Proposing Major Reform of Rent Board System for Rent-Regulated Apartments

State Assemblymember George Latimer and I are introducing the “Rent Board Reform Bill,” to revamp the method of establishing rent adjustments for rent-stabilized and rent-controlled apartments in New York City and suburban counties. On April 30, I presented testimony at the New York City Rent Guidelines Board in which I outlined key features of the legislation, which will make the system more evenhanded and ensure its decisions are based on accurate and relevant information.

Seeking Reinstatement of the NYC Commuter Tax

On Tax Day, April 15, Assembly Member Linda Rosenthal and I announced the introduction of legislation to restore the New York City commuter tax. It has been nine years since the tax was repealed and over that time, New York City has lost out on billions of dollars in revenue that once helped pay for the basic services that commuters use every day in our City. The time has come to reverse this tragic mistake, which was itself a failed backroom political deal, and bring New York City back into line with other cities that collect a fair commuter tax.

Testifying on the Rise in HIV/AIDS Among Young Men of Color in New York City

On May 1, I submitted testimony before the New York City Council Committee on Health’s Oversight Hearing on the rise in HIV/AIDS among young men of color who have sex with men. My testimony highlighted the innovative work that community-based organizations are doing around the city, while pointing out that increased equality in access to health care and explicit sex education for all young people are essential if we are to turn back this terrible trend.

Urging Action After PCBs Found at P.S. 199 and Other Schools

I was dismayed to learn that polychlorinated biphenyls (PCBs) were detected at a number of schools throughout our City, including P.S. 199, located at 270 West 70 Street, where PCBs were found in the cafeteria’s air and a soil sample from outside the building following a recent window replacement project. I have had numerous communications with the New York City Department of Health and Mental Hygiene, the New York City Department of Education, and the School Construction Authority, expressing my concerns and exhorting them to take steps to mitigate the current situation and to safeguard against future exposure.

Holding a June 10 Forum in Albany on the Dignity for All Students Act

On Tuesday, June 10, 2008, from noon to 3:00pm, I will be holding a public forum at the Legislative Office Building in Albany to discuss the need for passage of the Dignity for All Students Act (S.1571/A.3496). This bill, which I sponsor with Assemblymember Daniel O’Donnell, would serve to protect children in public schools throughout New York State from harassment, bullying and discrimination based on real or perceived race, ethnicity, national origin, religion, sex, sexual orientation or mental or physical disability.

 

April 2008 Community Report

For updates on: New York State’s Fiscal Year 2008-9 budget…the demise of congestion pricing…supporting the extension of benefits to auxiliary police officers' families...raising concerns at Landmarks Commission about St. Vincent's Hospital’s redevelopment plan...and more

Tom Duane in the News

In the past several weeks, I have been in the news regarding overcrowding in lower Manhattan schools…reforming the Rent Guidelines Board…saving small businesses…passing marriage equality legislation…and more.

Watch "Tom Duane in the Neighborhood" on MNN May 23 and 27

Be sure to tune into my television show, “Tom Duane in the Neighborhood” on the Manhattan Neighborhood Network (Time Warner Cable channel 34 or RCN channel 82). My next episode, featuring a conversation with Manhattan Borough President Scott Stringer, will air on Friday, May 23 at noon and again on Tuesday, May 27 at 7:30pm.

 

March 2005

Dear Friend,

The last couple of months have been tremendously exciting. Together, we have accomplished much!

The passage of landmark legislation regulating Con Edison is an important first step in our efforts to ensure our public safety from stray voltage; the fight to preserve affordable housing continues strong; the work to preserve our historic landmarks and maintain our community facilities remains on track; and the importance of persevering and winning the battle for our civil rights and due process under the law is clear from the actions taken by the New York Police Department last summer.

As the CFY 2006 budget process begins, you can rest assured that I will continue my hard work in supporting our arts, schools, libraries, parks, seniors, youth, and vital community based organizations. As Manhattan Budget Negotiator, I will remain steadfast and make hard choices to preserve our quality of life.

