on March 26th.

 7                Senator Biaggi.

 8                SENATOR BIAGGI:   At the request of 

 9   the sponsor of today's resolution, it is open for 

10   cosponsorship.

11                ACTING PRESIDENT BENJAMIN:   The 

12   resolution is open for cosponsorship.  Should you 

13   choose not to be a cosponsor of the resolution, 

14   please notify the desk.

15                Senator Biaggi.

16                SENATOR BIAGGI:   Yes.  The Senate 

17   will stand at ease, Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   Senate will stand at ease.

20                (Whereupon, the Senate stood at ease 

21   at 11:39 a.m.)

22                (Whereupon, the Senate reconvened at 

23   11:52 a.m.)

24                ACTING PRESIDENT BENJAMIN:   The 

25   Senate will return to order.


                                                               5472

 1                Senator Gianaris.  

 2                SENATOR GIANARIS:   Can we return to 

 3   reports of standing committees.

 4                I believe there's a report of the 

 5   Rules Committee at the desk.

 6                ACTING PRESIDENT BENJAMIN:   There 

 7   is a report of the Rules Committee at the desk.

 8                The Secretary will read.  

 9                THE SECRETARY:   Senator 

10   Stewart-Cousins, from the Committee on Rules, 

11   reports the following bills:  

12                Senate Print 1239A, by 

13   Senator Serino, an act to legalize, validate, 

14   ratify and confirm the actions of the 

15   Spackenkill Union Free School District; 

16                Senate Print 1810, by 

17   Senator Rivera, an act to amend the Public Health 

18   Law and the Insurance Law; 

19                Senate Print 2176, by 

20   Senator Bailey, an act to amend the New York 

21   State Urban Development Corporation Act and the 

22   Economic Development Law; 

23                Senate Print 2371B, by 

24   Senator Kaminsky, an act to amend the Penal Law;

25                Senate Print 3158, by Senator Ramos, 


                                                               5473

 1   an act to amend the Public Health Law and the 

 2   Insurance Law; 

 3                Senate Print 3200A, by 

 4   Senator Parker, an act to amend the 

 5   Mental Hygiene Law; 

 6                Senate Print 3221, by 

 7   Senator Sanders, an act to amend the 

 8   Real Property Law; 

 9                Senate Print 3766, by 

10   Senator Parker, an act to amend the 

11   Mental Hygiene Law; 

12                Senate Print 4417, by 

13   Senator Helming, an act in relation to 

14   authorizing the Town of Webster, County of 

15   Monroe, to alienate and convey certain parcels of 

16   land used as parklands; 

17                Senate Print 4454, by 

18   Senator Brooks, an act to amend the 

19   Insurance Law; 

20                Senate Print 4915A, by 

21   Senator Akshar, an act to amend the Highway Law; 

22                Senate Print 5006A, by 

23   Senator Parker, an act to amend the 

24   Executive Law;

25                Senate Print 5047, by 


                                                               5474

 1   Senator Krueger, an act to --

 2                ACTING PRESIDENT BENJAMIN:   Excuse 

 3   me.  Order in the chamber, please.  People are 

 4   having a hard time hearing.  Please.

 5                Thank you.

 6                THE SECRETARY:   Senate Print 5047, 

 7   by Senator Krueger, an act to amend the New York 

 8   Civil Court Act and the Real Property Actions and 

 9   Proceedings Law; 

10                Senate Print 5402, by 

11   Senator Persaud, an act to amend the 

12   Social Services Law; 

13                Senate Print 5466, by 

14   Senator LaValle, an act to amend Chapter 399 of 

15   the Laws of 2017;

16                Senate Print 5514A, by 

17   Senator Montgomery, an act to amend the 

18   Civil Practice Law and Rules; 

19                Senate Print 5545, by 

20   Senator Addabbo, an act to amend the Tax Law and 

21   the Labor Law; 

22                Senate Print 5582, by 

23   Senator Breslin, an act to amend the Tax Law; 

24                Senate Print 5595A, by Senator Liu, 

25   an act to amend the Tax Law; 


                                                               5475

 1                Senate Print 5625A, by Senator May, 

 2   an act to amend the State Finance Law; 

 3                Senate Print 5640B, by 

 4   Senator Skoufis, an act to amend the Town Law; 

 5                Senate Print 5644B, by 

 6   Senator Skoufis, an act to amend the Town Law; 

 7                Senate Print 5659, by 

 8   Senator Gounardes, an act to amend the 

 9   Administrative Code of the City of New York; 

10                Senate Print 5673, by 

11   Senator Gaughran, an act to amend the 

12   Public Service Law; 

13                Senate Print 5716, by 

14   Senator Metzger, an act to amend the 

15   Urban Development Corporation Act; 

16                Senate Print 5741, by 

17   Senator Skoufis, an act to amend the 

18   Social Services Law; 

19                Senate Print 5812, by 

20   Senator Kaplan, an act to amend the 

21   State Administrative Procedure Act; 

22                Senate Print 5820, by 

23   Senator Metzger, an act to direct the New York 

24   State Energy Research and Development Authority 

25   to study and make recommendations regarding the 


                                                               5476

 1   state's electric vehicle inventory;

 2                Senate Print 5849, by Senator May, 

 3   an act to amend the Environmental Conservation 

 4   Law; 

 5                Senate Print 5864A, by 

 6   Senator Jackson, an act to amend the Tax Law; 

 7                Senate Print 5871, by 

 8   Senator Martinez, an act to amend the 

 9   Environmental Conservation Law; 

10                Senate Print 6031, by Senator Mayer, 

11   an act to amend the Social Services Law and the 

12   Public Health Law; 

13                Senate Print 6358, by Senator Lanza, 

14   an act to amend Chapter 759 of the Laws of 1973; 

15   and 

16                Senate Print 6458, by 

17   Senator Stewart-Cousins, an act to amend 

18   Chapter 576 of the Laws of 1974.  

19                All bills reported direct to third 

20   reading.

21                SENATOR GIANARIS:   Move to accept 

22   the report of the Rules Committee.

23                ACTING PRESIDENT BENJAMIN:   All in 

24   favor of accepting the report of the 

25   Rules Committee signify by saying aye.


                                                               5477

 1                (Response of "Aye.")

 2                ACTING PRESIDENT BENJAMIN:    

 3   Opposed, nay.

 4                (No response.)

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   Rules Committee report is accepted.

 7                SENATOR GIANARIS:   Mr. President, 

 8   can we now take up the supplemental calendar, but 

 9   begin with Calendar Number 1407, by Leader 

10   Stewart-Cousins.

11                ACTING PRESIDENT BENJAMIN:   The 

12   Secretary will read.

13                THE SECRETARY:   Calendar Number 

14   1407, Senate Print 6458, by 

15   Senator Stewart-Cousins, an act to amend 

16   Chapter 576 of the Laws of 1974.

17                SENATOR GRIFFO:   Lay it aside.

18                ACTING PRESIDENT BENJAMIN:   Lay it 

19   aside.

20                SENATOR GIANARIS:   Mr. President, 

21   can we proceed with the controversial reading off 

22   of the supplemental calendar.

23                ACTING PRESIDENT BENJAMIN:   The 

24   Secretary will ring the bell.

25                The Secretary will read.


                                                               5478

 1                THE SECRETARY:   Calendar Number 

 2   1407, Senate Print 6458, by Senator 

 3   Stewart-Cousins, an act to amend Chapter 576 of 

 4   the Laws of 1974.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Amedore.

 7                SENATOR AMEDORE:   Thank you, 

 8   Mr. President.  Will the sponsor yield for some 

 9   questions, please?  

10                SENATOR GIANARIS:   Mr. President, 

11   Senator Kavanagh will be addressing questions on 

12   this bill.

13                ACTING PRESIDENT BENJAMIN:   Does 

14   the sponsor yield?

15                SENATOR KAVANAGH:   Yes, 

16   Mr. President.  

17                ACTING PRESIDENT BENJAMIN:   The 

18   sponsor yields.

19                SENATOR AMEDORE:   Thank you, 

20   Senator Kavanagh.

21                Through you, Mr. President.  I have 

22   a few questions here, so hopefully we can get all 

23   through and the answers are not pontificated as 

24   long as some other answers have been in the past.  

25   So we'll start with the first question here.


                                                               5479

 1                Are there currently any 

 2   qualifications for individuals to lease a 

 3   rent-stabilized unit?  

 4                SENATOR KAVANAGH:   Mr. President, 

 5   you know, I appreciate the gentleman from the 

 6   other side of the aisle's advice on the length of 

 7   answers.  And that is indeed a complicated 

 8   question, so I'm going to give a bit of a 

 9   complicated answer for the various aspects of the 

10   bill.

11                So, you know, throughout this 

12   session -- indeed, for many years -- New Yorkers 

13   have made one thing clear, and that is our state 

14   needs stronger laws to empower and protect 

15   tenants and halt the displacement that's ravaged 

16   many of our communities.  

17                The Housing Committee held five 

18   hearings that were attended by many members of 

19   this house, including members from both sides of 

20   the aisle, and during those hearings, we heard 

21   testimony from dozens and dozens of New Yorkers 

22   across this state indicating that these laws are 

23   not working for them today.  

24                After 13 years of advocating in the 

25   Assembly and the Senate for housing justice and 


                                                               5480

 1   decency, I'm proud to say that the Housing 

 2   Stability and Tenant Protection Act represents an 

 3   enormous progress towards fundamental fairness 

 4   for every New Yorker who rents their home.

 5                Before I get into the key points of 

 6   the bill, I just want to thank our legislative 

 7   leaders in both houses, Andrea Stewart-Cousins 

 8   and Carl Heastie, all of my colleagues in this 

 9   chamber and the Assembly who worked hard to get 

10   to this moment, and especially Senator Zellnor 

11   Myrie, whose work was truly essential.  And of 

12   course the many tenants who courageously told 

13   their stories on behalf of millions of their 

14   fellow tenants.  

15                So this bill makes many dramatic 

16   changes in the law that address the Senator's 

17   question.  First, the bill makes sweeping reforms 

18   to the system of affordability and tenant 

19   protection in the rent stabilization and rent 

20   control laws.  We're putting an end to the notion 

21   that these laws expire.  

22                As you know, Mr. President, our 

23   state laws authorizing localities to adopt rent 

24   regulation have previously expired every four 

25   years or so, and they are currently scheduled to 


                                                               5481

 1   expire tomorrow.  This bill will make them 

 2   permanent in the same manner as most other laws, 

 3   so they will not sunset at any time in the future 

 4   without an act of the Legislature to repeal them.

 5                We are authorizing any city, town 

 6   and village in the state to determine whether 

 7   they have a low vacancy rate that constitutes a 

 8   housing emergency under the terms of rent 

 9   stabilization and to adopt the program for their 

10   locality if they believe it to be beneficial in 

11   addressing that emergency.

12                Currently that option is only 

13   available in New York City and localities in 

14   Westchester, Nassau and Rockland counties.  Now 

15   it will be available statewide.

16                We're repealing many loopholes that 

17   have undermined the basic purposes of rent 

18   stabilization.  We're repealing the regulation 

19   provisions and the so-called vacancy bonus -- an 

20   increase in the legal rate of 20 percent or more 

21   at each vacancy -- which some of us think is more 

22   aptly named an eviction bonus.  These provisions 

23   have caused rampant speculation centered around 

24   the financial benefits to landlords of displacing 

25   their tenants and rapidly increasing rents.  


                                                               5482

 1                We're also limiting the 

 2   circumstances in which landlords can remove 

 3   tenants from rent-stabilized apartments to house 

 4   themselves or their families.  We're protecting 

 5   tenants whose current rent is below the legal 

 6   rent, commonly known as preferential rent, from 

 7   excessive increases for the duration of their 

 8   tenancy.

 9                We're also protecting 22,000 or so 

10   tenants in the rent control program by limiting 

11   rent increases to the reasonable level set by 

12   their local rent guidelines board.  We are 

13   ensuring that when landlords charge rents that 

14   are higher than the laws allow, tenants have an 

15   opportunity to prove they've been overcharged and 

16   receive refunds, and damages when the overcharge 

17   was a willful act of the landlord.

18                We're reforming the rules that allow 

19   landlords to raise rents when they spend money on 

20   major capital improvements to their buildings or 

21   improvements to individual apartments, ensuring 

22   that landlords get reasonable compensation for 

23   this work while ending the huge windfalls and 

24   excessive rent increases they can get under 

25   current laws.  And we're making these increases 


                                                               5483

 1   temporary and not permanent.

 2                We're also very significantly 

 3   reforming the laws that protect tenants in 

 4   buildings in New York City with rent-regulated 

 5   apartments when the owner seeks to convert a 

 6   co-op or a condominium.  In essence, we're saying 

 7   that these conversions can only occur when a 

 8   majority of the tenants want to participate by 

 9   buying their apartment.  And we're extending 

10   protections to tenants who choose not to buy and 

11   to tenants who move in later.

12                So those, Mr. President, are the 

13   major changes to the rent-stabilization and 

14   rent-control laws that protect about 2.5 million 

15   New Yorkers and may protect many more in the 

16   years to come.  We're also in this bill, of 

17   course, dealing with other laws that have 

18   statewide effect, and to manufactured homes.  But 

19   since those aren't relevant to the gentleman's 

20   question, I'll proceed to the particulars.

21                The laws, the rent-stabilization 

22   laws, are in place to protect the affordability 

23   of a particular group of apartments.  They do not 

24   apply to any building built after 1974 unless the 

25   landlord has voluntarily chosen to adopt rent 


                                                               5484

 1   regulation in exchange for some public benefit.  

 2   They don't apply to buildings with fewer than six 

 3   units.  But there are no qualifications under the 

 4   law that we're passing today that apply directly 

 5   to the tenants.

 6                SENATOR AMEDORE:   Through you, 

 7   Mr. President, will the sponsor continue to 

 8   yield?  

 9                ACTING PRESIDENT BENJAMIN:   Will 

10   the sponsor yield?

11                SENATOR KAVANAGH:   Happily, 

12   Mr. President.

13                ACTING PRESIDENT BENJAMIN:   The 

14   sponsor yields.

15                SENATOR AMEDORE:   I think as my 

16   first question I should have asked for an 

17   explanation of the bill.  But thank you for that 

18   detailed explanation.  

19                But my question was are there 

20   currently -- because I didn't hear the answer -- 

21   are there currently any qualifications for an 

22   individual, someone who is leasing a 

23   rent-stabilized unit, in the current laws that 

24   are about to expire tomorrow?

25                SENATOR KAVANAGH:   The 


                                                               5485

 1   qualifications for tenants to lease are the 

 2   qualifications that landlords choose to impose 

 3   when they seek to rent an apartment.  They can do 

 4   the usual process of checking the background of 

 5   their tenants.  They can do credit checks.  

 6                Once they lease an apartment and 

 7   once a tenant is in place, these laws are 

 8   intended to protect their tenancy as long as 

 9   they're able to pay their rent and as long as 

10   they're able to pay the reasonable increases that 

11   are available to them under the 

12   rent-stabilization and rent-control laws.

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 KAVANAGH:   Yes, 

19   Mr. President.

20                ACTING PRESIDENT BENJAMIN:   The 

21   sponsor yields.

22                SENATOR AMEDORE:   Thank you, 

23   Senator Kavanagh.

24                Those qualifications were probably 

25   to be -- some of them would be to disqualify.  


                                                               5486

 1   But I'm just trying to get an answer, because I 

 2   know the bill is fairly lengthy, and the issue is 

 3   very important because it affects millions of 

 4   New Yorkers.

 5                I believe that there are current 

 6   qualifications, threshold qualifications, or a 

 7   means set for those who will qualify for a 

 8   stabilization unit, is that correct?

 9                SENATOR KAVANAGH:   No.  Through 

10   you, Mr. President, that's not quite correct.  I 

11   think perhaps the gentleman is referring to the 

12   deregulation provisions that are applied to what 

13   is sometimes called high-income deregulation.  

14   But there are no qualifications that are mandated 

15   for anybody to rent one of these apartments.

16                SENATOR AMEDORE:   Through you, 

17   Mr. President, if the sponsor will 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 AMEDORE:   So then if a 


                                                               5487

 1   person or a household has an annual income of a 

 2   million dollars annually, would that household 

 3   then be eligible to rent a stabilized unit?

 4                SENATOR KAVANAGH:   Through you, 

 5   Mr. President.  If a landlord chooses to rent a 

 6   rent-stabilized apartment to a household with a 

 7   million-dollar income, and if a household with a 

 8   million-dollar income that presumably could rent 

 9   many different kinds of apartments chooses to 

10   rent a rent-regulated apartment, then that 

11   transaction would be valid under this law.

12                SENATOR AMEDORE:   Through you, 

13   Mr. President, if the sponsor will continue to 

14   yield.

15                ACTING PRESIDENT BENJAMIN:   Does 

16   the sponsor yield?

17                SENATOR KAVANAGH:   Yes, 

18   Mr. President.

19                ACTING PRESIDENT BENJAMIN:   The 

20   sponsor yields.

21                SENATOR AMEDORE:   Do you know how 

22   many units have left stabilization due to the 

23   high-rent, high-income deregulation program?  

24                SENATOR KAVANAGH:   About 6500 

25   units, is my understanding, is the number that 


                                                               5488

 1   have been deregulated through what is sometimes 

 2   called the high-income vacancy deregulation.  An 

 3   additional over 200,000 units have left the 

 4   system through what's sometimes called high-rent 

 5   vacancy deregulation.

 6                SENATOR AMEDORE:   Through you, 

 7   Mr. President, if the sponsor will 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 AMEDORE:   Thank you, 

16   Senator Kavanagh.

17                Does this bill prevent those 

18   households who can afford to pay market rate from 

19   renting stabilized apartments --

20                SENATOR KAVANAGH:   {Inaudible.}

21                SENATOR AMEDORE:   -- in turn -- in 

22   turn allowing those more likely who need help in 

23   housing allowance or housing itself to rent a 

24   stabilized unit?

25                SENATOR KAVANAGH:   Mr. President, I 


                                                               5489

 1   don't think I understood the conjunction there.  

 2   But the --

 3                SENATOR AMEDORE:   I could clarify 

 4   it for you.

 5                SENATOR KAVANAGH:   Yes.

 6                ACTING PRESIDENT BENJAMIN:   Go 

 7   ahead, clarify.  Please clarify.

 8                SENATOR AMEDORE:   Through you, 

 9   Mr. President.  So those who are -- who have the 

10   means to afford market rate but yet live in a 

11   stabilized unit take away -- because programs 

12   like this should help those who need a little 

13   assistance or help within the housing allowance 

14   versus to the ratio to their annual income.  

15                So someone who has a household 

16   income of maybe $60,000 living in New York 

17   City -- real small, housing is expensive -- I 

18   would think would qualify for a stabilized unit 

19   more than someone who has a household annual 

20   income of seven figures.

21                So would this bill, would this bill 

22   prevent that from happening?

23                SENATOR KAVANAGH:   Mr. President, 

24   just a few points.  

25                First of all, I appreciate the fact 


                                                               5490

 1   that the gentleman thinks that a $60,000 income 

 2   is a relatively low income and that people at 

 3   that income are worthy of protection under these 

 4   kinds of laws.  The current median income of 

 5   people renting a rent-stabilized apartment in 

 6   New York City is $45,753.  So the great majority 

 7   of people renting these apartments currently rent 

 8   at a level that -- have incomes at a level that 

 9   is below the $60,000 threshold that the gentleman 

10   cites.

11                In addition, it should be noted that 

12   under the current system, apartments that -- when 

13   somebody with a higher income leaves the unit, it 

14   is not the case that the rent goes down to a more 

15   affordable level that somebody with a lower 

16   income could afford.  And I think that folks in 

17   this chamber, especially those on the other side 

18   of the aisle, have defended repeatedly the 

19   ability of landlords to raise rents, and 

20   sometimes raise them very rapidly, on those 

21   apartments.

22                The current -- the provision that we 

23   are -- one of the provisions that we are 

24   repealing in this bill is a bill that ends the 

25   availability of apartments when somebody is 


                                                               5491

 1   making $200,000 or more in two consecutive years.  

 2   That is at the option of the landlord.  But it 

 3   doesn't provide that apartment as an affordable 

 4   apartment for anybody.  What it does is it takes 

 5   the apartment entirely out of the rent-regulated 

 6   system and it deregulates, the unit making it 

 7   available for someone with an even higher income.  

 8                We are eliminating that provision 

 9   today, along with many other provisions that we 

10   believe causes landlords to speculate on their 

11   ability to remove tenants to make excessive 

12   profits, and that diminish the ability of this 

13   program to protect affordability for the very 

14   people the gentleman is talking about.

15                SENATOR AMEDORE:   Through you, 

16   Mr. President, if the sponsor would continue to 

17   yield.

18                ACTING PRESIDENT BENJAMIN:   Does 

19   the sponsor yield?

20                SENATOR KAVANAGH:   Yes, 

21   Mr. President.

22                ACTING PRESIDENT BENJAMIN:   The 

23   sponsor yields.

24                SENATOR AMEDORE:   Thank you, 

25   Senator Kavanagh.


                                                               5492

 1                The latest New York City housing 

 2   vacancy survey stated that housing maintenance 

 3   conditions were very good.  And more than half of 

 4   all renter-occupied units reported no maintenance 

 5   deficiency in 2017.

 6                This bill drastically reduces the 

 7   amount a landlord is able to receive in increased 

 8   rent after providing major capital improvements, 

 9   MCIs, or individual apartment improvements, IAIs.  

10   What effects will this have on maintenance 

11   conditions of the units?

12                SENATOR KAVANAGH:   Through you, 

13   Mr. President.  We think that maintenance 

14   conditions in these buildings will continue to be 

15   at their current level.  We believe that this 

16   bill will continue to permit landlords to do the 

17   capital improvements that are necessary to keep 

18   their buildings in good shape and to comply with 

19   the many laws that require them to provide heat 

20   and decent housing conditions and habitability.

21                With respect to individual apartment 

22   improvements, those are often done, as the name 

23   suggests, to dramatically improve the apartment, 

24   to take it from a modest apartment that one 

25   person can afford to a much better, nicer, more 


                                                               5493

 1   expensive apartment that a different kind of 

 2   person with a much higher income can afford.  

 3                We don't believe that's about basic 

 4   housing quality.  That is often about 

 5   gentrification and displacement.  

 6                But again, we are retaining both the 

 7   individual apartment improvements and the major 

 8   capital improvement provisions at a level that we 

 9   believe gives landlords a reasonable return for 

10   the work they choose to do in these buildings.

11                SENATOR AMEDORE:   Through you, 

12   Mr. President, if the sponsor will continue to 

13   yield.

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR KAVANAGH:   Yes, 

17   Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR AMEDORE:   Thank you.

21                So with these reforms that you want 

22   to enact today, is there consideration for a 

23   landlord that needs to make improvements to a 

24   building?  Are they allowed to increase rent to 

25   make those improvements?


                                                               5494

 1                SENATOR KAVANAGH:   Through you, 

 2   Mr. President.  First of all, I would just add 

 3   that the kinds of things the gentleman was 

 4   talking about, maintenance improvements, the cost 

 5   of maintenance is included in the calculations of 

 6   reasonable rent increases that occur every year 

 7   through the Rent Guidelines Board.  So routine 

 8   maintenance that keeps the apartments and the 

 9   buildings in decent shape should be covered in 

10   that manner.

11                In addition, as I said, this law 

12   continues the major capital improvement increase 

13   program and the individual apartment improvement 

14   increase program, and it continues those at 

15   reasonable rates to prevent the enormous 

16   increases we've often seen in those programs in 

17   recent years and yet continue to give landlords a 

18   reasonable return on the amount of money that 

19   they spent so that they're appropriately 

20   incentivized to maintain roofs and boilers and 

21   windows and all the basic systems of the 

22   building, and also to make modest improvements in 

23   the quality of apartments, particularly when they 

24   become vacant.

25                SENATOR AMEDORE:   Through you, 


                                                               5495

 1   Mr. President, if the sponsor will continue to 

 2   yield.

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?   Does the sponsor yield? 

 5   Sponsor, do you yield?  

 6                SENATOR KAVANAGH:   Yes, 

 7   Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR AMEDORE:   Thank you.

11                Understanding maintenance and 

12   improvements, particularly when we're talking 

13   about buildings that were built before 1974 -- 

14   and you think about even the environmental 

15   hazards in those structures, they definitely need 

16   capital improvements.  And when a capital 

17   improvement is made, landlords typically use 

18   either out-of-pocket capital, equity, or they go 

19   and seek financing to pay for those projects.

20                Could reducing the amount that the 

21   landlord is able to recover in higher rent hinder 

22   their ability to receive funding to make these 

23   very expensive improvements?

24                SENATOR KAVANAGH:   Mr. President, 

25   through you.  It is true that hypothetically 


                                                               5496

 1   reducing the rate of return that a landlord gets 

 2   could impede the ability to get financing, but 

 3   not at the rates that are available under this 

 4   bill.  

 5                Under this bill, the landlord who 

 6   makes a major capital improvement gets 1/12th of 

 7   the amount they spend each year for the next 

 8   30 years.  It's 1/12th or 1/12.5 for a slightly 

 9   larger building.  For individual apartment 

10   improvements, they get 1/14th or 1/15th of that 

11   amount for the next 30 years.

12                Currently, the gentleman may know 

13   that under the individual apartment improvement, 

14   in a small building they get 30 percent of the 

15   amount they spend each year indefinitely.  We 

16   believe that that equates to a return on that 

17   investment of roughly 23 percent.  A 23 percent 

18   annual return on the amount they're investing.  

19   That means that a landlord that chooses to spend 

20   $40,000 on an apartment can get -- can raise the 

21   rent by $1000 a month forever as a result of that 

22   work.  And again, that equates to a return of 

23   about 23 percent.  

24                We do not believe that an 

25   unleveraged rate of return of 23 percent is 


                                                               5497

 1   necessary to secure funding for their buildings 

 2   and the continued work they need to do.

 3                SENATOR AMEDORE:   Will the sponsor 

 4   continue to yield?

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR KAVANAGH:   Yes, 

 8   Mr. President.  

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR AMEDORE:   This bill would 

12   cap the amount the building owner would be able 

13   to recover, up to $15,000 over a 15-year period, 

14   for no more than 3 units.  Do you have the 

15   average cost of any IAI?  

16                SENATOR KAVANAGH:   Mr. President, 

17   the gentleman -- it is a complicated bill, and 

18   the gentleman is stating it slightly 

19   inaccurately.

20                There would be -- the rule would be 

21   that they can make up to $15,000 in improvements 

22   on any one unit over the course of 15 years.  So 

23   they could do that in three different 

24   improvements to that one apartment.  And they 

25   would have that ability to do that for each of 


                                                               5498

 1   their apartments.

 2                Under current law there is basically 

 3   no limit to these improvements.  So we have had 

 4   landlords come tell us that making a $60,000 or a 

 5   $120,000 improvement to a single apartment is an 

 6   appropriate thing to do.  

 7                For the record, a $120,000 apartment 

 8   improvement would raise the rent, say, from 

 9   $1,000 a month to $4,000 a month.  We don't 

10   believe public policy is well-served by that.  

11                Having said that, the rules that we 

12   are enacting today in this bill balance the needs 

13   of landlords to continue to invest in their 

14   buildings, both in the major systems of the 

15   buildings and improvements to individual 

16   apartments, with the needs of tenants to continue 

17   to be able to live in their communities.

18                SENATOR AMEDORE:   Through you, 

19   Mr. President, if the sponsor will continue to 

20   yield.

21                SENATOR KAVANAGH:   Yes, 

22   Mr. President.

23                ACTING PRESIDENT BENJAMIN:   Does 

24   the sponsor yield?  The sponsor yields.

25                SENATOR AMEDORE:   So on average, 


                                                               5499

 1   how many units receive IAI over a given year?

 2                SENATOR KAVANAGH:   Slightly over -- 

 3   I don't have lots of historical data on this.  

 4   But we believe there are slightly over 100,000 

 5   individual apartment improvements approved each 

 6   year.

 7                SENATOR AMEDORE:   Through you, 

 8   Mr. President, will the sponsor continue to 

 9   yield?  

10                ACTING PRESIDENT BENJAMIN:   Does 

11   the sponsor yield?  Does the sponsor yield? 

12                SENATOR KAVANAGH:   Thank you, 

13   Mr. President, yes.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR AMEDORE:   I know, Senator 

17   Kavanagh, you went around the state, you had some 

18   housing hearings.  In most hearings we heard from 

19   tenants that they feared retaliation if they 

20   filed a complaint against the landlord.  Does 

21   this legislation provide any protection?  

22                SENATOR KAVANAGH:   Mr. President, 

23   with respect to the previous answer, to clarify, 

24   I checked with the staff of the Housing 

25   Committee; the number of IAIs is slightly under 


                                                               5500

 1   100,000.  It's many tens of thousands, it's not 

 2   quite 100,000, but it's something in that -- 

 3   that's the right ballpark for those.

 4                SENATOR AMEDORE:   I thought you 

 5   were going to correct it.  I thought you were 

 6   going to correct it.

 7                SENATOR KAVANAGH:   Okay.  But it's 

 8   still a similarly substantial number.

 9                The gentleman is referring to other 

10   provisions of the building that are beyond the 

11   rent-regulation provisions.  This bill creates a 

12   new set of rules for all tenants, regardless of 

13   whether they're rent-regulated or what part of 

14   the state they're in, addressing situations in 

15   which they are seeking to rent an apartment or 

16   when they are in an apartment and they're looking 

17   to continue to live in that apartment or when 

18   they're facing eviction.  I could go through 

19   those provisions if the gentleman would like.

20                SENATOR AMEDORE:   Will the sponsor 

21   continue to yield?  

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?   Does the sponsor yield?

24                SENATOR KAVANAGH:   Yes, 

25   Mr. President.


                                                               5501

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AMEDORE:   So there is 

 4   anonymity protection for tenants who file a 

 5   complaint?  Did you say that there was?  

 6                SENATOR KAVANAGH:   There's -- there 

 7   are a series of protections.  These are various 

 8   stronger laws that protect security of tenants 

 9   statewide and not just, again, in rent-regulated 

10   units.  

11                We're banning so-called tenant 

12   blacklists, protecting tenants from 

13   discrimination based on the fact that they've 

14   chosen to defend their rights in court.  We're 

15   eliminating application fees and limiting fees 

16   for background checks and other costs landlords 

17   sometimes impose before even agreeing to rent an 

18   apartment.  We're limiting security deposits to 

19   one month's rent and requiring landlords to 

20   return them promptly when the tenant is entitled 

21   to get them back.  And we're requiring landlords 

22   to provide notice to tenants if they intend to 

23   increase the rent more than 5 percent or if they 

24   intend not to renew the lease.

25                We have a wide variety of 


                                                               5502

 1   protections in eviction proceedings as well.  We 

 2   are strengthening the protections against 

 3   retaliatory evictions, making it clear that the 

 4   predicate act for a retaliatory eviction could be 

 5   a complaint to the landlord.  If you're a tenant 

 6   and you complain repeatedly about the fact that 

 7   your apartment has rodents or your apartment has 

 8   no heat, you can go to a court and you can -- 

 9   when the landlord is trying to evict you and you 

10   can assert that that is the basis for -- that is 

11   the actual reason they're evicting you.  And the 

12   landlord then would have to show a different 

13   reason.  

14                We are providing tenants with more 

15   time in those eviction proceedings -- to get a 

16   lawyer, to fix any violation of their leases, or 

17   to pay the rent they owe.  And we're expanding 

18   the ability of judges to stay an eviction if it 

19   would cause extreme hardship for tenants.

20                SENATOR AMEDORE:   Thank you.

21                Will the sponsor continue to yield?  

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?

24                SENATOR KAVANAGH:   Yes, 

25   Mr. President.


                                                               5503

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR AMEDORE:   Senator Kavanagh, 

 4   the ETPA allows for an emergency declaration to 

 5   any class of housing accommodations within a 

 6   locality.  For localities outside of New York 

 7   City, who will define what a class of housing 

 8   would be?

 9                SENATOR KAVANAGH:   Thank you.  

10   Mr. President, through you.

11                The ETPA permits localities to study 

12   market conditions in their own locality and 

13   choose whether to opt into the rent stabilization 

14   system if they meet the minimum qualifications.

15                Under the state law, no apartment in 

16   any building with fewer than six units built 

17   after 1974 can be regulated.  Whatever the 

18   locality decides, they can't regulate anything 

19   that is in a building with fewer than six units 

20   or anything that was built after 1974.

21                What they must do is choose a class 

22   of housing within that restriction.  Most 

23   localities that have chosen to opt in simply 

24   study the vacancy rate within all buildings of 

25   six units or more built before 1974.  Some have 


                                                               5504

 1   chosen to study the housing within, say, 10 units 

 2   or more built before 1974.

 3                Once they do that, if they determine 

 4   there is a vacancy rate of less than 5 percent, 

 5   they may opt into this program.

