Support for the Creation of PS 267

March 10, 2010


Last night I delivered testimony to the Panel for Education Policy (PEP) in support of the proposal to co-locate P.S. 267, a new elementary school, in the P.S. 158 building beginning in the 2010-11 school year. This proposal represents a big victory for East Side students and their parents, offering immediate relief from school overcrowding and avoiding the earlier, much criticized plan to create a “mega-school.” The new PS 267 will have its own administration and will move into its own permanent location in the former Manhattan Ear Eye and Throat Hospital (MEETH) building on East 63rd Street.

The PEP will be holding a final vote on the proposal at its regular public meeting on March 23, at 6:00 pm in the Michael J. Petrides School, 715 Ocean Terrace in Staten Island.

My testimony is below.

3.9.10 PS 267 Public Hearing Statement

Kellner to SLA: Revoke Saloon’s Liquor License

March 2, 2010


While city life is never perfectly peaceful, New Yorkers have a right to expect that their local businesses will be respectful neighbors. Unfortunately, this isn’t always the case. My office has received numerous complaints from Yorkville residents about Saloon, a bar and nightclub on York Avenue between 83rd and 84th Streets, including reports of fights, destruction of private property, public urination, and noise created by the club’s patrons. As a result of these complaints, and the consistent failure of Saloon’s owners to address them, I have been working with the New York State Liquor Authority (SLA) in an effort to revoke the establishment’s liquor license.

When Saloon recently changed ownership, Community Board 8 made approval of the new owners’ liquor license contingent on their agreement to acknowledge and resolve these problems. However, in a letter Saloon sent to the Community Board, the owner arrogantly tried to brush the complaints aside as insignificant, referring to them only as “alleged” issues, and offered no concrete commitment to working with the community. As a result, the Community Board voted to deny the bar’s liquor license application.

Today, I along with Senator Liz Krueger and Council Member Jessica Lappin, called upon the SLA to respect the wishes of the community and deny the liquor license application. Saloon has proven itself unable—and unwilling—to be a good neighbor, and there is no reason why the residents of Yorkville should have to continue suffering.
3-2-10 Letter to SLA Re CB8 Saloon Vote

Money in Your Pocket: The Earned Income Tax Credit

January 29, 2010


Every penny counts in today’s economy, yet many working people are overlooking an important tax credit that could put up to $5,657 in their pockets. While over 1.5 million New Yorkers claimed the Earned Income Tax Credit (EITC) last year, putting an average of $2,011.49 in the hands of struggling New Yorkers, the IRS estimates that one in four eligible taxpayers miss out.

First offered in 1975, the EITC is a refundable credit for people who work, but do not have a high income. It is the federal government’s largest benefits program for working families.

Credits are calculated based on your income and the number of children in your family. I have detailed below, but the IRS website has a table that summarizes this information.

For the 2009 filing year, the new maximum credit is $5,657 for a family with three or more children; $5,028 for a family with two children; $3,043 for a family with one child; and $457 for a family without children.

Head of household filers who earned less than $43,279 (for a family with three or more children), $40,295 (for a family with two children), $35,463 (for a family with one child), and $13,440 (for a family with no children) may be eligible. Income limits are $5,000 higher for each category of family where the taxpayer’s status is married filing jointly.

Eligible taxpayers must file federal income tax returns to receive the credit – even if they are not otherwise required to file.

There are also state and city versions of the EITC that can be claimed by eligible taxpayers, substantially increasing the total your family may get in refunds. For more information, I encourage New Yorkers to visit www.eitc.irs.gov.

A Huge Victory for Tenants in Court Case Ruling Against Unjust RGB Rent Hike

January 28, 2010


Tenants protest RGB hearings in 2009. (Photo by Housing Conservation Coordinators.)

For the past two years, the NYC Rent Guidelines Board (RGB) has outrageously imposed minimum, flat rent increases to tenants who have been in their apartments for longer than six years. When a tenant moves from a stabilized unit, landlords are allowed to jack the rent on apartments through an allowed “vacancy increase”–so we can assume the pro-landlord RGB thinking was that when tenants don’t move very often, landlords are missing out on the extra increase opportunity.

In 2008, the RGB set increases at 4.5% (for one-year leases) and 8.5% for two-year leases–unless you lived in your apartment for six or more years; if so, your increase was 4.5% or $45 (whichever was greater) for a one-year lease or 8.5% or $85 (whichever was greater) for a two-year lease. In 2009, the RGB set increases at 3.0% (for one-year leases) and 6.0% for two-year leases–unless you lived in your apartment for six or more years; if so, your increase was 3.0% or $30 (whichever was greater) for a one-year lease or 6.0% or $60 (whichever was greater) for a two-year lease.