Sincerely,

Margarita López

Legislative Update

Passing Landmark Legislation Regulating Con Edison
Over the last year we won the fight to pass the first legislation that extensively regulates Consolidated Edison. The bill mandates Con Edison use non-conductive materials to insulate equipment to better protect the public's safety from stray voltage. It also requires the establishment of written guidelines and procedures for annual inspections of its extensive equipment and ensures Con Edison claim responsibility for any and all work completed by its contractors and subcontractors. It also requires the Department of Transportation to conduct 250 random tests of electrical-related infrastructure. Lastly, Con Edison will provide annual written reports to the Council, the Department of Transportation and the Public Service Commission containing inspections, tests and repairs mandated to by November 30 of each year.

Fighting For Equal Access to Transportation for People with Disabilities


We are in the final stages of passing two pieces of legislation that will address the transportation needs of the disabled community. Intro. 84 will mandate that the newly issued taxicab licenses be for cars that are wheelchair accessible and that all taxicab service become wheelchair accessible over the coming years. Intro. 398 is the second piece of legislation affecting transportation and the disabled community, it will require that ferry services in the City of New York become 100% accessible through specifications established by the Americans with Disabilities Act.

Confronting the Hardships of Domestic Violence
While statistics on other crimes have trended down, violence against women and children continues to rise. Currently, we are moving forward a historic package of legislation that will address this crisis. Intro. 199, Intro. 266, Intro. 476, and Reso. 592 include provisions ensuring couples are educated on domestic violence upon obtaining a marriage license, changes current law which penalizes victims who report abuse, increases domestic violence program resources, and educates children in grades 7-12 on domestic violence and sexual abuse, respectively. This work comes after successful efforts in allocating $1.2 million in City funds for mental health services for children under five, some of which will be used to provide services to children who have witnessed and/or have been victims of domestic violence.

Strengthening the Civilian Complaint Review Board (CCRB) Against Incursion of our Due Process of the Law Statutes
Intro. 488-A, would amend the charter of the City of New York in relation to the oversight jurisdiction of the CCRB. If passed, the CCRB will be authorized to receive, investigate, hear, make findings, and recommend action upon complaints by members of the public regarding the policies and procedures of the police department including, but not limited to: the unsanitary conditions at police managed facilities, the failure of the police to address medical or other health related needs of arrestees, and inappropriately excessive detention periods.

HOUSING

Preserving Affordable Units in Phipps Plaza

Fighting together we were able to assist 640 households in Phipps Plaza West to receive Section 8 enhanced vouchers from the Department of Housing Preservation and Development. We were also instrumental in having Phipps Plaza West offer a program of graduated rent increases for the tenants who did not qualify for the Section 8 enhanced vouchers. We also continue to support tenants who did not quality for sticky vouchers or graduated rent increases, since they should not be hit with exorbitant rent increases. As such, on September 8, 2004, we stood with these tenants before Justice Sherry Klein-Heitler of the Civil Court to fight for their rights.

Improving Security and Quality of Life in Public Housing

Last summer, my office issued a letter which was co-signed by State Senator Martin Connor and Assemblyman Steven Sanders urging Police Commissioner Kelly to examine and address various security and quality of life issues in local NYCHA developments. In response to our inquiry, NYCHA and I met with the managers of area developments to explore issues of concern to residents and to create of an action plan. As a result, PSA 4's Crime Prevention office conducted a survey and inspected all the district's housing developments. The NYPD reports that crime has been reduced by 16.5%; there have been 7,000 vertical patrols, over 700 arrests, and 700 quality of life summonses at the developments.

TRANSPORTATION

Calling Upon the State and MTA to Enforce Two Personnel per Train

I am deeply concerned about the Metropolitan Transportation Agency's plan to roll out computer-operated trains and the use of the L-Line as a testing ground. Our city and transit system must maintain both motormen and conductors as a line of first-defense against potential problems and dangers in the underground transit system. This is not the time to experiment with the public safety. Our straphangers keep bearing the pain of increased fares and a reduction of services. Moreover, given the fact that a large number of people with disabilities live along the L-Line, this move poses serious potential safety issues and hazards. That is the reason why I have urged the M.T.A. to reconsider its decision, and open two exits per station on the L-Line.

