Enhancing Access to Hearing Aids
March 3, 2010
New York could take an important step this year in improving access to hearing aids for the growing number of hearing-impaired. This week, I along with Assembly Member Jeff Dinowitz of the Bronx introduced legislation that will make it possible for patients to purchase hearing aids directly from their doctors.
A current state law–the only one of its kind in the country–prohibits doctors who evaluate hearing loss from deriving a profit from hearing aid sales. As a result, few doctors’ offices offer hearing aid services to their patients, since doing so is economically unviable. These restrictions create artificially high prices and unnecessary inconvenience for patients. Doctors’ offices can provide patients with cost-effective and convenient services.
This new legislation will enhance patients’ access to treatment and increase competition among providers. Patients will be able to have continuity of care with their doctors, which is especially important when patients have complex medical conditions. A 2009 Consumer Reports article indicated that the best provider of hearing aids is a medical office headed by an ear, nose and throat doctor with an audiologist on staff- an unlikely option in New York under the current law.
Taking Aim At Digital Publishing to Bring Down the Cost of E-Texts for College Students
February 22, 2010
With Governor Paterson proposing that New York’s public universities be allowed to freely raise tuition, opening the floodgates for cash-strapped colleges to hit students with big bills as they scramble to overcome cuts to tuition assistance, I have released a report showing that electronic resources have the potential to bring down the cost of higher education for low- and middle-income families struggling to put their kids through college.
Students spend more than $1000 each academic year on required texts and electronic texts are much cheaper, but right now the way the publishing industry does business fixes the prices higher than they should be and involves licenses that are toxic and restrict use of these texts in ways that printed books are not restricted.
The plan that my report recommends requires some legislative changes, and I have introduced three bills, A.9893, A.9894, and A.9897 as a package to give CUNY and SUNY the tools those institutions need to fight the publishing Goliath.
Protecting Tenants Against Sex Offenders Working in Their Buildings
February 2, 2010
I was horrified to learn of a situation here in Manhattan where a building superintendent who was sexually harassing tenants was discovered to be a level three sex offender. It is disgusting and unfathomable that someone who abused three children in Long Island was given the keys to 50 apartments in two buildings.
It should also be illegal.
As the New York Post reported today (”Pol: Bar Sex-Fiend Supers“). I have introduced a bill to ban the hiring of dangerous sex offenders as building superintendent or other building agents. The bill will also allow tenants to bring action against landlords if they are being sexually harassed by a landlord or their employees under the Warrant of Habitability.
This is critical legislation because the law requires tenants to allow building owners and their employees access to their apartments–and landlords can seek eviction of tenants who refuse access. Also, while current law forbids landlords from harassing tenants, it does not specifically protect tenants from sexual harassment. Unwelcome sexual advances, requests for sexual favors (as was the case in the two Upper West Side buildings), and other verbal or physical conduct of a sexual nature should have specific recourse under the law.
The Drumbeat For Oreo’s Law Grows Louder
January 26, 2010
The tragic case of Oreo, an abused dog who was euthanized despite her rescue by the American Society for the Prevention of Cruelty to Animals (APSCA), brought to light a tragic loophole in our animal protection laws. Oreo survived a fall from a six-story building, but was put down after being found to have untreatable aggression, despite the fact that a rescue group wanted to adopt her for rehabilitation. In response, I introduced Oreo’s Law (A.9449/S.6412) with New York State Senator Tom Duane to close that loophole.
My bill, modeled on an existing law in California, allows animal welfare organizations the right to request animals be given to their care when a shelter is planning to euthanize them.
Today, the San Francisco Chronicle published an article, “Do animals need laws protecting them from shelters?” lauding my bill and furthering the drumbeat for a law to protect dogs like Oreo, saying “all over New York, indeed, all over the United States, there are shelters right now killing dogs and cats who could be saved if only they’d let qualified local rescue groups and foster volunteers take animals out of their facilities.”
As a dog owner and a foster parent for an animal rescue group myself, I was heartbroken to learn that Oreo was euthanized. When humane organizations volunteer their expertise in difficult cases, shelters should work with them to the fullest extent possible. This legislation will give tragically abused animals like Oreo another chance at life.
The Struggle for Marriage Equality Continues
December 2, 2009
As a member of the LGBT caucus of New York State legislators, I share in the frustration of my community after today’s disappointing vote in the State Senate.