 6                SENATOR AMEDORE:   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 AMEDORE:   How would a rent 

16   guideline board decide the rent of a newly 

17   stabilized apartment? 

18                SENATOR KAVANAGH:   Through you, 

19   Mr. President.  There is -- basically there is a 

20   review -- again, a review of the housing 

21   conditions to determine there is in fact a 

22   housing emergency.  

23                A rent guidelines board is created.  

24   The rent guidelines board is generally about 

25   setting increases going forward.  So the rent 


                                                               5505

 1   guidelines board each year -- and this already 

 2   happens, again, in localities across Westchester, 

 3   Nassau and Rockland counties and in the City of 

 4   New York -- each year studies market conditions, 

 5   studies the costs of maintaining buildings, 

 6   studies other factors that are enumerated in this 

 7   law, and sets a rent-increase level that they 

 8   believe is appropriately balancing the 

 9   affordability needs of the tenants and the needs 

10   of landlords to pay their expenses.

11                SENATOR AMEDORE:   Through you, 

12   Mr. President, will the sponsor continue to 

13   yield?  

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR KAVANAGH:   Yes, 

17   Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR AMEDORE:   So would a 

21   property owner have any say or appeal during the 

22   process of the building becoming stabilized?  

23                SENATOR KAVANAGH:   Through you, 

24   Mr. President.  Again, it is the governing body 

25   of the locality who makes this choice.  


                                                               5506

 1   Presumably property owners and other residents of 

 2   that jurisdiction have an opportunity to weigh in 

 3   on the decision of their local governing body on 

 4   whether rent stabilization is a sensible program 

 5   for them.

 6                But there is no individual ability 

 7   for landlords to opt in or out of the program 

 8   once it's created.

 9                SENATOR AMEDORE:   Through you, 

10   Mr. President, will the sponsor yield?  

11                ACTING PRESIDENT BENJAMIN:   Will 

12   the sponsor yield?

13                SENATOR KAVANAGH:   Yes, 

14   Mr. President.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AMEDORE:   So if a locality 

18   decides that they want to enact the ETPA and they 

19   select a neighborhood, that neighborhood has 

20   private property that's owned by an individual or 

21   a family or a corporation or a not-for-profit, 

22   that entity has no say whether those units are in 

23   or out of the program?

24                SENATOR KAVANAGH:   Through you, 

25   Mr. President.  First of all, just to clarify one 


                                                               5507

 1   thing the gentleman said, localities don't have 

 2   the option of choosing to regulate one 

 3   neighborhood but not another neighborhood.  They 

 4   can either choose to adopt rent regulation 

 5   throughout their jurisdiction or not to do so.

 6                They can choose the types of 

 7   buildings that are regulated, but basically that 

 8   has been limited to the size of the building.

 9                With respect to the particular 

10   examples the gentleman gave, there is a general 

11   exemption for buildings that are used for 

12   nonprofit -- exclusively for nonprofit purposes.  

13   Those are generally not rent-regulated.  There's 

14   an exception that's actually being adopted in 

15   this bill for situations where nonprofits are 

16   going out and renting units to house homeless or 

17   formerly homeless people or other people who need 

18   that kind of housing.  In that case, when they're 

19   renting from private owners, those will continue 

20   to be rent-regulated under this system.

21                But whether it's a corporation or a 

22   private owner of the building has no bearing on 

23   whether it's rent-regulated.  It's simply a 

24   question of whether the building was built before 

25   1974 and whether it meets the standard that the 


                                                               5508

 1   locality has chosen to adopt in terms of the size 

 2   of the building and any other qualifications.

 3                SENATOR AMEDORE:   Through you, 

 4   Mr. President, if the sponsor would continue to 

 5   yield.

 6                ACTING PRESIDENT BENJAMIN:   Does 

 7   the sponsor yield?

 8                SENATOR KAVANAGH:   Yes, 

 9   Mr. President.  

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR AMEDORE:   So if determined 

13   that the locality no longer has an emergency 

14   housing crisis because they fixed it, they fixed 

15   their vacancy crisis, how does a locality go 

16   about leaving the stabilization system?  And do 

17   the units go back on market rate?

18                SENATOR KAVANAGH:   Through you, 

19   Mr. President.  First of all, the locality may, 

20   at its option, opt out of rent stabilization at 

21   any time, even if they have not solved their 

22   emergency housing crisis.  A simple review of the 

23   conditions and a decision that rent stabilization 

24   is no longer serving the needs of the locality is 

25   sufficient to opt out.  They simply need to enact 


                                                               5509

 1   a law or a resolution or whatever their local 

 2   governing body does to speak for the locality, 

 3   and they opt out of the program.

 4                In addition, the current law 

 5   requires that the program be eliminated if the 

 6   vacancy rate in the relevant housing stock 

 7   exceeds 5 percent.

 8                SENATOR AMEDORE:   Through you, 

 9   Mr. President, will the sponsor continue to 

10   yield?  

11                ACTING PRESIDENT BENJAMIN:   Does 

12   the sponsor yield?

13                SENATOR KAVANAGH:   Yes, 

14   Mr. President.

15                ACTING PRESIDENT BENJAMIN:   The 

16   sponsor yields.

17                SENATOR AMEDORE:   How many 

18   localities which would now be covered under this 

19   bill -- because we're talking about a statewide 

20   approach here, not just limiting it to New York 

21   City -- is believed to have vacancy rates under 

22   5 percent in buildings with at least 6 units or 

23   more?  

24                SENATOR KAVANAGH:   Through you, 

25   Mr. President, it's a difficult question to 


                                                               5510

 1   answer.  

 2                The way this has typically worked is 

 3   localities that believe they have a tight housing 

 4   market and believe that a low vacancy rate is 

 5   making it difficult for landlords and tenants to 

 6   make free decisions that -- where they have equal 

 7   bargaining power, must engage in a study to 

 8   determine whether the vacancy rate in their 

 9   particular housing stock that would be regulated 

10   is below 5 percent.

11                There is census data at the sort of 

12   locality level and the county level as to overall 

13   vacancy rates.  But that kind of granular data 

14   about whether your building is built before 1974 

15   and with six or more units is not readily 

16   available.

17                So for example, we're standing now 

18   in the City of Albany, which by some measures has 

19   a vacancy rate of below 5 percent.  But I don't 

20   think anybody knows at this moment whether this 

21   city has a vacancy rate below 5 percent in 

22   buildings built before 1974 with six or more 

23   units.  So if the City of Albany were to choose 

24   to go down this path, the first thing they would 

25   do is have to do a more detailed study of their 


                                                               5511

 1   vacancy rate.

 2                SENATOR AMEDORE:   Through you, 

 3   Mr. President, if the sponsor will continue to 

 4   yield.

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR KAVANAGH:   Yes, 

 8   Mr. President.  

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR AMEDORE:   To give you your 

12   answer, according to -- as of 2017, the vacancy 

13   rate in the City of Albany was 5.10 percent.  

14   That's according to the census of the American 

15   Community Survey.

16                SENATOR KAVANAGH:   {Inaudible.}

17                SENATOR AMEDORE:   But my 

18   question -- my question to you, Senator Kavanagh, 

19   is do localities in counties not subject to rent 

20   regulation have an affordability crisis due to 

21   low vacancy rates?

22                SENATOR KAVANAGH:   Through you, 

23   Mr. President.  The testimony that we heard and 

24   many other indicators are -- lead to the 

25   conclusion that there is a very broad 


                                                               5512

 1   affordability and housing crisis in this state 

 2   that goes beyond vacancy rates.

 3                We have eviction rates, we have 

 4   housing quality standards that suggest to us that 

 5   this is a much broader crisis.  But this law 

 6   we're talking about today defines the housing 

 7   emergency as a low vacancy rate because of the 

 8   simple fact if the vacancy rate is low enough, 

 9   tenants don't have enough options to choose from 

10   and landlords have excessive bargaining power in 

11   their relationships with tenants.

12                That's the theory of this.  It's 

13   been the theory of this for decades.  And it is 

14   the theory that is the basis of the legislative 

15   finding that we'll be enacting today.

16                SENATOR AMEDORE:   Through you, 

17   Mr. President, if the sponsor will 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 AMEDORE:   Does this bill 


                                                               5513

 1   provide any localities any additional resources 

 2   or tools for local code enforcement officials to 

 3   go after either bad landlords or, including those 

 4   buildings that are not subject to this program, 

 5   is there any help for the localities to enforce 

 6   old aging building codes?  Make them --

 7                SENATOR KAVANAGH:   Mr. President, 

 8   as the gentleman knows as the ranking member of 

 9   the Housing Committee, the Housing Committee and 

10   the Committee on Investigations and Governmental 

11   Operations held joint hearings on this very 

12   topic, the topic of code enforcement in smaller 

13   localities throughout the state, and particularly 

14   focusing on four, including the City of Albany.  

15                And this bill does not reflect the 

16   legislation that might be appropriate based on 

17   our findings at those hearings, but I hope the 

18   gentleman agrees that additional legislation and 

19   perhaps additional resources would be 

20   appropriate.  And that is something that we 

21   expect to take up in the near future.  

22                SENATOR AMEDORE:   Through you, 

23   Mr. President, will the sponsor continue to 

24   yield?

25                ACTING PRESIDENT BENJAMIN:   Does 


                                                               5514

 1   the sponsor yield?

 2                SENATOR KAVANAGH:  Yes, 

 3   Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   sponsor yields.

 6                SENATOR AMEDORE:   We know that the 

 7   ETPA requires the HCR, Division of Home and 

 8   Community Renewal, to maintain an office in the 

 9   counties that they have the program, except in 

10   Nassau, Rockland and Richmond.  

11                So what is the fiscal associated 

12   with -- in this bill that will require the 

13   opening of the HCR offices in upstate counties 

14   that don't have this program?  

15                SENATOR KAVANAGH:   Mr. President, 

16   it's -- through you, it's very hard to predict, 

17   because of course we don't know which localities 

18   will qualify to opt into this program because we 

19   don't yet know what the results of their 

20   legalized studies of their own housing markets 

21   might reveal.  

22                We of course also don't know which 

23   localities might decide that this is an 

24   appropriate program for their locality.  

25                But in the event that they do, 


                                                               5515

 1   the -- under this bill, the law would require 

 2   that HCR provide an office so that people can 

 3   interact with the state agency that is 

 4   administering this program.  And of course in 

 5   Albany County I think it's fair to say that HCR 

 6   already has an office, but they might have to 

 7   look to open other offices in other counties if 

 8   localities choose to opt in.  And of course the 

 9   fiscal costs of that would be up to the Executive 

10   to propose in the Executive Budget.

11                SENATOR AMEDORE:   Through you, 

12   Mr. President, will the sponsor continue to 

13   yield?  

14                ACTING PRESIDENT BENJAMIN:   Does 

15   the sponsor yield?

16                SENATOR KAVANAGH:   Yes, 

17   Mr. President.

18                ACTING PRESIDENT BENJAMIN:   The 

19   sponsor yields.

20                SENATOR AMEDORE:   This is my last 

21   question, Senator Kavanagh.

22                So this bill, has it -- have you 

23   made any determination what the state fiscal 

24   impact would be?  It sounds like you haven't 

25   considered that.  You know that there's going to 


                                                               5516

 1   be some, and now you're going to -- you just said 

 2   that you're going to rely on the Governor to come 

 3   up with some type of appropriation.

 4                SENATOR KAVANAGH:   Mr. President, 

 5   through you.  A few points.  First of all, we 

 6   considered this greatly.  And we have had 

 7   hearings and we've heard from the commissioner of 

 8   HCR, who formally testified at one of our 

 9   hearings about this.  And we also, of course, 

10   have long experience with working on and passing 

11   a State Budget that reflects these costs.  

12                Just a few points to note.  First of 

13   all, under current law, the locality that opts 

14   into this program must reimburse HCR for the cost 

15   of administering the Rent Guidelines Board, which 

16   is the main cost to HCR.  HCR provides the staff 

17   support for localities, and the localities -- 

18   who, again, have chosen voluntarily to opt into 

19   this program -- reimburse HCR for the cost of 

20   administering this program.  

21                Secondly, this bill increases the 

22   fee -- there is currently a fee of $10 per 

23   apartment for a rent-regulated apartment.  This 

24   bill increases that fee to $20 for all the 

25   apartments.  Given that there are over a million 


                                                               5517

 1   apartments already in the system, that is likely 

 2   to generate about $10 million, and the bill 

 3   specifies that that money ought to be available 

 4   to administer this program for the costs of the 

 5   Office of Rent Administration and the Tenant 

 6   Protection Unit.  

 7                So we do not believe that there is a 

 8   meaningful state fiscal impact to this bill.

 9                SENATOR AMEDORE:   I found one more 

10   question.  So Mr. President -- 

11                ACTING PRESIDENT BENJAMIN:   Does 

12   the sponsor yield?

13                SENATOR KAVANAGH:   Mr. President, 

14   even though the gentleman promised that was his 

15   last question --

16                SENATOR AMEDORE:   It's an easy 

17   question for you.

18                SENATOR KAVANAGH:   -- I'd be happy 

19   to take as many questions from him as he'd like 

20   to offer.

21                ACTING PRESIDENT BENJAMIN:   The 

22   sponsor yields.  

23                SENATOR AMEDORE:   And if you could 

24   just give it a yes or no, that would be great.

25                SENATOR KAVANAGH:   Was that a 


                                                               5518

 1   question, Mr. President?  

 2                SENATOR AMEDORE:   Does this bill 

 3   loosen any zoning restrictions that would lead to 

 4   increased development of affordable housing?  

 5                SENATOR KAVANAGH:   I actually -- 

 6   it's difficult to hear.  I missed the question, 

 7   Mr. President.

 8                SENATOR AMEDORE:   Does this bill 

 9   loosen zoning restrictions that would lead to 

10   increased development of affordable housing?  

11                SENATOR KAVANAGH:   Mr. President, 

12   as I'm sure the gentleman knows, zoning 

13   restrictions are a very important matter of local 

14   concern and local control.  

15                This bill does not presume to reach 

16   into the zoning resolutions of various 

17   localities, so it does not have that effect.  If 

18   localities believe that changing the zoning might 

19   increase availability of housing and affordable 

20   housing, they can do so, as New York City 

21   has done for many years now.

22                SENATOR AMEDORE:   Thank you, 

23   Senator Kavanagh.

24                SENATOR KAVANAGH:   Thank you.

25                ACTING PRESIDENT BENJAMIN:   Senator 


                                                               5519

 1   Krueger.  Are you on the bill, or are you asking 

 2   questions?  

 3                SENATOR KRUEGER:   I'm on the bill.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Krueger on the bill.

 6                SENATOR KRUEGER:   Thank you.  Thank 

 7   you, Mr. President.

 8                First off, I want to say how proud I 

 9   am of my leader, the sponsor of this bill, Andrea 

10   Stewart-Cousins; my colleagues who have worked so 

11   hard on this bill, Brian Kavanagh, Zellnor Myrie; 

12   the amazing staff work that went into this 

13   through endless statewide hearings and 

14   discussions and meetings.

15                And I will say honestly, I came here 

16   in 2003 -- I was basically drafted against my 

17   will to run.  I was doing eviction prevention and 

18   antipoverty work.  But I recognized that we 

19   needed to change the housing and tenant 

20   protection laws in this state as well as other 

21   crucial programs for lower-income New Yorkers, or 

22   I would live to see a skyrocketing crisis of 

23   homelessness, of people having to decide between 

24   feeding their children or paying their rent, of 

25   people in panic and desperation over recurring 


                                                               5520

 1   evictions.

 2                I thought perhaps, when I came here 

 3   in 2002, we could accomplish those goals more 

 4   quickly than we have.  Instead, it took us this 

 5   many years to get to this day.  And during that 

 6   time period, guess what, Mr. President?  I was 

 7   absolutely right.  All the things that I feared 

 8   did occur.  The homelessness rate in New York 

 9   City is beyond anyone's comprehension of what it 

10   could have looked like when I got here in 2002.  

11   The desperation we heard from people throughout 

12   the State of New York in our hearings, as far 

13   north as you can go and throughout the city and 

14   Long Island -- that the crisis is there, 

15   everywhere.

16                We've waited too long.  So much 

17   damage has happened.  We won't be able to undo 

18   the damage with this law, but at least we can put 

19   a floor on trying to stop more harm coming to 

20   more New Yorkers.  This is one of the most 

21   important pieces of legislation that will pass in 

22   this house in a very, very long time.  I don't 

23   think it will be the last very important bill, 

24   but it is perhaps the most important one I have 

25   been here for.  


                                                               5521

 1                And so I am very proudly voting yes.  

 2   I will back up any argument that is made against 

 3   any section of this bill, because each and every 

 4   piece has been thoroughly vetted and discussed 

 5   and analyzed.  And what we are doing -- perhaps 

 6   not perfect, but in the best interests of, yes, 

 7   all 20 million New Yorkers.  

 8                It's not just the million who live 

 9   under rent regulation now, or the more than a 

10   million in 900-and-something thousand units.  

11   It's not just the other people who may be 

12   impacted by some of the tenant protections that 

13   go beyond just rent regulation.  It actually is 

14   good for the entire universe of people in housing 

15   in the State of New York.  Because if you are 

16   avoiding throwing people out of their homes, 

17   avoiding such an overheated real estate market, 

18   you are actually holding the line for everybody a 

19   step above or a step above that.  

20                And so there's a domino impact when 

21   there's bad housing policy, and we saw that for 

22   40 years.  And I also believe we will see a 

23   domino impact for good housing policy and better 

24   protections for now and into the future.

25                So again, Mr. President, really, 


                                                               5522

 1   thank you to all of my colleagues and the staff 

 2   for their work.  And I said to several people 

 3   today I just can't stop smiling today, 

 4   Mr. President, I'm so very happy that we have 

 5   come to this point.  I vote yes.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Myrie on the bill.

 8                SENATOR MYRIE:   Thank you, 

 9   Mr. President.

10                I want to start by thanking the 

11   leader, Senator Andrea Stewart-Cousins, and the 

12   Speaker of the Assembly, Carl Heastie, for making 

13   this act a priority in both of our houses.  We 

14   were dared to legislate, and we did.  

15                I want to thank Senator Kavanagh, 

16   our chair of our Housing Committee, who worked 

17   tirelessly and excellently to help put together 

18   the best housing package that we could have 

19   gotten.  Every tenant in the State of New York 

20   should thank Senator Kavanagh for his work on 

21   this.  And I really wanted to put that on the 

22   record, because most people don't see that work, 

23   but I want to make sure that people know it.

24                I want to thank our staff, who 

25   worked side by side with us to help get the best 


                                                               5523

 1   bill that we could.  We could not have done this 

 2   without you, and I want to publicly recognize you 

 3   for that.

 4                And I want to thank our tenants, 

 5   because without you, this would not be possible.  

 6   Our names are on the bill and we are the 

 7   cosponsors, but all your names should be on the 

 8   bill.  You are the ones that brought us to this 

 9   point today.  Tenants from Buffalo to Brooklyn, 

10   tenants who are on the edge of eviction, our 

11   tenants and neighbors in manufactured homes -- 

12   you brought us to this point today.

13                Now, this is a long bill and it's a 

14   complicated bill and it's packed with policy.  

15   And over the coming days and the coming weeks and 

16   the coming months, we will take time to unpack 

17   all of that.

18                But I want to step back for a 

19   second, because the Housing Stability and Tenant 

20   Protection Act of 2019 is a once-in-a-generation 

21   bill.  It is historic by any definition of the 

22   word.  And it will impact millions of people 

23   across the State of New York.

24                This act is intended to do exactly 

25   what the title suggests:  To stabilize a 


                                                               5524

 1   speculative housing market and to protect the 

 2   people most affected by that speculation, our 

 3   tenants.  

 4                "Profits over people" isn't just a 

 5   catch phrase, it is a reality in the State of 

 6   New York.  I have lived it.  My mom came to this 

 7   country 40 years ago, moved into a rent- 

 8   stabilized apartment.  It is where I grew up.  It 

 9   is where I live today.  The district that I 

10   represent, we have some of the most 

11   rent-stabilized units in the entire State of 

12   New York.  So this is a personal issue for me.  

13                We held hearings all across the 

14   state, including in my district, and we heard 

15   horror story after horror story after horror 

16   story of tenants who saw the ground beneath them 

17   shift, the communities that they made attractive 

18   that they can no longer afford to live in.  The 

19   tools of speculation -- vacancy decontrol, MCIs, 

20   the eviction bonus, IAIs, retaliatory 

21   evictions -- all used to get people out of their 

22   communities in the name of profit.

23                And it's not a new toolbox.  It's 

24   the same toolbox that has been used in this 

25   country for a very long time.


                                                               5525

 1                Now, some people have called us 

 2   crazy for wanting to protect our tenants, for 

 3   wanting to adjust that toolbox.  But luckily, I 

 4   came with my receipts today.  I want to read a 

 5   couple of items, and I'd like for you to guess 

 6   what year it is from.  

 7                This is an article in the New York 

 8   Times.  The title says "The Realty Market Breaks 

 9   All Records for Speculative and Investment Buying 

10   During This Year."  This happened to be 1919, 

11   100 years ago.  At its peak, when the real estate 

12   industry was benefiting from speculative methods, 

13   the City of New York decided to investigate.  And 

14   let me read a part of that investigation. 

15                It says:  "In the course of the 

16   investigation instituted by this committee, it 

17   has been found that the majority of the 

18   complaints from month-to-month tenants of rent 

19   increases exists in the Borough of the Bronx, the 

20   Washington Heights section of the Borough of 

21   Manhattan, and the Brownsville section in the 

22   Borough of Brooklyn."  This is an investigation 

23   from 100 years ago.

24                Now, many people have said, Well, if 

25   we try to tamp down that speculation, if we try 


                                                               5526

 1   to fight for the tenants that are victims of that 

 2   speculation, no one will build anymore, the 

 3   economy will collapse.  

 4                By 1922, construction had climbed to 

 5   record levels.  And during that entire decade, 

 6   New York experienced a net increase of over 

 7   100,000 apartments.  That's two years after we 

 8   were the first state in the nation to institute 

 9   rent control.  It was a response, the emergency 

10   rent laws, to this speculation.  And year after 

11   year we have been fighting to renew this and 

12   protect the tenants, and the same arguments are 

13   being made.  

14                Here's an article from 99 years ago.  

15   It says:  "The Attitude of the Real Estate Board 

16   of New York Explained.  Consensus of the opinion 

17   that the restrictive legislation aimed to catch 

18   profiteers will not produce housing."

19                It is the same argument a century 

20   later to protect profits over people.  

21                But today, in this chamber, the 

22   tenants will win for once.  This is about 

23   protecting our communities, the communities that 

24   make us who we are, the communities that make 

25   this state great.  Today we take a step to 


                                                               5527

 1   protect them.  

 2                And it's just a first step.  There 

 3   are many other issues that we have to fight for 

 4   to preserve affordable housing.  We have to look 

 5   at our tax system.  We have to look at the 

 6   incentives that we give to build.  There's much 

 7   work to be done, and I look forward to working 

 8   with all of my colleagues from both sides of the 

 9   aisle to help in that development.

10                But I stand proudly today, shoulder 

11   to shoulder with all of my colleagues, to support 

12   a bill that will change the face of this state.  

13   I urge you to consider the millions of people 

14   that will be protected by what we are going to do 

15   today.

16                Thank you very much.

17                ACTING PRESIDENT BENJAMIN:   Senator 

18   Boyle.

19                SENATOR BOYLE:   Mr. President, 

20   would the chairman yield for a couple of 

21   questions?

22                ACTING PRESIDENT BENJAMIN:   Does 

23   the sponsor yield?

24                SENATOR KAVANAGH:   Yes, 

25   Mr. President.


                                                               5528

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   sponsor yields.

 3                SENATOR BOYLE:   Thank you.  

 4                Senator, just asking about the 

 5   makeup of these boards outside of New York City.  

 6   The municipality can opt in, correct -- and this 

 7   is a town and village -- but the board itself 

 8   would be on a county level; is that correct?  How 

 9   is that going to work?  

10                SENATOR KAVANAGH:   Yes, thank you, 

11   Mr. President, it's a good question.

12                The boards are currently done at the 

13   county level.  They are constituted by two 

14   representatives of landlords, two representatives 

15   of tenants, and five of what are called public 

16   members, who cannot be people who are part of the 

17   regulated community.

18                Under current law, it simply says 

19   there's a county-level board.  There are 

20   nominations from the county legislature to the -- 

21   that are submitted to HCR, and HCR formally 

22   constitutes the board.  

23                We are adding a provision in this 

24   bill that makes it clear that in the new counties 

25   we are adding, the board must be representative 


                                                               5529

 1   of the localities themselves, as well as being 

 2   done at the county level.

 3                SENATOR BOYLE:   Will the sponsor 

 4   continue to yield?  

 5                ACTING PRESIDENT BENJAMIN:   Does 

 6   the sponsor yield?

 7                SENATOR KAVANAGH:   Yes, 

 8   Mr. President.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   sponsor yields.

11                SENATOR BOYLE:   Just to expand on 

12   that a little more, out on Long Island and in 

13   upstate New York we have some small villages, for 

14   example.  And you're saying that this board would 

15   perhaps have a representative of -- I mean, we 

16   have some very small villages that may opt in.  

17                So there would be a representative 

18   from that village?  Does the person have to live 

19   in that village or town to be on the board?  

20                SENATOR KAVANAGH:   Through you, 

21   Mr. President.  Again, so first of all, the ETPA 

22   has been in place for a very long time in Nassau 

23   and Westchester and Rockland counties.  

24                The provision that we've added that 

25   is about how the boards are constituted applies 


                                                               5530

 1   to the 54 counties that we are adding to the law 

 2   today.  And it simply says that HCR shall 

 3   reconstitute the board such that it is 

 4   representative of the localities.  And HCR 

 5   would -- it instructs HCR to provide rules as to 

 6   how they would do that.

 7                And again, I would note that we're 

 8   adding new counties.  Presumably the first 

 9   locality within a new county that opts in would 

10   be the only locality at that moment.  And 

11   presumably the board would be particularly 

12   reflective of that locality.  But as additional 

13   localities are added, the county and HCR need to 

14   balance the membership of the board so that it's 

15   representative of all the localities in that 

16   county.

17                SENATOR BOYLE:   Will the sponsor 

18   continue to 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 BOYLE:   So I'm just 


                                                               5531

 1   wondering how big a deal it is.  I know Nassau 

 2   County, they have God knows how many villages.  

 3   They have a ton.  I represent part of Suffolk 

 4   County; we have a lot of villages too, and towns.  

 5   And so how big could this board potentially be?  

 6   And how are you going to have these people 

 7   representative who don't live anywhere near the 

 8   village or locality?  

 9                SENATOR KAVANAGH:   Right.  So, 

10   Mr. President, through you.  

11                First of all, the board is a 

12   nine-person board.  It would have two 

13   representatives of the landlord interests and two 

14   representatives of the tenant interest, and five 

15   public members.  

16                The first thing that would have to 

17   happen in Suffolk County is that multiple 

18   localities would have to determine that they have 

19   the relevant housing stock.  So for example, a 

20   place like Patchogue Village or Babylon Village 

21   might decide that their vacancy rate is very low 

22   in the relevant stock and make a resolution.  

23                At the point one of those does that, 

24   HCR and the county would have to create the first 

25   Suffolk County rent guidelines board, and its 


                                                               5532

 1   charge would be to set rent -- reasonable 

 2   increases only for that locality.

 3                At the point where a second locality 

 4   opts in, this bill instructs HCR to ensure that 

 5   the board is representative of both of those 

 6   localities.  The bill does not specify how that 

 7   will be done.  That will be up to HCR, in 

 8   regulations.  

 9                Presumably if this Legislature does 

10   not like the manner in which HCR chooses to do 

11   that -- and again, we are expressing an intent 

12   that this be representative of localities, 

13   because we think it's very important that local 

14   control be the core of this bill -- we could 

15   certainly be more specific in how we tell HCR to 

16   do that.

17                SENATOR BOYLE:   Mr. President, on 

18   the bill. 

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Boyle on the bill.

21                SENATOR BOYLE:   My colleagues, this 

22   is a historic day in Albany, but I'm not sure 

23   it's a historic day for good reasons.  

24                We have tried this rent regulation 

25   for decades.  Getting back -- World War II, we 


                                                               5533

 1   had an emergency, I understand, a big war going 

 2   on and soon thereafter, finding housing stock -- 

 3   but that emergency goes on and on and on.  2019, 

 4   we're still living under an emergency-related set 

 5   of housing laws.  

 6                Why don't we try something 

 7   different?  Go to the free market, a truly free 

 8   market.  And I'm not saying it's going to go away 

 9   tomorrow or next year or five years from now.  

10   But in the 1990s we started on a slide towards a 

11   free market system, giving incentives to 

12   developers to create more housing stock, more 

13   units.  That will lower the price.  

14                A good example is where I live in 

15   Suffolk County.  We have a thing that's caught on 

16   in the last 15 years called transit-oriented 

17   development, TOD.  Apartments above retail 

18   located near train stations, young millennials 

19   are coming in by the droves.  Rental units.  Now, 

20   Long Island has the lowest percentage of rental 

21   property of any metropolitan area in the entire 

22   country.  But that is changing very rapidly 

23   because of free-market-oriented, transit-oriented 

24   development.  

25                Let's try it a different way.  


                                                               5534

 1   Instead of putting government rate decreases and 

 2   levels on these units, let's let the free market 

 3   decide.  The developers will come in, they'll 

 4   create more units, and I guarantee you the prices 

 5   will go down.  We'll see if I was right in about 

 6   five years.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Little.

10                SENATOR LITTLE:   Thank you, 

11   Mr. President --

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Little, are you on the bill or are you asking 

14   questions?  

15                SENATOR LITTLE:   I would like to 

16   ask the sponsor a few questions, if I may, and 

17   then speak on the bill.

18                ACTING PRESIDENT BENJAMIN:   Sure.

19                SENATOR LITTLE:   Thank you.

20                I am going to focus on Part O of the 

21   bill, because it addresses mobile home parks.  

22   And while we're talking mostly -- and actually, 

23   my initial thought on the bill was this was about 

24   metropolitan areas and rent control and all of 

25   that.  


                                                               5535

 1                So I was kind of surprised to find 

 2   this section in here about the mobile home parks.  

 3   But it does affect upstate New York and 

 4   Long Island, and we have some good ones, we have 

 5   some not-so-good ones.  There are some good 

 6   things in the changes and the additions to this.  

 7                But I would like to ask, first of 

 8   all, if the sponsor would respond to a question 

 9   as to what is the definition --

10                ACTING PRESIDENT BENJAMIN:   Will 

11   the sponsor yield for a question?  

12                SENATOR KAVANAGH:   Yes, 

13   Mr. President.

14                ACTING PRESIDENT BENJAMIN:   The 

15   sponsor yields.

16                SENATOR LITTLE:   Thank you.  I'd 

17   like to know the definition of a mobile home 

18   park.  Is there a threshold on number, location, 

19   or what?

20                SENATOR KAVANAGH:   Mr. President, 

21   just paging through this long bill to Part O.  

22                This is -- as the Senator knows, 

23   this is an issue that the Housing Committee took 

24   up earlier this year, and we did advance a bill 

25   to this floor sponsored by Senator May on this 


                                                               5536

 1   issue.  And other Senators have also 

 2   introduced -- including Senator Metzger, have 

 3   introduced legislation on this issue.

 4                The mobile home and manufactured 

 5   home parks are already regulated entities under 

 6   HCR, and they are defined as such.  So this is 

 7   not -- one is not a mobile home park if one -- or 

 8   a manufactured home park if one just drops a 

 9   manufactured home on a piece of land somewhere.

10                The purpose of this provision is to 

11   recognize the fact that manufactured home owners, 

12   who often own the structure they live in but not 

13   the land underneath the structure, are 

14   particularly vulnerable to some potentially very 

15   bad practices.  And we have heard testimony and 

16   we have been contacted by many people, and the 

17   Executive has also expressed a great concern --  

18   HCR, which regulates these -- that there is 

19   increasing speculation, where people will buy the 

20   land and then rapidly increase the rents or, in 

21   fact, convert the land to a different use.

22                So the purpose of this bill is to 

23   take that already regulated kind of housing and 

24   create some tougher restrictions on rent 

25   increases and evictions.


                                                               5537

 1                SENATOR LITTLE:   Thank you.  If the 

 2   sponsor would yield to a clarification, perhaps.

 3                ACTING PRESIDENT BENJAMIN:   Does 

 4   the sponsor yield?

 5                SENATOR KAVANAGH:   Happily, 

 6   Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   sponsor yields.  

 9                SENATOR LITTLE:   My concern with 

10   the number is I have some where there are three, 

11   five, six, 10 mobile homes together on one parcel 

12   of land, and yet I'm not sure that that 

13   constitutes an official park.  

14                And I have worked a lot on the 

15   mobile home issue in my years as the Housing 

16   chair.