Challenging the City Over Inadequate Planning for the Disabled
During the private bus strike which left commuters stranded in Brooklyn and Queens, the City made no contingency plans to ensure disabled people could get to work or their appointments. At a press conference we held, Mayor Bloomberg stood in, listened, and immediately heeded the call to action. It is hoped that this realization will lead to passage of our legislation to accomplish transportation accessibility for all.

Making Our Roads by P.S. 34 Safer For Children
The Department of Transportation, in response to requests from my office has made the area around PS/MS 34-- the Franklin Delano Roosevelt School safer by placing both crosswalks and stop signs in designated areas.

Employment and Economic Development

Stemming the Tide of Structural Unemployment
Studies show that the City's employment to population ratio in 2003 was 57.1 percent for African-American women; 47.7 percent for Latinas; 51.8 percent for Black men; and 65.7 percent for Latinos. As Manhattan Budget Negotiator, I raised my voice with fellow colleagues and demanded funding for job training programs and job creation. Consequently, we were successful in earmarking $10 million toward a Work Development Initiative that will address this serious problem. It is not acceptable that we continue to hear reports of economic recovery, yet many cannot find decent jobs after exhausting all resources. This program will be a win-win for the people and our City's economy.

H.P.D. to Begin Closing on the Sale of City-Owned Buildings to the Fourth Arts Block (FAB) for $1.00
The East Fourth Street Cultural District is the first to be designated as such by either the City Planning Commission or the Council's Land Use Committee. The East Fourth Street Cultural District will consist of theater spaces, print shops, dance companies, screening facilities, rehearsal spaces, costume construction and film workshops. The Dept. of Housing Preservation and Development will sell six buildings and one City lot to arts and non-profit groups for $1.00.

For the first time, two Latino theatres and an African-American Dance Company will be proud owners of their facilities. All the cultural and non-profit groups that make up the district will benefit by having the ability to: 1) rent space and diversify their income sources; 2) expand operations and programming to serve over 100,000 people per year; 3) work collectively as the Fourth Arts Block to apply for larger grants; and 4) reap positive economic benefits for the Lower East Side and City as a whole.

HEALTH

GHMC Women's Institute Unveiled; Will Focus on Women's Health Initiative

Following on my success of allocating $5 million in direct City funding for HIV/AIDS programs for people of color---the fastest segment of the population being infected with the HIV/AIDS virus-GMHC, the nation's oldest AIDS service and advocacy organization, announced the formation of a new Women's Institute to focus increased attention on women living with and affected by HIV/AIDS. Dr. Marjorie Hill, former Assistant Commissioner for HIV/AIDS at the New York City Department of Health, will direct the Women's Institute.

Community Corner

East Village Named 2nd Best Place to Live in North America
I am extremely happy to report that the Project for Public Space, a 30-year old New York-based not-for-profit dedicated to sustaining civic areas and improving communities around the world, rated the East Village as the 2nd best neighborhood to live in North America after Granville Island in Vancouver, Canada. The team charged with the task indicated, "The East Village has so many things to do, people to watch, places to see - it's a hotbed of activities, and it's welcoming at the same time." They noted, "A handful of East Village merchants and residents interviewed couldn't stop extolling their neighborhood. Nearly all of them said it is "the best place to live" because there is a sense of community - everyone knows everyone else - and it has a friendly, cozy atmosphere."

Lower Eastside Service Center (LESC) Presents its 2004 Lifetime Achievement Award

I am honored to have received the LESC Lifetime Achievement Award in 2004, for my contributions in transforming the lives of New Yorkers with critical life problems, especially those with chemical dependency and mental illness. Mr. Alan Mathis, CFO of LESC stated, "Margarita Lopez richly deserves this prestigious award for having helped develop low-income housing units and over 400 units for the homeless and mentally ill."

