News from Assemblymember Linda B. Rosenthal - December 2009
DISTRICT OFFICE: 230 West 72nd Street, Suite 2F, New York, NY 10023 • 212-873-6368 • rosenthall@assembly.state.ny.us

Dear Neighbor,

As this newsletter goes to print, the Governor called an extraordinary session to consider mid-year budget cuts to keep New York State afloat. As you know, there was turmoil in Albany earlier this year when a power struggle in the Senate caused it to shut down, unable to function. And, the State is facing a very tough fiscal situation today.

Many of my constituents have contacted me about the Senate deadlock and most of them have expressed their distress and exasperation. I understand how you feel, and I share your concerns about the way many in the Senate do not seem to be able to operate in a professional manner befitting elected officials and the people of this State. My colleagues and I were elected to do the people’s business, and I am committed to continuing my service as a full-time legislator who takes her job very seriously.

Despite the tumult, the Assembly continued its work and acted on 317 bills during the last week of regular session, which ended in June. We passed legislation on domestic workers rights, debt collection practices, ethics and campaign finance reform, bans on dangerous driving practices and farm workers’ rights, to name a few. Included among my bills that passed were: anti-light pollution legislation, animal health and safety bills, and equal pay legislation. A total of 22 of my bills passed the Assembly this year, and five were signed into law.

The economic downturn has forced many New Yorkers to sacrifice and do more with less. My office is working to ensure that Upper West Siders have access to certain vital services they need in these difficult times. In October, I sponsored free flu shots at my district office for over 200 seniors. In January, I will be sponsoring a free mammography van and free dental van for community residents. Details can be found in this newsletter or by calling my office at (212) 873-6368.

Please feel free to contact me with your thoughts and concerns any time.

Sincerely,
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Assemblymember
Linda B. Rosenthal


ROSENTHAL APPOINTED MITCHELL-LAMA SUBCOMMITTEE CHAIR

I was recently appointed Chair of the Assembly’s Mitchell-Lama Subcommittee, which oversees issues pertaining to the Mitchell-Lama housing program in New York. The New York State Mitchell-Lama bill was passed in 1955 in response to affordable housing shortages throughout the State, and the landmark program was established to give moderate-income families greater access to affordable housing. The program encouraged the development of affordable housing for middle-income residents by providing developers with tax abatements and low-interest mortgages. In exchange for these perks, the law required a limitation on housing company profits, income limits for tenants and Department of Housing and Community Renewal (DHCR) supervision. Mitchell-Lama buildings can consist of rental or co-op apartments.

Twenty years after the initial occupancy of an apartment, housing companies are allowed to buy out of the Mitchell-Lama program by repaying their mortgage. When they do this, the companies no longer have to be supervised by DHCR, and the apartments no longer need to be kept affordable for low- or moderate-income families. Almost a third of the roughly 140,000 apartments built under the program have left or are in the process of leaving the system. However, since 2007, housing companies representing 3,666 units have refinanced and committed to remaining in the program. It is crucial that we develop and promote innovate approaches to retaining units in the Mitchell-Lama program.

I am thrilled at the opportunity to chair this critical subcommittee and continue my work on housing issues in New York. The Mitchell-Lama Subcommittee will provide a useful forum in which to discuss and facilitate both tenant’s rights and affordable housing. I plan to work hard to ensure that the program endures and is preserved for future generations.

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Assemblymember Linda Rosenthal, Congressman Jerry Nadler, former City Council Member Ronnie Eldridge, Borough President Scott Stringer, Community Board 7 member Phyllis Gunther, and Community Board 7 Chair Mel Wymore hoist shovels at the groundbreaking of the 59th Street Recreation Center renovations. The 60th Street wing of the public recreation center is being reconstructed with an indoor state-of-the-art pool; new electrical, plumbing, and HVAC systems; a new first aid room; improvements to the gymnasium and a new cardio room.


ROSENTHAL IN THE NEIGHBORHOOD

Preserving West End Avenue’s Character

For the past two years, a group of dedicated neighbors on the West Side has been conducting a campaign to have West End Avenue, the almost 40-block boulevard comprising architecturally and historically significant buildings, declared a historic district. I am proud to have been among the earliest supporters of the efforts of the West End Avenue Preservation Society (WEPS), which grew out of concern over proposed demolition of 508, 510 and 732, 734 West End Avenue.

While parts of West End Avenue are already protected, WEPS’ founders realized that without designation of the entire stretch by the City’s Landmark Preservation Commission (LPC), any of the avenue’s charming pre-war buildings might be subject to the wrecking ball of overzealous developers.