I am extremely proud to be a co-sponsor of the marriage equality bill and to have been part of the Assembly’s historic vote, first in June of 2007, and twice since then, including early this morning as the Assembly passed the measure for the third time. I know that my vote for equality is one of the most important votes I will ever make as a lawmaker.
Despite the tally of votes in the Senate, I believe the fact that the bill came to the floor for debate is a victory unto itself. Polls clearly show that New Yorkers believe in civil rights, oppose discrimination, and agree with marriage equality. No longer do New Yorkers need to wonder whether their Senator stands for the cause of equality or in defense of contemptuous bigotry. Now we know the yeas and the nays, and that knowledge brings us power. I believe that 2010 will bring in a new legislature, one that is truly for all the people of this great state.
I want to thank Senator Tom Duane, and in my own house, Assembly Members Daniel O’Donnell, Deborah Glick, and Matt Titone, for their tremendous leadership and advocacy for the cause of equality.
We will prevail. The drumbeat for marriage equality is loud and clear, and this is an issue whose time has come.
“Oreo’s Law” Would Give Dogs a Second Chance at Life
November 18, 2009
The kennel at Pets Alive Animal Sanctuary, where Oreo would have been rehabilitated.
The case of Oreo, an abused dog who was put down after her rescue by the American Society for the Prevention of Cruelty to Animals (APSCA), brought to light a tragic loophole in our animal protection laws. This week, I am introducing legislation to close that loophole and save the lives of thousands of abused and injured animals in New York State.
This new legislation will allow animal welfare organizations the right to request animals be given to their care when a shelter is planning to euthanize them. The bill will be sponsored in the State Senate by Senator Tom Duane.
The bill, modeled on an existing law in California, is named Oreo’s Law in memory of the pit bull mix who became well-known after she survived abuse at the hands of her former owner, including a fall from a six-story building, but was eventually euthanized after the ASPCA determined that she was untreatably aggressive. Pets Alive Animal Sanctuary, a no-kill animal shelter located in the foothills of the Catskill Mountains, specializing in the rehabilitation and care of abused animals, offered to take Oreo, but the ASPCA refused the request.
As a dog owner and a foster parent for an animal rescue group, I was heartbroken to learn that Oreo was euthanized. When humane organizations volunteer their expertise in difficult cases, shelters should work with them to the fullest extent possible. This legislation will give tragically abused animals like Oreo another chance at life.
Please click here to download the press release announcing this legislation.
Making the Case for Submetering Reforms
October 20, 2009
Residential submetering of electricity is a practice with significant implications to tenant protection, consumer protection, and environmental conservation. But despite the high stakes, it is an issue that has received relatively little attention. While submetering has proliferated under the political radar, changing the lives of low- and middle-income tenants, few attempts have been made to address the issue systematically.
Earlier this year I blogged about five bills that I introduced to reform submetering in New York State. Last week, I was pleased to be offered an opportunity to discuss my legislative efforts at the New York State Bar Association’s Eleventh Annual Institute on Public Utility Law held in Albany.
10.16.09 IPUL Sub Met Ring Leg Remarks
How to Save $50 Million a Year …and Improve Access-A-Ride
September 16, 2009
An estimated 60,000 wheelchair-users live in New York City, but only 238 of the 13,000 medallion yellow cabs (less than 2%) are able to accommodate a wheelchair passenger. This is an every day reality for wheelchair users who are often left stranded without access to a key element of New York City’s transportation infrastructure. To address this unequal access to transportation, I sponsor a bill (A.7842/S.4861) with State Senator Tom Duane to require that by 2011, all taxicabs in New York City are accessible to people with disabilities.
My Op-Ed, “Escape from Access-A-Ride,” in the New York Post on Saturday, September 12th pointed out that having a 100% accessible taxi fleet doesn’t just make sense from a civil rights perspective — it could also save millions of dollars for the Access-A-Ride program. These are costs borne by the cash-starved City and MTA budgets. And, not only could we save public dollars, we could do all this and provide a better service for paratransit consumers.