September 2002

A Dozen Years and Dozens of Accomplishments

It has been an honor to represent the 66th Assembly district for the last 12 years and to be the first openly gay or lesbian New York State Assemblymember. As I run for a seventh term and reflect on a dozen years and dozens of accomplishments, I am particularly gratified that this past year the Assembly took the lead to again ensure that women's health was a priority. This year, an agreement was reached by both the Assembly and the Senate to expand access to critical healthcare services for many women in New York State.

The Women’s Health and Wellness Act is a giant step forward in providing all women in New York State with access to time-sensitive screenings, such as mammography, cervical bone screenings, bone density testing and contraceptive drugs and devises. This legislation also limits the financial barriers some women face in access to these tests. I will build on this success and continue to work to promote a universal single payer health care system.

I pleased that the Board of Education made a commitment to increase the financial contribution to the Harvey Milk School/Hetrick-Martin Institute. I look forward to working with Chancellor Joel Klein to insure that LGBT students, faculty and staff are treated equally and protected from discrimination and harassment. Thank you all for your support in the past and I look forward to continuing our work together in the future.

April 2005

City Hall Update

Dear Friend,

Below you will find a press release from the Citizen’s Committee on Children on a recent report they released. Additionally I have listed some NYC events that may interest you. I hope you find this interesting and helpful.

Thanks for your continued support.

Sincerely,

Christine C. Quinn


Contents

In The News
NYC Events


In The News

Press Release from the Citizens Commitee for Children of New York (click to download pdf)

Comprehensive Report on Status of Children Shows Targeted Programs Improve Well-Being For Many, But Progress Lags in At-Risk Communities

"As the Comprehensive Report on Status of Children shows that year after year, too many children in communities throughout this city go hungry, are failing in school or have nothing to do after school," said NYC Council member Quinn. "This report also tells us that when we come together to improve children's lives and prioritize city spending to address their problems, we are successful. Just look at the relationship between increased spending on efforts to reduce infant mortality and the lowered rates of infant deaths in our city."

NYC Events

Thursday, April 14, 9:00-11:00, Proposal Writing Workshop Hosted by the Office of State Senator David Patterson. For more information contact Seny Taveras or Shammeik Barat at 212-222-7315.

Friday, April 15, 2:00-5:00PM, The New Lead Paint Law, Sponsored by City-Wide Task Force on Housing Court Inc. 2005 Annual Training Series for Housing Advocates presented by Matt Chachere of the Northern Manhattan Improvement Corporation. Location: LSNY-Legal Support Office at 350 Broadway, 6th Floor Conference Room. Please RSVP to City-Wide Task Force on Housing Court, 212-962-4266.

Saturday, April 16, 9:30AM-4:00PM, 2005 MS Walk: Staten Island. Participants have a choice of a 2.5- (fully-accessible), 7.5- or 12.5-mile route. People can participate in the MS Walk individually or as a team. Anyone participating in the MS Walk must raise at least $50 and are eligible for great prizes. Volunteers and marshals are also needed! Location: Historic Richmond Town, Staten Island. For more information, visit www.msnyc.org, call (212) 463-9791 or email mswalk@msnyc.org.

Sunday, April 17, 1:00-4:00PM, Autism Awareness Day at Shea Stadium. The Third Annual Autism Awareness Day at Shea Stadium, hosted by the New York Mets, is designed to provide an enjoyable "day out" for families and supporters of people with autism while raising awareness of the growing epidemic of this disorder. Ticket prices range from $2.00 for upper level seats to $34.00 for mezzanine seats. Tickets to a special picnic area are also available for $20.00 and there is a VIP reception with a brunch and an opportunity to meet Mr. Met and celebrities. Participants are asked to wear orange to show their support for more resources to address the educational and medical needs of people with autism. For more information contact Bennett Shapiro at Quality Services for the Autism Community (QSAC)at 718-728-8476 ext. 1020, email bshapiro@qsac.com or visit QSAC's website at www.qsac.com.