17                SENATOR KAVANAGH:   Mr. President, I 

18   was remiss in not recognizing that fact.  And the 

19   Senator and I have discussed this issue at 

20   various times during this year, and her 

21   leadership on this issue has been very important 

22   over the course of many years.

23                This is currently regulated under 

24   Real Property Law and the Motor Vehicle Law, 

25   interestingly.  What is defined as a mobile or 


                                                               5538

 1   manufactured home is under the Motor Vehicle Law, 

 2   which is a bit relic of a time when these things 

 3   typically were more likely to have wheels and be 

 4   more mobile than they are today.  

 5                The Real Property Law defines what a 

 6   mobile or manufactured home park is.  And again, 

 7   these are really statewide.  There are 

 8   manufactured home parks in Staten Island and all 

 9   the way upstate and all the way across to Western 

10   New York.  And again, it might surprise people in 

11   this chamber to note that there are nearly 

12   200,000 housing units that are in manufactured 

13   home parks.  

14                So this is a very big issue.  We are 

15   offering what we think of as a robust set of 

16   protections for these residents.  And if the 

17   Senator wishes to review the laws that define 

18   what constitutes a mobile home park and maybe 

19   expand that or clarify that -- I don't believe 

20   this bill does that, but it's certainly something 

21   that we ought to take up.  And I would be happy 

22   to work with the Senator on that.

23                SENATOR LITTLE:   Thank you.  And I 

24   too would be glad to work on it, because some of 

25   the requirements --


                                                               5539

 1                ACTING PRESIDENT BENJAMIN:   Are you 

 2   on the bill?  Or are you asking a question?  

 3                SENATOR LITTLE:   A little of both.

 4                (Laughter.)

 5                ACTING PRESIDENT BENJAMIN:   What 

 6   are you doing first?  

 7                SENATOR LITTLE:   I'm preparing my 

 8   question.

 9                ACTING PRESIDENT BENJAMIN:   Senator 

10   Little on the bill.

11                SENATOR LITTLE:   Thank you.

12                Some of the requirements that we see 

13   in here in regard to sales, in regard to rent 

14   increases, would really be inappropriate in a 

15   small, even family gathering.  

16                I have many, many mobile homes in my 

17   district, some on land that they own themselves, 

18   some in groups on land but not really named or 

19   defined as a mobile home park, and they would 

20   have difficult complying with all of this.  

21                So I just would ask that -- I 

22   assume, and I'm asking, all of this, would this 

23   apply to those smaller groups?  They're not even 

24   parks.

25                SENATOR KAVANAGH:   Yeah.  Through 


                                                               5540

 1   you, Mr. President, if something qualifies as a 

 2   mobile home park, this law would apply.  It does 

 3   not apply in a situation where somebody owns the 

 4   land themselves who is the resident or owns 

 5   the -- the person who owns the manufactured home 

 6   also owns the land.  It does not apply to a 

 7   single manufactured home that's sitting on a 

 8   piece of land owned by somebody else.  

 9                It applies to groups of manufactured 

10   homes that are already defined in the Real 

11   Property Law as parks.  Generally speaking, that 

12   is groupings on a single piece of land that are 

13   three or more manufactured homes, if I'm not 

14   mistaken.  And again, we're not altering the 

15   definition of that in this bill.

16                SENATOR LITTLE:   Okay, thank you.  

17                If the sponsor would respond to 

18   another question.

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 LITTLE:   This bill seems to 


                                                               5541

 1   be more about the ability to increase -- there 

 2   are some things in here, I would just like to 

 3   say, that I do support.  

 4                Certainly the lease-to-purchase 

 5   agreement really needed to be addressed, and I 

 6   commend you for addressing that in here.  Because 

 7   so many people we have run into think that their 

 8   rent is being applied to the purchase of the 

 9   mobile home they're in, and it's not.

10                Do the rent increase -- does that 

11   apply only to the rent for the lot?  

12                SENATOR KAVANAGH:   First of all, 

13   thank you for your comments.  I hadn't mentioned, 

14   but this does have very specific protections in 

15   rent-to-own agreements.  They're similar to 

16   provisions that might apply in other kinds of 

17   housing but have so far excluded manufactured 

18   homes.

19                And yes, the rent-increase 

20   provisions in this bill apply to the rent of the 

21   land.  And those provisions require that if the 

22   rent increase is greater than 3 percent a year, 

23   that it needs to be justified by specific costs.  

24   And of course those costs could be many.  Many 

25   manufactured home park owners are responsible for 


                                                               5542

 1   sewer lines and water lines and other utilities 

 2   or other aspects of the thing, or fuel costs.  

 3   All of those things might be a perfectly 

 4   reasonable justification for a greater than 

 5   3 percent increase.  

 6                What you can't do is raise the rent 

 7   because, you know, you want to speculate on just 

 8   how much rent you can extract from folks without 

 9   your costs changing.

10                And in addition, if your rent is 

11   going to go above 6 percent, you would need to 

12   apply to HCR and demonstrate that it would be a 

13   hardship not to allow a 6 percent increase.

14                SENATOR LITTLE:   If the sponsor 

15   would yield to another question.

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 LITTLE:   One of the things 

23   in here it says is that you cannot -- the 

24   manufactured home owner cannot increase the rent 

25   unless the person has a lease.  What if the 


                                                               5543

 1   person refuses to sign a lease?  

 2                SENATOR KAVANAGH:   I'm not sure 

 3   which -- do you have the provision you're 

 4   referring to so we can discuss it specifically?  

 5                SENATOR LITTLE:   I didn't write 

 6   down which spot it was in, but it's definitely 

 7   here.

 8                On page 67, No. 4, if a manufactured 

 9   home park owner or operator fails to offer a 

10   tenant a lease, as provided in this subdivision, 

11   the tenant shall have all the rights of a 

12   leaseholder and may not be evicted for other than 

13   the reasons specified.  

14                But it also said that he could not 

15   increase their rent, and that was elsewhere.

16                SENATOR KAVANAGH:   Through you, 

17   Mr. President, I wanted to actually look at the 

18   language the Senator is referring to.  But I 

19   believe that she is referring to the provision 

20   that basically it does not require -- it does not 

21   say that if the person refuses to sign a lease 

22   you can't evict them.  It says that the owner 

23   must offer them a lease, and it also says that 

24   they can't evict them for nonpayment if they are 

25   refusing to offer a lease.


                                                               5544

 1                But it does not require that a 

 2   tenant be able to stay there indefinitely if they 

 3   decline to sign a lease.

 4                SENATOR LITTLE:   Okay.  If the 

 5   sponsor would yield to just a couple more 

 6   questions.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR KAVANAGH:   Yes, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR LITTLE:   You know, I 

14   believe in disclosure, and there's a lot of 

15   disclosure in here that I think is good.  But one 

16   of the things is if the mobile home park owner 

17   wants to sell or has an offer to sell, he must 

18   disclose the price, who the offerer is, and 

19   everything to the tenants or the manufactured 

20   home organization if they have one, or their 

21   homeowners association if they have one, to them.  

22                And then they have like 140 days to 

23   come back and offer to purchase the park 

24   themselves.  And in that meantime, it doesn't 

25   appear -- and correct me if I'm wrong -- it does 


                                                               5545

 1   not appear that the mobile home park owner can do 

 2   anything but sit on his hands and wait to see 

 3   what happens for 140 days.  He has to disclose 

 4   the offer, and if there's a counteroffer, and 

 5   just wait to see if the park is going to organize 

 6   and be able to purchase.

 7                And I have had a park in my district 

 8   who did form a co-op and is in the process of 

 9   purchasing.  And thankfully, through Housing 

10   Community Renewals there is a area where they can 

11   get a loan to begin the process to purchase their 

12   park.

13                So, I mean, there's a lot of good 

14   things here, I'm not slamming the whole thing.  

15   I'm just trying to get at how much more difficult 

16   we're making it for a mobile home park owner.

17                SENATOR KAVANAGH:   You know, 

18   thank you.  Through you, Mr. President.  

19                First of all, I do want to clarify.  

20   I misspoke before.  To the extent that somebody 

21   is applying for a hardship to get a large rent 

22   increase, it would be to a court, not HCR.  And I 

23   misspoke and said they would be -- that would be 

24   an application to HCR.

25                On the issue of the -- I think the 


                                                               5546

 1   Senator may be conflating provisions that are 

 2   about the sale of individual -- about the rights 

 3   of individual owners -- residents of these parks 

 4   relative to the owner and the provisions that 

 5   deal with the entire parcel being sold.

 6                But the latter are basically -- both 

 7   of those kinds of provisions are intended to 

 8   reflect the fact that somebody owns a home 

 9   that -- notwithstanding the fact that we 

10   sometimes call it a mobile home -- is not 

11   particularly mobile.  In many cases these 

12   structures are quite grounded on the land, they 

13   are not easily movable without being damaged or 

14   destroyed.

15                So what we're trying to do here is 

16   balance the interests of the residents who have 

17   this asset that they can't effectively move that 

18   is in fact their home, and people who have chosen 

19   to be in the business of renting land to people 

20   for that purpose.

21                So we're setting a fairly lengthy 

22   time frame in which the residents have to be 

23   given notice that they're planning to sell the 

24   park and turn it to a different use.  And, 

25   indeed, we're giving the opportunity for the 


                                                               5547

 1   owners -- typically it would be collectively -- 

 2   to put together an offer to purchase the park 

 3   that might be competitive with the offer that the 

 4   park owner is getting to sell it to a third party 

 5   for perhaps some different use that would require 

 6   them to vacate the property.  

 7                So again, we think that balances 

 8   those interests very well.  And again, it's to 

 9   reflect the fact that residents of these 

10   communities may be particularly vulnerable, given 

11   that they've got so much of their assets invested 

12   in this property that's really not movable.

13                SENATOR LITTLE:   Thank you.

14                And on the bill, Mr. President.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Little on the bill.

17                SENATOR LITTLE:   Thank you.  

18                One of the things that happens is if 

19   a person -- someone is going to purchase a mobile 

20   home park and change its use, they cannot evict 

21   anyone for two years from after the notice, so 

22   they have plenty of time to move.  And if they 

23   are going to keep the park and continue to use it 

24   as a mobile home park, they cannot evict anyone 

25   from the park for like five years.  


                                                               5548

 1                So there are protections, and there 

 2   need to be, because as is pointed out by the 

 3   sponsor, it's very expensive to move a mobile 

 4   home as well.

 5                But my goal here is I have many 

 6   mobile home parks, and we had one recently that 

 7   was flooded, in the Plattsburgh area.  I mean, 

 8   water inside the mobile homes, all of that -- the 

 9   river, the ice jams caused that.  And with the 

10   help of our Department of Housing and Community 

11   Renewal, we were able to replace 72 of these 

12   homes for these people.

13                Some people had lived -- there were 

14   families that had lived there over 40 years in 

15   their mobile home.  One woman, 35 years in her 

16   mobile home.  And it was a community just like 

17   any other neighborhood.  

18                You will find some bad tenants here 

19   and there, but -- and you'll find some bad park 

20   owners.  But we have many, many really good park 

21   owners.  And this is an affordable way of 

22   housing.  It's affordable living in my district.  

23   We have many people who own their own piece of 

24   property and have a mobile home on that.  We have 

25   worked very hard to help them when they need to 


                                                               5549

 1   replace or repair and get them assistance in 

 2   doing that.

 3                But for the park owners, certainly 

 4   providing full disclosure to the tenants is very 

 5   important.  It doesn't always take place, and we 

 6   need to emphasize that.

 7                But I don't want to see something 

 8   that makes a mobile home park an unattractive 

 9   thing for purchase or improvement or investment.  

10   And that's partially my fear in this, that there 

11   may be no one to purchase these mobile homes at 

12   some point.  

13                It's been said that there are very 

14   few mobile home parks that are being created, and 

15   so it's important that we look at the tenant but 

16   also look at the park owner and not restrict them 

17   so much that it's impossible for them to 

18   continue.

19                I also feel that this is a good type 

20   of housing that is appreciated by many residents 

21   of New York State.  And I hate to see it thrown 

22   in at the end of a bill that is basically dealing 

23   with metropolitan areas and large housing.  So I 

24   would like to see it separated -- would have 

25   liked to have seen it separated.  I'm sure it's 


                                                               5550

 1   too late now.

 2                But I thank you for answering the 

 3   questions.  And for the good parts of this, I'm 

 4   pleased, but I have a real concern with some of 

 5   those restrictions.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Salazar on the bill.

 9                SENATOR SALAZAR:   Thank you, 

10   Mr. President.

11                It's been my own personal 

12   experiences as a tenant in an apartment owned by 

13   an egregiously neglectful landlord and abusive 

14   management company that were once the strongest 

15   motivation for me to eventually take the steps to 

16   even be here in this chamber today.

17                Those firsthand experiences as a 

18   former tenant in an unregulated apartment, 

19   including enduring a winter without adequate heat 

20   and having to defend myself and my neighbors in 

21   housing court just to compel our landlord to make 

22   basic repairs; being forced to move out even 

23   after we successfully challenged our landlord, 

24   because they retaliated by denying us a new lease 

25   without any cause; and, in that process, losing 


                                                               5551

 1   what I had of my late father's belongings due to 

 2   an illegal lockout.

 3                All of this revealed to me at the 

 4   time just a glimpse of the similarly outrageous 

 5   injustices that fellow tenants across our state 

 6   face every day.

 7                Throughout this session, tenants 

 8   from Brooklyn to Binghamton to Buffalo have 

 9   shared their own experiences with us to testify 

10   to the failure of our current rent laws, our 

11   failure to protect them from harmful and 

12   predatory practices.  Housing experts, attorneys 

13   and community stakeholders have urged us to 

14   finally pass rent laws that will alleviate the 

15   rampant problems of homelessness and displacement 

16   of families across our state.  Their stories and 

17   lived experiences should motivate all of us to 

18   act and to support this legislation.

19                By passing this bill, I'm proud to 

20   say that we are responding to their call.  We are 

21   finally taking long-overdue steps to confront the 

22   injustices of our state's housing crisis and keep 

23   more families in their homes.  The paramount 

24   purpose of rent regulation is to give tenants the 

25   security of knowing that they can continue to 


                                                               5552

 1   live in their homes without fear that their life 

 2   and their families' lives will be disrupted by 

 3   eviction.

 4                But this purpose has long been 

 5   obstructed in New York because of various 

 6   mechanisms and tools within the law at landlords' 

 7   disposal to deregulate apartments, to preclude 

 8   tenants from exercising their rights, and to 

 9   privilege profits over people.

10                We are repealing the deregulatory 

11   policies of vacancy decontrol and ending vacancy 

12   bonuses that for years have directly led to the 

13   loss of thousands of rent-stabilized apartments 

14   from the rent regulation system, particularly in 

15   my own district.

16                We're expanding the provisions of 

17   the previous Emergency Tenant Protection Act so 

18   that communities across the state can finally 

19   choose to adopt policies that the tenants who 

20   live there are begging us for.

21                We are codifying provisions for 

22   families living in manufactured homes and mobile 

23   homes who are so often left out of the rent laws 

24   conversation.  And we're doing much more than I 

25   can concisely say.


                                                               5553

 1                Under current law, the rent 

 2   regulations would expire tomorrow.  But because 

 3   we are passing this legislation today, and this 

 4   time without any arbitrary sunset date, we won't 

 5   have to say that again.

 6                By making these laws permanent, 

 7   we're ending the cycle of only revisiting these 

 8   laws every four years -- a cycle that has vastly 

 9   favored the interests of big real estate over the 

10   needs of working families.

11                I wholeheartedly support this bill, 

12   even as I recognize that our efforts to secure 

13   basic protections for millions of tenant 

14   households are not finished.  We celebrate 

15   today's victory for tenants, but we will not rest 

16   and our housing justice movement will not rest 

17   until every tenant is empowered to live without 

18   fear of eviction.

19                Thank you, Mr. President.

20                ACTING PRESIDENT BENJAMIN:   Senator 

21   Ranzenhofer --

22                SENATOR RANZENHOFER:   Thank you, 

23   Mr. --

24                ACTING PRESIDENT BENJAMIN:   Are you 

25   on the bill, or would you like to ask a question?  


                                                               5554

 1                SENATOR RANZENHOFER:   I have a few 

 2   questions for the sponsor, if the sponsor will 

 3   yield.

 4                ACTING PRESIDENT BENJAMIN:   Does 

 5   the sponsor yield? 

 6                SENATOR KAVANAGH:   Yes, 

 7   Mr. President.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   sponsor yields.

10                SENATOR RANZENHOFER:   Thank you, 

11   Senator.

12                One of the things I wanted to ask 

13   you is in my Senate district I have 29 separate 

14   jurisdictions, some over 100,000 residents and 

15   some with as few as 5,000 residents.  So under 

16   this bill, will each jurisdiction have to have 

17   their own separate entity to determine whether 

18   they're going to opt in or opt out?  

19                SENATOR KAVANAGH:   Through you, 

20   Mr. President.  The decision whether to opt in or 

21   out of this program, of this set of laws, is a 

22   decision that's made by the local government.  So 

23   presumably a village, through its village board 

24   or whatever its governmental structure is; a 

25   town, through, you know, its structure, which 


                                                               5555

 1   might of course encompass villages; or a city -- 

 2   each of those types of localities may choose, 

 3   through their own local process similar to 

 4   passing a local law, to opt into the program.

 5                Once they do so, they are 

 6   effectively delegating to a rent guidelines board 

 7   constituted by HCR the role of administering the 

 8   basics of this program, choosing the appropriate 

 9   rent increases.

10                SENATOR RANZENHOFER:   If the 

11   sponsor will continue to yield.

12                ACTING PRESIDENT BENJAMIN:   Does 

13   the sponsor yield?

14                SENATOR KAVANAGH:   Yes, 

15   Mr. President.

16                ACTING PRESIDENT BENJAMIN:   The 

17   sponsor yields.

18                SENATOR RANZENHOFER:   So does that 

19   mean for the 29 separate jurisdictions that I 

20   have within my Senate district, 29 separate 

21   entities will have to make decisions about 

22   whether they opt in or not?  Is that fair?

23                SENATOR KAVANAGH:   Mr. President, 

24   through you.  Each local government chooses for 

25   the voters of their community whether this law 


                                                               5556

 1   works appropriately for them.  And presumably 

 2   they consider the -- you know, they might 

 3   consider whether it's available in neighboring 

 4   communities or how it fits in with the broader 

 5   context of the housing market in their locality 

 6   or their county.

 7                But yeah, that's the way it works.  

 8   And again, I would remind the Senator that the 

 9   locality can only opt in if within their 

10   jurisdiction they can demonstrate a vacancy rate 

11   that is low enough to meet the threshold for the 

12   program.  Otherwise, they don't have the legal 

13   authority to opt in under this law.

14                SENATOR RANZENHOFER:   Thank you.  

15   If the sponsor will continue to 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 RANZENHOFER:   So back to 

23   the point that you had raised and that is very 

24   relevant in my Senate district.  So if you have a 

25   town, and I'll give you an example, of over 


                                                               5557

 1   100,000 people, and -- well, let me back up.  So 

 2   I have a village with about 10,000 people.  And 

 3   the village would qualify, and the village 

 4   decides that they do not want to opt in.  The 

 5   town decides, their own independent board, that 

 6   they do want to opt in.  Now, is the village then 

 7   bound by the decision of the town, since the 

 8   village is within that town?

 9                SENATOR KAVANAGH:   Mr. President, I 

10   would say that this is probably a fairly 

11   complicated question of conflicts of 

12   jurisdictional authority that probably, I would 

13   imagine, might come up in a variety of contexts.  

14                But remember -- I would ask the 

15   Senator to remember that if the town opts in, the 

16   town is adopting a set of rules that would apply 

17   to the regulated housing within that town.  They 

18   would not be requiring the village government or 

19   the village as an entity to be doing anything in 

20   particular.  But again, there may be some 

21   precedent for villages having their laws 

22   supersede the law of the town, and that general 

23   area of law might apply here.  I'm not familiar 

24   with that.  

25                But my assumption would be that 


                                                               5558

 1   under the current law, if a town opts in, then 

 2   the town is saying that all of the housing over 

 3   which they have jurisdiction, these laws now 

 4   apply.

 5                SENATOR RANZENHOFER:   If the 

 6   Senator will continue to yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR KAVANAGH:   Yes, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.  

13                SENATOR RANZENHOFER:   Yeah, that's 

14   a very important issue in my hometown and in my 

15   Senate district in particular, where villages 

16   very often feel very strongly what they want to 

17   do may not be what the town wants to do.

18                And if I'm hearing that the town 

19   would have the authority over the entire housing 

20   stock within the town, which would include the 

21   village, is there any way the village can protect 

22   itself, those 10,000 residents, if they feel 

23   differently than the larger town?  Is there any 

24   protection for them?

25                SENATOR KAVANAGH:   Again, 


                                                               5559

 1   Mr. President, you know, the sort of overlapping 

 2   governmental structures is presumably a thing 

 3   that applies to a variety of areas.  There's 

 4   nothing in this bill that addresses that conflict 

 5   specifically with respect to these laws.  The law 

 6   says that the town can exercise its authority and 

 7   the village can exercise its authority under 

 8   these laws.  And, you know, I think that is 

 9   probably a circumstance where lots of towns and 

10   villages have to make choices.  

11                And again, presumably the residents 

12   of the village also have some say over -- some 

13   influence over their town government, as all 

14   citizens do.  And, you know, presumably the 

15   village as an entity and perhaps the residents of 

16   that village can lobby their town to make a 

17   different choice.

18                SENATOR RANZENHOFER:   Will the 

19   sponsor continue to yield?

20                ACTING PRESIDENT BENJAMIN:   Does 

21   the sponsor yield?

22                SENATOR KAVANAGH:   Yes, 

23   Mr. President.

24                ACTING PRESIDENT BENJAMIN:   The 

25   sponsor yields.  


                                                               5560

 1                SENATOR RANZENHOFER:   That answer 

 2   is very disturbing to me because in my area, you 

 3   know, to say that a village can then lobby its 

 4   town board and really has no control over its own 

 5   housing stock if the town decides to go in a 

 6   different direction is very, very problematic, 

 7   especially because when you're dealing with a law 

 8   which only applies to property which is more than 

 9   45 years old and the majority or a lot of that 

10   property is within an older village, that could 

11   be very problematic.  

12                Let me ask and let me get to the 

13   question.  So if you have a town -- and we're 

14   very concerned in my town with sprawl and 

15   increasing development -- and you have a 

16   developer or a landlord who owns property which 

17   is more than 45 years of age -- you know, prior 

18   to 1974 -- and these laws would apply, and they 

19   could either fix up existing properties that they 

20   have and be subject to those rules or they could 

21   go to areas where there's more land and really 

22   develop the land, which would create sprawl, 

23   where would be the incentive for a developer or a 

24   mobile park owner or whatever -- why would they 

25   confine themselves and fix up the properties 


                                                               5561

 1   which are now going to be governed by this law, 

 2   as opposed to just do new construction or newer 

 3   construction outside of the confines of this law?

 4                SENATOR KAVANAGH:   Again -- through 

 5   you, Mr. President -- I would emphasize that the 

 6   adoption of those laws is entirely a choice of 

 7   localities.  So if a town is choosing whether to 

 8   adopt these laws, they would presumably be 

 9   grappling with the questions the Senator is 

10   raising and they would be making a decision that 

11   it is in the best interest of their town to adopt 

12   these laws.

13                I would also note that buildings 

14   that are gut renovated that are vacant now or in 

15   very bad shape that are completely renovated, 

16   often -- you know, it's a tricky question exactly 

17   what constitutes such a renovation.  But in many 

18   cases, those would not be subject to rent 

19   regulation if they are, you know, sort of 

20   sufficiently changed that they would be deemed 

21   new housing for the purpose of this law.

22                But in any case, these are questions 

23   that localities across the state have been 

24   answering since 1974 in Westchester, Rockland and 

25   Nassau counties, and they now -- localities 


                                                               5562

 1   across the state will have the opportunity to 

 2   answer that question and determine whether the 

 3   system works well for their locality.

 4                SENATOR RANZENHOFER:   If the 

 5   sponsor will continue to yield.

 6                ACTING PRESIDENT BENJAMIN:   Does 

 7   the sponsor yield? 

 8                SENATOR KAVANAGH:   Yes, 

 9   Mr. President.

10                ACTING PRESIDENT BENJAMIN:   The 

11   sponsor yields.

12                SENATOR RANZENHOFER:   Yeah, that 

13   really didn't -- that really got at my last 

14   question, but it really didn't address the 

15   question that I have right now.

16                You know, if you have someone who 

17   owns apartments and they have dozens or hundreds 

18   of apartments and they get to make a decision on 

19   what they want -- you know, where do they want to 

20   put their money, where do they want to invest -- 

21   and I know that other jurisdictions have had to 

22   do this, but upstate New York is very different 

23   than Manhattan and very different than Rockland, 

24   very different than Nassau.

25                So as someone who is developing 


                                                               5563

 1   property and as someone, at least in my hometown, 

 2   who's very concerned with sprawl and spreading 

 3   out and losing farmland, where is the incentive 

 4   for a developer to work on his existing 

 5   properties which are not in that great shape?  

 6                The neighborhoods are becoming 

 7   rundown because the apartments are not as good.  

 8   Where's the incentive for the developer to fix up 

 9   those properties when it's going to be under this 

10   new law, as opposed to going out and, you know, 

11   fixing newer apartments in areas that are further 

12   from the town or from the city center or simply 

13   developing new property -- again, that are not 

14   going to be bound by those restrictions?

15                SENATOR KAVANAGH:   So again, 

16   Mr. President, the first -- I'll just reiterate 

17   that this is a decision that -- the Senator is 

18   mentioning that there may be different economic 

19   conditions, different housing conditions in 

20   different parts of the state.  This bill reflects 

21   that.  This is not a bill imposing a New York 

22   City system on any other place.  It is a bill 

23   that allows localities to choose the set of tools 

24   if they think that is in the public interest 

25   within their jurisdiction.


                                                               5564

 1                On the specifics of how a landlord 

 2   might think about this, we believe that 

 3   responsible landlords who own rental housing will 

 4   continue to be appropriately incentivized to make 

 5   reasonable investments in their property.  This 

 6   bill allows major capital improvements to be 

 7   amortized over a modest period of time and added 

 8   to the rents of the residents.  

 9                And it also allows individual 

10   apartment improvements, basically improving the 

11   quality of each apartment, to be added to the 

12   rent.

13                Of course, in a situation where 

14   there is not demand for higher-rent housing 

15   that -- the economics of that may not make sense 

16   whether this law is in place or not.  But this 

17   law does not impede reasonable investments to 

18   maintain the housing stock.  And the supposition 

19   is that responsible landlords will continue to do 

20   what's necessary to provide heat and to maintain 

21   the integrity of their buildings.

22                SENATOR RANZENHOFER:   If the 

23   sponsor will continue to yield.

24                ACTING PRESIDENT BENJAMIN:   Does 

25   the sponsor yield?  Does the sponsor yield?


                                                               5565

 1                SENATOR KAVANAGH:   Yes, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   sponsor yields.

 5                SENATOR RANZENHOFER:   So can you 

 6   tell me what was the -- and we're dealing now 

 7   with the manufactured home.  What was the 

 8   rationale with the 6 percent threshold, and how 

 9   did you come up with 6 percent as opposed to 

10   7 percent, 8 percent?  What's the basis of the 

11   6 percent as opposed to a different number?

12                SENATOR KAVANAGH:   We've had 

13   discussions with various stakeholders, including 

14   with HCR, the state agency that currently has 

15   some regulatory responsibility over this.

16                And again, we thought for clarity's 

17   sake it was appropriate to set specific 

18   thresholds so that the owners of this land know 

19   when they need to go to court to -- if they need 

20   rent increases that are higher.  So again, if the 

21   thresholds are above 3 percent, they need some 

22   specific justification.  And above 6 percent -- 

23   and again, this is 6 percent each year, which 

24   could lead to a fairly rapid rent increase over 

25   time -- if they want an increase of more than 


                                                               5566

 1   6 percent a year, it needs to be justified 

 2   because of a hardship they can demonstrate.  And 

 3   that 6 percent increase only lasts as long as the 

 4   hardship persists.

 5                SENATOR RANZENHOFER:   If the 

 6   sponsor will continue to yield.

 7                ACTING PRESIDENT BENJAMIN:   Does 

 8   the sponsor yield?

 9                SENATOR KAVANAGH:   Yes, 

10   Mr. President.

11                ACTING PRESIDENT BENJAMIN:   The 

12   sponsor yields.

13                SENATOR RANZENHOFER:   So if you're 

14   anticipating a court challenge and this has to go 

15   through the court system, which could take a 

16   year, and the landlord has incurred these 

17   expenses because of hardship, whether it's 

18   increased taxes, whatever the reason is, and then 

19   the landlord is successful in getting that 

20   additional money, and it's taken, say, a year and 

21   a half to make that decision, is the landlord 

22   then allowed to go back and recoup that cost 

23   against the tenants who have not had to pay that 

24   during the year and a half while the case is 

25   pending?


                                                               5567

 1                SENATOR KAVANAGH:   Thank you.  I 

 2   just wanted to check with counsel on that.

 3                So this is a -- typically this would 

 4   come up in court in an eviction proceeding.  So 

 5   an owner of the park might tell the residents 

 6   that, you know, the rent increase is going to be 

 7   particularly high this year because, you know, we 

 8   had to do this work or we had taxes going up or 

 9   other costs going up.  If that explanation is 

10   acceptable to the resident because they can see 

11   that that work is going on, or they understand 

12   that taxes are going up in the jurisdiction, they 

13   could simply agree to pay the rent and there 

14   would be no approval necessary.

15                This would come up in a context 

16   where the resident does not accept that the 

17   landlord needs a 6 percent increase due to any 

18   hardship.  At that point the owner would go to 

19   court, presumably to dispossess the person of the 

20   land, and the judge would have to determine 

21   whether a hardship is present.  And if the 

22   hardship is present, the rent increase above that 

23   is acceptable and the landlord can use the 

24   refusal to pay that increase as an acceptable 

25   reason to dispossess the person of the land.  


                                                               5568

 1                And those proceedings are -- you 

 2   know, eviction proceedings are usually fairly 

 3   quick in courts around the state, and we expect 

 4   that that is a decision that could be made 

 5   promptly and the increase would either go through 

 6   or not go through.

 7                SENATOR RANZENHOFER:   Will the 

 8   sponsor continue to 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 RANZENHOFER:   So my 

16   experience is a little bit different.  I normally 

17   don't see landlords and tenants agreeing on what 

18   is a reasonable increase.  And, you know, I'm not 

19   as optimistic as you that tenants will say, Well, 

20   yes, this 6 percent is fair.  So I would 

21   anticipate that there would be some sort of court 

22   challenge.

23                But back to my original question, 

24   whether it takes two months or a year and a half, 

25   is the landlord allowed to then recoup that 


                                                               5569

 1   additional monies from the tenant?  

 2                SENATOR KAVANAGH:   The court would 

 3   decide in that case.

 4                SENATOR RANZENHOFER:   So the tenant 

 5   could be on the hook for the additional rent -- 

 6   for the additional back rent increase.  Okay.  

 7                SENATOR KAVANAGH:   The court would 

 8   be empowered to determine what the appropriate 

 9   level of rent increase based on the evidence the 

10   landlord is presenting that there's a hardship, 

11   and the court would be allowed to determine 

12   whether the equities require that the tenant pay 

13   the increment.  

14                Again, there would be no basis for 

15   the tenant to refuse to pay that base rent that 

16   does not include the increase.

17                And again, whether tenants decide to 

18   enforce their rights in court and landlords 

19   decide to enforce their rights in court is of 

20   course decisions that all New Yorkers make every 

21   day when they're in disputes.  And, you know, 

22   predicting whether landlords and tenants can 

23   agree on rent or not I think is going to be very 

24   specific to the individual circumstances.

25                SENATOR RANZENHOFER:   On the bill.


                                                               5570

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Ranzenhofer on the bill.

 3                SENATOR RANZENHOFER:   First of all, 

 4   I'd like to thank the sponsor for his answers to 

 5   the questions.  

 6                But there are a couple of things 

 7   that disturb me, and one of the things is that we 

 8   are really applying a New York City-based 

 9   structure -- and I shouldn't say just New York 

10   City, but some of the larger towns in and around 

11   New York City, and applying that across the state 

12   when conditions in the rest of the state really 

13   don't match what's going on downstate.  

14                And there are two particular pieces 

15   of information that the sponsor provided which 

16   are troublesome to me, especially in the 

17   jurisdictions that I represent.  And that is in 

18   many of the areas that I represent, you have 

19   towns and villages.  And villages are very, 

20   very -- feel very, very strongly about their 

21   self-determination and their ability to control 

22   what happens to their own residents and what 

23   happens to their own properties, what happens to 

24   their housing stock.  

25                Just for example, several years ago 


                                                               5571

 1   there was an effort by some countywide folks to 

 2   dissolve a village, saying, We know better than 

 3   you, we don't need these little villages anymore.  