I am very pleased that yesterday, as the NY Daily News (“Judge throws out minimum rent increases imposed by Rent Guidelines Board“) and the New York Times City Room Blog (“Ruling Could Mean Lower Rents for 300,000 Tenants”) reported, Manhattan Supreme Court Judge Emily Jane Goodman ruled that the practice was unlawful and “penalizes tenants failing to move in a city that has virtually no affordable housing.” This is a just and long-overdue decision and we have the Legal Aid Society to thank for representing a class of tenants in bringing this suit (the Legal Aid Society’s press release is linked here).

The minimum increases on long-term tenants are a poor tax. For tenants whose rents are lower, the increases were startling. An example that was cited in the lawsuit filed by the Legal Aid Society, was Mr. Paul Hertgen, an unemployed Staten Island tenant who is normally a truck driver. Because of the 2008 guidelines, his rent increased from $685 to $770–a 12% increased as opposed to an 8.5% increase that he would have paid were he not an 18 year long-term tenant.

Long-term tenants are the people who live their whole lives in their communities – in these homes they are born, marry, raise families, and grow old. Helping families to stay in the homes should be the purpose of our public policy–but the RGB seems to think that it has the opposite responsibility. When the RGB decided to pick on long-term tenants, they de facto declared war on our communities.

For the past two years, I have testified against these minimum increases to long-term tenants. (See the Publications 2009 and Publications 2008 sections of this blog to download copies of those testimonies.)

Landlord representatives have predictably said that they will appeal the decision, so we will have to wait to see the outcome of that before tenants can apply for their refunds–but those refunds are estimated to be as much as $100 million citywide.

The fact that this lawsuit had to be filed at all underscores the urgent need for serious reform of the RGB. The basic equation is simple: In New York City today, landlord incomes are going up, even while low-income New Yorkers are paying unsustainably large portions of their income in rent. The RGB’s own data from 2005 shows that rent stabilized New Yorkers spend close to 40% of their household income on rent. Over one third of New York City renters spend at least half their income on rent. According to the U.S. Department of Housing and Urban Development, “the generally accepted definition of affordability is for a household to pay no more than 30 percent of its annual income on housing. Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulties affording necessities such as food, clothing, transportation, and medical care.”

Continuing to allow the Mayor to control the majority of appointments to the Board is a deeply flawed model, he has demonstrated time and again that his appointees will only serve the interests of landlords. For these reasons, I am a co-sponsor of legislation (A.5282), with my friend Assembly Member George Latimer, to bring comprehensive reform to this body.

Congratulations to New RIOC Board Members!

January 27, 2010

I am proud to congratulate Margie Smith and Michael Shinozaki on their long-awaited confirmation by the State Senate to the Roosevelt Island Operating Corporation Board of Directors, as well as Dr. Kathie Grimm on the confirmation of her re-nomination.

Margie, Michael, and Kathie are three of Roosevelt Island’s most talented and dedicated community leaders, and they will be key contributors to a Board that has steadily grown more representative of the island it serves.

I have been a consistent advocate for democratizing the RIOC Board, and these confirmations mark another important step forward in that process. I sponsor a bill (A.3953/S.1394) with Senator Jose Serrano, which would reconstitute the RIOC Board so that it is elected rather than appointed. And in 2008, I secured funds for ballot machines so that the Roosevelt Island Residents Association could run their balloting. In that historic election islanders chose Dr. Grimm, along with five other nominees, to represent them on the Board. Margie and Michael were elected last May, in another successful ballot with excellent turnout.

The island’s voters have chosen supremely qualified individuals with a proven commitment to serving their community. It goes to show that democracy really does work: when people are given the opportunity to participate in the governing of their own communities, they take their civic responsibility seriously. RIOC is better off for it, and so are the residents of Roosevelt Island.

Unfortunately, the Governor has not always respected the will of Roosevelt Island’s voters, as when he failed to officially nominate two of the winners of the 2008 election. I wrote to the Governor at that time urging the confirmation of all six nominees and I continue to press him to do the right thing. (You can find my May, 2008 letter in the Publications section of this blog.) Islanders deserve nothing less than full democratization of the RIOC Board.

For Select Bus Service to Succeed, Bus Lanes Must Be Separated

January 21, 2010

The Department of Transportation and the Metropolitan Transportation Authority recently presented preliminary designs for Select Bus Service along First and Second Avenues at a Community Advisory Committee meeting.

Last fall when the New York City Department of Transportation and the Metropolitan Transportation Authority announced the proposed stops for Select Bus Service on the Upper East Side, I was concerned about the siting of stops on First and Second Avenues at East 79th and 86th Streets. The original proposed SBS stops were set to be across the street from existing local stops.

In September, I wrote to the DOT and MTA and asked them to find a way to ensure that future SBS and existing local stops were on the same block on these routes (see the 2009 Publications section of this website). I was therefore very pleased to see that in the draft designs that were unveiled at last week’s Community Advisory Committee meeting the design proposals included that SBS stops would be sited on the same block as existing local stops. This goes a long way in promoting pedestrian safety.