Sunday, April 17, 9:30AM-4:00PM, 2005 MS Walk: Manhattan. Participants have a choice of a 2.5- (fully-accessible), 7.5- or 12.5-mile route. People can participate in the MS Walk individually or as a team. Anyone participating in the MS Walk must raise at least $50 and are eligible for great prizes. Volunteers and marshals are also needed! Location: South Street Seaport, Manhattan. For more information, visit www.msnyc.org, call (212) 463-9791 or email mswalk@msnyc.org.

For more information about these events please contact Carin Mirowitz at 212-564-7757 x101.

District Office Address:
224 West 30th St (Suite 1206)
New York, New York, 10001
District Office Phone No.: (212) 564-7757
Fax Phone No.: (212) 564-7347

March 2005

NEWS FROM STATE SENATOR LIZ KRUEGER
New York State Senate, 26th District

COMMUNITY BULLETIN - March 2005

Message from Liz . . .

Last Month, my fight for real reform of the legislative process continued, as I joined Republican Assemblymember Tom Kirwan and the Urban Justice Center in filing a lawsuit against the “Three Men in A Room.” We are suing to change a variety of legislative practices that serve to undermine democratic procedures and limit deliberation regarding the issues impacting our State. In November, we had informed the Governor and legislative leaders that we intended to sue if real reforms were not adopted. As I have discussed in earlier newsletters, while both the Assembly and Senate adopted some reforms, neither house has addressed basic issues such as the unequal distribution of resources for minority and majority legislators, or the abuse of the “message of necessity” process that allows legislation to be passed without time for public review. Since so much of the reform agenda has not been addressed, we are proceeding with our lawsuit as promised.

The complaint incorporates the recent report of the Brennan Center for Justice at New York University School of Law, entitled The New York State Legislative Process: An Evaluation and Blueprint for Reform. In particular, the complaint identifies numerous rules and practices of the Legislature and Governor that illegally discriminate against legislators belonging to the minority party of each house in violation of the United States Constitution, the New York State Constitution, and the laws of New York. We are represented in our suit pro bono by Cleary Gottlieb Steen & Hamilton LLP and its partner and former Counsel to Governor Mario M. Cuomo, Evan A. Davis, as well as the Urban Justice Center and its Director Douglas Lasdon.

Among the practices challenged in the complaint are the following:

Unequal funding of member support: Minority party legislators receive less funding than members of the majority party with equal responsibility for constituent communication and other necessary expenses.

Unequal member items: Minority party members also receive less funding for “member items,” which are funds for legislator-initiated projects in their districts made available in violation of the constitutional appropriation requirement.

Placing insurmountable obstacles to discharge motions: Minority party legislators are effectively prevented from bringing bills to a vote before the full house because majority leaders control when and whether bills are reported out of committee, even when they have a reasonable prospect of success.

Secret debates and votes: Members of the majority party meet in secret conferences to debate and vote upon pending legislation.

Abuse of messages of necessity: Although the Governor frequently invokes messages of necessity to pass legislation, thereby avoiding the State Constitution’s requirement that all bills be on the desks of all legislators at least three days before the vote, he does not personally sign the messages of necessity or certify facts requiring an immediate vote as required by the Constitution.

Leadership control over member pay: The leaders of each house of the Legislature control whether members receive additional compensation, commonly known as “Lulus,” and they punish members who fail to follow their direction by reducing or eliminating altogether these stipends; this makes it nearly impossible for a member of the minority party to solicit the support of members of the majority party.
I had hoped that my colleagues would recognize the need to respond to the public outcry over the way we do business in Albany. Unfortunately that has not been the case, and while there have been some minimal reforms, proposals that would fundamentally challenge the antidemocratic procedures of the State Legislature have been blocked. I therefore reluctantly turn to the courts and ask for their assistance in ensuring that all New Yorkers receive the equal protection and representation they are entitled to under the State Constitution.