 4   You know, we know best.  And the village spoke 

 5   very, very strongly that they wanted to continue 

 6   with their self-determination.

 7                So it is very troubling to me that 

 8   under this bill you can have a larger town, a 

 9   town of 125,000 people, tell a village of 

10   10,000 people that you really have no control, 

11   you can't determine what's going to happen in 

12   your community.  

13                And the answers -- Well, the village 

14   can petition the town board, or they can try to 

15   lobby the town -- really are not the type of 

16   protections that people in my area want to hear.

17                The second thing is, again, my 

18   experience with respect to how people develop 

19   properties and what's actually going to happen in 

20   a community.  We're dealing with properties here 

21   that are 45 years old, which is an older housing 

22   stock in my community.  And if you have somebody 

23   with limited resources -- you know, nobody has 

24   unlimited resources, whether you are a building 

25   owner or whether you are a developer -- and you 


                                                               5572

 1   have a choice, where are you going to put your 

 2   money?  Are you going to put your money in an 

 3   area where you can make a 3 percent return, or 

 4   are you going to put your money in an area where 

 5   you're going to make a 5 percent return?  

 6                Nobody that I know is going to put 

 7   their money into the area where they are going to 

 8   make less money.  No matter how well-intentioned 

 9   they are, no matter what kind of community spirit 

10   they have, these people are business individuals, 

11   men and women.  And when you don't have a balance 

12   and you don't have a law which -- which really 

13   this law really does not provide any incentive to 

14   invest your money in older housing stock.  You're 

15   going to invest your money in a newer housing 

16   stock, you're going to build new housing, just 

17   because that's the economic principle I think 

18   which controls almost all of us.

19                So I'm not going to talk about the 

20   mobile home portion now; I'll get into that when 

21   we explain our vote.  But again, I just want to 

22   thank the sponsor for his answers.  I know what 

23   he's doing he believes is best for tenants in 

24   Manhattan, in his jurisdiction.  But this bill 

25   does not work for my community and the Senate 


                                                               5573

 1   district that I represent.

 2                ACTING PRESIDENT BENJAMIN:   Senator    

 3   Rivera on the bill.

 4                SENATOR RIVERA:   Thank you, 

 5   Mr. President.  Good afternoon, Mr. President.  

 6   It's a great, great day to be in this house.  

 7                I am a tenant, Mr. President.  I've 

 8   been -- I was born and raised in Puerto Rico, as 

 9   I've said many times on this floor, came to 

10   New York in 1998, lived for a very short period 

11   of time in a dorm room on 44th between Sixth and 

12   Broadway.  Then I moved up to East Harlem, where 

13   I bounced around a couple of apartments for a 

14   year and ultimately found my way to the 

15   boogie-down Bronx.

16                I've spoke many times about the 

17   Bronx on this chamber floor.  I moved into an 

18   apartment that was a studio which, back in 2000, 

19   was $600.  For a studio.  In a community that I 

20   still couldn't, you know, believe that it was the 

21   Bronx, because it was the first time that I had 

22   really been up there.  I fell in love with it.  

23   And I still live there in that building to this 

24   day.  I actually moved as soon as I won, from a 

25   studio to a one-bedroom, and that's where I've 


                                                               5574

 1   been living since then.  

 2                So I am a tenant.  As I've said many 

 3   times, I would not be able to live in this city 

 4   or thrive in this city or in this state were it 

 5   not for rent stabilization.  But the fact is that 

 6   considering the people that I represent, 318,000 

 7   of them, I am lucky.  I am quite privileged.  We 

 8   certainly can have a conversation about whether 

 9   we have the salary that we should have.  But the 

10   fact is that compared to my constituents, who to 

11   this day, Mr. President, have less than $30,000 a 

12   year median income -- and when you consider that 

13   my district, the 33rd District in the northwest 

14   Bronx, has the second-highest number of units in 

15   the entire state, about 67,000 right now -- and 

16   Mr. President, the last time that we had this 

17   debate, I said on the floor that I had 

18   70,000 units of rent-stabilized apartments in my 

19   district, and it was a fact.  But now I have 

20   67,000.  And every one of those units is an 

21   affordable unit that is no longer available to 

22   the type of folks that currently live in the 

23   Bronx and that find that they have less and less 

24   places to be able to live or thrive in the City 

25   or the State of New York.


                                                               5575

 1                So what we're doing here today, as 

 2   has been said before, is historic.  Because for 

 3   once -- in a long time, Mr. President -- we 

 4   actually have the tenants, there are many of them 

 5   that are here to join us today -- who are being 

 6   victorious.  Because the changes that we are 

 7   making, the incredible changes that we're making 

 8   today -- certainly as many of my colleagues will 

 9   probably guess, I am one of the crazy lefties 

10   here, so I do think that there are some places 

11   that we could have gone a little farther.  But 

12   the reality is that I am ecstatic about the 

13   package that we're passing today.

14                And the main difference is this, 

15   ladies and gentlemen.  Why is it that it's so 

16   important that we get this done?  It is important 

17   that we get this done because the system that 

18   exists currently, before we pass this piece of 

19   legislation, encourages and incentivizes bad 

20   landlords to use housing as a speculative 

21   commodity.  There's a lot of technical words 

22   there, but ultimately what that means is that you 

23   have people that are making decisions about the 

24   property that they own without considering the 

25   people who live in those homes who, if they 


                                                               5576

 1   didn't have rent stabilization, would have 

 2   nowhere to live.

 3                We are changing the system to make 

 4   sure that we go away from a system of 

 5   incentivizing using this housing as a commodity.  

 6   We want to disincentivize that, we want to limit 

 7   the speculative market.  We want to make sure 

 8   that we get people a place that they can live.  

 9                From Buffalo to the Bronx to 

10   everywhere in the state, we are protecting 

11   people.  Because not only are we dealing with 

12   rent-stabilized tenants, we are now dealing with 

13   further protections.  The conversation that we 

14   had on the floor about tenants who live in mobile 

15   homes -- these are things that are certainly not 

16   in the Bronx, Mr. President, but the reality is 

17   that we need to protect them too, and we are 

18   doing this in this piece of legislation.  And we 

19   are putting protections in place which will make 

20   sure that tenants are protected everywhere in 

21   this state.  This is a historic day.  

22                As has been said before, I will 

23   thank my leader, who made sure that we put this 

24   in a highest priority.  I will thank both Senator 

25   Myrie and Senator Kavanagh who both -- and by the 


                                                               5577

 1   way, up here I stay at a little apartment that I 

 2   share with Senator Kavanagh.  So when Senator 

 3   Myrie said that he was tirelessly working on 

 4   this, he was absolutely right.  I would get home 

 5   at 10:30 or 11:00, and I would go to sleep, and 

 6   then I would be woken by somebody coming in 

 7   2:00 a.m. in the morning, eating a sandwich and 

 8   getting right back to the office.  I'm not even 

 9   lying, Mr. President.  

10                This is the type of stuff that he 

11   put this work in.  The staff has done an 

12   incredible job.  But most of all -- and I want to 

13   finish with this, Mr. President -- I want to 

14   thank the tenants.  Specifically, I want to -- I 

15   want to point out two organizations, CASA and the 

16   Northwest Bronx Community and Clergy Coalition, 

17   which are in the heart of my district and have 

18   been relentlessly fighting for the changes that 

19   we're seeing on this floor today.

20                It is those folks that I think 

21   deserve all the credit.  And as was stated 

22   earlier by Senator Myrie, without them, we would 

23   not be here today.  We celebrate you.  But more 

24   importantly, we protect you today.  

25                I am very glad to be voting in the 


                                                               5578

 1   affirmative, Mr. President, on this piece of 

 2   legislation.  I encourage my colleagues to do the 

 3   same.  Bottom line, it is a historic day.  We 

 4   want to make sure that people can live and thrive 

 5   in this state.  We will continue to protect 

 6   tenants.  This is a historic piece of 

 7   legislation.  I'm incredibly proud to be here.  

 8                Thank you, tenants.  Thank you, my 

 9   leader.  Thank you, my colleagues and my staff.  

10   I vote in the affirmative.

11                ACTING PRESIDENT BENJAMIN:   Are 

12   there any other Senators wishing to be heard?  

13                Seeing and hearing none, debate is 

14   closed.

15                The Secretary will ring the bell.

16                Read the last section.

17                THE SECRETARY:   Section 3.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gianaris to explain his vote.

24                SENATOR GIANARIS:   Thank you, 

25   Mr. President.


                                                               5579

 1                Today is a big and important day in 

 2   what has become a big and important session, 

 3   starting in January, when we had in our first 

 4   legislative day a historic package of electoral 

 5   reforms that are going to make it easier for 

 6   millions of New Yorkers to cast their ballot.  We 

 7   have protected women's rights.  We have enacted 

 8   responsible gun laws.  We have protected victims 

 9   of child sex abuse.  We have, for the first time 

10   in eight years, allowed the letters L-G-B-T and Q 

11   to be uttered on this floor again, thanks to 

12   Senator Hoylman and his great work.  We have 

13   enacted critical criminal justice reforms.  And 

14   we have a week to go, where you'll see more 

15   important progress made in this state.

16                But none of those things is more 

17   important than what we're doing at this moment.

18                For decades the tenants in New York 

19   have been on the short end of the conversations 

20   in this chamber.  When the rent laws were up for 

21   renewal, there was a different majority that 

22   cared about different things and had different 

23   priorities and sought to use the expiration of 

24   these laws as a cudgel against the people who 

25   rent in this state, to open up more loopholes, to 


                                                               5580

 1   deregulate apartments.  

 2                I heard some of my good colleagues, 

 3   as Senator Skoufis would say, talk about how 

 4   proud they were that we were on some slide 

 5   towards deregulation, when all that means is that 

 6   hundreds of thousands of New Yorkers were being 

 7   displaced at a faster and faster rate.

 8                Well, today we start pushing back in 

 9   the other direction.  There is a housing 

10   affordability crisis in parts of our state where 

11   people are being pushed out of their homes, 

12   homelessness is growing as a result, and it seems 

13   like all some people can care about is how to 

14   make sure that some of the richest people in our 

15   state are making even more money.

16                Well, we are a majority that cares 

17   about working people, people who are struggling 

18   to pay their rent.  And today we are enacting the 

19   strongest tenant protections this state has had 

20   since these laws were enacted.  

21                And what's more, we're going to make 

22   them permanent so that no one can use it to 

23   extort concessions again.  Because it is time to 

24   break the wheel of how Albany functions, and it's 

25   time to say that everything the people of this 


                                                               5581

 1   state have hated about Albany for so long is 

 2   over.  We do things here not as a trade for 

 3   something else, but because it's the right thing 

 4   to do.

 5                And so to the legislators that 

 6   worked on this, so many of the Majority -- of 

 7   course our leader, Senator Andrea 

 8   Stewart-Cousins, most of all -- but Senator 

 9   Kavanagh, Senator Myrie, people like 

10   Senator Krueger , who has been fighting this 

11   fight for many, many years, I say thank you.  

12                But most of all, to the tenants who 

13   were in this Capitol for so many years and yet 

14   felt like it wasn't a place of their own.  This 

15   public building they felt was working against 

16   them.  I know many of them are in this room 

17   today.  They should be proud of what they have 

18   done, including my good friends from Woodside, 

19   who I know are up here in the chamber.  

20                But today we say that this state 

21   government stands for working people, stands for 

22   those who are struggling to make it, and we take 

23   big steps today.  And they are not our last 

24   steps, because we have more to do.  We have more 

25   to do to protect our tenants, and we have more to 


                                                               5582

 1   do to protect all New Yorkers across this state.  

 2                I proudly cast my vote in the 

 3   affirmative, Mr. President, thank you.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gianaris to be recorded in the affirmative.

 6                Senator Bailey to explain his vote.

 7                SENATOR BAILEY:   Thank you, 

 8   Mr. President.

 9                I am -- this is an extremely 

10   important day, and I want to make sure we thank 

11   our leader, Andrea Stewart-Cousins, for having -- 

12   again, this isn't a new topic we're speaking 

13   about.  Even when we weren't in the majority, 

14   Senator -- Leader Stewart-Cousins was speaking 

15   about the importance of rent regulation and 

16   tenants' rights.  And now that we're in a 

17   position to do something, she's certainly done 

18   so.

19                Speaker Carl Heastie, my mentor and 

20   somebody who has been standing out in this 

21   regard, I thank him as well.  And for my 

22   colleagues, I want to make sure we thank 

23   Senator Kavanagh, who is a wealth of information 

24   on many things, housing being one of them.  And 

25   Senator Myrie -- and I'll get to some comments 


                                                               5583

 1   more about Senator Myrie, because I have a point 

 2   of personal privilege I'm going to speak about.

 3                You know, I'm a tenant myself, 

 4   Mr. President.  I happen to have a great 

 5   landlord, and that's the reason why I missed the 

 6   tenant hearing in Brooklyn, because my washer and 

 7   dryer broke in the house.  Which is not a 

 8   necessary component, but I have two small 

 9   children.  And as you may know, kids go through a 

10   lot of laundry.  My landlord is excellent.  She 

11   made sure that somebody was going to be there, 

12   and they gave me one of those amazing windows 

13   from 9 a.m. to 9 p.m., and you don't know what's 

14   going to happen.  That's why I couldn't go to 

15   that hearing, because I have a landlord who 

16   cares.  Cares enough about my well-being and 

17   cares enough about my children's well-being.

18                But our job is to protect those who 

19   their landlord would -- sometimes they don't 

20   care.  What about those landlords from Gates 

21   Place who came to my office -- those tenants from 

22   Gates Place, in the northwest Bronx, speaking 

23   about the inhumane conditions they live in.  What 

24   about them?  What about those tenants from Gun 

25   Hill Road, Mr. President?  And they come to my 


                                                               5584

 1   office in the same ways.  And those throughout 

 2   Mt. Vernon and the Norwood section of the Bronx 

 3   and Wakefield and Williamsbridge.  And they come 

 4   to our offices, and they call, and they say:  

 5   Help us.  Well, help's on the way.  Help's on the 

 6   way today.  

 7                And to Senator Myrie, somebody who 

 8   I've known for the better part of the last 

 9   decade -- And 10 years ago, I couldn't imagine 

10   that either one of us would be an elected 

11   official, to be honest with you.  And now that 

12   we're both elected officials -- Senator Myrie was 

13   saying to me, "If I make it, I'm going to do 

14   something about this rent situation.  I'm going 

15   to do something.  It's what I'm going to make 

16   sure that it's my calling card."  And at his 

17   inauguration, he spoke from the Book of Isaiah, 

18   and he said, "I am doing a new thing."  

19                We are doing a new thing in this 

20   house.  We are protecting tenants.  Senator 

21   Myrie, I am personally proud of everything that 

22   you've done, my brother.  

23                I proudly vote aye, Mr. President.

24                ACTING PRESIDENT BENJAMIN:   Senator 

25   Bailey to be recorded in the affirmative.


                                                               5585

 1                Senator Jackson to explain his vote.

 2                SENATOR JACKSON:   Thank you, 

 3   Mr. President.  I rise today to speak in favor of 

 4   the bill.  

 5                I've heard my colleagues speak in 

 6   favor and against.  And I heard my colleague -- 

 7   Senator Gustavo Rivera indicated that he has the 

 8   second-highest number of rent-regulated 

 9   apartments not only in New York City but the 

10   State of New York.  

11                Well, I represent the 31st 

12   Senatorial District, which includes part of 

13   Marble Hill, Inwood, Washington Heights, West 

14   Harlem, Upper West Side, Midtown, and part of the 

15   Chelsea area.  Thirteen miles long.  For my 

16   colleagues upstate, that may sound like a short 

17   little distance.  And it is, compared to some of 

18   you that go 40 miles and many, many counties and 

19   it takes a couple of hours to drive your 

20   senatorial district.

21                But in Manhattan, it's a very 

22   gerrymandered district, let me tell you that.  

23   And it ranges from people that earn a lot of 

24   money to people that are very poor.  And the most 

25   rent-regulated apartments in any Assembly 


                                                               5586

 1   district is in the 72nd Assembly District, 

 2   represented by Carmen de la Rosa.  And then, 

 3   obviously, Al Taylor, the 71st Assembly District.  

 4   Inez Dickens, in the 70th.  Dick Gottfried in the 

 5   75th.  Linda Rosenthal in the 67th.  And Danny 

 6   O'Donnell in the 69th.  These are all Assembly 

 7   districts that touch on my senatorial district.  

 8                And you may say, Well, why are you 

 9   mentioning them?  Because we are all part of the 

10   same solution in the Assembly and Senate, and 

11   these individuals are advocating, like me, in 

12   order for us to pass this bill, these bills.

13                And you heard Senator Myrie talk 

14   about 1919 when rent regulations were put in 

15   place.  And one area that he mentioned, he said 

16   the Bronx, and then he mentioned Washington 

17   Heights.  And quite frankly, I represent almost 

18   all of Washington Heights.  And you heard my 

19   colleague talk about that they live in 

20   rent-stabilized apartments.  Well, my entire life 

21   I've lived in rental apartments.  And I say to 

22   you that I wish that I owned, but I don't.  

23                And I live in a rent-stabilized 

24   apartment in Manhattan now.  And the number-one 

25   issue, the number-one issue during the campaign 


                                                               5587

 1   was the affordability of housing.  The number-one 

 2   issue that comes to our offices -- and I say 

 3   "ours" collectively:  Many of my colleagues, 

 4   especially in the Assembly, and the Senators that 

 5   have the highest number of rent-regulated 

 6   apartments -- is housing.  Over 70 percent of all 

 7   of the constituents that came into Al Taylor's 

 8   office -- and I mention him because when he came 

 9   to interview for an endorsement of our Democratic 

10   Club, he had the number of people that came into 

11   his office for services.  And over 70 percent of 

12   those individuals that came into his office was 

13   for housing.

14                This is a bread-and-butter issue in 

15   New York City.  And I am so proud to be a part of 

16   this body today that's going to vote in favor of 

17   it, understanding that that's what I was elected 

18   to do.  And I can now go back home and say to my 

19   residents, Thank you for sending me to Albany.  

20   Thank you for continuing the fight for your 

21   survival.  And thank you to everyone -- 

22   obviously, Andrea Stewart-Cousins, our Majority 

23   Leader; to Brian Kavanagh, who shepherded this 

24   through as the chair of the Housing Committee, 

25   along with Zellnor Myrie.  And thank you to all 


                                                               5588

 1   of those that put the energy and time and effort 

 2   and resources to bring us here today.

 3                Mr. President, I respectfully vote 

 4   aye.  Thank you.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Jackson to be recorded in the affirmative.

 7                Senator Hoylman to explain his vote.

 8                SENATOR HOYLMAN:   Thank you, 

 9   Mr. President.  

10                I rise to echo the sentiments of my 

11   colleagues in thanking our leader, Andrea 

12   Stewart-Cousins, for this legislation; Deputy 

13   Leader Senator Gianaris, and Professor Kavanagh 

14   and Professor Myrie --  

15                (Laughter.) 

16                SENATOR HOYLMAN:   -- for their 

17   exposition this afternoon, and their deep 

18   knowledge about an issue that is so important to 

19   my district and so important to so many of our 

20   colleagues' districts.

21                I agree, this is a watershed moment 

22   for this chamber.  It is a tectonic shift in the 

23   way we conduct policy here.  We are truly freeing 

24   ourselves from the shackles of real estate and 

25   the old thinking around real estate that has 


                                                               5589

 1   hovered over this chamber for so many decades, 

 2   where the issue of the rent laws was often 

 3   bundled into extraneous issues during the 

 4   Big Ugly or during different times of this 

 5   chamber's history, whether it's charter schools 

 6   or 421-a or other laws that have nothing to do 

 7   with the well-being of our tenants -- 52,000 

 8   units in my district alone -- and making sure 

 9   their homes are preserved.

10                So just as we did at the beginning 

11   of the session by closing the LLC loophole, at 

12   the end of the session we are renewing the rent 

13   laws, but doing so permanently.  So all of those 

14   headlines, Mr. President, all of those scandals 

15   around real estate that we've seen repeated year 

16   after year, today they come to an end.  

17                So I thank my colleagues for their 

18   support of this important legislation.  I thank 

19   my tenants who are here, including Michael McKee, 

20   who's been fighting the good fight for the better 

21   part of 50 years on this issue.  I think we're 

22   officially retiring his efforts -- although I 

23   understand he wants to do this statewide, and we 

24   have laid the groundwork for that.  And of course 

25   Ellen Davidson, from the Legal Aid Society, who's 


                                                               5590

 1   been such a staunch advocate.  

 2                I proudly vote aye.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Hoylman to be recorded in the affirmative.

 5                Senator Liu to explain his vote.

 6                SENATOR LIU:   Thank you, 

 7   Mr. President.  I rise in support of this 

 8   watershed legislation.  

 9                You know, there are people who have 

10   opposed these efforts for a long time, saying 

11   that having such a complicated system of tenant 

12   protections is nothing more than artificial price 

13   controls.  I think the reality, though, is that 

14   because we have had such an emergency housing 

15   shortage for a long time, this legislation is not 

16   so much about price controls, it's more about 

17   fighting or prohibiting price gouging.  It is in 

18   fact anti-price gouging legislation.  It will 

19   help -- it will not only help our constituents 

20   and tenants, but it ultimately will serve to 

21   stabilize our neighborhoods, the neighborhoods 

22   that we rely on being strong, to be a strong 

23   state, to be a strong community.

24                So I vote in favor of this 

25   legislation.  I also want to echo the many 


                                                               5591

 1   accolades that have been heaped upon our leader, 

 2   Andrea Stewart-Cousins, our sponsor; as well as 

 3   Senator Brian Kavanagh, who has spent countless 

 4   hours really corralling all of the votes as well 

 5   as making sure that people understand the 

 6   complicated issues surrounding this legislation; 

 7   and also, of course, somebody who's been at 

 8   Senator and Chairman Kavanagh's side the entire 

 9   time.  That would be Senator Zellnor Myrie.

10                Thank you.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Liu to be recorded in the affirmative.

13                Senator Mayer to explain her vote.

14                SENATOR MAYER:   Thank you, 

15   Mr. President.

16                And it really is an honor to stand 

17   here today and speak about this very important 

18   moment, and so important for the rent-stabilized 

19   tenants of Westchester.  And I want to say that 

20   I'm so proud that this bill and this conference 

21   finally understood that there is a crisis of 

22   affordable housing in Westchester and that the 

23   ETPA and rent stabilization has been one of the 

24   few ways we have been able to maintain a 

25   declining stock of affordable housing.  


                                                               5592

 1                But this bill finally understands 

 2   that the suburbs, and especially Westchester, 

 3   absolutely need to continue to preserve 

 4   affordable housing for the thousands of renters.  

 5   Between the leader, Senator Andrea 

 6   Stewart-Cousins, and myself, we have 27,000 units 

 7   of rent-stabilized housing in our districts.  

 8                People think, Oh, this is a New York 

 9   City issue.  This is a suburban issue.  This is 

10   for the future of the people in our districts, 

11   over half of whom are renters, who cannot find 

12   affordable housing in our county.  Today we are 

13   saying we care about those people.  

14                I want to thank the advocates, 

15   particularly Mike McKee, who has stood up for 

16   suburban renters.  I want to especially thank, 

17   obviously, Senator Kavanagh and Senator Myrie for 

18   understanding that this issue of rental housing 

19   belongs to every tenant, and particularly belongs 

20   in the suburbs of New York, where the price of 

21   housing has become absolutely prohibitive.

22                And I want to say, two issues that I 

23   promised the tenants I would address -- one is 

24   major capital improvements, which for years and 

25   for no good reason were treated differently in 


                                                               5593

 1   Westchester than in the City of New York.  

 2   Finally we have made a fairer calculation, both 

 3   for tenants and ultimately for landlords, in 

 4   having a flat amount that will be the same.  And 

 5   while it is not -- does not end until 30 years, 

 6   it will not be permanent.  And that just is an 

 7   issue of principle to the tenants in my district.  

 8   We have finally made a significant change for 

 9   that, and I'm so appreciative.

10                And also vacancy decontrol, which 

11   was the leader's bill for the last 10 years, and 

12   has led to the loss of 10 percent of our 

13   affordable housing in Westchester, we are finally 

14   going to end.

15                I'm so proud that we have recognized 

16   there are thousands of people in the suburbs of 

17   New York who are dependent on these protections 

18   and our expansion of protections.  Today is a 

19   watershed moment, and I very proudly vote in the 

20   affirmative.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Mayer to be recorded in the affirmative.

23                Senator LaValle to explain his vote.

24                SENATOR LaVALLE:   Thank you, 

25   Mr. President.


                                                               5594

 1                This may be a bread-and-butter issue 

 2   for New York City.  I come from the great county 

 3   of Suffolk, and this legislation would have a 

 4   deleterious effect on providing affordable 

 5   housing that is much needed for our citizens, but 

 6   particularly our young people, who are looking 

 7   for rental housing.

 8                That being said, for a period of 

 9   10 years I have fought for protections for 

10   manufactured-home residents.  And the provisions 

11   that are in this bill are -- well, they mirror 

12   provisions that I had in my stand-alone bill, 

13   which are very good and will protect the 

14   residents of our mobile homes.  Many of them, as 

15   you well know, are senior citizens.  So we are 

16   giving our seniors some peace of mind with the 

17   passage of this bill.

18                However, given the overall impact 

19   outside of the mobile home issue, I would have to 

20   vote no on this bill.

21                ACTING PRESIDENT BENJAMIN:   Senator  

22   LaValle to be recorded in the negative.

23                Senator Ramos to explain her vote.

24                SENATOR RAMOS:   Thank you, 

25   Mr. President.  


                                                               5595

 1                Today is yet another great example 

 2   of the unity of our conference and the leadership 

 3   of Andrea Stewart-Cousins.  

 4                I couldn't be prouder.  I'm voting 

 5   yes because I'm a tenant.  My parents are 

 6   tenants.  We've been tenants all our lives, and 

 7   many people from my generation will likely be on 

 8   the same bandwagon too.

 9                In New York City, the rent is too 

10   damn high, but also so are our student loans.  

11   And so while renting used to be a mechanism that 

12   would allow for some savings to put a down 

13   payment on a co-op, a condo, a house, that just 

14   isn't the case anymore in the current economy.  

15   And it was because this entire system had been 

16   rigged against us in favor of landlords.

17                So this legislation -- and I don't 

18   want to repeat all of the great points that my 

19   colleagues have made, but really does make a 

20   difference in a district like mine where 

21   70 percent of renters are people of color.  And I 

22   want to particularly give a shout-out to my 

23   neighbors in LeFrak City, who have been under the 

24   guise of a myriad of unscrupulous, crazy MCIs 

25   that have been slowly but surely resulting in the 


                                                               5596

 1   gentrification of our neighborhoods.  

 2                We deserve to live where we work.  

 3   We deserve to live where we were born.  We 

 4   deserve to live where we're raising our children.  

 5   And I couldn't be prouder to be a New Yorker 

 6   today.  Thank you.

 7                ACTING PRESIDENT BENJAMIN:   Senator 

 8   Ramos to be recorded in the affirmative.

 9                Senator Lanza to explain his vote.

10                SENATOR LANZA:   Thank you, 

11   Mr. President, to explain my vote.

12                It's true this is not a -- this is 

13   nothing new.  In fact, I think in the years I've 

14   been here, I've twice voted for rent regulation.  

15   I think ensuring that every citizen of this state 

16   has a roof over their head is a basic right and a 

17   solemn responsibility that we have to make it 

18   happen.

19                You know, I first learned about rent 

20   regulation when I came out of law school and took 

21   a job working for one of the greatest bosses you 

22   could ever have, which was Robert Morgenthau in 

23   the Manhattan DA's office.  I soon learned that I 

24   was one of the few people who got there on my 

25   grades, as I came to work with a bunch of 


                                                               5597

 1   wonderful people, but people who came from very 

 2   wealthy families, people who were there because 

 3   of who their families knew or who they knew or 

 4   their celebrity status.  

 5                I also quickly learned that I was 

 6   the only one doing a Lewis and Clark commute 

 7   every day, taking a boat and a train and a bus to 

 8   commute back and forth from Staten Island.  

 9   Because many of my colleagues there lived in Stuy 

10   Town and Peter Cooper Apartments.  I didn't know 

11   what they were, as a kid from Staten Island, but 

12   I learned that they were rent-regulated 

13   apartments.  And it just never made sense to me 

14   that all these wealthy people were living there.  

15   It turns out most of them were cheating.  

16                And the problem I have with this 

17   legislation here and why I can't vote for it 

18   today is because it changes something very 

19   fundamental.  It eliminates the means test.  And 

20   so it makes those people who were dishonest then, 

21   cheating, it makes honest people of them now.  

22   And it doesn't make sense to me.  

23                You know, to hear that people making 

24   $110,000 are living in rent-regulated apartments 

25   or that now, if you make $150,000 or $250,000 or 


                                                               5598

 1   $500,000 or a million dollars a year, you can 

 2   have one of these apartments -- which means 

 3   you're taking this apartment from someone making 

 4   $30,000 or $50,000.  It just doesn't make sense 

 5   to me.  

 6                You know, $110,000 and you live in a 

 7   rent-regulated apartment -- on Staten Island, if 

 8   you have a household income of $110,000 or 

 9   $150,000, you know what this state calls you?  It 

10   calls you rich.  That's what it calls you.  And 

11   as such, you don't get TAP for your kids, you 

12   don't get financial aid.  But I'll tell you what 

13   you do get.  You know who the deadbeat landlord 

14   is for you if you're lucky enough to scratch out 

15   and buy a modest house on a little 40-by-100 

16   piece of property, barely making ends meet -- do 

17   you know who the deadbeat landlord is?  It's 

18   government.  Because you know what they do?  They 

19   hand you a property tax check for $10,000.  They 

20   hand you an income tax bill for $15,000.  They 

21   hand you a water bill for $2,000.  And by the 

22   way, whatever you have left, the bank wants.  

23                Those are the owners of the house.  

24   Those are your landlords, the bank and city 

25   government and state government.  And now to hear 


                                                               5599

 1   that you could make $150,000 or $500,000 or 

 2   $600,000 and have a rent regulated -- it just 

 3   doesn't make sense to me.  

 4                And that's the one reason why I 

 5   can't, as I've done in the past, which is 

 6   supported, I've supported rent regulation -- this 

 7   does not make any sense.  

 8                I want to thank all my colleagues.  

 9   I know a lot of hard work went here.  I 

10   especially was impressed and grateful to hear the 

11   questions and answers between Senator Amedore and 

12   Senator Kavanagh.  It's very -- I think we all 

13   owe them a debt of appreciation, including all 

14   the other people that worked here.

15                But to hear the comprehension and 

16   the knowledge and the detail with which they 

17   understand this topic as a colleague was -- it 

18   makes me proud.

19                But unfortunately, Mr. President, 

20   I'm going to vote no.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Lanza to be recorded in the negative.

23                Senator Amedore to explain his vote.

24                SENATOR AMEDORE:   Thank you, 

25   Mr. President.  I want to explain my vote.  


                                                               5600

 1                And I first want to thank 

 2   Senator Kavanagh for the exchange, the questions.  

 3                This is a pretty complex issue.  And 

 4   we all know, we dreaded the day that we would 

 5   have to face more rent-regulation laws.  I've 

 6   been in the Legislature since 2007, and every 

 7   single -- so many years we dealt with more rent 

 8   regulations, whether it was extensions or whether 

 9   it was improvements or whether it was to 

10   deregulate or decontrol or whether it was to 

11   change the various thresholds.  

12                And now, my colleagues, we're 

13   talking about the most momentous moment in this 

14   year's legislative session, which I just find a 

15   little hypocritical.  And the reason why I find 

16   that is because we're talking about the housing 

17   problem that we have, or the vacancy problem that 

18   New York City has -- which, by the way, is on the 

19   rise.  It's not decreasing.  

20                It was in the twos, the high twos, 

21   low threes percentage, but now it's starting to 

22   increase.  And the reason for that is because of 

23   market conditions.  Because of the way the system 

24   was built, because of other laws that were -- and 

25   regulations that this body, years ago, 


                                                               5601

 1   implemented.  

 2                But this bill today goes far beyond 

 3   trying to bring protection to just the tenants of 

 4   New York City.  This bill now expands into the 

 5   entire State of New York, where we don't have a 

 6   housing crisis, as they say there is in New York 

 7   City, in upstate New York.  

 8                As a matter of fact, the vacancy 

 9   rates, whether -- you could talk about it in 

10   Albany County, where here in Albany County it's 

11   6.39 percent.  In Broome County it's 

12   11.1 percent.  In Monroe County it's 

13   5.18 percent.  In Warren County it's 11 percent.  

14   And the list goes on of many upstate counties, or 

15   even cities.  

16                The problem that we have in the 

17   State of New York is not the fact that rent 

18   regulations were going to expire in New York City 

19   and we needed to do something which should have 

20   been done -- and you had your chance of doing it, 

21   and you could have done it right, but you failed.  