The Fight Continues Against Bloomberg’s Garbage Plan
July 29, 2009
While I was disappointed to learn of the New York State Department of Environmental Conservation’s (DEC) decision granting the City’s permit application for a Marine Transfer Station (MTS) at East 91st Street in my district (see the end of this post for the decision in full), the fight does not end here. In the Assembly, I continue to push my bill (A.6829/S.3112) to prohibit the siting of a solid waste transfer station within 800 feet of a public housing complex. I was pleased that my bill made progress this year and was passed by the Environmental Conservation and Codes Committees. I also strongly support the Gracie Point Community Council’s plans to file an Article 78 lawsuit in State Supreme Court to challenge the validity of the DEC ruling.
There is still time to put a full stop to this madness. How can the Bloomberg administration continue to argue that this makes sense even while the Department of Education prepares for the fall opening of the new PS 151 elementary school on East 91st Street between First and Second Avenues (See “Braced for Garbage,” Our Town, June 17, 2009)? The good news for us is that the Bloomberg Administration has not budgeted for the project for the upcoming fiscal year, pushing back implementation to 2011 at the earliest. Meanwhile, in addition to the Article 78 proceedings, an earlier lawsuit filed by Gracie Point Community Council arguing that the MTS is unlawful park alienation is still pending.
This project is taking longer and costing more than anyone ever imagined. If the Mayor was truly interested in fiscal discipline and efficient government, he’d abandon this boondoggle now. Elections have consequences.
The Upper East Side and East Harlem communities have repeatedly pointed out why this location is inappropriate–for the children who play outdoors at Asphalt Green, park-goers who use Carl Schurz Park, the East Side River Esplanade and Bobby Wagner Walk, the over 40,000 residents of surrounding residential high-rises, and public housing complexes like Stanley Isaacs Houses and John Haynes Homes.
The fact remains that this neighborhood is one of the most densely populated residential areas in all five boroughs. Had there not been an MTS in this location at some point in the past, it would be illegal to site one there today. The neighborhood that the former MTS was part of was a very different one. Gone are the light manufacturing uses and warehouses that once lined the East River–this is 2009, and this is a tightly packed network of high rise residential towers, housing projects, parks, and community facilities. The fact that once upon a time there was an MTS at this location has allowed the Mayor to exploit what amounts to a loophole in the law. In the City’s application, the proposed MTS was referred to as a “reactivation” of an existing MTS. This is hogwash, and it is more than disappointing that the DEC didn’t kick the City to the curb for such transparent word-smithing.
Please check back here for updates as more on this situation develops. I am posting the DEC’s decision in full below for your convenience.
7-27-09 DEC decision on marine transfer stn
So Where Does the Mayor Stand on 2nd Avenue Relief?
July 17, 2009
Looking south from corner of East 94th St. and Second Ave. Photo courtesy of The Launch Box.
Does the Mayor care about Second Avenue’s small businesses or doesn’t he?
Back in February, at a press conference to mark the beginning of construction on the MTA’s Number 7 train extension project, Mayor Bloomberg made a point of talking about the suffering of small business owners in the Second Avenue Subway construction zone:
“[The construction] is literally destroying every business on Second Avenue,” the mayor said at a press conference intended to show off a 100-ton cutting head that was to begin churning out the West Side extension for the 7 train.
“It is an economic disaster for the people who have stores and restaurants on Second Avenue and we have to find something to do for them.”
I am all too familiar with the disaster facing small business owners in the Second Avenue Subway project area. The new subway line will be great for New York in the long run, but the construction process is devastating the neighborhood. These small business owners are being asked to sacrifice on behalf of the public interest, and we owe it to them to find a way to help weather the storm.
This is why I sponsor legislation (A.3949/S.1393-Serrano) to provide targeted relief to small business owners, by giving their landlords an incentive to lower their rents. My bill gives property tax breaks to building owners in the construction zone if they renegotiate leases at lower rates for small business tenants. This bill gives Second Avenue’s businesses a a fighting chance, and in tough economic times it will help preserve the city’s tax base by working to prevent the shuttering of a once-dynamic commercial neighborhood.
The relief bill passed the Assembly last month, and for the second time in two years. But yesterday, Mayor Bloomberg instructed Republican State Senators to oppose the legislation, and without any GOP support, the measure could not come to a vote.
If the Mayor recognizes that the construction is an “economic disaster” for Second Avenue, and says that “something” should be done to aid the suffering businesses, why is he standing in the way of actual efforts to help?