Community Spotlight

 

Opposing Proposed Changes to the North Plaza of Union Square Park:

The Parks Department has proposed redesigning the northern section of Union Square Park. I wrote a letter to Commissioner Benepe addressing all of my concerns about the proposal. My main concern about the proposed redesign relates to the future of freedom of speech in New York City. The northern end of Union Square Park has been a historic site for important rallies and gatherings over the last hundred years. The proposal indicates that a line of trees will be situated in this section, thus dividing the open space. We should not discard this precious resource without sufficient public review. While I also have concerns about the usage of public space for private enterprise, I believe that this issue has been addressed by many others. Suffice it to say, it is critical that private businesses using park space do not impinge on public usage, with fully inclusive and open access for all. Finally, I am concerned about the possibility of losing playground space in the park. I therefore stand united in opposition with my colleagues in government on the Federal, State and City levels, as well as numerous community organizations in opposing this plan. I urge the Parks Department to reconsider several aspects of their proposal and to allow for a Request for Proposal (RFP) to give more time for public review.

Free Tax Help for Seniors:

Eviction Intervention Services (EIS) is offering a free tax clinic for seniors every Tuesday through April 12, 2005, from 10:00 Am to 1:30 PM. The clinic is located at the EIS office at 150 East 62nd Street, between Lexington and 3rd Avenues (ground floor of the Lexington United Methodist Church). Walk-ins are welcome. For more information, contact Wendy Wilkins at 212-308-2210 ext. 207, or email eisny@aol.com.

Help Evaluate Nursing Home Survey and Complaint Systems:

The Long Term Care Community Coalition (LTCCC) has been awarded a grant by the New york Community Trust to examine the effectiveness of the New York State Department of Health’s nursing home surveillance system. In addition to analyzing data from the deferral government, LTCCC will be gathering information from consumers who have recent experience with the State’s survey or complaint system. If you have had experiences with the Department of Health in nursing homes, and would like to be involved in this project, please contact LTCCC. They can be reached by phone at 212-385-0355; by mail at 242 West 30th Street, suite 306, New York NY 10001; or by e-mail at barbara.nhcc@verizon.net. You can also download the questionnaire from the LTCCC website at http://www.ltccc.org/. All responses are confidential. LTCCC is a statewide coalition of consumers, professionals and civic groups working for over 20 years to keep nursing home residents safe.

Yorkville Common Pantry Seeks Donations of Food and Clothing:

The Yorkville Common Pantry needs donations of non-perishable foods (ie. dry milk, beans, peanut butter, tuna, cereal) and new/gently used warm winter wear (gloves, hats, scarves, coats & sweaters). To schedule a pick-up, discuss how to organize a food or warm winter wear drive in your place of business or residence, or to find out more about the Pantry, please call 212-410-2264 ext. 110 or visit our website at www.ycp.org

New York City Volunteer Opportunity Database:

New York City offers a database of volunteer opportunities that allows you to search for opportunities by area of interest and/or location. The database currently contains over 500 volunteer opportunities offered by more than 400 organizations. To search the database, go to http://www.volunteernyc.org/volunteer/ on the web.

LEGAL BOUND Summer Junior High and High School Intern Program:

The Manhattan District Attorney’s office is accepting applications for its Legal Bound Summer Internship Program. Students between the ages of 14 and 17 (or 18 if still in high school) with an interest in the law are encouraged to apply. Applicants should send a resume and an essay explaining their interest in the law to Community Affairs Unit, New York County District Attorneys Office, Attn: Ms. Carol Ragsdale, One Hogan Place, Room 824, New York NY 10013. Applications must be postmarked no later than April 29, 2005. For further information, call the District Attorney’s Office at (212) 335-9082.

New York Recycles Poster Contest:

The Fourth Annual New York Recycles! Poster Contest is open to public and private school children and youth organizations, and offers an opportunity to showcase their artistic talent and their commitment to the environment. This poster contest will helps to achieve the goal of higher excellence in recycling, composting, and buying recycled products and packaging. The twelve (12) New York State winners receive the honor of having their artwork in a calendar that will be distributed throughout the State. The schools with winning entries will also receive a recycled content tote bag filled with educational materials and videos. For contest rules and more information, call Debbie Jackson at the New York State Department of Environmental Conservation at (518) 402-8705 or visit http://www.dec.state.ny.us/website/dshm/redrecy/poster.htmon the web. The contest deadline is May 27, 2005.