22                Because the programs that we were 

23   supposed to extend to bring the protections to 

24   the tenants, those who make -- are on the lower 

25   income spectrum now have a whole lot more 


                                                               5602

 1   competition and are going to be put on the bottom 

 2   of the list because those who are making more 

 3   income and who are able to afford a market-rate 

 4   apartment are going to now go into a stabilized 

 5   unit.  Which once again takes away from the 

 6   intent and the quality in a very well purposed 

 7   program, and that is to help those in need.  

 8                This bill does not help those in 

 9   need.  It takes away the opportunity for them for 

10   good housing and improved housing, because it 

11   also went too far in eliminating the ability for 

12   the landlord to really make the much-needed 

13   improvements and to be able to get paid back or 

14   even get the funding mechanism to make the 

15   capital improvements or the unit improvements 

16   necessary.

17                So, Mr. President, without the means 

18   check that was taken out of this bill, as 

19   Senator Lanza has mentioned, and other reasons, 

20   and not having a housing crisis here in upstate 

21   New York as there may be in New York City, I 

22   don't believe that this is the best bill to bring 

23   tenant protection as well as affordability and 

24   fix the true problem that we have in the State of 

25   New York with affordable housing.  


                                                               5603

 1                Because it is affordability that 

 2   needs to be worked on -- property tax reduction, 

 3   energy cost reduction, the cost of construction 

 4   to make the necessary improvements, how you're 

 5   going to make that more affordable to do.  None 

 6   of that is being addressed in this bill.

 7                So it's not really doing much other 

 8   than allowing now those who make maybe seven 

 9   figures to be eligible for a stabilized unit.  

10   And I think that's wrong.  And because of that, I 

11   will be voting in the negative.

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Amedore to be recorded in the negative.

14                Senator Stavisky to explain her 

15   vote.

16                SENATOR STAVISKY:   Thank you, 

17   Mr. President.

18                And I thank both Senator Kavanagh, 

19   Senator Andrea Stewart-Cousins, and especially 

20   the advocates who have been so tenacious in 

21   making sure that we finally get it right.  And I 

22   think we finally did.

23                I feel a personal sense of 

24   gratitude, although it's a bit late.  I grew up 

25   in a rent-controlled apartment on the Upper West 


                                                               5604

 1   Side.  And my mother was able to live there until 

 2   she passed away because it was rent-controlled.  

 3   It was an old apartment house built in 1925, but 

 4   it was subject to the rent control laws.  

 5                Yes, I remember the days when the 

 6   landlord would harass her because he really 

 7   wanted that apartment.  He could have made a lot 

 8   of money.  And instead, my mother was able to 

 9   continue to live in that apartment after my 

10   father passed away.

11                When I got married, my husband and I 

12   lived in a rent-regulated or rent-stabilized 

13   apartment because we couldn't afford to buy a 

14   house.  My husband was a college professor 

15   originally and then a legislator.  And you know 

16   what legislators were making in those days.  It 

17   hasn't changed.

18                It's the idea that we provide 

19   assistance to the middle class.  And I firmly 

20   disagree, this is a middle class -- this is a 

21   wonderful way for people to continue to live in 

22   New York City.  I represent a district in Queens 

23   where we have rent-regulated apartments, and I 

24   hope that we continue to make sure that it's 

25   affordable for the people who need the help.


                                                               5605

 1                I proudly vote aye.  Thank you, 

 2   Mr. President.

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Stavisky to be recorded in the affirmative.

 5                Senator Metzger to explain her vote.

 6                SENATOR METZGER:   Thank you, 

 7   Mr. President.

 8                I want to thank my colleagues 

 9   Senators Kavanagh and Myrie for their incredibly 

10   hard work, and of course to our leader, Andrea 

11   Stewart-Cousins.

12                I rise to speak on this legislation 

13   as a Senator who represents rural communities and 

14   small cities in the Hudson Valley and Catskills.  

15   I rise to say that this is legislation that 

16   benefits not just New York City but working 

17   people, seniors, residents in our communities 

18   upstate struggling to pay their bills.  This is 

19   legislation that benefits all New Yorkers across 

20   the state -- upstate, downstate, small cities, 

21   large cities.

22                I am very pleased that this 

23   legislation encompasses manufactured housing and 

24   mobile homes, which are an important affordable 

25   housing option in our communities.  These laws 


                                                               5606

 1   will provide much-needed protections against 

 2   unreasonable lot rent increases and other 

 3   important protections to these residents.  I 

 4   appreciated Senator Little's comments, and I am 

 5   also happy to work with you on fine-tuning any 

 6   legislation.  But this is an incredibly important 

 7   first step.

 8                The City of Kingston, which is about 

 9   ten minutes from my house, is not actually in my 

10   district.  It's in Senator Amedore's district.  

11   And I have to differ with Senator Amedore, in 

12   that this city faces an enormous affordable 

13   housing crisis.  We heard really tragic, horrible 

14   stories by renters at the public hearing in 

15   Newburgh from Kingston.  It's facing incredible 

16   gentrification pressures, and that city asked to 

17   be able to have the ability to participate in 

18   these rent regulations.  And I am so pleased to 

19   be able to give them that tool to address the 

20   affordable housing crisis there.

21                We have taken a historic step today 

22   to secure one of the most fundamental basic 

23   needs, shelter.  And I am so proud to vote aye 

24   for this legislation.  Thank you very much.

25                ACTING PRESIDENT BENJAMIN:   Senator  


                                                               5607

 1   Metzger to be recorded in the affirmative.

 2                Senator Sepúlveda to explain his 

 3   vote.

 4                SENATOR SEPÚLVEDA:   Thank you, 

 5   Mr. President, for allowing me to explain my 

 6   vote.

 7                So I come from -- at this bill with 

 8   certain experiences that I think many of my 

 9   colleagues don't have.  I've been both a landlord 

10   and a tenant.  For 27 years, I practiced housing 

11   law in the Bronx.  I've defended the poorest 

12   people in my district, in my county, and in my 

13   state.  I also defended -- when I was a former 

14   attorney for the New York City Police Benevolent 

15   Association, I defended police officers that were 

16   tenants in buildings.

17                Unfortunately, the current housing 

18   market right now has created an environment where 

19   people who invested blood, sweat and tears, 

20   people who raised their families, people who 

21   stayed in our communities when everyone else was 

22   leaving, people who worked to improve the 

23   community that I live in, the district that I 

24   represent -- which by the way has the sixth most 

25   stabilized units, and is probably the poorest 


                                                               5608

 1   district in the State of New York.  These people 

 2   invested a lot of time, a lot of energy in this 

 3   community.  

 4                And what's happened with the housing 

 5   market with gentrification is that they're being 

 6   displaced.  They are being displaced at a pace 

 7   that is unconscionable.  These are people who 

 8   want to remain in their apartments until the day 

 9   they die.  These are people who have family 

10   members that want to live there.  They're part of 

11   the fabric of the community.  And because of the 

12   current market, they are now leaving in droves.  

13   And that is something that we have to correct.

14                We need these housing laws now when 

15   there's so much uncertainty.  And this bill, this 

16   law when we pass it here today will alleviate and 

17   clear some of that uncertainty.

18                Now, I agree with my friend Senator 

19   Lanza when he says that there are people who are 

20   abusing rent regulation.  There are people who 

21   are making $200,000, $300,000 a year and living 

22   in rent-stabilized apartments.  And I have a 

23   problem with that.  I've litigated in court 

24   against these people.  I've defended some.  But 

25   it is inherently unfair that rent stabilization 


                                                               5609

 1   laws, that were created to keep people in their 

 2   apartments years ago, are now being used in this 

 3   manner.

 4                But let me tell you the main reason 

 5   why these rent-regulation laws now are necessary.  

 6   I've represented landlords, many landlords, who 

 7   are decent people, who care about their 

 8   buildings, who care about the tenants and do 

 9   their best to maintain their buildings in good 

10   repair.  

11                But you have a significant number of 

12   other landlords, shady landlords, unscrupulous 

13   landlords, that ruin it for those that do good 

14   work, that follow the rules, follow the laws and 

15   want to create a healthy environment for their 

16   tenants in their buildings.  They are the ones 

17   that have made these laws necessary.  They are 

18   the ones that the landlord associations -- 

19   REBNY -- they're the ones that they should be 

20   getting the wrath.  Because they're the ones that 

21   created an environment where we absolutely need 

22   these laws.

23                Now, I want to thank Professor 

24   Kavanagh and Professor Zellnor Myrie, because I 

25   know that they worked so hard.  Senator Kavanagh 


                                                               5610

 1   and I served together in the Assembly, and he's a 

 2   very thoughtful legislator.  

 3                And so I'm very proud to vote on 

 4   this bill.  I want to thank the leader for 

 5   bringing it to the floor.  But please, don't 

 6   blame these advocates that are up here for this.  

 7   Don't blame my colleagues on this side.  We are 

 8   reacting to a situation that I believe has been 

 9   created, exacerbated, made worse by those 

10   unscrupulous landlords who refuse to do the right 

11   thing.  And now those that do a good job are 

12   going to have to pay the price.  

13                I vote in the affirmative.

14                ACTING PRESIDENT BENJAMIN:   Senator 

15   Sepúlveda to be recorded in the affirmative.

16                Senator Harckham to explain his 

17   vote.

18                SENATOR HARCKHAM:   Thank you, 

19   Mr. Chair.

20                This is a watershed moment.  You 

21   know, like many of us, end of session, I'm 

22   running around, working the phones, speaking to 

23   colleagues, trying to get things done.  But the 

24   political junkie, the political historian in me 

25   is saying, you know, Wow, this is a big moment.  


                                                               5611

 1   You know, this is a landmark shift that will 

 2   impact hundreds of thousands of people across 

 3   this state, not just in New York City.  

 4                And I want to thank Senator 

 5   Kavanagh, Senator Myrie, the leadership, the team 

 6   who worked on this.  And I want to echo the words 

 7   of what Senator Mayer was talking about in 

 8   Westchester.  

 9                I first got into public service as 

10   the head of a nonprofit that built and managed 

11   affordable housing in northern Westchester.  And 

12   from there, I ran and won a county board seat in 

13   Westchester.  And immediately we dealt with 

14   housing issues and a federal housing lawsuit.  

15   And we fought and we fought to see that that suit 

16   settlement was complied with and that we built 

17   units.  We spent tens of millions of dollars in 

18   Westchester County to build 800 units.  And we 

19   all patted ourselves on the back at the great job 

20   we did.  

21                And you know what?  At the same 

22   time, we lost 1,000 ETPA units.  One thousand.  

23   So we spent tens of millions of dollars, all of 

24   that hard work, for a net loss of 200 units.  

25                So the first rule of affordable 


                                                               5612

 1   housing is protect the stock that you have.  And 

 2   that's what this regulation and that's what these 

 3   laws will do.  We've got to protect what we have.  

 4   It's a heck of a lot cheaper to protect housing 

 5   stock than to build new stock.  

 6                And for all the Senators who have 

 7   talked about the need to build housing, I 

 8   certainly agree.  And this bill is not 

 9   housing-creator legislation; this is 

10   housing-protection legislation.  

11                But colleagues are right, we need to 

12   work much more aggressively, especially as the 

13   federal government has pulled back on the tax 

14   credit program.  The state needs to be more 

15   aggressive in investing in land and land banks 

16   and things like that, tools that we know can help 

17   facilitate the creation of affordable housing 

18   both in and outside New York City.  

19                So I'm proud to vote yea on this, 

20   Mr. Chair.  I really want to congratulate 

21   colleagues and advocates on a job well done.  

22   This has been many, many years in the coming.  

23   But we have much, much more to do in terms of 

24   creating new units throughout the state that are 

25   affordable for all New Yorkers.


                                                               5613

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Harckham to be recorded in the affirmative.

 3                Senator May to explain her vote.

 4                SENATOR MAY:   Thank you, 

 5   Mr. President.

 6                In Syracuse, one-quarter of tenant 

 7   households move every year.  Many of them are 

 8   forced to move because of eviction or substandard 

 9   housing conditions.  This kind of housing 

10   instability has a cascade of negative effects.  

11   Children do worse in school if they're moving all 

12   the time.  Adults have a harder time getting jobs 

13   and keeping jobs.  And neighborhoods are less 

14   safe, because neighbors don't know each other.

15                This bill shifts the balance in 

16   favor of housing stability.  For renters in 

17   Syracuse and for mobile home owners, this is 

18   going to make an enormous difference.

19                I cannot thank enough Leader 

20   Stewart-Cousins, Senators Kavanagh and Myrie, and 

21   the staff who have worked so hard on this bill.  

22   They faced a very tight deadline to try to avert 

23   a crisis tomorrow.  But even so, they took time 

24   to listen to renters in my district and across 

25   the state, and to come up with a bill that 


                                                               5614

 1   addresses problems statewide in a way that I 

 2   think is going to make a difference for people 

 3   everywhere.

 4                I want to thank you, and I proudly 

 5   vote aye.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   May to be recorded in the affirmative.

 8                Senator Biaggi to explain her vote.

 9                SENATOR BIAGGI:   Thank you, 

10   Mr. President.

11                Olinville Avenue, the Evergreen 

12   Houses, Riverdale Avenue, Fifth Avenue.  These 

13   are just a handful of blocks spanning District 34 

14   in the Bronx and Westchester that are inhabited 

15   by tenants who for so many decades have been 

16   waiting for Albany and, more broadly, for the 

17   State of New York to prioritize their best 

18   interests.  In fact, there has not been a single 

19   day that has gone by where the phones in my 

20   office or the emails that have been received are 

21   not from tenants who are pleading, who are 

22   begging for Albany to act and to protect their 

23   best interests.  

24                And I have to say that on my 

25   campaign, similar to so many of my colleagues, 


                                                               5615

 1   the number-one issue that I heard when I knocked 

 2   on someone's door and they opened it was, How can 

 3   you help me with my housing?  What can you do to 

 4   protect me?  Strangers inviting me into their 

 5   homes to see the conditions that they were living 

 6   in.  

 7                And for the first time, I would 

 8   argue, in our state's history, New York is giving 

 9   tenants and renters the protection that they 

10   deserve.  I'm not saying anything new by 

11   proclaiming that this is historic legislation.  

12   This is an incredible moment that I am even in 

13   awe of as I stand here and speak these words 

14   right now.

15                The most important part, I think, of 

16   this legislation is the fact that yes, it is a 

17   tectonic shift.  And it's a tectonic shift away 

18   from the disturbing, disturbing stranglehold of 

19   powerful special interests that have bought and 

20   sold many of the members of this house who have 

21   sold out tenants for far too long, putting their 

22   bottom line over the well-being of those 

23   New Yorkers.  

24                And today, I am proud to be standing 

25   here to vote aye for what is, in my opinion, 


                                                               5616

 1   transformational government, transformational 

 2   politics.  I am proud to go home to say that we 

 3   delivered, that what we promised we have 

 4   achieved.  

 5                And to those colleagues on the other 

 6   side of the aisle who are, you know, saying some 

 7   negative things about this bill, this bill does 

 8   help those in need.  It helps thousands and 

 9   thousands of New Yorkers in need.  

10                And lastly, I want to thank our 

11   leader, Andrea Stewart-Cousins, Senator Kavanagh, 

12   Senator Myrie and Senator Salazar, and the 

13   thousands and thousands of tenant activists, 

14   including Mike McKee, of course, and Northwest 

15   Bronx Community and Clergy Coalition, Bronx Park 

16   East, and all of those who have come together to 

17   make this possible.  It is because of your voices 

18   and all of the fighting that you have done that 

19   we are here today to vote on this historic 

20   legislation.  People over money always wins.

21                I vote aye, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Biaggi to be recorded in the affirmative.

24                Senator Gounardes to explain his 

25   vote.


                                                               5617

 1                SENATOR GOUNARDES:   Thank you, 

 2   Mr. President.

 3                You know, I have to say as I was 

 4   sitting here listening to all of my colleagues 

 5   remark on this bill, and I heard Senator Gianaris 

 6   rattle off all of the achievements and 

 7   accomplishments that we've done in this session 

 8   so far, I got the chills.  Because I like to go 

 9   back home and tell people that I've been given 

10   the gift to represent my neighborhood here in 

11   this chamber.  And I don't know how long I'll 

12   have this gift to use it to help other people, 

13   but I can say without a single hesitation or 

14   doubt that what we are doing today will be 

15   transformational for the 40,000 rent-stabilized 

16   tenants that I represent, the apartments I 

17   represent, and the millions of people who will 

18   benefit across the entire State of New York with 

19   what we are doing here today.  

20                No one in this day and age should 

21   have to work two or three jobs just to put a roof 

22   over their head.  No one.  That's criminal.  No 

23   one should have to face those circumstances.  

24                As Senator Ramos was alluding to, 

25   it's especially difficult for those of us who are 


                                                               5618

 1   on the younger side in this chamber.  Millennials 

 2   today, 300 percent more student loan debt than 

 3   our parents had a generation ago; the rising cost 

 4   of living; we're half as likely to be able to 

 5   afford to buy a home -- that makes many of us 

 6   tenants and renters for life.  Seventy percent of 

 7   us here in New York live paycheck to paycheck.  A 

 8   single rent increase, an illegal rent charge -- 

 9   overcharge, a preferential rent jumping $500 on a 

10   dime's notice, that throws us out of our 

11   apartment.  We can't afford to throw people out 

12   of their apartments, out of their homes.  And 

13   that is what this legislation will do today.  

14   It's going to put an end to the most egregious 

15   abuses that have been plaguing our housing system 

16   for years.  And for that, I'm incredibly proud to 

17   vote in the affirmative.  

18                And I want to thank Senators 

19   Kavanagh and Myrie.  And I want to also align 

20   myself with the spirit and sentiments with which 

21   Senator Myrie addressed this chamber a few hours 

22   ago.  And the passion that he brought to this 

23   fight has truly been infectious.  And I thank him 

24   for his advocacy, and everyone who helped make 

25   today a reality.


                                                               5619

 1                Thank you.

 2                ACTING PRESIDENT BENJAMIN:   Senator 

 3   Gounardes to be recorded in the affirmative.  

 4                Senator Breslin to explain his vote.

 5                SENATOR BRESLIN:   Thank you very 

 6   much, Mr. President.  

 7                As relatively one of the 

 8   longer-standing members of this body, years ago 

 9   when we came up to tenant protections in New York 

10   City, upstate Senators would kind of sit on the 

11   sidelines.  And they'd ask their brothers and 

12   sisters in New York City, How should we vote?  

13                And then we've watched over the 

14   years as affordable housing moved up the Hudson 

15   River, or it didn't move up the Hudson River to 

16   cities like Newburgh and Kingston and Hudson, and 

17   then to Albany.  And then west towards Syracuse, 

18   and west further towards Rochester and Buffalo.

19                We don't have a balance in 

20   affordable housing.  We're looking at families 

21   who are working -- the breadwinner working more 

22   than 40 hours a week, yet spending in excess of 

23   50 percent of their income on housing, sometimes 

24   60 percent on housing.  And what does that do?  

25   It allows landlords to be a little loose.  


                                                               5620

 1   They're always going to have a tenant.  So they 

 2   began to treat their tenants in a bad way, a way 

 3   that they had the balance over them.

 4                This legislation is going to create 

 5   the balance we need.  It creates it in New York 

 6   City on a permanent basis, and it gives 54 of our 

 7   counties the opportunity to opt in in a gentle 

 8   way -- not an overpowering way, a gentle way, to 

 9   say if there's 5 percent or less vacancy, then we 

10   have the chance to come in and balance that, to 

11   give the tenants some rights.  

12                And over those years when I was 

13   deferring to New York City, I was watching 

14   upstate New York having more and more tenant 

15   problems.  And I saw people like Mike McKee 

16   locally, Maria and Roger Markovics, who devoted 

17   their life towards tenant problems.  And those 

18   problems increased on a yearly basis.

19                Finally, we're here in the year 

20   2019, and we're blessed to have Brian Kavanagh 

21   and Senator Myrie, who have done such a 

22   phenomenal job putting this together, a 

23   multidimensional task that I don't think I've 

24   seen any legislator with their qualities to be 

25   able to do what they've done.


                                                               5621

 1                So as my fellow Senators have said, 

 2   this is a monumental day in the New York State 

 3   Senate.  It's a very, very special day.  We're 

 4   going to protect tenants, and there's going to be 

 5   many counties around me -- I have five cities, 

 6   each of them have their own different kinds of 

 7   problems, and a lot of them deal with 

 8   landlord-tenant.  But there's lots of areas in 

 9   upstate New York who don't need it now, but it 

10   will available in case they do need it.

11                So I applaud again our leader, 

12   Andrea Stewart-Cousins, for her leadership in 

13   allowing us to do as many things as Mike Gianaris 

14   outlined, which made us all think of these past 

15   number of months and how proud we are to have 

16   been led by Andrea down a path to protect 

17   people's rights in so many different ways.

18                So this is a day that we will 

19   remember for many, many years to come, and I vote 

20   aye.  

21                Thank you, Mr. President.

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Breslin to be recorded in the affirmative.

24                Senator Ranzenhofer to explain his 

25   vote.


                                                               5622

 1                SENATOR RANZENHOFER:   Thank you, 

 2   Mr. President.

 3                And thanks again to the sponsor for 

 4   addressing some of the concerns and answering 

 5   some of the questions.

 6                I represent areas like the Village 

 7   of Williamsville, Town of Amherst, Town of 

 8   Clarence, Town of Newstead, Village of Akron, 

 9   Genesee County, City of Batavia, Village of 

10   Leroy, Village of Churchville, Town of Riga, City 

11   of Rochester, and a lot of the issues and 

12   comments that I've heard about this bill don't 

13   address the 300,000 residents that I represent.

14                I don't want to minimize the 

15   concerns that you have, but this is a statewide 

16   bill, or it's supposed to be statewide bill, 

17   which really doesn't address statewide issues.  

18   It may address some of the issues that your 

19   constituents have, but as a statewide bill it 

20   needs to address issues from across the state.  

21   And the issues that I was discussing with the 

22   sponsor before, it's very clear to me that those 

23   are not addressed.

24                Now, there are just two other points 

25   that I want to make, and I have not heard an 


                                                               5623

 1   answer to the point that was raised by Senator 

 2   Lanza.  I don't know what you say to your 

 3   constituents in New York City when they ask you, 

 4   Why did you remove the income limit?  If this is 

 5   supposed to protect people that are making 

 6   $35,000, $45,000 a year, why are people that are 

 7   making $150,000 and $200,000 a year going to be 

 8   able to get these apartments that you once got?  

 9   I have not heard one member on this side of the 

10   aisle address -- and maybe the reason for that is 

11   there really is no answer.  Why would you protect 

12   wealthier people over people who are living 

13   paycheck to paycheck?  

14                The mobile home provisions are good.  

15   But on balance, for my community, which is an 

16   urban, rural, and suburban district, this bill 

17   just doesn't cut it, and I'll be voting no.

18                Thank you.

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Ranzenhofer to be recorded in the negative.

21                Are there any other Senators wishing 

22   to be -- Senator Sanders to explain his vote.

23                SENATOR SANDERS:   Thank you, 

24   Mr. President.  

25                When you sit next to such a 


                                                               5624

 1   distinguished Senator and close to another, it 

 2   really gives you a moment to pause and to 

 3   reflect.  But I'm hoping that greatness does rub 

 4   off.

 5                In my district, my friends, I come 

 6   from southeast Queens, and the middle class and 

 7   the working class communities there are under 

 8   attack, and they feel it every day.  They feel 

 9   this attack coming from gentrification, they feel 

10   this attack coming from high rents, and they are 

11   buckling under those pressures.  And therefore we 

12   have to figure ways of aiding great New Yorkers 

13   to stay in a great city and a great state.

14                And with that in mind, the 

15   number-one issue of southeast Queens that people 

16   come to me about is affordable rent.  In the 

17   words of that great sage, rents are too damn 

18   high, and we need to do something about it.

19                This is a movement towards it.  Is 

20   this a perfect bill?  No.  But it's dang close to 

21   it.  We have to continue this.  We have to 

22   continue.  We have to find ways of aiding good 

23   small landlords and help them become even greater 

24   landlords.  We have to continue our promise that 

25   we made to the people of New York that we would 


                                                               5625

 1   put their interests first -- their interests 

 2   first, not any special interests, but their 

 3   interests.

 4                I want to thank our leader, who was 

 5   able to marshal such great forces where, from the 

 6   first day that we've been out here till the last 

 7   day, history is made over and over and over.  You 

 8   pick the department, we've made the history.  And 

 9   if we haven't, give us another week.

10                (Laughter.)

11                SENATOR SANDERS:   So I really want 

12   to thank the leader.  I want to thank these great 

13   people who -- the doctors, who were able to teach 

14   a lesson on how rent is supposed to be organized.  

15                And having said that, I will just 

16   say that we have something to take home.  We can 

17   say that we have not ignored the issues of the 

18   people of New York, that we have addressed them 

19   every way and every chance that we got, and their 

20   investment in us as legislators was not wasted.

21                I adamantly, vigorously, and if I 

22   could think of any other words -- I vote yes, 

23   sir.

24                ACTING PRESIDENT BENJAMIN:   Senator  

25   Sanders to be recorded in the affirmative.


                                                               5626

 1                Any other Senators wishing to be 

 2   heard?

 3                Senator Jacobs.

 4                SENATOR JACOBS:   Thank you, 

 5   Mr. President.

 6                I represent parts of the City of 

 7   Buffalo and Erie County.  In 1970, the County of 

 8   Erie had about 1.1 million people in it, 600,000 

 9   of them residing in the City of Buffalo.  In 

10   2010, Erie County had just under a million people 

11   in it, but under 300,000 of them lived in the 

12   City of Buffalo.  Meaning our population in the 

13   county shrank a little bit, but our population in 

14   the city shrank immensely.  The people spread all 

15   over the county.

16                As a result, we did not grow, we 

17   shrank a little bit, but we spread over more land 

18   mass.  A very unique thing.  A lot of areas have 

19   never experienced something like that.

20                It has been a real problem in our 

21   area because of the fact we have no more people, 

22   but they're spread over more land mass, using 

23   more infrastructure, more costs on our 

24   government.  That is one of the reasons, one of 

25   the reasons that our property taxes are so high.


                                                               5627

 1                The good news is in the last number 

 2   of years, there's been a bit of a renaissance, an 

 3   uptick in the City of Buffalo.  And there's been 

 4   a little bit of a tide turned where people are 

 5   reinvesting in the City of Buffalo and the 

 6   suburban sprawl has slowed down.  People are 

 7   reinvesting in older buildings downtown, and 

 8   people are looking to move back in.

 9                My concern here is that this 

10   legislation, which is really a New York 

11   City-centric piece of legislation, is imposing 

12   some new laws that can impact us and impact us 

13   negatively.  Because I believe it will be a real 

14   disincentive for people to look at investing in 

15   older buildings in our urban core.

16                And as Senator Ranzenhofer 

17   mentioned, the option will be do I purchase an 

18   older building, a residential building, and make 

19   a major investment to revitalize it with the 

20   threat that maybe there may be rent control 

21   imposed on that, or do I go and take a vacant 

22   piece of land in the suburbs that I can be 

23   assured there would not be that sort of 

24   regulation on, and build new.

25                So we have finally started to move 


                                                               5628

 1   things in the right direction, and this piece of 

 2   legislation I believe can be very, very damaging.

 3                I listened with interest to all the 

 4   comments and very personal stories of those 

 5   colleagues of mine from downstate.  Clearly 

 6   New York City is a different place.  And I don't 

 7   claim to know your area, but you don't know mine.  

 8   And I think this piece of legislation will be 

 9   very damaging.  And that is why I'm voting no.  

10                Thank you.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Jacobs to be recorded in the negative.

13                Are there any other Senators wishing 

14   to be heard?  

15                Seeing and hearing none, the 

16   following order will close this conversation:  

17   Senator Kavanagh, Senator Flanagan, and Senate 

18   Majority Leader Andrea Stewart-Cousins.

19                Senator Kavanagh to explain his 

20   vote.

21                SENATOR KAVANAGH:   Thank you, 

22   Mr. President.

23                Lots of people in this chamber have 

24   probably heard enough of me on this topic at this 

25   point, both during this debate and also darkening 


                                                               5629

 1   their doorstep and buttonholing them in the 

 2   hallways of this Capitol for several months now.  

 3                But I did want to take a moment to 

 4   close.  First of all, just to note very briefly 

 5   that the rent regulation laws that we are making 

 6   available statewide are not being imposed on any 

 7   locality unless they review these laws and review 

 8   the circumstances in their locality and decide 

 9   that this is a set of tools that are useful for 

10   them.

11                I will note that New York City 

12   maintains some of the densest housing in the 

13   country.  We are -- to the extent we continue to 

14   experience an emergency, it's because, unlike 

15   many other cities, we are at an all-time high 

16   population because we have maintained the ability 

17   of ordinary people to continue to live in our 

18   communities, largely through our rent regulation 

19   system.

20                I would also note that there are 

21   provisions in this bill that are intended to 

22   apply statewide, and they're intended to deal 

23   with the basic fact that housing instability and 

24   particularly evictions have become a scourge in 

25   many communities of all kinds across this country 


                                                               5630

 1   and across this state.  Evictions have 

 2   increasingly become not just a result of economic 

 3   instability and poverty, but a cause of economic 

 4   instability and poverty.  

 5                So we are taking some very basic 

 6   steps today to make sure that tenants throughout 

 7   this state have some basic rights when they're 

 8   facing those situations when they're in disputes 

 9   with their landlords.  

10                I would also just note that this is 

11   a set of provisions specifically with respect to 

12   manufactured housing.  We may not agree on the 

13   details, but I would acknowledge that my 

14   predecessor as the Housing chair, Senator Little, 

15   has worked very long and hard on that, and this 

16   budget included some funding that she has 

17   advocated long and hard for to make sure that 

18   those communities remain stable, particularly 

19   when they've been threatened by storms and other 

20   threats from the outside.  So we agree on a lot.

21                I do want to thank my colleagues, 

22   not only my colleagues who are supporting this 

23   bill, but my colleagues who helped to host our 

24   hearings, which were put together very rapidly 

25   and were very successful at getting many 


                                                               5631

 1   perspectives -- Senator May, Senator Mayer, 

 2   Senator Metzger, Senator Myrie, the four Ms -- 

 3   plus Senator Breslin, we had a hearing in his 

 4   district as well -- and the many supporters of 

 5   the bills and the many authors of provisions of 

 6   this bill that have now been incorporated into 

 7   our leader's bill on this.

 8                I want to thank my colleagues on the 

 9   other side of the aisle for engaging in a real 

10   debate.  Very often in this chamber people make 

11   speeches about bills that kind of talk past each 

12   other.  I think it's valuable that questions were 

13   asked and answered, even though we didn't 

14   necessarily agree.

15                To Senator Lanza, who I had the 

16   experience of commuting from Staten Island for 

17   four years to Manhattan.  He called it the Lewis 

18   and Clark expedition.  I was in Manhattan for a 

19   long time before I realized the term "schlep" for 

20   that commute.

21                But, you know, it is very important, 

22   I think, that we engage in this conversation.

23                I want to thank the many advocates.  

24   There are too many to name.  But, you know, so 

25   much activity across the state, bringing people 


                                                               5632

 1   to our hearings to make sure that we heard many 

 2   perspectives.  I would be remiss if I did not 

 3   particularly acknowledge Ellen Davidson.  To the 

 4   extent that I've been called a professor and some 

 5   other kind words today, I have learned over many, 

 6   many years about this issue on the ground in our 

 7   communities and how the laws work from 

 8   Ellen Davidson and from the people at Legal Aid.

 9                I want to end by thanking the staff.  

10   I decided not to do this at the beginning, 

11   because of course we were still relying on the 

12   staff throughout this very proceeding.

13                I just want to begin by thanking my 

14   own office staff, who were very -- who had to 

15   jump in and help get those hearings together and 

16   provide support for this process -- Cleveland 

17   Stair, Jonathan Shapiro, Venus Galarza-Mullins, 

18   my director of community affairs, who deals with 

19   these issues on the ground every day in our 

20   community, Shana Mosher and Danielle Segall and 

21   Danielle Zuckerman, and Zameena Mejia, who's 

22   ready to tweet the results out about this vote 

23   any minute.  

24                And most importantly today, the 

25   staff who worked tirelessly to put this package 


                                                               5633

 1   together:  Nic Rangel, Amber Marshall, Kenan 

 2   Kurt, Michael Szydlo, Allison Bradley, Rhett 

 3   Maiorana, and Nadia Gareeb, who led the 

 4   negotiating team from the staff perspective, and 

 5   of course Shontell Smith, who manages so much of 

 6   what we do here today.  And I hope I'm not 

 7   leaving anybody out.  But it really was an 

 8   extraordinary team.  

 9                And the depth with which we reviewed 

10   this issue has been mentioned, and that would not 

11   have been possible without those folks doing the 

12   analysis, doing the drafting, and taking comments 

13   from every possible kind of stakeholder 

14   continuously now for months.