My remaining concern is the lack of physically separated bus lanes in the agencies’ design schematics. This is a big negative impact on the quality of service that SBS can deliver. Last month, I joined with Assembly Member Brian Kavanagh in sending a letter to the DOT Commissioner in support of physically separated bus lanes (this letter can also be found in the 2009 Publications section of this website).

While I appreciate the need to address the needs of businesses that rely on deliveries, there are other ways to do this besides sacrificing separated bus lanes. The primary goal of SBS must be to provide mass transit consumers with uninterrupted, speedy service along the First and Second Avenue corridors–this should be the priority over all other small inconveniences.

Access-A-Ride Cuts Will Leave Disabled Riders Stranded

December 17, 2009

On Wednesday, State Senator Tom Duane and I gathered with disabilities advocates, for-hire vehicle industry representatives, and Access-A-Ride users in front of Selis Manor in Manhattan to oppose the MTA’s slashing of the Access-A-Ride operating budget. Access-A-Ride, New York City Transit’s paratransit service, is the only mode of transportation for people with disabilities who are unable to take regular mass transit.

The MTA plans to cut $40 million from its operating budget this year, and $80 million the next.

No written plan exists explaining how Access-A-Ride is expected to absorb these cuts. Transit officials have shared only that they plan to examine their “legal obligation to provide door-to-door services.”

Last fall I met with the MTA and proposed that Access-A-Ride users be issued debit or credit cards to use in New York City taxis and for-hire-vehicles. MTA officials said they liked the idea and would implement a pilot program. I first wrote to New York City Transit in February of 2009 to propose the concept. (See the Publications section of my website for both the proposal and my original letter to Howard Roberts.)

To my severe disappointment the MTA has yet to do move towards implementing this, despite the fact that the city has estimated that a debit or credit card system would save taxpayers $50 million a year in paratransit services—that’s $10 million more than the MTA says it must cut. I have heard from the for-hire vehicle industry that they are excited about what this could mean for their businesses, and they have already worked out a plan with credit card providers to make it work.

Instead of using this economic crisis to hurt people with disabilities who are dependent on paratransit services, the MTA should be seeing this as an opportunity to look hard at what’s not working and be innovative.

Assembly Member Kellner on CB8 Speaks

December 16, 2009


Opposition to Dept. of Education Rezoning Proposal

December 14, 2009


The Upper East Side has faced a steadily worsening overcrowding crisis for the past several years. Schools have been forced to convert art rooms, libraries, and even closets into instructional space to keep pace with rising enrollments. A number of new school projects on the Upper East Side are already or will soon be coming to fruition. These new seats should help ease the space crunch. The District 2 Community Education Council (CEC) and New York City Department of Education (DOE) rightfully understand that rezoning will be needed in order to make effective use of the new school capacity that is becoming available.

However, I do not believe that the DOE’s proposal for the space at PS 158 that will become available after East Side Middle School relocates is appropriate.

The bottom line is that the proposals put forth by the DOE create a school that is simply too big. On the East Side, we are fortunate enough to have supportive, nurturing schools of reasonable sizes. Creating a mega-school in the PS 158 building would be detrimental both to the existing PS 158 community and to the students who would be rezoned to attend the school.

Research from both the Brookings Institute and the Center for the Study of Teaching and Policy found that student learning tends to diminish in schools that enroll over 800 students. In addition, it becomes significantly more difficult to build the sense of community that is the hallmark of successful schools in a school of more than 1,000 students.

I, along with Council Member Jessica Lappin and Manhattan Borough President Scott M. Stringer, wrote to the CEC to urge it to reject the rezoning proposal and instead adopt a plan to incubate a new elementary school, with its own zone, at the PS 158 site. You can download a copy of that letter from the Publications section of this website.

Kill the Drill: Protect New York City’s Drinking Water

November 10, 2009




It is difficult to overemphasize the importance of the New York City Watershed to the
City and State of New York. The Watershed is the largest unfiltered drinking water supply in the
nation, providing 1.3 billion gallons of affordable, high-quality drinking water daily to more
than 9 million consumers in New York City — half the population of the entire state of New
York.

I testified before the Department of Environmental Conservation today at a public hearing on the Draft Generic Environmental Impact Statement on Gas Development in the Marcellus Shale. (My testimony is below.) In my testimony, I opposed any move to allow natural gas drilling in the Watershed, and I have called upon the Department to issue a moratorium on drilling and am a co-sponsor of A.8748, which would set strict standards for protecting drinking water throughout the state, and prohibit drilling in and around the watershed.

The Department of Environment Conservation has extended the public comment period
related to this application until December 31st
. Clean water is one of our most precious resources, and the extension of the public comment period is an important step in assuring that decisions regarding drilling in the Marcellus Shale will not be rushed. I encourage everyone to express their opposition through the comment submission process. As a member of the Kill the Drill Coalition, I urge you to visit Manhattan Borough President Scott Stringer’s Kill the Drill webpage to find out other things you can do to make the call for environmental justice issue known and heard.

11.10.09 DEC Testimony Re SGEIS Opp to Drilling in Marcellus Shale

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