Heat Season Rules:

The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:
Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit;
Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.
Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW-YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24 hours a day, seven-days a week.

 

Spotlight on Policy

Death Penalty

This week, the Senate has again passed legislation to “fix” the death penalty, which was declared unconstitutional last year by the New York State Court of Appeals. I opposed this legislation, since I believe that the death penalty is neither a fair or effective mechanism for addressing violent crime.

While I have always been opposed to the death penalty, the arguments against its use have only gotten stronger in recent years. Technological advances in DNA processing have demonstrated conclusively that many innocent people have been sentenced to death, and have led other states such as Illinois, to impose a moratorium on implementing the death penalty because of the recognition of the unacceptable risk of executing the innocent. Since 1973, at least 116 people sentenced to death have later been released after they were proved innocent of the crimes of which they were accused.

There are also strong racial disparities in the administration of the death penalty, both in terms of the race of the defendant and the race of the victim. About 42% of current death row inmates are African American. The racial disparities are even greater when one looks at the race of the victim of a given crime. African Americans are much more likely to be the victim of murders than whites, but the killers of African Americans are much less likely to face the death penalty. Since 1976 80 percent of death sentences have been meted out to the killers of whites.

From a crime prevention perspective, the death penalty also makes little sense. There is no evidence that the death penalty is effective in reducing crime rates. Furthermore, it is more expensive to administer the death penalty than to keep someone in prison for life. Since New York reinstated the death penalty in 1995, New York taxpayers have spent at least $170 million pursuing capital cases without a single execution taking place. Most state studies have found that a system of life without parole is significantly cheaper than the death penalty system, even when including the costs of long-term imprisonment.

The growing evidence regarding the ineffectiveness and dangers presented by the death penalty, along with declining crime rates, have shifted public opinion regarding the death penalty. According to a 1993 Quinnipiac University Poll, New Yorkers now prefer a maximum sentence of life without possibility of parole to the death penalty by a margin of 53% to 38%. While earlier polls often did not mention the option of life without possibility of parole, they also suggested much stronger support for the death penalty in New York, with support levels around 70 percent in the early 1990s.

The state Court of Appeals ruled in its decision last year that the sentencing methods of the capital punishment statute were unconstitutional because jurors are instructed that if a jury deadlocks between execution and life without parole as the punishment, the judge will sentence the defendant to life in prison with the possibility of parole. The judges said that option might pressure jurors to vote for execution because they did not want to create the opportunity for the defendant to eventually be released from prison.

The Senate bill fixes this problem by specifying that when a jury deadlocks over the punishment in a capital crime, the default penalty will be life without the possibility of parole. This change would appear to address the courts concern, and would likely lead to the reintroduction of capital punishment in New York State.

Fortunately, as of now, the Assembly has shown no interest in adopting the Senate proposal to reintroduce the death penalty. I share the belief of many of my colleagues in both houses that New York has many other options for addressing crime in our state, and that the use of the death penalty diminishes all New Yorkers.

District Office: 211 East 43rd Street, Suite 1300
New York NY 10017
(212) 490-9535 Fax: (212) 490-2151

Albany Office: Room 302, Legislative Office Bldg.
Albany NY 12247
(518) 455-2297 Fax: (518) 426-6874

On the Web at http://www.lizkrueger.com/

!

September, 2002

Budget Overview

Unfortunately, the 2002 state legislative session did not accomplish nearly as much as you and I would have liked.

In May, we finally passed the 2002-2003 New York State Budget. However, it did not confront the harsh economic facts facing our state’s government. A five-year binge of raising spending while locking in inequitable, back-loaded tax cuts has produced a substantial deficit. Albany has been unwilling to confront this challenge, or to make the hard decisions about raising taxes or cutting critical services. In the new session I will continue to press this issue and advance proposals to deal with the looming deficit.

On the spending side, the Budget:

The Legislature finally passed the Women’s Health and Wellness Act. However, in the new session we must pass SONDA, raise the minimum wage and reform the Rockefeller Drug Laws. It’s about time Albany gets busy and conducts the people’s business.