15                I will end by thanking our leader, 

16   Andrea Stewart-Cousins.  This is her bill.  I 

17   think we'll hear from her shortly on this.  But I 

18   think we began discussing what we were going to 

19   try to do with housing last April, what we would 

20   do if we were lucky enough to be in a position 

21   where we'd have the ability to do this.  I thank 

22   her for the confidence that she has put in me and 

23   in Senator Myrie to lead this effort, and the 

24   extraordinary leadership that she has shown 

25   throughout this session on bringing important 


                                                               5634

 1   questions like this to the floor and bringing 

 2   powerful solutions that are going to affect the 

 3   lives of millions of people to a vote in this 

 4   chamber.  

 5                So thank you to our leader, and 

 6   thank you to all of you.  And I will vote in the 

 7   affirmative.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Kavanagh to be recorded in the affirmative.  

10                Senator Flanagan to explain his 

11   vote.

12                SENATOR FLANAGAN:   Thank you, 

13   Mr. President.  

14                I rise and I want to join the voice 

15   of a lot of my colleagues in speaking to the 

16   bill, but in speaking about some of the folks who 

17   are here today.  And I'll add my voice.  I'm 

18   going to thank the leader, but not for the 

19   reasons that you all have thanked her for.  

20                I don't like this bill, and I'm 

21   going to vote no.  But I do want to thank her, 

22   because it's a day early.  It's a day early.

23                (Laughter.)

24                SENATOR FLANAGAN:   It's done.  

25   There's no midnight oil.  The light of the day 


                                                               5635

 1   and the sunshine is out there.

 2                SENATOR STEWART-COUSINS:   

 3   {Inaudible.}

 4                SENATOR FLANAGAN:   So muchas 

 5   gracias, all right?  I'm very happy about that.  

 6   And I think we all are.  

 7                And in looking at or listening very 

 8   carefully to all of the comments, I would concur 

 9   with the sponsor.  This has been a good debate 

10   and a good discussion about public policy and 

11   about priorities and about people's desires and 

12   what's important to them and to the people they 

13   represent, myself included.  

14                And there were references made to 

15   people who have apparently gotten honorary 

16   degrees today as professors.  I'm going to add a 

17   slightly different tack and say I want to thank a 

18   small business owner and a builder, a man who's a 

19   consummate professional, George Amedore, for his 

20   acumen, his experience, his integrity, among 

21   other things.  

22                And I really embrace people like 

23   Senator Amedore and all of my colleagues for 

24   their backgrounds.  And one of the reasons I 

25   embrace Senator Amedore is because he's got no 


                                                               5636

 1   axe to grind.  He's the kind of person that could 

 2   leave here in five seconds, go off, have a good 

 3   life, make a great living.  And there's nothing 

 4   wrong with that.  We should all be able to say 

 5   that's the kind of system that we should have.  

 6                But I've spent many hours talking to 

 7   my colleagues, including Senator Amedore, about 

 8   what it's like to do business here in the State 

 9   of New York and what a challenge it can be.  Even 

10   if you're a great landlord or you're a great 

11   tenant, it's still really hard to get from the 

12   ground up and get something done and actually 

13   provide housing, affordable or not, for people 

14   here in the State of New York.

15                So I think back, and based on a 

16   conversation I had earlier with Senator Lanza, 

17   LeFrak City was invoked.  You guys have all -- 

18   ladies and gentlemen -- have heard me talk about 

19   my father.  My father got elected to the Assembly 

20   in 1972, but in 1975 he suffered the only loss of 

21   his career in running for office.  He ran for 

22   supervisor of the Town of Huntington.  And in 

23   1975, my father was an advocate for affordable 

24   housing.  Jim Gaughran may be the only one, 

25   Senator Gaughran may be only one who remembers 


                                                               5637

 1   this.  

 2                And he lost that election.  And one 

 3   of the reasons he lost that election was because 

 4   he advocated for affordable housing.  And one of 

 5   the reasons he lost that election was because the 

 6   Democrats said -- unabashedly -- Flanagan wants 

 7   to bring LeFrak City to Long Island.

 8                I doubt Senator Gaughran wrote that 

 9   brochure.

10                However, we all know -- I can 

11   remember that very vividly.

12                Senator Lanza made a salient point 

13   as well.  He has voted for rent control.  I have 

14   voted for rent control on multiple occasions.  

15   Did I like everything that was in there?  No.  

16   But I understood the need, and listening to 

17   people like Mike Gianaris or Neil Breslin and 

18   listening to Senator Stewart-Cousins, we 

19   ultimately have to negotiate and compromise.  

20                So when I hear about affordability 

21   and stability and housing, I think of my 

22   colleagues like Betty Little, who talks about 

23   rural housing and things like neighborhood 

24   preservation.  Whether it's Ken LaValle or Rob 

25   Ortt or Mike Ranzenhofer, who talk about mobile 


                                                               5638

 1   home parks.  I will very comfortably say there is 

 2   not one person in this room that doesn't care 

 3   about affordability and affordable housing.  And 

 4   in fact, when I talk about property taxes, 

 5   forever -- and time and time and time and time 

 6   again -- I feel like I'm talking about 

 7   affordability.  I feel like I'm talking about 

 8   affordable housing.  

 9                So when Senator Lanza talks about an 

10   income tax and a water bill and property taxes, I 

11   get it.  Because we're thinking about whether or 

12   not our constituents will have a good quality of 

13   life.  And can they afford to live somewhere.

14                Now, Senator Bailey, I heard him 

15   talk about being a tenant, and I thought to 

16   myself, You know what?  I'm a tenant.  I am a 

17   tenant.  And I'm lucky.  And I have a very good 

18   landlord.  My washer and dryer doesn't work so 

19   good, but I have a great landlord.  And I know 

20   the value of having that type of relationship.

21                So when I look at this, there are a 

22   couple of things that I do want to mention with 

23   specificity.  And I've been here a long time.  

24   And there's no question that this is a seminal 

25   piece of legislation.  I don't have to agree with 


                                                               5639

 1   it, but this is big.  This is really big.  And I 

 2   don't doubt that for a second.

 3                But I look at a lot of editorials 

 4   that have just come out, including in my own 

 5   region, in Newsday, the Wall Street Journal, 

 6   looking at entities like the Long Island Builders 

 7   Institute and a lot of memos that I've read, and 

 8   I know there are pro memos in support of this 

 9   legislation.  I get that.  But I think I look at 

10   this, and I think a lot of my colleagues look at 

11   this, in a slightly different way.

12                I am very concerned -- this is my 

13   personal core philosophical belief, in looking at 

14   a free market, democracy, capitalism and things 

15   like that -- I am very concerned that the 

16   long-term effect of this legislation will be a 

17   diminution in housing, less affordable housing, 

18   and far fewer incentives for people to get 

19   involved in the building of housing.  That's what 

20   I really feel.

21                And in looking at the things that 

22   have happened in the City of New York, you know, 

23   I compare that to the rest of the state.  Now, 

24   the sponsor of this legislation knows a lot, an 

25   incredible amount.  But when there was a 


                                                               5640

 1   discussion with Senator Ranzenhofer, I was like, 

 2   holy mackerel, because these are conversations 

 3   that we had.  And I think about towns and 

 4   counties and villages and cities; there is a 

 5   distinct lack of clarity, in my opinion, about 

 6   what this legislation could do.  

 7                Basically, you could have a township 

 8   that could run roughshod over a village.  And 

 9   there's no clear answer for that.  And we know 

10   there are plenty of towns and villages that could 

11   be like the Hatfields and the McCoys.  

12                So I'm desperately worried that that 

13   is not ironed out.  There's not something in the 

14   legislative intent that says, by the way, a 

15   village has local control and authority and can't 

16   be run roughshod over by a town or a city or some 

17   entity like a county.  I believe that's a core 

18   question, that's a legitimate question.

19                Also, within the housing itself, a 

20   municipality can now turn around and say, We're 

21   going to look at a class of housing.  Which in my 

22   opinion means you can have a village, say, with 

23   5,000 people -- and Senator Amedore spoke to 

24   this.  You could have a village where they just 

25   say, you know, we're going to look at one class 


                                                               5641

 1   of housing.  Two apartment buildings, they just 

 2   happen to be owned by one person, good, bad, or 

 3   indifferent.  But we have now decided that that 

 4   housing stock is going to fall under this 

 5   umbrella.  The owner has no say.  

 6                Yes, you have a local government.  

 7   But I think we have to be particularly careful 

 8   and perhaps a little circumspect in terms of how 

 9   to do that.  And I'm not sure that that was 

10   thought out, in my opinion, the way it should be.

11                There's another component in here -- 

12   and God knows this is technical and complicated.  

13   But the whole thing with IAI and MCI.  Looking at 

14   MCI, I've read retroactive provisions of this 

15   legislation where people have made investments, 

16   taken risks.  They've made investments and now 

17   we're changing the rules midstream.  There's a 

18   retroactive component here that says the increase 

19   you're able to get has now gone from 6 percent to 

20   2 percent, changing the rules midstream.  

21                You want to change them 

22   prospectively, I respect that, even though I may 

23   quibble with what the number is.  But I think 

24   that's a big component that goes right to the 

25   question of affordability.  And there are many 


                                                               5642

 1   things within the bill that we could probably 

 2   discuss at further length.

 3                I know when I go home -- and I think 

 4   of my colleagues -- I don't want to go home to 

 5   someone and say, We addressed the affordable 

 6   housing crisis as best we could, but we dropped a 

 7   means test.  There is no rational explanation, in 

 8   my opinion and I think our colleagues' opinion, 

 9   for saying now there's not going to be any kind 

10   of means test.  That's a pretty gosh darn hard 

11   sell, I think, for the taxpayers that I represent 

12   and that my colleagues represent.

13                So what I think we are looking at is 

14   a balance.  I want people to be able to live in 

15   good, clean, quality affordable housing.  But I 

16   also want to have entrepreneurs and investors and 

17   financial institutions who are willing to take 

18   those risks.  And they don't have to be behemoth 

19   landlords.  They can be people who have decided, 

20   you know what, I'm going to take my life savings, 

21   I'm going to build an apartment building with 

22   10 units -- but I don't know, you know, 

23   government is telling me I can only do this or do 

24   that.

25                So in my estimation, this pendulum 


                                                               5643

 1   has swung too far.  And I think we're not going 

 2   to see this overnight, but I believe we're going 

 3   to find ourselves in a situation that creates 

 4   significant problems.

 5                Now, lastly -- and I promise, 

 6   lastly -- this is permanent.  And I've listened 

 7   carefully to people say this is long overdue, 

 8   this should have been made permanent many, many 

 9   years ago.  I don't agree, but I particularly, 

10   particularly don't agree by virtue of the fact 

11   that this is now applicable statewide.  

12                This is a system -- you can make a 

13   cogent argument, again, in my opinion, that you 

14   should be able to permanentize this in the City 

15   of New York.  And the other outlying areas that 

16   already have this in their governmental 

17   structure.  But for the rest of the state, now 

18   it's permanent.  We don't even know how it's 

19   going to work.  We don't know what's going to go 

20   well, we don't know what's going to go poorly.  

21                So I am grateful that this is being 

22   addressed.  I am clearly going to vote no.  I 

23   respect the divide and the philosophical 

24   differences that we have.  And I also know, as I 

25   said before, everybody in this room -- Pam 


                                                               5644

 1   Helming, Jim Seward, Daphne Jordan, Sue Serino -- 

 2   and every member in the majority cares about 

 3   affordability and affordable housing.  Sometimes 

 4   we just get there in a different way.

 5                So I will be respectfully voting no, 

 6   but God knows I'm willing to work with any one of 

 7   my colleagues to see how we can make the lives of 

 8   our constituents better on housing and taxes and 

 9   otherwise.

10                Mr. President, thank you.

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Flanagan to be recorded in the negative.

13                Majority Leader Stewart-Cousins to 

14   explain her vote.

15                SENATOR STEWART-COUSINS:   Thank 

16   you, Mr. President.

17                And I really am happy that we are 

18   doing this in the light of day and in a way that 

19   people who have been dying to know what we would 

20   be doing in this area can actually see, hear, 

21   absorb, and understand the historic nature of 

22   what has happened here.  

23                I really do thank all of my 

24   colleagues, because the thoughtful conversation 

25   that we've had around this very important piece 


                                                               5645

 1   of legislation underscores what we know.  Housing 

 2   is important to every single one of us.  

 3                When my colleague Senator Flanagan 

 4   talks about the businesses and -- it all works 

 5   together.  And we know that we need to have the 

 6   employees to be able to serve those businesses, 

 7   and we need housing on every single level, every 

 8   single strata.  And these particular pieces of 

 9   legislation, this bill makes sure that affordable 

10   housing is there for the people who need to get 

11   to the businesses, to stabilize the businesses, 

12   so that our economy can grow.

13                When I was growing up -- and I've 

14   talked about this so much -- I grew up in public 

15   housing.  It wasn't fancy, it was public housing.  

16   But my parents knew every day that there was a 

17   place that we could afford to live from which we 

18   could launch our dreams.  If we had to move every 

19   week or every month, if we were afraid that 

20   tomorrow we weren't going to have heat, if no 

21   matter how diligently my father juggled the 

22   responsibilities on this little tiny paycheck, we 

23   would not know whether somebody could just decide 

24   tomorrow they needed the apartment, get out -- if 

25   all of those things were part of that experience, 


                                                               5646

 1   I know I would not be here today.  

 2                I know so many of us would not be 

 3   here today.  Because without stability in those 

 4   very essential things, you can't possibly grow 

 5   roots that will make you strong.

 6                What we're doing today says we get 

 7   it.  What we're doing today says we don't want 

 8   people living in fear of not knowing that they 

 9   can afford a space or where they can get the next 

10   space if this space is gone.  We're saying that 

11   you don't have to come back and beg and hope that 

12   the right people are in the right place thinking 

13   about you when these laws expire because maybe, 

14   maybe those new people won't be sympathetic.  You 

15   don't have to do that, because these laws are 

16   permanent.  That's important.

17                Also, we've decided that we know 

18   what we want to have happen, but we will have the 

19   annual report, Senator.  We will have a 

20   commission that is able to assess what's happened 

21   with these laws to make sure that we are doing 

22   exactly what it is that will continue to grow our 

23   economy by stabilizing our housing.  

24                And by the way, I don't believe that 

25   we should walk away from finding even a larger 


                                                               5647

 1   plan, very much like Mitchell and Lama figured it 

 2   out.  State legislatures figured out how to make 

 3   sustainable affordable housing so that it's not a 

 4   crisis that we refuse to address.  Each and every 

 5   one of us, I'm sure, have these same experiences 

 6   that my colleagues in Westchester do -- I know 

 7   that Senator Mayer mentioned it -- with housing.  

 8   We have in Westchester, you know, 27,000, many in 

 9   my district.  

10                But the reality is every single day 

11   I am talking to people, seniors -- Where am I 

12   going to live?  I'm trying to find housing.  I'm 

13   on a list.  Section 8 doesn't happen anymore, 

14   it's 10 years.  We can't continue to pretend it's 

15   not a crisis.  And I have a wide range of 

16   districts.  Affordable housing is an issue in 

17   every district.  Whether it is the empty nesters 

18   in Scarsdale, whether it's how their kids can 

19   afford to live in the neighborhoods they grew up 

20   in.  No matter where we are, housing and 

21   affordability of housing is an issue.  It's just 

22   a fact.

23                So to pretend that it's just this 

24   place or even to pretend that our statewide focus 

25   is something that shouldn't apply is ridiculous.  


                                                               5648

 1   Whether you're in a mobile home, whether you're 

 2   in Brooklyn or Buffalo, housing is critical.  We 

 3   can't deny it.  

 4                So we've tried to say look, you 

 5   know, there's certain protections that everybody 

 6   should have, and there's an advocacy on the part 

 7   of the State Legislature that says we hear you.  

 8   Yes, the pendulum is swinging.  Yes, it's been 

 9   swinging in one direction for 40 years.  Guess 

10   what?  We've got to begin to address the fact 

11   that unless we as a Legislature show a commitment 

12   to the things that matter to people, none of us, 

13   no matter how long we stay here, will feel that 

14   we've succeeded.  

15                When I got here in 2007, I got here 

16   because of a great tenant momentum, the 

17   housing law -- that's all I've heard:  The 

18   housing law is expiring, please help me.  I never 

19   would have dreamt -- I knew that I had to be part 

20   of a solution, and I was so pleased that people 

21   spent time investing in people like me and so 

22   many of my colleagues here because they believed 

23   that we could make a difference.  And to be here 

24   as the leader of this great chamber saying 

25   because of the advocates' relentless struggle to 


                                                               5649

 1   be heard, here we are with this great piece of 

 2   legislation that recognizes your concerns and 

 3   your fears -- who would have dreamt it?

 4                But from the first day with these 

 5   incredible people, I promised that we would be 

 6   making history.  I promised that we would take 

 7   every day seriously.  I promised that we were 

 8   going to break down barriers.  We promised that 

 9   we were going to build up opportunities.  We 

10   promised that we were not going to ignore the 

11   voices of people who felt they'd been left out.  

12                We've been here six months, and in 

13   these six months we've made a difference.  And 

14   when I sit here and listen to my colleagues who 

15   get up and thank me, I thank you, every single 

16   person who spent the moments that they could have 

17   been doing everything else to take an issue -- 

18   and in this case, this issue, under the 

19   leadership of Brian Kavanagh, the professor --

20                (Laughter.)

21                SENATOR STEWART-COUSINS:   -- and 

22   young Mr. Myrie.  

23                (Laughter.) 

24                SENATOR STEWART-COUSINS:   You know, 

25   to see that type of leadership and, you know, the 


                                                               5650

 1   work groups, people who I begged -- not even.  I 

 2   didn't have to beg.  It was like, would you be 

 3   this?  Yes.  Everybody dropped everything, showed 

 4   up.  Late into the nights.  Drilling down, 

 5   hammering out, with the staff who -- when they 

 6   all left at midnight, the staff was there, 3:00, 

 7   4:00.  Incredible.  Incredible.  You heard their 

 8   names, and certainly I'll give a special thank 

 9   you to Shontell Smith, who led up the operation 

10   with the staff.

11                What happened here could only have 

12   happened because people are not in any way 

13   confused about what our priorities have to be.  

14   And we're not even tired, because we know there's 

15   so much to be done.  You should be very, very 

16   proud of what's been accomplished today.  We know 

17   that we've got still a few more days left, and 

18   there's still more to do.  But because -- because 

19   we were able to keep our promise, no matter what 

20   happens even in the next few days, we know that 

21   we've changed the trajectory of New York State to 

22   a state that responds to every person.  No matter 

23   who you are, what your zip code is, what your 

24   affordability is, you have a place here.

25                I also want to thank my legislative 


                                                               5651

 1   partner, the Speaker.  Because this was rough in 

 2   every way for all of us because we had a deadline 

 3   looming.  And again, the Speaker put his staff 

 4   together with mine, their members together with 

 5   ours, and we've come out with what I know is an 

 6   extraordinary, life-changing piece of 

 7   legislation.

 8                Thank you.  Mr. President, thank 

 9   you.  I want you all to have a wonderful weekend, 

10   which is why we're going to be finished.  For the 

11   fathers, happy -- I know.  Well, you're not going 

12   to be, but this is the big one.  You can't leave 

13   now, but --

14                (Laughter.)

15                SENATOR STEWART-COUSINS:   But it 

16   will be daylight.  

17                (Laughter.)

18                SENATOR STEWART-COUSINS:   I want 

19   the fathers to have a happy Father's Day.  Like I 

20   said, this type of legislation really is a 

21   tribute to, again, a man who worked so hard to 

22   keep a roof over my head.  And, you know, I 

23   appreciate the work that's been done here.

24                I certainly vote aye.

25                ACTING PRESIDENT BENJAMIN:   


                                                               5652

 1   Majority Leader Andrea Stewart-Cousins to be 

 2   recorded --

 3                (Cheers from the galleries; extended 

 4   standing ovation.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Majority Leader Stewart-Cousins to be recorded in 

 7   the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 1407, those Senators voting in 

11   the negative are Senators Akshar, Amedore, 

12   Antonacci, Boyle, Brooks, Flanagan, Funke, 

13   Gallivan, Gaughran, Griffo, Helming, Jacobs, 

14   Jordan, Kaplan, Lanza, LaValle, Little, Martinez, 

15   O'Mara, Ortt, Ranzenhofer, Ritchie, Robach, 

16   Serino, Seward and Tedisco.

17                Ayes, 36.  Nays, 26.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.  

20                (Extended applause; cheering from 

21   galleries.) 

22                ACTING PRESIDENT BENJAMIN:   Senator 

23   Gianaris.

24                SENATOR GIANARIS:   Thank you, 

25   Mr. President (laughing).  Can we now --


                                                               5653

 1                ACTING PRESIDENT BENJAMIN:   Senator 

 2   Gianaris.

 3                SENATOR GIANARIS:   Okay.  All 

 4   right.  Can we now take up the reading of the 

 5   supplemental calendar, noncontroversial, please.

 6                ACTING PRESIDENT BENJAMIN:   Order 

 7   in the chamber, please.  Order in the chamber, 

 8   please.  

 9                The Secretary will read.

10                THE SECRETARY:   Senator Serino 

11   moves to discharge, from the Committee on Rules, 

12   Assembly Bill Number 4069 and substitute it for 

13   the identical Senate Bill 1239A, Third Reading 

14   Calendar 1337.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                The Secretary will read.  

18                THE SECRETARY:   Calendar Number 

19   1337, Assembly Print Number 4069, by 

20   Assemblymember Barrett, an act to legalize, 

21   validate, ratify and confirm the actions of the 

22   Spackenkill Union Free School District.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5654

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1350, Senate Print 1810 --

12                ACTING PRESIDENT BENJAMIN:   Order 

13   in the chamber, please.  Please.

14                Continue.

15                THE SECRETARY:   Calendar Number 

16   1350, Senate Print 1810, by Senator Rivera, an 

17   act to amend the Public Health Law and the 

18   Insurance Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

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

23   shall have become a law.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5655

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1376, Senate Print 2176, by Senator Bailey, an 

 9   act to amend the New York State Urban Development 

10   Corporation Act and the Economic Development Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 3.  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:    

19   Announce the results.

20                THE SECRETARY:   Ayes, 62.

21                ACTING PRESIDENT BENJAMIN:   The 

22   bill is passed.

23                There is a substitution at the desk.  

24                The Secretary will read.

25                THE SECRETARY:   Senator Ramos moves 


                                                               5656

 1   to discharge, from the Committee on Finance, 

 2   Assembly Bill Number 568 and substitute it for 

 3   the identical Senate Bill 3158, Third Reading 

 4   Calendar 1378.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   substitution is so ordered.  

 7                The Secretary will read.

 8                THE SECRETARY:   Calendar Number 

 9   1378, Assembly Print Number 568, by 

10   Assemblymember Paulin, an act to amend the 

11   Public Health Law and the Insurance Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 3.  This 

15   act shall take effect one year after it shall 

16   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:   Ayes, 62.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                There is a substitution at the desk.  


                                                               5657

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Parker 

 3   moves to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 2758A and substitute it for 

 5   the identical Senate Bill Number 3200A, Third 

 6   Reading Calendar 1379.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   substitution is so ordered.  

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1379, Assembly Bill Number 2758A, by 

12   Assemblymember Ortiz, an act to amend the 

13   Mental Hygiene Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

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:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5658

 1                There is a substitution at the desk.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator Sanders 

 4   moves to discharge, from the Committee on Rules, 

 5   Assembly Bill Number 5625A and substitute it for 

 6   the identical Senate Bill Number 3221, Third 

 7   Reading Calendar 1380.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   substitution is so ordered.

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1380, Assembly Print Number 5625A, by 

13   Assemblymember Weinstein, an act to amend the 

14   Real Property Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

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

19   shall have become a law.

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:   Ayes, 62.


                                                               5659

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                There is a substitution at the desk.  

 4                The Secretary will read.

 5                THE SECRETARY:   Senator Parker 

 6   moves to discharge, from the Committee on 

 7   Mental Health and Developmental Disabilities, 

 8   Assembly Bill Number 4482 and substitute it for 

 9   the identical Senate Bill Number 3766, Third 

10   Reading Calendar 1381.

11                ACTING PRESIDENT BENJAMIN:   The 

12   substitution is so ordered.

13                The Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   1381, Assembly Print 4482, by Assemblymember 

16   Cusick, an act to amend the Mental Hygiene Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               5660

 1                THE SECRETARY:   Ayes, 62.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1382, Senate Print 4417, by Senator Helming, an 

 6   act in relation to authorizing the Town of 

 7   Webster, County of Monroe, to alienate and convey 

 8   certain parcels of land used as parklands.

 9                ACTING PRESIDENT BENJAMIN:   There 

10   is a home-rule message at the desk.

11                Read the last section.

12                THE SECRETARY:   Section 5.  This 

13   act shall take effect immediately.

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:   Ayes, 62.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1383, Senate Print 4454, by Senator Brooks, an 

24   act to amend the Insurance Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               5661

 1   the last section.

 2                THE SECRETARY:   Section 6.  This 

 3   act shall take effect on the first of January.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 1383, those Senators voting in 

11   the negative are Senators Akshar, Antonacci, 

12   Funke, Gallivan, Griffo, Helming, Jacobs, Jordan, 

13   Lanza, LaValle, Little, O'Mara, Ortt, 

14   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

15   Tedisco.

16                Ayes, 43.  Nays, 19.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   1384, Senate Print 4915A, by Senator Akshar, an 

21   act to amend the Highway Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 3.  This 

25   act shall take effect immediately.


                                                               5662

 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:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                There is a substitution at the desk. 

10                The Secretary will read.

11                THE SECRETARY:   Senator Parker 

12   moves to discharge, from the Committee on 

13   Veterans, Homeland Security and Military Affairs, 

14   Assembly Bill Number 2459A and substitute it for 

15   the identical Senate Bill 5006A, Third Reading 

16   Calendar 1385.

17                ACTING PRESIDENT BENJAMIN:   The 

18   substitution is so ordered.

19                The Secretary will read.

20                THE SECRETARY:   Calendar Number 

21   1385, Assembly Print Number 2459A, by 

22   Assemblymember Fahy, an act to amend the 

23   Executive Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               5663

 1                THE SECRETARY:   Section 2.  This 

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

 3   shall have become a law.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1386, Senate Print 5047, by Senator Krueger, an 

14   act to amend the New York City Civil Court Act 

15   and the Real Property Actions and Proceedings 

16   Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 4.  This 

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

21   shall have become a law.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               5664

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 1386, those Senators voting in 

 4   the negative are Senators Akshar, Amedore, 

 5   Antonacci, Flanagan, Funke, Gallivan, Helming, 

 6   Jacobs, Jordan, Griffo, Lanza, LaValle, O'Mara, 

 7   Ortt, Ranzenhofer, Ritchie, Robach, Serino, 

 8   Seward and Tedisco.

 9                Ayes, 42.  Nays, 20.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   1387, Senate Print 5402, by Senator Persaud, an 

14   act to amend the Social Services Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   Ayes, 62.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5665

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   1388, Senate Print 5466, by Senator LaValle, an 

 4   act to amend Chapter 399 of the Laws of 2017.

 5                ACTING PRESIDENT BENJAMIN:   There 

 6   is a home-rule message at the desk.

 7                Read the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1389, Senate Print 5514A, by Senator Montgomery, 

20   an act to amend the Civil Practice Law and Rules.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5666

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 62.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                There is a substitution at the desk.  

 9                The Secretary will read.

10                THE SECRETARY:   Senator Addabbo 

11   moves to discharge, from the Committee on Budget 

12   and Revenue, Assembly Bill Number 7475 and 

13   substitute it for the identical Senate Bill 

14   Number 5545, Third Reading Calendar 1390.

15                ACTING PRESIDENT BENJAMIN:   The 

16   substitution is so ordered.

17                The Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   1390, Assembly Print Number 7475, by 

20   Assemblymember Cusick, an act to amend the 

21   Tax Law and the Labor Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5667

 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:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                There is a substitution at the desk.  

10                The Secretary will read.

11                THE SECRETARY:   Senator Breslin 

12   moves to discharge, from the Committee on Rules, 

13   Assembly Bill Number 7574 and substitute it for 

14   the identical Senate Bill 5582, Third Reading 

15   Calendar 1391.

16                ACTING PRESIDENT BENJAMIN:   The 

17   substitution is so ordered.

18                The Secretary will read.

19                THE SECRETARY:   Calendar Number 

20   1391, Assembly Print Number 7574, by 

21   Assemblymember Lifton, an act to amend the 

22   Tax Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5668

 1   act shall take effect on the same date and in the 

 2   same manner as Chapter 59 of the Laws of 2019.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1392, Senate Print 5595A, by Senator Liu, an act 

13   to amend the Tax Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect immediately.

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:   In relation to 

24   Calendar 1392, those Senators voting in the 

25   negative are Senators Akshar, Lanza and Ortt.


                                                               5669

 1                Ayes, 59.  Nays, 3.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1393, Senate Print 5625A, by Senator May, an act 

 6   to amend the State Finance Law.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 3.  This 

10   act shall take effect June 1, 2020.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 1393, those Senators voting in 

18   the negative are Senators Akshar, Amedore, 

19   Antonacci, Flanagan, Funke, Gallivan, Griffo, 

20   Helming, Jacobs, Jordan, Lanza, LaValle, Little, 

21   O'Mara, Ortt, Ranzenhofer, Ritchie, Serino, 

22   Seward and Tedisco.

23                Ayes, 42.  Nays, 20.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5670

 1                THE SECRETARY:   Calendar Number 

 2   1394, Senate Print 5640B, by Senator Skoufis, an 

 3   act to amend the Town Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  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:   In relation to 

14   Calendar Number 1394, those Senators voting in 

15   the negative are Senators Amedore, Antonacci, 

16   Flanagan, Funke, Gaughran, Helming, Jacobs, 

17   Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, Serino, 

18   and Tedisco.  Also Senator Ritchie.  

19                Ayes, 47.  Nays, 15.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1395, Senate Print 5644B, by Senator Skoufis, an 

24   act to amend the Town Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


                                                               5671

 1   the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   In relation to 

10   Calendar Number 1395, those Senators voting in 

11   the negative are Senators Amedore, Antonacci, 

12   Flanagan, Funke, Gaughran, Griffo, Helming, 

13   Jacobs, Jordan, Lanza, O'Mara, Ortt, Ranzenhofer, 

14   Serino and Tedisco.

15                Ayes, 47.  Nays, 15.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1397, Senate Print 5673, by Senator Gaughran, an 

20   act to amend the Public Service Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5672

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:   Senator  

 4   Gaughran to explain his vote.

 5                SENATOR GAUGHRAN:   Yes, very 

 6   quickly, Mr. President.  

 7                About a year ago, many constituents 

 8   of mine, and others on Long Island, faced their 

 9   water bills tripling, even some quadrupling, 

10   because New York American Water had increased 

11   their rates significantly after the Public 

12   Service Commission granted that approval.

13                It turned out that some officials of 

14   this company actually lied to the Public Service 

15   Commission.  And then there was an investigation 

16   that was prompted by the residents.  And after 

17   that investigation, the rates were rolled back a 

18   little bit.

19                So we don't want to -- we want to 

20   make sure that this doesn't happen again.  So 

21   therefore what this legislation does, it says 

22   that if a public utility or its employee 

23   willfully lies before the Public Service 

24   Commission about facts and figures involving a 

25   rate increase, then they can be held accountable 


                                                               5673

 1   with significant fines.

 2                I vote in the affirmative, 

 3   Mr. President.

 4                ACTING PRESIDENT BENJAMIN:   Senator 

 5   Gaughran to be recorded in the affirmative.

 6                Announce the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   1398, Senate Print 5716, by Senator Metzger, an 

12   act to amend the Urban Development Corporation 

13   Act.

14                ACTING PRESIDENT BAILEY:   Read the 

15   last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the first of April.

18                ACTING PRESIDENT BAILEY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BAILEY:   Announce 

22   the results.  

23                THE SECRETARY:   Ayes, 62.

24                ACTING PRESIDENT BAILEY:   The bill 

25   is passed.


                                                               5674

 1                There is a substitution at the desk.  

 2                The Secretary will read.

 3                THE SECRETARY:   Senator Skoufis 

 4   moves to discharge, from the Committee on Health, 

 5   Assembly Bill Number 7492 and substitute it for 

 6   the identical Senate Bill 5741, Third Reading 

 7   Calendar 1399.

 8                ACTING PRESIDENT BAILEY:   The 

 9   substitution is so ordered.

10                The Secretary will read.  

11                THE SECRETARY:   Calendar Number 

12   1399, Assembly Print Number 7492, by 

13   Assemblymember Steck, an act to amend the 

14   Social Services Law.

15                ACTING PRESIDENT BAILEY:   Read the 

16   last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect on the first of April.

19                ACTING PRESIDENT BAILEY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BAILEY:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar 1399, voting in the negative:  


                                                               5675

 1   Senator Lanza.  

 2                Ayes, 61.  Nays, 1.

 3                ACTING PRESIDENT BAILEY:   The bill 

 4   is passed.