Marshalling community participation and interest, WEPS’ indefatigable leaders, Erika Peterson and Richard Emery, were able to hire Andrew Dolkart, director of Columbia University’s Historic Preservation Program. He prepared a comprehensive 260-page study for submission to LPC. As that study makes clear, we cannot afford to lose the avenue’s impressive heritage. As such, it is critical that the LPC hold a hearing and approve historic designation for the avenue.

I have written to and spoken with LPC Chair Robert Tierney on this matter and encourage all those concerned to do so as well. For more information, visit the WEPS website atwww.westendpreservation.org. I am confident that by some time next year our efforts will be rewarded.



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Assemblymember Rosenthal presents the West Side Spirit “WESTY” award for Community Builders to West End Preservation Society President Richard Emery and Vice-President Erika Peterson on October 1. WEPS is a non-profit organization dedicated to preserving and protecting West End Avenue.


Rosenthal Organizes Medicare Forum

It was standing room only at JASA Senior Center on West 76th Street on November 17 when I partnered with the Medicare Rights Center to present a free seminar on Medicare options and eligibility.

After introductory remarks by Borough President Scott Stringer more than 300 senior citizens listened to Fred Riccardi, Outreach Coordinator for the Medicare Rights Center, describe basic eligibility criteria for Medicare, as well as various programs to reduce healthcare costs such as the Medicare Savings Program, Part B premiums, the Part D prescription drug benefit, and state prescription drug benefits such as the Elderly Pharmaceutical Insurance Coverage (EPIC).

The event was timed to coincide with the Medicare open season of November 15 to December 31, when people enrolled in Medicare can change prescription drug and health plan coverage without restriction. For more information about this event or to learn about the Medicare Rights Center, please call my office at (212) 873-6368.

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Upper West Siders Robert Sanchez and Madeleine Polayes speak with Assemblymember Rosenthal before their seasonal flu shot appointment on October 29 at her district office. Assemblymember Rosenthal sponsors over 200 free flu shots for senior citizens annually in partnership with St. Luke’s-Roosevelt Hospital. It is recommended that people over 50, in particular people over 65 years old, receive flu shots yearly.


ROSENTHAL COMMUNITY EVENTS

Mammography Van

On January 28, 2010, from 11 am to 5 pm my office is sponsoring a free mammography van located in front of the district office at 230 West 72nd Street. The van will be open to any woman over the age of 40 who has not received a mammogram in the past 12 months.

The van will be operated by the American-Italian Cancer Foundation and staffed by professional nurses. Breast cancer remains the second leading cause of death among women in the United States, and early detection is crucial.

To make an appointment, please call the district office at (212) 873-6368.

Dental Van

On January 6, 13, & 20, 2010, I am partnering with the NYU College of Dentistry “Smiling Faces, Going Places” Mobile Dental Van program to provide free dental exams, including fluoride treatments, dental cleanings, x-rays, and follow-up visits to P.S. 191 students from 9:30 am – 8:30 pm.

Children between the ages of 6 months and 15 years who do not attend P.S. 191 but reside on the Upper West Side are also eligible for dental care from 3:30 – 8:00 pm on these dates.

No insurance is necessary, but children with insurance should bring copies of their insurance information.

Coat Drive

As the holidays arrive and the weather gets colder, the winter can be unforgiving to many in need in New York City. Throughout the month of December, I am partnering with New York Cares to collects coats for their annual coat drive.

Gently used or new coats will be accepted by the district office, located at 230 West 72nd Street, Suite 2F, Monday-Friday between 10:00 am – 5:00 pm.

For more information on these or any other programs sponsored by Assemblymember Rosenthal, please call the office at: (212) 873-6368.


LEGISLATIVE ACCOMPLISHMENTS

“Kill the Drill” to Protect Our Water

I submitted testimony at a November public hearing convened by the New York State Department of Environmental Protection (DEC) that strongly opposes the DEC’s proposal to drill for natural gas in the Marcellus Shale in the Catskill/Delaware watershed, a process that would risk contaminating New York City’s water supply and creating harmful environmental and health effects.

New York City has spent hundreds of millions of dollars in recent years to buy property surrounding the watershed to ensure that no development can occur in the area that supplies 90% of the unfiltered water supply to millions of New Yorkers. This plan was arranged with the EPA to forestall the need to construct a water filtration plant. The DEC would be taking a major step backward if it allows drilling that would compromise the watershed.

