CapCon: Housing Hearing, Harvey Weinstein, Wu-Tang Clan, On The Bill
A new product from the Times Union with unique insight, context, and analysis from the state Capitol.
Good afternoon — it’s Wednesday, and National Donor Day.
WEDNESDAY, FEBRUARY 14, 2024
TODAY’S CAPCON: Housing hearing, Harvey Weinstein in Albany, Wu-Tang Clan at the Capitol, On The Bill
🔨 Is Tomorrow a Session Day? No.
❄️ Tonight’s Weather: Albany: Mostly clear, low 20s. New York City: Clear, mid-20s. (National Weather Service)
🏠 Housing Hearing: The HOCHUL administration told lawmakers at Wednesday’s budget hearing that major affordable housing growth is unlikely in New York City without a new tax incentive for developers.
A previous incentive program, called 421-a, expired in 2022, and the Legislature has declined to replace it since then.
The program essentially traded a tax abatement for projects that included a minimum amount of affordable housing.
State Housing Commissioner Ruthanne VISNAUSKAS told lawmakers that about 70,000 affordable units were built through the program between 2010 and 2020.
When asked why developers aren’t building at those rates anymore, Visnauskas pointed to a combination of the expiration of 421-a, and the cost of development in the city.
“I think that the absence of that tax exemption, the finances of the rental projects, given the property tax structure in New York City, doesn’t make economic sense,” Visnauskas said.
Gov. Kathy Hochul is proposing a replacement in this year’s state budget that’s similar to the now-expired program. It would be called 485-x — which I think is more fun to say, but to each their own.
The program would allow the city to determine what share of units would have to be affordable to get the tax abatement, rather than prescribing it in statute.
It would also grant a 35-year tax benefit for rental projects, which is more generous than the 421-a program was.
So far, the Legislature hasn’t been all that keen to approve a replacement program, but there could be an added incentive this year after they failed to reach a deal with Hochul on major housing growth last year.
Hochul also wants to require localities to commit to housing growth if they want to tap into $650 million in state discretionary funding, though legal questions around that remain, as the Times Union’s Josh Solomon reported.
🗣️ The hearing, which focused on housing in the state budget, was also briefly interrupted, and sparked a strong response from Assembly Ways and Means Chair Helene Weinstein.
Advocates rallied for about two minutes, saying they wanted an opportunity to testify at the hearing.
They called on lawmakers to “tax the rich” to fund new housing development across the state.
Weinstein told the advocates they could write their concerns to lawmakers, but that they wouldn’t be added to the list.
“Every individual or organization that requested to testify at this hearing and submitted that testimony according to the rules posted on the Assembly and Senate’s website are listed to testify today,” she said during the protest.
It was also the last budget hearing, so we’re one step closer to a final state budget.
That’s due on Easter, by the way. Legislative sources tell me they’d bet it’s passed after, not before.
⚖️ Harvey Weinstein in Albany: The state’s highest court had Harvey Weinstein on the docket Wednesday. Arguments are happening right around when you’ll get this, so I’m just going to tell you what’s going on there.
As you may know, Weinstein was convicted of sexually assaulting two women — one in 2006, and another in 2013.
At the trial, the court allowed three other women to testify that Weinstein had also allegedly sexually assaulted them, though no charges were brought.
They told the court that they were aspiring actors, who hoped Weinstein would either help their careers, or impede them if he was reported.
Weinstein, who’s represented by attorney Arthur Aidala, appealed the decision, arguing that testimony from alleged victims of crimes he hadn’t been charged with shouldn’t have been allowed.
He also had an issue with a decision at the trial court level that would have allowed prosecutors to ask him a series of questions related to several uncharged sex offenses that date back decades. He decided not to testify.
Weinstein also argued that the statute of limitations had expired for at least one charge, and claims a juror at the trial was biased before it began.
The Appellate Division, First Department in Manhattan ruled against Weinstein, saying that “all of the material allowed by the court was unquestionably relevant.”
“The fact that each of the women reacted negatively to defendant’s advances was helpful to demonstrate to the jury that defendant knew that a woman would not consent to have sex with him merely as a quid pro quo for the assistance he could provide them in their professional career,” the court wrote.
Now, Weinstein is bringing those arguments to the Court of Appeals. Prosecutors want the court to affirm the appellate court’s ruling.
The Court of Appeals typically takes at least a month to hand down a decision after arguments, so we’ll keep an eye out in March for that one to potentially drop.
🧑⚖️ Wu-Tang at the Capitol: Rapper Shyheim of Wu-Tang Clan fame was at the Capitol Wednesday to advocate for two bills that would change parts of the state’s parole system.
“Elder Parole” would grant a parole hearing for people who’ve served at least 15 years in prison, and are at least 55 years old.
“Fair and Timely Parole” would prevent the parole board from denying parole to someone unless they can demonstrate the person’s risk to society.
Supporters, like Shyheim, argue that incarcerated people should be judged based on the progress they’ve made toward rehabilitation, rather than the original crime.
“When I was in prison, what bothered me was that the elders had to go through the same conditions as someone 40 years younger,” he said.
Both bills have been floating around for the last several years, but haven’t gained enough support to make it to the floor in either chamber.
I caught up with Assemblyman David WEPRIN, D-Queens, about why that might be, considering Democrats have been able to pass other major criminal justice changes in recent years.
The Clean Slate Act, which takes effect in November, would seal most criminal records after a waiting period following the end of someone’s sentence.
Changes to bail, discovery, and speedy trial laws were passed in 2019, but have been amended several times since then.