 5                There is a substitution at the desk.  

 6                The Secretary will read.

 7                THE SECRETARY:   Senator Kaplan 

 8   moves to discharge, from the Committee on Rules, 

 9   Assembly Bill Number 842 and substitute it for 

10   the identical Senate Bill 5812, Third Reading 

11   Calendar 1400.

12                ACTING PRESIDENT BAILEY:   The 

13   substitution is so ordered.

14                The Secretary will read.

15                THE SECRETARY:   Calendar Number 

16   1400, Assembly Print Number 842, by 

17   Assemblymember Simotas, an act to amend the 

18   State Administrative Procedure Act.

19                ACTING PRESIDENT BAILEY:   Read the 

20   last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect on the first of November.

23                ACTING PRESIDENT BAILEY:   Call the 

24   roll.

25                (The Secretary called the roll.)


                                                               5676

 1                ACTING PRESIDENT BAILEY:   Announce 

 2   the results.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT BAILEY:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 

 7   1401, Senate Print 5820, by Senator Metzger, an 

 8   act to direct the New York State Energy Research 

 9   and Development Authority to study and make 

10   recommendations regarding the state's electric 

11   vehicle inventory.

12                ACTING PRESIDENT BAILEY:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BAILEY:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BAILEY:   Announce 

20   the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 1401, those Senators voting in 

23   the negative are Senators Funke, O'Mara and Ortt.

24                Ayes, 59.  Nays, 3.

25                ACTING PRESIDENT BAILEY:   The bill 


                                                               5677

 1   is passed.

 2                There is a substitution at the desk.  

 3                The Secretary will read.

 4                THE SECRETARY:   Senator May moves 

 5   to discharge, from the Committee on Rules, 

 6   Assembly Bill Number 1599 and substitute it for 

 7   the identical Senate Bill 5849, Third Reading 

 8   Calendar 1402.

 9                ACTING PRESIDENT BAILEY:   The 

10   substitution is so ordered.

11                The Secretary will read.

12                THE SECRETARY:   Calendar Number 

13   1402, Assembly Print Number 1599, by 

14   Assemblymember Hunter, an act to amend the 

15   Environmental Conservation Law.

16                ACTING PRESIDENT BAILEY:   Read the 

17   last section.

18                THE SECRETARY:   Section 5.  This 

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

20   shall have become a law.

21                ACTING PRESIDENT BAILEY:   Call the 

22   roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BAILEY:   Announce 

25   the results.


                                                               5678

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 1402, those Senators voting in 

 3   the negative are Senators Akshar, Amedore, 

 4   Antonacci, Funke, Gallivan, Griffo, Helming, 

 5   Jacobs, Jordan, Lanza, Martinez, O'Mara, Ortt, 

 6   Ranzenhofer, Ritchie, Serino, Seward and Tedisco.

 7                Ayes, 44.  Nays, 18.

 8                ACTING PRESIDENT BAILEY:   The bill 

 9   is passed.

10                THE SECRETARY:   Calendar Number 

11   1403, Senate Print 5864A, by Senator Jackson, an 

12   act to amend the Tax Law.

13                ACTING PRESIDENT BAILEY:   Read the 

14   last section.

15                THE SECRETARY:   Section 6.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BAILEY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BAILEY:   Senator 

21   Jackson to explain his vote.  

22                SENATOR JACKSON:   Thank you, 

23   Mr. President and my colleagues.  I rise to 

24   explain my sponsorship of this bill.  

25                This body's support of the New York 


                                                               5679

 1   State film tax credit has helped the film and TV 

 2   industry in New York State continue to grow.  

 3   Specifically, the increase in the number of 

 4   television productions in New York gives us the 

 5   ability to bring about positive change to the 

 6   industry by implementing policies aimed at 

 7   improving the lack of representation plaguing the 

 8   television industry.

 9                Writers and directors have critical 

10   control over the creative direction that a 

11   television series will take.  These professionals 

12   craft the stories that people come to enjoy on 

13   their screens, and their life experiences inform 

14   their creative decisions.  A lack of diversity in 

15   the backgrounds of the staff who are writing and 

16   directing shows has translated to the lack of 

17   diversity in the stories told on-screen.

18                In the Writers Guild of America 

19   East, only 27 percent of the credited writers 

20   from the past five years were women, and only 

21   14 percent were people of color.  Numbers for 

22   writers across the country are similarly 

23   underreflective of our country's current 

24   breakdown, and the data on lack of diversity 

25   among directors is even more dismal.  


                                                               5680

 1                This bill will help fix the problem 

 2   by giving an increased incentive for companies to 

 3   give women and minority writers and directors of 

 4   episodic television shows a chance to showcase 

 5   their skills and build up their resumes.

 6                It designates $5 million for hiring 

 7   these people, offering $50,000 per hire per 

 8   episode for up to $150,000 total.  By encouraging 

 9   greater diversity among writers and directors of 

10   TV shows, we are doing important work upstream to 

11   make sure that the on-screen media 

12   representations children consume downstream are 

13   more representative of them.

14                When my grandkids see a kid who 

15   looks like them on TV growing up to be a doctor 

16   or a professional swimmer or an engineer, it 

17   helps them to visualize themselves achieving the 

18   same type of goals someday.  And to me, that's 

19   well worth the additional credit that this bill 

20   grants.  

21                And I look forward to doing even 

22   more in the future.  Today I can count on you to 

23   give me this aye vote, but let me cite you 

24   what -- I was watching the Tonys the other night, 

25   and heard what Rachel Chavkin, the director of 


                                                               5681

 1   "Hadestown," said when she received her Tony:  

 2   "There are so many women who are ready to go.  

 3   There are so many artists of color who are ready 

 4   to go.  It is a failure of imagination by a field 

 5   whose job is to imagine how the world could be."  

 6                That's what this bill is about.  And 

 7   I ask my colleagues to vote aye.

 8                Thank you.

 9                ACTING PRESIDENT BAILEY:   Senator 

10   Jackson to be recorded in the affirmative.

11                Senator Ortt to explain his vote.

12                SENATOR ORTT:   Thank you, 

13   Mr. President.

14                I have been a vocal outspoken critic 

15   of the New York film tax credit.  And it was 

16   always sold to me as an economic development tool 

17   for all of New York, not just for the film 

18   industry, even though I think that's even dubious 

19   unto itself.

20                But now, with all due respect to 

21   Senator Jackson, the sponsor, my colleague, now 

22   we're taking money from that pot to promote 

23   diversity within one specific industry, which I 

24   just simply believe is not the proper use of 

25   public dollars.  If the industry needs to be more 


                                                               5682

 1   diverse, then let it be more diverse.  They 

 2   should use their own money to make it more 

 3   diverse.  It shouldn't depend on New Yorkers to 

 4   fund that social engineering project within one 

 5   industry.  

 6                And the only reason I would put 

 7   forth that we're doing it in this one industry is 

 8   to make it more palatable for the Majority to 

 9   continue to support this credit.

10                Mr. President, I am in the negative.

11                ACTING PRESIDENT BAILEY:   Senator 

12   Ortt to be recorded in the negative.

13                Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 1403, those Senators voting in 

16   the negative are Senators Akshar, Amedore, 

17   Antonacci, Flanagan, Funke, Gallivan, Griffo, 

18   Helming, Jacobs, Jordan, O'Mara, Ortt, 

19   Ranzenhofer, Ritchie, Serino, Seward, Skoufis and 

20   Tedisco.

21                Ayes, 44.  Nays, 18.

22                ACTING PRESIDENT BAILEY:   The bill 

23   is passed.

24                There is a substitution at the desk.  

25                The Secretary will read.


                                                               5683

 1                THE SECRETARY:   Senator Martinez 

 2   moves to discharge, from the Committee on Rules, 

 3   Assembly Bill Number 6520 and substitute it for 

 4   the identical Senate Bill 5871, Third Reading 

 5   Calendar 1404.

 6                ACTING PRESIDENT BAILEY:   The 

 7   substitution is so ordered.

 8                The Secretary will read.

 9                THE SECRETARY:   Calendar Number 

10   1404, Assembly Print Number 6520, by 

11   Assemblymember Englebright, an act to amend the 

12   Environmental Conservation Law.

13                ACTING PRESIDENT BAILEY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT BAILEY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BAILEY:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT BAILEY:   The bill 

24   is passed.

25                There is a substitution at the desk.  


                                                               5684

 1                The Secretary will read.

 2                THE SECRETARY:   Senator Mayer moves 

 3   to discharge, from the Committee on Rules, 

 4   Assembly Bill Number 6575 and substitute it for 

 5   the identical Senate Bill 6031, Third Reading 

 6   Calendar 1405.

 7                ACTING PRESIDENT BAILEY:   The 

 8   substitution is so ordered.

 9                The Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   1405, Assembly Print Number 6575, by 

12   Assemblymember Fahy, an act to amend the 

13   Social Services Law and the Public Health Law.

14                ACTING PRESIDENT BAILEY:   Read the 

15   last section.

16                THE SECRETARY:   Section 5.  This 

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

18   shall have become a law.

19                ACTING PRESIDENT BAILEY:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BAILEY:   Announce 

23   the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 1405, voting in the negative:  


                                                               5685

 1   Senator Tedisco.  

 2                Ayes, 61.  Nays, 1.

 3                ACTING PRESIDENT BAILEY:   The bill 

 4   is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1406, Senate Print 6358, by Senator Lanza, an act 

 7   to amend Chapter 759 of the Laws of 1973.

 8                ACTING PRESIDENT BAILEY:   Read the 

 9   last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BAILEY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BAILEY:   Announce 

16   the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT BAILEY:   The bill 

19   is passed.

20                Senator Gianaris, that completes the 

21   reading of today's supplemental calendar.

22                SENATOR GIANARIS:   At this time, 

23   Mr. President, can we take up the reading of the 

24   calendar.

25                ACTING PRESIDENT BAILEY:   The 


                                                               5686

 1   Secretary will read.

 2                THE SECRETARY:   Calendar Number 

 3   134, Assembly Print Number 3619A, substituted 

 4   earlier by Assemblymember Ortiz, an act to amend 

 5   the Executive Law.

 6                ACTING PRESIDENT BAILEY:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of January.

10                ACTING PRESIDENT BAILEY:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BAILEY:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BAILEY:   The bill 

17   is passed.

18                THE SECRETARY:   Calendar Number 

19   146, Senate Print 3247B, by Senator Salazar, an 

20   act to amend the Public Health Law.

21                ACTING PRESIDENT BAILEY:   Read the 

22   last section.

23                THE SECRETARY:   Section 3.  This 

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

25   shall have become a law.


                                                               5687

 1                ACTING PRESIDENT BAILEY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BAILEY:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BAILEY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   183, Senate Print 2109A, by Senator Sanders, an 

11   act to amend the Banking Law.

12                ACTING PRESIDENT BAILEY:   Read the 

13   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 BAILEY:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BAILEY:   Announce 

21   the results.

22                THE SECRETARY:   Ayes, 62.

23                ACTING PRESIDENT BAILEY:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5688

 1   206, Senate Print 2900, by Senator Kaplan, an act 

 2   to amend the Real Property Tax Law.

 3                ACTING PRESIDENT BAILEY:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

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

 7   shall have become a law.

 8                ACTING PRESIDENT BAILEY:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BAILEY:   Announce 

12   the results.

13                THE SECRETARY:   In relation to 

14   Calendar Number 206, voting in the negative:  

15   Senator Skoufis.  

16                Ayes, 61.  Nays, 1.

17                ACTING PRESIDENT BAILEY:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   286, Senate Print 3444A, by Senator Harckham, an 

21   act to amend the Executive Law.

22                ACTING PRESIDENT BAILEY:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5689

 1                ACTING PRESIDENT BAILEY:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT BAILEY:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BAILEY:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   297, Senate Print 3806A, by Senator Ramos, an act 

11   to establish a Latina suicide prevention task 

12   force.

13                ACTING PRESIDENT BAILEY:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect on the 60th day after it 

17   shall have become a law.

18                ACTING PRESIDENT BAILEY:   Call the 

19   roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BAILEY:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 297, voting in the negative:  

25   Senator Antonacci.


                                                               5690

 1                Ayes, 61.  Nays, 1.

 2                ACTING PRESIDENT BAILEY:   The bill 

 3   is passed.

 4                THE SECRETARY:   Calendar Number 

 5   318, Senate Print 3297D, by Senator Hoylman, an 

 6   act to amend the General Business Law.

 7                ACTING PRESIDENT BAILEY:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 5.  This 

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

11   shall have become a law.

12                ACTING PRESIDENT BAILEY:   Call the 

13   roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BAILEY:   Senator 

16   Hoylman to explain his vote.

17                SENATOR HOYLMAN:   Thank you, 

18   Mr. President.  

19                I rise to thank my colleagues for 

20   their support of this legislation, which is 

21   called the Robocall Prevention Act.  It aims to 

22   take on one of the most vexing scourges of the 

23   modern age, which is robocalls.  Robocalls were 

24   the top complaint by Americans to both the FCC 

25   and FTC in 2018.  There were close to 50 billion 


                                                               5691

 1   robocalls placed to consumers nationwide, and 

 2   3 billion of those were in the State of New York.  

 3   Just in the first few months of 2019, there have 

 4   already been 25 billion robocalls calls placed 

 5   nationwide.

 6                I'll tell you quickly what the 

 7   Robocall Prevention Act does, making it the 

 8   strongest anti-robocall legislation at the state 

 9   level in the country.  

10                First, it requires telephone 

11   companies to make call-blocking technology 

12   available to customers for free.  

13                Second, it gives New Yorkers the 

14   right to request that callers like debt 

15   collectors stop robocalling them.  

16                Three, it prohibits spoofing from 

17   fraudulent disguised telephone numbers.  

18                Four, it provides additional 

19   protections against robocalls for landlines, 

20   which have less protection than cellphones under 

21   federal law.  

22                Five, it grants the State Attorney 

23   General new enforcement power to go after 

24   robocall scammers.  

25                Six, it gives New Yorkers a private 


                                                               5692

 1   right of action to sue illegal robocallers.  

 2                And finally, it will require the 

 3   State of New York to issue annual reports on 

 4   robocalls and make recommendations for further 

 5   action against them.

 6                Mr. President, I vote aye.

 7                ACTING PRESIDENT BAILEY:   Senator 

 8   Hoylman to be recorded in the affirmative.

 9                Senator Carlucci to explain his 

10   vote.

11                SENATOR CARLUCCI:   Thank you, 

12   Mr. President.  

13                Right now there's over 14 million 

14   New Yorkers on the Do Not Call Registry.  But 

15   unfortunately, the Do Not Call Registry hasn't 

16   kept up with the techniques and the technology 

17   that scammers are constantly using to the tune of 

18   $9.5 billion annually that they're scamming from 

19   Americans using robocall scams.  

20                Now, we've seen the State 

21   Comptroller last year did an audit that showed 

22   that out of the 450,000 complaints lodged, only 

23   one of them was referred for investigation.  

24                Well, now the FCC has allowed for 

25   phone companies to block robocalls.  But as 


                                                               5693

 1   Senator Hoylman pointed out, they don't require 

 2   the phone company to do this and they can charge 

 3   the customer a fee.  

 4                Our legislation here will simply 

 5   allow us to do what needed to be done for a long 

 6   time, and that's require the phone companies to 

 7   block these robocalls and do it free of charge to 

 8   the consumer.  

 9                We've seen now, experts tell us, 

10   that there's about 500 different robocall 

11   campaigns, scams out there right now.  There's 

12   over 20 variations of the Social Security scam 

13   alone.  Experts tell us that half of all the 

14   calls made to cellphones this year will be 

15   robocalls.

16                So this legislation is the largest 

17   step forward to reclaiming our phones, to 

18   allowing us to answer those calls with 

19   confidence.

20                I know, as a parent of young 

21   children, I keep my phone with me at all times.  

22   And I'm sure all of us do.  And we're concerned 

23   that we're going to get a call from the school, 

24   from the doctor, and we want to make sure that we 

25   can answer that call with confidence.


                                                               5694

 1                So this legislation will be the 

 2   strongest in the nation.  It will finally do 

 3   something to block these calls, to stop the 

 4   constant harassment and the scams that we've 

 5   seen.  So I'm excited that we're passing this 

 6   today.  I want to thank all my colleagues for 

 7   supporting it.  

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT BAILEY:   Senator 

10   Carlucci to be recorded in the affirmative.

11                Senator Lanza to explain his vote.

12                SENATOR LANZA:   Thank you, 

13   Mr. President, to explain my bill {sic}.  I want 

14   to thank Senator Hoylman for bringing this bill 

15   to the floor.

16                This really is -- you know, at first 

17   glance you might say, So someone's calling your 

18   house, you don't know who it is, big deal.  But 

19   the incessant nature of what's happening there.  

20   There truly has -- Senator Savino is nodding her 

21   head.  On Staten Island, I'm sure like other 

22   places, there's been an explosion of these 

23   robocalls that really, when you put it all 

24   together, the sheer volume of it, it's become a 

25   public nuisance.  


                                                               5695

 1                Especially think about seniors who 

 2   are home and they've got to watch their phones or 

 3   hear their phones ring all day long.  And one of 

 4   the most frustrating parts about all of it is 

 5   now, even if you're home to pick up the phone, 

 6   there's no one there.  I mean, that's how these 

 7   robocalls work now.  They don't want you to 

 8   answer the call, they'd rather go to your call 

 9   waiting.

10                So this is a real issue.  It's a 

11   public nuisance.  I think this is a great piece 

12   of legislation.  I've carried legislation like 

13   this for about three years.  I'm very happy that 

14   this body is taking this legislation up and going 

15   to pass it.  

16                I would ask the sponsor to consider 

17   I have one other piece of legislation that I 

18   would think would complement this.  If you see 

19   what's happening today, most of the calls come 

20   through, you would look at the caller I.D. and it 

21   would look like it's your neighbor.  It's a name 

22   that might look familiar, it's your area code, 

23   it's a pseudo name.  And so I have a 

24   complementary piece of legislation that says, you 

25   know, if you're going to call someone, the caller 


                                                               5696

 1   I.D. must by law say that you are who you say you 

 2   are and not someone else.  

 3                So I thank Senator Hoylman.  I vote 

 4   in the affirmative.  And I do ask that he take a 

 5   look at my complementary legislation and see if 

 6   we can get that to the floor as well.  

 7                Mr. President, I vote aye.

 8                ACTING PRESIDENT BAILEY:   Senator 

 9   Lanza to be recorded in the affirmative.

10                Senator Metzger to explain her vote.

11                SENATOR METZGER:   Thank you, 

12   Mr. President.  

13                I just want to thank Senator Hoylman 

14   for this bill because, you know, it -- as he 

15   said, it is truly a scourge.  

16                And I was just -- I was at my 

17   88-year-old father's house.  He had been in the 

18   hospital for a couple of days and hadn't played 

19   his messages, and so he asked me to play his 

20   messages for him.  And it was like two dozen 

21   calls, all scams, and they just -- that was all 

22   of his -- that was it, his message machine was 

23   full.  

24                They prey on the elderly.  It's just 

25   truly awful.  And I'm so appreciative of this 


                                                               5697

 1   legislation.  

 2                And I vote aye.  Thank you.

 3                ACTING PRESIDENT BAILEY:   Senator 

 4   Metzger to be recorded in the affirmative.

 5                Senator Savino to explain her vote.

 6                SENATOR SAVINO:   Thank you, 

 7   Mr. President.

 8                I also want to thank Senator 

 9   Hoylman, although he's stepped out for the 

10   moment, for bringing this legislation through.  

11                I want to echo the comments of 

12   Senator Lanza and Senator Metzger.  I get a lot 

13   of complaints from my constituents about things 

14   that bother them, big and small, but this is one 

15   of the issues that drives them the most crazy, 

16   and in fact drives me crazy too.  

17                I have gone so far as to unplug my 

18   telephone at home so I don't have to come home to 

19   two dozen messages when I return from Albany.  

20                But it's gotten so bad it's on your 

21   cellphone, it's on your house phone, it's on our 

22   offices here.  In fact, just this week I walked 

23   through the Senate lounge twice, and we know we 

24   have two phones in there.  The phone was ringing, 

25   ringing, ringing.  So I just stopped and I picked 


                                                               5698

 1   up the phone, and they said:  "We've been trying 

 2   to reach you to help you lower your car 

 3   insurance."  I hung up the phone.  An hour later 

 4   I walked past it, the phone is ringing.  "We've 

 5   been trying to find you to help you refinance 

 6   your student loan debt."  

 7                There is no phone that these 

 8   spoofers, scammers cannot reach.  

 9                I just want to make one other point 

10   following up on what Senator Lanza said.  It's 

11   not just telephone companies, it's not just 

12   humans doing it.  We passed a piece of 

13   legislation last month that's going to establish 

14   a statewide task force to study artificial 

15   intelligence.  Many of these phone calls are 

16   being made by what's called chatbots.  And if 

17   they do manage to connect with a human -- many of 

18   them are seniors who fall prey to this -- they 

19   sound like actual people.  They are so 

20   well-created that they sound like humans right 

21   down to the inflection in their voice, and 

22   they're able to capture people and get them to 

23   commit to give them information that puts them at 

24   tremendous risk.  

25                So thank you, Senator Hoylman, for 


                                                               5699

 1   passing this legislation.  It's critically 

 2   important because it annoys all of us, but it's 

 3   truly dangerous practices.

 4                Thank you, Mr. President.  

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Savino to be recorded in the affirmative.  

 7                Senator Bailey to explain his vote.

 8                SENATOR BAILEY:   Thank you, 

 9   Mr. President.  

10                I just wanted to do a double play, I 

11   wanted to come down from presiding and -- to 

12   speaking.  I wanted to make sure that I set a 

13   little bit of history.  

14                But seriously, Senator Hoylman, 

15   thank you for your leadership on this issue.  As 

16   Senator Lanza alluded to, I get those spoofing 

17   calls with the same interchange and the first 

18   three digits in my number.  And I look at it 

19   because I guess as elected officials, sometimes 

20   people are calling us from numbers we may not 

21   recognize.  And we tend to pick up the phone, or 

22   most of us pick up the phone.  And when we pick 

23   up the phone, I am tired of hearing how my car 

24   insurance rate could go lower or your student 

25   loan rate can go higher.  I mean, sometimes the 


                                                               5700

 1   robocalls aren't even advantageous to us.  

 2                So any step that we can take to stop 

 3   the annoyance and the harassment of individuals 

 4   in our community, and especially for seniors -- 

 5   and this is the number-one issue, one of the top 

 6   issues that happen when I go to senior centers.  

 7   Seniors are talking about they're calling their 

 8   cellphones and they are easily tricked into 

 9   believing that there's somebody on the other line 

10   that's caring.  

11                So I want to make sure that we can 

12   get this resolved.  And Senator Hoylman, we're 

13   well on our way with this legislation.  

14                I vote aye, Mr. President.  

15                ACTING PRESIDENT BENJAMIN:   Senator  

16   Bailey to be recorded in the affirmative.

17                Senator Stavisky to explain her 

18   vote.

19                SENATOR STAVISKY:   Yes, picking up 

20   on what Senator Bailey said, let me add that I've 

21   had a lot of complaints from senior 

22   Chinese-Americans who are subjected to a terrible 

23   scam, telling them that either a relative has 

24   been injured or that they have money for them if 

25   they only wire money to a particular location.


                                                               5701

 1                This is a very serious scam in the 

 2   Asian-American community, and I thank 

 3   Senator Hoylman and my colleagues for addressing 

 4   this need.

 5                Thank you, Mr. President.

 6                ACTING PRESIDENT BENJAMIN:   Senator 

 7   Stavisky to be recorded in the affirmative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   384, Senate Print 4092A, by Senator Kaminsky, an 

14   act authorizing the Village of Island Park to 

15   retroactively apply for a real property tax 

16   exemption for certain property.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               5702

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 384, those Senators voting in the 

 3   negative are Senators Akshar, Antonacci and 

 4   O'Mara.

 5                Ayes, 59.  Nays, 3.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   454, Senate Print 1092E, by Senator Persaud, an 

10   act to amend the Public Health Law and the 

11   Education Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 4.  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:   Ayes, 62.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5703

 1   492, Senate Print 2844B, by Senator Ramos, an act 

 2   to amend the Lien Law, in relation to employee 

 3   liens.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 36.  An act 

 7   to amend on the 30th day after it shall have 

 8   become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 492, those Senators voting in the 

16   negative are Senators Akshar, Amedore, Antonacci, 

17   Flanagan, Funke, Gallivan, Griffo, Helming, 

18   Jacobs, Jordan, Lanza, Little, O'Mara, Ortt, 

19   Ranzenhofer, Ritchie, Robach, Serino, Seward and 

20   Tedisco.

21                Ayes, 42.  Nays, 20.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   502, Senate Print 5080, by Senator Mayer, an act 


                                                               5704

 1   to amend Chapter 509 of the Laws of 2016.

 2                ACTING PRESIDENT BENJAMIN:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect immediately.

 6                ACTING PRESIDENT BENJAMIN:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT BENJAMIN:    

10   Announce the results.

11                THE SECRETARY:   In relation to 

12   Calendar Number 502, those Senators voting in the 

13   negative are Senators Brooks, Gaughran, Harckham, 

14   Kaplan, Lanza, Martinez, Metzger, Skoufis and 

15   Thomas.

16                Ayes, 53.  Nays, 9.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   503, Assembly Print Number 6542, substituted 

21   earlier by Assemblymember Otis, an act to amend 

22   Chapter 508 of the Laws of 2016.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               5705

 1   act shall take effect immediately.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.  

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   In relation to 

 8   Calendar 503, those Senators voting in the 

 9   negative are Senators Brooks, Gaughran, Harckham, 

10   Kaplan, Lanza, Martinez, Metzger, Skoufis and 

11   Thomas.

12                Ayes, 53.  Nays, 9.

13                ACTING PRESIDENT BENJAMIN:   The 

14   bill is passed.

15                THE SECRETARY:   Calendar Number 

16   504, Senate Print 5082, by Senator Mayer, an act 

17   to amend Chapter 505 of the Laws of 2016.

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               5706

 1   Announce the results.

 2                THE SECRETARY:   In relation to 

 3   Calendar Number 504, those Senators voting in the 

 4   negative are Senators Brooks, Gaughran, Harckham, 

 5   Kaplan, Lanza, Martinez, Metzger, Skoufis and 

 6   Thomas.  

 7                Ayes, 53.  Nays, 9.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   505, Senate Print 5083, by Senator Mayer, an act 

12   to amend Chapter 381 of the Laws of 2010.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.  

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:   In relation to 

23   Calendar Number 505, those Senators voting in the 

24   negative are Senators Brooks, Gaughran, Harckham, 

25   Kaplan, Lanza, Martinez, Metzger, Skoufis and 


                                                               5707

 1   Thomas.

 2                Ayes, 53.  Nays, 9.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   506, Assembly Print Number 7418, substituted 

 7   earlier by Assemblymember Schmitt, an act to 

 8   amend Chapter 510 of the Laws of 2016.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 506, those Senators voting in the 

20   negative are Senators Brooks, Gaughran, Harckham, 

21   Kaplan, Lanza, Martinez, Metzger and Thomas.  

22                Ayes, 54.  Nays, 8.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5708

 1   567, Senate Print 3685B, by Senator Brooks, an 

 2   act to amend the General Municipal Law and the 

 3   Town Law.

 4                ACTING PRESIDENT BENJAMIN:   Read 

 5   the last section.

 6                THE SECRETARY:   Section 4.  This 

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

 8   shall have become a law.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:   Senator 

13   Seward to explain his vote.

14                SENATOR SEWARD:   Thank you, 

15   Mr. President, to explain my vote on this bill.

16                You know, I have the utmost respect 

17   and admiration for the men and women who serve in 

18   our fire departments, whether they be career or 

19   volunteers, and particularly those who have 

20   emergency squads associated with them, providing 

21   very important ambulance services.  And during my 

22   time in the Senate, I have supported my local 

23   fire departments, and I'm going to continue to do 

24   that.  

25                My concern on this particular piece 


                                                               5709

 1   of legislation is that in an effort to help 

 2   support our fire departments, this bill could 

 3   imperil senior citizens across the state, 

 4   particularly in the rural areas, by removing 

 5   their federal Medicare coverage for certain 

 6   emergency services; specifically, the Medicare 

 7   ALS.  That's the Advanced Life Support intercept 

 8   benefit.  It's unclear to me whether this bill 

 9   would protect that or eliminate it.  My fear is 

10   it will eliminate it.

11                And so until this matter is 

12   resolved, Mr. President, I am voting no.

13                ACTING PRESIDENT BENJAMIN:   Senator 

14   Seward to be recorded in the negative.

15                Senator Harckham to explain his 

16   vote.

17                SENATOR HARCKHAM:   Thank you very 

18   much, Mr. President.

19                I just want to commend Senator 

20   Brooks for this legislation.  This has been a 

21   vexing issue on the Legislature for many, many 

22   years.  And it's involved territorial strife 

23   between paid ambulance services, volunteer 

24   ambulance services, independent ambulance 

25   services, ambulance services embedded with 


                                                               5710

 1   volunteer fire departments.  

 2                And what it's created is in this 

 3   vacuum, quite simply, that volunteer ambulance 

 4   corps embedded with volunteer fire departments 

 5   cannot bill for their services the way other 

 6   ambulance corps have.  And it puts a great 

 7   financial strain on those volunteer companies.

 8                And finally, after a lot of 

 9   negotiation and hard work by Senator Brooks and 

10   his team, I think we are at a place where 

11   everyone is in a good position.

12                So once again, I want to thank 

13   Senator Brooks and his team for all of their 

14   work, and I vote in the affirmative.

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Harckham to be recorded in the affirmative.

17                Senator Ranzenhofer to explain his 

18   vote.

19                SENATOR RANZENHOFER:   Yes, thank 

20   you.  I'd like to explain my no vote.  

21                And I concur with the sentiments of 

22   Senator Seward.  

23                But one of the issues that this 

24   doesn't address that had been addressed 

25   previously, which is very, very relevant in my 


                                                               5711

 1   community, is very often what happens is somebody 

 2   receives the benefits of an ambulance service, 

 3   and the insurance company cuts a check directly 

 4   to the person that received the services and the 

 5   ambulance company never gets paid.  

 6                There were provisions which would 

 7   change that so that the service provider, the 

 8   ambulance company, could receive the check 

 9   directly from the insurance company so they could 

10   be paid for the service.  That is not included in 

11   this bill.  

12                That is an issue in my community 

13   which needed to be addressed.  It's not addressed 

14   in this bill, so I'll be voting no.

15                Thank you.

16                ACTING PRESIDENT BENJAMIN:   Senator 

17   Ranzenhofer to be recorded in the negative.

18                Announce the results.

19                THE SECRETARY:   In relation to 

20   Calendar Number 567, those Senators voting in the 

21   negative are Senators Akshar, Antonacci, 

22   Flanagan, Griffo, Ranzenhofer, Seward and 

23   Skoufis.  

24                Ayes, 55.  Nays, 7.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5712

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   578, Senate Print 5281B, by Senator Skoufis, an 

 4   act alienating certain parklands in the Town of 

 5   Stony Point, County of Rockland.

 6                ACTING PRESIDENT BENJAMIN:   There 

 7   is a home-rule message at the desk.

 8                Read the last section.

 9                THE SECRETARY:   Section 5.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   Ayes, 62.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   590, Senate Print 3281A, by Senator Kaplan, an 

21   act to amend the General Municipal Law.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

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


                                                               5713

 1   shall have become a law.

 2                ACTING PRESIDENT BENJAMIN:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT BENJAMIN:    

 6   Announce the results.

 7                THE SECRETARY:   Ayes, 62.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   594, Senate Print 439A, by Senator Hoylman, 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 90th 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:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5714

 1                THE SECRETARY:   Calendar Number 

 2   630, Assembly Print Number 4336, substituted 

 3   earlier by Assemblymember Weprin, an act to amend 

 4   the Correction Law.

 5                ACTING PRESIDENT BENJAMIN:   Read 

 6   the last section.

 7                THE SECRETARY:   Section 2.  This 

 8   act shall take effect immediately.

 9                ACTING PRESIDENT BENJAMIN:   Call 

10   the roll.

11                (The Secretary called the roll.)

12                ACTING PRESIDENT BENJAMIN:    

13   Announce the results.

14                THE SECRETARY:   In relation to 

15   Calendar Number 630, those Senators voting in the 

16   negative are Senators Akshar, Flanagan, Griffo, 

17   Helming, Jacobs, Jordan, Little, O'Mara, Ortt, 

18   Ranzenhofer, Ritchie, Serino, Seward --

19                ACTING PRESIDENT BENJAMIN:   Senator 

20   Sepúlveda to explain his vote.

21                SENATOR SEPÚLVEDA:   Thank you, 

22   Mr. President, for allowing me to explain my 

23   vote.

