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.
Statement Regarding the Incident at Capobianco Field
June 29, 2009
Many Roosevelt Island residents have contacted my office to express their concern about an incident that took place on May 31st at Capobianco Field. According to reports I have received, the Public Safety officers at the scene of the May 31st incident did not effectively mediate the dispute, and may instead have played a role in unnecessarily escalating it. While I did not witness the incident, I share the concerns of residents regarding the role of Public Safety officers in this, and other disputes, as well as the obvious unresolved problems relating to use of the ball field.
If it is found that Public Safety officers acted inappropriately, I expect them to be disciplined. No matter what, I expect the Roosevelt Island Operating Corporation (RIOC) and the Public Safety Department (PSD) to take steps to ensure that PSD officers are properly trained to respond constructively to disputes and act as mediators and not belligerents. In the longer term, I am working on legislation to create a civilian review complaint board that will bring community oversight to police officers employed by public agencies, ensuring greater accountability on the part of PSD and other similar security forces.
The incident was covered extensively by local Roosevelt Island media, including the Roosevelt Island 360 and Roosevelt Islander blogs, and in an article published by the Main Street WIRE.
On June 4th, Council Member Jessica Lappin and I wrote to RIOC President Steve Shane, expressing our shared concerns on these matters and requesting a meeting to further discuss the incident. I have posted a copy of that letter in the Publications section of my website. I will continue to keep you updated on this serious matter.
Solidarity with Coler-Goldwater Nurses
March 19, 2009
For more than half a century the HHC Coler-Goldwater Hospital on Roosevelt Island has played an important role in New York City’s health care system providing HIV and AIDS care, geriatric care, primary care, rehabilitation services, and 24-hour long-term care to children and adults with chronic and multiple disabilities. The work done at Coler and Goldwater requires having the kind of dedicated staff that goes that extra mile and the nurses that work there exemplify that compassionate professionalism.
We all know that this is a particularly tough budget year and that the proposed Executive budget now before the legislature includes measures that will impact HHC hospitals, including Coler-Goldwater. It would be dishonest to say that there will not be cuts to health care when a final budget is passed. But in Albany, I am working to ensure that public hospitals like the one I represent on Roosevelt Island get the funding they need to continue to fulfill their missions.
Today the New York State Nurses Association held a protest in front of both the Coler and Goldwater hospitals, at which Council Member Jessica Lappin and I joined the nurses in their opposition to management’s decision to force them to move to a five-day schedule, instead of continuing to offer a choice between a five-day and four-day schedule. This decision does not serve the long-term interests of the hospital and it is unfair to its staff. Two years ago, introducing the option of a four-day week attracted many new nurses to Coler-Goldwater despite the state’s nursing shortage. To reverse this labor policy will undoubtedly drive many of these nurses away from the hospital. This is especially true during a hiring freeze and will result in an unacceptable situation for both staff and patients.
It is time to break the old habits of labor and management butting heads; we know that this will only worsen our problems. Instead, we must endeavor to work together. I implore hospital management to come to the table and work with its nurses to find better solutions to the problems that are facing Coler and Goldwater.
You can download my full statement from today’s vigil in the Publications Section of my website.
Join me for the Lenox Hill Democratic Club’s Membership Recruitment Event
February 23, 2009

One of the most common questions I get asked is what regular people can do to get more involved in local politics. There are lots of different ways to get involved, and most involve joining - joining your community board, your PTA, a block association, or your local political club. On the Upper East Side, the Lenox Hill Democratic Club has long been an important organization fighting for progressive politics and responsive government in our community.
So if you’ve ever wanted to get more engaged in local politics, now is the time to get your feet wet. I hope you will join me at the Lenox Hill Democratic Club Membership Recruitment Event this Thursday, February 26th at Rathbone’s (1702 Second Avenue @ 88th Street) from 6:30 to 8:30 pm. I will be attending along with Congresswoman Carolyn Maloney, Comptroller William Thompson, Jr., Manhattan Borough President Scott Stringer, State Senators Liz Krueger and Jose Serrano, and Council Members Jessica Lappin and Dan Garodnick.