The method used to extract gas is called hydrolic fracturing, which has a track record of contaminating water in other states. It involves injecting millions of gallons of water, sand and potentially harmful chemicals underground at high pressure to break up rock and release gas. Should an accident occur near New York’s watershed during this process, our unfiltered water supply could be exposed to chemicals such as benzene, formaldehyde, ethylene glycol and toluene, to name a few, which could cause serious consequences to human health and safety.

The wastewater generated during fracturing is treated by municipal or industrial water treatment plants and discharged back into public waterways. The wastewater that results contains radium, in some samples as high as 267 times the limit that is safe for discharging back into the environment and thousands of times the limit that is safe for people to drink.

As a co-sponsor of bill A.01322, legislation that would ban the DEC from issuing permits to drill for natural gas within two miles of our water supply, I will continue to work to actively ensure the safety of our city’s drinking water.

Establishing Spay & Neuter Control Fund

I was thrilled that the Assembly passed A.6158A, a bill I introduced that will establish an Animal Population Control Fund in New York City. The fund will cover free and low-cost spay and neuter operations for low-income pet owners and save the lives of thousands of homeless dogs and cats each year. It will also save New York City taxpayers millions of dollars in sheltering and other costs associated with caring for homeless animals. Programs in other states have shown that offering low-cost spay and neuter to low-income pet owners is the best way to significantly reduce the number of stray cats and dogs. It is critical that we consider the welfare of animals throughout New York City as well as the overwhelming financial savings that will be recognized by more effectively implementing this program.

New York’s huge population of unwanted cats and dogs imposes a financial burden on the city because it must shelter and find homes for or euthanize these animals. It also results in thousands of healthy animals being euthanized every year due to a shortage of shelter for every unwanted animal. Surgery is the most effective and humane way to address the problem of animal overpopulation. In 2008, NYC Animal Care and Control took in over 40,000 cats and dogs. Of those, more than 16,000 were euthanized. A study commissioned by Animal Friendly NYC has shown that performing 20,000 low-cost surgeries a year in New York City would reduce the number of cats and dogs going to the city’s shelters by 40% – 17,000 animals. It would also save the city $2 million in the first year, a savings that includes the cost of subsidizing the surgeries.

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Assemblymember Rosenthal was presented with the “Humane Legislator of the Year” award by Patrick Kwan, New York State Director of the Humane Society of the United States, in Albany earlier this year for her work protecting companion animals and ensuring proper labeling of fur products. Assemblymember Rosenthal’s bill allowing the Municipal Police Training Council to develop training procedures for police officers on the investigation and prevention of animal cruelty cases was signed into law in October.


Rosenthal Stands Up for Yoga Community

The yoga community was turned on its head earlier this year when the New York State Education Department (SED) sent letters to yoga teacher trainers ordering them to discontinue their programs immediately or risk incurring fines of up to $50,000 for teaching without a license. It seems that the SED had determined that yoga schools that train instructors must be licensed in the same manner as proprietary schools that offer vocational training for bartenders, cosmetologists and auto mechanics, for example.

Licensure involves a great deal of paperwork, large fees and a lengthy curriculum approval process, all of which are unnecessarily burdensome for the field of yoga training. To remedy the situation, I introduced a bill, A.8678, sponsored in the Senate by Senator Eric Schneiderman, which would exempt from licensure yoga and other schools providing instruction in certain subjects whose purpose is leisure, hobby or personal enrichment. The SED has agreed to suspend any licensing requirements in the wake of this legislation.

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Celebrating the ribbon cutting for a new public sculpture at Dante Park (from left to right), Assemblymember Rosenthal joins Lincoln Square Business Improvement District President Monica Blum, Manhattan Borough Commissioner of the NYC Department of Parks Bill Castro, Broadway Mall Association President Robert Herrmann, Broadway Mall Association Administrative Director Sharon Lopez, sculptor Carole Eisner, and her daughter Susan Eley on September 14. The public exhibition of nine sculptures by Carole Eisner was organized by the Broadway Mall Association in conjunction with the Parks Department and will appear along Broadway between 64th and 166th Streets until February 2010.


Fighting for Domestic Workers

Domestic workers in New York State won a victory when the Assembly passed bill A.1470A, which I co-sponsored, that would establish clear labor standards for such workers, affording them an eight-hour workday, temporary disability insurance coverage and overtime pay while providing the legal right to one day of rest each week. For too long, nannies, housekeepers and companions for the elderly simply have not had labor protections that other workers have enjoyed, as they were explicitly exempted from minimum wage and overtime laws. There are more than 200,000 domestic workers in New York State and they have been underpaid, often exploited and bereft of legal protections for years. This bill is an important first step in the march to greater rights and better working conditions for those who play such an integral part in so many New Yorkers’ lives. The bill lies dormant in the State Senate.