24                So this bill was needed, in my 

25   responsibility as chair of the Corrections 


                                                               5715

 1   Committee.  

 2                The Correctional Medical Review 

 3   Board is supposed to provide information about an 

 4   inmate's death.  That report is supposed to be 

 5   provided to myself as the chair, the chair of the 

 6   Assembly Committee, and the Governor.

 7                Now, it's supposed to be as clear as 

 8   possible, with redactions permitted for privacy 

 9   reasons.  The problem that we've been 

10   experiencing with these reports is they look more 

11   like Swiss cheese with all of the redactions.  

12   And it doesn't allow us to do a critical review 

13   of the death of a prisoner.  

14                And so this is why we have asked for 

15   this bill to be passed.  This is why I've worked 

16   so hard on it.  I want to thank my staff and I 

17   want to the leader for allowing us to bring this 

18   here.  This is very necessary for me to do my job 

19   as chair of the Correction Committee.  

20                I vote affirmatively.

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Sepúlveda to be recorded in the affirmative.

23                Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 630, those Senators voting in the 


                                                               5716

 1   negative are Senators Akshar, Amedore, Antonacci, 

 2   Flanagan, Griffo, Helming, Jacobs, Jordan, 

 3   Little, O'Mara, Ortt, Ranzenhofer, Ritchie, 

 4   Serino and Seward.

 5                Ayes, 47.  Nays, 15.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   698, Senate Print 2326, by Senator Kavanagh, an 

10   act to amend the New York City Civil Court Act.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  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:    

19   Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar Number 698, those Senators voting in the 

22   negative are Senators Funke, Griffo, Helming, 

23   Jacobs, Jordan, Ranzenhofer, Ritchie, Serino and 

24   Seward.

25                Ayes, 53.  Nays, 9.


                                                               5717

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   708, Senate Print 4166A, by Senator Addabbo, an 

 5   act to amend the Education Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   722, Assembly Print Number 2218A, substituted 

20   earlier by Assemblymember Abinanti, an act to 

21   amend Chapter 504 of the Laws of 2016.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               5718

 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 722, those Senators voting in the 

 8   negative are Senators Brooks, Gaughran, Harckham, 

 9   Kaplan, Lanza, Martinez, Skoufis and Thomas.  

10   Also Senator Metzger.

11                Ayes, 53.  Nays, 9.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   726, Senate Print 3708, by Senator Mayer, an act 

16   to amend Chapter 506 of the Laws of 2016.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               5719

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 726, those Senators voting in the 

 3   negative are Senators Brooks, Gaughran, Harckham, 

 4   Kaplan, Lanza, Martinez, Metzger, Skoufis and 

 5   Thomas.

 6                Ayes, 53.  Nays, 9.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 

10   734, Senate Print 4809A, by Senator Persaud, an 

11   act to amend the Social Services Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 4.  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:   In relation to 

23   Calendar Number 734, those Senators voting in the 

24   negative are Senators Amedore, Antonacci, 

25   Flanagan, Funke, Gallivan, Griffo, Helming, 


                                                               5720

 1   Jacobs, Jordan, Ortt, Ranzenhofer, Serino, Seward 

 2   and Tedisco.

 3                Ayes, 48.  Nays, 14.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   738, Senate Print 5315, by Senator Carlucci, an 

 8   act to amend the Mental Hygiene Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   751, Senate Print 5133, by Senator Kaplan, an act 

23   to amend the Retirement and Social Security Law.

24                ACTING PRESIDENT BENJAMIN:   There 

25   is a home-rule message at the desk.  


                                                               5721

 1                Read the last section.

 2                THE SECRETARY:   Section 4.  This 

 3   act shall take effect immediately.

 4                ACTING PRESIDENT BENJAMIN:   Call 

 5   the roll.

 6                (The Secretary called the roll.)

 7                ACTING PRESIDENT BENJAMIN:    

 8   Announce the results.

 9                THE SECRETARY:   Ayes, 62.

10                ACTING PRESIDENT BENJAMIN:   The 

11   bill is passed.

12                THE SECRETARY:   Calendar Number 

13   763, Senate Print 5568, by Senator Rivera, an act 

14   to amend the Public Health Law.

15                ACTING PRESIDENT BENJAMIN:   Read 

16   the last section.

17                THE SECRETARY:   Section 2.  This 

18   act shall take effect immediately.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                ACTING PRESIDENT BENJAMIN:    

22   Announce the results.

23                THE SECRETARY:   In relation to 

24   Calendar Number 763, those Senators voting in the 

25   negative are Senators Akshar, Flanagan, Funke, 


                                                               5722

 1   Griffo, Jacobs, Jordan, O'Mara, Ortt, 

 2   Ranzenhofer, Serino, Seward and Tedisco.

 3                Ayes, 50.  Nays, 12.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                THE SECRETARY:   Calendar Number 

 7   764, Senate Print 4203A, by Senator Savino, an 

 8   act to amend the Family Court Act and the 

 9   Social Services Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 3.  This 

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

14   shall have become a law.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:   Senator 

19   Savino to explain her vote.

20                SENATOR SAVINO:   Thank you, 

21   Mr. President.

22                On the surface this might sound like 

23   a very complicated piece of legislation.  In 

24   fact, it's not.

25                If you think back two weeks ago, 


                                                               5723

 1   this body voted, I think unanimously, to allow 

 2   adoptees to access their birth certificates, 

 3   recognizing how important it is for people to 

 4   maintain contact with the people that brought 

 5   them into this world, some of whom who had never 

 6   met them.  

 7                But the vast majority of children 

 8   who are adopted in New York State are adopted out 

 9   of the foster care system.  They have 

10   relationships with their parent and with their 

11   extended family and their siblings.  

12                And for many years, the practice in 

13   Family Court where you had a long case in foster 

14   care and a kinship adoption was to allow 

15   post-adoption, post-termination visitation 

16   between children and their siblings, some of whom 

17   would be adopted by someone else, and their 

18   biological parents.

19                Unfortunately, the law did not allow 

20   for that.  And in a case that was decided by the 

21   New York State Court of Appeals, they turned to 

22   the Legislature and said, Legislature, you need 

23   to fix this.

24                In a post-surrender of parental 

25   rights, where a parent voluntarily gives up their 


                                                               5724

 1   right to their children to an adoption, the judge 

 2   can order post-adoption visitation.  But not in a 

 3   termination of parental rights.  

 4                And what is the difference?  And I 

 5   want you to all remember in the late '90s, in an 

 6   effort to reduce the foster-care population, the 

 7   federal government enacted some rules and applied 

 8   them to the states.  And quite honestly, as a 

 9   person who used to work in this field, it sounded 

10   good on paper but it really wasn't a good idea.  

11                They adopted what was called the 

12   Adoption Safe At Home Act, that said that if a 

13   child was in foster care for the 15 of the next 

14   24 months, that regardless of a parent's efforts 

15   to return -- I'm sorry, to cooperate with the 

16   order or the program to get their child back, it 

17   didn't matter.  It didn't matter how much effort 

18   a parent was making, you automatically had to 

19   change the goal to adoption and begin a 

20   termination of parental rights proceeding.  

21                Didn't matter.  Didn't matter how 

22   fair it was, it didn't matter how bonded those 

23   children were, it didn't make a difference.  The 

24   statute said 15 of the last 24 months you must 

25   automatically move to terminate parental rights.  


                                                               5725

 1                And so agencies have no choice.  

 2   They have to comply with that.  And it puts you 

 3   in a position where sometimes you are dealing 

 4   with children who are bonded to their biological 

 5   parents who they see every week in agency 

 6   visitation, and then all of a sudden down comes 

 7   the order, the adoption comes, and it's as if 

 8   that parent disappears.

 9                And so what this statute would allow 

10   a judge to do -- not in every case, because 

11   sometimes there shouldn't be any further contact.  

12   Some parents should not be allowed to have 

13   continued contact with a child.  But in some 

14   cases, when it's in the best interests of the 

15   child to retain that parent bond, a judge can 

16   order post-termination visitation, the way they 

17   can order post-surrender visitation after 

18   adoption.  

19                So that is what this bill does.  It 

20   preserves rights for adoptive parents too, 

21   provides them with counsel in court and 

22   recognizes that these family bonds are critically 

23   important, especially for children who spend 

24   sometimes half their life in foster care.  Their 

25   parents don't disappear, and this allows them to 


                                                               5726

 1   have that connection.

 2                I vote in favor, Mr. President, and 

 3   I hope my colleagues will join me in that effort.

 4                Thank you.

 5                ACTING PRESIDENT BENJAMIN:   Senator 

 6   Savino to be recorded in the affirmative.

 7                Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 764, those Senators voting in the 

10   negative are Senators Amedore, Antonacci, 

11   Flanagan, Funke, Gallivan, Griffo, Helming, 

12   Jacobs, Jordan, Little, O'Mara, Ortt, Ritchie, 

13   Serino, Seward and Tedisco.

14                Ayes, 46.  Nays, 16.

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is passed.

17                THE SECRETARY:   Calendar Number 

18   785, Senate Print 5720, by Senator Comrie, an act 

19   to amend the Not-For-Profit Corporation Law and 

20   the Religious Corporations Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 3.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5727

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 785, those Senators voting in the 

 7   negative are Senators Amedore, Antonacci, 

 8   Flanagan, Funke, Gallivan, Griffo, Helming, 

 9   Jacobs, Jordan, Little, O'Mara, Ortt, 

10   Ranzenhofer, Ritchie, Seward, Serino and Tedisco.

11                Ayes, 45.  Nays, 17.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   787, Assembly Print Number 2947, substituted 

16   earlier by Assemblymember Solages, an act to 

17   amend the General Municipal Law and the Public 

18   Authorities Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 7.  This 

22   act shall take effect on the first of January.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5728

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 787, those Senators voting in the 

 5   negative are Senators Akshar, Amedore, Griffo, 

 6   Jacobs, Jordan, O'Mara, Ortt, Ranzenhofer, 

 7   Ritchie, Serino and Seward.

 8                Ayes, 51.  Nays, 11.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   796, Senate Print 4907, by Senator Skoufis, an 

13   act to amend the General Municipal Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the 60th day after it 

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 796, those Senators voting in the 


                                                               5729

 1   negative are Senators Akshar, Amedore, Antonacci, 

 2   Flanagan, Funke, Gallivan, Griffo, Helming, 

 3   Jacobs, Jordan, Little, O'Mara, Ortt, 

 4   Ranzenhofer, Ritchie, Serino and Tedisco.

 5                Ayes, 45.  Nays, 17.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   802, Senate Print 5647B, by Senator Kaplan, an 

10   act authorizing BB/S Facilities Management 

11   Corporation to receive retroactive real property 

12   tax exempt status.

13                ACTING PRESIDENT BENJAMIN:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

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:   In relation to 

23   Calendar 802, those Senators voting in the 

24   negative are Senators Akshar, Antonacci and 

25   O'Mara.


                                                               5730

 1                Ayes, 59.  Nays, 3.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   819, Assembly Print Number 5767A, substituted 

 6   earlier by Assemblymember Pheffer Amato, an act 

 7   to amend the Environmental Conservation Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 2.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:    

16   Announce the results.

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT BENJAMIN:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   849, Assembly Print Number 6751, substituted 

22   earlier by Assemblymember Gunther, an act to 

23   amend the General City Law.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               5731

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   873, Senate Print 4403A, by Senator Savino, an 

13   act to amend the General Business Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

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

18   shall have become a law.

19                ACTING PRESIDENT BENJAMIN:   Call 

20   the roll.

21                (The Secretary called the roll.)

22                ACTING PRESIDENT BENJAMIN:    

23   Announce the results.

24                THE SECRETARY:   In relation to 

25   Calendar Number 873, those Senators voting in the 


                                                               5732

 1   negative are Senators Akshar, Ortt and O'Mara.

 2                Ayes, 59.  Nays, 3.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   884, Senate Print 5079A, by Senator Skoufis, an 

 7   act to amend the Real Property Actions and 

 8   Proceedings Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   In relation to 

19   Calendar Number 884, those Senators voting in the 

20   negative are Senators Akshar, Amedore, Gallivan, 

21   Helming, Flanagan, Jacobs, Jordan, Little, 

22   O'Mara, Ranzenhofer, Serino and Seward.  Also 

23   Senator Ortt.  Also Senator Griffo.  

24                Ayes, 48.  Nays, 14.

25                ACTING PRESIDENT BENJAMIN:   The 


                                                               5733

 1   bill is passed.

 2                THE SECRETARY:   Calendar Number 

 3   885, Senate Print 5357, by Senator Comrie, an act 

 4   to amend the Real Property Actions and 

 5   Proceedings Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect on the first of January.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   In relation 

16   to Calendar Number 885, those Senators voting in 

17   the negative are Senators Amedore, Antonacci, 

18   Flanagan, Funke, Gallivan, Griffo, Helming, 

19   Jacobs, Jordan, Little, O'Mara, Ortt, 

20   Ranzenhofer, Ritchie, Serino and Seward.  Also 

21   Senator Tedisco.

22                Ayes, 45.  Nays, 17.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 


                                                               5734

 1   903, Senate Print 5475, by Senator May, an act to 

 2   amend the Election Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 15th day of 

 7   December.

 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 Number 903, those Senators voting in the 

15   negative are Senators Griffo, O'Mara and Ortt.

16                Ayes, 59.  Nays, 3.

17                ACTING PRESIDENT BENJAMIN:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   910, Senate Print 6195, by Senator Parker, an act 

21   to amend the Energy Law, the Public Officers Law, 

22   and the Executive Law.

23                ACTING PRESIDENT BENJAMIN:   Read 

24   the last section.

25                THE SECRETARY:   Section 8.  This 


                                                               5735

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

 2   shall have become a law.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:   

 7   Announce the results.  

 8                THE SECRETARY:   Ayes, 62.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   929, Senate Print 128, by Senator Carlucci, an 

13   act to amend the Real Property Tax Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 2.  This 

17   act shall take effect on the first of January.

18                ACTING PRESIDENT BENJAMIN:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                ACTING PRESIDENT BENJAMIN:   Senator 

22   Carlucci to explain his vote.

23                SENATOR CARLUCCI:   Thank you, 

24   Mr. President.

25                In Rockland County we're extremely 


                                                               5736

 1   fortunate to have almost every police 

 2   jurisdiction be complemented by an auxiliary 

 3   police force.  And our auxiliary police officers 

 4   are volunteer, many giving thousands of hours of 

 5   volunteer service to complement our professional 

 6   police departments.  

 7                And in Rockland County, if you 

 8   attend any of the community events, like a 5K 

 9   race or the fireworks events that will be taking 

10   place on the 4th of July weekend, or a street 

11   fair, you often see our auxiliary police officers 

12   there to complement the police and keep our 

13   community safe.

14                This is an important piece of 

15   legislation because it will give a benefit to 

16   those auxiliary police officers, the same benefit 

17   that volunteer firefighters and volunteer 

18   ambulance corps members receive right now, which 

19   is an exemption on their property taxes.

20                It's a small exemption, but it's 

21   something that helps to keep our auxiliary police 

22   officers in their homes, continue to contribute 

23   to our community.  And it's one of the reasons, 

24   particularly in Rockland County, that it is such 

25   a great place to live, to raise a family.  It 


                                                               5737

 1   keeps our communities safe and allows us to have 

 2   so many great, vibrant community events.

 3                So I want to thank our auxiliary 

 4   police officers for the work that they do, and I 

 5   want to thank all my colleagues for supporting 

 6   this legislation.  

 7                Thank you.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Carlucci to be recorded in the affirmative.

10                Announce the results.

11                THE SECRETARY:   Ayes, 62.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   941, Senate Print 5425, by Senator Mayer, an act 

16   to amend the Local Finance Law.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


                                                               5738

 1                THE SECRETARY:   In relation to 

 2   Calendar Number 941, those Senators voting in the 

 3   negative are Senators Flanagan, Funke and 

 4   Ritchie.  

 5                Ayes, 59.  Nays, 3.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 

 9   943, Senate Print 5592, by Senator Kaminsky, an 

10   act to amend Chapter 269 of the Laws of 1979.

11                ACTING PRESIDENT BENJAMIN:   There 

12   is a home-rule message at the desk.

13                Read the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   Ayes, 62.

22                ACTING PRESIDENT BENJAMIN:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   957, Assembly Print Number 1971, substituted 


                                                               5739

 1   earlier by Assemblymember Zebrowski, an act to 

 2   amend the Alcoholic Beverage Control Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the 30th 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:   Ayes, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   963, Senate Print 3755, by Senator Mayer, an act 

18   to amend Chapter 507 of the Laws of 2016.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5740

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   In relation to 

 4   Calendar Number 963, those Senators voting in the 

 5   negative are Senators Brooks, Gaughran, Harckham, 

 6   Kaplan, Lanza, Martinez, Metzger, Skoufis and 

 7   Thomas.

 8                Ayes, 53.  Nays, 9.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   968, Senate Print 5639A, by Senator Breslin, an 

13   act to amend the Alcoholic Beverage Control Law.

14                ACTING PRESIDENT BENJAMIN:   Read 

15   the last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect immediately.

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:   Ayes, 62.

24                ACTING PRESIDENT BENJAMIN:   The 

25   bill is passed.


                                                               5741

 1                THE SECRETARY:   Calendar Number 

 2   969, Senate Print 5766, by Senator Gaughran, an 

 3   act to amend the Public Service 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, 62.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   973, Senate Print 5936A, by Senator Ranzenhofer, 

18   an act to amend the Public Officers Law and the 

19   Town Law.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5742

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1011, Senate Print 4577A, by Senator Martinez, an 

 9   act to amend the Agriculture and Markets Law.

10                ACTING PRESIDENT BENJAMIN:   Read 

11   the last section.

12                THE SECRETARY:   Section 2.  This 

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

14   shall have become a law.

15                ACTING PRESIDENT BENJAMIN:   Call 

16   the roll.

17                (The Secretary called the roll.)

18                ACTING PRESIDENT BENJAMIN:    

19   Announce the results.

20                THE SECRETARY:   In relation to 

21   Calendar 1011, those Senators voting in the 

22   negative are Senators Antonacci, Gallivan, 

23   Griffo, Jacobs, Jordan, O'Mara, Ortt, Ranzenhofer 

24   and Seward.

25                Ayes, 53.  Nays, 9.


                                                               5743

 1                ACTING PRESIDENT BENJAMIN:   The 

 2   bill is passed.

 3                THE SECRETARY:   Calendar Number 

 4   1014, Senate Print 4802, by Senator Martinez, an 

 5   act to amend the Agriculture and Markets Law.

 6                ACTING PRESIDENT BENJAMIN:   Read 

 7   the last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT BENJAMIN:   Call 

11   the roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT BENJAMIN:    

14   Announce the results.

15                THE SECRETARY:   Ayes, 62.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   1041, Senate Print 5773, by Senator Stavisky, an 

20   act to amend the Education Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


                                                               5744

 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   In relation to 

 6   Calendar Number 1041, those Senators voting in 

 7   the negative are Senators Flanagan and Gallivan.  

 8                Ayes, 60.  Nays, 2.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   1058, Senate Print 5769, by Senator Metzger, an 

13   act relating to payments in lieu of taxes paid to 

14   Minisink Valley Central School District.

15                SENATOR GIANARIS:   Lay it aside for 

16   the day.

17                ACTING PRESIDENT BENJAMIN:   Lay it 

18   aside for the day.

19                THE SECRETARY:   Calendar Number 

20   1065, Senate Print 4759A, by Senator Kaminsky, an 

21   act to amend the Civil Practice Law and Rules.

22                ACTING PRESIDENT BENJAMIN:   Read 

23   the last section.

24                THE SECRETARY:   Section 4.  This 

25   act shall take effect on the first of November.


                                                               5745

 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 1065, those Senators voting in 

 8   the negative are Senators Flanagan, Gallivan, 

 9   Griffo, Helming, Jacobs, Jordan, O'Mara, Ortt, 

10   Ranzenhofer, Seward and Tedisco.

11                Ayes, 51.  Nays, 11.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   1067, Assembly Bill Number 4766B, substituted 

16   earlier by Assemblymember Buchwald, an act to 

17   amend the Lien Law.  

18                ACTING PRESIDENT BENJAMIN:   Read 

19   the last section.

20                THE SECRETARY:   Section 2.  This 

21   act shall take effect immediately.

22                ACTING PRESIDENT BENJAMIN:   Call 

23   the roll.

24                (The Secretary called the roll.)

25                ACTING PRESIDENT BENJAMIN:    


                                                               5746

 1   Announce the results.

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 

 6   1107, Senate Print 5485A, by Senator Rivera, an 

 7   act to amend the Public Health Law and the 

 8   Social Services Law.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 4.  This 

12   act shall take effect on the 180th 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:   Ayes, 62.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   1210, Senate Print 726A, by Senator Montgomery, 

24   an act to amend the Alcoholic Beverage Control 

25   Law.


                                                               5747

 1                ACTING PRESIDENT BENJAMIN:   Read 

 2   the last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 1210, those Senators voting in 

12   the negative are Senators Griffo and Jacobs.  

13                Ayes, 60.  Nays, 2.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1213, Senate Print 4216B, by Senator 

18   Stewart-Cousins, an act to amend Chapter 383 of 

19   the Laws of 1945.

20                ACTING PRESIDENT BENJAMIN:   Read 

21   the last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect immediately.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


                                                               5748

 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   Ayes, 62.

 5                ACTING PRESIDENT BENJAMIN:   The 

 6   bill is passed.

 7                THE SECRETARY:   Calendar Number 

 8   1214, Assembly Print Number 6694, substituted 

 9   earlier by Assemblymember Pretlow, an act to 

10   amend the Tax Law and Chapter 535 of the Laws of 

11   1987.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 1214, those Senators voting in 

23   the negative are Senators Brooks, Gaughran, 

24   Harckham, Kaplan, Lanza, Martinez, Metzger, 

25   Skoufis and Thomas.  


                                                               5749

 1                Ayes, 53.  Nays, 9.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   1216, Senate Print 5210, by Senator Metzger, an 

 6   act to authorize Susan Gillinder, the widow of 

 7   Robert C. Ritchie, to file a new service 

 8   retirement application.

 9                ACTING PRESIDENT BENJAMIN:   Read 

10   the last section.

11                THE SECRETARY:   Section 3.  This 

12   act shall take effect immediately.  

13                ACTING PRESIDENT BENJAMIN:   Call 

14   the roll.

15                (The Secretary called the roll.)

16                ACTING PRESIDENT BENJAMIN:    

17   Announce the results.

18                THE SECRETARY:   Ayes, 62.

19                ACTING PRESIDENT BENJAMIN:   The 

20   bill is passed.

21                THE SECRETARY:   Calendar Number 

22   1265, Senate Print 6268, by Senator Jordan, an 

23   act to amend Chapter 465 of the Laws of 2016.

24                ACTING PRESIDENT BENJAMIN:   Read 

25   the last section.


                                                               5750

 1                THE SECRETARY:   Section 2.  This 

 2   act shall take effect immediately.

 3                ACTING PRESIDENT BENJAMIN:   Call 

 4   the roll.

 5                (The Secretary called the roll.)

 6                ACTING PRESIDENT BENJAMIN:    

 7   Announce the results.

 8                THE SECRETARY:   In relation to 

 9   Calendar Number 1265, those Senators voting in 

10   the negative are Senators Brooks, Gaughran, 

11   Harckham, Kaplan, Lanza, Martinez, Metzger, 

12   Skoufis and Thomas.

13                Ayes, 53.  Nays, 9.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   1339, Senate Print 3658B, by Senator Seward, an 

18   act to amend the Highway Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 3.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT BENJAMIN:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               5751

 1                ACTING PRESIDENT BENJAMIN:    

 2   Announce the results.

 3                THE SECRETARY:   Ayes, 62.

 4                ACTING PRESIDENT BENJAMIN:   The 

 5   bill is passed.

 6                Senator Gianaris, that completes the 

 7   reading of today's calendar.

 8                SENATOR GIANARIS:   Mr. President, 

 9   can you recognize Senator Griffo for some 

10   motions.  

11                ACTING PRESIDENT BENJAMIN:   Senator 

12   Griffo.

13                SENATOR GRIFFO:   Thank you, 

14   Mr. President.

15                On behalf of Senator Gallivan, I 

16   would move that Senate Print 1334 be discharged 

17   from its respective committee and then be 

18   recommitted with instructions to strike the 

19   enacting clause.

20                ACTING PRESIDENT BENJAMIN:   It is 

21   so ordered.

22                SENATOR GRIFFO:   Likewise, on 

23   behalf of Senator LaValle, for Senate Bill 3712, 

24   I move that the bill be discharged from its 

25   respective committee and be recommitted with 


                                                               5752

 1   instructions to strike the enacting clause.

 2                ACTING PRESIDENT BENJAMIN:   It is 

 3   so ordered.

 4                SENATOR GRIFFO:   And, 

 5   Mr. President, on behalf of Senator Flanagan, I 

 6   move that the following bills -- Senate Bill 881, 

 7   Senate Bill 911, and Senate Bill 913 -- be 

 8   discharged from their respective committees and 

 9   be recommitted with instructions to strike the 

10   enacting clauses.

11                ACTING PRESIDENT BENJAMIN:   It is 

12   so ordered.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Okay, my turn, 

15   Mr. President.

16                On behalf of Senator Gaughran, I 

17   wish to call up Calendar Number 803, Assembly 

18   Print Number 4752B.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Calendar Number 

22   803, Senate Print 5674, by Senator Gaughran, an 

23   act to amend the Real Property Tax Law.

24                SENATOR GIANARIS:   I move to 

25   reconsider the vote by which this Assembly bill 


                                                               5753

 1   was substituted for the Senate bill, Senate Print 

 2   5674, on June 11th.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   Secretary will call the roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 62.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is restored to its place on the Third 

 9   Reading Calendar.

10                SENATOR GIANARIS:   I move that 

11   Assembly Bill 4752B be recommitted to the 

12   Committee on Local Government, and that the 

13   Senate bill be restored to the order of the 

14   Third Reading Calendar.  

15                ACTING PRESIDENT BENJAMIN:   The 

16   bill is restored to its place on the Third 

17   Reading Calendar.

18                SENATOR GIANARIS:   I offer the 

19   following amendments.

20                ACTING PRESIDENT BENJAMIN:   The 

21   amendments are received.

22                Senator Gianaris.

23                SENATOR GIANARIS:   I've got more 

24   motions, Mr. President.  Thank you.  

25                I wish to call up the following 


                                                               5754

 1   bills, recalled from the Assembly, which are now 

 2   at the desk:  

 3                Senate Print 2978, by Senator 

 4   Gaughran; 

 5                Senate Print 4019, by Senator 

 6   Thomas; and

 7                Senate Print 5935, by Senator 

 8   Harckham.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   151, Senate Print 2978, by Senator Gaughran, an 

13   act to amend the Vehicle and Traffic Law.

14                Calendar Number 689, Senate Print 

15   4019, by Senator Thomas, an act to amend the 

16   General Business Law and the Personal Property 

17   Law.  

18                Calendar Number 1170, Senate Print 

19   5935, by Senator Harckham, an act to amend the 

20   Social Services Law and the Public Health Law.

21                SENATOR GIANARIS:   I move to 

22   reconsider the votes by which these bills were 

23   passed.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will call the roll on reconsideration.


                                                               5755

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bills are restored to their place on the Third 

 5   Reading Calendar.

 6                SENATOR GIANARIS:   I offer the 

 7   following amendments.

 8                ACTING PRESIDENT BENJAMIN:   The 

 9   amendments are received.

10                SENATOR GIANARIS:   Okay.  

11   Amendments are offered to the following Third 

12   Reading Calendar bills:  

13                Senator Savino, page 19, Calendar 

14   Number 583, Senate Print 3229; 

15                Senator Kaplan, page 23, Calendar 

16   Number 658, Senate Print 5481; 

17                Senator Martinez, page 41, Calendar 

18   Number 1088, Senate Print 6190A; 

19                Senator Kaminsky, page 44, Calendar 

20   Number 1259, Senate Print 5739; 

21                Senator Biaggi, page 22, Calendar 

22   Number 641, Senate Print 5248A;

23                Senator Breslin, page 34, Calendar 

24   Number 914, Senate Print 6111; 

25                Senator Benjamin, page 37, Calendar 


                                                               5756

 1   Number 971, Senate Print 5802; 

 2                Senator Comrie, page 41, Calendar 

 3   Number 1093, Senate Print 2407B; 

 4                Senator Stavisky, page 30, Calendar 

 5   Number 834, Senate Print 2655A; 

 6                Senator Thomas, page 18, Calendar 

 7   Number 549, Senate Print 4020; 

 8                And Senator Kennedy, page 41, 

 9   Calendar Number 1076, Senate Print 4580A.

10                ACTING PRESIDENT BENJAMIN:   The 

11   amendments are received, and the bills shall 

12   retain their place on the Third Reading Calendar.

13                SENATOR GIANARIS:   On behalf of 

14   Senator Parker, I wish to call up Senate Print 

15   6195, which is now at the desk.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 

19   910, Senate Print 6195, by Senator Parker, an act 

20   to amend the Energy Law.

21                SENATOR GIANARIS:   I move to 

22   reconsider the vote by which this bill was 

23   passed.

24                ACTING PRESIDENT BENJAMIN:   The 

25   Secretary will call the roll on reconsideration.


                                                               5757

 1                (The Secretary called the roll.)

 2                THE SECRETARY:   Ayes, 62.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is restored to its place on the Third 

 5   Reading Calendar.

 6                SENATOR GIANARIS:   At this point, 

 7   Mr. President, our legislative work for the day 

 8   is concluded, so I don't need to hold the members 

 9   here.  But the Senate will stand at ease, as we 

10   anticipate additional motions before the desk to 

11   come up this evening.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Senate will stand at ease.

14                (Whereupon, the Senate stood at ease 

15   at 4:50 p.m.)

16                (Whereupon, the Senate reconvened at 

17   10:19 p.m.)

18                ACTING PRESIDENT BENJAMIN:   The 

19   Senate will return to order.

20                Senator Kavanagh.

21                SENATOR KAVANAGH:   Mr. President, 

22   may we return to motions and resolutions.

23                ACTING PRESIDENT BENJAMIN:   Motions 

24   and resolutions.

25                Senator Kavanagh.


                                                               5758

 1                SENATOR KAVANAGH:   Mr. President, 

 2   by unanimous consent, I wish to call up the 

 3   following bills, which were recalled from the 

 4   Assembly and are now at the desk:  

 5                Senate Bill Number 4089; 

 6                Senate Bill Number 2161; 

 7                Senate Bill Number 4080B; 

 8                Senate Bill Number 4197A; 

 9                Senate Bill Number 6239; 

10                Senate Bill Number 5554A; 

11                And Senate Bill Number 183A.

12                ACTING PRESIDENT BENJAMIN:   The 

13   Secretary will read.

14                THE SECRETARY:   Calendar Number 

15   254, Senate Print 4089, by Senator Thomas, an act 

16   to amend the Vehicle and Traffic Law and the 

17   Public Officers Law.

18                Calendar Number 600, Senate Print 

19   2161, by Senator Bailey, an act to amend the 

20   Correction Law.

21                Calendar Number 728, Senate Print 

22   4080B, by Senator Savino, an act to amend the 

23   Labor Law and the State Finance Law.

24                Calendar Number 793, Senate Print 

25   4197A, by Senator Jackson, an act to amend the 


                                                               5759

 1   Local Finance Law.

 2                Calendar Number 1207, Senate Print 

 3   6239, by Senator Savino, an act to amend the 

 4   Executive Law.

 5                Calendar Number 1345, Senate Print 

 6   5554A, by Senator Liu, an act to amend the 

 7   Real Property Tax Law.

 8                Calendar Number 1280, Senate Print 

 9   183A, by Senator Serrano, an act to amend the 

10   Parks, Recreation and Historic Preservation Law.

11                SENATOR KAVANAGH:   Mr. President, I 

12   move to reconsider the vote by which these bills 

13   were passed.

14                ACTING PRESIDENT BENJAMIN:   The 

15   Secretary will call the roll on reconsideration.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 62.

18                ACTING PRESIDENT BENJAMIN:   These 

19   bills are restored to their place on the 

20   Third Reading Calendar.

21                SENATOR KAVANAGH:   Mr. President, I 

22   offer the following amendments to the 

23   aforementioned bills.

24                ACTING PRESIDENT BENJAMIN:   The 

25   amendments are accepted and received.


                                                               5760

 1                SENATOR KAVANAGH:   Is there any 

 2   further business at the desk?

 3                ACTING PRESIDENT BENJAMIN:   There 

 4   is no further business at the desk.

 5                SENATOR KAVANAGH:   Then, 

 6   Mr. President, I move we adjourn until Monday, 

 7   June 17th, at 1:00 p.m., intervening days being 

 8   legislative days.

 9                ACTING PRESIDENT BENJAMIN:   On 

10   motion, the Senate stands adjourned until Monday, 

11   June 17th, at 1:00 p.m., intervening days being 

12   legislative days.

13                (Whereupon, at 10:22 p.m., the 

14   Senate adjourned.)

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