This is a great opportunity to talk politics and meet new people. All are welcome and there will be free food and drinks. To RSVP or if you have any questions, please email LHDCevents@ymail.com.
Get involved and be a part of change in 2009!
Opposition to Eastwood Submetering Scheme
February 9, 2009

It was standing room only as Eastwood residents packed the Chapel of the Good Shepard Church for an emergency community organizing meeting last Saturday.
Last fall the residents of the Eastwood complex on Roosevelt Island were informed by their management company, Urban American, that management was applying to the New York State Public Service Commission (PSC) for the building to be converted to submetered electricity. Submetering, as opposed to mastermetering, is when tenants are billed individually for their unit’s electrical usage rather than the landlord.
From the get-go, I was skeptical that a 33-year-old building with a baseboard electric heating system, energy-inefficient appliances, faulty thermostats, and a host of other issues, could establish a submetering scheme that wouldn’t result in a de facto massive rent increase that prices families out of their homes. However laudable the environmental goals of submetering, it doesn’t always make sense. In order for submetering to result in cost-savings and energy conservation, tenants need to be able to have the tools to conserve electricity. This is simply not possible in a building like Eastwood.
It was for these reasons that I requested two months of sample billing be sent to residents prior to the start of actual billing. What we have seen since those bills began to arrive last week is alarming. Bills totalling $600, $700, $800, $900, and even $1000 are not uncommon - for all unit sizes.
This morning, the New York Times published an article about this issue and in it Douglas Eisenberg, CEO of Urban American is quoted as saying the following:
“I think that changing one’s habits is a difficult thing to do, and this really takes people being proactive about saving energy[…] A lot of these residents have lived in this building a long time. They haven’t been responsible for their electric bills. Now they are. I think at the end of the day, I feel pretty good that we’re doing the right thing here.”
I am fairly offended by these remarks, as I am sure Eastwood tenants are. If I ran every appliance in my apartment 24-hours a day for a month, I doubt I could match most of the electric bills that Eastwood residents are facing. Electric baseboard heating is simply the most inefficient system you can have in a building like this. And what’s worse is that Douglas Eisenberg knows this. His company has been paying this electric bill since they bought the building, and now they don’t want to do that anymore. Blaming the tenants and accusing them of being wasteful is a low-ball move and it’s not fooling anyone.
I have only seen two bills so far, out of hundreds, where the rent reduction covers what was approved by the PSC, and most tenants are many hundreds of dollars away from that mark. If you are an Eastwood tenant and you have not yet faxed me a copy of your sample bill, please do so. My fax number is 917-432-2983.
One piece of good news to report is that through my negotiations with the NYS Division of Housing and Community Renewal (DHCR), the rent reduction schedule will be improved slightly. DHCR is responsible for setting the amounts for Section 8 tenants based on a strict interpretation of federal HUD regulations. (And the rent reductions for Section 8 tenants were applied to all tenants.) However, the initial calculations by DHCR assumed a lower dollar per kilowatt/hour amount than what tenants are actually going to be charged by Con Edison (14 cents per kwh as opposed to 18 cents per kwh). The new rent reduction rates can be accessed by clicking here, and while they do not solve the problems tenants are facing, I am pleased that DHCR has taken the step to review their calculations in order to ensure that tenants are at least given what they are entitled to under the law.
Despite this small victory, I do not believe that Eastwood is an appropriate candidate for submetering, under any rent reduction scheme. Having now viewed the sample bills, I, along with my colleagues (Congresswoman Carolyn Maloney, Borough President Scott Stringer, State Senator Jose Serrano, and Council Member Jessica Lappin) wrote to the Public Service Commission and petitioned for the Eastwood submetering application to have a re-hearing so that a number of factors that may have been initially overlooked may be examined more closely.
***UPDATE*** The Public Service Commission has granted my request for a stay of submetering and the landlord’s application is now in a re-hearing process. Tenants at Eastwood have until April 1st to submit comments to the PSC on the application itself. Please contact my office for more information at 212-860-4906.