But in an election year, lawmakers have to consider whether voters will side with them on controversial legislation, or if they should punt to the next year, when they’re not up for reelection.
“We’re getting closer because the membership is changing,” Weprin said. “But will it happen this year, in an election year? I don’t know.”
Republicans have framed Democrats’ efforts to change the criminal justice system as “pro-criminal,” and have made the issue of crime a key election issue in recent cycles.
Former U.S. Rep. Lee Zeldin made crime and affordability key pillars of his 2022 campaign for governor, and came closer than any other Republican to that office since former Gov. George E. Pataki.
Democrats have struggled to change the conversation on public safety in recent years, even as some crime rates began to fall.
That doesn’t mean Democrats won’t pass these bills this year, but it makes members in competitive districts less likely to support anything that a Republican candidate could use against them.
The bills aren’t inherently tied to crime, but Republicans could use them to continue framing Democrats as “pro-criminal.”
A Siena poll released last month found that 47 percent of those asked thought crime had gotten worse in New York over the past year.
🔵 Suozzi Takeaways: Former (and now incoming) Rep. Tom SUOZZI won last night’s special election in NY-3 against Mazi Pilip. You’ve probably already read about it, so here’s five quick takeaways.
Suozzi was able to win over voters on the issue of immigration, opening a door for Democrats to harness that issue to their advantage this year.
Abortion may still be a tough issue for Republicans in swing districts after Pilip held a confusing stance on the issue.
The district is represented largely by Republicans in the state Senate, who may now feel more pressure to perform ahead of November.
Democrats outspent Republicans by quite a bit in this race, and the wide margin between Suozzi and Pilip (53 - 46 percent) showed the difference that made.
Republicans won’t gain a vote in the House, making it harder for them to move controversial legislation this year with a narrow majority.
Hochul, meanwhile, touted her own involvement in the race Wednesday, telling reporters she talked to Suozzi nearly every day during the campaign.
Hochul and Suozzi were previously bitter rivals in the 2022 race for governor, during which Suozzi repeatedly tried to frame her as unqualified.
But the change shows that Hochul can let a grudge go, which her predecessor had trouble with.
“I have called him almost daily to shape and talk about what we need to do,” Hochul said. “I have raised him money. I’ve given him resources.”
Hochul also said she made a difference in the race by hammering Republicans after they declined to move forward with new border security measures negotiated with President Joe Biden.
Immigration has long been a key issue on Long Island, where politics tend to be more conservative than the rest of the state.
“What he saw me do was call out the Republicans in the state of New York,” Hochul said. “Their refusal to do that, I believe, played a role because Tom Suozzi could point out the hypocrisy.”
We’ll feature a bill out of Albany each week that you may not hear about otherwise.
📝 ON THE BILL: Local IDAs & Funding For Public Schools
Bill Sponsor(s): State Sen. Sean Ryan, D-Erie County, Economic Development Chair | Assemblyman Harry Bronson, D-Monroe County, Labor Chair
Current Status: Senate Local Government Committee, Assembly Education Committee
What It Would Do: Industrial Development Agencies, or IDAs, are intended to spur economic development at the local level.
One way they try to do this is by offering tax breaks to businesses to encourage growth.
This bill would prevent IDAs from offering tax breaks when those receipts would’ve gone to fund public schools.
Between the Lines: Supporters of the bill point to a report from Good Jobs First, a Washington, D.C.-based economic development research firm, that estimated $1.8 billion in tax abatements were granted by IDAs in FY 2021. That’s money that could’ve gone to schools, they said.
But a report released last year by the state Economic Development Council, a trade group for IDAs and other economic development stakeholders, claimed that IDAs “helped create and retain 1.3 million jobs representing $141 billion in annual wages” in 2021.
New or Old: Old bill; S8395/A10069 in 2022, when it did not move.
Notable Views: New York State United Teachers, a powerful voice in state government and politics, supports the bill. Sen. James Skoufis, D-Orange County, has also been critical of IDAs, particularly the local Orange County IDA. He co-sponsors the bill.
🔫 Red Flag Gun Law: A5873 LAVINE: When a judge approves an Extreme Risk Protection Order, they would be required to send notice to a statewide registry of all court orders of protection and outstanding warrants.
🍷 More Booze Please: S2853A SKOUFIS: Would allow bars and restaurants to buy up to 12 bottles of wine and/or liquor a week from a nearby liquor store if they run out. State law currently doesn’t allow that, so when they’re out, they’re out.
🎲 Online Gambling: A9198 PRETLOW: Would legalize online, interactive casino gaming in New York. (Pretlow introduced the same-as of Addabbo’s bill. First introduced: 2021)
🔨 Is Tomorrow a Session Day? No.
🏫 Thursday: Board of Regents Candidate Interviews, 10 a.m., Assembly Parlor
🫀 National Donor Day: Organ donation can save lives, and whether you’re for it or not, today is marked to raise awareness of the benefits of becoming a donor. About one out of every three deceased donors are above the age of 50, according to Donate Life America.
Organ donation varies by state, but if you want to become one in New York, you have to sign up on the state’s website.
On average, 20 people die each day waiting for a transplant, according to the Organ Donation and Transplantation Alliance.
More from the Times Union (Free for CapCon Subscribers):
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PrizePicks to pay $15M settlement, cease operations
The Times Union Bill Tracker: Your guide to key bills on the table in this year’s legislative session, compiled by the TU’s Capitol Bureau. Find it here.
Thanks for reading, and be well.
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