On December 28, 2020, the Assembly held a special legislative Session to consider Assembly bill 11181, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. During the deliberation of this legislation, the Assembly Minority introduced amendments to the bill on the floor. One such amendment was aimed at restoring legislative checks and balances for emergency declarations exceeding 45 days and ensuring judicial due process rights for any actions that affect fundamental constitutional rights. I voted in favor of this amendment, which did not receive sufficient votes to pass.

Under New York Law, the Governor is granted broad powers during a State of Emergency. These powers are necessary for the state to quickly and effectively respond to a crisis, through the deployment of resources and funds, direction of local officials and coordination with the federal and other state governments. At the beginning of the COVID-19 pandemic, the Governor declared a State of Emergency in New York State per Executive Order 202. New York State was the first epicenter in the U.S. The potential impacts were undetermined. However, in a democracy such extraordinary powers should not extend a minute longer than necessary.

While swift action was certainly necessary at the beginning of the pandemic, many of the unilateral decisions made over the last several months have been controversial and sweeping. After over ten months from New York’s first confirmed case of the virus, we largely understand how to control and mitigate the spread of the virus, and with the initial phases of the roll-out of COVID-19 vaccinations underway, there is hope on the horizon.

As we move forward in the fight against COVID-19 and begin the new 2021 Legislative Session, it is absolutely vital that we restore the Legislature’s rightful role as a co-equal branch of government. In addition to voting in favor of this amendment, last year I signed on as a co-sponsor of A.10502, which would provide that such emergency authority could only be valid for 30 days, unless extended by a vote of the State Legislature. I will continue to support these and related measures. There is still plenty of work to be done and as we continue to see infection and hospitalization rates climb, we must remain vigilant.