Fighting for the Rights of People with Disabilities
January 17, 2009

As many of you know, advocating on the issues that impact people with disabilities is very important to me. Last week was very busy on the disabilities rights front, and I wanted to give a brief update about what I’ve been up to.
On January 14th, I testified at the MTA hearing in Manhattan in opposition to the fare hikes and service cuts being proposed. I urged to give the state legislature and the federal government the time we need to come up with the funds that are needed. Paramount in my testimony was my opposition to fare hikes proposed for Access-A-Ride riders. While the MTA is considering raising the fare for those straphangers who are physically able to use the regular mass transit system by as much as 50% (from $2 to as much as $3), they are asking riders with disabilities to absorb an outrageously disproportionate fare increase of as much as 300% (from $2 to as much as $6).
Affordable and accessible transportation is a lifeline for people with disabilities and the frail elderly. 64% of Access-A-Ride users have total household incomes at less than 250% of the federal poverty level. It is a matter of simple mathematics. The many riders who depend on Access-A-Ride will literally be unable to leave their homes under this proposed fare structure. My testimony can be found in the Publications area of my website.

I am pictured here with Paul B. Feuerstein, Board Chair of the Disabilities Network of NYC and President/CEO of Barrier Free Living
(left) and Lawrence Carter-Long, Executive Director of DNNYC (right). Note: We are standing in front of the VISIONS banner, the organization which hosted the meeting. VISIONS is a tremendous organization serving and advocating for people who are blind or visually impaired.
I had the great pleasure of addressing the Disabilities Network of New York City at their visioning meeting on January 15th. This is a truly diverse organization representing people with physical, vision, and hearing disabilities. The community gathering’s purpose was to determine the shared vision for advocacy goals of DNNYC. I delivered welcoming remarks at the event. Here is a brief snippet of those remarks:
As someone with a mobility disability myself, I understand from firsthand experiences the myriad of challenges that people with disabilties face. We need to ensure that all New Yorkers have access to transportation options that serve them and the MTA and the TLC won’t do this without our continued advocacy and creative thinking. We need to ensure that all New Yorkers have access to affordable, comprehensive, and quality health care. And this will not happen without our vigilance and persistence. The secret of effective politics is participation. That’s it. And is must come from people with disabilities in order for our issues to be at the forefront. It is the task and the responsibility of everyone here to make your voice heard by those that represent you, be they in City Hall, Albany or Washington, DC.
We are not an insignificant minority that can brushed aside. We are 20% of the general population and the attention the media has given to our issues while increasing, has never matched our numbers.
In less than a week we will be witnessing a changing of the guard in Washington, DC and last week we saw one in Albany —now is the time for DNNYC to make a coordinated effort to ensure we leverage our community’s growing political strength.
If you are interested in getting involved in advocating for the rights of people with disabilities, I highly recommend giving your time to this important organization.

Assembly Member Alan Maisel and I talking about health policy with PJ Weiner, Manager of Advocacy Programs for the MS Society of NYC (far right) and Robin Einbinder, Vice President of the MS Society of NYC (second from the right).
After the DNNYC event, I headed over to the Multiple Sclerosis Society of New York City inaugral legislative reception. I had the great honor of being asked to co-host this event. An impressive gathering of members of the MS Society met with their legislators including the newly minted Chair of the Senate Health Committee, Tom Duane, Assembly Members Linda Rosenthal and Alan Maisel, NYC Council Members John Liu and Gale Brewer, and representatives from the offices of Congresswoman Carolyn Maloney, Senator Daniel Squadron, Manhattan Borough President Scott Stringer, Assembly Member Jonathan Bing, and Council Members Jessica Lappin and Oliver Koppell.
There were many issues discussed at this event, but paramount on the minds of the MS Society members I spoke to was the issue of Tier IV pricing — and the need for support for a ban on this practice in New York. The MS Society has worked with Senate Majority Leader Malcolm Smith on legislation that would ban Tier IV drug pricing, a bill that I am excited to support in the New York State Assembly.