Rosenthal Animal Cruelty Bill Becomes Law

In November, legislation I sponsored which authorized the Municipal Police Training Council to recommend updates regarding procedures for animal cruelty enforcement was signed into law.

Currently, most laws pertaining to animal cruelty are not part of the penal code; they are contained in the Agriculture and Markets Law and as such, police officers are not educated regularly about these laws. With this law’s passage, the Police Training Council will develop training procedures for police officers on the investigation and prevention of animal cruelty cases.

Some crimes against companion animals and animal fighting are classified as felonies. Police should be trained to identify these crimes, especially since there is a documented connection between animal abusers and people who commit violent crimes against humans. Police officers will be better able to identify unlawful acts against animals so they effectively enforce existing laws and possibly even prevent future crimes against humans.

Coming Soon! NYS Assembly TV

While the 2009 legislative session was nothing if not tumultuous, it did generate a greater than usual degree of interest in what our legislature is up to. It is therefore appropriate timing that the New York State legislature will be launching a “C-SPAN”-style cable TV station with greatly expanded coverage of hearings, floor activity and other relevant programming.

The station will be available for Time Warner Cable subscribers on channel 159 and for Cablevision subscribers on 116. Assembly hearings and session activity can also be streamed on the Assembly’s website at http://www.assembly.state.ny.us/av/. The legislature will formally reconvene in early January.

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Assemblymember Rosenthal, with Sara Ogger, Executive Director, and Anthony Viscuni, Board Member, of the New York Council for the Humanities, at the opening celebration of the organization’s renovated office space. The Council on the Humanities contributes to the intellectual life of New Yorkers with numerous scholarly presentations, lectures, and discussions that reconnect us to our vibrant state and local heritage. Assemblymember Rosenthal’s remarks at the event focused on the importance of state funding for arts and cultural groups.


Supporting Survivors of Violence and Abuse

Despite a legislative session that was interrupted by the Senate coup, I was successful in enacting five of my bills into law. Two of them pertain to issues that unfortunately are prevalent in our society and that primarily affect women: One law requires city and state social service providers to inform all those applying for public assistance that information and resources for victims of sexual abuse and assault are available. Information packets will contain a listing of all local sexual assault examiner programs, including a list of local hospitals offering sexual assault forensic examiner services, rape crisis centers, and other advocacy, counseling and hotline services appropriate for victims of sexual assault.

Studies have shown that a disproportionately large number of women on public assistance have experienced sexual abuse as children. Victims of sexual assault often feel alone and do not know their options for treatment and support. I am hopeful this law will bring to light social services that are available to them and ensure they receive the help they need.

Another law will prohibit the State from forcing victims of domestic violence to contact their abusers in order to receive State services. In addition, it mandates that should such contact need to be made, the governmental entity will assign an intermediary to act on behalf of the victim in a manner that will protect her privacy, confidentiality and current location.

Domestic violence is not acceptable and should not be tolerated. However, continued reports of such violence in the news are a disconcerting indication of the gravity and pervasiveness of abuse. I am a long-time supporter of legislative measures that will create a safer and more just world for these victims. This law will help to ensure that victims of domestic violence and sexual abuse receive the help and support they deserve.

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Assemblymember Rosenthal speaks to a crowd of tenants and advocates at a Tenants & Neighbors rally on October 1 stressing the importance of maintaining affordable housing and denouncing steep rent increases. In June 2009, despite calls for no increases, the Rent Guidelines Board approved rent increases of 3 and 6%, respectively, for one- and two-year leases for rent-stabilized units.


Have you ever been threatened with eviction from an apartment because the owners said they wanted it for their own personal use?

This past legislative session, the Assembly passed A.1685A, a bill I co-sponsored that will expand tenant protections by limiting landlords’ ability to take possession of building units for their own personal use. The bill will allow seizing apartments only in cases of immediate and compelling necessity for primary residency, permit the recovery of only one unit and restrict a landlord’s ability to take an apartment if the tenant has occupied it for twenty years or more. This legislation will not only assist individuals, it will also help to keep apartments in the rent regulation system and therefore preserve affordable housing. If you have experienced a “personal use” situation, call my office at (212) 873-6368.


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