The proposed legislation would ban the creation of a fourth tier in a company’s prescription drug pricing forumlae. In states where this has been allowed to happen, medication treating diseases such as anemia, cancer, MS, and hepatitis C are categorized separately from other prescription drugs and co-payments have amounted to up to 33% of the total cost of each prescription. Patients with chronic diseases are seeing fees dramatically increase to hundreds or even thousands of dollars per prescription per month. This can never be allowed to happen in New York and I am greatful to the MS Society of New York City for raising this important issue and working with the legislature to protect all New Yorkers from this unacceptable threat to access to health care.
The ABCs of A Better Capital Plan for Our Schools
September 23, 2008

Councilmember Jessica Lappin and I spoke to PS 158 PTA President Erinn Deri this morning before class started to distribute postcards as part of a campaign to encourage Mayor Bloomberg and Education Chancellor Klein to give schools more capital support.
For the next few weeks I will be visiting schools throughout our communities asking parents, teachers, and concerned residents to sign postcards to Mayor Bloomberg and Chancellor Klein asking them to give students the small classes they need to learn and grow.
It clear that school overcrowding is a growing problem throughout New York City and especially on the Upper East Side—and it is a problem that will not go away until the Department of Education and the Mayor take action to make a proactive change. I am a member of Manhattan Borough President Scott Stringer’s Task Force on School Overcrowding. Since January, we have been working to create a comprehensive plan to submit to the City which we believe would help solve the overcrowding dilemma. This November, it is critical that the City’s new five-year capital plan for school construction take into account the projected growth in population and residential construction, especially on the Upper East Side.
To that end I am working with the Borough President to promote “The ABCs of A Better Capital Plan”. The ABCs would:
Address overcrowding and implement the city’s state-mandated class-size reduction plan: 20 students per class in K-3 and 23 in all other grades.
Be proactive and plan ahead to add school seats as neighborhoods grow.
Correct the way school capacity is calculated so the loss of art rooms and other critical spaces to overcrowding is acknowledged.
If you are interested in signing a postcard please stop by my office. Together we can ensure that the next generation of New York leaders receives the education that they deserve in schools that we can be proud of.
Kellner, Lappin Help UES Kindergarteners with School Placement after DOE Drops the Ball
August 14, 2008
Jennifer Sapienza (left) and Pankaj Jha (not pictured), two parents of UES schoolchildren, attended a press conference (the press release is available here) with Council Member Jessica Lappin and myself to draw attention to an ongoing problem with kindergarten school placements for UES families living in the PS 151 zone.
The new school year is fast approaching, and while some parents rush around for new lunchboxes, others are still waiting to find out where their children will be heading to class in September. With 19 days left to go before the big first day, a number of UES parents (the DOE says approximately 10 families) who live in the District 2 Zone 151 area were left hanging when a “computer error” by the NYC Department of Education resulted in a stressful summer.
The PS 151 school, which was closed almost 10 years ago, has never been replaced so when parents living in this zone apply for kindergarten they are entering a lottery. This year, an error resulted in a number of parents receiving letters stating that their young children had spots at PS 158, the Bayard Taylor School - but they were later told that this was an error, and no spots existed for their kids.
These parents contacted my office and Council Member Jessica Lappin’s office for help but after 2 months of phone calls with the Department of Education there was still no resolution. After we held a press conference today at least one of our parents received an email from the DOE saying that her child now had a placement secured.
But why did it have to come to this? Looking at the bigger picture, it is clear that a long-term sustainable plan must be made by the DOE to deal with the increasing and disgraceful overcrowding problem at Upper East Side schools. Obviously, an immediate plan is also necessary to help the parents in the PS 151 zone so that next year is not a repeat of this one. We need more spots for Upper East Side residents, including making better use of existing resources, planning for growth, and new school seats. I blogged awhile ago (”Kellner to DOE: PS 66 is the Solution to School Overcrowding on the UES“) about how we need a rezoning. These sorts of incidents underscore this desperate reality.
Starting Kindergarten is a particularly stressful time for the families of young children that takes a lot of adjusting to. In order to ensure a smooth transition, it is important that families have enough time to prepare for that big day. What happened to the Sapienza and Jha families was unacceptable and I will be keeping tabs on how the DOE works to ensure these sorts of problems do not cause hardships for next year’s new kindergarteners.





